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HomeMy WebLinkAboutAgenda Packet - CC - 2015.07.066URl.INGAME NGAME HALL Cit of Burlingame 8501 PRIMROSE ROAD Y J 5D1 PRIMROSE ROAD BURLINGAME, CA 94010 Meeting Agenda - Final City Council Monday, July 6, 2015 7:00 PM Council Chambers CLOSED SESSION - 6:00 p.m. - Conference Room A a. Approval of the Closed Session Agenda b. Closed Session Community Forum: Members of the Public Mav Address the Council on any Item on the Closed Session Agenda at this Time. C. Adjournment into Closed Session d. Conference with Legal Counsel — Potential Litigation - Gov. Code &54956.9 (a) and (d) (4): One Case Note: Public comment is permitted on all 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 "request 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 optional. Speakers are limited to three minutes each; the Mayor may adjust 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 a. Presentation of Sponsor Check by Veolia Water for Music in the Park b. Presentation: Financing Alternatives for Capital Projects Attachments: Presentation. pptx City of Burlingame Page 1 Printed on 7/2/2015 City Council Meeting Agenda - Final July 6, 2015 C. Presentation on Graywater 7. PUBLIC COMMENTS, NON -AGENDA Members of the public may speak about any item not on the agenda. Members of the public wishing to suggest an item for a future Council agenda may do so during this public comment period. The Ralph M. Brown Act (the State local agency open meeting law) prohibits the City Council from acting on any matter that is not on the agenda. 8. APPROVAL OF CONSENT CALENDAR Consent calendar items are usually approved in a single motion, unless pulled for separate discussion. Any member of the public wishing to comment on an item listed here may do so by submitting a speaker slip for that item in advance of the Council's consideration of the consent calendar. a. Approve City Council Meeting Minutes of June 15, 2015 Attachments: 6-15-15 Unapproved Minutes b. Adoption of a Resolution Authorizinq the Citv Manaqer to Execute the Agreement for Joint Use, Maintenance, Operation, and for Maintaining a Strong Collaborative Relationship between the City of Burlingame and the Burlingame School District Attachments: Staff Report Resolution Agreement C. Adoption of a Resolution Awarding a Construction Contract to Interstate Gradinq and Paving. Inc.. for the 2015 Street Resurfacing Program, City Project No. 84160. and Authorizing the City Manager to Execute the Construction Contract Attachments: Staff Report Resolution Bid Summary Project Location Map Contruction Contract Agreement d. Adoption of a Resolution Resecting a Bid Received for the Terrace Creek Capacity Improvements Project, City Project No. 84300 Attachments: Staff Report Resolution Bid Summary Project Location Map City ofeudingame Page 2 Printed on 71212015 City Council Meeting Agenda - Final July 6, 2015 e. Adoption of a Resolution Approving the Final Condominium Map (PM 06-01) Subdivision of a Portion of Lot 7. Map of Mills Estate No. 3 Subdivision at 1800 Trousdale Drive Attachments: Staff Report Resolution Final Condominium Mao March 26, 2007 Planning Commission Minutes Conditions of Approval for Condominium Permit f. Adoption of a Resolution Approving a Public Works Mutual Aid Agreement Attachments: Staff Report Resolution Public Works Mutual Aid Agreement Public Works Mutual Aid Agreement Procedures Guide g. Adoption of a Resolution Establishing Salary Ranges for the Deputy/Assistant City Attorney, Program Outreach Specialist and Training Coordinator Positions Attachments: Staff Report Resolution Job Specifications and Salary Ranges h. Adoption of Resolutions Memorializing the City Council's Actions Certifying the Final Environmental Impact Report (FEIR) and Approving Applications for Design Review, a Condominium Permit, Conditional Use Permits, Special Permits, Fence Exception. Request for Early Demolition, and of a Vesting Tentative Map for a Multi -Family Development Consisting of 22 Residential Condominiums and 268 Residential Apartments on Property Located at 1008-1028 Carolan Avenue and 1007-1025 Rollins Road Attachments: Staff Report Resolution Certifying FEIR FEIR Resolution - Exhibit "A" - Environmental Impacts FEIR Resolution - Exhibit "B" - Conditions of Approval Resolution - Proiect Entitlements City of 9urlingame Page 3 Printed on 71212015 City Council Meeting Agenda - Final July 6, 2015 i. Adoption of a Resolution Authorizing the City Manager to Execute an Amendment to a Professional Services Agreement with David J. Powers & Associates. Inc. for Environmental Review Services Related to the Pro Dosed Carolan Avenue Multi -Family Residential Development (SummerHill) Proiect at 1008-1028 Carolan Avenue and 1007-1025 Rollins Road Attachments: Staff Report Resolution Proposed Amendment to Agreement Contract Amendment Request from David J. Powers & Associates. Inc. Executed Agreement for Professional Services j. Letter of Opposition to AB 1217, Affecting the Governance Structure of Joint Powers Authorities Attachments: Staff Report Burlingame Letter of Opposition League Letter of Opposition 9. PUBLIC HEARINGS (Public Comment) a. Introduction of an Ordinance of the City of Burlingame Amending Chapter 8.18 of the Burlingame Municipal Code to Prohibit Smoking in Multi -Family Dwellings Attachments: Staff Report Proposed Ordinance b. Introduction of an Ordinance of the City of Burlingame Repealing Interim Ordinance 1911 and Amending Chapter 6.39 of the Burlingame Municipal Code Regulating Massage Establishments Attachments: Staff Report Proposed Ordinance 10. STAFF REPORTS AND COMMUNICATIONS (Public Comment) a. Request for Proposals (RFP) for Affordable Housing on Parking Lots F and N — Additional Information for Council Consideration Submitted by the Two Finalists, The Pacific Companies and Mid -Peninsula Housing Attachments: Staff Report The Pacific Companies - June 22, 2015 Correspondence Mid -Peninsula Housing - June 23, 2015 Correspondence Low -Income Housing Tax Credits WHTC) Overview City ofBurlingame Page Printedon 7/2/2515 City Council Meeting Agenda - Final July 6, 2015 b. Update on Burlingame Gateway Entry Signage Design Concepts along EI Camino Real City Project No. 83900 Attachments: Staff Report PowerPoint Presentation of Revised Design Concepts.pdf May 4th PowerPoint Presentation 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Council Members report on committees and activities and make announcements. 12. FUTURE AGENDA ITEMS 13. ACKNOWLEDGMENTS a. Commission Minutes: Library, May 19, 2015: Traffic. Safety and Parking May 14 2015 14. ADJOURNMENT Notice: Any attendees wishing accommodations for disabilities please contact the City Clerk at (650)558-7203 at least 24 hours before the meeting. A copy of the Agenda Packet is available for public review at the City Clerk's office, City Hall, 501 Primrose 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 COUNCIL MEETING - Next Special City Council Meetings - Tuesday, July 7, 2015 - Library Board Interviews and Closed Session; Monday, July 13, 2015 - Study Session, Affordable Housing; Next Regular City Council Meeting - Monday, August 17, 2015 VIEW REGULAR COUNCIL MEETING ONLINE AT WWW.BURLINGAME.ORG - GO TO "CITY COUNCIL VIDEOS" Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the Water Office counter at City Hall at 501 Primrose Road during normal business hours. City of Burlingame Page 5 Printed on 71212015 Agenda Item 8a Date: 7/6/2015 BURLINGAME CITY COUNCIL Approved Minutes Regular Meeting of June 15, 2015 1. CALL TO ORDER A duly noticed regular meeting of the Burlingame City Council was held on the above date in the City Hall Council Chambers. Mayor Nagel called the meeting to order at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE TO THE FLAG The pledge of allegiance was led by Bill Meeker. 3. ROLL CALL MEMBERS PRESENT: Brownrigg, Keighran, Nagel, Ortiz, Root MEMBERS ABSENT: None 4. REPORT OUT FROM CLOSED SESSION CA Kane advised that Council met in Closed Session, direction was given, and there was no reportable action at this time. 5. Mayor Nagel reviewed the upcoming events taking place in the City. 6. PRESENTATIONS a. PRESENTATION OF NINE SPORTS AWARDS Recreation Coordinator Mike Noce and Mayor Nagel presented certificates to Burlingame Intermediate School students Katie Riviello, Gran Cosovich, Cal Lopez, Alexander Wright and congratulated them on their fine accomplishment of participating in nine seasons of after school sports for three years. b. PRESENTATION REGARDING PENINSULA SUN SHARES Sustainability Coordinator Sigalle Michael gave an update on Peninsula Sun Shares program. She said Burlingame joined the program that kicked off on April 1, 2015. Ms. Michael said it was intended to be a Burlingame City Council June 15, 2015 Approved Minutes Agenda Item 8a Date: 7/6/2015 three month program but was just extended to the end of July. Ms. Michael advised that there are 526 participants region -wide including 41 Burlingame residents who have signed up for a solar energy audit. PUBLIC COMMENTS Burlingame residents Cynthia Cornell, Mauricia Savella, Cynthia Wukotich spoke about the high cost of rental units in Burlingame. 8. CONSENT CALENDAR Mayor Nagel asked the Councilmembers and the public if they wished to remove any items from the Consent Calendar. Mayor Nagel removed item 8c, and Councilmember Brownrigg removed item 8e. Councilmember Brownrigg made a motion to adopt items 8a, 8b, 8d, 8f, and 8g of the Consent Calendar; seconded by Councilmember Ortiz. The motion was approved unanimously by voice vote, 5-0. a. APPROVE THE CITY COUNCIL MEETING MINUTES OF JUNE 1, 2015 CC Kearney requested Council approve the City Council meeting minutes of June 1, 2015. b. ADOPTION OF RESOLUTIONS AWARDING A CONSTRUCTION CONTRACT TO K. J. WOODS CONSTRUCTION, INC. FOR THE SANCHEZ BYPASS AND NEIGHBORHOOD SEWER REHABILITATION PROJECT PHASE 4, AND APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH HATCH MOTT MACDONALD FOR CONSTRUCTION MANAGEMENT SERVICES RELATED TO THE PROJECT DPW Murtuza requested Council adopt Resolution No. 58-2015 awarding construction contract and Resolution No. 59-2015 approving professional services agreement. e. ADOPTION OF A RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH TE BURLINGAME CHAMBER OF COMMERCE TO PROVIDE INFORMATION AND PROMOTION SERVICES IN FISCAL YEAR 2015-2016 Mayor Nagel asked Chamber of Commerce Director Georgette Naylor, who was in the audience, about the "Buy in Burlingame" campaign extending to the holiday season. Ms. Naylor said they would definitely be open to doing that. Mayor Nagel made a motion to adopt Resolution No. 60-2015; seconded by Vice Mayor Keighran. The motion was approved unanimously by voice vote, 5-0. Burlingame City Council June 15, 2015 Approved Minutes Agenda Item 8a Date: 7/6/2015 d. ADOPTION OF A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH CAINE COMPUTER CONSULTING, LLC TO PROVIDE INFORMATION TECHNOLOGY SERVICES TO THE CITY'S POLICE DEPARTMENT PC Wollman requested Council adopt Resolution No. 61-2015. e. ADOPTION OF A RESOLUTION AUTHORIZING A PART-TIME SALARY AND BENEFIT PLAN Councilmember Brownrigg asked what this means to the part-time employees and HRD Loomis provided clarification. CM Goldman advised that the Federal Affordable Care Act requires that health insurance is provided to employees working 30 hours or more. Councilmember Brownrigg commented that hiring retired part-time employees may be beneficial since they would bring valuable knowledge to the City. CM Goldman said that the part-time employees issue is one that City staff will be discussing with the Council at a City Council meeting in the fall. Mayor Nagel opened the item for public comments and there were no comments. Councilmember Brownrigg made a motion to adopt Resolution No. 62-2015; seconded by Councilmember Root. The motion was approved unanimously by voice vote, 5-0. E ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE ONE-YEAR SERVICE ORDER FOR INFORMATION TECHNOLOGY SERVICES FROM THE CITY OF REDWOOD CITY FinDir Augustine requested Council adopt Resolution No. 63-2015. g. ADOPTION OFA RESOLUTION OPPOSING AB 57 AND AUTHORIZING THE MAYOR TO SIGN A LETTER IN OPPOSITION CA Kane requested Council adopt Resolution No. 64-2015. 9. PUBLIC HEARINGS a. CITY COUNCIL REVIEW OF THE PLANNING COMMISSION'S ACTIONS CERTIFYING THE FINAL ENVIRONMENTAL IMACT REPORT (FEIR) AND APPROVING APPLICATIONS FOR DESIGN REVIEW, A CONDMINIUM PERMIT, CONDITIONAL USE PERMITS, A FENCE HEIGHT EXCEPTION, A REQUEST FOR EARLY DEMOLITION, AND VESTING TENTATIVE AND FINAL MAPS FOR A MULTI -FAMILY DEVELOPMENT CONSISTING OF 22 RESIDENTIAL CONDOMINIUMS AND 268 RESIDENTIAL APARTMENTS ON PROPERTY LOCATED AT 1008-1028 CAROLAN AVENUE AND 1007- 1025 ROLLINS ROAD Burlingame City Council June 15, 2015 Approved Minutes Agenda Item 8a Date: 7/6/2015 Mayor Nagel advised that she had called this up for discussion since it is the largest housing project to be considered in the City in quite a number of years. Mayor Nagel thanked the Planning Commission for their excellent review of all aspects of the project. CA Kane suggested that the Councilmembers disclose any ex parte contacts they have had with the developer. The Councilmembers all advised that they had met or spoken with the developer and the neighbors. CDD Meeker introduced Planning Manager Kevin Gardiner who reviewed the staff report and advised that on March 7, 2014 Summerhill Apartment Communities filed an application with the Community Development Department requesting approval of 22 residential townhome condominium units and 268 residential apartment units at the above referenced addresses. Mr. Gardiner gave a brief presentation and reviewed the size of the units and said that 29 apartment units will be for affordable to moderate income households. John Schwarz of David J. Powers & Associates spoke and gave an overview of the environmental process including the key findings of the environmental impact review. He also addressed the main issues and concerns that were raised during public comments at the March 26, 2015 Planning Commission meeting. Councilmembers expressed some concerns about traffic impacts, impacts to the schools, electric vehicle charging stations, bicycle parking, electrification of Caltrain, and possibly eliminating the Sunday construction hours, and design issues. Elaine Breeze, Vice President of Development for Summerhill Homes addressed the Council and reviewed the proposed project design. She introduced their architect John Seidel and he provided renderings of what was proposed in November 2014 and how it has been modified as of today. Elaine Breeze said the market rate for renting one bedroom apartments would be roughly $2600 per month and a two bedroom would be more than $3000. She said the townhomes would sell for about $1 million. The Councilmembers did have questions and concerns about the project and City staff and Summerhill staff addressed their concerns. Mayor Nagel opened the public hearing and Pat Callahan, Marianne Saucedo, Cynthia Cornell, and John Kevranian spoke. Councilmember Brownrigg made a motion to endorse the environmental impact report; seconded by Vice Mayor Keighran. The motion was approved unanimously by voice vote, 5-0. Councilmember Brownrigg made a motion to approve the project with the following conditions: • The 29 affordable units would be for 25 years and not ten as proposed. • Placement of eight foot story poles indicating the height of the wall so neighbors have a sense of the height with consensus by the neighbors that they approve it. • No construction on Sundays or holidays. • Aluminum clad wood with divided or simulated true divided lights windows on townhomes. 4 Burlingame City Council June 15, 2015 Approved Minutes Agenda Item 8a Date: 7/6/2015 • Establish community room policy by working with City staff. • If there isn't general agreement from abutting property owners regarding the height of the fence or the wall, the project will return to the Planning Commission for further review. • Written documentation shall be provided to the Community Development Director indicating that a majority of abutting property owners have viewed the story poles and are in agreement with the proposed structure. The motion was seconded by Vice Mayor Keighran and approved unanimously by voice vote, 5-0. The Councihnembers were pleased with the development overall and thanked the developer for their public engagement process with the neighbors. b. PUBLIC HEARING AND ADOPTION OF RESOLUTIONS (1) ADOPTING THE FY 2015-2016 OPERATING AND CAPITAL BUDGETS AND (2) AUTHORIZING THE FINANCE DIRECTOR TO ASSIGN USES OF FUND BALANCE AMOUNTS; AND APPROVING THE GANN APPROPRIATION LIMIT FinDir Augustine reviewed the staff report and requested Council adopt the FY 2015-2016 Operating and Capital Budgets and authorize the Finance Director to assign uses of fund balance amounts; and approve the Gann Appropriation Limit. The Mayor and Councilmembers thanked FinDir Augustine and her staff for all their efforts in the preparation of the budget. Mayor Nagel opened the public hearing. There were no comments from the floor, and the hearing was closed. Councilmember Brownrigg made a motion to adopt Resolution No. 65-2015 adopting the FY 2015-2016 Operating and Capital Budgets; seconded by Vice Mayor Keighran. The motion was approved unanimously by voice vote, 5-0. Councilmember Ortiz made a motion to adopt Resolution No. 66-2015 approving the Gann Appropriation Limit; seconded by Councilmember Root. The motion was approved unanimously by voice vote, 5-0. 10. STAFF REPORTS AND COMMUNICATIONS a. CITY COUNCIL ENDORSEMENT OF APPOINTMENTS TO THE CITIZENS ADVISORY COMMITTEE FOR THE GENERAL PLAN AND ZONING ORDINANCE UPDATE CDD Meeker reviewed the staff report and requested that the Council endorse the membership roster of the Citizens Advisory Committee (CAC) for the General Plan update. Mr. Meeker said the role of the Committee is to connect with the various communities and stakeholders of Burlingame for the purpose of advising City staff and the project consultants throughout the estimated 30 month General Plan update process. Mayor Nagel commended CDD Meeker for the cross-section of representatives but would like to see more representation from renters and the schools. Vice Mayor Keighran said she would like to have an alternate Burlingame City Council June 15, 2015 Approved Minutes Agenda Item 8a Date: 7/6/2015 for the City Commissions since the commissions should be represented at every meeting. Vice Mayor Keighran also commented that the Councilmembers were not represented and CDD Meeker said the reason for that is that the Councilmembers are the ultimate arbiters adopting the Plan. Mr. Meeker said that the Councilmembers are welcome to attend the meetings and staff would have separate meetings with the Council and provide updates. CM Goldman assured the Councilmembers that they would be fully informed with the different aspects of the process and the progress being made. Councilmember Browmigg commented that the General Plan is a vision and he implored the members to be welcome to change and not just go along with how things are now. He encouraged the committee to explore ideas to improving what already exists in the City whether it be the Bayfront or Rollins Road. Councilmember Root agreed with having alternates for the commissioners and did not object to having another renter and school representation. He also stressed the importance of a CAC member being present at every meeting. Councilmember Ortiz did not object to adding another renter. He added that many of the people that are listed to serve on the committee represent other interests and will look at what is best for the City. Vice Mayor Keighran said she thought there was adequate representation by renters on the committee. Councilmember Brownrigg requested that if there was going to be another renter on the committee, that the individual be from the community around Rollins Road. Mayor Nagel suggested as an alternative that CDD Meeker make the appointment. CDD Meeker said he was not comfortable with that since he is not sure who that person would be. Mr. Meeker said he would prefer that Council make that appointment, or give the Mayor the authority, and that it not be a staff decision. Mayor Nagel opened the item for public comment and Cynthia Wukotich, Cynthia Cornell and Ron Karp spoke. CDD Meeker requested that Council make a motion noting that Commissioner alternates be added, and that the Mayor appoint another renter to the committee. Councilmember Root made that motion; seconded by Councilmember Ortiz. The motion was approved unanimously by voice vote, 5-0. b. CONSIDERATION OF AUTHORIZING THE ACCEPTANCE AND USE OF A MOBILE AUTOMATED LICENSE PLATE READER (ALPR) FROM THE SAN MATEO COUNTY SHERIFF FOR USE IN BURLINGAME Police Chief Eric Wollman introduced Sgt. Jay Kiely who reviewed the benefits of an automated license plate reader which would be attached directly to one police patrol vehicle to be used on routine patrol or specific crime prevention details. Sgt. Kiely said the ALPR would be valuable in locating stolen vehicles, locate individuals lawfully sought by law enforcement, locate victims and witnesses of violent crimes, locate missing persons, including Amber Alerts. Sgt. Kiely introduced Mike Sena, Director, Northern California Regional Intelligence Center (NCRIC) who gave an overview of the automated license plate readers. Mr. Sena said the APLR is primarily used for instant feedback alerts and investigative use of retained information. Burlingame City Council June 15, 2015 Approved Minutes Agenda Item 8a Date: 7/6/2015 Council discussion and questions followed and the Councilmembers expressed concern over the privacy issue of people who are completely innocent, and the lack of data on the crime reduction in the areas where it is used. Mayor Nagel opened the item for public comment and there were no comments. Mayor Nagel made a motion not to approve the automated license plate readers; seconded by Vice Mayor Keighran. The motion was approved by voice vote, 4-1 with Councilmember Ortiz voting no. 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Council reported on various events and committee meetings they each attended on behalf of the City. 12. FUTURE AGENDA ITEMS There were no requests for future agenda items. 13. ACKNOWLEDGMENTS a. Commission Minutes: Library, April 21, 2015 b. Department Reports: Building, May 2015 14. ADJOURNMENT Mayor Nagel adjourned the meeting at 10:57 p.m. Respectfully submitted, Mary Ellen Kearney City Clerk 7 Burlingame City Council June 15, 2015 Approved Minutes Agenda Item 6b Meeting Date: 7/6/15 9•n a.. so W LL14FT s Shell sm Frm1osoo 1LP9<Itt P.Ifi99?551< Infrastructure Projects • The City has identified the following unfunded infrastructure projects as its top priorities Project (Ranked by Priority) Downtown Parking Garage Estimated Cost $10 to 20 million Burlingame Community Center $35 to 40 million City Hall Safety Improvements / New Building* $20 to 25 million New Bayview Park on State Lands Parcel $4 million Downtown Streetscape $25 million Total $94 to 114 million • The City has access to several tax-exempt public financing methods that typically offer lower borrowing costs than private capital 'Note: Safely impmeements to existing building estimated at S11.5 milfion; new building estimated at $20 to 25 million ' z Traditional Tax -Exempt Financing Alternatives General Obligation Bonds ("GOBs") • Secured by a pledge of ad valorem property taxes; requires a 2/3 vote. Lease Revenue Bonds / Certificates of Participation ("LRBs"PCOPs") • Secured by a pledge of lease payments in respect of an asset, that is owned by the City. • Leased to a financing authority, and then leased back by the City. • General Fund usually pledged to make lease payments, though other revenues can be identified internally as the budgetary source for the payments. • Limited capacity for further use in near term, requires unencumbered assets which can be pledged Revenue Bonds • Secured by a pledge of revenues from a specific source, such as a tax or fees (revenues from water system, storm drainage fees, etc.) Mello -Roos Community Facilities District Bonds ("CFD Bonds") • Secured by a Special Tax levied on each parcel in the District; requires 2/3 approval by voters from the District. Assessment District Bonds ("AD Bonds") • Secured by a Special Assessment Lien under which each parcel in the District pays a fixed portion of associatetl debt service; requires majority approval by property owners from the District. Public -Private Partnership ("P3") • Reliance on a private organization for a range of services, from design to construction to private financing to operations and maintenance • Private sector may perform some of these services more cost effectively or with less risk to the public sector. 3 Summary Comparison • A summary of the costs and benefits of these options is presented below in a comparative matrix. Financing Credit 20 -year Mechanism Quality Borrowing Cost* Approval Required? Complexity General Obligation Bond Strongest 3.50% Yes Medium Lease Revenue Bond / COP Strong 3.75% No Low Revenue Bonds Medium 4.00% No Low Community Facilities District Weak 4.25% Yes High Assessment District Weak 4.25% Yes High Public -Private Partnership Weakest 4.50% No High 'Estimated rate hors bormwirg wflh an average 1& of20 years. Preliminary, subject to change, a r 2 Downtown Parking Garage ($10 to 20 million) • Parking garages can generate their own revenue stream, which may be used to either repay Revenue Bonds directly or pledged to a private partner to entice them to design, build, and/or operate the garage. • In either case, the credit will be fairly weak and the borrowing cost will be high. The City has received and is evaluating several P3 proposals for development of the parking garage. Financing Mechanism Considerations General Obligation Bonds Requires a 2/3 vote. Not typicallyused for parking. Lease Revenue Bonds / COP An unencumbered asset of sufficient value must be pledged, but could substitute Community Center as collateral once it is built could substitute the garage as collateral once it is built. Could use General Fund pays debt service unless new revenues am identified. parking revenues to supportdebt service. Revenue Bonds Could pledge parking revenues to pay debt service although this is a difficult credit. City of South Lake Tahoe did this in 2013. Requires a 2/3 vote of property owners within District and multi -step Community Facilities District Requires a 213 vote and mulfi-step process to form a CFD. Assessment District Requires majority approval and multi -step process to form AD. This has been used for this purpose in other cifies. Public -Private Partnership Private partner could design, build and/or operate the facility in Requires majority approval of property owners within District and exchange for a parking revenue stream and/or some ownership multi -step process to form AD. Typically used for projects benefiting stake in the project. This is a typical use of P3. 5 ' Burlingame Community Center ($35 to 40 million) • The Burlingame Community Center is the largest project contemplated by the City. • Since the project will not produce its own revenue stream, any debt service incurred in its construction will be repaid using funds from another source available to the City. Financing Mechanism Considerations General Obligation Bonds Requires a 2/3 vote. Lease Revenue Bonds / COP An unencumbered asset of sufficient value must be pledged, but could substitute Community Center as collateral once it is built General Fund pays debt service unless new revenues am identified. Revenue Bonds Project does not generate a revenue stream, not feasible. Community Facilities District Requires a 2/3 vote of property owners within District and multi -step process to form CFD. Method of allocating special tax is very flexible. Assessment District Requires majority approval of property owners within District and multi -step process to form AD. Typically used for projects benefiting a smaller area; not practical for project of citywide benefit. Publio-Private Partnership Usually applies to projects generating a revenue stream that supports the private partner. Not probable. , 6 New City City Hall Safety Improvements / Hall ($20 to 25 million) • Since the City Hall project will not produce its own revenue stream, any debt service incurred in its construction will be repaid using funds from another source available to the City. • The City has issued a Request for Proposals from developers to construct a new City Hall facility in exchange for receiving title to the existing City Hall property and redeveloping the site for multi -family residential use. • 5 proposals were received by the June 19, 2915 deadline • Not clear whether the value monetized from the sale of the existing site will be sufficient to cover the cost of the new facility. • The feasibility of the land swap and construction of a new City Hall are being analyzed and next steps determined. Financing Mechanism Considerations General Obligation Bonds Requires a 2/3 vote. Lease Revenue Bonds / COP An unencumbered asset of sufficient value must be pledged, such Revenue Bonds Project does not generate a revenue stream. as City Hall itself. Impact on General Fund. Community Facilities District Revenue Bonds Project does not generate a revenue stream. Community Facilities District Requires a 2/3 vote and multi -step process to form CFD. Not Assessment District Requires majority approval and multi -step process to form AD. typically used for this type of pmject Assessment District Requires majority approval and multi -step process to form AD. for project of citywide benefit. Benefit finding may be difficult Public -Private Partnership Public -Private Partnership The City is pursuing a public-private partnership for construction of supports the private partner. a new City Hall. Developer proposals were due June 19, 2015. , a 4 New Bayview Park on State Lands Parcel ($4 million) • Since the Bayview Park project will not produce its own revenue stream, any debt service incurred in its construction will be repaid using funds from another source available to the City. • The City could consider using revenues generated from other land transactions to support some or all of these improvements. Financing Mechanism Considerations General Obligation Bonds Requires a 2/3 vote. Lease Revenue Bonds / COP An unencumbered asset of sufficient value must be pledged. Impact on General Fund. Revenue Bonds Project does not generate a revenue stream. Community Facilities District Requires 2/3 vote and multi -step process to form CFD. Often used for parks when beneficiaries are clear and willing to pay. Assessment District Requires majority approval and multi -step process to form AD. Typically used for projects benefiting a smaller area; not practical for project of citywide benefit. Public -Private Partnership Usually applies to projects generating a revenue stream that supports the private partner. , a 4 Downtown Streetscape ($25 million) • The Downtown Streetscape improvements are an ongoing project. • For the improvements that have already been completed, property owners paid 1/3 of the cost, with the other 2/3 coming from a combination of other City funds and grants. Financing Mechanism Considerations General Obligation Bonds 1 Requires a 2/3 vote. Lease Revenue Bonds / COP One or more unencumbered assets of sufficient value must be pledged. Impact on General Fund. Additional revenues would need to be identified to avoid negative budget impact Revenue Bonds Could continue pledging combination of City funds and grants to secure bond repayment (subject to limitations on use of proceeds) although this will not cover full cost Community Facilities District More flexible than Assessment Districts in rate setting methods, but CFD would have to be formed whereas Assessment District is already in place on Burlingame Avenue. Assessment District Assessment District was formed in FY2012 on Burlingame Avenue. Ability to annex property into District and willingness of businesses to assume assessment burden must be considered. Public -Private Partnership Usually applies to projects generating a revenue stream that supports the private partner. 9 Questions? 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C cu C �a r ��CD o y Q �� y ucl P , Ln au w �nw O �� rt 'G Ln rD �T, goo p � (D 00 'ti CD n `C �. rD D (D rD rD rD QrD om• 00 co b 'b cu rD'� o o b o� � moo• � � rt� o L, R'J r* r� o m _ � t� SZ (n x Q.prD a \1. 04 cony liJ 7� z Agenda Item 8a Date: 7/6/2015 B yU-RLINGAME Tnn u.26�00 BURLINGAME CITY COUNCIL Unapproved Minutes Regular Meeting of June 15, 2015 1. CALL TO ORDER A duly noticed regular meeting of the Burlingame City Council was held on the above date in the City Hall Council Chambers. Mayor Nagel called the meeting to order at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE TO THE FLAG The pledge of allegiance was led by Bill Meeker. 3. ROLL CALL MEMBERS PRESENT: Brownrigg, Keighran, Nagel, Ortiz, Root MEMBERS ABSENT: None 4. REPORT OUT FROM CLOSED SESSION CA Kane advised that Council met in Closed Session, direction was given, and there was no reportable action at this time. 5. Mayor Nagel reviewed the upcoming events taking place in the City. 6. PRESENTATIONS a. PRESENTATION OF NINE SPORTS AWARDS Recreation Coordinator Mike Noce and Mayor Nagel presented certificates to Burlingame Intermediate School students Katie Riviello, Gran Cosovich, Cal Lopez, Alexander Wright and congratulated them on their fine accomplishment of participating in nine seasons of after school sports for three years. b. PRESENTATION REGARDING PENINSULA SUN SHARES Sustainability Coordinator Sigalle Michael gave an update on Peninsula Sun Shares program. She said Burlingame joined the program that kicked off on April 1, 2015. Ms. Michael said it was intended to be a Burlingame City Council June 15, 2015 Unapproved Minutes Agenda Item 8a Date: 7/6/2015 three month program but was just extended to the end of July. Ms. Michael advised that there are 526 participants region -wide including 41 Burlingame residents who have signed up for a solar energy audit. 7. PUBLIC COMMENTS Burlingame residents Cynthia Cornell, Mauricia Savella, Cynthia Wukotich spoke about the high cost of rental units in Burlingame. 8. CONSENT CALENDAR Mayor Nagel asked the Councilmembers and the public if they wished to remove any items from the Consent Calendar. Mayor Nagel removed item 8c, and Councilmember Brownrigg removed item 8e. Councilmember Browmigg made a motion to adopt items 8a, 8b, 8d, 8f, and 8g of the Consent Calendar; seconded by Councilmember Ortiz. The motion was approved unanimously by voice vote, 5-0. a. APPROVE THE CITY COUNCIL MEETING MINUTES OF JUNE 1, 2015 CC Kearney requested Council approve the City Council meeting minutes of June 1, 2015. b. ADOPTION OF RESOLUTIONS AWARDING A CONSTRUCTION CONTRACT TO K. J. WOODS CONSTRUCTION. INC. FOR THE SANCHEZ BYPASS AND NEIGHBORHOOD SEWER REHABILITATION PROJECT PHASE 4, AND APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH HATCH MOTT MACDONALD FOR CONSTRUCTION MANAGEMENT SERVICES RELATED TO THE PROJECT DPW Murtuza requested Council adopt Resolution No. 58-2015 awarding construction contract and Resolution No. 59-2015 approving professional services agreement. c. ADOPTION OF A RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH TE BURLINGAME CHAMBER OF COMMERCE TO PROVIDE INFORMATION AND PROMOTION SERVICES IN FISCAL YEAR 2015-2016 Mayor Nagel asked Chamber of Commerce Director Georgette Naylor, who was in the audience, about the "Buy in Burlingame" campaign extending to the holiday season. Ms. Naylor said they would definitely be open to doing that. Mayor Nagel made a motion to adopt Resolution No. 60-2015; seconded by Vice Mayor Keighran. The motion was approved unanimously by voice vote, 5-0. Burlingame City Council June 15, 2015 Unapproved Minutes Agenda Item 8a Date: 7/6/2015 d. ADOPTION OF A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH CAINE COMPUTER CONSULTING LLC TO PROVIDE INFORMATION TECHNOLOGY SERVICES TO THE CITY'S POLICE DEPARTMENT PC Wollman requested Council adopt Resolution No. 61-2015. e. ADOPTION OF A RESOLUTION AUTHORIZING A PART-TIME SALARY AND BENEFIT PLAN Councilmember Brownrigg asked what this means to the part-time employees and HRD Loomis provided clarification. CM Goldman advised that the Federal Affordable Care Act requires that health insurance is provided to employees working 30 hours or more. Councilmember Brownrigg commented that hiring retired part-time employees may be beneficial since they would bring valuable knowledge to the City. CM Goldman said that the part-time employees issue is one that City staff will be discussing with the Council at a City Council meeting in the fall. Mayor Nagel opened the item for public comments and there were no comments. Councilmember Brownrigg made a motion to adopt Resolution No. 62-2015; seconded by Councilmember Root. The motion was approved unanimously by voice vote, 5-0. L ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE ONE-YEAR SERVICE ORDER FOR INFORMATION TECHNOLOGY SERVICES FROM THE CITY OF REDWOOD CITY FinDir Augustine requested Council adopt Resolution No. 63-2015. g. ADOPTION OF A RESOLUTION OPPOSING AB 57 AND AUTHORIZING THE MAYOR TO SIGN A LETTER IN OPPOSITION CA Kane requested Council adopt Resolution No. 64-2015. 9. PUBLIC HEARINGS a. CITY COUNCIL REVIEW OF THE PLANNING COMMISSION'S ACTIONS CERTIFYING THE FINAL ENVIRONMENTAL IMACT REPORT (FEIR) AND APPROVING APPLICATIONS FOR DESIGN REVIEW. A CONDMINIUM PERMIT, CONDITIONAL USE PERMITS, A FENCE HEIGHT EXCEPTION. A REQUEST FOR EARLY DEMOLITION AND VESTING TENTATIVE AND FINAL MAPS FOR A MULTI -FAMILY DEVELOPMENT CONSISTING OF 22 RESIDENTIAL CONDOMINIUMS AND 268 RESIDENTIAL APARTMENTS ON PROPERTY LOCATED AT 1008-1028 CAROLAN AVENUE AND 1007- 1025 ROLLINS ROAD Burlingame City Council June 15, 2015 Unapproved Minutes Agenda Item 8a Date: 7/6/2015 Mayor Nagel advised that she had called this up for discussion since it is the largest housing project to be considered in the City in quite a number of years. Mayor Nagel thanked the Planning Commission for their excellent review of all aspects of the project. CA Kane suggested that the Councilmembers disclose any ex parte contacts they have had with the developer. The Councilmembers all advised that they had met or spoken with the developer and the neighbors. CDD Meeker introduced Planning Manager Kevin Gardiner who reviewed the staff report and advised that on March 7, 2014 Summerhill Apartment Communities filed an application with the Community Development Department requesting approval of 22 residential townhome condominium units and 268 residential apartment units at the above referenced addresses. Mr. Gardiner gave a brief presentation and reviewed the size of the units and said that 29 apartment units will be for affordable to moderate income households. John Schwarz of David J. Powers & Associates spoke and gave an overview of the environmental process including the key findings of the environmental impact review. He also addressed the main issues and concerns that were raised during public comments at the March 26, 2015 Planning Commission meeting. Councilmembers expressed some concerns about traffic impacts, impacts to the schools, electric vehicle charging stations, bicycle arking, electrification of Caltrain, and possibly eliminating the Sunday construction hours..c Jt.J Elaine Breeze, Vice President of Development for Summerhill Homes addressed the Council and reviewed the proposed project design. She introduced their architect John Seidel and he provided renderings of what was proposed in November 2014 and how it has been modified as of today. Elaine Breeze said the market rate for renting one bedroom apartments would be roughly $2600 per month and a two bedroom would be more than $3000. She said the townhomes would sell for about $1 million. The Councilmembers did have questions and concerns about the project and City staff and Summerhill staff addressed their concerns. Mayor Nagel opened the public hearing and Pat Callahan, Marianne Saucedo, Cynthia Cornell, and John Kevranian spoke. Councilmember Brownrigg made a motion to endorse the environmental impact report; seconded by Vice Mayor Keighran. The motion was approved unanimously by voice vote, 5-0. Councilmember Browmigg made a motion to approve the project with the following conditions: • The 29 affordable units would be for 25 years and not ten as proposed. • Placement of eight foot story poles indicating the height of the wall so neighbors have a sense of the height with consensus by the neighbors that they approve it. • No constructio n undays or holidays. • Aluminum cla win ows on townhomes. 4 Burlingame City Council June 15, 2015 Unapproved Minutes Agenda Item 8a Date: 7/6/2015 • Establish communi Froom by working with City staff. • If there isn't a eral greeme with the neighbors about the eight foot wall, the project will return to the Planning Commission for further direction. 1j, -Y,� • A written documentation from the neighbors that they agree to this project. The motion was seconded by Vice Mayor Keighran and approved unanimously by voice vote, 5-0. The Councilmembers were pleased with the development overall and thanked the developer for their public engagement process with the neighbors. b. PUBLIC HEARING AND ADOPTION OF RESOLUTIONS (1) ADOPTING THE FY 2015-2016 OPERATING AND CAPITAL BUDGETS AND (2) AUTHORIZING THE FINANCE DIRECTOR TO ASSIGN USES OF FUND BALANCE AMOUNTS; AND APPROVING THE GANN APPROPRIATION LIMIT FinDir Augustine reviewed the staff report and requested Council adopt the FY 2015-2016 Operating and Capital Budgets and authorize the Finance Director to assign uses of fund balance amounts; and approve the Gann Appropriation Limit. The Mayor and Councilmembers thanked FinDir Augustine and her staff for all their efforts in the preparation of the budget. Mayor Nagel opened the public hearing. There were no comments from the floor, and the hearing was closed. Councilmember Brownrigg made a motion to adopt Resolution No. 65-2015 adopting the FY 2015-2016 Operating and Capital Budgets; seconded by Vice Mayor Keighran. The motion was approved unanimously by voice vote, 5-0. Councilmember Ortiz made a motion to adopt Resolution No. 66-2015 approving the Gann Appropriation Limit; seconded by Councilmember Root. The motion was approved unanimously by voice vote, 5-0. 10. STAFF REPORTS AND COMMUNICATIONS a. CITY COUNCIL ENDORSEMENT OF APPOINTMENTS TO THE CITIZENS ADVISORY COMMITTEE FOR THE GENERAL PLAN AND ZONING ORDINANCE UPDATE CDD Meeker reviewed the staff report and requested that the Council endorse the membership roster of the Citizens Advisory Committee (CAC) for the General Plan update. Mr. Meeker said the role of the Committee is to connect with the various communities and stakeholders of Burlingame for the purpose of advising City staff and the project consultants throughout the estimated 30 month General Plan update process. Mayor Nagel commended CDD Meeker for the cross-section of representatives but would like to see more representation from renters and the schools. Vice Mayor Keighran said she would like to have an alternate for the City Commissions since the commissions should be represented at every meeting. Vice Mayor Keighran also commented that the Councilmembers were not represented and CDD Meeker said the reason Burlingame City Council June 15, 2015 Unapproved Minutes Agenda Item 8a Date: 7/6/2015 for that is that the Councilmembers are the ultimate arbiters adopting the Plan. Mr. Meeker said that the Councilmembers are welcome to attend the meetings and staff would have separate meetings with the Council and provide updates. CM Goldman assured the Councilmembers that they would be fully informed with the different aspects of the process and the progress being made. Councilmember Brownrigg commented that the General Plan is a vision and he implored the members to be welcome to change and not just go along with how things are now. He encouraged the committee to explore ideas to improving what already exists in the City whether it be the Bayfront or Rollins Road. Councilmember Root agreed with having alternates for the commissioners and did not object to having another renter and school representation. He also stressed the importance of a CAC member being present at every meeting. Councilmember Ortiz did not object to adding another renter. He added that many of the people that are listed to serve on the committee represent other interests and will look at what is best for the City. Vice Mayor Keighran said she thought there was adequate representation by renters on the committee. Councilmember Brownrigg requested that if there was going to be another renter on the committee, that the individual be from the community around Rollins Road. Mayor Nagel suggested as an alternative that CDD Meeker make the appointment. CDD Meeker said he was not comfortable with that since he is not sure who that person would be. Mr. Meeker said he would prefer that Council make that appointment, or give the Mayor the authority, and that it not be a staff decision. Mayor Nagel opened the item for public comment and Cynthia Wukotich, Cynthia Cornell and Ron Karp spoke. CDD Meeker requested that Council make a motion noting that Commissioner alternates be added, and that the Mayor appoint another renter to the committee. Councilmember Root made that motion; seconded by Councilmember Ortiz. The motion was approved unanimously by voice vote, 5-0. b. CONSIDERATION OF AUTHORIZING THE ACCEPTANCE AND USE OF A MOBILE AUTOMATED LICENSE PLATE READER (ALPR) FROM THE SAN MATEO COUNTY SHERIFF FOR USE IN BURLINGAME Police Chief Eric Wollman introduced Sgt. Jay Kiely who reviewed the benefits of an automated license plate reader which would be attached directly to one police patrol vehicle to be used on routine patrol or specific crime prevention details. Sgt. Kiely said the ALPR would be valuable in locating stolen vehicles, locate individuals lawfully sought by law enforcement, locate victims and witnesses of violent crimes, locate missing persons, including Amber Alerts. Sgt. Kiely introduced Mike Sena, Director, Northern California Regional Intelligence Center (NCRIC) who gave an overview of the automated license plate readers. Mr. Sena said the APLR is primarily used for instant feedback alerts and investigative use of retained information. Burlingame City Council June 15, 2015 Unapproved Minutes Agenda Item 8a Date: 7/6/2015 Council discussion and questions followed and the Councilmembers expressed concern over the privacy issue of people who are completely innocent, and the lack of data on the crime reduction in the areas where it is used. Mayor Nagel opened the item for public comment and there were no comments. Mayor Nagel made a motion not to approve the automated license plate readers; seconded by Vice Mayor Keighran. The motion was approved by voice vote, 4-1 with Councilmember Ortiz voting no. 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Council reported on various events and committee meetings they each attended on behalf of the City. 12. FUTURE AGENDA ITEMS There were no requests for fixture agenda items. 13. a. Commission Minutes: Library, April 21, 2015 b. Department Reports: Building, May 2015 14. ADJOURNMENT Mayor Nagel adjourned the meeting at 10:57 p.m. Respectfully submitted, Mary Ellen Kearney City Clerk 7 Burlingame City Council June 15, 2015 Unapproved Minutes a�R� STAFF REPORT AGENDANO: 6b MEETING DATE: July 6, 2015 To: Honorable Mayor and City Council Date: July 6, 2015 From: Margaret Glomstad, Parks and Recreation Director — (650) 558-7307 Subject: Adoption of a Resolution Authorizing the City Manager to Execute the Agreement for Joint Use, Maintenance, Operation, and for Maintaining a Strong Collaborative Relationship Between the City of Burlingame and the Burlingame School District Staff recommends that the City Council adopt a Resolution authorizing the City Manager to execute the attached Agreement for Joint Use, Maintenance, Operation, and for Maintaining a Strong Collaborative Relationship between the City of Burlingame and the Burlingame School District. BACKGROUND The City of Burlingame and the Burlingame School District have a long partnership that has provided the Burlingame community with recreation programs, crossing guards and other services. This Agreement, originally negotiated by members of the City -School Liaison Committee, continues the current partnership until June 30, 2017, and lays out a process for future discussions or dispute resolution. Examples of the joint services covered under the Agreement include after-school recreation programs, use and scheduling of District facilities, use of City facilities by the District, City's support of crossing guards, a bi-annual survey to evaluate programs, police resources for District schools to handle crime prevention programs, and District participation in community events. The Agreement also spells out the duties of the City/District working committee, which includes two District staff, two City staff and two community members. To support the District and Burlingame community, the City has agreed to give the District half of all City and District youth sports field fees after the first $50,000 has been collected. The City maintains 12 natural turf sports fields, and the District maintains two synthetic turf sports fields. As compensation for the use of school classroom space, the City pays 10% of revenues from enrichment classes and elementary and middle school sports that are held on District sites. The City also supplies and manages the contract for crossing guards at seven locations throughout the city. In addition, the City pays the District's portion of the Storm Drain Annual Assessment Fee, as well as the cost for water usage at Burlingame Intermediate School and Franklin Elementary School. 1 City/Burlingame School District Joint Use Agreement July 6, 2015 The District, in turn, provides the Parks and Recreation Department with space at its schools to program after-school enrichment, sports and summer programming for the benefit of the community. The District also allows youth sports leagues access to two District athletic fields for games and practice. This agreement removes the requirement for the City's Parks Division to maintain the grass areas at Roosevelt and McKinley schools as this work is being handled by District staff. FISCAL IMPACT The estimated impacts for FY 2015-16 to the Parks & Recreation Department budget include: Field Fees $65,500 Youth Sports/Class on District Sites $46,200 Use of City Picnic Areas $ 1,315 The estimated impact for FY 2015-16 to the Police Department budget includes: Crossing Guards $74,448 The estimated impacts for FY 2015-16 to the City General Fund budget include: Storm Drain Fee $43,085 Water $46,101 Total $276,649 Exhibits: 1. Resolution 2. Agreement for Joint Use, Maintenance, Operation, and for Maintaining a Strong Collaborative Relationship between the City of Burlingame and the Burlingame School District 2 MM1]Sly1IIIN■►CIa RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING THE AGREEMENT FOR JOINT USE, MAINTENANCE, OPERATION, AND FOR MAINTAINING A STRONG COLLABERATIVE RELATIONSHIP BETWEEN THE CITY OF BURLINGAME AND THE BURLINGAME SCHOOL DISTRICT WHEREAS, the Parties exist to serve compatible community needs of the same residents; and WHEREAS, the citizens of Burlingame elect representatives to the two different governmental entities to serve as policy makers for their respective responsibilities of education and city services; and WHEREAS, the Parties agree that Burlingame's residents expect that governmental agencies will maintain cooperative and supportive relationships that will serve as a basis for collaboration to better serve the community; and WHEREAS, the Parties have worked together well in the past, and continue to desire to work together in the future to provide facilities and support for appropriate recreation and after-school programs, crossing guards and other services for the benefit of Burlingame's citizens; and WHEREAS, the provisions of California Education Code sections 10900 through 10914.5, inclusive, (the "Community Recreation Act") support joint action by City and District to organize, promote and conduct programs in order to improve the health and general welfare of the citizens of the City of Burlingame, and to cultivate the development of good citizenship by provision for adequate programs of community recreation; and WHEREAS, the City Council has realized the financial support to the District by allocating funds annually in the City budget to support the District. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: The City Council finds that all of the facts recited above and stated in the staff report are true and correct. 2. The City Council hereby approves and authorizes the City Manager to execute the Agreement for Joint Use, Maintenance, Operation, and for Maintaining a Strong Collaborative Relationship Between the City of Burlingame and the Burlingame School District. Terry Nagel, Mayor I, Mary Ellen Kearney, City Clerk of the City of Burlingame, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the Burlingame City Council held on the 6th day of July, 2015, and was adopted thereafter by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: Mary Ellen Kearney, City Clerk Agreement for Joint Use, Maintenance, Operation, and for Maintaining a Strong Collaborative Relationship Between The City of Burlingame and The Burlingame School District This Agreement is entered into as of July 1, 2015 (the "Effective Date") by and between the City of Burlingame (the "City') and the Burlingame School District (the "District") (Together, "Parties"). Recitals A. Whereas, the Parties exist to serve compatible community needs of the same residents; and B. Whereas, the citizens of Burlingame elect representatives to the two different governmental entities to serve as policy makers for their respective responsibilities of education and city services; and C. Whereas, the Parties agree that Burlingame's residents expect that governmental agencies will maintain cooperative and supportive relationships that will serve as a basis for collaboration to better serve the community; and D. Whereas, the Parties have worked together well in the past, and continue to desire to work together in the future to provide facilities and support for appropriate recreation and after-school programs, crossing guards and other services for the benefit of Burlingame's citizens; and E. Whereas, the community's needs are best served through cooperation among elected and appointed public officials; and F. Whereas, the provisions of California Education Code sections 10900 through 10914.5, inclusive, (the "Community Recreation Act") support joint action by the City and the District to organize, promote and conduct programs in order to improve the health and general welfare of the citizens of the City of Burlingame, and to cultivate the development of good citizenship by provision of adequate programs of community recreation; and G. Whereas, the City acknowledges that between 2009 and 2011 the District expended over $2.5 million to improve the District facilities that are subject to this Agreement, including installing synthetic fields; and H. Whereas, both Parties understand and acknowledge the financial challenges and realities of presenting and running a quality sustainable athletic and enrichment program for the community and the need for each agency to maximize its potential revenue stream in order to meet the core of their respective missions; and I. Whereas, the elected and appointed officials for each entity are called upon to use their in-depth knowledge to prioritize the allocation of financial resources to respond to competing community demands for their respective responsibilities of education and city services. NOW, THEREFORE, THE PARTIES AGREE TO THE FOLLOWING: 1. Description of Joint Services. Set forth as Exhibit A to this Agreement is a description of some of the resources invested by each party, and the operating guidelines currently followed by the Parties, to provide recreation and after-school programs, crossing guards and other services requiring cooperation between the Parties for the benefit of the citizens of Burlingame (the "Joint Services"). This description is not meant to be exhaustive of all the areas in which the Parties currently work together for the benefit of Burlingame's citizens. The Parties agree that as of the date of this Agreement, the contributions made by each party to the Joint Services are appropriate. 2. Changes in Contributions to Joint Services. The Parties acknowledge that circumstances can change and that either the City or the District may request a revision in the resources contributed to the Joint Services or the operating guidelines concerning such Joint Services. Should that be the case, both parties agree to work through the City -District Liaison Committee (the "Liaison Committee") to discuss the proposed revision. The Liaison Committee shall meet at least once annually, at a time and place agreed to by the Parties. 3. Rules of Conduct. In order to achieve and maintain the desired collaborative relationship between the Parties, the Parties agree that the elected and appointed officials for each entity will act according to the following guidelines: a) The parties will use the Liaison Committee as the forum to communicate and gain information to better understand any issues that may arise between the Parties pertaining to the Joint Services. b) Each party will provide timely notice to the other when circumstances may require a change in the delivery of the Joint Services. If circumstances so require, the Parties agree to convene an emergency meeting of the Liaison Committee to discuss the proposed change. c) In the event that an issue pertaining to the Joint Services cannot be resolved to the satisfaction of the City and the District after they have used their best efforts to address the matter through the Liaison Committee, the City and the District will promptly convene a joint meeting of all available members of their respective governing boards to discuss the issue further (the "Joint Meeting"). The Parties agree to use their best efforts to keep their discussion of the issue in dispute to the following circumstances: WA (i) By an official who serves on the Liaison Committee, while he or she provides a factual update about the issue during a public meeting of his or her governing board; (ii) At the Joint Meeting; (iii) At a public meeting of his or her governing board that takes place subsequent to the Joint Meeting; and (iv) At any time following a determination by a majority vote of that official's governing board that it is appropriate to comment publicly about the issue. d) Unless required by statutory requirements, regulatory requirements, or other applicable authority with jurisdiction related to the party's actions, no action will be taken by either party pertaining to the Joint Services until the parties have used their best efforts to address the matter through the Liaison Committee and the Joint Meeting. e) The elected and appointed officials of each party will take positive steps to encourage adherence to this Agreement. For example, should an official observe behavior by one of his or her colleagues that is not in accord with this Agreement (e.g., discussing a matter publicly except as permitted above), the official will ask his or her colleague to refrain from such behavior. 4. Term. This Agreement shall commence as of the Effective Date and shall continue until June 30, 2017 unless the Agreement is otherwise terminated. In the event either party does not want to renew this Agreement, the parties agree to discuss the matter at a Liaison Committee within thirty (30) days following the notice of termination as indicated herein. 5. Termination. The City or the District may terminate this Agreement at any time by written notice of election to terminate delivered to the other party at least ninety (90) days in advance of the effective termination date elected. 6. Operative Provisions. The Parties agree that the following provisions are applicable to this Agreement and to the terms indicated in Exhibit A, which is incorporated herein by this reference. a) Responsibility for Supervision. The City shall be responsible for supervision and control at all times when the District's facilities are used by the City. The District shall be responsible for supervision and control at all times when the City's facilities are used by the District. b) Fingerprinting and Criminal Background Verification. If the City uses any portion of the District's facilities during school hours, the City shall be responsible for ensuring compliance with all applicable fingerprinting and criminal background investigation requirements for its employees described in Education Code section 45125.1, which may be met under the fingerprinting provisions of Title 22 of the -3 California Code of Regulations and applicable provisions of the California Health and Safety Code relevant to community care facility licensing (Health & Safety Code, § 1500 et seq.). c) Hold Harmless/Indemnification (i) City Indemnification Obligations. To the fullest extent permitted by California law, City shall defend, indemnify, and hold harmless District, its agents, representatives, officers, consultants, employees, trustees, and volunteers (the "District Parties") from any and all losses, liabilities, claims, suits, and actions of any kind, nature, and description, including, but not limited to, attorneys' fees and costs directly or indirectly arising out of, connected with, or resulting from the performance of this Agreement or from any activity, work, or thing done, permitted, or suffered by City in conjunction with the performance of this Agreement or on the School Site, to the extent caused by the negligence or willful misconduct of the City, its agents, representatives, officers, consultants, employees, trustees, and volunteers (the "City Parties"); and in case any action or proceeding be brought against District, City shall defend the same at City's expense, including counsel acceptable to District. (ii) District's Indemnification Obligations. To the fullest extent permitted by California law, District shall defend, indemnify, and hold harmless the City Parties from any and all losses, liabilities, claims, suits, and actions of any kind, nature, and description, including, but not limited to, attorneys' fees and costs, directly or indirectly arising out of, connected with, or resulting from the performance of this Agreement or from any activity, work, or thing done, permitted, or suffered by District in conjunction with the performance of this Agreement or on the School Site, to the extent caused by the negligence or willful misconduct of the District Parties, and in case any action or proceeding be brought against City, District shall defend the same at District's expense, including counsel acceptable to City. d) Liability Insurance. City and District shall, during the term of this Agreement, each maintain in force, a combined, single -limit liability insurance policy in the amount of not less than two million dollars ($2,000,000) with the other party, its employees and agents, named as additional insured under those policies. All policies shall provide for a thirty (30) day written notice of any cancellation or reduction of that insurance. A party may satisfy this obligation by providing to the other party, evidence of self-insurance and of participation in a liability "pool" for excess liability coverage. In addition, the self-insured party shall provide the other party an "additional insured" endorsement naming the other party as an additional covered party. -4 e) Entire Agreement of Parties. This Agreement constitutes the entire agreement for the joint use of the District's facilities between the Parties and supersedes all prior discussions, negotiations and agreements, whether oral or written. This Agreement may be amended or modified only by a written instrument executed by both Parties. IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date set forth above. CITY OF BURLINGAME BURLINGAME ELEMENTARY SCHOOL DISTRICT By: _ Name: Title: Date: V By: _ Name: Title: Date: Exhibit A Description of Joint Services A. Recreation Proqrams and Fields 1. Use and Scheduling of BIS and Franklin Fields a. The City shall be responsible for scheduling the use of the athletic fields at Burlingame Intermediate School ("BIS") and Franklin Elementary School (collectively, the "Fields") by the District, City, nonprofit organizations and other potential users during all non - school hours, such as after school, on weekends and during vacation periods. "Non- school hours" does not include any time when the District uses the Fields for either District activities or District - sponsored after-school or extra -curricular activities ("District Use"). The District shall notify the City field scheduling representative in a timely manner as to the District's intended field use. b. All Fields use shall be pursuant to and compliant with the Civic Center Act (Education Code section 38130 et seq.) Use of the District's facilities, including, without limitation, access times, cost, and insurance coverage shall be in accordance with the Civic Center Act and policies and procedures of the District governing public use of District facilities. c. The City will use its best efforts to achieve a fair and equitable allocation of field time among all user groups with regards to the use of the District's fields (Osberg and Franklin). d. For all use except for District Use, the City is also responsible for charging the applicable fees for use of the Fields, as shown on the City's and District's facilities rate schedules, which may be reviewed and updated at any time by the District and City following a Liaison Committee discussion. The Parties agree to review and update the facilities rate schedules at least once per year. e. Validated Youth User Organizations Field Fees. All fees collected by the City for all non -District use by Validated Youth User Organizations shall be split evenly between the City and the District after the first $50,000, which is retained entirely by the City. The City shall pay to the District once a year, at the end of May, the District's percentage of the fees collected for the previous year. Note: validated nonprofit youth user organizations get priority use of the fields. N f. Field Rental Fees. All fees collected for field rentals of Osberg and Franklin by all other groups (except Non -Profit Validated Youth User Organizations as stated in e.) will be charged at a fee set by the District. The District will provide the City with its fee schedule. The City shall pay to the District the fees collected for the previous year once a year, at the end of June, minus a 10% handling fee. 2. City's Field Maintenance Responsibility a. The City will provide trash pick-up at BIS/Osberg and Franklin fields on a weekly basis. 3. Use of Other Facilities a. The District shall be responsible for scheduling the use of gymnasiums, multipurpose rooms, libraries, and other common areas or vacant classrooms by the District, City, nonprofit organizations and other potential users. The School District will give the City first priority for use of classrooms and gymnasiums when they are not being used for School District sponsored/staffed activities. The City will submit their school year requests by June 1 and their summer requests by February 1 of each year. The District will confirm the schedule request for the school year by July 1 and the summer request by March 1. b. The City shall be responsible for scheduling the use of City facilities, by the District, City, nonprofit organizations and other potential users. The City will give the District first priority for use of City facilities when they are not being used for City sponsored activities. c. The parties will not charge each other any additional fees for use of facilities provided for under this Agreement, or for maintenance personnel associated with such use, unless such use results in required overtime costs. d. The District will not unreasonably withhold use of any of its gymnasiums, multipurpose rooms, libraries, and other common areas or vacant classrooms from the City. e. Facility Use Fees. In addition to the percentage of the Validated Youth Field User Organization fees that the City shall pay once a year to the District, the City shall pay District ten percent (10%) of the activity fees for each participant enrolled in a City program conducted at any of the District's facilities. Such payment will be made once a year in June. 4. Expansion of Partnership The School District will make available additional gym space and classroom space to accommodate City programs as reasonable. Space will be made available at all school sites — BIS, Franklin, Lincoln, McKinley, Roosevelt and Washington. The reason for the increased need for space is two -fold: a. Desire to continue to grow and increase City programs throughout the city in locations close and convenient to all residents b. Replacing space previously utilized at Burlingame High School that has become cost prohibitive In consideration for the District's provision of additional space for community use and in recognition of the long standing relationship between the City and District, the City agrees to provide additional payment to the District equal to the amount of the annual storm drainage fee paid by the District to the City; however in lieu of such payment or portion thereof, and by mutual agreement, the parties may opt to provide consideration of equal value. 5. City and District Liaisons a. City agrees to appoint its Parks and Recreation Director as a liaison to the District. City staff, in collaboration with the District Chief Business Officer, will provide a written report and present the report at a City/District liaison meeting after the conclusion of the school year summarizing the recreation programs held at the District's facilities, and the City's maintenance of all District fields, during the preceding school year. Such information may also be presented at a City Council meeting and at a School District Board of Trustees meeting. b. The District agrees to appoint one District Administrator as a liaison to the City. Such person, together with such other District staff as the District shall deem appropriate, shall be responsible for communication with the City staff on matters contained in this document. c. The City and District agree to establish a working committee consisting of two (2) District representatives, two (2) City representatives, and two (2) community members to discuss the enrichment and athletic programs being offered at District school sites. Members of the City/District Committee will be mutually agreed upon by both parties. A survey will be sent out at least once every two years to evaluate the program and the committee will 1E review and report on the results at a City/District liaison meeting no later than June 30th of the year in which the survey is taken. B. Police Safety Services The City will fully fund seven crossing guards at agreed-upon intersections in proximity to BSD school sites and will fund 50% of the cost of crossing guards at two additional intersections for the safety of students and other pedestrians during arrival/departure hours. If the District requests additional crossing guards beyond the nine described above, the cost will be shared 50/50 between the City and the District. Such requests must be approved by the Council, but approval will not be unreasonably withheld or without the opportunity to discuss the matter between the parties. A District representative will confirm the requested locations of the crossing guards in for the coming school year. The City, through its Police Department, shall retain control over administration of any contract for crossing guard services. In addition, the City shall at its expense and through its Police Department, provide police resources for District schools to handle crime prevention programs and police incidents involving students. C. Community Events The District shall continue to support significant community events, such as the Holiday Tree Lighting, where the District provides staging and other equipment for student musical presentations for this long-standing holiday event. In addition the District shall continue to distribute information through flyers and student newsletters for City -offered recreation programs and other City -offered community events, such as the shoreline and downtown volunteer clean-up events. IP STAFF REPORT AGENDA NO: 8C a MEETING DATE: July 6, 2015 To: Honorable Mayor and City Council Date: July 6, 2015 From: Syed Murtuza, Director of Public Works — (650) 558-7230 Subject: Adoption of a Resolution Awarding a Construction Contract to Interstate Grading and Paving, Inc., for the 2015 Street Resurfacing Program, City Project No. 84160, and Authorizing the City Manager to Execute the Construction Contract Staff recommends that the City Council adopt the attached resolution awarding a construction contract to Interstate Grading and Paving, Inc., for the 2015 Street Resurfacing Program in the amount of $1,195,130.90 and authorizing the City Manager to execute the Construction Contract. BACKGROUND The 2015 Street Resurfacing Program involves resurfacing 12 arterial, collector and residential streets, as well as three public parking lots. The project consists of performing asphalt base - failure repairs (digouts), asphalt overlay, and micro -surfacing for the following streets and parking lots: • 1400 block of Chapin Avenue • 2100 block of Clarice Lane • First block through 100 block of Loma Vista Drive • 400 block of Marin Drive • 1300 block of Marsten Road • 2200 through 2600 block of Martinez Drive • 1100 through 1400 block of Sanchez Avenue • 1300 block of Skyview Drive • 200 block of Vernon Way • Arguello Drive from Sebastian to Trousdale (digouts only) • Carolan Avenue from Broadway to Oak Grove (digouts only) • Bayshore Highway from Burlway to 101 off ramp (digouts only) • Parking Lots C, K & N The project bids were opened on June 16, 2015. Four bid proposals were received, with base bids ranging from $1,195,130.90 to $1,364,548.80. Interstate Grading and Paving, Inc. is the 1 /! \||||!|;!!!!!||299 §! � ..................... §� ..................... ; ..................... ]° ..................... � ..� .................. §\; ,§ _ ..................... !. E!!!■!�l-- § - ---- !) ..................... : §r§§§t§§§]tt&§t:K§§ §di ,,.,,!!..[ { | � /e.2 / : !{} � !)((!|z i) )t {® /|! f// [[ (; §r lr=,§!!!�R _, Fz F- w 7-3 z � x`Y co F� g hah z N Q6a ElQuaa0 4 - ry /n e VVII�.J/ `n y It Z CO U LL lop 9 b W F s W LL LL �sM � HgyO A� Sr jh ej° .. 'ni� L a U W R m a% l ;w 3 Hv M N' o !A �6Ob MML b°. LO MX d � N ryy de � e k� U v � r ado i �y wP o- AGREEMENT FOR PUBLIC IMPROVEMENT 2015 STREET RESURFACING PROGRAM CITY PROJECT NO. 84160 THIS AGREEMENT, made in duplicate and entered into in the City of Burlingame, County of San Mateo, State of California on 2015, by and between the CITY OF BURLINGAME, a Municipal Corporation, hereinafter called "City", and INTERSTATE GRADING AND PAVING, INC., hereinafter called "Contractor," WITNESSETH: WHEREAS, City has taken appropriate proceedings to authorize construction of the public work and improvements herein provided for and to authorize execution of this Contract; and WHEREAS, pursuant to State law and City requirements, a notice was duly published for bids for the contract for the improvement hereinafter described; and WHEREAS, on July 6, 2015, after notice duly given, the City Council of Burlingame awarded the contract for the construction of the improvements hereinafter described to Contractor, which the Council found to be the lowest responsive, responsible bidder for these improvements; and WHEREAS, City and Contractor desire to enter into this Agreement for the construction of said improvements, NOW, THEREFORE, IT IS AGREED by the parties hereto as follows: 1. Scope of work. Contractor shall perform the work described in those Contract Documents entitled: 2015 STREET RESURFACING PROGRAM , CITY PROJECT NO. 84160. 2. The Contract Documents. The complete contract between City and Contractor consists of the following documents: this Agreement; Notice Inviting Sealed Bids, attached hereto as Exhibit B; the accepted Bid Proposal, attached hereto as Exhibit C; the provisions contained in the contract book titled "2015 Street Resurfacing Program, City Project No. 84160" attached as Exhibit A; the complete General Provisions and Special Provisions set forth in the AGREEMENT -1 State of California Standard Specifications for Construction of Local Streets and Roads, July 2006 edition, as promulgated by the California Department of Transportation; prevailing wage rates of the State of California applicable to this project by State law; and all bonds; which are collectively hereinafter referred to as the Contract Documents. All rights and obligations of City and Contractor are fully set forth and described in the Contract Documents, which are hereby incorporated as if fully set forth herein. All of the above described documents are intended to cooperate so that any work called for in one, and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. 3. Contract Price. The City shall pay, and the Contractor shall accept, in full, payment of the work above agreed to be done, the sum of one million, one hundred ninety-five thousand, one hundred thirty dollars and ninety cents ($1,195,130.90), called the "Contract Price". This price is determined by the lump sum and unit prices contained in Contractor's Bid. In the event authorized work is performed or materials furnished in addition to those set forth in Contractor's Bid and the Specifications, such work and materials will be paid for at the unit prices therein contained. Said amount shall be paid in progress payments as provided in the Contract Documents. 4. Termination At any time and with or without cause, the City may suspend the work or any portion of the work for a period of not more than 90 consecutive calendar days by notice in writing to Contractor that will fix the date on which work will be resumed. Contractor will be granted an adjustment to the Contract Price or an extension of the Time for Completion, or both, directly attributable to any such suspension if Contractor makes a claim therefor was provided in the Contract Documents. The occurrence of any one or more of the following events will justify termination of the contract by the City for cause: (1) Contractor's persistent failure to perform the work in accordance with the Contract Documents; (2) Contractor's disregard of Laws or Regulations of any public body having jurisdiction; (3) Contractor's disregard of the authority of the Engineer; or (4) Contractor's violation in any substantial way of any provision of the Contract Documents. In the case of any one or more of these events, the City, after giving Contractor and Contractor's sureties seven calendar days written AGREEMENT -2 notice of the intent to terminate Contractor's services, may initiate termination procedures under the provisions of the Performance Bond. Such termination will not affect any rights or remedies of City against Contractor then existing or that accrue thereafter. Any retention or payment of moneys due Contractor will not release Contractor from liability. Contractor's services will not be terminated if Contractor begins, within seven calendar days of receipt of such notice of intent to terminate, to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 calendar days of such notice. Upon seven calendar days written notice to Contractor, City may, without cause and without prejudice to any other right or remedy of City, terminate the Contract for City's convenience. In such case, Contractor will be paid for (1) work satisfactorily completed prior the effective date of such termination, (2) furnishing of labor, equipment, and materials in accordance with the Contract Documents in connection with uncompleted work, (3) reasonable expenses directly attributable to termination, and (4) fair and reasonable compensation for associated overhead and profit. No payment will be made on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 5. Provisions Cumulative. The provisions of this Agreement are cumulative and in addition to and not in limitation of any other rights or remedies available to the City. 6. Notices. All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid. Notices required to be given to the City shall be addressed as follows: Andrew Wong, Traffic Engineer CITY OF BURLINGAME 501 Primrose Road Burlingame, California 94010 AGREEMENT -3 Notices required to be given to Contractor shall be addressed as follows: H. Michael Pariani, President INTERSTATE GRADING AND PAVING, INC. 125 So. Maple Avenue South San Francisco, CA 7. Interpretation As used herein, any gender includes the other gender and the singular includes the plural and vice versa. 8. Waiver or Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the City and the Contractor. One or more waivers of any term, condition, or other provision of this Agreement by either party shall not be construed as a waiver of a subsequent breach of the same or any other provision. 9. Controlling Law. This Agreement is to be governed by and interpreted in accordance with the laws of the State of California. 10. Successors and Assignees. This Agreement is to be binding on the heirs, successors, and assigns of the parties hereto but may not be assigned by either party without first obtaining the written consent of the other party. 11. Severability. If any term or provision of this Agreement is deemed invalid, void, or unenforceable by any court of lawful jurisdiction, the remaining terms and provisions of the Agreement shall not be affected thereby and shall remain in full force and effect. AGREEMENT -4 IN WITNESS WHEREOF, two identical counterparts of this Agreement, consisting of five pages, including this page, each of which counterparts shall for all purposes be deemed an original of this Agreement, have been duly executed by the parties hereinabove named on the day and year first hereinabove written. CITY OF BURLINGAME, a Municipal Corporation Lisa K. Goldman, City Manager Approved as to form: Kathleen Kane, City Attorney ATTEST: Mary Ellen Kearney, City Clerk "CONTRACTOR" Print Name: Interstate Grading and Paving, Inc. AGREEMENT -5 aBARE STAFF REPORT AGENDANO: 8d MEETING DATE: July 6, 2015 To: Honorable Mayor and City Council Date: July 6, 2015 From: Syed Murtuza, Director of Public Works — (650) 558-7230 Subject: Adoption of a Resolution Rejecting a Bid Received for the Terrace Creek Capacity Improvements Project, City Project No. 84300 RECOMMENDATION Staff recommends that the City Council adopt the attached resolution rejecting a bid received for the Terrace Creek Capacity Improvements Project and authorize staff to rebid the project after modifying the contract documents. BACKGROUND The Terrace Creek Capacity Improvements Project is the second and final phase of the Laguna Drainage Improvement Project and involves increasing the capacity of Terrace Creek adjacent to California Drive between Majilla Avenue and Sanchez Creek. This work, along with the installation of the box culvert along Carolan Avenue, will reduce flooding in the Laguna neighborhood during a 30 -year storm event. The project was identified as part of the Rollins Road and Laguna Storm Drainage Area Study to address flooding in low lying areas in the Sanchez Creek watershed area. The study evaluated several potential improvements, including a local pump station, but it was determined that adding conveyance capacity to the existing drainage system would be sufficient to provide 30 -year flood protection to the neighborhood. The proposed creek capacity improvements and the completed box culvert will provide additional drainage capacity to the existing system, thereby reducing flooding during the 30 -year event in a cost-effective manner with minimal long-term maintenance commitments. The project was advertised for bids on May 21, 2015. Only one bid was received and opened on June 16, 2015. Fanfa, Inc. is the apparent low bidder with its bid amount of $399,896, which is 118% above the engineer's estimate of $183,000. Based on staff review, the unit bid prices for channel grading, soil disposal, storm drain bypass and traffic control were higher than anticipated. Staff will revise the contract documents and perform value engineering to reduce construction costs before re -advertising the project for bids. Additional site investigations will be performed to clarify requirements for channel grading and soil classification disposal. 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME REJECTING A BID RECEIVED FOR THE TERRACE CREEK CAPACITY IMPROVEMENTS PROJECT CITY PROJECT NO. 84300 WHEREAS, on May 21, 2015, the City issued a notice inviting bid proposals for the Terrace Creek Capacity Improvements, CITY PROJECT NO. 84300; and WHEREAS, on June 16, 2015, the City received one bid from Fanfa, Inc., with a bid amount of $399,896, which is 118% above the engineer's estimate of $183,000; and WHEREAS, after review of the bid results, staff determined that the unit bid prices were higher than anticipated for channel grading, soil disposal, storm drain bypass and traffic control; and WHEREAS, staff has determined that the contract documents need to be revised and value engineering needs to be performed to reduce construction costs. NOW, THEREFORE, BE IT RESOLVED, and it is hereby ORDERED, that all bids received are hereby rejected; all bonds and security received in connection with the bids received shall be returned to the bidders; the Director of Public Works is hereby authorized to modify the plans and specifications for the work and to rebid the project in accordance therewith. Mayor I, MARY ELLEN KEARNEY, 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 6th day of July, 2015, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: City Clerk City Of Burlingame Terrace Creek Capacity Improvements Projects City Project No. 64300 Bid Summary Date: June 16, 2015 Item Description Unit Quantit Engineers Anticipated Cost Unit Price Total Fan a, Inc. San Lorenzo Unit Price Total 1 Grading/Cleaning Channel CY 650 $ 80.00 $52,000.00 $ 140.00 $91,000.00 2 Material Transportation and Disposal at Class II Landfill Ton 1170 $ 55.00 $64,350.00 $ 129.00 $150,930.00 3 Rip Rap Slope Protection LS 1 $ 22,650.00 $22,650.00 $13,000.00 $13,000.00 4 Storm Drain Bypassing LS 1 $ 20,000.00 $20,000.00 $ 62,000.00 $62,000.00 5 San Francisco Bay and Stormwater Water Pollution Prevention LS 1 $ 5,000.00 $5,000.00 IS 7,950.00 $7,950.00 6 Potholing EA 4 $ 500.00 $2,000.00 $ 1,310.00 $5,240.00 7 Traffic Control LS 1 $ 5,000.00 $5,000.00 $ 40,000.00 $40,000.00 8 Tree Planting EA 12 $ 500.00 $6,000.00 $ 1,326.00 $15,912.00 9 Tree Maintenance (1 Year) LS 1 $ 5,000.00 $5,000.00 $ 9,350.00 $9,350.00 10 Construction Signage EA 1 $ 1,000.00 $1,000.00 $ 4,514.00 $4,514.00 Total: $ 183,000 $ 399,896 Terrace Creek Capacity Improvements, City Project No. 84300 PROJECT SITE MAP NO SCALE BURL STAFF REPORT AGENDA NO: He MEETING DATE: July 6, 2015 To: Honorable Mayor and City Council Date: July 6, 2015 From: Syed Murtuza, Director of Public Works — (650) 558-7230 Subject: Adoption of a Resolution Approving the Final Condominium Map (PM 06-01), Subdivision of a Portion of Lot 7, Map of Mills Estate No. 3 Subdivision at 1800 Trousdale Drive Staff recommends that the City Council adopt the attached Resolution approving the Final Condominium Map (PM 06-01) for subdivision of 0.503 acre portion of Lot 7, Map of Mills Estate No. 3 Subdivision, subject to the following conditions: 1. All frontage sidewalk, driveway, curb and gutter within in the public right-of-way shall be replaced with new improvements. 2. The final condominium map shall comply with all the conditions of approval associated with the condominium permit. 3. The conditions, covenants and restrictions for the condominium map shall be in a form acceptable to the City Attorney and shall conform to all approved conditions and City codes. BACKGROUND On March 27, 2007, the Planning Commission reviewed and approved the condominium map and recommended Council approval with the conditions listed above. In order to provide relief to the State's recovering housing and construction industries, the State has passed several statutes to allow extensions for completing the filing of the final subdivision maps. Based on those legislative actions, the final date for filing the map is extended to April 16, 2016. The project is now substantially complete. Staff has reviewed the map and recommends approval of the final condominium map subject to the above conditions. Exhibits: • Resolution • Final Condominium Map • March 26, 2007 Planning Commission Minutes • Conditions of Approval for Condominium Permit 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING THE FINAL CONDOMINIUM MAP (PM 06-01), SUBDIVISION OF A PORTION OF LOT 7, MAP OF MILLS ESTATE NO. 3 SUBDIVISION AT 1800 TROUSDALE DRIVE The City Council of the City of Burlingame does resolve as follows: WHEREAS, on March 27, 2007, the condominium map was approved by the Planning Commission; and WHEREAS, construction of the condominiums is substantially complete and ready for final approval. NOW, THEREFORE BE IT RESOLVED, DETERMINED AND ORDERED BY THE COUNCIL, AS FOLLOWS: 1. Council hereby approves the final condominium map (PM 06-01), subdivision of a portion of Lot 7, Map of Mills Estate No. 3 Subdivision at 1800 Trousdale Drive, subject to and conditional upon staff's verification that all conditions of approval are met. Staff is directed to arrange for the recording of the final condominium map upon such verification. Mayor I, MARY ELLEN KEARNEY, 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 6`" day of July, 2015, and was adopted thereafter by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: Mary Ellen Kearney, City Clerk F OWNER'S STATEMENT WE HEREBY STATE THAT WE ARE THE OWNERS OF OINDER MY DIRECTION AND IS BASED UPON A INTEREST IN AND TO THE REAL PROPERTY INCLUDEDTHE REQUIREMENTS OF THE SUBDIVISION MAP UPON THE HEREIN MAP; THAT WE ARE THE ONLY FECUEST OF BEJHAN RAZI ON APRIL 19, NECESSARY TO PASS A CLEAR TITLE TO SAID REAL MONUMENTS SHOWN HEREON ARE OF THE TO THE PREPARATION AND RECORDATION OF SAID MRS INDICATED, OR WILL BE SET IN SUCH I, 2016, AND ARE OR WILL BE SUFFICIENT TO AS OWNERS: '; AND THAT THIS FINAL MAP SUBSTANTIALLY 'ROVED TENTATIVE MAP. MILLS TROUSDALE, LLC, A CALIFORNIA LIMITED UABIL %NIEL G. MACLEOD, L.S. IT .F OF THE CITY OF BURLINGAME AND I AM 1RECT. -RICK T. SEHER, L.S. 6216 IG CITY SURVEYOR, CITY OF BURLINGAME A NOTARY PUBLIC OR OTHER OFFICER COMPLETING TH IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUME ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OWNER'S ACKNOWLEDGEMENT L STATE OF CALIFORNIA COUNTY OF ON -D THIS MAP; THAT THE SUBDIVISION AS %S IT APPEARED ON THE TENTATIVE MAP, AND THAT ALL PROVISIONS OF THE CALIFORNIA )INANCES APPLICABLE AT THE TIME OF THE VE BEEN COMPLIED WITH. APPROVAL WAS BEFORE ME, FISSION ON A NOTARY PUBLIC, PERSONALLY APPEARED R.C.E. #42634 WHO PROVED TO ME ON THE BASIS OF SATISFACTORY' TOR OF PUBLIC WORKS WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN IN TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HI' CAPACITY(IES), AND BY HIS/HER/THEIR SIGNATURE(S) OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(! I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LP THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRII J TROUSDALE WITNESS MY HAND: JOB 0 74555-05 SHEET 1 OF 2 A 25 -UNIT CONDOMINIUM PROJECT SIGNATURE LANDS OF MILLS TROUSDALE, LLC, A CALIFORNIA \S DESCRIBED IN DOC. NO, 2013-136459; BEING A NAME (TYPED OR PRINTED), NOTARY PUBLIC IN AND FOWN ON THE MAP ENTITLED "MILLS ESTATE NO. 3" SAID COUNTY AND STATE. K 39 OF MAPS AT PAGES 13, 14 AND 15, IN THE SAN MATEO COUNTY. STATE OF CALIFORNIA. PRINCIPAL COUNTY OF BUSINESS: SAN MATEO COUNTY COMMISSION EXPIRES: ---------CALIFORNIA APRIL 2(M COMMISSION # OF NOTARY: L%Ho ASISOOOG TE's NEERING • LAND SURVEYING AN CARLOS CA 94070 (650) 593-8580 JOB 0 74555-05 SHEET 1 OF 2 nl n v - - LANDS m m 54 W 30.00' I Z ' f O no a n io J I >3z a, 19 a �\ o v ro Z Qv Z W LANDS I O zl n R=20.00' 42' 42' m D=88'38'15' L=30.23' R=20.00' JB' I JO' D=91'41'22' - (0=88'1838')(1) L=32.01' a (L=30.83')(1) =eo0.0' v D=8'28'0 - L= 1'3 2291' a )TROUSDALE A 25—UNIT CONDOMINIUM PROJECT LANDS OF MILLS TROUSDALE, LLC, A CALIFORNIA 4S DESCRIBED IN DOC. NO. 2013-136459; BEING A OWN ON THE MAP ENTITLED "MILLS ESTATE NO. 3" iK 39 OF MAPS AT PAGES 13, 14 AND 15, IN THE SAN MATEO COUNTY, STATE OF CALIFORNIA. SAN MATEO COUNTY CALIFORNIA APRIL 2015 GRAPHIC SCALE 40 O 20 40 80 AND ( lN^OVONT�^ IN FEETINEERING • LAND SURVEYING 1 INCH = 40 FT. AN CARLOS CA 94070 (650) 593-8580 JOB ► 2455-05 SHEET 2 OF 2 City of Burlingame Planning Commission Unapproved Minutes March 26, 2007 installed on the portions of the roof not visible from the street; and that these venting details shall be included and approved in the construction plans before a Building pemrit is issued; (7) that prior to scheduling the roof deck inspection, a licensed surveyor shall shoot the height of the roof ridge and provide certification of that height to the Building Department; (8) that the conditions of the CityArborist's April 5, 2004, memo including the requirements of the Arborlogic Consulting report dated March 23, 2004, and the City Engineer's, Chief Building Official's, Fire Marshal's and Recycling Specialist's August 11, 2003, memos shall be met; (9) that the project shall comply with the Construction and Demolition Debris Recycling Ordinance which requires affected demolition, new construction and alteration projects to submit a Waste Reduction Plan and meet recycling requirements; any partial or full demolition of a structure, interior or exterior, shall require a demolition permit; (10) that the applicant shall comply with Ordinance 1503, the City of Burlingame Storm Water Management and Discharge Control Ordinance; and (11) that the project shall meet all the requirements of the California Building Code and California Fire Code, 2001 edition, as amended by the City of Burlingame. The motion was seconded by C. Brownrigg. Commission noted that an extremely large tree and the slope of the lot help to mitigate the height of the house. Chair Brownrigg called for a voice vote on the motion to approve. The motion passed on a 5-0-2 (Cers. Cauchi and Osterling absent). Appeal procedures were advised. This item concluded at 9:40 p.m. 6. 1800 TROUSDALE DRIVE, ZONED TW — APPLICATION FOR MITIGATED NEGATIVE DECLARATION, DESIGNREVIEW, CONDOMINIUM PERMIT, TENTATIVE CONDOMINIUM MAP, FRONT SETBACK AND LOT COVERAGE VARIANCES AND CONDITIONAL USE PERMIT FOR HEIGHT FOR A 25 -UNIT, 7 -STORY RESIDENTIAL CONDOMINIUM (PAUL BOGATSKY, APPLICANT AND PROPERTY OWNER; DAN IONESCU ARCHITECTS AND PLANNERS, ARCHITECT) (14 NOTICED) PROJECT PLANNER: MAUREEN BROOKS a. MITIGATED NEGATIVE DECLARATION, DESIGN REVIEW, CONDOMINIUM PERMIT AND CONDITIONAL USE PERMIT FOR HEIGHT; AND b. TENTATIVE CONDOMINIUM MAP — PROJECT ENGINEER: VICTOR VOONG Reference staff report March 24, 2007, with attachments. CP Monroe presented the report, reviewed criteria and staff comments. Fifty-two (52) conditions including the mitigation monitoring program were suggested for consideration. CP noted that on February 12, 2007, the Commission held a public hearing on this multiple family residential project and continued the action until the applicant had responded to several design and open space issues identified. The applicant submitted revised plans dated March 14, 2007, and notice was sent for a continued public hearing this evening. Commissioners had no questions of staff. Chair Brownrigg opened the public hearing. Dan Ionesco, architect, and Paul Bogatsky, property owner, represented the project. Issues discussed: the changes to the plans, placement of wrought iron below the store front gate; the construction of the trellis on the front of the building; the new podium used for open space; materials sample board. There were no further comments from the floor. The public hearing was closed. C. Vistica made a motion finding that, on the basis of the Initial Study and any comments received inwriting and at the public hearing, there is no substantial evidence that the project would have a negative impact on the environment, so recommend the Mitigated Negative Declaration and Tentative Condominium Map to the City Council for action. The motion was seconded by C. Auran. City of Burlingame Planning Commission Unapproved Minutes March 26, 2007 Chair Brownrigg called for a voice vote on the motion to find the Mitigated Negative Declaration an adequate environmental disclosure and recommending both the Mitigated Negative Declaration and Tentative Condominium Map to the Council for action. The motion passed on a 5-0-2 (Cers. Cauchi, Osterling absent) voice vote. Commissioners commentsonthe project: because of the proximity of the hospital entrance across the street from this site would like to see all staging and debris management for this project done on site, applicant should find alternate parking for employees and for storage of materials during construction if necessary. Note that the exception for lot coverage is met because the area covered not only improves the quality of life in the building by sheltering future residents and neighbors from noise from the access ramps to the parking area below the building but also provides additional open space for the use of future owners; the front setback variance is justified on the basis that a major objective of the North Burlingame/Rollins Road Specific Plan is to increase pedestrian activity and life on the street, because the grade on this lot and easement location resulted in the first deck of parking being at grade, the main entrance into the building projecting into the front setback supports the objective of bringing more life to the street and encourages pedestrians. C. Vistica made a motion to approve the residential condominium permit, front setback variance, conditional use permits for lot coverage and height for a new seven story 25 -unit residential condominium project by resolution with amended conditions that building materials for this project shall be stored on this property or managed from another property in the area approved by the City Engineer; that all employee parking and equipment parking for this construction project shall be provided on the site or shall be provided on another site in the immediate area as approved by the City Engineer; that no mitigations proposed for materials storage, equipment storage and staging, or employee parking shall involve the Plaza Shopping Center parking or facilities; and that the portions of the trellises on the front elevation shown to be built with the 2x10's shall be increased to at least 4x 10 over the 6x6 posts; and with all the conditions, including the conditions from the mitigation monitoring plan as follows: (1) that the project shall be built as shown on the plans submitted to the Planning Department date stamped March 14, 2007, sheets A0.1, A.1, A2.1, A2.1.1, A2.2 through A2.7, A3.1 through A3.4, A4.1, A4.2, A5.1 through A5.9, Ground Floor Landscape Plan and Podium Level Landscape Plan, and Boundary and Topographic Survey Plan and Vesting Tentative Subdivision Map; and that the portions of the trellises on the front elevation shown to be 2x10's shall be increased to at least 4x 10 over the 6x6 posts; (2) that building materials for this project shall be stored on this property or managed from another property in the area as approved by the City Engineer; that all employee parking and equipment parking for this construction project shall be provided on the site or shall be provided on another site in the immediate area as approved by the City Engineer; that no mitigations proposed for materials storage, equipment storage and staging, or employee parking shall involve the Plaza Shopping Center parking or any of its facilities; (3) that the maximum elevation at the top of the roof ridge shall not exceed elevation 117.18" as measured from the average elevation at the top of the curb along Trousdale Drive (42.18D for a maximum height of 75'-0", and that the top of each floor and final roof ridge shall be surveyed and approved by the City Engineer as the framing proceeds and prior to final framing and roofing inspections. The lower level garage floor finished floor elevation shall be elevation 33.5 ; at -grade garage level finished floor elevation shall be elevation 42.51; first floor above garage finished floor shall be elevation 53.5'; second floor finished floor shall be elevation 63.5; third floor finished floor shall be elevation 73.5% fourth floor finished floor shall be elevation 83.5; sixth floor loft finished floor shall be elevation 102.5; and the top of ridge elevation shall be no more than 117.18'. Should any framing exceed the stated elevation at any point it shall be removed or adjusted so that City of Burlingame Planning Commission Unapproved Minutes March 26, 2007 the final height of the structure with roof shall not exceed the maximum height shown on the approved plans; (4) that any changes to the size or envelope of the building, which would include expanding the footprint or floor area of the structure, replacing or relocating windows or changing the roof height or pitch, shall be subject to Planning Commission review; (5) that demolition or removal of the existing structures and any grading or earth moving on the site shall not occur until a building permit has been issued and such site work shall be required to comply with all the regulations of the Bay Area Air Quality Management District; (6) that the backflow prevention device and post indicator valve (PIV) shall be located and screened by landscaping so they will be hidden from both the street and project residents; (7) that the conditions of the City Engineer's June 21, 2006, memo, the Chief Building Official's August 2, 2005, memo, the Fire Marshal's August 12, 2005 and September 3, 2006 memos, the NPDES Coordinator's August 15, 2005, memo and the Recycling Specialist's August 8, 2005, memo shall be met; (8) that storage of construction materials and equipment on the street or in the public right-of-way shall be prohibited; (9) that prior to issuance of a building permit for the project, the applicant shall pay the first half of the North Burlingame Rollins Road Development fee in the amount of $12,593.70, made payable to the City of Burlingame and submitted to the Planning Department; (10) that prior to scheduling the final framing inspection for the condominium building, the applicant shall pay the second half of the North Burlingame Rollins Road Development fee in the amount of $12,593.70, made payable to the City of Burlingame and submitted to the Planning Department; (11) that prior to issuance of a building permit for the project, the applicant shall enter into an agreement with the City to establish the affordability of the three below market rate units required as a part of this project; the applicant shall also submit a below market rate housing plan which shall describe in detail the applicant's proposal for a third party to meet and manage the inclusionary housing requirements as required by Chapter 25.63 of the Burlingame Municipal Code; the applicant shall enter into an agreement with a third -party non-profit organization approved by the City to administer the program; (12) that'guest parking stall' shall be marked on the three guest parking spaces and designated on the final map and plans, these stalls shall not be assigned to any unit, but shall be owned and maintained by the condominium association, and the guest stalls shall always be accessible for parking and not be separately enclosed or used for resident storage; and that in addition to the three guest parking stalls, and one service vehicle parking stall, 52 parking spaces shall be available on site for owners, and none of the on-site parking shall be rented, leased or sold to anyone who does not own a unit on the site; (13) that the Covenants Conditions and Restrictions (CC&Rs) for the condominium project shall require that the three guest parking stalls shall be reserved for guests only and shall not be used by condominium residents; (14) that the final inspection shall be completed and a certificate of occupancy issued before the close of escrow on the sale of each unit; (15) that the developer shall provide to the initial purchaser of each unit and to the board of directors of the condominium association, an owner purchaser manual which shall contain the name and address of all contractors who performed work on the project, copies of all warranties or guarantees of appliances and fixtures and the estimated life expectancy of all depreciable component parts of the property, including but not limited to the roof, painting, common area carpets, drapes and furniture; (16) that the trash receptacles, furnaces, and water heaters shall be shown in a legal compartment outside the required parking and landscaping and in conformance with zoning and California Building and Fire Code requirements before a building permit is issued; (17) that the security gate system across the right side entrance driveway shall be installed a minimum 20'-0' back from the front property line; the security gate system shall include an intercom system connected to each dwelling which allows residents to communicate with guests and to provide guest access to the parking area by pushing a button inside their units; (18) that prior to scheduling the foundation inspection a licensed surveyor shall locate the property corers, set the building envelope; (19) that prior to underfloor frame inspection the surveyor shall certify the first floor elevation of the new structure(s) and the various surveys shall be accepted by the City Engineer; (20) that prior to scheduling the framing inspection the proj ect architect or residential designer, or another architect or residential design professional, shall provide an architectural certification that the architectural details shown 10 City of Burlingame Planning Commission Unapproved Minutes March 26, 2007 in the approved design which should be evident at framing, such as window locations and bays, are built as shown on the approved plans; architectural certification documenting framing compliance with approved design shall be submitted to the Building Division before the final framing inspection shall be scheduled; (21) that prior to scheduling the roof deck inspection, a licensed surveyor shall establish the height of the roof ridge and provide certification of that height; (22) that trash enclosures and dumpster areas shall be covered and protected from roof and surface drainage and that if water cannot be diverted from these areas, a self-contained drainage system shall be provided that discharges to an interceptor; (23) that this project shall comply with the state -mandated water conservation program, and a complete Irrigation Water Management and Conservation Plan together with complete landscape and irrigation plans shallbe provided at the time of building permit application; (24) that all site catch basins and drainage inlets flowing to the bay shall be stenciled. All catch basins shall be protected during construction to prevent debris from entering; (25) that project approvals shall be conditioned upon installation of an emergency generator to power the sump pump system; and the sump pump shall be redundant in all mechanical and electrical aspects (i.e., dual pumps, controls, level sensors, etc.). Emergency generators shall be housed so that they meet the City's noise requirement; (26) that the project shall meet all the requirements of the California Building and Uniform Fire Codes, 2001 Edition, as amended by the City of Burlingame; (27) that in lieu of meeting the requirement specific to fire apparatus access required by Section 902.2.1, Uniform Fire Code, as adopted by Burlingame Municipal Code 17.04, the project applicant shall extend the required Class I Standpipe outlets to garage stair landings in accordance with fire department approved locations, and install Quick Response Sprinklers throughout the garage; (28) that the proposed project shall comply with construction standards and seismic design criteria contained in the Building Code as adopted by the City, (29) that before construction of the proposed project, per the Building Code, the project applicant shall obtain a site-specific soils report that identifies any potentially unsuitable soil conditions (such as expansive, liquefiable, or compressive soils) and contains appropriate recommendations for foundation type and design criteria, including provisions to reduce the effects of expansive soils. The recommendations made in the soils report for ground preparation and earthwork shall be incorporated in the construction design. The soils evaluations shall be conducted by registered soil professionals, and the measures to eliminate inappropriate soil conditions must be applied. The design for soil support of foundations shall conform to the analysis and implementation criteria described in the Building Code, Chapters 16, 18, and A33; (30) that a site-specific evaluation of soil conditions required by the City shall be completed as part of the building permit process and shall contain recommendations for ground preparation and earthwork specific to the project site that would become an integral part the construction design. Recommendations shall be included in the excavation and construction plans for the proposed project; (31) that although the proposed project would be exempt from preparing and implementing aproject-specific SWPPP, because the City of Burlingame is a member of the STOPPP, the proposed project shall obtain coverage under STOPPP's Phase I Municipal Storm water Permit and comply with performance standards set forth by STOPPP's Storm water Management Plan, The City Storm Water Management and Discharge Control Ordinance (Municipal Code Chapter 15.14; Ordinance 1503 Section 1; June 20, 1994) would also be applied to the proposed project. In addition, the project applicants shall perform the following actions as uniformly required conditions of project approval, as identified by the City's NPDES Coordinator upon submittal of project applications to the City: (a) Implement appropriate storm water best management practices (BMPs) to minimize pesticide usage in accordance with the City's New Development/Redevelopment Landscaping Fact Sheet; (b) Incorporate applicable structural source control measures to minimize storm water pollutants in accordance with the City's Model List of Structural Source Control Measures; (c) Identify the responsible party who would be responsible for the operation and maintenance of the permanent post -construction storm water treatment measure(s). Prior to issuance of a final building permit, submit a completed, notarized Storm water Treatment Measure Maintenance Agreement; (32) that the proposed project shall comply with City grading requirements specified in Section 18.20 of the Municipal Code; (33) that the proposed project shall 11 City of Burlingame Planning Commission Unapproved Minutes March 26, 2007 comply with the City's Model Efficient Landscape Ordinance (Municipal Code Section 18.17.001; Ordinance 1476 Section 1; January 4, 1993), thereby reducing the amount of project site runoff polluted by landscape chemicals; (34) that the project applicant shall ensure implementation of the following mitigation measures during project construction, in accordance with BAAQMD standard mitigation requirements: (a) Water all active construction areas at least twice daily; (b) Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard; (c) Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites; (d) Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites; (e) Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets; (35) that the project applicant shall prepare and implement a construction phasing plan and traffic management plan that defines how traffic operations would be managed and maintained during each phase of construction. The plan should be developed with the direct participation of the City of Burlingame. To the maximum practical extent, the plan should: (a) Detail how access will be maintained to individual properties where construction activities may interfere with ingress and egress. Any driveway closures shall take place during non -business hours; (b) Specify predetermined haul routes from staging areas to construction sites and to disposal areas of agreement with the City prior to construction. The routes shall follow streets and highways that provide the safest route and have the least impact on traffic. (c) During construction, require the contractor to provide information to the public using signs, press releases, and other media tools of traffic closures, detours or temporary displacement of left -tum lanes. (d) Identify a single phone number that property owners and businesses can call for construction scheduling, phasing, and duration information, as well as for complaints. (e) Identify construction activities that must take place during off-peak traffic hours or result in temporary road closures due to concerns regarding traffic safety or traffic congestion. Any road closures will be done at night under ordinary circumstances. If unforeseen circumstances require road closing during the day, the City of Burlingame should be consulted; (36) that in order to improve the ability of vehicles to tum from the lower level ramp to the driveway, the project has been revised so that the west driveway is 12 feet wide; (37) that the proposed project driveways shall be secured with an automatic gate system that would allow delivery vehicles to enter and exit the driveways with an opener. The entrance gate shall also provide an intercom system that would allow delivery vehicles to call from the entrance. Furthermore, rolling dumpsters shallbe acquired by the project applicant, which can be maneuvered outside of the parking garage to the curb, to facilitate garbage pickup from Trousdale Avenue; (38) that the project applicant shall include in the proposed project a bicycle parking area that is 12 feet by 21 feet, in the lower level of the parking garage, as indicated in the site plan which is sufficient space for approximately 25 bicycles; (39) that the removal of trees, shrubs, or weedy vegetation shall be avoided during the February 1 through August 31 bird nesting period to the extent possible. If no vegetation or tree removal is proposed during the nesting period, no surveys shall be required. If it is not feasible to avoid the nesting period, a survey for nesting birds should be conducted by a qualified wildlife biologist no earlier than 14 days prior to the removal of trees, shrubs, grassland vegetation, buildings, grading, or other construction activity. Survey results shall be valid for 21 days following the survey. The area surveyed shall include all construction sites, access roads, and staging areas, as well as areas within 150 feet outside the boundaries of the areas to be cleared or as otherwise determined by the biologist. In the event that an active nest is discovered in the areas to be cleared, or in other habitats within 150 feet of construction boundaries, clearing and construction shall be postponed for at least two weeks or until a wildlife biologist has determined that the young have fledged (left the nest), the nest is vacated, and there is no evidence of second nesting attempts; (40) that the trees proposed to be removed shall be evaluated by a licensed arborist whose report shall be reviewed by the City arborist to determine whether they are "protected trees" per Section 11.06.020 of the Burlingame Municipal Code and whether a tree removal permit is appropriate. If any trees proposed to be removed are protected trees, the City Arborist shall make a determination regarding the removal and replacement of these trees. As the 12 City of Burlingame Planning Commission Unapproved Minutes March 26, 2007 proposed landscaping plan includes the planting of 16 new trees, the City Arborist may determine that the proposed landscaping plan is sufficient and no other replacement trees are required. (a) The Municipal Code includes the following requirements regarding replacement trees; (b) Replacement shall be three 15 - gallon size, one 24 -inch box size, or one 36 -inch box size landscape tree(s) for each tree removed; and (c) Any tree removed without a valid permit shall be replaced by two 24 -inch box size, or two 36 -inch box size landscape trees for each tree removed; and (d) Replacement of a tree may be waived by the director if a sufficient number of trees exists on the property to meet all other requirements of the Urban Reforestation and Tree Protection Ordinance; and (e) Size and number of the replacement tree(s) shall be determined by the director and shall be based on the species, location and value of the tree(s) removed; and (f) If replacement trees cannot be planted on the property, payment of equal value shall be made to the City. Such payments shall be deposited in the tree -planting fund to be drawn upon for public tree planting; (41) that the project applicant shall be responsible for maintaining and protecting the existing on-site trees to be retained. The following specific actions shall be followed to maintain the health of the remaining trees: (a) Any pruning shall be done according to the direction of a certified arborist and all pruning shall complywith International Society of Arboriculture, Western Chapter Standards or other comparable standards deemed acceptable to the City Arborist; (b) Any abandoned utility lines (water, electrical, etc.) in the root zones (radius of ten times the trunk diameter) shall be out and left in the ground to the satisfaction of the City Arborist; (c) Any surfacing material inside the root zone shall be pervious and installed on top of the existing grade. As an example, pervious pavers are acceptable provided the base material is also sufficiently pervious. Base rock containing granite fines is not sufficiently pervious; (d) Temporary construction fencing shall be erected to protect the retained trees of a size to be established by the City Arborist. The fencing shall be placed at the perimeter of the root zone unless the pavement is supervised by a certified arborist. The fencing shall be in place prior to the arrival of construction materials or equipment; (e) The landscape irrigation shall be designed to prevent trenching inside the root zones of retained trees; (f) Supplemental irrigation shall be provided during construction. Approximately 10 gallons of water for each inch of trunk diameter should be applied at or near the perimeter of the root zone every two weeks during the dry months (any month receiving less than 1 inch of rainfall on average); (g) Retained trees shall be thoroughly mulched with a 3 -inch layer of bark chips with the exception of a 6- to 12 -inch area around the base of the root collar, which must be left bare and dry; (42) that as required by BAAQMD Regulation 11, Rule 2, the proposed project shall implement preventative measures during demolition and removal of all asbestos containing materials (ACMs) to prevent emissions of asbestos into the air. The proposed project shall also remove and dispose of all asbestos and PCB -containing materials according to Toxic Substances Control Act (TSCA) regulations and comply with the Cal/OSHA guidelines for worker safety during removal; (43) that the project applicant shall abide by its declared building height as specified in the FAA determination for the proposed project. The project applicant shall also ensure that construction equipment for the proposed project (e.g. cranes) shall not exceed the maximum height restriction specified in the San Francisco Airport Land Use Plan for the project site; (44) that if markings or lighting are to be included in the proposed project, the project applicant shall ensure that they are installed and maintained according to FAA guidelines; (45) that the applicant shall incorporate the following practices into the construction documents to be implemented by the proj ect contractor. These control measures, such as installation ofnoise control devices (e.g. mufflers), selection of quieter machinery, and other noise control measures (e.g. surrounding stationary equipment with noise barriers), all of which would not require major equipment redesign. (a) Maximize the physical separation between noise generators and noise receptors. Such separation includes, but is not limited to, the following measures: (1) Use heavy-duty mufflers for stationary equipment and barriers around particularly noisy areas of the site or around the entire site; (2) Use shields, impervious fences, or other physical sound barriers to inhibit transmission of noise to sensitive receptors; (3) Locate stationary equipment to minimize noise impacts on the community; and (4) Minimize backing movements of equipment; (b) Use quiet construction equipment whenever possible; (c) 13 City of Burlingame Planning Commission Unapproved Minutes March 26, 2007 Impact equipment (e.g., jackhammers and pavement breakers) shallbe hydraulically or electricallypowered wherever possible to avoid noise associated with compressed air exhaust from pneumatically -powered tools. Compressed air exhaust silencers shall be used on other equipment. Other quieter procedures, such as drilling rather than using impact equipment, shall be used whenever feasible; (d) Prohibit unnecessary idling of internal combustion engines; (e) Select routes for movement of construction -related vehicles and equipment in conjunction with the Burlingame Planning Department so that noise -sensitive areas, including residences and schools, are avoided as much as possible; (f) The project applicant shall designate a "disturbance coordinator" for construction activities. The coordinator would be responsible for responding to any local complaints regarding construction noise and vibration. The coordinator would determine the cause of the noise or vibration complaint and would implement reasonable measures to correct the problem; (g) The construction contractor shall send advance notice to neighborhood residents within 50 feet of the project site regarding the construction schedule and including the telephone number for the disturbance coordinator at the construction site; (46) that the project applicant shall incorporate the following practice into the construction documents to be implemented by the project contractor. The project applicant shall require that loaded trucks and other vibration -generating equipment avoid areas of the project site that are located near existing residential uses to the maximum extent compatible with project construction goals; (47) that the project applicant shall include in the final project design noise insulation features that would effectively maintain interior noise levels of 45 dBA or less; (48) that the existing sanitary sewer on site shall be examined by the City after project construction to evaluate the pipe's condition. If the City Engineer determines that the pipe is substandard or if the pipe has been damaged by project construction, the pipe shall be replaced or repaired by the project applicant to the City Engineer's satisfaction; (49) that if the project applicant does not provide a 12 -foot wide driveway, the project applicant shall be required to purchase maintenance equipment for the City that can access the on-site sewer easement through the proposed 9.5 -foot -wide driveway; (50) that per the City's Construction and Demolition Waste Recycling Requirement, the project applicant shall submit a waste reduction plan that demonstrates that at least 50 percent of the construction and demolition waste can be recycled; (51) that the project applicant shall design and locate all exterior lighting so that the cone of light and/or glare from the lighting elements is kept entirely on the project site on or below the top of any fence, hedge, or wall at the site's property line, as required by the Burlingame Municipal Code Section 18.16.030 (pertaining to light spillage off site in commercial or residential areas). All wall mounted up -lighting shall be excluded from the proposed project. All project lighting shall comply with requirements of the California Energy Commission and the Illuminating Engineering Society of North America for illumination levels; and (52) that the following provisions shall be incorporated into the grading and construction contracts to address the potential to encounter currently unknown cultural resources: (a) Prior to the initiation of construction or ground - disturbing activities, all construction personnel shall receive environmental training that will include discussion of the possibility of buried cultural and paleontological resources, including trainingto recognize such possible buried cultural resources, as well as the procedure to follow if such cultural resources are encountered; (b) Retain Project Archaeologist. Since the project area contains a portion of one recorded Native American archeological resource, and other previously unknown prehistoric or historic cultural deposits may be encountered elsewhere in the project site during excavations, the City shall retain the services of a qualified archaeological consultant meeting federal criteria under 36 CFR 61, and who has expertise in California prehistory and urban historical archaeology; (c) If potential historical or unique archaeological resources are discovered during construction, all work in the immediate vicinity shall be suspended and alteration of the materials and their context shall be avoided pending site investigation by a qualified archaeological or cultural resources consultant retained by the project applicant. The immediate vicinity wherein work shall be suspended shall be approximately 50 feet from the discovery or within an appropriate distance to be determined by the archaeologist or cultural resources consultant. Construction work shall not commence again until the archaeological or cultural resources consultant has been given an 14 City of Burlingame Planning Commission Unapproved Minutes March 26, 2007 opportunity to examine the findings, -assess their significance, and offer proposals for any additional exploratory measures deemed necessary for the further evaluation of and/or mitigation of adverse impacts to any potential historical resources or unique archaeological resources that have been encountered; (d) If the find is determined to be an historical or unique archaeological resource, and if avoidance of the resource would not be feasible, the archaeological or cultural resources consultant shall prepare a plan for the methodical excavation of those portions of the site that would be adversely affected. The plan shall be designed to result in the extraction of sufficient volumes of non -redundant archaeological data to address important regional research considerations. The work shall be performed by the archaeological or cultural resources consultant, and shall result in detailed technical reports. Such reports shall be submitted to the California Historical Resources Regional Information Center. Construction in the vicinity of the find shall be accomplished in accordance with current professional standards and shall not recommence until this work is completed; (e) The project applicant shall assure that project personnel are informed that collecting significant historical or unique archaeological resources discovered during development of the project is prohibited by law. Prehistoric or Native American resources can include chert or obsidian flakes, projectile points, mortars, and pestles; and dark friable soil containing shell and bone dietary debris, heat -affected rock, or human burials. Historic resources can include nails, bottles, or other items often found in refuse deposits; (f) If human remains are discovered, there shall be no further excavation or disturbance ofthe discovery site or any nearby area reasonably suspected to overlie adjacent human remains until the project applicant has complied with the provisions of State CEQA Guidelines Section 15064.5(e). In general, these provisions require that the County Coroner shall be notified immediately. If the remains are found to be Native American, the County Coroner shall notify the Native American Heritage Commission within 24 hours. The most likely descendant of the deceased Native American shall be notified bythe Commission and given the chance to make recommendations for the remains. If the Commission is unable to identify the most likely descendent, or if no recommendations are made within 24 hours, remains may be re -interred with appropriate dignity elsewhere on the property in a location not subject to further subsurface disturbance. If recommendations are made and not accepted, the Native American Heritage Commission will mediate the problem. The motion was seconded by C. Auran. Chair Brownrigg called for a voice vote on the motion to approve the project including the condominium permit, front setback variance, and the conditional use permits for lot coverage and height. The motion passed on a 5-0-2 (Cers. Cauchi, Osterling absent). Appeal procedures were advised. This item concluded at 10:00 p.m. IX. DESIGN REVIEW STUDY ITEMS 7. 1560 COLUMBUS AVENUE, ZONED R-1— APPLICATION FOR DESIGN REVIEW AND SPECIAL PERMITS FOR BASEMENT FOR A NEW SINGLE FAMILY DWELLING AND DETACHED GARAGE (ROBERT AND CYNTHIA GILSON, APPLICANTS AND PROPERTY OWNERS; JAMES CHU, CHU DESIGN & ENGINEERING. DESIGNER) (57 NOTICED) PROJECT PLANNER: RUBEN HURIN C. Brownrigg noted that he lives within 500' of the subject property and recused himself from the item. C. Auran noted that he had a business relationship with the applicant and also recused himself from this item. Both Commissioners stepped down from the dais and left the council chambers. Chair Brownrigg passed the gavel to Vice Chair Deal, CA Anderson noted that there was not a quorum on the item and that the applicant must make the decision themselves to either go to a design review consultant for guidance or to place themselves on the action 15 May 27, 2008 Paul Bogatsky 1469 Pacific Avenue San Francisco, CA 94109 Re: 1800 Trousdale Drive Dear Mr. Bogatsky, Since there was no appeal to or suspension by the City Council, the May 12, 2008, Planning Commission apprnval of your application for Amendment to Design Review, Condominium Permit and Conditional Use Permit for lot coverage became effective May 22, 2008. This application was changes to a previously approved 25 -unit, seven -story residential condominium building at 1800 Trousdale Drive, zoned TW. The May 12, 2008 minutes of the Planning Commission state your application was approved with the following conditions: 1. that the project shall be built as shown on the plans submitted to the Planning Department date stamped April 30, 2008, sheets A0.0, A0.31, C-1, C-1.1, G0.1, G0.2, A1.1 through A1.9, A2.1, A3.0, A3.1, A3.2 Alt; A3.3 through A3.7, A4.0 and A4.1, Ground Floor Landscape Plan and Podium Level Landscape Plan; 2, that the maximum elevation at the top of the roof ridge shall not exceed elevation 117.58" as measured from the average elevation at the top of the curb along Trousdale Drive (42.58') for a maximum height of 75'-0", and that the top of each floor and final roof ridge shall be surveyed and approved by the City Engineer as the framing proceeds and prior to final framing and roofing inspections; should any framing exceed the stated elevation at any point it shall be removed or.adjusted so that the final height of the structure with roof shall not exceed the maximum height shown on the approved plans; 3. that any changes to the size or envelope of the building, which would include expanding the footprint or floor area of the structure, replacing or relocating windows or changing the roof height or pitch, shall be subject to Planning Commission review; 4. that demolition or removal of the existing structures and any grading or earth moving on the site shall not occur until a building permit has been issued and such site work shall be required to comply with all the regulations of the Bay Area Air Quality Management District; 1 1111 Register online to receive City of Burlingame e-mail updates at www.burlingame.org lull CITY OF BURLINGAME _ COMMUNITY DEVELOPMENT DEPARTMENT f3U�RLI7VGAINYE City Hall — 501 Primrose Road � 'Burlingame, California 94010-3997 3 Planning Division PH: (650) 558-7250 ' FAX: (650) 696-3790 May 27, 2008 Paul Bogatsky 1469 Pacific Avenue San Francisco, CA 94109 Re: 1800 Trousdale Drive Dear Mr. Bogatsky, Since there was no appeal to or suspension by the City Council, the May 12, 2008, Planning Commission apprnval of your application for Amendment to Design Review, Condominium Permit and Conditional Use Permit for lot coverage became effective May 22, 2008. This application was changes to a previously approved 25 -unit, seven -story residential condominium building at 1800 Trousdale Drive, zoned TW. The May 12, 2008 minutes of the Planning Commission state your application was approved with the following conditions: 1. that the project shall be built as shown on the plans submitted to the Planning Department date stamped April 30, 2008, sheets A0.0, A0.31, C-1, C-1.1, G0.1, G0.2, A1.1 through A1.9, A2.1, A3.0, A3.1, A3.2 Alt; A3.3 through A3.7, A4.0 and A4.1, Ground Floor Landscape Plan and Podium Level Landscape Plan; 2, that the maximum elevation at the top of the roof ridge shall not exceed elevation 117.58" as measured from the average elevation at the top of the curb along Trousdale Drive (42.58') for a maximum height of 75'-0", and that the top of each floor and final roof ridge shall be surveyed and approved by the City Engineer as the framing proceeds and prior to final framing and roofing inspections; should any framing exceed the stated elevation at any point it shall be removed or.adjusted so that the final height of the structure with roof shall not exceed the maximum height shown on the approved plans; 3. that any changes to the size or envelope of the building, which would include expanding the footprint or floor area of the structure, replacing or relocating windows or changing the roof height or pitch, shall be subject to Planning Commission review; 4. that demolition or removal of the existing structures and any grading or earth moving on the site shall not occur until a building permit has been issued and such site work shall be required to comply with all the regulations of the Bay Area Air Quality Management District; 1 1111 Register online to receive City of Burlingame e-mail updates at www.burlingame.org lull May 27, 2008 1800 Trousdale Drive Page 2 5. that the backflow, prevention device and post indicator valve (PIV) shall be located and screened by landscaping so they will be hidden from both the street and project residents; 6. that the conditions of the Chief Building Official's March 27, 2008, memo , the Fire Marshal's April 2, 2008, memo, the City Engineer's April 2, 2008, March 5, 2008, December 29, 2005 and August 24, 2005, memos, and the Recycling Specialist's August 8, 2005, memo shall be met; 7. that storage of construction materials and equipment on the street or in the public right-of-way shall be prohibited; 8. that prior to issuance of a building permit for construction of the project, the project construction plans shall be modified to include a cover sheet listing all conditions of approval adopted by the Planning Commission, or City Council on appeal; which shall remain a part of all sets of approved plans throughout the construction process. Compliance with all conditions of approval is required; the conditions of approval shall not be modified or changed without the approval of the Planning Commission, or City Council on appeal; 9, that prior to issuance of a building permit for the project, the applicant shall pay the first half of the North Burlingame Rollins Road Development fee in the amount of $12,593.70, made payable to the City of Burlingame and submitted to the Planning Department; 10. that prior to scheduling the final framing inspection for the condominium building, the applicant shall pay the second half of the North Burlingame Rollins Road Development fee in the amount of $12,593.70, made payable to the City of Burlingame and submitted to the Planning Department; 11. that prior to issuance of a building permit for the project, the applicant shall enter into an agreement with the City to establish the affordability of the three below market rate units required as a part of this project; the applicant shall also submit a below market rate housing plan which shall describe in detail the applicant's proposal for a third party to meet and manage the inclusionary housing requirements as required by Chapter 25.63 of the Burlingame Municipal Code; the applicant shall enter into an agreement with a third -party non- profit organization approved by the City to administer the program; 12, that'guest parking stall' shall be marked on the three guest parking spaces and designated on the final map and plans, these stalls shall not be assigned to any unit, but shall be owned and maintained by the condominium association, and the guest stalls shall always be accessible for parking and not be separately enclosed or used for resident storage; and that in addition to the three guest parking stalls, and one service vehicle parking stall, 54 parking spaces shall be available on site for owners, and none of the on-site parking shall be rented, leased or sold to anyone who does not own a unit on the site; 13. that the Covenants Conditions and Restrictions (CC&Rs) for the condominium project shall require that the three guest parking stalls shall be reserved for guests only and shall not be used by condominium residents; :: Register online to receive City of Burlingame e-mail updates at wvvw.burlingame.org ON May 27, 2008 1800 Trousdale Drive Page 3 14. that the final inspection shall be completed and a certificate of occupancy issued before the close of escrow on the sale of each unit; 15. that the developer shall provide to the initial purchaser of each unit and to the board of directors of the condominium association, an owner purchaser manual which shall contain the name and address of all contractors who performed work on the project, copies of all warranties or guarantees of appliances and fixtures and the estimated life expectancy of all depreciable component parts of the property, including but not limited to the roof, painting, common area carpets, drapes and furniture; 16. that the trash receptacles, furnaces, and water heaters shall be shown in a legal compartment outside the required parking and landscaping and in conformance with zoning and California Building and Fire Code requirements before a building permit is issued; 17. that the security gate system across the right side entrance driveway shall be installed a minimum 20'-0' back from the front property line; the security gate system shall include an intercom system connected to each dwelling which allows residents to communicate with guests and to provide guest access to the parking area by pushing a button inside their units; 18. that prior to scheduling the foundation inspection a licensed surveyor shall locate the property corners, set the building envelope; 19. that prior to underfloor frame inspection the surveyor shall certify the first floor elevation of the new structure(s) and the various surveys shall be accepted by the City Engineer; 20. that prior to scheduling the framing inspection the project architect or residential designer, or another architect or residential design professional, shall provide an architectural certification that the architectural details shown in the approved design which should be evident at framing, such as window locations and bays, are built as shown on the approved plans; architectural certification documenting framing compliance with approved design shall be submitted to the Building Division before the final framing inspection shall be scheduled; 21. that prior to scheduling the roof deck inspection, a licensed surveyor shall establish the height of the roof ridge and provide certification of that height; 22. that trash enclosures and dumpster areas shall be covered and protected from roof and surface drainage and that if water cannot be diverted from these areas, a self-contained drainage system shall be provided that discharges to an interceptor; 23. that this project shall comply with the state -mandated water conservation program, and a complete Irrigation Water Management and Conservation Plan together with complete landscape and irrigation plans shall be provided at the time of building permit application; 24. that all site catch basins and drainage inlets flowing to the bay shall be stenciled. All catch basins shall be protected during construction to prevent debris from entering; 25. that project approvals shall be conditioned upon installation of an emergency generator to power the sump pump system; and the sump pump shall be redundant in all mechanical and H Register online to receive City of Burlingame e-mail updates at www.burlingame.org 1110 May 27, 2008 1800 Trousdale Drive Page 4 electrical aspects (i.e., dual pumps, controls, level sensors, etc.). Emergency generators shall be housed so that they meet the City's noise requirement; 26. that the project shall meet all the requirements of the California Building and Uniform Fire Codes, 2007 Edition, as amended by the City of Burlingame. 27. that in lieu of meeting the requirement specific to fire apparatus access required by Section 902.2.1, Uniform Fire Code, as adopted by Burlingame Municipal Code 17.04, the project applicant shall extend the required Class I Standpipe outlets to garage stair landings in accordance with fire department approved locations, and install Quick Response Sprinklers throughout the garage; (Land Use, Fire Dept) 28. that the proposed project shall comply with construction standards and seismic design criteria contained in the Building Code as adopted by the City; (Geology and Soils; Building Division) 29. that before construction of the proposed project, per the Building Code, the project applicant shall obtain a site-specific soils report that identifies any potentially unsuitable soil conditions (such as expansive, liquefiable, or compressive soils) and contains appropriate recommendations for foundation type and design criteria, including provisions to reduce the effects of expansive soils. The recommendations made in the soils report for ground preparation and earthwork shall be incorporated in the construction design. The soils evaluations shall be conducted by registered soil professionals, and the measures to eliminate inappropriate soil conditions must be applied. The design for soil support of foundations shall conform to the analysis and implementation criteria described in the Building Code, Chapters 16, 18, and A33; (Geology and Soils, Building Division) 30. that a site-specific evaluation of soil conditions required by the City shall be completed as part of the building permit process and shall contain recommendations for ground preparation and earthwork specific to the project site that would become an integral part the construction design. Recommendations shall be included in the excavation and construction plans for the proposed project; (Geology and Soils, Building Division) 31. that although the proposed project would be exempt from preparing and implementing a project -specific SWPPP, because the City of Burlingame is a member of the STOPPP, the proposed project shall obtain coverage under STOPPP's Phase I Municipal Stormwater Permit and comply with performance standards set forth by STOPPP's Stormwater Management Plan. The City Storm Water Management and Discharge Control Ordinance (Municipal'Code Chapter 15.14; Ordinance 1503 Section 1; June 20, 1994) would also be applied to the proposed project. In addition, the project applicants shall perform the following actions as uniformly required conditions of project approval, as identified by the City's NPDES Coordinator upon submittal of project applications to the City: • Implement appropriate stormwater best management practices (BMPs) to minimize pesticide usage in accordance with the City's New Development/Redevelopment Landscaping Fact Sheet. • Incorporate applicable structural source control measures to minimize stormwater pollutants in accordance with the City's Model List of Structural Source Control Measures. :: Register online to receive City of Burlingame e-mail updates at www.burlingame.org :a May 27, 2008 1800 Trousdale Drive Page 5 • Identify the responsible party who would be responsible for the operation and maintenance of the permanent post -construction stormwater treatment measure(s). Prior to issuance of a final building permit, submit a completed, notarized Stormwater Treatment Measure Maintenance Agreement; (Hydrology and Water Quality; Public Works Department) 32, that the proposed project shall comply with City grading requirements specified in Section 18.20 of the Municipal Code; (Hydrology and Water Quality; Public Works Department) 33. that the proposed project shall comply with the City's Model Efficient Landscape Ordinance (Municipal Code Section 18.17.001; Ordinance 1476 Section 1; January 4, 1993), thereby reducing the amount of project site runoff polluted by landscape chemicals; (Hydrology and Water Quality; City Arborist) 34. that the project applicant shall ensure implementation of the following mitigation measures during project construction, in accordance with BAAQMD standard mitigation requirements: • Water all active construction areas at least twice daily. • Cover all trucks hauling soil, sand, and other loose materials or require all trucks to _ maintain at least two feet of freeboard. • Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites. • Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites. • Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets; (Air Quality; Building Division) 35. that the project applicant shall prepare and implement a construction phasing plan and traffic management plan that defines how traffic operations would be managed and maintained during each phase of construction. The plan should be developed with the direct participation of the City of Burlingame. To the maximum practical extent, the plan should: • Detail how access will be maintained to individual properties where construction activities may interfere with ingress and egress. Any driveway closures shall take place during non -business hours. • Specify predetermined haul routes from staging areas to construction sites and to disposal areas of agreement with the City prior to construction. The routes shall follow streets and highways that provide the safest route and have the least impact on traffic. • During construction, require the contractor to provide information to the public using signs, press releases, and other media tools of traffic closures, detours or temporary displacement of left -turn lanes. • Identify a single phone number that property owners and businesses can call for construction scheduling, phasing, and duration information, as well as for complaints. :: Register online to receive City of Burlingame e-mail updates at www.burlingame.org oli 1 May 27, 2008 1800 Trousdale Drive Page 6 • Identify construction activities that must take place during off-peak traffic hours or result in temporary road closures due to concerns regarding traffic safety or traffic congestion. Any road closures will be done at night under ordinary circumstances. If unforeseen circumstances require road closing during the day, the City of Burlingame should be consulted; (Traffic; Public Works Department) 36. that in order to improve the ability of vehicles to turn from the lower level ramp to the driveway, the project has been revised so that the west driveway is 12 feet wide; (Traffic, Public Works and Planning Departments) 37. that the proposed project driveways shall be secured with an automatic gate system that would allow delivery vehicles to enter and exit the driveways with an opener. The entrance gate shall also provide an intercom system that would allow delivery vehicles to call from the entrance. Furthermore, rolling dumpsters shall be acquired by the project applicant, which can be maneuvered outside of the parking garage to the curb, to facilitate garbage pickup from Trousdale Avenue; (Traffic; Public Works Department) 38. that the project applicant shall include in the proposed project a bicycle parking area that is 12 feet by 21 feet, in the lower level of the parking garage, as indicated in the site plan which is sufficient space for approximately 25 bicycles; (Traffic; Public Works and Planning Departments) 39. that the removal of trees, shrubs, or weedy vegetation shall be avoided during the February 1 through August 31 bird nesting period to the extent possible. If no vegetation or tree removal is proposed during the nesting period, no surveys shall be required. If it is not feasible to avoid the nesting period, a survey for nesting birds should be conducted by a qualified wildlife biologist no earlier than 14 days prior to the removal of trees, shrubs, grassland vegetation, buildings, grading, or other construction activity. Survey results shall be valid for 21 days following the survey. The area surveyed shall include all construction sites, access roads, and staging areas, as well as areas within 150 feet outside the boundaries of the areas to be cleared or as otherwise determined by the biologist. In the event that an active nest is discovered in the areas to be cleared, or in other habitats within 150 feet of construction boundaries, clearing and construction shall be postponed for at least two weeks or until a wildlife biologist has determined that the young have fledged (left the nest), the nest is vacated, and there is no evidence of second nesting attempts; (Biological Resources; City Arborist) 40. that the trees proposed to be removed shall be evaluated by a licensed arborist whose report shall be reviewed by the City arborist to determine whether they are "protected trees" per Section 11.06.020 of the Burlingame Municipal Code and whether a tree removal permit is appropriate. If any trees proposed to be removed are protected trees, the City Arborist shall make a determination regarding the removal and replacement of these trees. As the proposed landscaping plan includes the planting of 16 new trees, the City Arborist may determine that the proposed landscaping plan is sufficient and no other replacement trees are required. • The Municipal Code includes the following requirements regarding replacement trees. • Replacement shall be three 15 -gallon size, one 24 -inch box size, or one 36 -inch box size landscape tree(s) for each tree removed; and ®: Register online to receive City of Burlingame e-mail updates at www.burlingame.org 1110 May 27, 2008 1800 Trousdale Drive Page 7 • Any tree removed without a valid permit shall be replaced by two 24 -inch box size, or two 36 -inch box size landscape trees for each tree removed; and • Replacement of a tree may be waived by the director if a sufficient number of trees exists on the property to meet all other requirements of the Urban Reforestation and Tree Protection Ordinance; and • Size and number of the replacement tree(s) shall be determined by the director and shall be based on the species, location and value of the tree(s) removed; and • If replacement trees cannot be planted on the property, payment of equal value shall be made to the City. Such payments shall be deposited in the tree -planting fund to be drawn upon for public tree planting; (Biological Resources; City Arborist) 41. that the project applicant shall be responsible for maintaining and protecting the existing on- site trees to be retained. The following specific actions shall be followed to maintain the health of the remaining trees: a. Any pruning shall be done according to the direction of a certified arborist and all pruning shall comply with International Society of Arboriculture, Western Chapter Standards or other comparable standards deemed acceptable to the City Arborist. b. Any abandoned utility lines (water, electrical, etc.) in the root zones (radius of ten times the trunk diameter) shall be cut and left in the ground to the satisfaction of the City Arborist. C. Any surfacing material inside the root zone shall be pervious and installed on top of the existing grade. As an example, pervious pavers are acceptable provided the base material is also sufficiently pervious. Base rock containing granite fines is not sufficiently pervious. d. Temporary construction fencing shall be erected to protect the retained trees of a size to be established by the City Arborist. The fencing shall be placed at the perimeter of the root zone unless the pavement is supervised by a certified arborist. The fencing shall be in place prior to the arrival of construction materials or equipment. e. The landscape irrigation shall be designed to prevent trenching inside the root zones of retained trees. f. Supplemental irrigation shall be provided during construction. Approximately 10 gallons of water for each inch of trunk diameter should be applied at or near the perimeter of the root zone every two weeks during the dry months (any month receiving less than 1 inch of rainfall on average). g. Retained trees shall be thoroughly mulched with a 3 -inch layer of bark chips with the exception of a 6- to 12 -inch area around the base of the root collar, which must be left bare and dry; (Biological Resources, City Arborist) 42. that as required by BAAQMD Regulation 11, Rule 2, the proposed project shall implement preventative measures during demolition and removal of all asbestos containing materials (ACMs) to prevent emissions of asbestos into the air. The proposed project shall also remove and dispose of all asbestos and PCB -containing materials according to Toxic Substances Control Act (TSCA) regulations and comply with the Cal/OSHA guidelines for worker safety during removal; (Hazards and Hazardous Materials, Building Division) ®: Register online to receive City of Burlingame e-mail updates at www.burlingame.org :: May 27, 2008 1800 Trousdale Drive Page 8 43. that the project applicant shall abide by its declared building height as specified in the FAA determination for the proposed project. The project applicant shall also ensure that construction equipment for the proposed project (e.g. cranes) shall not exceed the maximum height restriction specified in the San Francisco Airport Land Use Plan for the project site; (Hazards and Hazardous Materials; Planning Department) 44. that if markings or lighting are to be included in the proposed project, the project applicant shall ensure that they are installed and maintained according to FAA guidelines; (Hazards and Hazardous Materials; Planning Department) 45, that the applicant shall incorporate the following practices into the construction documents to be implemented by the project contractor. These control measures, such as installation of noise control devices (e.g. mufflers), selection of quieter machinery, and other noise control measures (e.g. surrounding stationary equipment with noise barriers), all of which would not require major equipment redesign. a. Maximize the physical separation between noise generators and noise receptors. Such separation includes, but is not limited to, the following measures: • Use heavy-duty mufflers for stationary equipment and barriers around particularly noisy areas of the site or around the entire site; • Use shields, impervious fences, or other physical sound barriers to inhibit transmission of noise to sensitive receptors; • Locate stationary equipment to minimize noise impacts on the community; and • Minimize backing movements of equipment. b. Use quiet construction equipment whenever possible. C. Impact equipment (e.g., jack hammers and pavement breakers) shall be hydraulically or electrically powered wherever possible to avoid noise associated with compressed air exhaust from pneumatically -powered tools. Compressed air exhaust silencers shall be used on other equipment. Other quieter procedures, such as drilling rather than using impact equipment, shall be used whenever feasible. d. Prohibit unnecessary idling of internal combustion engines. e. Select routes for movement of construction -related vehicles and equipment in conjunction with the Burlingame Planning Department so that noise -sensitive areas, including residences and schools, are avoided as much as possible. f. The project applicant shall designate a "disturbance coordinator" for construction activities. The coordinator would be responsible for responding to any local complaints regarding construction noise and vibration. The coordinator would determine the cause of the noise or vibration complaint and would implement reasonable measures to correct the problem. g. The construction contractor shall send advance notice to neighborhood residents within 50 feet of the project site regarding the construction schedule and including the ma Reglster online to receive City of Burlingame e-mail updates at www.burlingame.org :® May 27, 2008 1800 Trousdale Drive Page 9 telephone number for the disturbance coordinator at the construction site; (Noise; Planning, Public Works) 46. that the project applicant shall incorporate the following practice into the construction documents to be implemented by the project contractor. The project applicant shall require that loaded trucks and other vibration -generating equipment avoid areas of the project site that are located near existing residential uses to the maximum extent compatible with project construction goals; (Noise, Building Division) 47. that the project applicant shall include in the final project design noise insulation features that would effectively maintain interior noise levels of 45 dBA or less; (Noise; Planning and Building) 48. that the existing sanitary sewer on site shall be examined by the City after project construction to evaluate the pipe's condition. If the City Engineer determines that the pipe is substandard or if the pipe has been damaged by project construction, the pipe shall be replaced or repaired by the project applicant to the City Engineer's satisfaction; (Utilities and Service Systems; Public Works Department) 49. that if the project applicant does not provide a 12 -foot wide driveway, the project applicant shall be required to purchase maintenance equipment for the City that can access the on-site sewer easement through the proposed 9.5 -foot -wide driveway; (Utilities and Sewer Systems; Public Works Department) 50. that per the City's Construction and Demolition Waste Recycling Requirement, the project applicant shall submit a waste reduction plan that demonstrates that at least 50 percent of the construction and demolition waste can be recycled; (Utilities and Service Systems; Building Division) 51. that the project applicant shall design and locate all exterior lighting so that the cone of light and/or glare from the lighting elements is kept entirely on the project site on or below the top of any fence, hedge, or wall at the site's property line, as required by the .Burlingame Municipal Code Section 18.16.030 (pertaining to light spillage off site in commercial or residential areas). All wall mounted up -lighting shall be excluded from the proposed project. All project lighting shall comply with requirements of the California Energy Commission and the Illuminating Engineering Society of North America for illumination levels; and (Aesthetics; Planning and Building) 52. that the following provisions shall be incorporated into the grading and construction contracts to address the potential to encounter currently unknown cultural resources: a. Prior to the initiation of construction or ground -disturbing activities, all construction personnel shall receive environmental training that will include discussion of the possibility of buried cultural and paleontological resources, including training to recognize such possible buried cultural resources, as well as the procedure to follow if such cultural resources are encountered. b. Retain Project Archaeologist. Since the project area contains a portion of one recorded Native American archeological resource, and other previously unknown prehistoric or historic cultural deposits may be encountered elsewhere in the project site during �: Register online to receive City of Burlingame e-mail updates at www.burlingame.org :: May 27, 2008 1800 Trousdale Drive Page 10 excavations, the City shall retain the services of a qualified archaeological consultant meeting federal criteria under 36 CFR 61, and who has expertise in California prehistory and urban historical archaeology. C. If potential historical or unique archaeological resources are discovered during construction, all work in the immediate vicinity shall be suspended and alteration of the materials and their context shall be avoided pending site investigation by a qualified archaeological or cultural resources consultant retained by the project applicant. The immediate vicinity wherein work shall be suspended shall be approximately 50 feet from the discovery or within an appropriate distance to be determined by the archaeologist or cultural resources consultant. Construction work shall not commence again until the archaeological or cultural resources consultant has been given an opportunity to examine the findings, assess their significance, and offer proposals for any additional exploratory measures deemed necessary for the further evaluation of and/or mitigation of adverse impacts to any potential historical resources or unique archaeological resources that have been encountered. d. If the find is determined to be an historical or unique archaeological resource, and if avoidance of the resource would not be feasible, the archaeological or cultural resources consultant shall prepare a plan for the methodical excavation of those portions of the site that would be adversely affected. The plan shall be designed to result in the extraction of sufficient volumes of non -redundant archaeological data to address important regional research considerations. The work shall be performed by the archaeological or cultural resources consultant, and shall result in detailed technical reports. Such reports shall be submitted to the California Historical Resources Regional Information Center. Construction in the vicinity of the find shall be accomplished in accordance with current professional standards and shall not recommence until this work is completed. e. The project applicant shall assure that project personnel are informed that collecting significant historical or unique archaeological resources discovered during development of the project is prohibited by law. Prehistoric or Native American resources can include chert or obsidian flakes, projectile points, mortars, and pestles; and dark friable soil containing shell and bone dietary debris, heat -affected rock, or human burials. Historic resources can include nails, bottles, or other items often found in refuse deposits. f. If human remains are discovered, there shall be no further excavation or disturbance of the discovery site or any nearby area reasonably suspected to overlie adjacent human remains until the project applicant has complied with the provisions of State CEQA Guidelines Section 15064.5(e). In general, these provisions require that the County Coroner shall be notified immediately. If the remains are found to be Native American, the County Coroner shall notify the Native American Heritage Commission within 24 hours. The most likely descendant of the deceased Native American shall be notified by the Commission and given the chance to make recommendations for the remains. If the Commission is unable to identify the most likely descendent, or if no recommendations are made within 24 hours, remains may be re -interred with appropriate dignity elsewhere on the property in a location not subject to further subsurface disturbance. If recommendations are made and not accepted, the Native 1 ®m Register online to receive City of Burlingame e-mail updates at www.burlingame.org ®E May 27, 2008 1800 Trousdale Drive Page 11 American Heritage Commission will mediate the problem. (Cultural Resources; Planning) All site improvements and construction work will require separate application to the Building Department. This approval is valid for one year during which time a building permit must be issued. One extension of up to one year may be considered by the Planning Commission if application is made before the end of the first year. The decision of the Council is a final administrative decision pursuant to Code of Civil Procedure Section 1094.6. If you wish to challenge the decision in a court of competent jurisdiction, you must do so within 90 days of the date of the decision unless a shorter time is required pursuant to state or federal law. William Meeker Community Development Director c. Warner Schmalz, Forum Design, architect 1014 Howard Street San Francisco, CA 94103 Chief Deputy Valuation, Assessor's Office (0.503 AC MOL ON NELY 250.58 FT FR OGDEN DR BEING PTN OF BLOCK 7 MILLS ESTATE NO 3 RSM 39/13 14 15 CITY OF BURLINGAME; APN: 025-121-060) Chief Building Official, Community Development Dept./Building Div. File 'a Register online to receive City of Burlingame e-mail updates at www.burlingame.org M. I Project Comments Date: March 26, 2008 To: X Chief Building Official ❑ Fire Marshal (650) 558-7260 (650) 558-7600 From: Planning Staff Subject: Request for application for amendment to Design Review and Conditional Use Permit for lot coverage for revisions to a previously approved 25 -unit, 7 -story condominium project at 1800 Trousdale Drive, zoned TW, APN: 025-121-060 Staff Review: March 27, 2008 2007 CBC Project Comments 1) On the plans specify that this project will comply with the 2007 California Building Codes (CBC). 2) Provide fully dimensioned plans. 3) Provide existing and proposed elevations. 4) Show the distances from all exterior walls to property lines or to assumed property lines 5) Show the dimensions to adjacent structures. 6) When you submit your plans to the Building Division for plan review provide a completed Supplemental Demolition Permit Application. NOTE; The Demolition Permit will not be issued until a Building Permit is issued for the project. 7) Comply with the 2005 California Energy Efficiency Standards for low-rise residential / non- residential buildings. Go to http://www.energy.ca.gov/title24 for publications and details. 8) Obtain a survey of the property lines for any structure within one foot of the property line. 9) On the plans show that all openings in exterior walls, both protected and unprotected, will comply with Table 704.8. Provide a table or chart that specifies 1) the openings allowed and; 2) the size and percentage of the openings proposed. 10) Rooms that can be used for sleeping purposes must have at least one window or door that complies with the egress requirements. Specify the size and location of all required egress windows on the elevation drawings. 11) Provide guardrails at all landings. NOTE: All landings more than 30" in height at any point are considered in calculating the allowable floor area. Consult the Planning Department for details if your project entails landings more than 30" in height. 12) Provide handrails at all stairs where there are four or more risers. 13) Provide lighting at all exterior landings. 14) The fireplace chimneys must terminate at least two feet higher than any portion of the building within ten feet. Sec. 2113.9 15) Provide a title block on the plans that includes the name of the owner(s) and the name, address, and phone number of the project designer. 16) On your plans provide a table that includes the following: a. Occupancy group for each area of the building b. Type of construction c. Allowable area d. Proposed area e. Allowable height f. Proposed height g. Proposed fire separation distances h. Exterior wall and opening protection i. Allowable ii. Proposed i. Indicate sprinklered or non-sprinklered 17) For applications received after July 1, 2005 the requirements of SB -1025 apply. This statute requires that 10% of all new covered multi -family dwelling units must be provided an accessible route of travel to the primary entry level entrance, public and common use areas and within the dwelling unit, and to one bathroom on the primary entrance level; accessible doors and doorways and; accessible kitchens and bathrooms; grab bar reinforcement around toilets, tubs and showers; and light switches within reach limitations. See also 2007 CBC 1102A.3.2. and definition of "Covered Mulit-Family Dwellings" in 1107A—Definitions. 18) Show compliance with all accessibility regulations found in the 2007 CBC for existing buildings including: a. Accessible paths of travel b. Accessible countertops c. Accessible bathrooms d. Accessible parking 19) Per CBC 3003.5, all structures four or more stories in height must have at least one elevator that can accommodate a stretcher. See the referenced code section for dimensions (80" x 54") and other details. 20) Exterior exit balconies, stairways, and ramps shall be located at least ten (10) feet from adjacent lot lines and from other buildings on the same lot unless adjacent building exterior walls and openings are protected in accordance with Section 704 bases on fire separation distance. 2007 CBC 1024.3 21) Provide a clear, 44" wide access aisle to the all required exits in the parking area. 22) Specify the total number of parking spaces on site 23) The accessible parking shown in the basement must comply with the accessibility requirements of the 2007 CBC. Specifically: a. All entrances to and vertical clearances within the parking structure must have a miidmum vertical clearance of 8'. T' where required for accessibility to accessible parking spaces. Sec. 1109A.8.1 b. At least one of these spaces must be comply with the accessible parking requirements including loading / unloading access aisle and siguage. See CBC 1109A.5 —Unassigned and Visitor Parking Spaces. 24) Include with your Building Division plan check submittal a complete underground fire sprinkler plan. Contact the Burlingame Water Division at 650-558-7660 for details regarding the water system or Central County Fire for sprinkler details. 25) Sewer connection fees must be paid prior to issuing the building permit. 26) A pre -construction meeting must be conducted prior to issuing the permit. After you are notified by the Building Division that your plans have been approved call 650-558-7270 to schedule the pre -construction meeting. Reviewed by: G Rev 2-21-0 Project Comments Date: March 26, 2008 To: O City Engineer (650) 558-7230 O Chief Building Official (650) 558-7260 ❑ City Arborist (650) 558-7254 From: Planning Staff O Recycling Specialist (650) 558-7271 of Fire Marshal (650) 558-7600 Q NPDES Coordinator (650) 342-3727 O City Attorney Subject: Request for application for amendment to Design Review and Conditional Use Permit for lot coverage for revisions to a previously approved 25 -unit, 7 -story condominium project at 1800 Trousdale Drive, zoned TW, EAPN: 025-121-060 Staff Review: No additional comments at this time. This will not be considered a highrise. Reviewed by: i Date:> Project Comments Date: March 26, 2008 To: d City Engineer (650) 558-7230 ❑ Chief Building Official (650) 556-7260 ❑ City Arborist (650) 558-7254 From: Planning Staff ❑ Recycling Specialist (650) 558-7271 ❑ Fire Marshal (650) 558-7600 ❑ NPDES Coordinator (650) 342-3727 ❑ City Attorney Subject: Request for application for amendment to Design Review and Conditional Use Permit for lot coverage for revisions to a previously approved 25 -unit, 7 -story condominium project at 1800 Trousdale Drive, zoned TW, APN: 025-121-060 Staff Review: 1. All previous comments apply. Reviewed by: V V Date: 4/02/2008 Project Comments Date: February 21, 2008 To: a( City Engineer (650) 558-7230 ❑ Chief Building Official (650) 558-7260 ❑ City Arborist (650) 558-7254 From: Planning Staff ❑ Recycling Specialist (650) 558-7271 ❑ Fire Marshal (650) 558-7600 ❑ NPDES Coordinator (650) 342-3727 ❑ City Attorney Subject: Request for FYI for revisions to an approved 25 -unit, 7 -story condominium project at 1800 Trousdale Drive, zoned TW, APN: 025-121-060 Staff Review: February 25, 2008 1. New project plans do not indicate building overhang over the easement area. The maintenance vehicle requirement no longer applies. 2. The tentative condominium map has been approved by City Council. 3. All other previous comments apply. Reviewed by: V V Date: 3/05/2008 PC Item # MEMORANDUM TO: PLANNING DEPAR FROM: PUBLIC WORDS DEP. DATE: DECEMBER 29, 2005 RE: CONDOMINIUM PERMIT FOR CONDOMINIUM PERMIT After reviewing the revised plans from staff memorandum dated December 13, 2005, the following comments which need to be addressed prior to any action. Sanitary sewer analysis is required for this project. The sewer analysis shall identify the project's impact to the City's sewer system and any sewer pump stations and identify mitigation measures. The analysis shall include the anticipated flows from the proposed developments at 1840 Ogden Drive (45 Unit Condominium) and 1818 Trousdale Drive (79 Unit Assisted Living Facility). If any improvements are required from these three developments, this project shall pay its portion of the costs. 2. In addition to the large amount of sanitary sewer flows added by this project, the proposed driveway is to be constructed on top of the City sanitary sewer easement. The sanitary sewer main shall be televised to evaluate the condition of the existing pipe. The existing pipe shall be replaced by this project if the City Engineer determines that the condition of the existing pipe is bad or if the existing pipe will be damaged by the project construction. From project plans, it appears that the proposed curb (property line parallel to Ogden Drive) for the median where new trees are proposed to be planted may obstruct sewer maintenance vehicles from accessing the existing manhole on site. Maintenance vehicles require a minimum horizontal clearance of 8.5 feet. 4. A tentative condominium map is required to be filed. The map shall conform to the Subdivision Map Act requirements. The latest preliminary title report of the subject parcel shall be submitted with the map. 1 PC Item # MEMORANDUM TO: PLANNING DEPARTMENT FROM: CITY ENGINEER DATE: AUGUST 24, 2005 RE: CONDOMINIUMPERMiTFOR28UNITS, TENTATIVE CONDOMINIUMMAP - RESUBDIVISION OF 0.503 ACRE PORTION OF BLOCK 7, MAP OF MILLS ESTATE NO.3 SUBDIVISION - 1800 TROUSDALE DRIVE CONDOMINIUM PERMIT I have the following comments which need to be addressed prior to any action. I GENERAL: Show proposed drainage system and indicate that all roof and site drainage shall go to street:: by gravity. Show direction of drainage on adjacent property to confirm that no drainage enters this site or else that drainage needs to be included in the on-site system. 2. If large trees are to be removed, other plantings shall be shown on plans to help ameliorate the removals with the approval of the Parks Department. 3. Showrequiredsevenfoot(7)minimumclearancesatparkinggaragefloorareasnotjustfloor to floor. Provide room for all pipings,, ducts and fire sprinklers. Disabled parking shall have access and parking area at eight feet two inches (8'2") clear. 4. The proposed overhang (podium) does not allow the City sanitary sewer maintenance vehicles and equipment to access the easement. The minimum height clearance for the maintenance vehicles is 15 feet minimum for a 10 feet easement. Plans shall be revised accordingly. 5. All utilities to this site must be installed underground. Any transformers needed for this site must be installed underground or behind the front setback on this site. Transformers can not be located within the City easement as shown on sheet A2.1. Plans shall be revised to remove the proposed transformer from the City easement. 6. Sanitary sewer analysis is required for this project. The sewer analysis shall identify the project's impact to the City's sewer system and any sewer pump stations and identify mitigation measures. The analysis shall include the anticipated flows from the proposed developments at 1840 Ogden Drive (45 Unit Condominium) and 1818 Trousdale Drive (79 Unit Assisted Living Facility). If any improvements are required from these three developments, this project shall pay its portion of the costs. In addition to the large amount of sanitary sewer flows added by this project, the proposed driveway is to be constructed on top of the City sanitary sewer easement. The sanitary sewer main shall be televised to evaluate the condition of the existing pipe. The existing pipe shall be replaced by this project if the City Engineer determines that the condition of the existing pipe is bad or if the existing pipe will be damaged by the project construction. 8. Sewer backwater protection certification is required. Contact Public Works - Engineering Division at (650) 558-7230 for additional information. 11 SrM AND LANDSCAPE PLANS: 1. Curb, street elevations and a detailed driveway profile are needed. For flood protection, the driveways to all below -grade parking areas must have a high point either at property line or on site that is 12 inches above proposed flow line of street. Back of sidewalk elevation must be at 2% from projected top of curb through driveway. Transitions both up and then down at the street are required as are transitions at the lower level. Driveway slopes along the sanitary sewer easement on sheet A2.1 and on the tentative map are not consistent. Revise the plans to show the correct driveway slope. 2. All irrigation systems and planting shall follow City's water conservation guidelines. 3. Show the location for the fire sprinkler connection that is proposed. All fire system work shall conform to the City's current procedures for underground water systems. 4. All on site catch basins and drainage inlets shall be stencilled. All catch basins shall be protected during construction so no debris will be dumped into them. The City will provide a stencil. I ' ::. 1►CoA 1. Show underground and at -grade parking slab elevations. Maximum slope in any parking space is 5%. Show drainage pattern. 2. Provide all on site drainage inlets or the sump pump basin for the underground garage with a petroleum absorbent system for treating all drainage flows from the automobile parking areas. 3. Provide a sequential dimensional layout of all parking spaces and show remaining structure dimensions (widths and lengths) to confirm structure's dimensions. 4. Guest parking has not been indicated. Indicate guest parking on plans. 5. Show callbox/intercom system to all units from driveway in front of security gate and at the top of the driveway so guests may have access to guest parking spaces. If no gate is planned, install conduit to all units so that if gate is installed in the future, the system may be easily installed. 6. Show which parking spaces belong to which unit. IV ARCHITECTURAL PLANS: 1. Show design of trashroom and indicate size of receptacles, including receptacles for recycling. Confirm sizes needed with BFI. 2. Elevator sump drainage shall go to sanitary sewer and shall be separate from groundwater system which is to go to the storm drainage system. 3. The sewer ejection system (shown in garage plans) does not indicate the pit, ventilation, etc. Sewer ejection system must be on the emergency generator also. 4. Individual unit climate controls as well as separate shutoffs for gas, electric and water are required. VI TENTATIVE MAPS: (FOR STUDY MEMO ONLY -SEPARATE MEMO FOR FINALI 1. A tentative condominium map is required to be filed prior to issuance of the Building Permit. The map shall conform to the Subdivision Map Act requirements. The latest preliminary title report of the subject parcel shall be submitted with the map. 2. Add note that "#_ Condominium Units are as shown, Architectural Plans prepared by _ 3. The CCR's for this map must be approved by the City Attorney and conform to all approval conditions and City Codes. c: Owner, Architect FAWPsi\Fass\cormoh+AP.avw (asvrsm 00198) 3 Project Comments Date: 08/01/2005 To: ❑ City Engineer ❑ Chief Building Official ❑ City Arborist ❑ City Attorney From: Planning Staff X Recycling Specialist ❑ Fire Marshal ❑ NPDES Coordinator Subject: Request for environmental review, condominium permit, parking variance and lot coverage variance for a new, 7 -story, 28 -unit residential condominium at 1800 Trousdale Drive, zoned C-3 (w/ R- 4 overlay) , APN: 025-121-060 Staff Review: 08/08/2005 Applicant shall submit a Waste Reduction Plan and Recycling Deposit for this and all covered projects prior. to any demolition, construction or permitting. Reviewed by: (-,\-, ((fix Date: �)0V -r BARE STAFF REPORT AGENDANO: 8f a MEETING DATE: July 6, 2015 To: Honorable Mayor and City Council Date: July 6, 2015 From: Syed Murtuza, Director of Public Works — (650) 558-7230 Subject: Adoption of a Resolution Approving a Public Works Mutual Aid Agreement RECOMMENDATION Staff recommends that the City Council approve the attached Countywide Public Works Mutual Aid Agreement with participating agencies in San Mateo County. BACKGROUND The heavy winter storms of late 2012 and early 2013 affected several communities on the Peninsula. During the storm event response, the San Mateo County Office of Emergency Services (OES) encountered significant difficulties in obtaining public works mutual aid assistance for hard-hit areas. As a result, in February 2013, OES staff attended the monthly meeting of the City/County Engineers' Association of San Mateo County (CCEA) and requested their assistance in rectifying this problem. CCEA assigned two Public Works Directors to work on this issue, and a working subcommittee was established the next month. DISCUSSION Utilizing a current agreement from San Diego County as a template, the subcommittee met several times over the next 18 months to develop the agreement for San Mateo County. Draft portions of the document were reviewed in-depth by two City Attorneys, by OES staff, and by members of CCEA. The concept idea was presented to the San Mateo City/County Managers at one of their regularly scheduled meetings, and it was presented twice to the Emergency Services Council of the San Mateo County Operational Area Emergency Services Organization. A final draft of the proposed new agreement was routed to all Public Works Directors in late 2014, with no comments received thereon. Finally, the document was forwarded to County Counsel, who accepted the assignment to act as a clearinghouse for the agreement, and forwarded the agreement to all Countywide City Attorneys for their review. The purpose of this Agreement is to provide an organized means of providing voluntary mutual aid to neighboring jurisdictions in the event of a disaster. The agreement provides for sharing resources by participating agencies and helps in effectively managing disaster response. In many ways, this provision of aid is similar to what already exists among the Police and Fire services. The language of the Agreement and its accompanying Procedures Guide specifically envision 1 Resolution Approving a Public Works Mutual Aid Agreement July 6, 2015 establishing a "zone" concept of aid that mirrors existing and developing zones in Police and Fire Mutual Aid concepts. The Agreement requires that the `Requesting Party' reimburse the "Assisting Party' for all of its costs of providing assistance within 60 days. The advantage provided to the "Requesting Party" by the Agreement is that pre-existing arrangements for the provision of services are often necessary to promptly obtain reimbursement from state (i.e., California Disaster Assistance Act) or federal (i.e., Federal Emergency Management Agency) funds. A similar agreement was adopted by the San Mateo County in 1994, which was supposed to have been forwarded to the cities for adoption. However it is unclear whether any of the cities adopted the agreement, as no records were found. As a result, San Mateo County rescinded the 1994 agreement and is circulating the new Agreement to the cities for adoption. FISCAL IMPACT None Exhibits: • Resolution • Public Works Mutual Aid Agreement • Public Works Mutual Aid Agreement Procedures Guide 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING A PUBLIC WORKS MUTUAL AID AGREEMENT WITH THE COUNTY OF SAN MATEO WHEREAS, the County of San Mateo and the cities in San Mateo County have expressed a mutual interest in the establishment of a plan to encourage public works mutual aid agreements; and WHEREAS, the City Council has determined that it would be in the City's best interest to participate in a Public Works Mutual Aid Agreement; and WHEREAS, Section 8630 et seq. of the State of California Government Code grants local agencies full power to provide mutual aid pursuant to established agreements; and WHEREAS, a form of agreement for public works mutual aid has been presented to this Council and considered. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF BURLINGAME AS FOLLOWS: 1. Any earlier agreement the City may have entered into relative to the June 14, 1994 Public Works Mutual Aid Agreement for San Mateo County is hereby revoked and rescinded, and any such agreement is null and void. The May 29, 2015 County of San Mateo Public Works Mutual Aid Agreement is hereby adopted, and the Director of Public Works is hereby authorized as the City of Burlingame's coordinator for the Public Works Mutual Aid. Mayor I, MARY ELLEN KEARNEY, 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 6T" day of July, 2015, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: City Clerk County of San Mateo Public Works Mutual Aid Agreement This Public Works Mutual Aid Agreement ("Agreement' or "Mutual Aid Agreemenf') is made and entered into this 29th day of May, 2015, by and between the parties signatory below (hereinafter individually referred to as "Party" or collectively referred to as the "Parties" to this Agreement). WHEREAS, it is desirable and necessary for the protection of life, property and the environment that each of the Parties hereto voluntarily aid and assist each other by the interchange of public works services and resources in the event of an emergency; and WHEREAS, County of San Mateo's Department of Public Works and all twenty (20) cities within the County of San Mateo ("County") have expressed an interest in the establishment of a plan to facilitate and encourage Public Works Mutual Aid Agreements throughout the County of San Mateo; and WHEREAS, the Parties have determined that it would be in their best interests to enter into a Mutual Aid Agreement that implements a plan and sets forth procedures and responsibilities of the Parties whenever emergency personnel, equipment, and facility assistance is provided from another Party's public works department to the other, and WHEREAS, no Party should be in a position of unreasonably depleting its own resources, facilities, or services providing such mutual aid; and WHEREAS, such an agreement is in accord with the California Emergency Services Act ("Act") set forth in Title 2, Division 1, Chapter 7 (Section 8550 et seq.) of the Government Code and specifically with Article 14 (Section 8630 et seq.) of the Act; and WHEREAS, all Parties must use protocols established in the Standardized Emergency Management System and the National Incident Management System to be eligible for possible state or federal reimbursement of response -related personnel and resource costs. In consideration of the conditions and covenants contained herein, the Parties agree as follows: 1. Definitions. For this Agreement, the following terms shall be ascribed the following meanings: a. "Assisting Coordinator" shall mean the Coordinator of a Party providing public works mutual aid. County of San Mateo Public Works Mutual Aid Agreement i b. "Assisting Party" shall mean the Party to this Agreement providing public works mutual aid to another Party. c. "Coordinator" shall mean the person designated by each Party to act on behalf of that Party on all matters relative to public works mutual aid, to include but not be limited to requests, responses, and reimbursement. This term also includes the following distinct Coordinators: a. Operational Area Coordinator is the individual who arranges and coordinates distribution of public works mutual aid countywide. b. Zone Coordinator is the individual who coordinates distribution of public works mutual aid from resources assigned by the operational area to local jurisdictions within a geographic zone. c. Local Coordinator is the individual who fulfills the functionally equivalent role of a city or town Public Works Branch Director. d. "Local Emergency" shall mean the actual or threatened existence of conditions of disaster or extreme peril to the safety of persons or property within the territorial limits of one of the Parties caused by human or natural conditions such as air pollution, fire, flood, storm, wind, earthquake, explosion, transportation accident, hazardous material problem, tsunami, sudden or severe energy shortage, epidemic, riot or other occurrences, other than conditions resulting from a labor controversy, which occurrences, or the immediate threat thereof, are likely to be beyond the control of the personnel, equipment, or facilities of that Party to this Agreement and which personnel, equipment or facilities of the other Party are therefore desired to combat. e. An "Operational Area" for the coordination of Public Works Mutual Aid will be San Mateo County and all the jurisdictions within the County that are Parties to this Agreement. Consistent with the Standardized Emergency Management System, the Operational Area is an intermediate level of the state emergency services organization, which serves as a link in the systems of communications and coordination between the political subdivisions comprising the Operational Area and the Regional or State Emergency Operations Center (s). f. "Requesting Coordinator" shall mean the Coordinator of a Party requesting public works mutual aid. g. "Requesting Party" shall mean the Party to this Agreement requesting public works mutual aid. 2. Designation of Coordinator. Coordinators shall be designated by each Party, the Title, Name, Address, and Phone Number of the Coordinator shall be provided to the County of San Mateo Public P*orka Mutual Aid Agreement 2 Operational Area Coordinator designated in Paragraph 20 hereinafter. If said designation changes, the Parties shall notify the Operational Area Coordinator as soon as practical after the appointment has been made. 3. Mutual Aid. When a local emergency has been proclaimed by a Party's governing body or authorized official, the Requesting Coordinator may request assistance from the Parties. In situations where extreme imminent threat to life, property, or the environment exists, the requirement for a proclamation before providing assistance may be waived under the presumption that such a proclamation will be made in accordance with all local and state regulations as promptly as reasonably possible. 4. Availability. The Parties agree that the mutual aid extended under this Agreement and the operational plans implementing this agreement are to be available and furnished in all cases of emergencies regardless of type, provided that such mutual aid does not compromise any Party's ability or capacity to respond to calls for service within its own jurisdiction. When request for assistance is received, the Assisting Coordinator will promptly advise of the extent of response, provide whatever personnel, equipment, and facilities are available without jeopardizing the safety of persons or property within their jurisdiction. No Party receiving a request for assistance shall be under any obligation to provide assistance or incur any liability for not complying with the request. 5. Return of Resources. When the Assisting Party's personnel, equipment, or facilities are no longer required, or when the Assisting Coordinator advises that the resources are required within their own jurisdiction, the Requesting Coordinator shall immediately arrange for the return of those resources. 6. Safekeeping of Resources. The Requesting Party shall be responsible for the safekeeping of the resources provided by the Assisting Party. The Requesting Coordinator shall remain in charge of the incident or occurrence and shall maintain control and direction of the resources provided by the Assisting Party. The request may include the provision of supervisory personnel to take direct charge of the resources under the general direction of the Requesting Coordinator. The Requesting Party shall make arrangements for feeding and/or assisting personnel, and for fueling, servicing, and repair of equipment unless the Assisting Coordinator agrees that these arrangements are not necessary or are to be provided by the Assisting Party. 7. Employment Status. The Assisting Party's personnel shall not be deemed employees of Requesting Party and vice versa. 8. Insurance. Each Party shall be responsible to provide, in its own discretion, at its sole expense, sufficient insurance for its personnel and entity. County of San Mateo Public Works Mutual Aid Agreement 3 9. Worker's Compensation. Each Party shall provide, at its sole expense, the required worker's compensation insurance coverage necessary for its own employees. It is recognized that at such times as one Party provides aid to another Party under the terms of this Agreement, the employees of the Assisting Party may claim to have become special employees on a temporary basis of the Requesting Party. Should any such claim result in any worker's compensation claim being asserted, it is hereby agreed that each such claim shall be the responsibility and liability of the Assisting Party as general employer to process, defend, and pay, if necessary. 10. Mutual Aid Costs. The Requesting Party agrees to pay all reasonable direct, indirect, administrative and contracted costs of the Assisting Party incurred as a result of providing assistance under this Agreement, based upon standard rates applicable to Assisting Party's internal operations. Payment shall be made within sixty (60) days after receipt of a detailed invoice. Payment may be delayed if agreed upon by both Parties. Requesting Party shall not assume any liability for the direct payment of any salary or wages to any officer or employee of the Assisting Party. 11. Defense and Indemnification. 11.1 Claims Arising from Sole Acts or Omissions of a Party Each Party to this Agreement hereby agrees to defend and indemnify the other Parties to this Agreement, their agents, officers and employees, from any claim, action or proceeding against another Party, arising solely out of its own acts or omissions in the performance of this Agreement. At each Party's sole discretion, each Party may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve any Party of any obligation imposed by this Agreement. Parties shall notify each other promptly of any claim, action or proceeding and cooperate fully in the defense. 11.2 Claims Arising from Concurrent Acts or Omissions. The Parties hereby agree to defend themselves from any claim, action, or proceeding arising out of the concurrent acts or omissions of the Parties. In such cases, Parties agree to retain their own legal counsel, bear their own defense costs, and waive their right to seek reimbursement of such costs, except as provided in paragraph 11.3 below. 11.3 Joint Defense. Notwithstanding paragraph 11.2 above, in cases where Parties agree in writing to a joint defense, Parties may appoint joint defense counsel to defend the claim, action, or proceeding arising out of the concurrent acts or omissions of Parties, Joint defense counsel shall be selected by mutual agreement of said Parties. Parties agree to share the costs of such joint defense and any agreed settlement in equal amounts, except as provided in paragraph 11.4 below. Parties further agree that no Party may bind the others to a settlement agreement without the written consent of the others. County of San Mateo Public WOrka Mutual Aid Agreement 4 11.4 Reimbursement and/or Reallocation. Where a trial verdict or arbitration award allocates or determines the comparative fault of the Parties, those Parties may seek reimbursement and/or reallocation of defense costs, settlement payments, judgments and awards, consistent with such comparative fault. The Parties expressly waive pro rata allocation off liability under Government Code Section 895.6. 12. No Waiver. This agreement shall in no way abrogate or waive any of the immunities available under Federal, State, and local law and regulations, including but not limited to the California Emergency Services Act, Government Code sections 8655 et seq. 13. Records. When mutual aid is provided, the Requesting and Assisting Parties will keep account records of the personnel, equipment, mileage, and materials provided as required by Federal and State law, the California Disaster Assistance Act, and FEMA guidelines to maximize the possibility of Federal and State disaster reimbursement. Each Party shall have access to another Party's records for this purpose. 14. Effective Date. This agreement shall take effect immediately upon its execution and shall remain in effect until terminated. 15. Withdrawal. Any Party may withdraw from this agreement, with or without cause, upon delivery of one -hundred twenty (120) days prior written notice to the Operational Area Coordinator designated in Paragraph 20 below. 16. Prior Agreements. To the extent that they are inconsistent with this agreement, all prior agreements for Public Works Mutual Aid between the Parties are hereby null and void. This agreement expressly supersedes the June 14, 1994 "Public Works Mutual Aid Agreement' entered into by the County of San Mateo and the cities in San Mateo County. This process does not preclude any routine or shared services for which the Parties may provide, may already have contracted, or may contract in the future. 17. Multiple Requests. Requests for public works mutual aid under this agreement when more than one city is impacted by an emergency will be channeled through the Operational Area Coordinator, whether or not that individual is activated as part of a Department Operations Center or as part of the San Mateo County Operational Area Emergency Operation Center, to ensure maximum effectiveness in allocating resources to the highest priority needs. 18. Dispute Resolution. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. County of San Mateo Public Works Mutual Aid Agreement 5 19. Tort Claims Act. This agreement in no way acts to abrogate or waive any immunity available under the Tort Claims Act. 20. Operational Area Coordinator. The County of San Mateo Department of Public Works shall act as the initial Operational Area Coordinator of this program for the purpose of: a. Receipt of new members to the agreement. b. Maintaining a current list of signatory Parties and Coordinators. c. Establishing and maintaining a list of Local Coordinators who have volunteered to serve as a Zone Coordinator. d. Circulating annually a list of all Parties and Coordinators to all signatory Parties. e. Arranging for amendments to the Agreement as may be necessary. The Party acting as Operational Area Coordinator may transfer these responsibilities to another Party with the consent of that Party and upon notification of the other Parties. 21. Execution. All Parties agree that any other qualified public agency or quasi -public agency may become a Party to this Agreement by executing a duplicate copy of this Agreement and sending same to the Operational Area Coordinator, initially the County of San Mateo Department of Public Works, addressed as follows: Public Works Director County of San Mateo 555 County Center, 5a' Floor Redwood City, CA, 94063-1665 22. Third Party Beneficiaries. Nothing set forth in this Agreement shall create, nor is it intended to create, third party beneficiaries with rights to enforce any clause, condition or term of this Agreement, or assert a claim or cause of action for breach of this Agreement. 23. Severabilitv. Should any term or provision of this Agreement be determined to be illegal or in conflict with any law, the validity of the remaining portions or provisions shall not be affected thereby. Each term or provision of this Agreement shall be valid and enforced as written to the fullest extent permitted by law. County of San Mateo Public works Mutual Aid Agreement 6 IN WITNESS WHEREOF, each Party has caused this Agreement to be executed and attested by its proper officers thereunto duly authorized, as follows: Signatories Resolution/Action Number — �— Date of Adoption Atherton Belmont --- Brisbane-- Burlingame Colma Daly City East Palo Alto Foster City Half Moon Bay Hillsborough Menlo Park Millbrae Pacifica Portola Valley Redwood City San Bruno San Carlos San Mateo South San Francisco Woodside County of San Mateo County of San Mateo Public Works Mutual aid Agreement 7 F- Nk(':11'Aladd • f:.uur,'rununumspdisu' brdreprttt(lLmmini - June. 1994 RESOLVED, by tltc 130:11'd ul Supervisors of ltie County ul San Mateo, Slate of California, that WHEREAS, the County ul' San Malcu and the cities in San Mateo County have expressed a mutual interest in Ilie csuthlisimmit ui a plan it) encourage public works mutual aid agreements; and WHEREAS, llik Board has th•tvrmiacd that it tundtl be in the Couniy'S best interest to participate in a Public Worlis Mutual Aid lllatn: and WHEREAS, Section 8630 et, seq. ui'the Stale ul' C'alililrnia Government Code allows local government agencies to enler into Mutual Aid A°rcealelllS; and WHEREAS, there has been presented to this Board it form of agreement and this Board has considered same: NOW, THEREFORE, IT IS HERL• BY Dl:,IT'R.'*HN :D AND ORDERED as follows: CC: Bendt Paxton John Hopkins NRC �''y`^-� Milt Mares OB -- Wa;er Martone WDC WF mill FJ 58365 Resohuion No. BBK OCK Bonrd of Supervisors, Cuunl� ul' San N iocu, State of, Catii'ornia JO TO CLIP DIY DF' ----Resolution Aulhoilzi ig the Iseviilwn ufa Public Works Mutual Aid Ag1'C('It ent acz v... _ „ and Designating g the U(1'l•CI UI' UI I liblt(' 11'UI'lcs as the n County!s Cuordimittli- Im, Said Agi'('enieill RESOLVED, by tltc 130:11'd ul Supervisors of ltie County ul San Mateo, Slate of California, that WHEREAS, the County ul' San Malcu and the cities in San Mateo County have expressed a mutual interest in Ilie csuthlisimmit ui a plan it) encourage public works mutual aid agreements; and WHEREAS, llik Board has th•tvrmiacd that it tundtl be in the Couniy'S best interest to participate in a Public Worlis Mutual Aid lllatn: and WHEREAS, Section 8630 et, seq. ui'the Stale ul' C'alililrnia Government Code allows local government agencies to enler into Mutual Aid A°rcealelllS; and WHEREAS, there has been presented to this Board it form of agreement and this Board has considered same: NOW, THEREFORE, IT IS HERL• BY Dl:,IT'R.'*HN :D AND ORDERED as follows: Regularly passed and adopted this 14th day of lune, 1994. AYES and in favor of said resolution: MARY GRIFFIN Supervisors: TOM HUENING TED LEMPERT RUBEN BARRALES MICHAEL D. NEVIN NOES and against said resolution: Supervisors: _ NONE Absent Supervisors: NONE (SEAL) TOM IIUENING President, Board of Supervisors County of San Mateo State of California Certificate of Delivery (Government Code section 25103) I certify that a copy of the original resolution filed in the Office of tate Clerk of the Board of Supervisors of San Mateo County has been delivered to the President of the Board of Supervisors. RIC RD . SILVb, Clerk of the Board of Supervisors STATE OF CALIFORNIA COUNTY OF SAN MATEO DALE ELLEN YOUNG, Deputy Clerk, Board of Supervisors, does hereby that the above and foregoing is a full, true and correct copy of Resolution No. 9 entered in the minutes of said Board. In Witness Whereof, I have hereunto set my hand and the seal of said Board this 14th day of lune, 1994. DALE ELLEN YOUNG Deputy Clerk, Board of Su isors PURBUDNAL PUBLIC WOPXS MUTUAL AID AGREEMENT FOR SAN MATEO COUNTY THIS MUTUAL AID AGREEMENT ["Agreement"] is made and entered into as of the jq", day of 0-W , 1994s by those parties who have adopted and signed this agreement. WHEREAS, the California Office of Emergency Services, the League of California Cities, the County Supervisors Association of California, and the American Public Works Association have expressed a mutual interest in the establishment of a plan to facilitate and encourage public works mutual aid agreements between political subdivisions throughout California; and WHEREAS, the parties hereto have determined that it would be in their beat interests to enter into an agreement that implements that plan and sets forth procedures and responsibilities of the parties whenever emergency personnel, equipment and facility assistance is provided from one party's public Work Department to another; and WHEREAS, no party should be in a position of depleting unreasonably its own resources, facilities, or services providing such mutual aid; and WHEREAS, ouch an agreement is in accord with the California Emergency Services Act set forth in Title 2, Division 1, Chapter 7 [Section $550 at. seq.] of said Act. NOW, THEREFORE, in consideration of the conditions and covenants contained herein, the parties hereto agree as follows: 2. For this agreement, the following terms shall be ascribed the following meanings: A. "coordinator" shall mean the person designated by each party to act on behalf of that party on ail matters relative to mutual aid, to include but not be limited to requests, responses, and reimbursement. B. "Local Emergency" shall mean the actual or threatened existence of conditions of disaster or extreme peril to the safety of persons or property within the territorial limits of one of the parties caused by human or natural conditions such as air pollution, fire, flood, storm, wind, earthquake, explosion, transportation accident, hazardous material problem, tsunami, sudden or severe energy shortage, epidemic, riot or other occurrences other than conditions resulting from a labor controversy, which occurrences or the immediate threat thereof are likely to be beyond the control of the personnel, equipment, or facilities of that party to this agreement and which personnel, equipment, or facilities of the other party are therefore desired to combat. C. The Agreement Coordinator shall be the Director of Public Works of San Mateo County. 2. Coordinators designated by each party shall be designated by title, agency, address, and phone number. if said Coordinator changes, the other parties to the agreement shall be notified in writing as soon as practical after the appointment has been made. Said notification shall be made through the "Agreement Coordinator" designated in item 17 hereinafter. 3. The Coordinator may request assistance when the Coordinator has determined that there is an actual or threatened local emergency as defined herein or when a local emergency has been proclaimed by a party's governing body or authorized official. 4. When a request for assistance is received, the assisting Coordinator shall promptly advise of the extent of response, provide whatever personnel, equipment and/or .facilities as can be provided without jeopardizing the safety of persons or property within their jurisdiction. No party receiving a request for assistance shall be under an obligation to provide assistance or incur any liability for not complying with the request. 5. when the assisting Coordinator's personnel, equipment and/or facilities are no longer required or when the assisting Coordinator advises that the resources are required within their own jurisdiction, the requesting Coordinator shall immediately arrange for the return of those resources. 6. The requesting party shall be responsible for the reasonable safekeeping of the resources provided by the assisting party. The request may include providing supervisory personnel to take direct charge of the resources under the general direction of the requesting Coordinator. The requesting Coordinator shall make arrangements for housing and feeding the assisting personnel, fueling, servicing, and repair of equipment if such support is requested by the assisting Coordinator. The assisting party's personnel shall not be deemed employees of the requesting party, and vice versa. 7. The requesting party agrees to reimburse the assisting party for all materials provided on a direct cost basis. Payment shall be made within ninety [90] days after receipt of a detailed invoice. However, the requesting party shall not be required to reimburse the responding party for any direct or indirect salary costs, equipment costs, or overhead costs for the personnel, equipment, and/or facilities provided by the responding party pursuant to this agreement unless the requesting party receives federal or state disaster reimbursement covering such costs. (1) The requesting party agrees to make every reasonable effort to obtain federal and state disaster reimbursement. if the requesting party received federal or state disaster reimbursement covering the costs incurred by the responding agency, then it shall reimburse the responding agency _within.ninety.[90]. days o£ -receipt of reimbursement. - 8. The requesting party shall hold harmless, indemnify and defend the assisting party, its officers, agents and employees against all liability, claims, losses, demands or actions for injury to or death of a person or persons or damages to property arising out of or alleged to arise our of or in consequence of this agreement, provided such liability, claims, losses, demands or actions are claimed to be due to the note or omissions of the requesting party, its officers, agents or employees, or employees of the assisting party working under the direction and control of the requesting party when the act or omission of such assisting party occurs or is alleged to occur within the scope of employment under the direction and control of the requesting party. 9. When mutual aid is provided, the requesting and assisting agencies will keep financial accounting records of the personnel, equipment, and materials provided as required by Federal and State and FEMA guidelines to maximize the possibility of Federal and State disaster reimbursement. Each party shall have access to the other party's financial records for this purpose. 10. This agreement shall take effect immediately upon its execution and shall remain in effect until terminated. 11. Any party may withdraw from this agreement without cause and upon delivery of sixty [60] days prior notice in writing to the Agreement coordinator designated in item 1 hereinafter and all other signature agencies. 12. To the extent that they are inconsistent with this agreement, all prior agreements for public works mutual aid between the parties hereto are hereby null and void. 13. Request for mutual aid assistance under this agreement when more than one county is impacted by a disaster shall be channeled through the appropriate regional State Office of Emergency Services to ensure maximum effectiveness in allocating resources to the highest priority needs. 14. Any controversy or claim arising out of or relating to this agreement or the breach hereof shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and the judgement on the award rendered by the arbitrator[s] may be entered in any court having jurisdiction thereof. 15. This agreement in no way acts to abrogate or waive any immunity available under the Tort claims Act. 16. Each party to this agreement agrees to: A. maintain a current list of signatory parties and "coordinators." The current list shall be disseminated annually to each party by the Agreement Coordinator. B. advise the other parties, through the Agreement Coordinator, of any changes in its designated "Coordinator." C. coordinate any proposed amendments to this agreement through the Agreement Coordinator. 17. other governmental agencies, utilities and special districts may become new members to this agreement upon mutual consent of all the participating parties. IN WITNESS HEREOF, the parties hereto have executed this agreement by their duly authorized officers on the dates hereinafter indicated. BY: 1 Certificate of Delivery (Government Code section 25103) T certify that a copy of the original document filed in the Office of the Department of Public Works has been delivered to the President o tl e Board of Supervisors. Clerk of the Board of Supervisors County of San Mateo Public Works Mutual Aid Agreement Procedures Guide PURPOSE The purpose of this Procedures Guide is to provide Parties to the Public Works Mutual Aid Agreement with a practical set of guidelines on how to effectively provide and receive public works assistance. The terms of the Agreement shall govern in the event there is any actual or apparent conflict between this procedure guide and the Agreement. The following provisions are suggested guidelines only and not binding on any agency. These provisions should be modified and expanded as necessary to meet the unique needs, emergency organizational structure, and working relationships of each operational and regional area. H. TENETS OF OPERATIONAL AREA PUBLIC WORKS MUTUAL AID I. The most effective means of providing timely assistance to a jurisdiction impacted by a disaster is to have agreements in place in advance of the disaster. 2. Assistance is voluntary. 3. Assistance provided shall be reimbursed by the requesting jurisdiction. 4. Jurisdictions should reasonably commit their own resources before requesting mutual aid. 5. A Proclamation of a Local Emergency is necessary to activate the agreement, unless waived by the Parties per paragraph 3 of the Agreement. 6. Cooperative planning and training are desirable to enhance the effectiveness of providing mutual aid when needed. III. PROCEDURES FOR PUBLIC WORKS MUTUAL AID 1. Designated Public Works Coordinator The Agreement specifies that the "Coordinator" shall mean the person designated by each party to act on behalf of that party on all matters relative to public works mutual aid, including but not limited to requests, responses and reimbursement. It is suggested that the Coordinator be a person who during a disaster would be authorized to request public works resources and bind their agency for the cost of these resources. The Coordinator should also be in a position to authorize the providing agency to release personnel and equipment to the agency impacted by the disaster. County of San Mateo Public Works Mutual Aid Agreement Procedure Guide I It is suggested that alternate coordinators be designated in case the primary coordinator is unavailable during the disaster. 2. WebEOC Communication To obtain Public Works assistance, a planned method of communicating requests is essential. This includes using WebEOC as the primary means to process the request and maintain lines of communication. It is recommended that WebEOC be used to request assistance using the Resource Task (ICS-213RR). Communication via telephone, radio, microwave, etc. may be necessary in the early phases of an incident to ensure requests are being received and processed in a timely manner, and may also be used as secondary communication channels. 3. Operational Area Concept The Agreement notes that an Operational Area, normally a County and all the jurisdictions within the County, will be the basic unit for coordinating public works mutual aid. Additionally, the coordination and assistance provided will generally mirror the zone concept of mutual aid under development by the San Mateo County Office of Emergency Services. Additionally, parties to the Agreement are expected to work cooperatively to pre -plan standardized response "packages" ofresources to be provided to the varying levels of incident complexity identified in the National Incident Management System (NIMS). 4. California Office of Emergency Services (Cal OES) Role Cal OES is expected to support public works mutual aid assistance under the agreement by offering assistance to the Regional and Operational Public Works Coordinator, and act as Statewide Coordinator for seeking mutual aid resources if required from beyond the impacted region. 5, Resource Lists and Contacts It is strongly recommended that lists of public works resources be developed for each participating agency in the Operational Area. This list should be populated in the resources section of WebEOC and regularly reviewed and updated. Such lists are essential for the Operational Area Coordinator to quickly identify which agencies have the particular types of resources needed by the requesting impacted agency. The designated Local Coordinator for each jurisdiction should develop a detailed list of resources for their agency by quantity, type of personnel equipment, materials, and a contact number to check on its availability when needed. It is suggested that the coordinator then provide a brief summary of that information to the operational area coordinator. It is suggested that each party develops common standardized terminologies for resources to facilitate categorizing and compiling these inventory lists. However, the development of the standardized terminology should not impede the development of these resource lists. County of San Mateo Public Works Mutual Aid Agreement Procedure Guide 2 6. Arrange Care for AssistingForces orces The Agreement requires that the Requesting Party be responsible for the safekeeping of the resources provided by the Assisting Party. 7. Documentation for Reimbursement In accordance with the Agreement, each requesting and assisting party is required to keep accounting records of the personnel, equipment, and materials provided under the Mutual Aid Agreement as required by the Federal Stafford Act administered by the Federal Emergency Management Administration (FEMA) and State guidelines. This requirement is to maximize the requesting agencies reimbursement of costs expended to receive mutual aid. Each party to the Agreement should become thoroughly familiar with those federal and state accounting requirements and pre -establish emergency management procedures and training of their personnel to carefully docurnent all costs of labor, equipment and personnel, including administrative costs, accounted by specific damage location. These practices are not only for mutual aid reimbursement but for reimbursement of all agency costs associated with the disaster. 8. Proclamation of Emergency The Agreement requires that a Proclamation of Local Emergency must be approved by an authorized official of the impacted jurisdiction. A State of Emergency should also be requested through the Operational Area for approval by the Governor to authorize State reimbursement and, if warranted, a request for a Presidential Proclamation of Emergency to authorize federal reimbursement, Each Agency should include in their emergency plan a provision to seek such a proclamation from the authorized official in their jurisdiction as soon as they can reasonably determine that the disaster will be beyond the scope of mutual aid assistance. Because cumulative estimates of damage across the county may be combined to establish a basis for reimbursement from the state and a gubernatorial declaration of emergency, the collection and provision of damage estimates to the Operational Area for any incident that might have countywide implication is important in obtaining external resources. 9. Agency in Charge The Agreement provides that the Requesting Coordinator shall remain in charge of the incident and provide direction and control to the resources provided by the assisting party. The request may also include having the Assisting Party providing supervisory personnel to take direct charge of their forces under the overall direction of the Requesting Coordinator. The intent is that the Assisting Party will comply with all reasonable directions from the Requesting Coordinator. However, the Assisting Party should not be obligated to perform any work that it reasonably believes would unduly jeopardize the safety of its employees. County of San Mateo Public Worka Mutual Aid Agreement Procedure Guide 3 10. Checklists for Re uq_esting Mutual Aid Each Party to the Agreement is encouraged to develop checklists for their Coordinator to use in assuring that all required steps are followed to properly and effectively seek and provide Public Works Mutual Aid for the benefit of the impacted area and protection of the assisting party. These checklists should establish who is to carry out each essential function both internally to the agency and externally, and contact numbers and means for reaching them. Attachment A (San Mateo County Operational Area Public Works Checklist for Mutual Aid Assistance) is a sample checklist. County of San Mateo Public works Mutual Aid Agreement Procedure Guide 4 San Mateo County Public Works Checklist for Mutual Aid Assistance I. Pre -Event Attachment A Develop procedures at the local operational area to carry out mutual aid including checklists of actions, resource lists, etc. II. Post Event 1. Local Agency quickly assesses estimated extent of damage and availability of local resources to respond. 2. If it is apparent that outside resources will be needed to effectively deal with the emergency, promptly authorize local official to request Proclamation of Local Emergency and, if warranted, request State of Emergency Proclamation through the Operational Area Emergency Operation Center. 3. Upon proclamation of local emergency, request mutual aid assistance from Operational Area Public Works Mutual Aid Coordinator according to pre -established procedures in WebEOC. 4. Ensure request is specific as to type and quantity of resources needed, when to report, who to report to, how long needed, type of work to be performed. Once a providing party can be located to satisfy the resource request, the coordinator will determine how quickly these resources can be made available and notify the requesting party of that fact. 5. The requesting party will make all necessary arrangements to care for the assisting parry's personnel and equipment if needed. 6. The requesting party will carefully document all costs by specific damage site according to State and Federal procedures to maximize reimbursement for costs. Carefully record the names of assisting personnel and equipment at each site, hours worked, and mileage. 7. The requesting parry should return the assisting party's resources as soon as possible. County of San Mateo Public Works Mutual Aid Agreement Procedure Guide 9 BURL,INGAME STAFF REPORT AGENDA NO: 8g MEETING DATE: July6, 2015 To: Honorable Mayor and City Council Date: July 6, 2015 From: Leslie Loomis, Human Resources Director— (650) 558-7209 Subject: Adoption of a Resolution Establishing Salary Ranges for the Deputy/Assistant City Attorney, Program Outreach Specialist and Training Coordinator Positions RECOMMENDATION Staff recommends that the City Council adopt the attached resolution approving the salary ranges for the Deputy/Assistant City Attorney, Program Outreach Specialist, and Training Coordinator positions. BACKGROUND The FY 2015-16 City budget includes the addition of three new positions: Deputy/Assistant City Attorney in the City Attorney's office, Program Outreach Specialist in the Parks and Recreation Department, and Training Coordinator in the Police Department. These positions will enable staff to provide additional services to enhance City operations. DISCUSSION The part-time Deputy/Assistant City Attorney will conduct legal research and prepare opinions, memoranda, contracts, and other legal documents; provide legal advice to City departments, boards and commissions; and represent the City in litigation matters. The FY 2015-16 City budget includes $40,000 for this position. The salary range for this position will be $35.00 to $75.00 per hour, and the actual rate of pay will be within this range and determined by the incumbent's knowledge and experience. The part-time Program Outreach Specialist will promote programs, events, and sponsorships for the Parks and Recreation Department; market recreation services; develop and maintain effective relationships with sponsors and customers; and lead outreach efforts designed to connect community groups and leaders with staff. The salary range will be $25.00 - $30.39 per hour. The full-time Training Coordinator will assist the Police Department command staff with the coordination and certification of the department's training programs for sworn and civilian personnel. In the past, the Administrative Police Sergeant was responsible for performing the training coordination duties. Due to the recent restructuring of the command staff, the 1 Establishment of Salary Ranges for New Positions July 6, 2015 Administrative Sergeant position was deleted from the budget. The salary range for the Training Coordinator position is $5206.98-$6291.96 per month. The two part-time positions, the Deputy/Assistant City Attorney and the Program Outreach Specialist, are not represented by a bargaining unit and are not eligible for benefits other than the Healthy Workplaces/Healthy Families Act of 2014 paid sick leave benefit. The Training Coordinator position is a full-time benefited position and will be included in the AFSCME 829 Salary Plan when negotiations with this labor group are completed. The job specifications and proposed salary ranges for the three positions are attached to the staff report. FISCAL IMPACT The FY 2015-16 City budget includes funding for the three new positions. Exhibits: • Resolution • Job Specifications and Salary Schedules 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME ESTABLISHING SALARY RANGES FOR THE DEPUTY/ASSISTANT CITY ATTORNEY, PROGRAM OUTREACH SPECIALIST AND TRAINING COORDINATOR POSITIONS WHEREAS, the FY 2015-16 City budget includes the addition of three new positions: a Deputy/Assistant City Attorney, a Program Outreach Specialist in the Parks and Recreation Department, and a Training Coordinator in the Police Department; and WHEREAS, these positions will provide needed staff support to enhance services to the citizens of Burlingame; and WHEREAS, the Deputy/Assistant City Attorney position is a part-time position with a salary range of $35.00 to 75.00 per hour; and WHEREAS, the Program Outreach Specialist is a part-time position with a salary range of $25.00 - $30.39 per hour; and WHEREAS, the full-time Training Coordinator position, with a salary range of $5206.98-$6291.96 per month, will be part of the AFSCME 829 bargaining unit and will be included in the AFSCME 829 Salary Plan when negotiations are completed; and WHEREAS, City Council authorization is required to approve the salary ranges for the Deputy/Assistant City Attorney, Program Outreach Specialist, and Training Coordinator positons, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Burlingame does hereby establish salary ranges for the Deputy/Assistant City Attorney, Program Outreach Specialist, and Training Coordinator positions effective with the beginning of the first pay period following July 1, 2015. Terry Nagel, Mayor I, MARY ELLEN KEARNEY, 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 6th day of July, 2015, and was adopted thereafter by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Mary Ellen Kearney, City Clerk CkdW5' DEPUTY/ASSISTANT CITY ATTORNEY Part-Time Salary Range: $35.00-$75.00 Hourly Class specifications are only intended to present a descriptive summary of the range of duties and responsibilities associated with specified positions. Therefore, specifications may not include all duties performed by individuals within a classification, In addition, specifications are intended to outline the minimum qualifications necessary for entry into the class and do not necessarily convey the qualifications ofincumbents within the position. DEFINITION The Deputy/Assistant City Attorney is a part-time "at -will" position and works under the direction of the City Attorney. The Deputy/Assistant City Attorney provides a wide range of professional legal services related to municipal government operations in a variety of civil and criminal matters; conducts legal research and prepares opinions, memoranda, contracts, ordinances and other legal documents; advises city departments, boards and commissions; and represents the city in a variety of litigation matters. DISTINGUISHING CHARACTERISTICS: The position may be filled at the Deputy or Assistant level. The levels are distinguished by the amount of experience in municipal law and level of independence exercised by the incumbent. At the Assistant level, the incumbent must be able to handle complex and sensitive matters independently, be capable of directly supervising outside counsel and appearing in court on the City s behalf without supervision, and be competent to handle Council and public communications without direct support from the City Attorney. The Deputy City Attorney must be able to complete complex legal tasks, including appearing in court on routine matters, and handle communications with the public and staff. However, the Deputy City Attorney may have less experience in municipal law and is expected to require more instruction and oversight from the City Attorney, particularly in addressing complex or novel issues. SUPERVISION EXERCISED AND RECEIVED: Receives direction from the City Attorney. Exercises technical and functional supervision over support staff as appropriate. ESSENTIAL DUTIES- Duties may include, but are not limited to, the following: • Confer with and advise city departments, boards, and commissions concerning their duties, powers, and functions; perform legal research and prepare written and oral opinions on various legal issues for presentation to the city Council, city departments and various boards and commissions. • Provide legal support to assigned departments; prepare, draft and review ordinances, resolutions, contracts, deeds, leases and other legal documents and instruments; review joint agency agreements, mutual aid agreements, grants, and various competitive bid documents. • Provide opinions as to the legal acceptability of agreements, contracts, covenants, and other binding documents presented to the city for consideration by outside parties or agencies. • Represent the city in litigation and supervise related activities; investigate claims and complaints against the city and take or recommend appropriate action. • Assist in or prepare cases including those related to the Municipal Code for hearings, trials, and other judicial proceedings; represent the city in such proceedings. DEPUTY/ASSISTANT CITY ATTORNEY 2015 Page 1 of 3 • Review and analyze court rulings and legislation relative to their effect on municipal government operations; recommend changes in policies and procedures in order to meet current legal requirements. • Represent the city at various city Council, board and commission meetings and in court as directed. • Respond to requests for information from the general public, city staff, outside agencies, and other interested parties; research requested information. • Build and maintain positive working relationships with co-workers, other city employees and the public using principles of good customer service. • Perform related duties as assigned. MINIMUM QUALIFICATIONS Knowledge of: • Legal principles and practices including civil, criminal, constitutional, and administrative law and related procedures. • Judicial procedures and rules of evidence; methods of legal research and analysis. • Statutes and court decisions relating to municipal government operations; Public Records Act; Brown Act and conflict of interest laws; tort law and liability insurance litigation. • Modern office equipment and methods including use of computer applications in word processing, spreadsheet, database, and visual presentation. • Municipal government operations, including zoning, planning, real property, labor and employment, environmental, public contracting, public safety, code enforcement, and civil and criminal procedures. • Ordinances, statutes and court decisions relating to municipal corporations. • Organization, operating procedures, duties, powers, limitations and authority of city government and the city attorney's Office. • Established precedents and sources of legal reference applicable to municipal activities. Ability to: • Perform professional legal work related to municipal government operations. • On a continuous basis, know and understand all aspects of the job; intermittently analyze work papers, reports and special projects; identify and interpret technical and numerical information; observe and problem solve operational and technical policy and procedures. • On a continuous basis, sit at desk for long periods of time; intermittently twist to reach equipment surrounding desk; perform simple grasping and fine manipulation; use telephone, and write or use a keyboard to communicate through written means; and lift or carry weight of 10 pounds or less. • Learn ordinances, statutes and court decisions relating to municipal corporations. • Learn the organization, operating procedures, duties, powers, limitations and authority of city government and the city attorney's Office. • Learn established precedents and sources of legal reference applicable to municipal activities. • Represent the city in a wide variety of judicial and administrative proceedings; prepare and present cases. • Analyze a wide variety of legal issues; organize, interpret and apply legal principles and knowledge of legal problems; analyze and prepare a wide variety of legal documents. • Apply legal knowledge and principles in court; conduct research on legal problems and prepare sound legal opinions. • Communicate clearly and concisely, both orally and in writing. • Establish and maintain effective working relationships with those contacted in the course of work. DEPUTY/ASSISTANT CITY ATTORNEY 2015 Page 2 of 3 • Independently perform a wide range of professional legal work related to municipal government operations. EXPERIENCE & TRAINING: Experience- - For Deputy City Attorney: one year of professional legal experience, with a preference for municipal law experience. • For Assistant City Attorney: three years of professional legal experience in municipal law. Training- - Equivalent to a Juris Doctorate from an American Bar Association accredited law school. License or Certificate - Active membership, in good standing, in the State Bar of California DEPUTY/ASSISTANT CITY ATTORNEY 2015 Page 3 of 3 AWAL ;BUYRLING-AME PROGRAM OUTREACH SPECIALIST Part-Time Salary Range: $25.00-$3039 Hourly Class specifications are only intended to present a descriptive summary of the range of duties and responsibilities associated with specifiedpositions. Therefore, specifications may not include all duties performed by individuals within a classification In addition, specifications are intended to outline the minimum qualifications necessary for entry into the class and do not necessarily convey the qualifications of incumbents within the position. DEFINITION The Program Outreach Specialist is a part-time "at -will" position and works under the direction of a Recreation Supervisor. The Program & Outreach Specialist is responsible for the design and promotion of the Parks & Recreational Department, its programs, events and sponsorships. CHARACTERISTICS: The Program Outreach Specialist will utilize innovate and creative processes to establish and market a City of Burlingame Parks & Recreation brand; assist in the planning, promotion, implementation and coordination of marketing new and existing recreation services and programs; develop and maintain viable communication outlets with the public, sponsors and customers to include supporting public engagement activities, leading outreach efforts and connecting services with community groups and community SUPERVISION RECEIVED: Receives direction from a Recreation Supervisor. ESSENTIAL DUTIES- Duties may include, but are not limited to, the following: • Solicit and receive sponsorships, ensures proper logos and applicable promotional credit is given to designated sponsors. • Coordinate and facilitate partnerships with service organizations, schools, business community and other local agencies. • Assist staff in the development of written promotional and marketing information for their respective programs and events. • Create and manages event promotion timelines for marketing, graphics and program coordinators. • Create and recommends action plans for marketing and promotion of program services. • Disseminate information to the public via e -blasts, press releases, ads, phone calls, public outreach and related information to schools, community non -profits, and other government agencies. • Set up displays, workshops, classes, and presents information related to recreation and other related topics. • Coordinate program, events and facility marketing material and graphic designs for new press releases, flyers, event schedules, pamphlets, and brochures. • Develop and maintains positive relationships with local businesses, government and community groups. • Analyze, develop and recommend marketing policy and program changes in response to customer needs, budgetary considerations, market changes, and industry developments with adherence and compliance with City rules, procedures, and regulations. • Perform other duties as assigned PROGRAM OUTREACH SPECIALIST 2015 Page 1 of 2 EXPERIENCE & EDUCATION: Experience- - Three years of responsible paid experience in marketing, advertising, and promoting programs in a related field. Education- - Associate degree from an accredited college or university with course work in marketing, business or public administration, management, public relations, communications, or a related field. License or Certificate - •A valid class "C" California driver's license. -Certification in First Aid and CPR is highly desirable. SPECIAL REQUIREMENTS: Work is performed in an office/recreational setting; will be exposed to the elements and sits, stands, walks, kneels, crouches, twists, reaches, bends, crawls, and grasps; must be able to lift, carry, push, pull, drag equipment weighing up to 401bs, climbing up stool ladders to stack equipment and supplies. Must be able to discern voices and to effectively communicate both orally and in writing. Must use a computer monitor on a regular basis. Must be able to multi -task and be flexible in working hours, including before and after regular work hours. This is a temporary, part-time "at will" position not to exceed 1,000 hours per fiscal year. Shifts may include evening and weekend hours. No benefits are offered with the position with the exception of the Healthy Workplaces/Healthy Families Act of 2014 Paid Sick Leave Benefit. This benefit accrues at the rate of one hour per every 30 hours worked to the maximum benefit per year of 24 hours. There is no cash value associated with this benefit. PROGRAM OUTREACH SPECIALIST 2015 Page 2 of 2 a TRAINING COORDINATOR Salary Range: $5206.95-$6297.96 Monthly Class specifications are only intended to present a descriptive summary of the range of duties and responsibilities associated with specified positions. Therefore, specifications may not include all duties performed by individuals within a classification. In addition, specifications are intended to outline the minimum qualifications necessary for entry into the class and do not necessarily convey the qualifications ofincumbents within the position. DEFINITION The Training Coordinator position performs a wide variety of duties associated with testing and assessment programs(POST), as well as civilian training programs; to perform clerical duties in support of the training unit and the police department; to assist with the coordination and certification of training programs for sworn and civilian personnel. SUPERVISION RECEIVED: Receives direction from the Police Services Manager. ESSENTIAL DUTIES- Duties may include, but are not limited to, the following: • Assist with the coordination, organization and implementation of training programs for sworn and civilian personnel. • Make class/course, travel and lodging reservations. • Enforce POST rules and regulations pertaining to training requirements and reporting standards. • Communicate with City personnel and program participants through telephone calls, memos and meetings. • Complete and file training logs, spreadsheets, reports and other records necessary for training programs and activities; maintain files and records. • Collect fees, issue receipts, provide change and prepare deposits and reimbursements. • Provide clerical support to the police department, including answering telephones, typing, filing, record keeping, and completion of time sheets. • Maintain training certification records. • Perform other related duties and responsibilities as assigned. EXPERIENCE & EDUCATION: Knowledge of - Training program coordination; modern office procedures, methods, and computer equipment; principles and procedures of record keeping and revenue collection; POST requirements for training program development, implementation and reporting; basic mathematical procedures. English usage, spelling, vocabulary, grammar, and punctuation. Ability to - Learn, interpret, and apply the policies, procedures, laws, codes, and regulations pertaining to assigned programs and functions; provide quality customer service to citizens and other City personnel; organize and implement training programs and activities; work well with a variety of people, including staff and volunteers; enforce established rules and regulations; collect, organize and maintain program records; exercise independent judgment and demonstrate personal initiative; understand and follow oral and written instructions; communicate clearly and concisely, both orally and in writing; establish, maintain, and foster positive and harmonious working TRAINING COORDINATOR 2015 Page 1 of 2 relationships with those contacted in the course of work; work flexible hours, including nights and weekends. Skills - Operate modern office equipment, including computer equipment. Operate a motor vehicle safely. Education - Sufficient education and experience to satisfactorily perform the duties of this classification. Education equivalent to a high school diploma, supplemented by additional college course work or training in police science, criminal justice or a related field; secretarial and clerical experience, including some experience in office management or supervisory capacity, coordination, organization and implementation of training programs and activities. License or Certificate - •A valid class "C" California driver's license. SPECIAL REQUIREMENTS: Ability to sit for long periods of time at a desk; stand and walk for moderate periods of time and crouch/stoop/squat occasionally. Ability to hear phones and normal conversations; speak, read and write correct English; receive and follow instructions; and remain calm during difficult situations. TRAINING COORDINATOR 2015 Page 2 of 2 0STAFF REPORT AGENDA NO: 8h 0 MEETING DATE: July 6, 2015 To: Honorable Mayor and City Council Date: July 6, 2015 From: William Meeker, Community Development Director — (650) 558-7255 Subject: Adoption of Resolutions Memorializing the City Council's Actions Certifying the Final Environmental Impact Report (FEIR) and Approving Applications for Design Review, a Condominium Permit, Conditional Use Permits, Special Permits, Fence Exception, Request for Early Demolition, and of a Vesting Tentative Map for a Multi -Family Development Consisting of 22 Residential Condominiums and 268 Residential Apartments on Property Located at 1008-1028 Carolan Avenue and 1007-1025 Rollins Road RECOMMENDATION The City Council is asked to adopt the following resolutions: • A Resolution of the City Council of the City of Burlingame Certifying the Final Environmental Impact Report (FEIR) for a Multi -Family Development Consisting of 22 Residential Condominiums and 268 Residential Apartments to be Developed by Summerhill Apartment Communities on Property Located at 1008-1028 Carolan Avenue and 1007-1025 Rollins Road • A Resolution of the City Council of the City of Burlingame Approving Applications for Design Review, a Condominium Permit, Conditional Use Permits, Special Permits, Fence Exception, Request for Early Demolition, and of a Vesting Tentative Map for a Multi - Family Development Consisting of 22 Residential Condominiums and 268 Residential Apartments on Property to be Developed by Summerhill Apartment Communities on Property Located at 1008-1028 Carolan Avenue and 1007-1025 Rollins Road BACKGROUND The City Council considered SummerHill Apartment Communities' applications related to its proposed 290 unit apartment and condominium development at its meeting on June 15, 2015. At that time, the Council voted unanimously to certify the FEIR and to grant all project entitlements for the project, with the following additional and/or amended conditions: • The townhome units shall incorporate aluminum clad wood windows with divided or simulated true divided lites; 1 1008-1028 Carolan Avenue/1007-1025 Rollins Road July 6, 2015 • As a community benefit, the project shall include 29 "Moderate Income" rental units, in conjunction with allowance for up to 152 compact parking spaces. The City Manager shall be authorized to execute an agreement with the applicant, with the provision that the units be affordable to households of "Moderate Income" category as defined as earning a maximum of 120% of San Mateo County Area Median Income (AMI), for a period of at least twenty-five (25) years; • The City Manager will be authorized to negotiate a Use Agreement with the applicant to formalize the work share space in the apartment building to be available for community use by local community organizations consistent with the community meeting room use eligibility criteria set forth by the Burlingame Public Library; • All construction shall abide by the construction hours established in the municipal code, with the exception that there shall be no construction activities on Sundays and holidays; • An exception from permitted fence heights shall be allowed to construct a solid fence or wall up to eight feet in height along the southern property line, with the following provisions: - Story poles shall be erected prior to construction of the fence or wall indicating the proposed height of the fence or wall structure; - Written documentation shall be provided to the Community Development Director indicating that the majority of abutting property owners have viewed the story poles and are in agreement with the proposed structure; - Should there not be majority agreement from abutting property owners regarding the height of the fence or wall, the item will return to the Planning Commission for further review. The attached resolutions serve to memorialize the Council's actions from that evening. The additional and amended conditions are highlighted in the resolutions. FISCAL IMPACT None. Exhibits: • Resolution Certifying FOR • Resolution Granting Land -Use Entitlements — Council amendments highlighted 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (FEIR) AND ADOPTING MITIGATION MEASURES AND A MITIGATION MONITORING PLAN PREPARED FOR A MULTI -FAMILY DEVELOPMENT CONSISTING OF 22 RESIDENTIAL CONDOMINIUMS AND 268 RESIDENTIAL APARTMENTS ON PROPERTY LOCATED AT 1008-1028 CAROLAN AVENUE AND 1007-1025 ROLLINS ROAD (ASSESSOR PARCEL NOS: 026-240-290, 026-240-340, 026-240-360 & 026- 240-370) WHEREAS, an Environmental Impact Report (EIR) has been prepared and application has been made for Design Review, Vesting Tentative and Final Map to merge and subdivide the existing four parcels, and Condominium Permit to establish the 22 townhomes, Conditional Use Permits for the multiple family residential use and for building height for the two apartment buildings with heights up to 61'-6" tall, Special Permits for a driveway within the required 20 -foot setback along the southerly property line and to allow a building 34'-4" in height for the condominium structures where a special permit is required for buildings between 30 feet and 36 feet in height, Demolition Permit Exception, and Fence Height Exception for construction of a new 22 -unit residential condominium and 268 -unit residential apartment building at 1008-1028 Carolan Avenue and 1007-1025 Rollins Road, zoned C -2/R-4 Overlay, property owners Stucker Family Trust (Assessor Parcel Nos: 026-240-340, 026-240-360 & 026-240-370) and Oscar F. Person Testamentary Trust (Assessor Parcel No: 026-240-290); WHEREAS, on June 16, 2014, a Notice of Preparation of an EIR was submitted to the California Office of Planning and Research (OPR), and OPR notified State agencies of the preparation of the preparation of the EIR and directed that they make comments on the proposed project, in addition, the City of Burlingame sent the Notice of Preparation to local agencies requesting comment; and WHEREAS, the Planning Commission held a public hearing to conduct a scoping session on June 23, 2014, to receive any oral or written comments that the public might wish to offer in defining the scope of the environmental review; and WHEREAS, the City retained an independent consultant to prepare an EIR; and WHEREAS, on February 6, 2015, following staff review and comment on the Administrative Draft of the EIR, the City duly noticed the availability and completion of the Draft EIR (DEIR) and the public comment period on the DEIR with a Notice of Completion; and WHEREAS, on February 13, 2015, an updated Notice of Completion was released on February 13, 2015 to include additional documents in the appendices; and WHEREAS, a public comment period exceeding forty-five (45) days was opened from February 6, 2015 to April 6, 2015, during which all written public comments were welcomed; and RESOLUTION NO. WHEREAS, during the public comment period, the Planning Commission held a public hearing on March 9, 2015, to receive any oral or written comments that the public might wish to offer on the DEIR; and WHEREAS, in response to the comments received during the comment period, the City's independent consultant prepared responses to each of the comments made in the form of a Response to Comments document; and WHEREAS, on May 15, 2015, the Response to Comments Document was made available to the public; and WHEREAS, on May 26, 2015, the Planning Commission conducted a duly noticed public hearing on the Final EIR (FEIR) and on the project, at which time it reviewed and considered the staff report and all other written materials and oral testimony presented at said hearing and adopted a motion certifying the FEIR that was memorialized via adoption of a resolution at the Planning Commission's June 8, 2015 regular meeting; and WHEREAS, on May 21, 2015 the Mayor submitted an email to the City Clerk informing her that she wished to have the Summerhill Apartment Communities project, including certification of the FEIR, reviewed by the full City Council; and WHEREAS, on June 15, 2015, the City Council conducted a duly noticed public hearing to consider certification of the FEIR and on the project and all project entitlements, at which time it reviewed and considered the staff report and all other written materials and oral testimony presented at said hearing; and WHEREAS, the FEIR, consisting of the DEIR, Responses to Comments and Revisions to the DEIR, clearly presents the issues involved in the development of this property and identifies appropriate alternatives as required by the CEQA and the CEQA Guidelines (Title 14, Chapter 13 of the California Code of Regulations); and WHEREAS, the FEIR concludes that all of the potential significant impacts identified can be reduced to less than significant levels through implementation of the mitigation measures identified DEIR, as outlined in Exhibit A to this Resolution; and WHEREAS, the FEIR provides the City Council, the City and the public with sufficient and thorough information regarding the potential significant environmental impacts of the project; and WHEREAS, the FEIR has been prepared and considered in conformance with CEQA and the CEQA Guidelines, with independent preparation by a City -retained independent consultant and application of the independent comment and judgment of both City staff and the City Council; and WHEREAS, the mitigation measures required by the FEIR have been incorporated into the conditions of approval for the project as outlined in the attached Exhibit B; and 2 RESOLUTION NO. WHEREAS, the FEIR outlines the proposed project, presents the issues involved in the development of this property, analyzes all potentially significant environmental impacts, and identifies appropriate mitigation measures and alternatives as required by the CEQA and the CEQA Guidelines (Title 14, Chapter 13 of the California Code of Regulations). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Burlingame that: 1. The FEIR provides sufficient disclosure of the issues involved as required by CEQA. 2. The extensive public participation in the development of this FEIR has provided valuable information and analysis, as well as important changes and alterations to the original project. 3. The FEIR addresses the significant potential environmental effects of the project in the areas of: (1) Land Use, Plans and Policies, (2) Visual Quality, (3) Transportation, (4) Air Quality, (5) Climate Change, (6) Noise, (7) Biological Resources, (8) Hydrology and Water Quality, (9) Population and Housing, (10) Parks and Wind Effects on Recreation, and (11) Utilities and Service Systems, a summary of the potential environmental impacts and mitigation measures is outlined in Exhibit A to this resolution. 4. The FEIR provides the City Council, the City and the public with sufficient and thorough information regarding the potential significant environmental impacts of the project. 5. The FEIR has been prepared and considered in conformance with CEQA and the CEQA Guidelines, with independent preparation by a City -retained consultant and application of the independent comment and judgment of both City staff and the City Council. 6. The mitigation measures required by the FEIR as described in the attached Exhibit A have been incorporated into the conditions of approval for the project as outlined in the attached Exhibit B. BE IT FURTHER RESOLVED that: 1. The City Council has reviewed and considered the documents constituting the FEIR and received testimony regarding the FEIR at public hearings. The City Council finds that the FEIR has been completed in compliance with the CEQA, and the FEIR is the independent judgment and analysis of the City. The FEIR contains additions, clarifications, modifications and other information in its Responses to Comments on the DEIR, and such additions, clarifications, modifications and other information are not significant new information as that term is defined under CEQA. Changes or alterations have been required in, or incorporated into the project that mitigate, avoid or substantially lessen the significant effects identified in the EIR, as described in the mitigation measures incorporated as project conditions in Exhibit B. On the basis of the FEIR documents and comments received and addressed by the City Council, it is hereby found that the FEIR is complete pursuant to CEQA Guidelines Section 15090 and the City Council hereby certifies the FEIR. 3 RESOLUTION NO. 2. Said Design Review, Vesting Tentative Map to merge and subdivide the existing four parcels, and Condominium Permit to establish the 22 townhomes, Conditional Use Permits for the multiple family residential use and for building height for the two apartment buildings with heights up to 61'-6" tall, Special Permits for a driveway within the required 20 -foot setback along the southerly property line and to allow a building 34'- 4" in height for the condominium structures where a special permit is required for buildings between 30 feet and 36 feet in height, Demolition Permit Exception, and Fence Height Exception is approved subject to the conditions set forth in Exhibit B attached hereto. Findings for such Design Review, Vesting Tentative Map to merge and subdivide the existing four parcels, and Condominium Permit to establish the 22 townhomes, Conditional Use Permits for the multiple family residential use and for building height for the two apartment buildings with heights up to 61'-6" tall, Special Permits for a driveway within the required 20 -foot setback along the southerly property line and to allow a building 34'-4" in height for the condominium structures where a special permit is required for buildings between 30 feet and 36 feet in height, Demolition Permit Exception, and Fence Height Exception are set forth in the staff report, minutes, and recording of said meeting. Terry Nagel, Mayor I, Mary Ellen Kearney, 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 6tn day of July, 2015 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: 13 City Clerk EXHIBIT "A" SUMMARY OF ENVIRONMENTAL IMPACTS AND MITIGATION 1008-1028 CAROLAN AVENUE & 1007-1025 ROLLINS ROAD RESIDENTIAL PROJECT Impact Miticlation Measures Noise Impact NOW: The proposed residences and Central MM NO] -1.1: The proposed project includes a six-foot tall, Courtyard would be exposed to exterior and interior noise acoustical glass fence at the opening of the central levels greater than the City's General Plan noise goals of courtyard along the northern boundary of the project site 60 dBA CNEL and 45 dBA CNEL, respectively. to shield the outdoor use area from traffic noise along Carolan Avenue. The total length of the proposed fence Less Than Significant Impact with Mitigation would be approximately 45.5 feet, stretching from unit 2A Incorporated to unit 1G, with approximately 3.5 feet used as an access gate. The proposed fence shall be continuous from grade to top, with no cracks or gaps, and have a minimum surface density of three pounds per square feet [e.g., one -inch thick marine -grade plywood, '% -inch laminated glass, concrete masonry units (CMU)]. A fence height of six feet would be sufficient for reducing noise levels to 60 dBA CNEL or less. The fence height shall be measured relative to the elevation of the central courtyard. MM N0I-1.2: At the time of final site design, a qualified acoustical consultant shall review the final site plan, building elevations, and floor plans prior to issuance of a building permit and project construction to calculate expected interior noise levels. Specific acoustical analyses shall be completed to confirm that the final site design results in interior noise levels reduced to 45 dBA CNEL or lower for all floors in each building on the project site. Buildings on the project site would need sound -rated construction methods and building facade treatments to maintain interior noise levels at or below acceptable levels. These treatments could include, but are not limited to, sound -rated windows and doors, sound -rated wall constructions, acoustical caulking, and protected ventilation openings. Implementation of these measures will result in reductions of at least 33 dBA CNEL in interior noise levels nearest US 101 having the worst-case noise exposure, which will achieve resulting interior noise levels of 45 dBA CNEL or less at the units. Similarly, interior noise levels within the remaining units have a relatively lower future noise exposures will also be maintained at or below 45 dBA CNEL with the implementation of these measures. The specific determination of what noise insulation treatments are necessary shall be conducted on a unit - by -unit basis during final design of the project. Results of the analysis, including the description of the necessary noise control treatments, shall be submitted to the City along with the building plans and approved design prior to issuance of a building permit. MM NOI-1.3: Building sound insulation requirements shall include the provision of forced -air mechanical ventilation for all perimeter residential units so that windows could be ke t closed at the occu ant's discretion to control noise. EXHIBIT A— Summary of Environmental Impacts and Mitigation 1008-1028 Carolan Ave. 8 1007-1025 Rollins Rd. Impact Mitigation Measures Impact N0I-2: Construction of the proposed project would MM NOI-2.1: The project shall implement the following result in a significant, though temporary, noise impact at standard construction best management practices during nearby residences. all phases of construction: Less Than Significant Impact with Mitigation . Construction activities shall be limited to the daytime Incorporated hours between 7:00 AM and 7:00 PM, Monday through Friday, between 9:00 AM and 6:00 PM on Saturdays, and between 10:00 AM and 6:00 PM on Sundays and holidays (per Chapter 18.07.110 of the City of Burlingame Municipal Code). • Equip all internal combustion engine -driven equipment with intake and exhaust mufflers that are in good condition and appropriate for the equipment. • Unnecessary idling of internal combustion engines shall be strictly prohibited. • Locate stationary noise -generating equipment, such as air compressors or portable power generators, as far as possible from sensitive receptors. Construct temporary noise barriers to screen stationary noise -generating equipment when located near adjoining sensitive land uses. Temporary noise barriers could reduce construction noise levels by five dBA. • Utilize "quiet" air compressors and other stationary noise sources where technology exists. • Control noise from construction workers' radios to a point where they are not audible at existing residences bordering the project site. • The contractor shall prepare a detailed construction plan identifying the schedule for major noise -generating construction activities. The construction plan shall identify a procedure for coordination with adjacent residential land uses so that construction activities can be scheduled to minimize noise disturbance. • Designate a "disturbance coordinator" who would be responsible for responding to any complaints about construction noise. The disturbance coordinator will determine the cause of the noise complaint (e.g., bad muffler, etc.) and will require that reasonable measures be implemented to correct the problem. Conspicuously post a telephone number for the disturbance coordinator at the construction site and include in it the notice sent to nei hbors req­ardin the construction schedule. =- Air Qual' Impact AIR -1: The project would generate significant dust MM AIR -1.1: The project shall implement the following during construction activities that would affect nearby standard BAAQMD dust control measures during all sensitive receptors, if best management practices are not phases of construction on the project site: implemented. • All exposed surfaces (e.g., parking areas, staging Less Than Significant Impact with Mitigation areas, soil piles, graded areas, and unpaved access Incorporated roads) shall be watered two times per day. -2- EXHIBIT A - Summary of Environmental Impacts and Mitigation 1008-1028 Caro/an Ave. & 1007-1025 Rollins Rd. Impact Mitigation Measures All haul trucks transporting soil, sand, or other loose material off-site shall be covered. • All visible mud or dirt track -out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. All vehicle speeds on unpaved roads shall be limited to 15 miles per hour (mph). • All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five minutes [as required by the California Airborne Toxics Control Measure Title 13, Section 2485 of California Code of Regulations (CCR)]. Clear signage shall be provided for construction workers at all access points. • All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. A publicly visible sign shall be posted with the telephone number and person to contact at the City of Burlingame regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Bay Area Air Quality Management Air District's phone number shall also be visible to ensure compliance with applicable regulations. Impact AIR -2: Construction of the proposed project would MM AIR -2.1: All diesel -powered off-road equipment larger result in significant health risks to nearby sensitive than 50 horsepower and operating at the site for more receptors from DPM emissions unless mitigated. than two days continuously shall meet US EPA particulate matter emission standards for Tier 2 engines Less Than Significant Impact with Mitigation or equivalent. Incorporated MM AIR -2.2: All portable pieces of construction equipment (i.e., air compressors, cement mixers, concrete/industrial saws, generators, and welders) shall meet US EPA particulate matter emissions standards for Tier 4 engines or equivalent. MM AIR -2.3: Avoid staging diesel -powered equipment within 100 feet of adjacent residences. Impact AIR -3: Pollutant emissions from US 101 and MM AIR -3.7: Install air filtration for residential units that Caltrain would pose significant health risk impacts to have predicted cancer risks in excess of 10 in one million proposed residences on the ground floor and podium -level or PM2.5 concentrations above 0.3 micrograms per cubic located nearest the freeway and rail lines unless mitigated. meter (pg/m3) from either US 101 or the Caltrain rail line. Air filtration devices shall be rated MERV13 or higher. To -3- EXHIBIT A— Summary of Environmental Impacts and Mitigation 1008.1028 Caro/an Ave. & 1007-1025 Rollins Rd. Less Than Si Incorporated Please note that if the Caltrain Peninsula Corridor Electrification Project is approved and implemented as currently proposed, the health risk from locomotives on the Caltrain rail line would be less than significant and mitigation is not required for health risk impacts from the rail line (refer to Section 4.0 Cumulative Impacts), though the below mitigation would still be required to reduce health risk impacts from US 101 to a less than significant level. MZ ensure adequate health protection to sensitive receptors, a ventilation system shall meet the following minimal design standards (Department of Public Health, City and County of San Francisco, 2008): • A MERV13 or higher rating; • At least one air exchanges(s) per hour of fresh outside filtered air; and • At least four air exchange(s) per hour recirculation. Alternately, at the approval of the City, equivalent control technology may be used if it is shown by a qualified air quality consultant or heating, ventilation, and air conditioning (HVAC) engineer that it would reduce risk below significance thresholds. MM AIR -3.2: Require an ongoing maintenance plan for the buildings' HVAC air filtration system. Recognizing that emissions from air pollution sources are decreasing, the maintenance period shall last as long as significant excess cancer risk or annual PM2.5 exposures are predicted. Subsequent studies shall be conducted by an air quality expert approved by the City to identify the ongoing need for the filtered ventilation systems as future information becomes available. MM AIR -3.3: Ensure that the lease agreement and other property documents (e.g., CC&Rs): Require cleaning, maintenance, and monitoring of the affected units for air flow leaks; Include assurance that new owners and tenants are provided information on the ventilation system; and Include provisions that fees associated with owning or leasing a unit(s) in the building include funds for cleaning, maintenance, monitoring, and replacements of the filters, as needed. MM AIR -3.4: Require that, prior to building occupancy, an authorized air pollutant consultant or HVAC engineer verify the installation of all necessary measures to reduce toxic air contaminant (TAC) exposure. MM AIR -3.5: The type of MERV-rated filtration required to be installed as part of the ventilation system in the residential building shall be as follows: • A minimum of MERV13 shall be installed unless the increased cancer risk can be demonstrated to be less than 10 in one million; and • MERV16 filtration shall be utilized for areas where the increased cancer risk is greater than 20.0 in one million for unmitigated cancer risks. Note that PM2.5 concentrations at all sensitive receptor EXHIBIT A— Summary of Environmental Impacts and Mitigation 1008-1028 Carolan Ave. 8 1007-1025 Rollins Rd. Impact Mitigation Measures locations across the site would also be reduced to a level of less than significant by using MERV13 and MERV16 filters necessary to mitigate excess cancer risk. Impact BIO -1: Development of the project would impact MM BIO -1.1: Avoidance and Inhibit Nesting. Construction nesting birds and raptors, if present on-site or in the and tree removal/pruning activities shall be scheduled to immediate vicinity. avoid the nesting season to the extent feasible. If feasible, tree removal and/or pruning shall be completed before the Less Than Significant Impact with Mitigation start of the nesting season to help preclude nesting. The Incorporated nesting season for most birds and raptors in the San Francisco Bay area extends from 1 February through 31 August. MM BI0-1.2: Preconstruction Survey(s). If it is not possible to schedule construction activities between 1 September and 31 January then a qualified ornithologist shall conduct a preconstruction survey to identify active bird nests that may be disturbed during project construction. This survey shall be completed no more than seven (7) days prior to the initiation of demolition/construction activities (including tree removal and pruning). During this survey, the ornithologist shall inspect all trees and other possible nesting habitats in and immediately adjacent to the construction areas for nests. If the survey does not identify any nesting birds that would be affected by construction activities, no further mitigation is required. If an active nest is found sufficiently close to work areas to be disturbed by these activities, the ornithologist (in consultation with the CDF" shall designate a construction -free buffer zone (typically 300 feet for raptors and 100 feet for non -raptors) to be established around the nest to ensure that no nests of species protected by the FMBTA and California Fish and Game Code will be disturbed during construction activities. The buffer shall remain in place until a qualified ornithologist has determined that the nest is no longer active. MM BIO -1.3: Reporting. A final report on nesting birds and raptors, including survey methodology, survey date(s), map of identified active nests (if any), and protection measures (if required), shall be submitted to the Planning Manager and be completed to the satisfaction of the Community Development Director prior to the start of grading. Cultural Resources Impact CUL -1: Construction of proposed project would MM CUL -1.1: Unique Paleontological and/or Geologic result in significant impacts to archaeological resources, Features and Reporting. Should a unique paleontological unique paleontological resources/sites, unique geologic resource or site or unique geological feature be identified features, or human remains, if present on-site. at the project site during any phase of construction, all ground disturbing activities within 25 feet shall cease and Less Than Significant Impact with Mitigation the City Planning Manager notified immediately. A Incorporated ualified paleontologist shall evaluate the find and -5- EXHIBIT A- Summary of Environmental Impacts and Mitigation 1008-1028 Carolan Ave. & 1007-1025 Rollins Rd. Impact Mitigation Measures prescribe mitigation measures to reduce impacts to a less than significant level. The identified mitigation measures shall be implemented. Work may proceed on other parts of the project site while mitigation for paleontological resources or geologic features is carried out. Upon completion of the paleontological assessment, a report shall be submitted to the City and, if paleontological materials are recovered, a paleontological repository, such as the University of California Museum of Paleontology. MM CUL -1.2: Undiscovered Cultural Resources. A testing program to assess the potential presence or absence of undiscovered cultural resources shall be implemented by a qualified archaeologist after all buildings and other materials obscuring the ground surface have been removed, but before any construction related grading or trenching, in order to search for possible buried archaeological resources. In the event archaeological deposits are discovered, work shall be halted within a sensitivity zone to be determined by the archaeologist. The archaeologist shall prepare a plan for evaluation of the resource to the California Register and submit the plan to the City's Planning Manager for review and approval prior to any construction related earthmoving within the identified zone of archaeological sensitivity. The plan shall also include appropriate recommendations regarding the significance of the find and the appropriate mitigation. The identified mitigation shall be implemented and can take the form of limited data retrieval through hand excavation coupled with continued archaeological monitoring inside of the archaeologically sensitive zone to ensure that significant data and materials are recorded and/or removed for analysis. Monitoring also serves to identify and thus limit damage to human remains and associated grave goods. MM CUL -1.3: Human Remains. Pursuant to Section 7050.5 of the Health and Safety Code and Section 5097.94 of the Public Resources Code of the State of California, in the event of the discovery of human remains during construction, there shall be no further excavation or disturbance of the site within a 100 -foot radius of the remains or any nearby area reasonably suspected to overlie adjacent remains. The San Mateo County Coroner shall be notified and shall make a determination as to whether the remains are Native American. If the Coroner determines that the remains are not subject to his authority, he shall notify the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall attempt to identify descendants of the deceased Native American. If no satisfactory agreement can be reached as to the disposition of the remains pursuant to this State law, then the land owner shall re -inter the human remains and items associated with Native American burials on the Dmnertv inn location not sub'ect to further subsurface GSL EXHIBIT A- Summary of Environmental Impacts and Mitigation 1008-1028 Carolan Ave. & 1007-1025 Rollins Rd. Impact Mitigation Measures disturbance. MM CUL -1.4: Report of Archaeological Resources If archaeological resources are identified, a final report summarizing the discovery of cultural materials shall be submitted to the City's Planning Manager prior to issuance of building permits. This report shall contain a description of the mitigation program that was implemented and its results, including a description of the monitoring and testing program, a list of the resources found and conclusion, and a description of the disposition/cu ration of the resources. Hazardous Materials Impact HAZ-1: Construction workers and future MM HAZ-1.1: Thirty-two above ground lifts were noted in residences could be exposed to contaminated soils and the auto servicing areas of CalBay Collision, Anchor Auto groundwater located on-site. Body & Detailing, Hyundai of Burlingame, Chilton Auto Body, Topline Automobile, and Cammisa Motor Car Less Than Significant Impact with Mitigation Company. Seven below ground lifts were observed inside Incorporated the auto servicing area of CalBay Collision. Two above- ground auto lifts, two capped grouted lifts and six former lifts were noted at Chilton auto body. The existing lifts shall be removed in accordance with local regulations. Selective sampling shall also be conducted to confirm that residual contamination, if present, does not exceed residential ESLs and RSLs. MM HAZ-1.2: A Health and Safety Plan (HSP) shall be developed to establish appropriate protocols for working in contaminated materials. Workers conducting Site investigation and earthwork activities in areas of contamination shall complete a 40 -hour HAZWOPER training course (29 CFR 1910.120 1), including respirator and personal protective equipment training. Each contractor will be responsible for the health and safety of their employees as well as for compliance with all applicable federal, state, and local laws and guidelines. This document shall be provided to the City and the oversight agency prior to issuance of demolition and grading permits. MM HAZ-1.3: A Ground Water Management Plan shall be prepared to evaluate water quality and discharge/disposal alternatives; the pumped water shall not be used for on-site dust control or any other on-site use. If long-term dewatering is required, the means and methods to extract, treat and dispose of ground water also shall be presented. MM HAZ-1.4: Some components encountered as part of the building demolition waste stream may contain hazardous materials. Universal wastes, lubrication fluids, CFCs, and HCFC's shall be removed before structural demolition begins. Materials that may result in possible risk to human health and the environment when improperly managed include lamps, thermostats, and light switches containing mercury; batteries from exit signs, emergency lights and smoke alarms; li htin ballasts -7- EXHIBIT A — Summary of Environmental Impacts and Mitigation 1008-1028 Carolan Ave. & 1007-1025 Rollins Rd. Impact Mitigation Measures which contain PCBs; and lead pipes and roof vent flashings. Demolition waste such as fluorescent lamps, PCB ballasts, lead acid batteries, mercury thermostats, and lead flashings have special case-by-case requirements for generation, storage, transportation, and disposal. Before disposing of any demolition waste, the Owner, Developer and Demolition Contractor shall determine if the waste is hazardous and shall ensure proper disposal of waste materials. MM HAZ-1.5: Significant quantities of asphalt concrete (AC) grindings, aggregate base (AB), and Portland Cement Concrete (PCC) will be generated during demolition activities. AC/AB grindings shall not be reused beneath building areas. MM HAZ-1.6: During demolition and construction activities, contaminated material may be encountered. A Soil Management Plan (SMP), prepared by ENGEO, establishing management practices for handling contaminated soil, groundwater, or other materials for the site has been approved by the San Mateo County Environmental Health Department. The SMP (refer to Appendix H) includes the following protocols and safety measures: • ENGEO will provide full-time observation services during demolition and grading activities. Soils encountered across the entire property will be observed for discoloration/staining or olfactory evidence of contaminant impacts, with particular attention given to the location of identified soil impacts. In the event unforeseen environmental conditions, such as those listed above, are encountered during demolition and pre -grading work, the site SMP shall be implemented. • Once the buildings on-site have been demolished and the debris removed from the site, the soil beneath the buildings in the area of the planned underground parking structure will be characterized for removal to the appropriate landfill. The findings from this study will be used to begin to quantify the soil for the various disposal options prior to beginning the excavation. Refer to the SMP in Appendix H for a full methodology on soil characterization. • Primarily, visual and olfactory evidence will be used to screen for contaminated soil; however, a photo - ionization detector (PID) will also be used to further screen soils for potential contaminates, as well as ambient air during excavation work. The specific locations of air monitoring will be field -adjusted based on potential access and safety limitations, but will generally include within the excavation area, along with the perimeter of the excavation. PID readings will aeneraliv be taken at least every hour and whenever KI EXHIBIT A -Summary of Environmental Impacts and Mitigation 1008-1028 Carolan Ave. 6 1007-1025 Rollins Rd. Impact Mitigation Measures suspect material is encountered. Refer to Appendix H for a complete methodology of the PID screenings. With regard to ambient air screening, any PID reading for volatile organics that is 10 ppm above background for more than three minutes will result in a stop work order. Background shall be determined at the beginning of the day prior to excavation activities. Work shall not continue until PID readings have attenuated below the action level. The PID will provide real-time data on the presence of potentially hazardous compounds to provide for proper selection of Personnel Protection Equipment (PPE). The initial PPE will be Level D (modified) which includes safety glasses, hard hat, steel -toed boots, gloves, hearing protection, and high visibility vests. In the unlikely event significant unforeseen environmental conditions are discovered, work shall stop and San Mateo County Environmental Health will be contacted. A primary and backup PID unit will be maintained onsite for the duration of fieldwork. Each unit will be fully charged and calibrated daily. Work activities shall be conducted Monday through Friday between 7:00 AM and 6:00 PM. Excavation will be performed using a combination of scrapers, backhoes, track -mounted excavators and/or loaders. The contractor will adhere to OSHA guidelines. If excavations require shoring, it will be provided by the contractor. • The development will include an engineered cut of up to six (6) to nine (9) feet below the ground surface in the northern portion of the site for the construction of the underground parking. Prior to beginning the excavation, the soil in the planned excavation area will be characterized to determine the appropriate disposal options and to allow for excavation and off -haul without first stockpiling on site. A PID will be used to screen soils during the excavation. Also, if soils exhibiting evidence of environmental impact (e.g., odor or staining) are identified at the proposed margins or bottom of the excavation, the excavation shall be advanced to a greater depth and/or lateral dimension as appropriate until impacted soils exhibiting evidence of impact have been removed. Impacted soils, if encountered, will be stockpiled onsite. To prevent potential impacts to underlying soils or surfaces, stockpiles shall be placed on 10-milimeter (mil) plastic sheeting, as appropriate. The soil stockpiles shall be covered with 10 -mil plastic sheeting and secured to prevent dust or runoff during storm events. Appropriate dust control and stormwater best management practices (BMPs) shall be implemented during the soil mitigation activities. in EXHIBIT A - Summary of Environmental Impacts and Mitigation 1008-1028 Carolan Ave. 6 1007-1025 Rollins Rd. Impact Mitigation Measures The soil stockpiles shall be profiled for landfill disposal in general accordance with the "CAL -EPA Department of Toxic Substances Control (DTSC) Information Advisory - Clean Imported Fill Material' document. The specific laboratory profile will be determined prior to excavation activities; however, it is anticipated that as a minimum, the stockpile samples will be analyzed for Total Petroleum Hydrocarbons as diesel and motor oil with silica gel cleanup (EPA 8015) and CAM 17 metals (EPA 60106). • Where impacted soils are encountered and removed, verification samples shall be collected from the resulting excavations. Sample areas exhibiting levels (see list below) in excess of the corresponding screening levels will be excavated an additional 12 inches vertically and laterally, with subsequent confirmation sampling. This process shall continue until all concentrations are below the applicable screening levels. Discrete soil samples shall be recovered from the center of 20 by 20 foot excavation grids identified with soil impact for laboratory testing (minimum one base sample per excavation). Sample grids exhibiting COPCs in excess of the corresponding residential ESLs will be excavated an additional twelve inches vertically with subsequent confirmation sampling. A minimum of one sample shall be recovered for each sidewall on a 20 lineal foot basis. Sidewall samples shall be recovered from the mid -point of the sidewall on a three vertical foot interval. This process shall continue until the laboratory testing shows that the soil left in place is below the corresponding ESLs. If groundwater is encountered within any remedial excavation, a grab water sample will be recovered in addition to the base sample(s). Refer to Appendix H for a full methodology of the verification sampling. It is anticipated that following soil stockpiling and characterization of impacted materials, these soil materials will be transported to an appropriate landfill facility. Prior to off-site disposal, soils shall be sampled and characterized. A minimum of one stockpile sample will be collected. As necessary, one sample per 250 cubic yards of stockpile volume will be collected. MM HAZ-1.7: Upon completion of the soil excavation, confirmation sampling and backfill, a final report documenting work for submittal to the County of San Mateo Environmental Health Department. The report will include details regarding soil excavation, sampling, and landfill disposal documentation. MM HAZ-1.8: A permit may be required for facility closure (i.e., demolition, removal, or abandonment) of any facility or ortion of a facilit e. ., lab where hazardous -10- EXHIBIT A - Summary of Environmental Impacts and Mitigation 1008-1028 Caro/an Ave. 6 1007-1025 Rollins Rd. Impact Mitigation Measures materials are used or stored. The Property Owner and/or Developer shall contact the Fire Department and San Mateo County Environmental Health Department to determine facility closure requirements prior to building demolition. MM HAZ-1.9: Due to the age of the on-site structures, building materials may contain asbestos. Because demolition of the buildings is planned, an asbestos survey is required by local authorities and/or National Emissions Standards for Hazardous Air Pollutants (NESHAP) guidelines. NESHAP guidelines require the removal of potentially friable asbestos containing building materials prior to building demolition or renovation that may disturb these materials. MM HAZ-1.10: The Consumer Product Safety Commission banned the use of lead as an additive in paint in 1978. Based on the age of the buildings, lead- based paint may be present. Because demolition is planned, the removal of lead-based paint is not required if it is bonded to the building materials. However, if the lead-based paint is flaking, peeling, or blistering, it shall be removed prior to demolition. In either case, applicable OSHA regulations must be followed; these include requirements for worker training, air monitoring and dust control, among others. Any debris or soil containing lead must be disposed appropriately. Geol Impact GEO-1: The presence of undocumented fill and MM GEO-1.1: The project shall be designed and expansive soils on-site would damage future buildings and constructed in conformance with the recommendations in improvements on-site unless mitigations are incorporated. the design -level geotechnical report prepared for the project and peer review (see Appendix I), which includes the removal and replacement of undocumented fill with engineered fill; measures addressing construction dewatering, hydrostatic uplift, and building waterproofing; and seismic design standards. -11- EXHIBIT "B" CONDITIONS OF APPROVAL 1008-1028 CAROLAN AVENUE & 1007-1025 ROLLINS ROAD RESIDENTIAL PROJECT Conditions of approval for Design Review, Vesting Tentative Map to merge and subdivide the existing four parcels, Condominium Permit and Tentative Condominium Map, Conditional Use Permits, Special Permits, Demolition Permit Exception, and Fence Height Exception: CONDITIONS: 1. that the project shall be built as shown on the plans submitted to the Planning Division date stamped May 19, 2015, sheets A0.0 through A5.4, 1-1.1 through 1-6.1, and TM 1.0 through TM 8.1; 2. that prior to issuance of a building permit for construction of the project, the project construction plans shall be modified to include a cover sheet listing all conditions of approval adopted by the Planning Commission, or City Council on appeal; which shall remain a part of all sets of approved plans throughout the construction process. Compliance with all conditions of approval is required; the conditions of approval shall not be modified or changed without the approval of the Planning Commission, or City Council on appeal; 3. that any changes to the size or envelope of building, which would include changing or adding exterior walls or parapet walls, shall require an amendment to this permit; 4. that any changes to building materials, exterior finishes, windows, architectural features, roof height or pitch, and amount or type of hardscape materials shall be subject to Planning Division or Planning Commission review (FYI or amendment to be determined by Planning staff); 5. that the townhome units shall incorporate aluminum clad wood windows with divided or simulated true divided lites, 6. that the maximum elevation at the top of the roof ridge shall not exceed elevation 61'-6" as measured from the average elevation at the top of the curb along Carolan Avenue (9'- 6'), and that the top of each floor and final roof ridge shall be surveyed and approved by the City Engineer as the framing proceeds and prior to final framing and roofing inspections. Should any framing exceed the stated elevation it shall be removed or adjusted so that the final height of the structure with roof shall not exceed the maximum height shown on the approved plans; 7. that the project shall include the following Transportation Demand Management Measures as proposed in the project description provided by the applicant dated July 11, 2014: a. Four electric vehicle charging stations b. Preparation for ten additional electric vehicle charging stations for apartments EXHIBIT B —CONDITIONS OF APPROVAL 1008-1028 Carolan Ave. & 1007-1025 Rollins Rd. C. Preparation for electric vehicle charging outlet in all townhome garages d. Provision for two -car -sharing vehicle spaces (e.g., Zipcar) e. 134 secure guest bicycle parking spaces f. Bike repair station g. Tenant web portal for carpooling h. Business center and conference room for telecommuting. 8. that as a community benefit, the project shall include 29 "Moderate Income" rental units, in conjunction with allowance for up to 152 compact parking spaces. The City Manager shall be authorized to execute an agreement with the applicant, with the provision that the units be affordable to households of "Moderate Income" category as defined as earning a maximum of 120% of San Mateo County Area Median Income (AMI), for a period of at least twenty-five (25) years; 9. that the City Manager will be authorized to negotiate a Use Agreement with the applicant to formalize the work share space in the apartment building to be available for community use by local community organizations consistent with the community meeting room use eligibility criteria set forth by the Burlingame Public Library. 10. that the conditions of the Building Division's June 13, 2014, May 14, 2014 and March 20, 2014 memos, the Park's Division's May 25, 2014 memo, , the Engineering Division's June 19, 2014 memo, and the Fire Division's June 16, 2014 and March 24, 2014 memos shall be met; 11. that prior to issuance of a building permit for the project, the applicant shall pay the first half of the public facilities impact fee in the amount of $613,809.50, made payable to the City of Burlingame and submitted to the Planning Division; 12. that prior to scheduling the final framing inspection, the applicant shall pay the second half of the public facilities impact fee in the amount of $613,809.50, made payable to the City of Burlingame and submitted to the Planning Division; 13. that the project shall comply with the Construction and Demolition Debris Recycling Ordinance which requires affected demolition, new construction and alteration projects to submit a Waste Reduction plan and meet recycling requirements; any partial or full demolition of a structure, interior or exterior, shall require a demolition permit; 14. that demolition or removal of the existing structures and any grading or earth moving on the site shall not occur until a building permit has been issued and such site work shall be required to comply with all the regulations of the Bay Area Air Quality Management District, except as provided under Condition of Approval #12 and/or unless applicant produces evidence, to the satisfaction of the Community Development Director, that special circumstances exist to warrant early demolition, in accordance with the provisions of Burlingame Municipal Code Chapter 18.07.065; 2 EXHIBIT B - CONDITIONS OF APPROVAL 1008-1028 Carolan Ave. & 1007-1025 Rollins Rd. 15. that early demolition and grading permits shall be issued in advance of a building permit to implement MM HAZ-1.1 through MM HAZ-1.6 in order to prepare the required report to comply with MM HAZ-1.7. Prior to issuance of the demolition and grading permits, the applicant will provide evidence that it is having plans prepared for the project for which the demolition is intended; 16. that during construction, the applicant shall provide fencing (with a fabric screen or mesh) around the project site to ensure that all construction equipment, materials and debris is kept on site; 17. that storage of construction materials and equipment on the street or in the public right- of-way shall be prohibited; 18. that the applicant shall comply with Ordinance 1503, the City of Burlingame Storm Water Management and Discharge Control Ordinance; 19. that the project shall meet all the requirements of the California Building and Uniform Fire Codes, 2013 Edition, as amended by the City of Burlingame; 20, that all construction shall abide by the construction hours established in the municipal code, with the exception that there shall be no construction activities on Sundays and holidays; 21. that this project shall comply with Ordinance No. 1477, Exterior Illumination Ordinance: 22. that the applicant shall prepare a construction staging and traffic control plan for the duration of construction for review and acceptance by the City Engineer prior to the issuance of a building permit; the construction staging plan shall include construction equipment parking, construction employee parking, timing and duration of various phases of construction and construction operations hours; the staging plan shall address public safety and shall ensure that worker's vehicles and construction equipment shall not be parked in public parking areas with exceptions for construction parking along the street frontages of the project site. 23. that a construction traffic management plan shall be submitted to the City for approval prior to the issuance of a demolition permit which addresses: (1) construction vehicle and delivery routes to and from the project site, including streets providing the safest access and having the least impact on existing traffic, and (2) additional traffic control such as signals, warning signs or flaggers to facilitate vehicular and pedestrian movement during construction activities. The following four (4) conditions shall be met during the Building Inspection process prior to the inspections noted in each condition: 24. that prior to scheduling the foundation inspection a licensed surveyor shall locate the property corners, set the building envelope; 25. that prior to scheduling the framing inspection, the project architect, engineer or other licensed professional shall provide architectural certification that the architectural details such as window locations and bays are built as shown on the approved plans; if there is 3 EXHIBIT B - CONDITIONS OF APPROVAL 1008-1028 Caro/an Ave. & 1007-1025 Rollins Rd. no licensed professional involved in the project, the property owner or contractor shall provide the certification under penalty of perjury. Certifications shall be submitted to the Building Division; 26. that prior to scheduling the roof deck inspection, a licensed surveyor shall shoot the height of the roof ridge and provide certification of that height to the Building Division; 27. that prior to final inspection, Planning Division staff will inspect and note compliance of the architectural details (trim materials, window type, etc.) to verify that the project has been built according to the approved Planning and Building plans; 2& that an exception from permitted fence heights shall be allowed to construct a solid fence or wall up to eight feet in height along the southern property line, with the following provisions: • Story poles shall be erected prior to construction of the fence or wall indicating the proposed height of the fence or wall structure; • Written documentation shall be provided to the Community Development Director indicating that the majority of abutting property owners have viewed the story poles and are in agreement with the proposed structure; • Should there not be majority agreement from abutting property owners regarding the height of the fence or wall, the item will return to the Planning Commission for further review. Mitigation Measures from Environmental Impact Report: 29. MM N0I-1.1: The proposed project includes a six-foot tall, acoustical glass fence at the opening of the central courtyard along the northern boundary of the project site to shield the outdoor use area from traffic noise along Carolan Avenue. The total length of the proposed fence would be approximately 45.5 feet, stretching from unit 2A to unit 1G, with approximately 3.5 feet used as an access gate. The proposed fence shall be continuous from grade to top, with no cracks or gaps, and have a minimum surface density of three pounds per square feet [e.g., one -inch thick marine -grade plywood, '/z -inch laminated glass, concrete masonry units (CMU)]. A fence height of six feet would be sufficient for reducing noise levels to 60 dBA CNEL or less. The fence height shall be measured relative to the elevation of the central courtyard. 30. MM N0I-1.2: At the time of final site design, a qualified acoustical consultant shall review the final site plan, building elevations, and floor plans prior to issuance of a building permit and project construction to calculate expected interior noise levels. Specific acoustical analyses shall be completed to confirm that the final site design results in interior noise levels reduced to 45 dBA CNEL or lower for all floors in each building on the project site. Buildings on the project site would need sound -rated construction methods and building facade treatments to maintain interior noise levels at or below acceptable levels. These treatments could include, but are not limited to, sound -rated windows and doors, sound -rated wall constructions, acoustical caulking, and protected ventilation openings. Implementation of these measures will result in F1 EXHIBIT B — CONDITIONS OF APPROVAL 1008-1028 Carolan Ave. & 1007-1025 Rollins Rd. reductions of at least 33 dBA CNEL in interior noise levels nearest US 101 having the worst-case noise exposure, which will achieve resulting interior noise levels of 45 dBA CNEL or less at the units. Similarly, interior noise levels within the remaining units have a relatively lower future noise exposures will also be maintained at or below 45 dBA CNEL with the implementation of these measures. The specific determination of what noise insulation treatments are necessary shall be conducted on a unit -by -unit basis during final design of the project. Results of the analysis, including the description of the necessary noise control treatments, shall be submitted to the City along with the building plans and approved design prior to issuance of a building permit. 31. MM N0I-1.3: Building sound insulation requirements shall include the provision of forced -air mechanical ventilation for all perimeter residential units so that windows could be kept closed at the occupant's discretion to control noise. 32. MM NOI-2.1: The project shall implement the following standard construction best management practices during all phases of construction: • Construction activities shall be limited to the daytime hours between 7:00 AM and 7:00 PM, Monday through Friday, and between 9:00 AM and 6:00 PM on Saturdays. There shall be no construction activities on Sundays and holidays. • Equip all internal combustion engine -driven equipment with intake and exhaust mufflers that are in good condition and appropriate for the equipment. • Unnecessary idling of internal combustion engines shall be strictly prohibited. • Locate stationary noise -generating equipment, such as air compressors or portable power generators, as far as possible from sensitive receptors. Construct temporary noise barriers to screen stationary noise -generating equipment when located near adjoining sensitive land uses. Temporary noise barriers could reduce construction noise levels by five dBA. • Utilize "quiet" air compressors and other stationary noise sources where technology exists. • Control noise from construction workers' radios to a point where they are not audible at existing residences bordering the project site. • The contractor shall prepare a detailed construction plan identifying the schedule for major noise -generating construction activities. The construction plan shall identify a procedure for coordination with adjacent residential land uses so that construction activities can be scheduled to minimize noise disturbance. • Designate a "disturbance coordinator' who would be responsible for responding to any complaints about construction noise. The disturbance coordinator will determine the cause of the noise complaint (e.g., bad muffler, etc.) and will require that reasonable measures be implemented to correct the problem. Conspicuously post a telephone number for the disturbance coordinator at the 5 EXHIBIT B — CONDITIONS OF APPROVAL 1008-1028 Caro/an Ave. 8 1007-1025 Rollins Rd. construction site and include in it the notice sent to neighbors regarding the construction schedule. Air Quality 33. MM AIR -1.1: The project shall implement the following standard BAAQMD dust control measures during all phases of construction on the project site: • All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. • All haul trucks transporting soil, sand, or other loose material off-site shall be covered. • All visible mud or dirt track -out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. • All vehicle speeds on unpaved roads shall be limited to 15 miles per hour (mph). • All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. • Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five minutes [as required by the California Airborne Toxics Control Measure Title 13, Section 2485 of California Code of Regulations (CCR)]. Clear signage shall be provided for construction workers at all access points. • All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. A publicly visible sign shall be posted with the telephone number and person to contact at the City of Burlingame regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Bay Area Air Quality Management Air District's phone number shall also be visible to ensure compliance with applicable regulations 34. MM AIR -2.1: All diesel -powered off-road equipment larger than 50 horsepower and operating at the site for more than two days continuously shall meet US EPA particulate matter emission standards for Tier 2 engines or equivalent. 35. MM AIR -2.2: All portable pieces of construction equipment (i.e., air compressors, cement mixers, concrete/industrial saws, generators, and welders) shall meet US EPA particulate matter emissions standards for Tier 4 engines or equivalent. 36. MM AIR -2.3: Avoid staging diesel -powered equipment within 100 feet of adjacent residences. 37. MM AIR -3.1: Install air filtration for residential units that have predicted cancer risks in C: EXHIBIT B — CONDITIONS OF APPROVAL 1008-1028 Carolan Ave. & 1007-1025 Rollins Rd. excess of 10 in one million or PM2.5 concentrations above 0.3 micrograms per cubic meter (Ng/m3) from either US 101 or the Caltrain rail line. Air filtration devices shall be rated MERV13 or higher. To ensure adequate health protection to sensitive receptors, a ventilation system shall meet the following minimal design standards (Department of Public Health, City and County of San Francisco, 2008): • A MERV13 or higher rating; • At least one air exchanges(s) per hour of fresh outside filtered air; and • At least four air exchange(s) per hour recirculation. Alternately, at the approval of the City, equivalent control technology may be used if it is shown by a qualified air quality consultant or heating, ventilation, and air conditioning (HVAC) engineer that it would reduce risk below significance thresholds. 38. MM AIR -3.2: Require an ongoing maintenance plan for the buildings' HVAC air filtration system. Recognizing that emissions from air pollution sources are decreasing, the maintenance period shall last as long as significant excess cancer risk or annual PM2.5 exposures are predicted. Subsequent studies shall be conducted by an air quality expert approved by the City to identify the ongoing need for the filtered ventilation systems as future information becomes available. 39. MM AIR -3.3: Ensure that the lease agreement and other property documents (e.g., CC&Rs): • Require cleaning, maintenance, and monitoring of the affected units for air flow leaks; • Include assurance that new owners and tenants are provided information on the ventilation system; and • Include provisions that fees associated with owning or leasing a unit(s) in the building include funds for cleaning, maintenance, monitoring, and replacements of the filters, as needed. 40. MM AIR -3.4: Require that, prior to building occupancy, an authorized air pollutant consultant or HVAC engineer verify the installation of all necessary measures to reduce toxic air contaminant (TAC) exposure. 41. MM AIR -3.5: The type of MERV-rated filtration required to be installed as part of the ventilation system in the residential building shall be as follows: • A minimum of MERV13 shall be installed unless the increased cancer risk can be demonstrated to be less than 10 in one million; and • MERV16 filtration shall be utilized for areas where the increased cancer risk is greater than 20.0 in one million for unmitigated cancer risks. • Note that PM2.5 concentrations at all sensitive receptor locations across the site would also be reduced to a level of less than significant by using MERV13 and 7 EXHIBIT B -CONDITIONS OF APPROVAL 1008-1028 Carolan Ave. 8 1007-1025 Rollins Rd. MERV16 filters necessary to mitigate excess cancer risk. Biological Resources 42. MM BIO -1.1: Avoidance and Inhibit Nesting. Construction and tree removal/pruning activities shall be scheduled to avoid the nesting season to the extent feasible. If feasible, tree removal and/or pruning shall be completed before the start of the nesting season to help preclude nesting. The nesting season for most birds and raptors in the San Francisco Bay area extends from 1 February through 31 August. 43. MM BIO -1.2: Preconstruction Survey(s). If it is not possible to schedule construction activities between 1 September and 31 January then a qualified ornithologist shall conduct a preconstruction survey to identify active bird nests that may be disturbed during project construction. This survey shall be completed no more than seven (7) days prior to the initiation of demolition/construction activities (including tree removal and pruning). During this survey, the ornithologist shall inspect all trees and other possible nesting habitats in and immediately adjacent to the construction areas for nests. If the survey does not identify any nesting birds that would be affected by construction activities, no further mitigation is required. If an active nest is found sufficiently close to work areas to be disturbed by these activities, the ornithologist (in consultation with the CDFW) shall designate a construction -free buffer zone (typically 300 feet for raptors and 100 feet for non -raptors) to be established around the nest to ensure that no nests of species protected by the FMBTA and California Fish and Game Code will be disturbed during construction activities. The buffer shall remain in place until a qualified ornithologist has determined that the nest is no longer active. 44. MM BIO -1.3: Reporting. A final report on nesting birds and raptors, including survey methodology, survey date(s), map of identified active nests (if any), and protection measures (if required), shall be submitted to the Planning Manager and be completed to the satisfaction of the Community Development Director prior to the start of grading. Cultural Resources 45. MM CUL -1.1: Unique Paleontological and/or Geologic Features and Reporting Should a unique paleontological resource or site or unique geological feature be identified at the project site during any phase of construction, all ground disturbing activities within 25 feet shall cease and the City Planning Manager notified immediately. A qualified paleontologist shall evaluate the find and prescribe mitigation measures to reduce impacts to a less than significant level. The identified mitigation measures shall be implemented. Work may proceed on other parts of the project site while mitigation for paleontological resources or geologic features is carried out. Upon completion of the paleontological assessment, a report shall be submitted to the City and, if paleontological materials are recovered, a paleontological repository, such as the University of California Museum of Paleontology. 0 EXHIBIT B — CONDITIONS OF APPROVAL 1008-1028 Carolan Ave. & 1007-1025 Rollins Rd 46. MM CUL -1.2: Undiscovered Cultural Resources. A testing program to assess the potential presence or absence of undiscovered cultural resources shall be implemented by a qualified archaeologist after all buildings and other materials obscuring the ground surface have been removed, but before any construction related grading or trenching, in order to search for possible buried archaeological resources. In the event archaeological deposits are discovered, work shall be halted within a sensitivity zone to be determined by the archaeologist. The archaeologist shall prepare a plan for evaluation of the resource to the California Register and submit the plan to the City's Planning Manager for review and approval prior to any construction related earthmoving within the identified zone of archaeological sensitivity. The plan shall also include appropriate recommendations regarding the significance of the find and the appropriate mitigation. The identified mitigation shall be implemented and can take the form of limited data retrieval through hand excavation coupled with continued archaeological monitoring inside of the archaeologically sensitive zone to ensure that significant data and materials are recorded and/or removed for analysis. Monitoring also serves to identify and thus limit damage to human remains and associated grave goods. 47. MM CUL -1.3: Human Remains. Pursuant to Section 7050.5 of the Health and Safety Code and Section 5097.94 of the Public Resources Code of the State of California, in the event of the discovery of human remains during construction, there shall be no further excavation or disturbance of the site within a 100 -foot radius of the remains or any nearby area reasonably suspected to overlie adjacent remains. The San Mateo County Coroner shall be notified and shall make a determination as to whether the remains are Native American. If the Coroner determines that the remains are not subject to his authority, he shall notify the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall attempt to identify descendants of the deceased Native American. If no satisfactory agreement can be reached as to the disposition of the remains pursuant to this State law, then the land owner shall re -inter the human remains and items associated with Native American burials on the property in a location not subject to further subsurface disturbance. 48. MM CUL -1.4: Report of Archaeological Resources If archaeological resources are identified, a final report summarizing the discovery of cultural materials shall be submitted to the City's Planning Manager prior to issuance of building permits. This report shall contain a description of the mitigation program that was implemented and its results, including a description of the monitoring and testing program, a list of the resources found and conclusion, and a description of the disposition/curation of the resources. Hazardous Materials 49. MM HAZ-1.1: Thirty-two above ground lifts were noted in the auto servicing areas of CalBay Collision, Anchor Auto Body & Detailing, Hyundai of Burlingame, Chilton Auto Body, Topline Automobile, and Cammisa Motor Car Company. Seven below ground lifts were observed inside the auto servicing area of CalBay Collision. Two above -ground auto lifts, two capped grouted lifts and six former lifts were noted at Chilton auto body. N EXHIBIT B -CONDITIONS OF APPROVAL 1008-1028 Carolan Ave. & 1007-1025 Rollins Rd. The existing lifts shall be removed in accordance with local regulations. Selective sampling shall also be conducted to confirm that residual contamination, if present, does not exceed residential ESLs and RSLs. 50. MM HAZ-1.2: A Health and Safety Plan (HSP) shall be developed to establish appropriate protocols for working in contaminated materials. Workers conducting Site investigation and earthwork activities in areas of contamination shall complete a 40 -hour HAZWOPER training course (29 CFR 1910.120 1), including respirator and personal protective equipment training. Each contractor will be responsible for the health and safety of their employees as well as for compliance with all applicable federal, state, and local laws and guidelines. This document shall be provided to the City and the oversight agency prior to issuance of demolition and grading permits. 51. MM HAZ-1.3: A Ground Water Management Plan shall be prepared to evaluate water quality and discharge/disposal alternatives; the pumped water shall not be used for on- site dust control or any other on-site use. If long-term dewatering is required, the means and methods to extract, treat and dispose of ground water also shall be presented. 52. MM HAZ-1.4: Some components encountered as part of the building demolition waste stream may contain hazardous materials. Universal wastes, lubrication fluids, CFCs, and HCFC's shall be removed before structural demolition begins. Materials that may result in possible risk to human health and the environment when improperly managed include lamps, thermostats, and light switches containing mercury; batteries from exit signs, emergency lights, and smoke alarms; lighting ballasts which contain PCBs; and lead pipes and roof vent flashings. Demolition waste such as fluorescent lamps, PCB ballasts, lead acid batteries, mercury thermostats, and lead flashings have special case- by-case requirements for generation, storage, transportation, and disposal. Before disposing of any demolition waste, the Owner, Developer and Demolition Contractor shall determine if the waste is hazardous and shall ensure proper disposal of waste materials. 53. MM HAZ-1.5: Significant quantities of asphalt concrete (AC) grindings, aggregate base (AB), and Portland Cement Concrete (PCC) will be generated during demolition activities. AC/AB grindings shall not be reused beneath building areas. 54. MM HAZ-1.6: During demolition and construction activities, contaminated material may be encountered. A Soil Management Plan (SMP), prepared by ENGEO, establishing management practices for handling contaminated soil, groundwater, or other materials for the site has been approved by the San Mateo County Environmental Health Department. The SMP (refer to Appendix H) includes the following protocols and safety measures: • ENGEO will provide full-time observation services during demolition and grading activities. Soils encountered across the entire property will be observed for discoloration/staining or olfactory evidence of contaminant impacts, with particular attention given to the location of identified soil impacts. In the event unforeseen environmental conditions, such as those listed above, are 10 EXHIBIT B - CONDITIONS OF APPROVAL 1008-1028 Carolan Ave. 8 1007-1025 Rollins Rd. encountered during demolition and pre -grading work, the site SMP shall be implemented. • Once the buildings on-site have been demolished and the debris removed from the site, the soil beneath the buildings in the area of the planned underground parking structure will be characterized for removal to the appropriate landfill. The findings from this study will be used to begin to quantify the soil for the various disposal options prior to beginning the excavation. Refer to the SMP in Appendix H for a full methodology on soil characterization. • Primarily, visual and olfactory evidence will be used to screen for contaminated soil; however, a photo -ionization detector (PID) will also be used to further screen soils for potential contaminates, as well as ambient air during excavation work. The specific locations of air monitoring will be field -adjusted based on potential access and safety limitations, but will generally include within the excavation area, along with the perimeter of the excavation. PID readings will generally be taken at least every hour and whenever suspect material is encountered. Refer to Appendix H for a complete methodology of the PID screenings. With regard to ambient air screening, any PID reading for volatile organics that is 10 ppm above background for more than three minutes will result in a stop work order. Background shall be determined at the beginning of the day prior to excavation activities. Work shall not continue until PID readings have attenuated below the action level. The PID will provide real-time data on the presence of potentially hazardous compounds to provide for proper selection of Personnel Protection Equipment (PPE). The initial PPE will be Level D (modified) which includes safety glasses, hard hat, steel -toed boots, gloves, hearing protection, and high visibility vests. In the unlikely event significant unforeseen environmental conditions are discovered, work shall stop and San Mateo County Environmental Health will be contacted. A primary and backup PID unit will be maintained onsite for the duration of fieldwork. Each unit will be fully charged and calibrated daily. Work activities shall be conducted Monday through Friday between 7:00 AM and 6:00 PM. Excavation will be performed using a combination of scrapers, backhoes, track -mounted excavators and/or loaders. The contractor will adhere to OSHA guidelines. If excavations require shoring, it will be provided by the contractor. • The development will include an engineered cut of up to six (6) to nine (9) feet below the ground surface in the northern portion of the site for the construction of the underground parking. Prior to beginning the excavation, the soil in the planned excavation area will be characterized to determine the appropriate disposal options and to allow for excavation and off -haul without first stockpiling on site. 11 EXHIBIT B — CONDITIONS OF APPROVAL 1008.1028 Carolan Ave. & 1007-1025 Rollins Rd. A PID will be used to screen soils during the excavation. Also, if soils exhibiting evidence of environmental impact (e.g., odor or staining) are identified at the proposed margins or bottom of the excavation, the excavation shall be advanced to a greater depth and/or lateral dimension as appropriate until impacted soils exhibiting evidence of impact have been removed. 55. MM HAZ-1.7: Upon completion of the soil excavation, confirmation sampling and backfill, a final report documenting work for submittal to the County of San Mateo Environmental Health Department. The report will include details regarding soil excavation, sampling, and landfill disposal documentation. 56. MM HAZ-1.8: A permit may be required for facility closure (i.e., demolition, removal, or abandonment) of any facility or portion of a facility (e.g., lab) where hazardous materials are used or stored. The Property Owner and/or Developer shall contact the Fire Department and San Mateo County Environmental Health Department to determine facility closure requirements prior to building demolition. 57. MM HAZ-1.9: Due to the age of the on-site structures, building materials may contain asbestos. Because demolition of the buildings is planned, an asbestos survey is required by local authorities and/or National Emissions Standards for Hazardous Air Pollutants (NESHAP) guidelines. NESHAP guidelines require the removal of potentially friable asbestos containing building materials prior to building demolition or renovation that may disturb these materials. 58. MM HAZ-1.10: The Consumer Product Safety Commission banned the use of lead as an additive in paint in 1978. Based on the age of the buildings, lead-based paint may be present. Because demolition is planned, the removal of lead-based paint is not required if it is bonded to the building materials. However, if the lead-based paint is flaking, peeling, or blistering, it shall be removed prior to demolition. In either case, applicable OSHA regulations must be followed; these include requirements for worker training, air monitoring and dust control, among others. Any debris or soil containing lead must be disposed appropriately. Geology 59. MM GEO-1.1: The project shall be designed and constructed in conformance with the recommendations in the design -level geotechnical report prepared for the project and peer review (see Appendix 1), which includes the removal and replacement of undocumented fill with engineered fill; measures addressing construction dewatering, hydrostatic uplift, and building waterproofing; and seismic design standards. 12 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING APPLICATIONS FOR DESIGN REVIEW, A CONDOMINIUM PERMIT, CONDITIONAL USE PERMITS, SPECIAL PERMITS, FENCE EXCEPTION, REQUEST FOR EARLY DEMOLITION, AND OF A VESTING TENTATIVE MAP FOR A MULTI- FAMILY DEVELOPMENT CONSISTING OF 22 RESIDENTIAL CONDOMINIUMS AND 268 RESIDENTIAL APARTMENTS ON PROPERTY LOCATED AT 1008-1028 CAROLAN AVENUE AND 1007-1025 ROLLINS ROAD (ASSESSOR PARCEL NOS: 026-240-290, 026-240-340, 026-240-360 & 026-240-370) WHEREAS, on March 7, 2014 SummerHill Apartment Communities filed an application with the City of Burlingame Community Development Department — Planning Division requesting approval of the following requests: • Design Review for a multi -family development consisting of 22 residential townhome condominium units and 268 residential apartment units, • Vesting Tentative Map to merge and subdivide the existing four parcels that constitute the development site; • A Condominium Permit to establish the 22 townhomes; • Conditional Use Permits for the multiple family residential use and for building height for the two apartment buildings allowing a height of up to 61 -feet, six -inches tall, where buildings over 35 feet tall (to a maximum height of 75 feet) require a conditional use permit; • Special Permits for a driveway within the required 20 -foot setback along the south property line and to allow a 34 -foot, four -inch building height for the condominium structures where a special permit is required for buildings between 30 feet and 36 feet in height; • A Fence Height Exception to permit a fence with a height of a maximum height of eight - feet for a solid fence along the south property line adjacent to the Toyon Drive properties; and • Authorization for early demolition of existing site improvements; and WHEREAS, on June 23, 2014 the Planning Commission conducted a duly noticed public hearing (design review study session/environmental scoping session) to review and comment upon the project design and to identify subjects to be analyzed in the project Environmental Impact Report (EIR). At that time direction was provided to the applicant for revisions to the project design and comments were received from the Commission and public regarding issues to be addressed in the project EIR; and WHEREAS, a Draft EIR was prepared to analyze project impacts, said DEIR was 1 RESOLUTION NO. circulated for public review and comment commencing on February 6, 2015 and concluding on April 3, 2015. During the circulation period, the Planning Commission conducted a duly noticed public hearing on March 9, 2015 that provided the opportunity for the Commission and interest members of the public to provide commentary on the analysis contained within the project EIR; and WHEREAS, a Final EIR for the project was prepared following conclusion of the circulation period for the DEIR on April 3, 2015; the FEIR containing responses to all comments received on the DEIR was released for public review on May 15, 2015; and WHEREAS, the Planning Commission conducted a duly noticed public hearing on May 26, 2015 at which time it considered certification of the final EIR and approval of all project entitlements. Following consideration of all information contained in the May 26, 2015 staff report to the Planning Commission regarding the project, all written correspondence, and all public comments received at the public hearing, the Commission passed motions to certify the final EIR and grant all project entitlements. Resolutions memorializing the Planning Commissions actions were adopted at its regular meeting of June 8, 2015; and WHEREAS, on May 21, 2015 the Mayor submitted an email to the City Clerk informing her that she wished to have the Summerhill Apartment Communities project, including certification of the FEIR, reviewed by the full City Council; and WHEREAS, on June 15, 2015, the City Council conducted a duly noticed public hearing to consider certification of the FEIR and on the project and all project entitlements, at which time it reviewed and considered the staff report and all other written materials and oral testimony presented at said hearing; and WHEREAS, as a result of the information presented at the June 15, 2015 public hearing, the City Council hereby makes the following findings relative to each aspect of the project application: Design Review Findings: • The project design is compatible with the existing character of the neighborhood, in that it mediates between the high- and low-density developments in the area to create a continuous residential neighborhood, is well articulated and landscaped, embraces the street and the pedestrian realm, provides pedestrian circulation within and through the project, provides significant amenities within the development, and exhibits sensitivity to the existing neighborhood pattern; • The project design respects the mass and fine scale of adjacent buildings even when using different architectural styles, in that the design exhibits thoughtful massing, character and pedestrian scale, successfully creates a good transition between the high -density to low density neighborhood, and has upper top story setback so the design fits into the setting; 2 RESOLUTION NO. • The project design maintains the tradition of architectural diversity, but with human scale regardless of the architectural style used in that the architectural style blends traditional and contemporary design elements to be compatible with adjacent neighborhoods and the City as a whole, and that human scale is provided with entries, recessed windows with projecting sills, trellises, porches, balconies, and a variety of materials; and • The project design incorporates quality materials and thoughtful design which will last into the future, in that the building materials include brick, plaster, horizontal siding, ornamental railings, and trellises, and high-quality windows, roofing, and paving materials. Vesting Tentative Map Findings: The proposed parcel map, together with the provisions for its design and improvement, is consistent with the Burlingame General Plan and consistent with the provisions of the Subdivision Map Act, and that the site is physically suited for the proposed type and density of development in that it provides residential use in an area identified as suitable for such use in the Burlingame General Plan Housing Element, provides ample vehicular and pedestrian circulation to serve the project, and is consistent with required development standards including setbacks, lot coverage and building height. Condominium Permit Findings: • The project as designed represents sound community planning; the economic, ecological, social and aesthetic qualities of the community, and on public health, safety and general welfare in that the 22 townhome condominiums are scaled to be compatible with adjacent existing single family dwellings, feature ample landscaping with water - conserving features and design, provide vehicular parking access removed from public streets, and provide a variety of dwelling types suitable to a range of households; • The overall impact on schools, parks, utilities, neighborhoods, streets, traffic, parking and other community facilities and resources are adequately addressed through mitigations designed into the project and the FEIR has found there will be no significant impacts; and • The project is in conformance with the general plan and density permitted by zoning regulations, in that the project provides residential units consistent with the applicable general plan and zoning designations. Conditional Use Permit Findings (Building Height for Apartment Buildings): • The proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, 3 RESOLUTION NO. safety, general welfare, or convenience in that the project links together existing residential uses on each side to create a continuous residential neighborhood, the massing satisfies the general plan objective to provide high-density residential development while being scaled to be compatible with existing adjacent development, building massing steps down to adjacent streets and residences, and landscaping provides visual enhancement and privacy; • The proposed use will be located and conducted in a manner in accord with the Burlingame General Plan and the purposes of this title, in that it provides a residential use on a properties determined to be suitable for such use in the Burlingame General Plan Housing Element; • The Planning Commission has imposed such reasonable conditions or restrictions as it deems necessary to secure the purposes of the Zoning Code and to assure operation of the use in a manner compatible with the aesthetics, mass, bulk and character of existing and potential uses on adjoining properties in the general vicinity. Special Permit Findings (Driveway Location and Building Height for Townhomes): • The blend of mass, scale and dominant structural characteristics of the new construction are consistent with the existing street and neighborhood, in that the townhomes have been scaled to be compatible with adjacent single family dwellings, the driveway is a benefit to the transition to the adjacent single-family neighborhood, and the landscape plan provides for extensive screening; • The variety of roof line, facade, exterior finish materials and elevations of the proposed new structure is consistent with the street and neighborhood, in that the that the architectural style blends traditional and contemporary design elements to be compatible with the street and neighborhood, including gabled roofs, plaster and lap siding, and porches; • The proposed project is consistent with the residential design guidelines adopted by the city, in that it is meets design review criteria applicable to multifamily residential development as set forth in Municipal Code Section 25.57.030(f); and • Removal of any trees located within the footprint of any is necessary and is consistent with the city's reforestation requirements, and the mitigation for the removal that is proposed is appropriate, in that the 16 trees to be removed are necessary for the project and the removal will be mitigated by the addition of 174 new trees. Fence Height Exception: • There are exceptional circumstances, in that the fence height represents a continuation of an existing condition initially provided to mitigate differences in land uses, and is a request put forward by adjacent property owners after engagement with the applicant; rd RESOLUTION NO. • That there is no public hazard, in that the wall will be required to obtain a Building Permit and will be evaluated for structural integrity accordingly; • That neighboring properties will not be materially damaged, in that the wall will utilize a pier foundation to minimize disruption to adjoining landscaping, and that the request is put forward by the owners of the neighboring properties; • That the regulations cause unnecessary hardship upon the petitioner, in that the regulations would not otherwise permit reconstruction of the existing privacy wall in a manner to which the owners of the neighboring properties are accustomed. Early Demolition: There are special circumstances that exist in this instance, in that site preparation will require the potential clean-up of contaminants. Mitigation Measures MM HAZ-1.1 through MM HAZ 1.6 identified in the EIR present special circumstances to warrant early demolition and grading in order to prepare the required report to comply with MM HAZ-1.7, and the provision for early demolition specific to these circumstances is incorporated into Condition #12 of this Resolution; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Burlingame, that the applications for Design Review, Vesting Tentative Map, Condominium Permit, Conditional Use Permits for building height, Special Permits for driveway location and building height, Fence Height Exception, and Early Demolition of existing improvements are hereby granted, subject to the following conditions: 1, that the project shall be built as shown on the plans submitted to the Planning Division date stamped May 19, 2015, sheets A0.0 through A5.4, L1.1 through L6.1, and TM 1.0 through TM 8.1; 2. that prior to issuance of a building permit for construction of the project, the project construction plans shall be modified to include a cover sheet listing all conditions of approval adopted by the Planning Commission, or City Council on appeal; which shall remain a part of all sets of approved plans throughout the construction process. Compliance with all conditions of approval is required; the conditions of approval shall not be modified or changed without the approval of the Planning Commission, or City Council on appeal; 3. that any changes to the size or envelope of building, which would include changing or adding exterior walls or parapet walls, shall require an amendment to this permit; 4. that any changes to building materials, exterior finishes, windows, architectural features, roof height or pitch, and amount or type of hardscape materials shall be subject to Planning Division or Planning Commission review (FYI or amendment to be determined by Planning staff); 5 RESOLUTION NO. 5. that the townhome units shall incorporate aluminum clad wood windows with divided or simulated true divided lights; 6. that the maximum elevation at the top of the roof ridge shall not exceed elevation 61'-6" as measured from the average elevation at the top of the curb along Carolan Avenue (9'- 6), and that the top of each floor and final roof ridge shall be surveyed and approved by the City Engineer as the framing proceeds and prior to final framing and roofing inspections. Should any framing exceed the stated elevation it shall be removed or adjusted so that the final height of the structure with roof shall not exceed the maximum height shown on the approved plans; 7. that the project shall include the following Transportation Demand Management Measures as proposed in the project description provided by the applicant dated July 11, 2014: a. Four electric vehicle charging stations b. Preparation for ten additional electric vehicle charging stations for apartments C. Preparation for electric vehicle charging outlet in all townhome garages d. Provision for two -car -sharing vehicle spaces (e.g., Zipcar) e. 134 secure guest bicycle parking spaces f. Bike repair station g. Tenant web portal for carpooling h. Business center and conference room for telecommuting a. that as a community benefit, the project shall include 29 "Moderate Income" rental units, in conjunction with allowance for up to 152 compact parking spaces. The City Manager shall be authorized to execute an agreement with the applicant, with the provision that the units be affordable to households of "Moderate Income' category as defined as earning a maximum of 120% of the San Mateo County Area Median Income (AMI), for a period of at least twenty-five (25) years; 9. that the City Manager will be authorized to negotiate a Use Agreement with the applicant to formalize the work share space in the apartment building to be available for community use by local community organizations consistent with the community meeting room use eligibility criteria set forth by the Burlingame Public Library; 10. that the conditions of the Building Division's June 13, 2014, May 14, 2014 and March 20, 2014 memos, the Park's Division's May 25, 2014 memo, , the Engineering Division's June 19, 2014 memo, and the Fire Division's June 16, 2014 and March 24, 2014 memos shall be met, n. RESOLUTION NO. 11. that prior to issuance of a building permit for the project, the applicant shall pay the first half of the public facilities impact fee in the amount of $613,809.50, made payable to the City of Burlingame and submitted to the Planning Division; 12. that prior to scheduling the final framing inspection, the applicant shall pay the second half of the public facilities impact fee in the amount of $613,809.50, made payable to the City of Burlingame and submitted to the Planning Division; 13. that the project shall comply with the Construction and Demolition Debris Recycling Ordinance which requires affected demolition, new construction and alteration projects to submit a Waste Reduction plan and meet recycling requirements; any partial or full demolition of a structure, interior or exterior, shall require a demolition permit; 14. that demolition or removal of the existing structures and any grading or earth moving on the site shall not occur until a building permit has been issued and such site work shall be required to comply with all the regulations of the Bay Area Air Quality Management District, except as provided under Condition of Approval #12 and/or unless applicant produces evidence, to the satisfaction of the Community Development Director, that special circumstances exist to warrant early demolition, in accordance with the provisions of Burlingame Municipal Code Chapter 18.07.065; 15. that early demolition and grading permits shall be issued in advance of a building permit to implement MM HAZ-1.1 through MM HAZ-1.6 in order to prepare the required report to comply with MM HAZ-1.7. Prior to issuance of the demolition and grading permits, the applicant will provide evidence that it is having plans prepared for the project for which the demolition is intended; 16. that during construction, the applicant shall provide fencing (with a fabric screen or mesh) around the project site to ensure that all construction equipment, materials and debris is kept on site; 17. that storage of construction materials and equipment on the street or in the public right- of-way shall be prohibited; 18. that the applicant shall comply with Ordinance 1503, the City of Burlingame Storm Water Management and Discharge Control Ordinance; 19. that the project shall meet all the requirements of the California Building and Uniform Fire Codes, 2013 Edition, as amended by the City of Burlingame; 20. that all construction shall abide by the construction hours established in the municipal code, with the exception that there shall be no construction activities on Sundays and holidays; 21. that this project shall comply with Ordinance No. 1477, Exterior Illumination Ordinance: 22. that the applicant shall prepare a construction staging and traffic control plan for the duration of construction for review and acceptance by the City Engineer prior to the 7 RESOLUTION NO. issuance of a building permit; the construction staging plan shall include construction equipment parking, construction employee parking, timing and duration of various phases of construction and construction operations hours; the staging plan shall address public safety and shall ensure that worker's vehicles and construction equipment shall not be parked in public parking areas with exceptions for construction parking along the street frontages of the project site. 23. that a construction traffic management plan shall be submitted to the City for approval prior to the issuance of a demolition permit which addresses: (1) construction vehicle and delivery routes to and from the project site, including streets providing the safest access and having the least impact on existing traffic, and (2) additional traffic control such as signals, warning signs or flaggers to facilitate vehicular and pedestrian movement during construction activities. The following four (4) conditions shall be met during the Building Inspection process prior to the inspections noted in each condition: 24. that prior to scheduling the foundation inspection a licensed surveyor shall locate the property corners, set the building envelope; 25. that prior to scheduling the framing inspection, the project architect, engineer or other licensed professional shall provide architectural certification that the architectural details such as window locations and bays are built as shown on the approved plans; if there is no licensed professional involved in the project, the property owner or contractor shall provide the certification under penalty of perjury. Certifications shall be submitted to the Building Division; 26. that prior to scheduling the roof deck inspection, a licensed surveyor shall shoot the height of the roof ridge and provide certification of that height to the Building Division; 27. that prior to final inspection, Planning Division staff will inspect and note compliance of the architectural details (trim materials, window type, etc.) to verify that the project has been built according to the approved Planning and Building plans; 28. that an exception from permitted fence heights shall be allowed to construct a solid fence or wall up to eight feet in height along the southern property line, with the following provisions: • Story poles shall be erected prior to construction of the fence or wall indicating the proposed height of the fence or wall structure; • Written documentation shall be provided to the Community Development Director indicating that the majority of abutting property owners have viewed the story poles and are in agreement with the proposed structure; H RESOLUTION NO. • Should there not be majority agreement from abutting property owners regarding the height of the fence or wall, the item will return to the Planning Commission for further review. Mitigation Measures from Environmental Impact Report: 29. MM NOI-1.1: The proposed project includes a six-foot tall, acoustical glass fence at the opening of the central courtyard along the northern boundary of the project site to shield the outdoor use area from traffic noise along Carolan Avenue. The total length of the proposed fence would be approximately 45.5 feet, stretching from unit 2A to unit 1G, with approximately 3.5 feet used as an access gate. The proposed fence shall be continuous from grade to top, with no cracks or gaps, and have a minimum surface density of three pounds per square feet [e.g., one -inch thick marine -grade plywood, '/-inch laminated glass, concrete masonry units (CMU)]. A fence height of six feet would be sufficient for reducing noise levels to 60 dBA CNEL or less. The fence height shall be measured relative to the elevation of the central courtyard. 30. MM NOI-1.2: At the time of final site design, a qualified acoustical consultant shall review the final site plan, building elevations, and floor plans prior to issuance of a building permit and project construction to calculate expected interior noise levels. Specific acoustical analyses shall be completed to confirm that the final site design results in interior noise levels reduced to 45 dBA CNEL or lower for all floors in each building on the project site. Buildings on the project site would need sound -rated construction methods and building facade treatments to maintain interior noise levels at or below acceptable levels. These treatments could include, but are not limited to, sound -rated windows and doors, sound -rated wall constructions, acoustical caulking, and protected ventilation openings. Implementation of these measures will result in reductions of at least 33 dBA CNEL in interior noise levels nearest US 101 having the worst-case noise exposure, which will achieve resulting interior noise levels of 45 dBA CNEL or less at the units. Similarly, interior noise levels within the remaining units have a relatively lower future noise exposures will also be maintained at or below 45 dBA CNEL with the implementation of these measures. The specific determination of what noise insulation treatments are necessary shall be conducted on a unit -by -unit basis during final design of the project. Results of the analysis, including the description of the necessary noise control treatments, shall be submitted to the City along with the building plans and approved design prior to issuance of a building permit. 31. MM NOI-1.3: Building sound insulation requirements shall include the provision of forced -air mechanical ventilation for all perimeter residential units so that windows could be kept closed at the occupant's discretion to control noise. E RESOLUTION NO. 32. MM NOI-2.1: The project shall implement the following standard construction best management practices during all phases of construction: • Construction activities shall be limited to the daytime hours between 7:00 AM and 7:00 PM, Monday through Friday, and between 9:00 AM and 6:00 PM on Saturdays. There shall be no construction activities on Sundays and holidays. • Equip all internal combustion engine -driven equipment with intake and exhaust mufflers that are in good condition and appropriate for the equipment. • Unnecessary idling of internal combustion engines shall be strictly prohibited. • Locate stationary noise -generating equipment, such as air compressors or portable power generators, as far as possible from sensitive receptors. Construct temporary noise barriers to screen stationary noise -generating equipment when located near adjoining sensitive land uses. Temporary noise barriers could reduce construction noise levels by five dBA. • Utilize "quiet" air compressors and other stationary noise sources where technology exists. • Control noise from construction workers' radios to a point where they are not audible at existing residences bordering the project site. • The contractor shall prepare a detailed construction plan identifying the schedule for major noise -generating construction activities. The construction plan shall identify a procedure for coordination with adjacent residential land uses so that construction activities can be scheduled to minimize noise disturbance. • Designate a "disturbance coordinator" who would be responsible for responding to any complaints about construction noise. The disturbance coordinator will determine the cause of the noise complaint (e.g., bad muffler, etc.) and will require that reasonable measures be implemented to correct the problem. Conspicuously post a telephone number for the disturbance coordinator at the construction site and include in it the notice sent to neighbors regarding the construction schedule. Air Quality 33. MM AIR -1.1: The project shall implement the following standard BAAQMD dust control measures during all phases of construction on the project site: • All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. • All haul trucks transporting soil, sand, or other loose material off-site shall be covered. 10 RESOLUTION NO. • All visible mud or dirt track -out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. • All vehicle speeds on unpaved roads shall be limited to 15 miles per hour (mph). • All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. • Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five minutes [as required by the California Airborne Toxics Control Measure Title 13, Section 2485 of California Code of Regulations (CCR)]. Clear signage shall be provided for construction workers at all access points. • All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. A publicly visible sign shall be posted with the telephone number and person to contact at the City of Burlingame regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Bay Area Air Quality Management Air District's phone number shall also be visible to ensure compliance with applicable regulations 34. MM AIR -2.1: All diesel -powered off-road equipment larger than 50 horsepower and operating at the site for more than two days continuously shall meet US EPA particulate matter emission standards for Tier 2 engines or equivalent. 35. MM AIR -2.2: All portable pieces of construction equipment (i.e., air compressors, cement mixers, concrete/industrial saws, generators, and welders) shall meet US EPA particulate matter emissions standards for Tier 4 engines or equivalent. 36. MM AIR -2.3: Avoid staging diesel -powered equipment within 100 feet of adjacent residences. 37. MM AIR -3.1: Install air filtration for residential units that have predicted cancer risks in excess of 10 in one million or PM2.5 concentrations above 0.3 micrograms per cubic meter (Ng/m3) from either US 101 or the Caltrain rail line. Air filtration devices shall be rated MERV13 or higher. To ensure adequate health protection to sensitive receptors, a ventilation system shall meet the following minimal design standards (Department of Public Health, City and County of San Francisco, 2008): • A MERV13 or higher rating; • At least one air exchanges(s) per hour of fresh outside filtered air; and 11 RESOLUTION NO. • At least four air exchange(s) per hour recirculation. Alternately, at the approval of the City, equivalent control technology may be used if it is shown by a qualified air quality consultant or heating, ventilation, and air conditioning, (HVAC) engineer that it would reduce risk below significance thresholds. 38. MM AIR -3.2: Require an ongoing maintenance plan for the buildings' HVAC air filtration system. Recognizing that emissions from air pollution sources are decreasing, the maintenance period shall last as long as significant excess cancer risk or annual PM2.5 exposures are predicted. Subsequent studies shall be conducted by an air quality expert approved by the City to identify the ongoing need for the filtered ventilation systems as future information becomes available. 39. MM AIR -3.3: Ensure that the lease agreement and other property documents (e.g., CC&Rs): • Require cleaning, maintenance, and monitoring of the affected units for air flow leaks; • Include assurance that new owners and tenants are provided information on the ventilation system; and • Include provisions that fees associated with owning or leasing a unit(s) in the building include funds for cleaning, maintenance, monitoring, and replacements of the filters, as needed. 40. MM AIR -3.4: Require that, prior to building occupancy, an authorized air pollutant consultant or HVAC engineer verify the installation of all necessary measures to reduce toxic air contaminant (TAC) exposure. 41. MM AIR -3.5: The type of MERV-rated filtration required to be installed as part of the ventilation system in the residential building shall be as follows: • A minimum of MERV13 shall be installed unless the increased cancer risk can be demonstrated to be less than 10 in one million; and • MERV16 filtration shall be utilized for areas where the increased cancer risk is greater than 20.0 in one million for unmitigated cancer risks. • Note that PM2.5 concentrations at all sensitive receptor locations across the site would also be reduced to a level of less than significant by using MERV13 and MERV16 filters necessary to mitigate excess cancer risk. Biological Resources 42. MM BIO -1.1: Avoidance and Inhibit Nesting. Construction and tree removal/pruning 12 RESOLUTION NO. activities shall be scheduled to avoid the nesting season to the extent feasible. If feasible, tree removal and/or pruning shall be completed before the start of the nesting season to help preclude nesting. The nesting season for most birds and raptors in the San Francisco Bay area extends from 1 February through 31 August. 43. MM BI0-1.2: Preconstruction Survey(s). If it is not possible to schedule construction activities between 1 September and 31 January then a qualified ornithologist shall conduct a preconstruction survey to identify active bird nests that may be disturbed during project construction. This survey shall be completed no more than seven (7) days prior to the initiation of demolition/construction activities (including tree removal and pruning). During this survey, the ornithologist shall inspect all trees and other possible nesting habitats in and immediately adjacent to the construction areas for nests. If the survey does not identify any nesting birds that would be affected by construction activities, no further mitigation is required. If an active nest is found sufficiently close to work areas to be disturbed by these activities, the ornithologist (in consultation with the CDFW) shall designate a construction -free buffer zone (typically 300 feet for raptors and 100 feet for non -raptors) to be established around the nest to ensure that no nests of species protected by the FMBTA and California Fish and Game Code will be disturbed during construction activities. The buffer shall remain in place until a qualified ornithologist has determined that the nest is no longer active. 44. MM BIO -1.3: Reporting. A final report on nesting birds and raptors, including survey methodology, survey date(s), map of identified active nests (if any), and protection measures (if required), shall be submitted to the Planning Manager and be completed to the satisfaction of the Community Development Director prior to the start of grading. Cultural Resources 45. MM CUL -1.1: Unique Paleontological and/or Geologic Features and Reporting Should a unique paleontological resource or site or unique geological feature be identified at the project site during any phase of construction, all ground disturbing activities within 25 feet shall cease and the City Planning Manager notified immediately. A qualified paleontologist shall evaluate the find and prescribe mitigation measures to reduce impacts to a less than significant level. The identified mitigation measures shall be implemented. Work may proceed on other parts of the project site while mitigation for paleontological resources or geologic features is carried out. Upon completion of the paleontological assessment, a report shall be submitted to the City and, if paleontological materials are recovered, a paleontological repository, such as the University of California Museum of Paleontology. 46. MM CUL -1.2: Undiscovered Cultural Resources. A testing program to assess the potential presence or absence of undiscovered cultural resources shall be implemented 13 RESOLUTION NO. by a qualified archaeologist after all buildings and other materials obscuring the ground surface have been removed, but before any construction related grading or trenching, in order to search for possible buried archaeological resources. In the event archaeological deposits are discovered, work shall be halted within a sensitivity zone to be determined by the archaeologist. The archaeologist shall prepare a plan for evaluation of the resource to the California Register and submit the plan to the City's Planning Manager for review and approval prior to any construction related earthmoving within the identified zone of archaeological sensitivity. The plan shall also include appropriate recommendations regarding the significance of the find and the appropriate mitigation. The identified mitigation shall be implemented and can take the form of limited data retrieval through hand excavation coupled with continued archaeological monitoring inside of the archaeologically sensitive zone to ensure that significant data and materials are recorded and/or removed for analysis. Monitoring also serves to identify and thus limit damage to human remains and associated grave goods. 47. MM CUL -1.3: Human Remains. Pursuant to Section 7050.5 of the Health and Safety Code and Section 5097.94 of the Public Resources Code of the State of California, in the event of the discovery of human remains during construction, there shall be no further excavation or disturbance of the site within a 100 -foot radius of the remains or any nearby area reasonably suspected to overlie adjacent remains. The San Mateo County Coroner shall be notified and shall make a determination as to whether the remains are Native American. If the Coroner determines that the remains are not subject to his authority, he shall notify the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall attempt to identify descendants of the deceased Native American. If no satisfactory agreement can be reached as to the disposition of the remains pursuant to this State law, then the land owner shall re -inter the human remains and items associated with Native American burials on the property in a location not subject to further subsurface disturbance. 48. MM CUL -1.4: Report of Archaeological Resources. If archaeological resources are identified, a final report summarizing the discovery of cultural materials shall be submitted to the City's Planning Manager prior to issuance of building permits. This report shall contain a description of the mitigation program that was implemented and its results, including a description of the monitoring and testing program, a list of the resources found and conclusion, and a description of the disposition/curation of the resources. Hazardous Materials 49. MM HAZ-1.1: Thirty-two above ground lifts were noted in the auto servicing areas of CalBay Collision, Anchor Auto Body & Detailing, Hyundai of Burlingame, Chilton Auto Body, Topline Automobile, and Cammisa Motor Car Company. Seven below ground lifts were observed inside the auto servicing area of CalBay Collision. Two above -ground auto lifts, two capped grouted lifts and six former lifts were noted at Chilton auto body. 14 RESOLUTION NO. The existing lifts shall be removed in accordance with local regulations. Selective sampling shall also be conducted to confirm that residual contamination, if present, does not exceed residential ESLs and RSLs. 50. MM HAZ-1.2: A Health and Safety Plan (HSP) shall be developed to establish appropriate protocols for working in contaminated materials. Workers conducting Site investigation and earthwork activities in areas of contamination shall complete a 40 -hour HAZWOPER training course (29 CFR 1910.120 1), including respirator and personal protective equipment training. Each contractor will be responsible for the health and safety of their employees as well as for compliance with all applicable federal, state, and local laws and guidelines. This document shall be provided to the City and the oversight agency prior to issuance of demolition and grading permits. 51. MM HAZ-1.3: A Ground Water Management Plan shall be prepared to evaluate water quality and discharge/disposal alternatives; the pumped water shall not be used for on- site dust control or any other on-site use. If long-term dewatering is required, the means and methods to extract, treat and dispose of ground water also shall be presented. 52. MM HAZ-1.4: Some components encountered as part of the building demolition waste stream may contain hazardous materials. Universal wastes, lubrication fluids, CFCs, and HCFC's shall be removed before structural demolition begins. Materials that may result in possible risk to human health and the environment when improperly managed include lamps, thermostats, and light switches containing mercury; batteries from exit signs, emergency lights, and smoke alarms; lighting ballasts which contain PCBs; and lead pipes and roof vent flashings. Demolition waste such as fluorescent lamps, PCB ballasts, lead acid batteries, mercury thermostats, and lead flashings have special case- by-case requirements for generation, storage, transportation, and disposal. Before disposing of any demolition waste, the Owner, Developer and Demolition Contractor shall determine if the waste is hazardous and shall ensure proper disposal of waste materials. 53. MM HAZ-1.5: Significant quantities of asphalt concrete (AC) grindings, aggregate base (AB), and Portland Cement Concrete (PCC) will be generated during demolition activities. AC/AB grindings shall not be reused beneath building areas. 54. MM HAZ-1.6: During demolition and construction activities, contaminated material may be encountered. A Soil Management Plan (SMP), prepared by ENGEO, establishing management practices for handling contaminated soil, groundwater, or other materials for the site has been approved by the San Mateo County Environmental Health Department. The SMP (refer to Appendix H) includes the following protocols and safety measures: • ENGEO will provide full-time observation services during demolition and grading activities. Soils encountered across the entire property will be observed for discoloration/staining or olfactory evidence of contaminant impacts, with particular attention given to the location of identified soil impacts. In the event 15 RESOLUTION NO. unforeseen environmental conditions, such as those listed above, are encountered during demolition and pre -grading work, the site SMP shall be implemented. • Once the buildings on-site have been demolished and the debris removed from the site, the soil beneath the buildings in the area of the planned underground parking structure will be characterized for removal to the appropriate landfill. The findings from this study will be used to begin to quantify the soil for the various disposal options prior to beginning the excavation. Refer to the SMP in Appendix H for a full methodology on soil characterization. • Primarily, visual and olfactory evidence will be used to screen for contaminated soil; however, a photo -ionization detector (PID) will also be used to further screen soils for potential contaminates, as well as ambient air during excavation work. The specific locations of air monitoring will be field -adjusted based on potential access and safety limitations, but will generally include within the excavation area, along with the perimeter of the excavation. PID readings will generally be taken at least every hour and whenever suspect material is encountered. Refer to Appendix H for a complete methodology of the PID screenings. With regard to ambient air screening, any PID reading for volatile organics that is 10 ppm above background for more than three minutes will result in a stop work order. Background shall be determined at the beginning of the day prior to excavation activities. Work shall not continue until PID readings have attenuated below the action level. The PID will provide real-time data on the presence of potentially hazardous compounds to provide for proper selection of Personnel Protection Equipment (PPE). The initial PPE will be Level D (modified) which includes safety glasses, hard hat, steel -toed boots, gloves, hearing protection, and high visibility vests. In the unlikely event significant unforeseen environmental conditions are discovered, work shall stop and San Mateo County Environmental Health will be contacted. A primary and backup PID unit will be maintained onsite for the duration of fieldwork. Each unit will be fully charged and calibrated daily. Work activities shall be conducted Monday through Friday between 7:00 AM and 6:00 PM. Excavation will be performed using a combination of scrapers, backhoes, track -mounted excavators and/or loaders. The contractor will adhere to OSHA guidelines. If excavations require shoring, it will be provided by the contractor. • The development will include an engineered cut of up to six (6) to nine (9) feet below the ground surface in the northern portion of the site for the construction of the underground parking. Prior to beginning the excavation, the soil in the 16 RESOLUTION NO. planned excavation area will be characterized to determine the appropriate disposal options and to allow for excavation and off -haul without first stockpiling on site. A PID will be used to screen soils during the excavation. Also, if soils exhibiting evidence of environmental impact (e.g., odor or staining) are identified at the proposed margins or bottom of the excavation, the excavation shall be advanced to a greater depth and/or lateral dimension as appropriate until impacted soils exhibiting evidence of impact have been removed. 55. MM HAZ-1.7: Upon completion of the soil excavation, confirmation sampling and backfill, a final report documenting work for submittal to the County of San Mateo Environmental Health Department. The report will include details regarding soil excavation, sampling, and landfill disposal documentation. 56. MM HAZ-1.8: A permit may be required for facility closure (i.e., demolition, removal, or abandonment) of any facility or portion of a facility (e.g., lab) where hazardous materials are used or stored. The Property Owner and/or Developer shall contact the Fire Department and San Mateo County Environmental Health Department to determine facility closure requirements prior to building demolition. 57. MM HAZ-1.9: Due to the age of the on-site structures, building materials may contain asbestos. Because demolition of the buildings is planned, an asbestos survey is required by local authorities and/or National Emissions Standards for Hazardous Air Pollutants (NESHAP) guidelines. NESHAP guidelines require the removal of potentially friable asbestos containing building materials prior to building demolition or renovation that may disturb these materials. 58. MM HAZ-1.10: The Consumer Product Safety Commission banned the use of lead as an additive in paint in 1978. Based on the age of the buildings, lead-based paint may be present. Because demolition is planned, the removal of lead-based paint is not required if it is bonded to the building materials. However, if the lead-based paint is flaking, peeling, or blistering, it shall be removed prior to demolition. In either case, applicable OSHA regulations must be followed; these include requirements for worker training, air monitoring and dust control, among others. Any debris or soil containing lead must be disposed appropriately. Geology 59. MM GEO-1.1: The project shall be designed and constructed in conformance with the recommendations in the design -level geotechnical report prepared for the project and peer review (see Appendix 1), which includes the removal and replacement of undocumented fill with engineered fill; measures addressing construction dewatering, hydrostatic uplift, and building waterproofing; and seismic design standards. 17 RESOLUTION NO. Terry Nagel, Mayor I, Mary Ellen Kearney, 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 6th day of July, 2015 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: City Clerk 18 a AGENDA NO: 6i STAFF REPORT MEETING DATE: July 6, 2015 To: Honorable Mayor and City Council Date: July 6, 2015 From: William Meeker, Community Development Director — (650) 558-7255 Subject: Adoption of a Resolution Authorizing the City Manager to Execute an Amendment to a Professional Services Agreement with David J. Powers & Associates, Inc. for Environmental Review Services Related to the Proposed Carolan Avenue Multi -Family Residential Development (SummerHill) Project at 1008-1028 Carolan Avenue and 1007-1025 Rollins Road RECOMMENDATION The City Council is asked to adopt the attached resolution authorizing the City Manager to execute an amendment to an existing Professional Services Agreement with David J. Powers & Associates, Inc. (DJPA) for environmental review services related to the Carolan Avenue Multi- family Residential Development Project at 1008-1028 Carolan Avenue and 1007-1025 Rollins Road. The amendment would increase the total project budget by $7,500, bringing the maximum contract cost to $194,819.00. This amount is reimbursed to the City by the project applicant. DISCI In May 2014, the City entered into an Agreement for Professional Services with David J. Powers & Associates to perform the environmental review services required for the proposed Carolan Avenue Multi -family Residential Development Project, in an amount not to exceed $173,274 (refer to attached Agreement, Exhibit 2). The contract was amended in September 2014 to provide a budget of $14,045 for additional parking analysis and to provide a budget contingency, bringing the contract total to $187,319. The application for the project was approved by the City Council at its June 15, 2015 meeting, and the environmental review has been completed. During the course of the environmental review, DJPA encountered unexpected expenses related to additional data collection, review of multiple site plan revisions, and additional coordination with the City and applicant team regarding EIR revisions and public comments. There was also additional time involved in the application being called up for Council review. Attached is the draft Amendment to Agreement for Professional Services with David J. Powers & Associates, Inc., to increase the budget amount to perform the environmental review services required for the proposed Carolan Avenue Multi -family Residential Development Project by $7,500, for a total amount not to exceed $194,819 (Amendment to Agreement, Exhibit 3). I Amendment to Professional Services Agreement with David J. Powers & Associates, Inc. July 6, 2015 Because the cost of the amended agreement exceeds $100,000, Council approval is required. The Contract Amendment Request from David J. Powers & Associates, Inc. is attached to this report as Exhibit 4. Although the contract is with the City of Burlingame, the applicant will submit a check in the amount of $7,500 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. FISCAL IMPACT Funding for the project's environmental review is provided by the project applicant. Therefore, there will be no fiscal impact to the City's budget. Exhibits: • Resolution • Proposed Amendment to Agreement for Professional Services with DJP&A • Contract Amendment Request from David J. Powers & Associates, Inc. • Executed Agreement for Professional Services with David J. Powers & Associates, Inc. 2 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH DAVID J. POWERS & ASSOCIATES, INC. TO PERFORM ADDITIONAL ENVIRONMENTAL REVIEW SERVICES RELATED TO THE PROPOSED MULTI -FAMILY RESIDENTIAL DEVELOPMENT PROJECT AT 1008-1028 CAROLAN AVENUE AND 1007-1025 ROLLINS ROAD WHEREAS, an application has been submitted by SummerHill Apartment Communities for a proposed residential development consisting of 268 apartment units and 22 townhomes, with related common spaces, located at 1008-1028 Carolan Avenue and 1007-1025 Rollins Road (Carolan Avenue Multi -family Residential Development Project); and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), an environmental review of the project must occur prior to consideration of the Carolan Avenue Multi -family Residential Development Project by the Planning Commission and City Council; and WHEREAS, the City has entered into an Agreement for Professional Services with David J. Powers & Associates to perform the environmental review services required for the proposed Carolan Avenue Multi -family Residential Development Project, in an amount not to exceed $194,819.00, and WHEREAS, the City has determined that additional work is required for data collection, review of multiple site plan revisions, additional coordination with the staff and applicant team, and involvement in City Council review of the application, and the Consultant has prepared Contract amendment Request 2 outlining the additional work required and estimated costs of $7,500.00; 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: 1. The City Manager is authorized and directed to enter into Amendment No. 2 to the Professional Services Agreement with David J. Powers & Associates, Inc. for environmental review services related to the Carolan Avenue Multi -family Residential Development project, consistent with the Scope of Work attached to this resolution, for an additional cost of $7,500.00, for a maximum total cost of $194,819.00, as stated in the Contract Amendment Request 2. Resolution No. 2. The City Clerk is directed to attest to the signature of the City Manager upon execution of the Professional Services Agreement. Terry Nagel, Mayor I, Mary Ellen Kearney, 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 6`" day of July, 2015 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: 2 City Clerk AMENDMENT NO. 2 TO AN AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF BURLINGAME AND DAVID J. POWERS & ASSOCIATES, INC. FOR ENVIRONMENTAL REVIEW SERVICES RELATED TO THE CAROLAN AVENUE MULTI -FAMILY DEVELOPMENT PROJECT THIS AMENDMENT NO. 2, by and between David J. Powers & Associates, Inc. ("Consultant'), engaged in providing environmental review services related to the Carolan Avenue Multi -family Development Project, and the City of Burlingame, a public body of the State of California ("City"), amends the Agreement between the parties dated May 12, 2014, hereinafter called the "Agreement'. RECITALS WHEREAS, the City has determined that additional work is required to complete the environmental review of the Carolan Avenue Multi -family Development Project and has requested that the Consultant perform additional services beyond the scope of the 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. 2 for the Carolan Avenue/Rollins Road Residential Project. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. The Consultant shall provide the additional services requested by the City as outlined in the attached Contract Amendment Request No 2 to the Agreement for Environmental Review Services dated May 12, 2014. 2. The additional cost shall not exceed $7,500.00, to be invoiced as the work occurs, for a total compensation not to exceed $194,819.00. 3. Except as expressly amended in this Amendment No. 2, all other terms and conditions contained in the Agreement shall remain in full force and effect. Amendment No. 2 to Agreement for Professional Services between David J. Powers & Associates, Inc. and the City of Burlingame IN WITNESS WHEREOF, Consultant and City execute this Amendment No. 2 to the Agreement. 0 CITY OF BURLINGAME 501 Primrose Road Burlingame, CA 94010 San Jose, CA 95126 Lisa Goldman City Manager Mary Ellen Kearney City Clerk Approved as to form: Kathleen Kane City Attorney FA CONSULTANT David J. Powers & Associates, Inc. 1871 The Alameda, Suite 200 John Schwarz Vice President Federal Employer ID Number: ©M 000 HER Kevin Gardiner, Planning Manager Community Development Department City of Burlingame 501 Primrose Road — Second Floor Burlingame, California 94010-3997 DAVID J. POWERS June 26, 2015 RE: Carolan Avenue/Rollins Road — Contract Amendment Request 2 Dear Kevin, As we have discussed, we are requesting an amendment to our existing contract for the Carolan Avenue/Rollins Road Residential project in order to cover the additional effort necessary to complete the EIR for this project. Specifically, this amendment is necessary to cover the following additional work during the EIR process, which was above that anticipated in our prior scope of work and agreement. 1. As we have discussed previously, we expended more effort on the data collection and EIR preparation, which required review of multiple site plan revisions. 2. Additional coordination with the City and applicant team regarding EIR revisions and public comments; and 3. Preparation of EIR. presentations for the Planning Commission and City Council hearings. We have exhausted the approved $8,920 contingency amount in our contract. Therefore, this contract amendment would revise our budget as follows: Existing Contract Amount Budget Amendment for Additional Services New Total Contract Amount $187,319 $ 7,500 $194,819 If this amendment is acceptable to you, please provide written authorization to invoice for this additional work. Please call me or Ryan Shunt if you have any questions or need additional information. Sincerely, 14 John Schwarz Vice President/Principal Direct: (408) 454-3425 jschwarz@davidjpowers com 1871 The Alameda, Suite 200 • San Jose, CA 95126 • Tel: (408) 248-3500 • Fax: (408) 248-9641 • www.davidjpowersxom AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF BURLINGAME AND DAVID J. POWERS & ASSOCIATES, INC. FOR ENVIRONMENTAL REVIEW SERVICES RELATED TO THE CAROLAN AVENUE MULTI -FAMILY DEVELOPMENT PROJECT THIS AGREEMENT is by and between David J. Powers & Associates, Inc. ("Consultant") and the City of Burlingame, a public body of the State of California ("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 amount, Consultant agrees to perform all of the Scope of Services herein required of Consultant for $173,274, 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 December 31, 2015 unless otherwise extended or terminated pursuant to the provisions hereof. Consultant agrees to diligently prosecute the services to be provided under this Agreement to completion and in accordance with any schedules specified herein. In the performance of this Agreement, time is of the essence. Time extensions for delays beyond the Consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator prior to the expiration of the specified completion date. 4. Assignment and Subcontracting. A substantial inducement to City for entering into this Agreement is the professional reputation and competence of Consultant. Neither this Agreement nor any interest herein may be assigned or subcontracted by Consultant without the prior written approval of City. It is expressly understood and agreed by both parties that Consultant is an independent contractor and not an employee of the City. 5. Insurance. Consultant, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof, acceptable to the City, the insurance coverages specified in Exhibit B, "City Insurance Requirements," attached hereto and incorporated herein by reference. Consultant shall demonstrate proof of required insurance coverage prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance to City. 6. Indemnification. Consultant shall indemnify, defend, and hold City, its directors, officers, employees, agents, and volunteers harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of, pertaining or relating to the negligence, recklessness or willful misconduct of Consultant, its employees, subcontractors, or agents, or on account of the performance or character of the Services, except for any such claim arising out of the sole negligence or willful misconduct of the City, its officers, employees, agents, or volunteers. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in section 2778 of the California Civil Code. Notwithstanding the foregoing, for any design professional services, the duty to defend and indemnify City shall be limited to that allowed pursuant to California Civil Code section 2782.8. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 7. Termination and Abandonment. This Agreement may be cancelled at any time by City for its convenience upon written notice to Consultant. In the event of such termination, Consultant shall be entitled to pro -rated compensation for authorized Services performed prior to the effective date of termination provided however that City may condition payment of such compensation upon Consultant's delivery to City of any or all materials described herein. In the event the Consultant ceases performing services under this Agreement or otherwise abandons the project prior to completing all of the Services described in this Agreement, Consultant shall, without delay, deliver to City all materials and records prepared or obtained in the performance of this Agreement. Consultant shall be paid for the reasonable value of the authorized Services performed up to the time of Consultant's cessation or abandonment, less a deduction for any damages or additional expenses which City incurs as a result of such cessation or abandonment. 8. Ownership of Materials. All documents, materials, and records of a finished nature, including but not limited to final plans, specifications, video or audio tapes, photographs, computer data, software, reports, maps, electronic files and films, and any final revisions, prepared or obtained in the performance of this Agreement, shall be delivered to and become the property of City. All documents and materials of a preliminary nature, including but not limited to notes, sketches, preliminary plans, computations and other data, and any other material referenced in this Section, prepared or obtained in the performance of this Agreement, shall be made available, upon request, to City at no additional charge and without restriction or limitation on their use. Upon City's request, Consultant shall execute appropriate documents to assign to the City the copyright or trademark to work created pursuant to this Agreement. Consultant shall return all City property in Consultant's control or possession immediately upon termination. 9. Compliance with Laws. In the performance of this Agreement, Consultant shall abide by and conform to any and all applicable laws of the United States and the State of California, and all ordinances, regulations, and policies of the City. Consultant warrants that all work done under this Agreement will be in compliance with all applicable safety rules, laws, statutes, and practices, including but not limited to CaVOSHA regulations. If a license or registration of any kind is required of Consultant, its employees, agents, or subcontractors by law, Consultant warrants that such license has been obtained, is valid and in good standing, and Consultant shall keep it in effect at all times during the term of this Agreement, and that any applicable bond shall be posted in accordance with all applicable laws and regulations. 10. Conflict of Interest. Consultant warrants and covenants that Consultant presently has no interest in, nor shall any interest be hereinafter acquired in, any matter which will render the services required under the provisions of this Agreement a violation of any applicable state, local, or federal law. In the event that any conflict of interest should nevertheless hereinafter arise, Consultant shall promptly notify City of the existence of such conflict of interest so that the City may determine whether to terminate this Agreement. Consultant further warrants its compliance with the Political Reform Act (Government Code § 81000 et seq.) respecting this Agreement. 11. Whole Agreement and Amendments. This Agreement constitutes the entire understanding and Agreement of the parties and integrates all of the terms and conditions mentioned herein or incidental hereto and supersedes all negotiations or any previous written or oral Agreements between the parties with respect to all or any part of the subject matter hereof. The parties intend not to create rights in, or to grant remedies to, any third party as a beneficiary of this Agreement or of any duty, covenant, obligation, or undertaking established herein. This Agreement may be amended only by a written document, executed by both Consultant and the City Manager, and approved as to form by the City Attorney. Such document shall expressly state that it is intended by the parties to amend certain terms and conditions of this Agreement. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. Multiple copies of this Agreement may be executed but the parties agree that the Agreement on file in the office of the City Clerk is the version of the Agreement that shall take precedence should any differences exist among counterparts of the document. This Agreement and all matters relating to it shall be governed by the laws of the State of California. 12. Capacity of Parties. Each signatory and party hereto warrants and represents to the other parry that it has all legal authority and capacity and direction from its principal to enter into this Agreement and that all necessary actions have been taken so as to enable it to enter into this Agreement. 13. Severability. Should any part of this Agreement be declared by a final decision by a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond the authority of either party to enter into or carry out, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement, absent the unexcised portion, can be reasonably interpreted to give effect to the intentions of the parties. 14. Notice. Any notice required or desired to be given under this Agreement shall be in writing and shall be personally served or, in lieu of personal service, may be given by (i) depositing such notice in the United States mail, registered or certified, return receipt requested, postage prepaid, addressed to a party at its address set forth in Exhibit A; (ii) transmitting such notice by means of Federal Express or similar overnight commercial courier ("Courier"), postage paid and addressed to the other at its street address set forth below; (iii) transmitting the same by facsimile, in which case notice shall be deemed delivered upon confirmation of receipt by the sending facsimile machine's acknowledgment of such with date and time printout; or (iv) by personal delivery. Any notice given by Courier shall be deemed given on the date shown on the receipt for acceptance or rejection of the notice. Either party may, by written notice, change the address to which notices addressed to it shall thereafter be sent. 15. Miscellaneous. Except to the extent that it provides a part of the definition of the term used herein, the captions used in this Agreement are for convenience only and shall not be considered in the construction of interpretation of any provision hereof, nor taken as a correct or complete segregation of the several units of materials and labor. Capitalized terms refer to the definition provide with its first usage in the Agreement. When the context of this Agreement requires, the neuter gender includes the masculine, the feminine, a partnership or corporation, trust or joint venture, and the singular includes the plural. The terms "shall", "will", "must" and "agree" are mandatory. The term "may" is permissive. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. When a party is required to do something by this Agreement, it shall do so at its sole cost and expense without right to reimbursement from the other party unless specific provision is made otherwise. Where any party is obligated not to perform any act, such party is also obligated to restrain any others within its control from performing such act, including its agents, invitees, contractors, subcontractors and employees. IN WITNESS WBEREOF, Consultant and City execute this Agreement. CITY OF BURLINGAME CONSULTANT 501 Primrose Road David J. Powers & Associates, Inc. Burlingame, CA 94010 1871 The Alameda, Suite 200 San Jose, CA 95126 By: �y Lisa Goldman City Manager Date: <)� � t � Li By: ( 24:� John Sq arz Vice President Date: -1S—/" -//Y Attest: 1h,GL " Federal Employer ID Number: Mary ElieA Kearney City Clerk Approved as to form: O Kathleen- Kane City Attorney Attachments: Exhibit A Scope of Services Exhibit B City Insurance Provisions 5 Exhibit A Agreement for Professional Services between City of Burlingame and David J. Powers & Associates David J. Powers & Associates, Inc. Chapter 3 — Work Program ©EM mum BIER DJP&A proposes the following work program to complete the EIR for the proposed Carolan Avenue/Rollins Road Multi -Family Residential Development project in the City of Burlingame. The EIR will be completed on time and on budget, and will be prepared in accordance with CEQA and the City of Burlingame's standards. This chapter includes our project understanding, work program, and list of project information/data needed to complete the EIR. ■ PROJECT UNDERSTANDING The approximately 5.4 -acre project site is rectangular shaped, comprised of several parcels, and located at t008-1028 Carolan Avenue and 1007-1025 Rollins Road in the City of Burlingame. The site is located south of US Highway 101 between Rolling Road and Carolan Avenue, and east of Toyon Drive. The site is developed with automotive repair, rental, and sales facilities. Associated signage, infrastructure (including light poles and overhead power lines), and parking lots are also located on-site. The project proposes to redevelop the site with 268 apartments and 22 townhouses. It is our understanding that the project is consistent with the existing General Plan land use designation and zoning designation. All existing buildings would be demolished. Based on the conceptual site plan (dated March 7, 2014), the apartments would occupy most of the site and be grouped into two five - story, podium -style buildings located in the northern and central portions of the site. Parking for the apartments would be provided in a two-level parking garage, with one level partially located below ground. Common outdoor space is proposed at podium level, with the apartments units located on the periphery of the building surrounding the parking garage and common outdoor use areas. The proposed townhouses would be two -stories tall and grouped into four buildings. The townhouses would be located along the southern boundary of the site. The project also proposes right-of-way and utility infrastructure improvements, including a new sewer main approximately 1,300 feet long, extending from the site to Cadillac Way, and the extension of the existing soundwall along US Highway 101 along the project site frontage. Revised 4.24.14 The project proponent is seeking approvals from the City for the following: • Environmental Review • Design Review • Vesting Tentative Map and Final Map • Condominium Permit • Conditional Use Permits for multi -family residential use and apartment building height and setback • Special Permits for the proposed restricted -access private lane and townhouse building height ■ WORK PROGRAM The following work program was prepared based upon a review of the project information provided in the Request for Proposal (RFP), a site visit, consultation with appropriate technical experts, and DJP&A's past experience with projects of similar magnitude. The EIR will provide an objective determination of the potential environmental impacts resulting from implementation of the project. The specific tasks and subtasks are described below. Deliverables, including the Notice of Preparation (NOP), Draft EK Final EIR, and Mitigation Monitoring and Reporting Program (MMRP), are identified, as appropriate. The timing for each task is also noted in parentheses. The overall schedule for the EIR is discussed in more detail and shown graphically in Chapter 5 — Timeline. Task 1: FIR Initiation (1 week total) A critical step in the environmental review process is to ensure, at the earliest time possible, that all team members understand the project and are in agreement about the scope of the work. To accomplish this goal, DJP&A proposes the following subtasks described below. Subtaskl.l: Kick-off Meeting At the initiation of the environmental review process, DJP&A will attend a kick-off meeting with City Staff and the project team (as appropriate) to discuss the project and key environmental issues, and to confirm the technical approach. The list of required project data/information required to prepare the EIR (see list on page 28) will also be reviewed at the kick-off meeting. 15 1871 The Alameda, Suite 200 • San Josh, CA 95126 • Tel: (408) 248-3500 • Fax: (408) 248-9641 • www.davidjpowen com Revised 4.24.14 Subtask 1.2: Scope Refinement and Data Collection DJP&A will refine the EIR scope as needed, based on the City's feedback and kick-off meeting discussion. As part of this Subtask, DJP&A will ensure that all information required to complete the technical reports and EIR has been obtained and/or requested. Process: EIR initiation -> Kick-off meeting -4 Scope refinement and update list of information Delivembles: required Deliverables: ✓ An electronic copy of the revised EIR scope (if required) ✓ An electronic copy of an updated list of required project information (if different from list on page 28 of this proposal) Task 2: Project Description and Notice of Preparation (6 weeks total) This task includes completing the EIR project description and Notice of Preparation. These subtasks are described below. Subtask 2.I: Project Description Based on information provided by the City/project applicant, DJP&A will draft a detailed description of the proposed project, including the physical characteristics (maximum number of residential units, maximum building height, setbacks, grading and drainage, landscaping and hardscape, circulation, etc.) of the proposed development. The draft project description will be submitted to the City and project applicant for review and comment. Based on comments received, DJP&A will finalize the project description. Process: Draft project description -� City/applicant review -> finalize project description Delivembles: ✓ An electronic copy of the draft project description ✓ An electronic copy of the final project description Subtask 2.2: Notice of Preparation and Public Scoping Meeting After finalizing the project description, DJP&A will prepare the EIR Notice of Preparation (NOP), which will alert the public that an EIR will be prepared for the project. DJP&A will prepare the NOP, in accordance with the CEQA and City of Burlingame guidelines. The NOP will include a brief project description, project location map, and an overview of the anticipated environmental impacts. DJP&A will submit a draft NOP to the City for review and comment. Based on comments received, DJP&A will finalize the NOP and provide it to the City for public circulation. DJP&A will assist the City in identifying the responsible and trustee agencies that should receive the NOP, and mail the NOP on behalf of the City to those entities and the State Clearinghouse (SCIS via certified mail, per CEQA. 16 1871 The Alameda, Suite 200 9 San Jose, CA 95126 .Tel: (408) 248-3500 • Fax: (408) 248-9641 • www.davidjpowers.com Revised4.24.14 The text of the EIR will incorporate significant and relevant issues raised in the responses to the NOP received during its 30 -day circulation period. It is anticipated that there will be at least one public scoping meeting for responsible, trustee, and other interested agencies, organizations, and individuals. This proposal includes DJP&A preparation for and attendance at one public scoping meeting. DIP&A will coordinate with the City regarding our role; we can lead this meeting, if desired, or provide assistance in explaining the CEQA process and environmental issues at the meeting. Process: Draft NOP --> City Review --> Finalize and mail NOP, NOP Circulates -> Public Scoping Meeting Deliverables: ✓ An electronic copy of the draft NOP ✓ An electronic copy of the final NOP ✓ Record(s) of certified mailings ✓ Presentation materials for scoping meeting (PowerPoint slides, handouts, etc.) Task 3: Administrative Draft EIR (7 weeks total, including preparation of technical reports) DJP&A will prepare an Administrative Draft EIR (ADEIR). The ADEIR will focus on the potentially significant environmental impacts associated with the proposed project. The ADEIR will include a preface/introduction, summary, description of the project (completed in Task 2), environmental setting, in-depth discussion of possible environmental impacts, and identification of mitigation measures to reduce impacts. Cumulative impacts, alternatives to the project, and other sections required by the CEQA Guidelines will also be included. The main sections of the EIR are described on the following page. EIR Summary A summary of the EIR will be prepared which will include a brief description of the proposed project. The summary will be prepared in tabular form and will identify the impacts of the project and proposed mitigation measures. The summary will also describe the project alternatives discussed in the EK and address any known areas of public controversy. Project Description The project description prepared in Task 2 will be included in the EIR. The project description section will also include a list of the project objectives, necessary discretionary actions, and decision- making agencies. Maps and graphics will be provided to illustrate the text. Consistency with Plans This section will discuss whether or not the proposed project is consistent with applicable land use controls, including local, regional, and statewide plans and policies. Particular attention will be given to inconsistencies, if any are identified, and the likelihood that such inconsistencies might 17 1871 The Alameda, Suite 200 0 San Jose, CA 95126 • Tel: (408) 248-3500 9 Fax: (408) 248-9641 9 www.davidipowers.com Revised 4.24.14 result in significant adverse environmental effects. Alternatively, this section can be incorporated in individual sections of the EIR or provided as an appendix, based upon direction from City Staff. Existing Setting, Impacts and Mitigation Measures The EIR will provide: 1) a detailed description of the existing project setting, based on conditions that exist at the time the NOP is released; 2) impacts that may result from the proposed project; and 3) feasible mitigation measures to avoid or reduce the impacts to a less than significant level. The EBR discussion will reflect information from technical analyses prepared by DJP&A's subconsultants, as well as information and technical analyses provided by the project applicant and City Staff. The primary issues anticipated in the EIR are described below. The project information required to complete the EIR is listed at the end of this chapter, starting on page 28. Aesthetics The EBR will describe the existing visual character of the site area and the projected changes resulting from development of the residential project. This scope of work includes the preparation of up to six (6) photosimulations by Previsualists. The photosimulations will be accurately scaled and from public vantage points (e.g., Carolan Avenue and Rollins Road). The vantage points will be decided based on consultation with City Staff. Visual issues resulting from the proposed project would include any significant adverse environmental effects resulting from building mass and height, lighting, and possible glare to adjacent land uses. The EIR will also evaluate the project's visual compatibility with adjacent properties. Mitigation will be identified, as appropriate, according to applicable landscaping, architecture, and design review standards of the City of Burlingame. Air Quality The EIR will discuss the Federal and State ambient air quality standards, summarize the ambient air quality data for the project region, and address the project's consistency with the Bay Area Air Quality Management District (BAAQMD) 2010 Bay Area Clean Air Plan. The EIR will evaluate the potential local and regional air quality impacts of the project, in accordance with the BAAQMD CEQA Air Quality Guidelines, based on an air quality analysis to be prepared by Illingworth & Rodkin, Inc. The primary air quality issues with the project are community health risk from sources of toxic air contaminants near the site (including US Highway 101) and temporary construction emissions on the existing nearby residences. The project's operational emission impacts will also be evaluated. Mitigation measures will be identified, as appropriate. Biological Resources The project site is developed and located in an urban area. The primary biological resources on-site are existing trees. While the project proposes a net increase in the number of trees on-site, the development of the project would likely result in the removal of all existing trees on-site, and may 18 1871 The Alameda, Suite 200 • San Josh, CA 95126 9 Tel: (408) 248-3500 • Fax: (408) 248-9641 • vmv.davidjpowers.wm Revised 4.24.14 require the removal of some off-site trees. The EIR will describe the existing trees on-site and impacts to trees (on- and off-site) based on an arborist report provided to DJP&A by the project applicant. This scope of work assumes the arborist report is complete and adequate for CEQA purposes. Mitigation measures will be identified, as appropriate. Cultural Resources The potential to encounter buried cultural resources will be addressed in the EIR based upon a records search of cultural resources and studies (within 200 meters of the site) to be completed by Holman & Associates. The records search will include archival research and a review of maps and literature on file. Mitigation measures to avoid significant impacts if buried cultural resources are encountered during project construction will be identified as appropriate. It is our understanding that the existing buildings on the project site were constructed between 1943 and 1982. While the buildings on-site are not identified in the City's Preliminary Historic Inventory (reviewed by Planning Commission in 1982), some buildings on and adjacent to the site are over 50 years old. The historic significance of the buildings on and adjacent to the site will be discussed based on a historic resources evaluation to be completed by Carey & Company. Based on preliminary review, Carey & Company does not anticipate the structures will be historically significant under CEQA. The historic resources evaluation includes a site visit where the exterior of all structures on-site as well as those on properties adjacent to the site will be observed, and historic research at local and regional repositories including, but not limited to, the Burlingame Public Library, Burlingame Historical Society, San Mateo County History Museum, and County of San Mateo departments (e.g., Treasurer -Tax Collector and Planning and Building). The EIR will evaluate the significance of the buildings on-site (as well as adjacent to the site) and identify impacts and mitigation measures, as appropriate. Geology and Soils The existing geologic and soil conditions at the project site will be described in the OR based on a peer review by Cornerstone Earth Group of the geotechnical investigation provided by the applicant. This proposal assumes up to two rounds of peer review. The EIR will describe the impacts to persons or property likely to result from development of the proposed project and the existing geologic (including seismic) conditions at the site. Mitigation measures will be identified for significant impacts, as appropriate. Greenhouse Gas Emissions The EIR will discuss the project's consistency and conformance with the City's Climate Action Plan. The EIR will also evaluate the project's greenhouse gas emissions based on an analysis by Illingworth & Rodkin, Inc. and compare them to the threshold of significance in the BAAQMD CEQA Air Quality Guidelines or other thresholds identified as appropriate by the City of Burlingame. The project's greenhouse gas emissions will be estimated using the recommended BAAQMD methodology and modeling. Mobile emissions will be estimated based upon the trip generation assumptions in the traffic report. Mitigation measures will be identified, as appropriate. 19 1971 The Alameda, Suite 200 • San 7osd, CA 95126 • Tel: (408) 248-3500 • Fax: (40 8) 248-9641 • w .davidjpowersxom Revised 4.24.14 Hazardous and Hazardous Materials The project site is currently occupied with automotive repair, rental, and sales facilities. There are eight existing buildings, ranging from approximately 3,480 to 53,140 SF that were constructed between 1943 and 1982. We understand that at least eight underground storage tanks containing fuels, oil, and paint thinner are documented at the site. In addition, the regulatory file review performed by the applicant's consultant indicated that residual soil and groundwater contamination remains on-site. The EIR will evaluate the potential for hazardous materials contamination on and near the project site which could be affected by site grading or impact workers or future employees or residents. The discussion will be based upon a peer review to be completed by Cornerstone Earth Group of the existing hazardous materials reports provided by the applicant and/or readily available information on California's GeoTracker and Envirostor databases. The peer review will include Cornerstone's professional opinion of proposed mitigation. This proposal assumes up to two rounds of peer review. Mitigation measures will be identified in the EIR, based on the provided clean up actions and peer review recommendations, as appropriate. Hydrology and Water Quality The EIR will describe the existing storm drainage conditions in the project area and will address the changes in storm drainage conditions from implementation of the project, based upon information provided by the City/project applicant. The information will include existing and future (with project) areas of pervious and impervious surfaces and proposed stonnwater control measures consistent with the Low Impact Development requirements of the Regional Water Quality Control Board Municipal Regional Stormwater Permit. Mitigation measures will be identified to minimize significant hydrological and water quality impacts, as appropriate. Land Use Land use is one of the key environmental issues that will be addressed in the EIR. The EIR will describe the existing land uses on, and in the vicinity of, the project site, and will discuss the project's conformance with relevant land use plans, policies, and regulations including the General Plan and Zoning Ordinance. The EIR will evaluate the proposed land use change and the environmental effects of the proposed development on surrounding land uses, specifically the project's height, mass, scale, and setback in relation to the surrounding development. The project's request for Conditional Use Permits and Special Permits will be specifically addressed. The EIR will address shade and shadow impacts from the proposed residential buildings based upon shade and shadow illustrations. DJP&A will produce shade and shadow graphics that illustrate the shadows cast at the winter and summer solstice at 9 AM, 12 noon, and 3 PM. The potential for visual intrusion at residential interfaces will be specifically addressed. This section of the EIR will also address the project's impact on agricultural and forestry resources, population and housing, and mineral resources. 20 1871 The Alameda, Suite 200 . San Josh, CA 95126 e Tel: (408) 248-3500 • Fax: (408) 248.9641 • w .davidjpowers.com Revised 4.24.14 Mitigation measures to reduce land use impacts will be identified, as appropriate. Noise The predominant sources of noise within and around the project site are vehicular traffic along US Highway 101, local roadways, and railroad trains. The EIR will describe the existing noise conditions in the project area and address noise impacts to and from the project based on the noise study commissioned by the applicant to be peer reviewed by Illingworth & Rodkin, Inc. and supplemental noise analysis to be completed by Illingworth & Rodkin, Inc. The noise study commissioned by the applicant addresses the land use compatibility of the project with the existing noise environment, however, it does not address operational noise impacts or off-site impacts from construction noise and project -generated traffic. For this reason, this proposal includes a peer review and supplemental noise analysis by Illingworth & Rodkin, Inc. This proposal assumes only one round of peer review. Mitigation measures for significant noise impacts will be identified, as appropriate. Transportation The EIR will describe the existing transportation network serving the project site and evaluate the traffic impacts resulting from the proposed project, based upon a Transportation Impact Analysis (TTA) commissioned by the applicant and a peer review by Fehr & Peers. This proposal includes up to two rounds of peer review. The peer review will assess the analysis' consistency with the City of Burlingame standards in regards to: • Study methodology (including scenarios analyzed), • Trip generation, distribution, and assignment assumptions, • Accuracy of technical calculations, • Reasonableness of traffic growth assumptions, and • Adequate assessment of non -automobile modes, parking, and emergency access. Fehr & Peers will also complete a peer review of the Transportation Demand Management (TDM) program commissioned by the applicant. As part of the peer review, Fehr & Peers will confirm whether the proposed TDM measures will reduce project trips. The project impacts on pedestrian, bicycle, and transit services will also be discussed in the EIR. Mitigation measures for significant transportation impacts will be identified, as appropriate. Utilities and Service Systems The EIR will describe the existing sanitary sewer, storm drain, water, and solid waste services in the project area. The EIR will address impacts to these services, specifically as they relate to infrastructure requirements, facilities, and capacity based on information provided to us by the City and/or project engineer. For example, it is our understanding that the project proposes to extend a new sewer main approximately 1,300 feet to the site from the existing main located in Cadillac Way to serve the project. The EIR will include an analysis of the impacts of this off-site improvement. Mitigation measures will be identified to reduce significant impacts, if warranted. 21 1871 The Alameda, Suite 200 . San Jose, CA 95126 • Tel: (408) 248-3500 • Fax: (408) 248-9641 . www.davidjpowers.wm Revised 4.24.14 In accordance with State law (SB610), a project of this size is not required to provide a Water Supply Assessment. The discussion regarding the project's demand on water will be based on information provided by the City and/or project engineer, and water conservation measures proposed will be identified. Energy The EIR will discuss the amount of energy (i.e., electricity, natural gas, and gasoline use) the project would consume, based on information provided by the applicant's engineer and/or architect. It is our understanding that the project includes features to promote automobile -alternative modes of transportation, including proximity to public transit and bicycling parking that could reduce fuel consumption and compliance with the California Green Building Code, which would reduce the project's energy needs. Mitigation measures will be identified to reduce impacts, as appropriate. Cumulative Impacts The EIR will include a discussion of cumulative impacts from the project in combination with other past, pending, and reasonably foreseeable future development in the area, in conformance with CEQA Guidelines Section 15130. A list of past, present, and reasonably anticipated future projects will be included based upon information available from the City and neighboring jurisdictions. The EIR will analyze and describe the significant cumulative impacts to which the project would contribute. The project's cumulative traffic impacts will be based on the analysis included in the TLA. Alternatives to the Project The EIR will describe alternatives to the project that would reduce significant impacts, while still achieving the primary objectives of the project. The objectives of the project will be defined, based upon information provided by the project applicant. Alternatives will be identified in consultation with City Staff, and may include a smaller size project, an alternative design, alternative land uses, and/or an alternative location, in addition to the 'No Project" alternative required by CEQA. This proposal assumes the applicant's traffic engineer will provide technical assistance with trip generation analysis for alternatives (if required). Other Required Sections The above discussions identify and highlight the major issues and subject areas to be addressed in the EIR. The EIR will also include other sections required by the CEQA Guidelines, including Table of Contents or Index, Growth Inducing Impacts, Significant Unavoidable Impacts, References and Organizations and Persons Consulted, EIR Preparers and Lead Agency, and appendices, which will include copies of technical reports. Upon completion of the ADER DJP&A will submit up to five (5) copies of the ADEIR to City Staff for review and comment. An electronic copy of the ADEIR text will be emailed to the City to facilitate and convey City comments/edits. 22 1871 1he Alameda, Suite 200 • San Josh, CA 95126 e Tel: (408) 248-3500 • Fax: (40 8) 248.9641 • www.davidjpowem om Revised 4.24.14 Process: Obtain necessary project information and technical reports from applicant/City —> Complete . technical reports (including peer reviews) --> Prepare ADEIR —� Submit ADEIR to City for review Deliverables: ✓ Up to five (5) hard copies of the ADEIR (including technical appendices/reports) ✓ An electronic copy of the ADEIR text to facilitate tracking of City comments/edits Task 4: Draft EBR and Notice of Completion (14.5 weeks total, including 5 weeks of City review time for the ADEIR and Screencheck) The subtasks involved with this task include preparing the Draft EBR and Notice of Completion, and attending a public hearing during the review period for the Draft EBR. These subtasks are described below. Subtask 4.1: Draft EIR DJP&A will revise the ADEK based upon the comments and revisions received from City Staff and prepare a "Screencheck." The Screencheck Draft EIR will submitted in an electronic format to the City Staff for review and final approval. Upon approval by City Staff, the final document will constitute the Draft EIR and DJP&A will provide copies of the Draft EBR to the City for public distribution. This proposal includes providing the City with up to 25 hard copies of the Draft EBR for public distribution, a PDF of the document for posting on the City's website, as well as 15 hardcopies of the executive summary and 15 CDs of entire document for submittal to the SCH. Process: Revise ADEM submit Screencheck to City for review —� City review —+ Finalize and print Draft EIR Deliverables: ✓ An electronic copy of the Screencheck Draft EIR to facilitate tracking of City comments/edits ✓ Up to 25 hard copies of the Draft EIR ✓ A PDF of the Draft EIR on CD for posting on the City's website ✓ 15 hardcopies of the executive summary and 15 CDs of the entire EIR for submittal to the SCH. Subtask 4.2: Notice of Completion and Notice of Availability DJP&A will prepare the Notice of Completion (NOC), in accordance with the CEQA and City of Burlingame guidelines. The NOC will include a brief description of the project, the project location, and will state where copies of the Draft EBR are available for review. The public review period will also be noted. DJP&A will submit an electronic draft of the NOC to the City for review and comment. DJP&A will revise and finalize the NOC based on City comments. An electronic copy of the final NOC will be provided to the City. As part of this 23 1871 The Alameda, Suite 200 9 San Jose, CA 95126 • Tel: (408) 248-3500 . Fax: (408) 248-9641 • www.davidjpowers.com Revised 4.24.14 scope of work, DJP&A will transmit the NOC and required copies of the EIR to the SCH on behalf of the City. Concurrently with the preparation of the NOC, DJP&A will prepare the Notice of Availability (NOA). In accordance with the CEQA, the NOA will include the following: — A brief description of the project and its location, — The start and end dates of the review period, — The date, time and place of any scheduled public meeting or hearing on the proposed project, — A list of significant environmental effects, — The address where copies of the EIR and references are available for review, and — A statement whether the site is a hazardous materials site. DJP&A will submit an electronic draft of the NOA to the City for review and comment. DJP&A will revise and finalize the NOA based on City comments. An electronic copy of the final NOA will be provided to the City. DJP&A will also assist the City in drafting a newspaper ad as a means of noticing the NOA. This scope of work assumes that the City will coordinate the posting of the newspaper ad, posting of the NOA on- and off-site, and/or directly mailing the NOA to the owners and occupants of property contiguous to the project site. Process: Draft NOC and NOA and submit to City for review -+ City review -� Revise and Deliverables: finalize NOC and NOA and provide to City -+ Deliver the NOC and EIR to the SCH Deliverables: ✓ Electronic copies of the draft NOC and NOA to facilitate tracking of City comments/edits ✓ Electronic copies of the final NOC and NOA Subtask 4.3: Public Review Hearing DJP&A will attend one public review hearing during circulation of the Draft EIR. DJP&A will coordinate with the City and participate in this public hearing by explaining the CEQA process, specifically the public review process, and presenting an overview of the findings of the DJP&A EIR. DJP&A will make note of environmental comments made and include responses to those comments, as appropriate, in the Final EIR. Process: Coordinate with City in preparation of hearing -j Attend and participate at public review hearing Deliverables: ✓ Presentation materials for hearing (PowerPoint slides, poster boards, etc.) 24 1871 The Alameda, Suite 200 9 San Josh, CA 95126 • Tel: (408) 248-3500 • Fax: (408) 248-9641 • www.davidjpowers.com Revised 4.24.14 Task 5: Final EIR and Public Hearings (11.5 weeks total, including 3 weeks of City review of Administrative Draft and Screencheck) The subtasks involved with this task are preparing the Final EIR/Responses to Comments and Mitigation Monitoring and Reporting Program (MMRP), compiling information in the EIR for the City to use in preparation of the Findings, preparing the Notice of Determination (NOD), and attending public hearings for the EIR and project. These subtasks are described below. Subtask 5.1: Final EIR/Responses to Comments Upon conclusion of the Draft EIR 45 -day circulation period, DJP&A will prepare the Final EIR. In conformance with CEQA Guidelines Section 15132, the Final EIR will consist of the following items: — Revisions to the Draft EIR text, as necessary; — List of individuals and agencies commenting on the DEIR; — Responses to comments received on the DEIR, as directed by the City Staff, — Copies of letters or records of verbal comments received on the DEIR; and — Summary records of public hearings, if requested. All responses to written comments will be answered in accordance with the CEQA Guidelines (Section 15088). This proposal includes DJP&A time to respond to up to 50 individual comments/issues/points raised in comment letters received on the Draft EIR. This scope assumes that no comments are received that require additional technical analysis. If additional time or technical analysis is required to respond to the comments, it can be provided as an extra work task, on a time and materials basis, in accordance with the charge rates outlined in Chapter 4: Cost Proposal. Up to five hard copies of an administrative version of the Final EIR will be submitted to the City for review. The Final EIR will be revised per the comments received, and a "Screencheck" Final EIR will be prepared and submitted electronically to the City for review. Once the City approves the "Screencheck" Final EIR, DJP&A will reproduce up to 25 hard copies of the Final EIR and deliver to the City for distribution. A copy of the Final EIR will also be provided to the City in PDF format for posting on the City's website. Process: Receive comments on Draft EIR from City -4 Prepare Administrative Draft Final EIR and submit to City for review —* City review --> Revise document and submit Screencheck Final EIR to City for review —) City review —> Revise, finalize, and print Final EIR Deliverables: ✓ Up to five (5) hard copies of the Administrative Draft Final EIR ✓ An electronic copy of the Administrative Draft Final EIR text to facilitate tracking of City comments/edits ✓ An electronic copy of the Screencheck Final EIR text to facilitate tracking of City comments/edits ✓ Up to 25 hard copies of the Final EIR ✓ A PDF of the Final EIR on CD for posting on the City's website 25 1871 The Alameda, Suite 200 • San Jose, CA 95126 • Tel: (408) 248-3500 9 Fax: (408) 248.9641 • vmw.davidjpowers.com Revised 4.24.14 Subtask 5.2: Mitigation Monitoring and Reporting Program As required by CEQA, DJP&A will prepare a draft Mitigation Monitoring and Reporting Program (MMRP) for the project. The MMRP will identify the mitigation measures required for all significant impacts, responsible implementation entity, monitoring schedule, and enforcement or monitoring agency. DJP&A will submit an electronic copy of the draft MMRP to the City prior to consideration of the project(s) by the decision -makers. Process: Draft MMRP and submit to City for use Deliverables: ✓ An electronic copy of the draft MAW Subtask 5.3: Findings Although we are not attorneys and do not prepare legal findings, DJP&A will assist City Staff and the City Attorney in compiling information from the EIR for findings required under CEQA Guidelines Section 15091, if requested to do so. Process: Compile and submit information from the EIR for findings to City for use Deliverables: ✓ An electronic copy of EIR information for findings Subtask 5.4: Notice of Determination DJP&A will prepare a Notice of Determination (NOD), in accordance with the CEQA and City of Burlingame guidelines. The NOD will include the project name (including SCH identification number), project location, brief project description, lead agency and date of project approval, determination of the project's environmental effects, statement that the EIR was prepared and certified in accordance with CEQA, mitigation measures and conditions of approval, statement that the MMRP was adopted, a statement whether overriding considerations were adopted, and the address of where the Final EIR and record of project approval may be examined. DJP&A will submit an electronic copy of the draft NOD for the City's review prior to the City Council hearing on the Final EIR and project. Based on comments received from the City and the outcome of the City Council hearing, DJP&A will revise and finalize the NOD. DJP&A will provide an electronic copy of the final NOD to the City. If the project is approved by the City Council, DJP&A will file the NOD at the SCH and County Clerk within five (5) working days after project approval. This scope of work includes covering the County's handling fee (currently $50), but assumes that the applicant will provide check for the associated Fish and Game fee (currently $3,029.75). Process: Draft NOD and submit to City for review --> City review -+ Revise, finalize, and submit NOD to City -� File NOD with SCH and County Clerk 26 1871 The Alameda, Suite 200 . Sen Jose, CA 95126 • Tel: (408) 248-3500 • Fax: (408) 248-9641 • www.davidipowers.com Revised 4.24.14 Subtask 5. S: Public Hearings on Final EIR and Project This proposal includes DJP&A preparation for and attendance at up to two public hearings by the Planning Commission and/or City Council on the Final EIR and project. The DJP&A Project Manager or Principal will be available to describe the environmental review process, summarize the environmental issues, and respond to questions about the environmental document at hearings. If requested, additional hearings/meetings will be attended on a time and materials basis in accordance with the charge rates in Chapter 4. Process: Coordinate with City in preparation of hearings - � Attend and participate as needed at hearings Deliverables: ✓ An electronic copy o£the draft NOD ✓ An electronic copy of the Seal NOD Subtask 5. S: Public Hearings on Final EIR and Project This proposal includes DJP&A preparation for and attendance at up to two public hearings by the Planning Commission and/or City Council on the Final EIR and project. The DJP&A Project Manager or Principal will be available to describe the environmental review process, summarize the environmental issues, and respond to questions about the environmental document at hearings. If requested, additional hearings/meetings will be attended on a time and materials basis in accordance with the charge rates in Chapter 4. Process: Coordinate with City in preparation of hearings - � Attend and participate as needed at hearings Deliverables: ✓ Presentation materials for hearings (PowerPoint slides, poster boards, etc.) ■ MEETING AND HEARING ATTENDANCE This proposal includes DJP&A attendance at up to four meetings with City Staff, including one kick- off meeting (noted under Subtask 1.1). DJP&A will also attend four public meetings/hearings: a public scoping meeting, public review hearing during the Draft EIR circulation period, Planning Commission hearing, and City Council hearing (as noted under Subtasks 2.2 and 5.5). If DJP&A attendance is requested at additional meetings or hearings, we can do so on a time and materials basis in accordance with the charge rates outlined in Chapter 4, upon authorization. This proposal assumes DJP&A subconsultant attendance at meetings and hearings is not needed. If requested, DJP&A subconsultants can attend meetings and hearings on a time and materials basis in accordance with the charge rates outlined in Chapter 4, upon authorization. ■ SUPERIOR SERVICE AND PROJECT MANAGEMENT DJP&A recognizes its role and mission of providing outstanding service to our clients through effective communications, coordination and management of complex projects with tight time lines. DJP&A will provide general project management, contract administration, and coordination with the City throughout the EIR process. The DJP&A Project Manager will prepare a work plan at the start of the project. The work plan includes the schedule for preparing each section of the document and due dates for work products from the project team. The work plan is used on a regular basis to track progress and maintain schedule and is updated accordingly. The Project Manager also maintains a budget for the project, which is updated monthly to ensure that the project is remaining within the proposed budget. The DJP&A project team keeps regular in - 27 1871 The Alameda, Suite 200 • San Josh, CA 95126 • Tel: (408) 248-3500 • Fax: (408) 248-9641 • w .davidjpowersxom Revised 4.24.14 house meetings for work progress updates. The Project Manager will maintain frequent communication with the City, review project information and technical reports promptly, and address issues/questions as they arise. Email communications and short conference calls will be used to foster communication and update City Staff on the progress of the environmental analysis and any outstanding issues to be resolved. In addition to regular communications, the Project Manager will provide the City with a weekly email summary of the FIR progress, status, and activities. DJP&A commits to responding to all emails and phone calls within four (4) work hours of receipt. Process: Provide outstanding customer service to our clients -* Maintain constant communication and be readily available to the City Deliverables: ✓ Weekly email summary ofEIR progress, status, and activities ■ PROJECT INFORMATION REQUIRED TO PREPARE EIR Our proposal is based on the assumption that DJP&A will receive the project details listed below concurrent with the Notice to Proceed in order to maintain the optimum schedule outlined in Chapter 5 - Timeline, unless otherwise noted. Delays in receiving any of the information listed below will result in at least day for day delays to the overall project schedule. ❑ = Information required ✓ = Information required but already provided * =Information can be received two weeks after authorization without substantial schedule delays. Plans (in PDF) ✓ Site plan, cross-sections, landscape plan (unless different than plans dated March 7, 2014) ✓ Utility plan (unless different than plan dated March 7, 2014) ✓ Drainage/grading plans (unless different than plan dated March 7, 2014) ❑ On-site circulation plan (if available) ❑ 3D Plans of the project for the preparation of the photo -simulations Technical Reports ✓ Geotechnical Report (unless different than the February 28, 2014 report by Rockridge Geotechnical) ✓ Transportation Impact Analysis (unless different than the March 25, 2014 report by Hexagon Transportation Consultants) ✓ Arborist Report (unless different than the March 2014 report by HortScience) ✓ Phase I Reports (unless different than the June 13, 2014 report by AEI and July 22, 2013 report by ENGEO) ✓ Phase It Report (unless different than the September 18, 2013 report by ENGEO) ✓ Environmental Noise Study (unless different than the March 24, 2014 report by Charles M Salter Associates, Inc.) ❑ Utility capacity studies (if required by the City)* ❑ Shade and shadow diagrams illustrating, at minimum, the shadows cast at the winter and summer solstice at 9 AM, 12 noon, and 3 PM. * 28 1871 The Alameda, Suite 200 s San Josh, CA 95126 • Tel: (408) 248-3500 • Fax: (408) 248-9641 • www.davidjpowers.wm Revised 4.24.14 ❑ Photosimulations of the proposed project, accurately scaled and from public vantage points (e.g., Carolan Avenue and Rollins Road).* Proiect Detail ✓ Written description of project, including land uses, maximum number of units, maximum building height, setbacks, etc. (unless different than description in RFP and project narrative by applicant dated March 7, 2014) ❑ Confirmation regarding existing General Plan land use designation, zoning designation, project approvals/discretionary actions needed ❑ Applicant objectives* ✓ Location and size of existing utility lines (water, sewer, storm drain) that would serve the project (unless different than identified in utility plan dated March 7, 2014) ✓ Utility improvements (if different than identified in RFP project description) ❑ Any proposed street dedication or ROW improvements (including sidewalks) ❑ Details on project construction (total duration, estimated maximum depth of excavation, cut and fill amounts, etc.) ❑ Proposed construction phasing, overall duration, estimated equipment use, for TAC analysis (table will be provided electronically by DJP&A)* ❑ List of Best Management Practices (BMPs) and LID treatment proposed to conform to Provisions C.3 of the NPDES permit* ❑ Square footage/area of pervious and impervious surfaces on-site pre- and post -project construction* Other ❑ Cumulative Projects List* 29 1871 The Alameda, Suite 200 • Sm los6, CA 95126 9 Tel: (408) 248-3500 • Fax: (408) 248-9641 • svww.davidjp vvers.com David J. Powers & Associates, Inc. Chapter 4 — Cost Proposal Revised 4.24.14 UNKI mom SEP Based on our understanding of the project and technical reports that will be made available to DJP&A, the cost for preparation of the EIR is estimated not to exceed $173,274. Our cost proposal, broken down by task, is provided on the following page. Note that this not -to -exceed amount includes two rounds of peer review for the geotechnical investigation, Phase MI analyses, and traffic study commissioned by the project applicant. The grand total is a not -to -exceed amount for all tasks combined. Within this not -to -exceed total, actual amounts spent on individual tasks and subtasks may be more or less than the estimates. All costs will be charged on a time and materials basis, commensurate with work completed, in accordance with the charge rates outlined on the following page. If DJP&A does not need all the time that has been budgeted (e.g., the second round of peer review is not required), we will only bill for the time actually spent completing the work. This proposal assumes that no issues that arise would require any additional technical analysis or documentation. In the event that additional technical analysis is required, we can complete that work on a time and materials basis, upon your authorization. Project description changes after our notice to proceed is received may have schedule and budget implications. 30 1871 The Alameda, Suite 200 • San Jose, CA 95126 • Tel: (408) 248-3500 • Fax: (40 8) 248-9641 9 w .davidjpow rs.eom Cost Schedule 31 Revised 4.24.14 1871 The Alameda, Suite 200 • San los6, CA 95126 • Tel: (408) 248-3500 • Fax: (408) 248-9641 • www.davidjpowersxom David J. Powers & Associates, Inc. Chapter 5 — Timeline Revised 4.14.14 David J. Powers & Associates, htc. proposes the following optimum timeline for preparation of the EIR. DJP&A can commit to maintain the schedule in the areas that are within our control. Completion of the FIR, as outlined in the proposed timeline, is based upon receipt of all necessary project information on schedule (refer to Project Information Required to Prepare the EIR starting on page 28 of this proposal). Delays in receiving requested information or responses by others will result in at least day -for -day delays in the overall schedule. Note that while our cost estimate includes up to two rounds of peer review for the geotechnical, Phase UII, and traffic reports, the below timeline reflects only one round of peer review being required. The duration of City review, revision of administrative drafts, revision of applicant - sponsored technical reports, and preparation of the Final EIR may be completed in shorter or longer timeframes depending on factors such as number of comments received and if additional field investigations are required, pending the results of the technical peer reviews. A graphic representation of the timeline is provided on the following page. Tasks Duration of Task 0 Task 1: EIR Initiation 1 week Task 2: Project Description and Notice of Preparation Circulation 6 weeks rr Task 3: Administrative Draft EIR 7 weeks M Task 4: Draft EIR and Notice of Completion Circulation 14.5 weeks Task 5: Final EIR and Public Hearings 11.5 weeks Total 36 weeks* Note: * Tasks 2 and 3 overlap by 4 week 32 1511 ine Aiameua, Sutte 200 . San Iosd, CA 95126 • Tel: (408) 248-3500 • Fax: (408) 248-9641 • www.davidjpowm co. ml 01LT FU !^ �_■` T-Ew@,! �|§it«§f\!!!@@@Egli;: !2!2|t7l=!! )7/§!|v.6v �t!§§}!9 ff$//{!!k({/f{ \f2§)7)!/uc\: {o |! : [#!#; -!@ - §2 -mak \ƒ\ƒ� }\2 )! _ co E46 u - - ) \ \ : 0 ! \ } ■ Project Team Billing Chart Note: -All suboonsultant and reimbursable expenses include our standard 15 percent administrative fee, Total of All Tasks = $167,000 Total of Reimbursables = $6,274 Grand total= $173,274 Task 1: EIR Initiation Task 2: Project Task 3: ADEIR Task 4: DEIR and Task S: FOR and Firm StaffTM1ie Description and NOP Public Circulation Public Hearings Reimbursables- Hrs Amount Hrs Amount His Amount- tire Amount His Amount j; Principal 0 ($225Ar) 9 $2,025 10 $2,250 46 $10,350 15 $3,375 38 $8,550 aProject Manager al C ($155/hr) 12 $1,860 32 $4,960 144 $22,320 60 $9,300 99 $15,345 Researcher $4,820 ($IOD/hr) 15 $1,500 4 $400 60 $6,000 10 $1,000 13 $1,300 v GrophicArtfst ($90/hr) 1 0 $0 6 $540 18 $1,620 5 $450 1 $90 Principal 9 ($175/hr) - - - - IS $3,019 - - $242 Architectural Historian 1$95/hr) _ 123 $13,438 - - Senior Principal Engineer/Geologist L S ($230/hr) - - - - 28 $7,406 - - Adminictmh've Assistant c ($80/hr) _ - _ _ a $736 - - - - Technical Illustrator E ($100/hr) 8 $920 - Principal V ($225/hr) _ - is $3,881 - - - a Engineer/Planner a ($115/hr) 56 $7,406 - - _ _ $ 734 Support ($110/hr) 16 $2,024 a i SeniorAmhoealogat '-° o ($95/hr) _ _ _ 3 $328 - SmffArchaeologist as ($85/hr) - 8 $782 $213 E Graphics Technician x° ($95/hr) 2 $219 _ Senior Consultant ($185/hr) _ _ _ 34 $7,234 - - Consultant ($155/hr) $150 _ 44 $7,843 0 StaffConsuharnt v ($135/hr) _ 36 $5,589xi - n o Principal ($125/hr) $115 ' 90 $12,940 - - Subtotal by Task 36 $5,385 52 $8,150 754 $114,055 90 $14,125 151 $25,285 Note: -All suboonsultant and reimbursable expenses include our standard 15 percent administrative fee, Total of All Tasks = $167,000 Total of Reimbursables = $6,274 Grand total= $173,274 Exhibit B INSURANCE REOUIREIVIENTS Contractor shall procure and maintain for the duration of the contract insurance 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: 1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 12 04 covering CGL on an "occurrence" basis, including products -completed operations, personal & advertising injury, with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be $2,000,000. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non -owned 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 California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability (Errors and Omissions) Insurance appropriate to the Contractor's profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 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: Additional Insured Status 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 respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection 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, 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used). Primary Coverage For any claims related to this contract, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, 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 (10 days for non-payment) has been given to the City. Waiver of Subrogation Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City 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 Retentions 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 administration, and defense expenses within the retention. Acceptability of Insurers Insurance 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. Claims Made Policies (note — should be applicable only to professional liability, see below) If any of the required policies provide claims -made coverage: 1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 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 minimum of five (5) years after completion of work. Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the 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. Special Risks or Circumstances 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. aSTAFF REPORT AGENDA NO: Bj MEETING DATE: fa To: Honorable Mayor and City Council Date: July 6, 2015 From: Carol Augustine, Finance Director—(650) 558-7222 July 6, 2015 Subject: Letter of Opposition to AB 1217 Affecting the Governance Structure of Joint Powers Authorities Staff recommends that the City Council approve a letter of opposition to AB 1217, a bill which would allow the State to alter the governance structure of an existing, locally -created joint powers authority. BACKGROUND Rethink Waste, a joint powers authority established to provide cost-effective solid waste, waste reduction and recycling programs to its 12 public agency members in San Mateo County, recently alerted staff of legislation currently moving through the State Senate that could threaten local government control of joint powers authorities established by participating agencies. DISCUSSION The League of California Cities has encouraged cities to send letters of opposition to AB 1217 (Daly) — Orange County Fire Authority, which it feels threatens local control of local matters through imposition of state regulation of joint power authorities (JPAs). Under current law, local public agencies can enter into a JPA at any time to jointly exercise any power common to the contracting parties for a mutually agreed upon purpose. These agreements are purely voluntary. The governance structure of a JPA is decided upon by the local agency participants at the time the JPA is formed. If disputes subsequently arise about the governance structure or any other aspect of the voluntary agreement that created the JPA, mechanisms are provided under existing law to resolve them at the local level. There are also clear provisions for any of the cooperating parties to withdraw from such voluntary agreements if they disagree with the governance or any other aspect of the JPA agreement. With current law providing a mechanism to make any necessary changes to a JPA's governance or any other aspect of its operations, the League contends that statewide legislation is not necessary, and that AB 1217, (which would specify the manner in which the Board of Directors of the Orange County Fire Authority, an existing JPA, is selected), "is disturbingly precedent -setting in its interference in a matter that clearly falls within the scope of local control. AB 1217 attempts to undermine existing law and unilaterally overrule a locally agreed upon governance structure 1 Opposition to AS 1217 July 6, 2015 that is part of the valid and voluntary formation agreement of a JPA — an entity that by definition has no relation to matters of statewide concern." AB 1217 will next be heard in the Senate Governance and Finance Committee on July 8, 2015. The attached letter was drafted by the League for use by cities in opposition to AB 1217. FISCAL IMPACT There is no immediate fiscal impact to the City or any JPA in which it participates. Exhibits: • Draft letter of opposition to AB 1217 from the City of Burlingame • Letter from the League of California Cities in Opposition to AB 1217 (June 12, 2015) 2 TERRY NAGEL, MAYOR ANN KEIGHRAN, VICE MAYOR RICARDO ORTIZ MICHAEL BROWNRIGG JOHN ROOT July 6, 2015 The Honorable Tom Daly California State Assembly State Capitol Building, Room 3126 Sacramento, CA 95814 The City of Burlingame CIN HALL -501 PRIMROSE ROAD BURLINGAME, CALIFORNIA 94010-3997 RE: AB 1217 (Daly). Orange County Fire Authority. (As amended June 9, 2015) Notice of Opposition Dear Assembly Member Daly: TEL: (650) 558-7200 FAX: (650) 566-9282 www.burlingarre.org The City of Burlingame respectfully opposes Assembly Bill 1217, which is a direct assault upon local control and an attempt to intervene, without justification, in a purely local matter affecting the governance of a local agency. Assembly Bill 1217 would employ the mechanism of state legislation to alter the governance structure of a locally -created joint powers authority, the Orange County Fire Authority, formed by local governments pursuant to the method prescribed in the Government Code. This measure invokes a core issue for cities everywhere: the preservation of local control. Current law on this matter is very clear. Joint powers authorities are by definition an expression of local government in which two or more local public agencies are authorized to enter into an agreement to jointly exercise any power common to the voluntarily contracting parties for a mutually agreed upon purpose. The very essence of such entities is local control. Their governance structure is decided upon by the local agency member participants as part of the voluntary formation agreement among the participating local agencies. Should disputes subsequently arise about that governance structure or any other aspect of this voluntary agreement, mechanisms are provided under existing law to resolve them at the local level. Moreover, there are also clear provisions in this and other instances for any of the cooperating parties to withdraw from such voluntary agreements if they disagree with the governance or any other aspect of the agreement. AB 1217 is a profoundly disturbing precedent in attempting to undermine provisions of existing law and unilaterally overrule a locally agreed upon governance structure that is part of the valid and voluntary formation agreement of a joint powers authority — an entity that by definition has no relation to matters of statewide concern. This is a local matter best resolved at the local government level. State intervention in such a matter is therefore unjustified. For these reasons, the City of Burlingame respectfully opposes this legislation. Sincerely, Terry Nagel Mayor -* Register online with the City of Burlingame to receive regular City updates at www.BurlinQame.org ❖ Ll� O EAI oU1® CITIES June 12, 2015 The Honorable Ton Daly California State Assembly State Capitol Building, Room 3126 Sacramento, CA 95814 1400 K Street, Suite 400 • Sacramento, California 95814 Phone: 916.658.8200 Fax: 916.658.8240 www.cacities.org RE: AB 1217 (Daly). Orange County Fire Authority. (As amended Tune 9, 2015) Notice of Opposition Dear Assembly Member Daly: The League of California Cities respectfully submits notice of its opposition to Assembly Bill 1217. Simply put, this measure is a direct assault upon local control. It is an attempt to intervene, we believe without justification, in a purely local matter affecting the governance of a local agency. Assembly Bill 1217 would employ the mechanism of state legislation to alter the governance structure of a joint powers authority, the Orange County Fire Authority, that was formed by local governments pursuant to the method prescribed in the Government Code. This measure invokes a core issue for the League of California Cities that speaks to the very reason for its existence: to preserve, protect, and defend local control. Current law on this matter is very clear. Joint powers authorities are by definition an expression of local government in which two or more local public agencies are authorized to enter into an agreement to jointly exercise any power common to the voluntarily contracting parties for a mutually agreed upon purpose. The very essence of such entities is local control. Their governance structure is decided upon by the local agency member participants as part of the voluntary formation agreement among the participating local agencies. Should disputes subsequently arise about that governance structure or any other aspect of this voluntary agreement, mechanisms are provided under existing law to resolve them at the local level. Moreover, there are also clear provisions in this and other instances for any of the cooperating parties to withdraw from such voluntary agreements if they disagree with the governance or any other aspect of the agreement. AB 1217 is a profoundly disturbing precedent in attempting to undermine provisions of existing law and unilaterally overrule a locally agreed upon governance structure that is part of the valid and voluntary formation agreement of a joint powers authority — an entity that by definition has no relation to matters of statewide concern. This is a local matter best resolved at the local government level. State intervention in such a matter is therefore unjustified. For these reasons, the League of California Cities regretfully opposes this legislation. If you have any questions regarding the League's position on this bill, please contact me at (916) 658-8252. Sincerely, Ila-- Tim Cromartie Legislative Representative cc: Chair and Members, Senate Committee on Governance and Finance Brian Weinberger, Consultant, Senate Committee on Governance and Finance Ryan Eisberg, Consultant, Local Government, Senate Republican Caucus - - - BURL i NO -AM[ Library Board of Trustee May 19, 2015 I. Call to Order President Deborah Donaldson called the meeting to order at 5:30 pm. II. Trustees Present: Kerbey Altmann, Mike Nagler, Deborah Donaldson, Lisa Rosenthal, Betsy Corcoran Staff Present: Brad Mc Culley, City Librarian Public: Joanna,Storey III: Library Board of Trustee Minutes The minutes of the April 21, 2015 meeting were unanimously approved. M/S./C (Altmann/Nagler) IV. Correspondence and Information A. Statistics: April 2014/2015 -Brad mentioned some folks haven't realized that the Main Library has reopened. It will be a gradual return to patronage. - Stats for new study rooms will be available next month. Trustee Rosenthal suggested that down the road the study rooms should be publicized in the city enews Trustee Corcoran asked what the guidelines are for use of the study rooms and reservations.'Brad mentioned that these guidelines are"'in beta." Right now reservations are done through library admin. Looking toward the future, the librarians will look into some kind of online registration system. B. Discussion of marketing efforts: Trustee Nagler raised his concern that the sign announcing the reopening outside the Main Library seems a little funky. He suggested having a brighter banner with more vibrant colors. Trustee Rosenthal suggested it say "Colne check us out! Open and renovated! Trustee Nagler noted the Burlingame realtor roundtable will make an announcement about how BLF picks up used books and will also mention the library reopening and renovation. He also suggested that Brad do a guest column for the SM Daily Journal about the reopening of the library. 48o Primrose Road• Burlingame- California 94010-4o83 Phone (650) 558-7474' Fax (650) 342-6295' www.burlingame.orq/library V. A. City Librarian's Report Brad is looking into hiring new pages. The librarians are gearing up for summer reading. The library will do adult summer reading along the lines of One Book, One Community. The adult program will have as.a requirement to participate in several library programs about the book. June 6th is the kick-off date. The Scan it PS 80 photo scanner will soon be up and running. It will be able to scan VHS tapes as well. John Piche's second place entry in the grant competition for lending Kindles will probably be funded by the 131,17: With this program the library will be able to download books not available on Overdrive and lend out Kindles to patrons Ray Delara and John are in the final round on a third grant from the state for the W.H.E.E.L.S. library bike. The Library truck cannot be driven by anyone who is not a library employee. A work around is in place. B. Foundation Report The Book and Author Luncheon was a huge success.- Final figuresfor the event will be available at the nextmeeting. VI. Unfinished Business A. Our Library Our Future_ Signage is in process and there is still work to do on the donor wall. We have most plaque verbage in place. Cafe floor work will be done next week. [twill be smelly so a lot of the work will be done at night so as not to disturb employees and patrons. We are anticipating an August opening.' Jeannine is still finalizing the budget for the project. Trustees will be paying for overage. The CD units that have been,ordered do not hold the library s whole collection and we will need 3 more CD units. Each unit costs $7,000. Brad will get us firmer numbers on the total budget as soon as possible. B. Joint commission meeting June 15. Trustee Donaldson will send talking points to trustees Nagler and Rosenthal. Trustees Donaldson, Nagler and Rosenthal will attend the meeting. VIII. New Business A. Patron complaints, Trustee Altmann got a phone call from an angry patron because sprinklers at the library were spraying water on the sidewalk. Brad explained that the City has gone to 2 -day watering at night protocol. Trustee Altmann asked what procedure the library has for patrons registering complaints. Brad will look into making sure librarians are aware of how to get a message to the board and be aware of agenda and board meetings. Brad mentioned that most comments have been positive about the renovation. Trustee Donaldson asked that librarians be aware that patrons are welcome at our meetings. Brad said our new website will also have a place for comments. Trustee Nagler reiterated his request - for a survey of patrons. Brad, said he is considering conducting a strategic planning process and the survey would be rolled into that.. IX. Announcements . A. Trustee Corcoran announced that her last trustee meeting would be. today as she will be out of town for the next meeting. She expressed her gratitude for -being part of the board. She informed the other trustees that the black box on top of the cabinets in the trustee conference room is our time capsule from our anniversary event. Trustee Donaldson thanked her for her passion, insight, and - diplomacy. B. Trustee Rosenthal informed theboard that there will be a Bay Area Book Festival free to the public on June 6 and June 7. 300 authors will be present to give talks. Information is available at www.baybookfest.org. X. Adjournment The meeting was adjourned at 7:00 p.m. The next meeting of the Library Board of Trustees will be held on June 16, 2015 in the Library Conference Room at 5:30 p.m. M/S/C (Corcoran/Altmann) Respec lly Submitted Brad McCulley City Librarian TRAFFIC, SAFETY AND PARKING COMMISSION Approved Minutes Regular Meeting of Thursday, May 14, 2015 1. CALL TO ORDER. 7:00 p.m. 2. PLEDGE OF ALLEGIANCE TO THE FLAG. 3. ROLL CALL. MEMBER PRESENT: MEMBERS ABSENT: Martos, Londer, Akers, Noworolski, Wettan 4. APPROVAL OF MINUTES a) Motion: To accept the minutes of April 9, 2015 as submitted M/S/C: Wettan, Akers; 4/0/1 (Noworolski abstained) 5. PUBLIC COMMENTS — NON -AGENDA Ms. Giorni wanted to be assured that she would be able to speak on items 6a, 7a, 9a and Future Agenda Items. Ms. Saucedo suggested that Larkspur Drive and Toyon Drive be considered for one-way streets due to the narrowness of the streets and the number of trucks using these streets. She also suggested posting signs that indicate narrow streets are ahead. Ms. Saucedo also said vehicles are blowing through the roundabout at Larkspur Drive and Linden Avenue. 6. DISCUSSION/STUDY ITEMS a. General Plan Update: Nomination of TSPC member to Community Advisory Committee (CAC) Mr. Wong made a brief presentation on the role of the committee and responsibilities of the representative. Mr. Wong asked that the Commissioners review the information provided and move to nominate a Commissioner as an action item at a future meeting. 1 • TSPC Email Communications — reviewed the log which provided status of the communications. b) Police Department Reports Sergeant Ford reported that the Police Department is preparing for the Diva Race which will occur during the last weekend of May. May is also Click -It or Ticket month and there will also be special enforcement next Wednesday & Friday for seatbelt violators. c) Farmers Market Commissioner Londer sought volunteers for this coming Sunday Farmer's Market. Commissioner Wettan volunteered for the earlier shift and Chair Martos thought perhaps he could volunteer for the second half. Commissioner Londer will also be present during the entire time period. 9. COMMISSION & COMMITTEE REPORTS a) Burlingame Bicycle/Pedestrian Advisory Committee (B/PAC) Commissioner Londer reported that B/PAC did not meet this month however there was a robust conversation with some of this Commission and some members of B/PAC. Commissioner Wettan noted that it took quite a while for B/PAC to have a Planning Commissioner as part of the Committee and that person has resigned. Commissioner Wettan felt that this Commission needs to devote some time to determine what the Committee should be doing and what their goals are. Chair Martos opened the floor for public comment. Ms. Giorni concurred with Commissioner Wettan's assessment. Ms. Giorni felt this Committee would lose public input in the future. Ms. Giorni does not see that feedback is being brought back to this Commission, two meetings were cancelled and that people don't know what the structure is. Commissioner Wettan would like to see this as a Future Agenda item. 10. FUTURE AGENDA ITEMS a) Muni Code Update Commissioner Akers recommended that this item be postponed for one month. There was some discussion as to the process for adding items to Future Agenda items F Honorable Mayor and City Council Burlingame City Hall got Primrose Road Burlingame, CA 94010 Re: Item 9a: Introduction of an Ordinance of the City of Burlingame Amending Chapter B.tS of the Burlingame Municipal Code to Prohibit Smoking in Multi -Family Dwellings Dear Mayor Terry Nagel, Vice Mayor Ann Keighran and City Council, The California Apartment Association's Tri -County Division (CAA Tri -County) which represents more than 3,000 owners and managers of residential rental property in San Mateo, Santa Clara, and Santa Cruz counties commends the city's efforts to protect citizens from second hand smoke and promote public health. In reviewing the proposed ordinance to regulate smoking and curtail the effects of second hand smoke, we respectfully request that the city council consider several amendments to the ordinance before moving to the second reading. The recommendations contained below are designed to protect residents in multi -unit rental housing, offer clarity to rental property owners and managers, and provide a level of consistency with similar ordinances in San Mateo County: Phase In Period Property owners, managers and tenants have contractual obligations to the terms of the lease agreement, which are difficult to alter until the agreement expires. Therefore, we recommend adopting a phase-in period for existing tenants while allowing new tenancies to be non-smoking. To that extent, we offer the following language: ➢ A unit shall not be subjected to the smoking restrictions until twelve months after the effective date of this chapter, or until the legal occupants on the effective date of this chapter vacate the unit, whichever occurs first." ON Designated Smoking Areas We offer the following language be included to help mitigate the impact and accommodate the needs of of existing residents who choose to smoke: ➢ "A property owner and manager may designate a portion of the outdoor area a "Designated Smoking Area" which means such portion of an Outdoor Common Area that has been designated for smoking by the person with legal control over the common area and which complies with all of the following: The area is unenclosed At k California Apartment Association s <u,4.� 1530 The Alameda, Suite 100 - San Jose, CA 95126 408.342.3500 . caanet.org Honorable Mayor and City Council Burlingame City Hall got Primrose Road Burlingame, CA 94010 Re: Item 9a: Introduction of an Ordinance of the City of Burlingame Amending Chapter B.tS of the Burlingame Municipal Code to Prohibit Smoking in Multi -Family Dwellings Dear Mayor Terry Nagel, Vice Mayor Ann Keighran and City Council, The California Apartment Association's Tri -County Division (CAA Tri -County) which represents more than 3,000 owners and managers of residential rental property in San Mateo, Santa Clara, and Santa Cruz counties commends the city's efforts to protect citizens from second hand smoke and promote public health. In reviewing the proposed ordinance to regulate smoking and curtail the effects of second hand smoke, we respectfully request that the city council consider several amendments to the ordinance before moving to the second reading. The recommendations contained below are designed to protect residents in multi -unit rental housing, offer clarity to rental property owners and managers, and provide a level of consistency with similar ordinances in San Mateo County: Phase In Period Property owners, managers and tenants have contractual obligations to the terms of the lease agreement, which are difficult to alter until the agreement expires. Therefore, we recommend adopting a phase-in period for existing tenants while allowing new tenancies to be non-smoking. To that extent, we offer the following language: ➢ A unit shall not be subjected to the smoking restrictions until twelve months after the effective date of this chapter, or until the legal occupants on the effective date of this chapter vacate the unit, whichever occurs first." ON Designated Smoking Areas We offer the following language be included to help mitigate the impact and accommodate the needs of of existing residents who choose to smoke: ➢ "A property owner and manager may designate a portion of the outdoor area a "Designated Smoking Area" which means such portion of an Outdoor Common Area that has been designated for smoking by the person with legal control over the common area and which complies with all of the following: The area is unenclosed CLK-Kearney, Mary Ellen From: Gina Zari <gina@samcar.org> Sent: Monday, July 06, 2015 4:02 PM To: GRP -Council Cc: MGR- Goldman, Lisa Subject: smoking ordinance Mayor Nagel, Vice Mayor Keighran, Councilmembers Brownrigg, Ortiz, and Root, I would like to introduce myself, I am the new Government Affairs Director at the San Mateo County Association of REALTORS. I look forward to meeting you and becoming acquainted in the near future. Regarding the item on tonight's agenda introducing an ordinance amending Chapter 8.18 of the Municipal Code to prohibit smoking in multi -family dwellings, on behalf of SAMCAR, I would like to request that you exclude owner - occupied multi -family residences. As written, we feel the ordinance would infringe upon homeowners' rights to the quiet enjoyment of their property. I look forward to working with you all. Gina Zari GOVERNMENT AFFAIRS DIRECTOR (650) 696-8200 1 ginaC@samcar.ore 850 Woodside Way, San Mateo, California 94401 www.samcar.ora I www.facebook.com/samcar.fans SAN MATEO COUNTY ASSC ONFIC IN of REALTORS°l a STAFF REPORT To: Honorable Mayor and City Council Date: July 6, 2015 From: Lisa K. Goldman, City Manager — (650) 558-7243 Kathleen Kane, City Attorney — (650) 558-7204 AGENDA NO: 9a MEETING DATE: July 6, 2015 Subject: Introduction of an Ordinance of the City of Burlingame Amending Chapter 8.18 of the Burlingame Municipal Code to Prohibit Smoking in Multi -Family RECOMMENDATION Staff recommends that the Council consider the introduction of an ordinance to amend Chapter 8.18 of the Municipal Code to prohibit smoking in multi -family dwellings. In order to do so, the Council should: A. Receive the staff report and ask any questions of staff. B. Request that the City Clerk read the title of the proposed ordinance. C. By motion, waive further reading and introduce the ordinance. D. Conduct a public hearing. E. Following the public hearing, discuss the ordinance and determine whether to bring it back for second reading and adoption. If the Council is in favor of the ordinance, direct the City Clerk to publish a summary of the ordinance at least five days before its proposed adoption. At its May 18, 2015 meeting, the Council considered various alternatives for increasing regulation of smoking in multi -family housing within the city. The existing provisions in Chapter 8.18 of the Municipal Code ban smoking in common areas within multi -family housing. After consideration of staff's presentation and materials and public testimony, a majority of the Council indicated support for enacting a prohibition on smoking of tobacco products in multi -family housing. A majority of the Council indicated that such a ban should exempt the use of medical marijuana subject to a valid prescription. Consideration of possible further expansion of smoking regulations to other prohibited public areas and potential regulation of the use of e -cigarettes and other non -combustion products was deferred to a later date. DISCUSSION The negative effects of second-hand tobacco smoke are well-documented. While private conduct inside individual housing units is generally not subject to regulation by the City, when such 1 Ordinance Prohibiting Smoking in Multi -Family Dwellings July 6, 2015 conduct has direct and injurious effects on third parties, the City has a legitimate police power interest in protecting the health and welfare of its citizens and may exercise regulatory authority. Just as the City may enact noise ordinances or prohibitions on the use of fireworks on private property because of the potential effects outside of the property, so may it prohibit the use of products which, by their nature, may endanger neighbors in close proximity. In this case, second- hand smoke has been shown to increase rates of asthma, cancer, and other diseases in non- smoking residents of multi -family housing. The ordinance attached addresses these identified effects. FISCAL IMPACT Likely to be minimal. It is difficult to predict the amount of staff time required for education, outreach, and enforcement activities related to the proposed ordinance, but the experience of cities that have recently adopted similar provisions is that they impose relatively minor burdens on staff capacity. Staff time spent on enforcing these provisions will be redirected from other activities, with no net cost to the City's budget. Exhibit: • Proposed ordinance 2 ORDINANCE NO. ORDINANCE OF THE CITY OF BURLINGAME AMENDING CHAPTER 8.18 OF THE BURLINGAME MUNICIPAL CODE TO PROHIBIT SMOKING IN MULTI -FAMILY DWELLINGS WHEREAS the City has long recognized smoking's direct and indirect harmful effects on the public health and welfare; and WHEREAS the negative effects of second-hand smoke in multi -family dwellings have been well-documented, and include increased rates of asthma, lung cancer, and other diseases in non-smoking residents exposed to second-hand smoke; and WHEREAS the City has a legitimate interest in protecting the health and welfare of its residents by shielding them from exposure unwanted second-hand smoke in their homes; and WHEREAS non-smoking residents of multi -family dwellings are particularly at risk from second-hand smoke from neighboring residents because of the risk of repeated, long-term exposure and their inability to remove themselves from the hazard; and NOW, THEREFORE, the City Council does hereby ordain as follows: DIVISION 1: Section 1: Burlingame Municipal Code Chapter 8.18 is hereby amended as follows: 1. Current Chapter 8.18, Smoking is hereby amended in the identified sections below as follows: 8.18.020 Definitions. The following words and phrases, whenever used in this chapter, shall be construed as defined in this section: (a) "Bar" means an area which is devoted to the serving of alcoholic beverages for consumption by patrons on the premises and in which the serving of food in that bar area is only incidental to the consumption of such beverages. Although a restaurant may contain a bar, the term "bar" shall not include the restaurant's primary dining area. (b) "Business" means any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered. (c) "Employee" means any person who volunteers his or her services or who is employed by any employer in consideration for direct or indirect monetary wages or profit. (d) "Employer" means any person, partnership, corporation or nonprofit entity who employs the services of one or more persons. (e) "Enclosed" means closed in by roof and at least three (3) walls. (f) "Multi -family housing" means any structure containing two or more contiguous dwelling units that share a wall, floor, or roof. (gf) "Nonprofit entity" means any corporation, unincorporated association or other entity created for charitable, educational, political, social or other similar purposes, the net proceeds from the operations of which are committed to the promotion of the objects or purposes of the organization and not to private financial gain. A public agency is a "nonprofit entity" within the meaning of this section. 1(_ig) "Place of employment" means any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges and restrooms, conference and class rooms, cafeterias and hallways. Q#) "Public place" means any enclosed area to which the public is invited or in which the public is permitted, including, but not limited to: banks, educational facilities, health facilities, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, rail service establishments, retail stores, theaters and waiting rooms. Public place also means that City -owned or operated property — whether enclosed or open-air — described below in §8.18.030. Qi) "Restaurant" means any coffee shop, cafeteria, sandwich stand, soda fountain, private or public school cafeteria and any other eating establishment, organization, club, boardinghouse or guest house, which gives or offers food for sale to the public, guests, patrons or employees. (kJ) "Retail tobacco store" means a retail store utilized primarily for the sale of tobacco products and accessories. Qk) "Service line" means indoor line at which one or more persons are waiting for or receiving service of any kind, whether or not such service includes the exchange of money. (ml) "Smoking" means inhaling, exhaling, burning or carrying any lighted pipe, cigar or cigarette of any kind, or any other combustible substance. (nt») "Sports arena" means sports pavilions, gymnasiums, health spas, boxing arenas, swimming pools, athletic fields, roller and ice rinks, bowling alleys and other similar places where members of the public assemble to engage in physical exercise, participate in athletic competition or witness sports events. (o a) "Tobacco vending machine" means any electronic or mechanical device or appliance the operation of which depends upon the insertion of money, whether in coin or paper currency, or other things representative of value, which dispenses or releases a tobacco product. (Ord. 1344 § 1, (1987); Ord. 1475 §§ 1, 2, (1993); Ord. 1481 § 1, (1993)) 8.18.055 Multi -Family Housing, Smoking is prohibited in multi -family housing. The use of medical marijuana with a valid prescription shall not be prohibited by this provision, but shall be subject to all other applicable regulations and prohibitions on creation of a nuisance. 8.18.060 Where smoking not regulated. (a) Notwithstanding any other provisions of this chapter to the contrary, the following areas shall not be subject to the smoking restrictions of the chapter: (1) Bars; (2) Private residences, other than those located in multi -family housing, except when used as a child care or a health care facility,; prewded thatCeommon areas or areas normally open to the public within residential apartments, residential co-ops, residential hotels, senior citizen projects, or other communal or similar facilities housing twelve (12) or more persons shall be subject to smoking restrictions; (3) Sixty-five (65) percent of the guest room accommodations in a hotel, motel, or similar transient lodging establishment; (4) Areas of the lobby in a hotel, motel, or similar transient lodging establishment designated for smoking by the establishment. Such an establishment may permit smoking in a designated lobby area that does not exceed twenty-five (25) percent of the total floor area of the lobby or, if the total area of the lobby is two thousand (2,000) square feet or less, that does not exceed fifty (50) percent of the total floor area of the lobby. For the purposes of this paragraph, "lobby" means the common public areas of such an establishment in which registration and other similar or related transaction, or both, are conducted and in which the establishment's guests and members of the public typically congregate; (5) Meeting and banquet rooms in a hotel, motel, other transient lodging establishment similar to a hotel or motel, restaurant, or public convention center, except while food or beverage functions are taking place, including setup, service, and cleanup activities, or when the room is being used for exhibit purposes. At times when smoking is not permitted pursuant to this subsection, the establishment may permit smoking in corridors and prefunction areas adjacent to and serving the meeting or banquet room if no employee is stationed in that corridor or area on other than a passing basis; (6) Theatrical production sites, but only in a theatrical production itself when smoking is an integral part of the story to the theatrical production; (7) Cabs of motortrucks, as defined in Section 410 of the Vehicle Code, or truck tractors, as defined in Section 655 of the Vehicle Code, if no nonsmoking employees are present; (8) Retail tobacco stores; (9) Medical research or treatment sites, if smoking is integral to the research and treatment being conducted. Such a site must have not less than sixteen (16) air changes per hour; (10) Patient smoking areas in long-term health care facilities, as defined by Section 1418 of the Health and Safety Code. Such an area shall have not less than sixteen (16) air changes per hour. (b) The exception to smoking prohibitions contained in subsection (a)(7) above does not apply to city -owned or city -controlled vehicles or equipment. (Ord. 1344 § 1, (1987); Ord. 1481 § 1, (1993); Ord. 1517 § 2, (1995); Ord. 1527 § 1, (1995); Ord. 1777 § 3, (2006)) DIVISION 2: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. DIVISION 3: This Ordinance shall be published in a newspaper of general circulation in accordance with California Government Code Section 36933, published, and circulated in the City of Burlingame, and shall be in full force and effect one hundred eighty 0 80) 0+ tty ""ways after its final passage. TERRY NAGEL, Mayor I, MARY ELLEN KEARNEY, City Clerk of the City of Burlingame, do hereby certify that the foregoing ordinance was introduced at a regular meeting of the City Council held on the day of 2015 and adopted thereafter at a regular meeting of the City Council held on the day of 2015, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ATTEST: MARY ELLEN KEARNEY, City Clerk 0STAFF REPORT AGENDA NO: 9b 0 MEETING DATE: July 6, 2015 To: Honorable Mayor and City Council Date: July 6, 2015 From: Kathleen Kane, City Attorney — (650) 558-7204 Subject: Introduction of an Ordinance of the City of Burlingame Repealing Interim Ordinance 1911 and Amending Chapter 6.39 of the Burlingame Municipal Code Regulating Massage Establishments Staff recommends that the Council consider the introduction of an ordinance to repeal the interim moratorium on new massage establishments and to amend Chapter 6.39 of the Municipal Code regulating massage establishments. In order to do so, the Council should: A. Receive the staff report and ask any questions of staff. B. Request that the City Clerk read the title of the proposed ordinance. C. By motion, waive further reading and introduce the ordinance. D. Conduct a public hearing. E. Following the public hearing, discuss the ordinance and determine whether to bring it back for second reading and adoption. If the Council is in favor of the ordinance, direct the City Clerk to publish a summary of the ordinance at least five days before its proposed adoption. BACKGROUND In 2009, the State Legislature enacted sweeping revisions to local governments' ability to regulate massage establishments. Last year, the Council adopted an ordinance to come into compliance with that law. In essence, the 2009 legislation prevented local governments from exercising significant regulatory authority over any massage establishment where practitioners were licensed by the newly created California Massage Therapy Council. The impacts of the 2009 legislation were large. Many cities experienced a proliferation of massage establishments, some of which operated as cover for illicit activities. Acknowledging pressure from local jurisdictions, the State Legislature recently altered the regulatory landscape for the massage industry again — this time restoring some, but not all, of the powers previously exercised by local government in regulating massage establishments. The new law, known as A131 147, went into effect on January 1, 2015. Under AB 1147, cities again have limited authority to regulate the massage industry. Cities have differed in their responses to this new law, and it is taking some time for a consensus approach to 1 Ordinance Regulating Massage Establishments July 6, 2015 emerge. On January 5 of this year, the Council enacted (and then later extended) a temporary moratorium on new massage establishments, in order to allow time for the City to engage in research and dialog with neighboring jurisdictions about the best way to implement massage regulation under AB 1147. While legitimate massage establishments exist within the city and have posed no public health or safety hazards, the City has received numerous complaints regarding some massage establishments and individual practitioners. Those complaints allege a range of illicit activities occurring under the guise of massage services, including human trafficking, prostitution, and sexual assault. Where a business is or is viewed to be a cover for such illicit activities, in addition to putting unwitting patrons at risk, it can have negative effects on nearby businesses and neighborhoods, contributing to blight and criminal activity in the area. The City has an interest in ensuring the safety and health of massage workers, patrons, and neighboring homes and businesses through regulations such as those contained in the proposed ordinance. City staff has conducted research and engaged in county -wide coordination on how best to regulate the massage industry post -AB 1147. The attached proposed ordinance aligns with County provisions although it retains the structure of Burlingame's existing regulations, recognizes the continuing role of CAMTC certification under existing law, and preserves local control where feasible. It includes a moderate anti -concentration provision, under which new massage establishments may not locate within 300 feet of existing facilities. This provision is designed to allow ample locations for massage businesses to locate while avoiding the kind of concentration that can contribute to blight and depress neighboring economic activity. Further, the attached ordinance clarifies some procedural aspects of registration and enforcement and clarifies that all massage therapy providers in the City must be CAMTC certified. The overall objective of the ordinance is to permit legitimate massage establishments to exist in the city while providing monitoring and regulation tools to ensure that enforcement can be had against illicit activities that may use massage businesses as cover. FISCAL IMPACT Minimal. Staff time will continue to be required to handle registration and monitoring of massage establishments. Exhibit: • Proposed ordinance ORDINANCE NO. ORDINANCE OF THE CITY OF BURLINGAME REPEALING INTERIM ORDINANCE 1911 AND AMENDING CHAPTER 6.39 OF THE BURLINGAME MUNICIPAL CODE REGULATING MASSAGE ESTABLISHMENTS WHEREAS massage establishments provide valuable therapeutic services to clients within the City of Burlingame and throughout the country; and WHEREAS some establishments engage in illicit activities under the guise of providing massage services, including prostitution and human trafficking; and WHEREAS cities have a legitimate interest in regulating massage establishments to protect the public health, welfare and safety; and WHEREAS new state law, effective January 2015, clarified cities' authority relative to the regulation of massage establishments; and WHEREAS the City enacted a temporary moratorium on new massage establishments in order to allow it to study the new law and nearby jurisdictions' approach under it; and WHEREAS the temporary moratorium should now be repealed and current Chapter 6.39 of the Burlingame Municipal should be amended to include provisions reflective of now -applicable state law; NOW, THEREFORE, the City Council does hereby ordain as follows: DIVISION 1: Burlingame Municipal Code Title 6 is hereby amended as follows: Section 1. Findings: In enacting these regulations the City Council recognizes that massage is a viable professional Feld offering the public valuable health and therapeutic services. The City Council finds and declares as follows: (a) The registration and health and safety requirements imposed by this chapter are reasonably necessary to protect the health, safety and welfare of the citizens of the City. (b) Massage businesses have been found to present opportunities for acts of prostitution and other unlawful activity, and, in fact, officers have made arrests for prostitution in massage businesses located within the City of Burlingame. The City of Burlingame has received numerous complaints relating to massage establishments, alleging a range of illicit activities occurring under the guise of massage services including human trafficking, prostitution, and sexual assault. (c) The California legislature and the courts have long recognized the necessity of imposing reasonable regulations and standards for the operation of massage businesses, including but not limited to minimum educational and experience requirements, passage of a practical examination of competence, sanitary conditions, hours of operation, and other operational regulations designed to minimize opportunities for illegal activities and to ensure the protection of the health, safety and welfare of citizens. (d) There is a significant risk of injury to clients of massage businesses by improperly trained or poorly educated massage practitioners. (e) The presence of businesses known or reputed to be places of prostitution or other illegal activity can have an adverse impact on surrounding properties and result in blight, foster further illegal activities, and generally become a public nuisance. It has been the experience of the City and other municipalities that the concentration of massage businesses in a small area, in particular, can contribute to blight, depress economic activity in the immediate area, and create public safety risks associated with cash -based illicit activity. Section 2. Interim Ordinance 1911, providing for a temporary moratorium on new massage establishments, is hereby repealed. Section 3.Chapter 6.39, Massage Establishments, is hereby amended as follows: 6.39.010 Purpose. It is the purpose and intent of the city council that the operation of massage services and persons offering services therein, wherein the principal function is giving of massages, as defined in this chapter, should be regulated in the interests of public health, safety and welfare by providing minimum sanitation and health standards for such establishments, and to ensure that persons offering services therein shall possess the minimum qualifications necessary to operate such businesses and to perform such services offered. It is the city's intent to rely upon the uniform statewide regulations set forth in California Business and Professions Code Section 4600 et seq. It is further intended that these provisions provide a framework that is consistent with regulations imposed by nearby communities on similar businesses. 6.39.020 Definitions. For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: (a) "Applicant" means any person or entity applying for registration from the city, including each of the following persons: the responsible managing officer/employee, a general partner, a limited partner, a shareholder, a sole proprietor, or any person who has a five percent or greater ownership interest in a massage business whether as an individual, corporate entity, limited partner, shareholder or sole proprietor. (b) "California Massage Therapy Council" means the message therapy organization formed pursuant to California Business and Professions Code Section 4600 et seq., as amended, and referred to as CAMTC herein. (c) "Certificate of registration" means a certificate issued by the police department upon submission of satisfactory evidence that an individual or business has a current and valid state certification and has satisfied all other requirements pursuant to the provisions of this chapter. (d) "Certified" means any person holding a current and valid state certificate issued by the CAMTC pursuant to California Business and Professions Code Section 4600 et seq., as amended. (e) "Certified massage business" means any business where the only persons employed or used by that business to provide massage services have current and valid state certifications. (f) "Certified massage practitioner" means any person holding a current and valid state certificate issued by the CAMTC pursuant to California Business and Professions Code Section 4600 et seq., as amended. (g) "Health officer" means the health officer of the county of San Mateo or the health officer's authorized representative. (h) "Massage" means any method of treating the external parts of the human body for any form of consideration. This includes, but is not limited to, bathing, rubbing, pressing, stroking, kneading, tapping, pounding, vibrating or stimulating with the hands, other parts of the human body, or any instrument, with or without the aid of any instruments or supplementary aids, such as oils and creams. (i) "Massage establishment" means any business where massages, baths or health treatments, involving massage, hot tubs, saunas, or baths as the principal function, are given, engaged in or carried on, or permitted to be given, engaged in or carried on in any manner described in this section. 0) "Massage practitioner" means any person who administers a massage within a massage establishment for any form of consideration. (k) "Person" means any individual, partnership, firm, association, corporation, joint venture, or combination of individuals. (1) "Registered" means any individual or business having a current and valid certificate of registration from the city, unless otherwise noted. 6.39.030 State certification and city registration required. (a) It is unlawful for any person to operate, engage in, conduct, carry on, or permit to be operated, engaged in, conducted or carried on (as the owner of the business premises or in any other capacity) in or upon any premises within the city, the business of a massage establishment all as defined herein, unless the person has first been certified for such a business, and the certification remains in effect in accordance with the provisions of this chapter. (b) It is unlawful for any person to act as a massage practitioner unless that person has first registered with the city and the registration remains in effect in accordance with the provisions of this chapter. 6.39.040 Grant of Authority. The police chief or designated representative shall have the power and authority to promulgate rules, regulations, and requirements consistent with provisions of this chapter and other law in connection with the issuance of a certificate of registration. The police chief may designate an employee of his or her department to make decisions and investigations and take actions under this chapter. 6.39.050 Application for registration. Any person, except as herein otherwise provided, desiring to operate a massage business, or to engage in the practice of giving massages, shall first file a registration application to the police department on forms provided by the city. This application shall contain all of the following: (a) State Certification Verification (1) The applicant and all massage practitioners currently employed or to be employed in the massage business shall produce in person all of the following: i. a valid and current state certification ii. a valid and current CAMTC issued identification card iii. a current and valid driver's license or identification card issued by a state, federal governmental agency, or photographic identification bearing a bona fide seal by a foreign government iv. with respect to the approved massage schools attended by the applicant and all certified massage practitioners, certified copies of transcripts, a true and correct copy of the diploma(s) issued, and current contact information of all school(s) the certified massage practitioners attended v. If the applicant is the owner of the business and a certified massage practitioner, the applicant shall produce a sworn statement that the certified massage business shall employ only certified massage practitioners Zvi. a list of other jurisdictions where massage reizistration certificates or similar licenses are held, and a statement as to whether any of those certificates or licenses have been revoked or suspended along with a description of the reasons for such revocation or suspension (2) An applicant who is not certified and owns five percent or more of the business shall produce in person all of the following: i. name, residence, and telephone number ii. acceptable proof that the employee is at least eighteen years of age iii. Social Security number and driver's license, if any iv. the previous address of the applicant for the ten (10) years immediately prior to the present address of the applicant V. business, occupation or employment of the applicant for the ten (10) years immediately preceding the date of application; vi. fingerprints (taken by the police department for criminal history investigation) and three (3) portrait photographs at least two (2) inches by two (2) inches, taken within the last sixty (60) days immediately prior to the date of the filing of the application, showing the head and shoulders of the applicant in a clear and distinct manner vii. whether the applicant has ever been convicted of any crime, except misdemeanor traffic violations. For each such conviction, a statement shall be made giving the place and court in which the conviction occurred, the specific charge under which the conviction was obtained and the sentence imposed as a result of the conviction viii. whether any previous person while employed by the applicant has been convicted in a court of competent jurisdiction of an offense involving conduct which requires registration under California Penal Code subsection 290, or a violation of subsections 266(i), 311 through 311.7, 314, 315, 316, 318, 318.5, 318.6, or 647(a), (b), (d), (h), (i), or (k) of the Penal Code ix. a list of other jurisdictions where massage registration certificates or similar licenses are held, and a statement as to whether any of those certificates or licenses have been revoked or suspended along with a description of the reasons for such revocation or suspension (b) General Business Information (1) the full true naive under which the business will be conducted (2) the present or proposed address where the business is to be conducted (3) a complete description of all services to be provided (4) the name and address of any massage business or other like business owned or operated by any person whose name is required to be given pursuant to this section (5) a description of any other business to be operated on the same or adjoining premises, owned or controlled by the applicant (6) the contact information of the owner and lessor of the real property, if any, upon or in which the business is to be conducted (7) a true and complete copy of any lease associated with the premises (8) if the applicant is a corporation, the applicant shall provide certified copies of the Articles of Incorporation and Bylaws, along with the name and residence addresses of each of its current officers and directors, stockholders holding more than five percent of the stock of that corporation, and its registered agent for receipt of process (9) if the applicant is a partnership, the applicant shall provide the names and residence address of each of the partners, including limited partners. If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership as filed with the county clerk. If one or more partners is a corporation, the provisions of this subsection pertaining to corporate applicants shall apply to the corporate partner (c) Such other identification and information necessary to discover the truth of matters hereinbefore specified as required to be set forth in the application (d) A separately signed waiver and release authorizing the city and its authorized agents, and employees to obtain information and to conduct an investigation into the truth of the statements made on the application (e) A signed statement that the owner/applicant shall be responsible for the conduct of all employees or independent contractors working on the premises of the business and that failure to comply with California Business and Professions Code Section 4600 et seq., with any local, state, or federal law, or with the provisions of this chapter may result in the suspension or revocation of the certificate of registration (f) Payment of all appropriate fees (1) A registration fee, if applicable, shall be set by resolution of the city council and shall be required only for background check for those applicants of a certified massage business who are not state certified and own five percent or more of the certified massage business. A registration fee shall not be charged to certified applicants. 6.39.060 Registration Process. Registration with the City is required in order to conduct a massage business Initial registration shall be for a period of two (2) years, subject to renewal as described below. (a) The police department shall issue a certificate of registration to any certified sole proprietorship that demonstrates all of the following: (1) That the operation, as proposed by the applicant, if permitted, complies with all applicable laws, including, but not limited to, the city's building, zoning, business license, and health regulations. If a fixed location for the massage business isroroposed no registration certificate shall be granted for a new massage establishment opening within three hundred (300) feet of an existing massage establishment. (Registered massage establishments in existence as of the effective date of this ordinance that are in compliance with the provisions of this chapter are permitted to remain in their current locations, subject to all otherwise -applicable restrictions (2) The owner is the only person employed or used by that business to provide massage services. (3) The owner holds a valid and current state certificate issued pursuant to Chapter 10.5 of the California Business and Professions Code and that the owner/applicant is the same person to whom the CAMTC issued a valid and current state certificate and identification card. (4) That the applicant has not made a material misrepresentation in this application or with respect to any other document or information required by the city with respect to this application or for an application for a city massage permit under applicable law within the last ten years. (b) The police department shall issue a certificate of registration to a certified massage business that demonstrates all of the following: (1) That the operation, as proposed by the applicant, if permitted, complies with all applicable laws, including, but not limited to, the city's building, zoning, business license, and health regulations. If a fixed location for the massage business is proposed, no registration certificate shall be granted for a new massage establishment opening within three hundred (300) feet of an existing massage establishment. (Registered massage establishments in existence as of the effective date of this ordinance that are in compliance with the provisions of this chapter are permitted to remain in their current locations, subject to all otherwise -applicable restrictions). (2) The owner holds a valid and current state certificate issued pursuant to Chapter 10.5 of the California Business and Professions Code and that the owner/applicant is the same person to whom the CAMTC issued a valid and current state certificate and identification card. (3) The massage business employs or uses only state certified massage practitioners whose certifications are valid and current and that owners of the state certificates are the same persons to whom CAMTC issued valid and current identification cards. (4) That the applicant has not made a material misrepresentation in this application or with respect to any other document or information required by the city with respect to this application or for an application for a city massage permit under applicable law within the last five years. (5) That the background check for any applicant/owner authorized by this chapter shows that such person has not been required to register under the provisions of Section 290 of the California Penal Code; within five years preceding the application had a conviction in court of competent jurisdiction for any of the crimes identified in Section 4.40.050(A)(1)(d)(vi)(A) through (G) herein; has not had an individual or business permit or license with any agency, board, city, county, territory, or state, denied, revoked, restricted, or suspended within the last five years; and has not been subject to an injunction for nuisance under Penal Code Sections 11225 through 11235 within the last five years. 10 6.39.070 Appeal. If registration or renewal is denied, applicant has ten (10) days from the date of mailing the notice within which to appeal to the city council by filing a written application for a public hearing with the clerk of the city. The written appeal application must state the grounds on which the applicant objects to the denial of the registration or renewal. Notice and a public hearing shall be given as follows: (a) Upon receipt of the appeal, the city clerk shall set the matter for hearing before the council, at a regular meeting thereof, as soon as is practicable but in any event within thirty six (630) days from the date of filing the appeal, and shall give written notice of the hearing to the applicant at the applicant's address set forth in the appeal by first class mail at least ten (10) days prior to the hearing date. The date for the appeal hearing may be modified upon the request of the applicant or upon consultation and agreement between the applicant and the City. (b) On the date set, the council shall hear the matter, and may continue it from time to time before reaching a decision. The proceedings before the council shall be informal and the rules of evidence shall not apply. However, the applicant and any interested parties may present such evidence as they deem appropriate provided it complies with the procedures set forth by the council for appeals. If the council finds that the applicant has satisfactorily met all of the requirements of this chapter, it shall order the issuance of the registration and business license. If it finds that the requirements have not been met satisfactorily, it shall deny the registration. (c) All findings of the council shall be final and conclusive upon the applicant. 6.39.080 Business license required. At the time of an initial application for an operator's permit, applicant shall also apply for and furnish the information necessary to obtain a business license as required by Chapter 6.04 of this I1 code. No business license shall be issued until the investigation under this chapter is completed. The business license shall then be issued upon payment of the business license fee as provided in Chapter 6.04 of this code. The business license fee shall be commensurate with the business license fee charged to other professionals as established by this code. 6.39.090 Exemptions from massage practitioner permit requirements. The massage practitioner registration required by this chapter shall not apply to the following (a) Physicians, surgeons, chiropractors, osteopaths, acupuncturists, nurses and physical therapists, and occupational therapists duly licensed to practice in the state of California, but only when engaged in the practice for which they are so licensed and in accordance with the terms of the licensing. (b) Employees of hospitals, nursing homes, sanitariums, or other health care facilities duly licensed by the state of California, but only when engaged in the scope of their employment, and only at their place of employment at the health care facility, and only within the scope of and in conformance with the state license. (c) Cosmetologists or barbers who are licensed by the state of California, but only when engaged in the practice for which they are so registered and in accordance with the terms of the registration. (d) Accredited elementary school, high school, or college coaches and trainers employed by a elementary, high school, or college, but only while acting within the scope of employment to the school. (e) Trainers of semi-professional or professional athletic teams, but only while acting within the scope of employment to the team. 6.39.100 Registration not entitlement to violate other laws. 12 The issuance of a certificate under this chapter shall not entitle the registrant to engage in any business or practice which for any reason is in violation of any law or ordinance and shall not entitle the holder thereof to carry on any business or practice unless he or she has complied with all the requirements under the other ordinances of the city and all other applicable laws, nor shall it entitle the registrant to carry on any business in any building or on any premises designated in such permit in the event that such business or premises are situated in a zone or locality in which the conduct of such business is a violation of any law. 6.39.110 Health and safety operating requirements. Where applicable state laws, as they may be amended from time to time, directly conflict with the following, the state provisions shall prevail. Otherwise, aAll massage establishments shall be subject to periodic inspection by the city for compliance with the following: (a) A massage establishment shall post a list of services, including prices, in readily understood language in an open, public place on the premises of the establishment. No owner, operator, responsible managing employee, manager, employee, contractor, or registrant shall permit nor offer any massage services on the premises other than those posted on the list. (b) All persons shall only provide massages between the hours of 7:00 a.m, and 9:00 p.m.. The hours stated here are the maximum permitted hours; actual hours may be further limited by applicable zoning or use permit restrictions. All massage activities must be completed within business hours. Patrons and visitors shall be permitted in the massage business only during hours of operation. The hours of operation shall be displayed in a conspicuous public place in the reception area and in any front window clearly visible from outside of the massage business. Massages commenced prior to 9:00 p.m must conclude at that hour, regardless of the duration of the massage. (c) No massage business shall place, publish, or distribute any advertising matter that depicts any portion of the human body that would reasonably suggest to prospective clients that any 13 service is available other than those services listed pursuant to this section. Nor shall any massage business employ language in the text of such advertising that would reasonably suggest to a prospective client that any service is available other than those services listed pursuant to this section. (d) All employees in a massage establishment and massage practitioners shall perform their work fully clothed, be clean and wear clean outer garments whose use is restricted to the establishment. -Massage practitioners shall wear CAMTC-provided identification while on the premises. Doors to dressing rooms, bathing rooms, and treatment rooms shall open inward, and shall not be locked. Draw drapes, curtain enclosures, or accordion -pleated closures are acceptable on all inner dressing and treatment rooms in lieu of doors. (e) All establishments shall be provided with clean, laundered sheets and towels in sufficient quantity and shall be laundered after each use thereof and stored in closed, sanitary cabinets. Heavy white paper may be substituted for sheets provided that such paper is used only once for each person and then discarded into a sanitary receptacle. Sanitary approved receptacles shall be provided for the storage of all soiled linens. (f) At least one entrance door allowing access to the establishment and any building it may be in,-, shall remain unlocked during business hours; notwithstanding this provision, the facility shall also comply with exiting and entrance requirements of other applicable laws and regulations. Where there is only one employee or a sole proprietor on site, entrance doors may be locked. All premises and facilities shall be maintained in a clean and sanitary condition, and shall be thoroughly cleaned each day of operation. The premises and facilities shall meet all code requirements of the city as to safety of the structure. (g) Minimum lighting shall be at least one sixty (60) watt light in each enclosure where massage services are performed. The light switch for the interior lights in such enclosure will be within the enclosure. There shall be no light in the enclosure that is operated from outside the 14 enclosure. There shall be no sound device (i.e., buzzer or bell) than can be operated from outside the massage enclosure. (h) Secure dressing and locker facilities shall be provided for patrons. Security deposit facilities for the protection of valuables of the patrons shall also be available. (i) No massage building located in a building or structure with exterior windows fronting a public street, highway, walkway, or parking area shall block visibility into the interior reception and waiting area through the use of curtains, closed blinds, tints, or any other material that obstructs, blurs, or darkens the view into the premises. Q) Each massage establishment shall keep a written record of the date and hour of each treatment; the name of the massage therapist administering the treatment; and the type of treatment administered recorded on a patron release form. Such written record shall be open to inspection only by officials charged with the enforcement of this chapter and for no other purpose. Such records will be kept on the premises of the massage establishment for a period of two (2) years from the date of service. (k) All establishments shall comply with the following minimum standards of conduct: (1) No employee, contractor, or massage practitioner shall make any intentional, occasional, or repetitive contact with the mouth, genitals, anus, or breasts of another person in the massage establishment or while providing massage services. (2) No person afflicted with an infection or parasitic infestation transmissible to a patron shall knowingly massage a patron, or remain on the premises of a certified massage business while so infected or infested. (3) All persons on the massage establishment premises must be clothed in non -transparent clothing at all times that shall not expose their genitals, pubic area, or buttocks, or for any operator of a massage business to allow prohibited dress. Massage clients currently receiving a massage shall have appropriate draping to cover female breasts and genital and pubic areas. 15 6.39.120 Display of signs and permits. No person registered pursuant to this chapter shall begin operations until a recognizable and legible sign has been posted at the main entrance to the business premises. All certificates of registration and shall be posted within the establishment in a location immediately available for inspection for representatives of the city. No person granted a registration pursuant to this chapter shall operate under any other name or at any other location than that specified in the certificate of registration. All signs must in compliance with applicable sign ordinances. 6.39.130 Inspection by officials. The investigating officials of the city, including the health officer, shall have the right to enter the premises from time to time during regular business hours for the purpose of making reasonable inspections to observe and enforce compliance with the provisions of this chapter and building, fire, electrical, plumbing or health regulations. 6.39.140 Revocation or suspension of permits. (a) Certificates of registration may be suspended or revoked or renewal may be denied upon any of the following grounds: (1) A practitioner is no longer in possession of current and valid CAMTC certification. This subsection shall apply to a sole proprietor or a person employed or used by a massage business to provide massage. (2) An owner or sole proprietor: is required to register under the provisions of California Penal Code Section 290 (sex offender registration); is convicted of California Penal Code Section 266i (pandering), 315 (keeping or residing in a house of ill -fame), 316 (keeping disorderly house), 318 (prevailing upon person to visit a place for prostitution), 647(b) (engaging in or soliciting prostitution), 653.22 (loitering with intent to commit prostitution), 653.23 (supervision of prostitute); has a business permit or license denied, revoked, restricted, or suspended by any iL agency, board, city, county, territory, or state; is subject to an injunction for nuisance pursuant to California Penal Code Sections 11225-11235 (red light abatement); is convicted of a felony offense involving the sale of a controlled substance; is convicted of any crime involving dishonesty, fraud, deceit, violence, or moral turpitude; or is convicted in any other state of an offense which, if committed in this state, would have been punishable as one or more referenced offenses in this subdivision. (3) The city determines that a material misrepresentation was included on the application for a certificate of registration or renewal. (4) Violations of any of the following occurred on the premises of a massage business or were committed by a practitioner: California Business and Professions Code Section 4600 et seq.; any local, state, or federal law; or the provisions of this chapter. (b) Prior to the suspension or revocation or refusal of renewal of any permit issued under this chapter, the registrant shall be entitled to a hearing before the city manager or the manager's designated representative, at which time evidence will be received for the purpose of determining whether or not the registration shall be suspended or revoked or renewal refused or whether the registration may be retained. In the event the registration is suspended or revoked or renewal refused, the notification of the reasons for such suspension or revocation shall be set forth in writing and sent to the registrant by means of first class mail. The manager may impose conditions or restrictions on the registration in lieu of suspension or revocation to attempt to eliminate violations or nuisances that have been found. (c) In the event of suspension or revocation of any registration, the registrant may appeal to the city council in the manner as provided in Section 6.39.070. 6.39.150 Sale or transfer of establishment. Upon sale, transfer or relocation of a massage establishment, the registration shall not be transferable without the written approval of the chief of police and the finance director. An 17 application for such a change shall be accompanied by a nonrefundable filing and investigation fee as established by resolution adopted by the city council from time to time and provide all of the information required in Section 6.39.040. 6.39.160 Notice of changes. All persons registered pursuant to this chapter shall report immediately to the city finance department and the police department all changes of residence or business address or change of ownership of the establishment or service. Failure to give such notice within fifteen (15) days of the event shall render the registration null and void. 6.39.170 Renewal of registration. A registration certificate issued under this section shall be valid for two (2) years from the date of issuance. Sixty (60) days prior to the expiration of a current registration certificate the certificate holder must submit a renewal request to the police department updating any information from the last submission If the police department is unable to make a determination on the renewal request within the remaining term of the certificate the certificate shall not expire while the police department is in the process of evaluating the request A massage days prier to the expifutien ef said City registFatien-'r' If an application for renewal of a City registration certificate and all required information is not timely received and the certificate expires, no right or privilege to provide massage shall exist. 6.39.180 Enforcement, Remedies Cumulative. The remedies provided for in this chapter are cumulative and are in addition to existing enforcement mechanisms, including those provided in Title 1 of this code and those available under applicable state and federal law. 18 DIVISION 2: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. DIVISION 3: This Ordinance shall be published in a newspaper of general circulation in accordance with California Government Code Section 36933, published, and circulated in the City of Burlingame, and shall be in full force and effect thirty (30) days after its final passage. TERRY NAGEL, Mayor 19 I, MARY ELLEN KEARNEY, City Clerk of the City of Burlingame, do hereby certify that the foregoing ordinance was introduced at a regular meeting of the City Council held on the day of held on the day of AYES: NOES: ABSENT: ATTEST: 2015 and adopted thereafter at a regular meeting of the City Council COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: 2015, by the following vote: MARY ELLEN KEARNEY, City Clerk 20 ro R; A v 0 i W- LJ o C L00) OO a Y 0O O L O ba O O t0 G m Y •Y Y O m O 0 Q N a, J '3 L m x — aJ Y N CL m U lut 3 v OC > t o a a ai ¢ v na in U m C O O_ 3 , m o O Y Lr- U O C U O E m iri O baai ai m Jm Fa u v a c E a w LL E O M O � Q E U m O_ to O O ba m c Y r c N m m a _ r } ba Y YC c a E 'Y c i m m 0• OU v a t Y a E ¢ na m a a, o C av a, a m a O — r H m CL .E E Y N Y > U L O Qj Y alN C 3 v a to c O V a W 0 O N h m O a o Y C ti ti c y O `a a Z chi O Ln 7 ci Y aJ VI VI v d 0 0 cl O O m N v c v v r U UQj io 0 1 O CL Y Y C ai CL .0 J V) n ai T Ln Q ¢ U W co V vii .N -i too N w w O O O 00 c -I m LL M lD O O O M m Ln 0 N J -0 J On C D LL N Y L ai O � v V m L a L O Y O _ V1 G C 'C in Q Q N aJ o O CLn L .� a1 = O cO QL \ G _ Q 0 _O cc e ai / O O O a o O L O N N O Lo u u Q L L o 0 O_ O + O C O O O H N Ln LJ o U L00) OO a Y 0O O L L O. ba O O t0 G m Y U al Y O = O 0 Q N a, Y c U '3 L m x — aJ Y N = 3 m U lut 3 v OC > t o a a ai ¢ v na in U m C O a C s 3 , m ai C n O Y Lr- U O C U O E (U iri O baai c c m Jm Fa u v a c E a w LL Y O M ai x � Q E U C O a O_ to O O m a C c Y r O w N m p Y N m ry m Q r } ba Y -°, c a E 'Y c a C a 0• OU v a t Y w N a v na U N a U w o C av v C a •3 — O H m CL .E o 0 3 > U L O Qj Y ar a C 3 v a to c LL E V U E E O,QJ O N h m O a Y C ti ti U O Z O Ln 7 ci v } O O N v r io 1 O CL Y C ai CL .0 J V) n ai T U t' _3 3 a C_ C_ c m LL m 0- 0 J -0 J On C D LL Y L O 110!510 V O_ LJ o U L00) OO a 0O O L L O. ba O Y U c 'C CL U al U m C L O Y O 0 Q a O. a1 CL al m Y m x — aJ Y E = 3 a E ' 3 v OC > 0 U o ba m C__ a a J in U m C O a C s C O m a c M c 3 Lr- U O C U O W a c tjo m -0 O c Y c c m Jm Fa u v a c E E a U w w c O ai x � Q ba Z Q Y Q£ d O O Z Z N v VI v r } (U v a) v r } O w a v a C 7 J LL w N Y K U N U U u o x F O a > _ O L O Qj O a u m C LL E V N LL C v Q v J Ln Ec a Y C Z Q Ln U 22 0 Ci 0 ON LL Z Q a a a a g 00 O Im VI o 00 VI 0 G VI 0 N VI o N VI J O Z n N n Q O D a O 00 Q 10 M Q 1 00 Q a rl O e\ A \ �o A o U D m .�-I .m -I Ol iD N w a � o IL a 07 2 = Q a a a a g _ O Im VI o 00 VI 0 G VI 0 N VI o N VI J O Z n N n Q O D a O 00 Q 10 M Q 1 00 Q a rl O pp L A A A A A m O o 0 r O O ti n ti m N W 01 Vl V} L1 0 o O O O o 0 o O O o a O N m O o0 N V m �q O O O N V M O w v1 V1 m M M vt ry O O O N h E -v o lD lD n N n M W V1 lD M tO l0 O pp L N N C v � o 07 2 � I� W O O I� N n 00 d' W h Q1 N N N N a a N ri L L N N N N O O O N C 2 = N O 0 01 o o 0 = v o 0 m o 0 v L ti E T T m C C C � v J - E vo toy O N N v > v c c a E ri o � 0 0 0 0 N N N E c o a o 0 0 0 o v o 0 0 O io ti n m ro v 0 a N N M N h O N L!1 O lf1 m N oV N W O N � W a o 0 0 0 0 0 0 o e o 0 v n a a N N m M �I1 I� O N N ri NO N V1 Z O � J 0 o O O O o 0 o O O o a O v rn rn m rn m m m rn m rn rn E am m m Ci m m rn m c m m rn Cl rn rn m rn rn m rn m rn 0 � 7 a Oi � 01 V 01 Qi Ol O1 � L ti N m v n rn ry a m a m hp V} VL iA U} i/} V1 N N rl N V .0 2 of vi � 4/f ut O N 0 0 0 0 0 00 0 0 0 0 0 0 aA 0 0 0 0 w 0 0 0 0 C C O C O O O O O O O O O O O 0 0 0 o 0 O 00 O N N L!1 � J VT Vf VT V} i/l Vl N m O o0 N V m �q O O O N V M O w v1 V1 m M M vt ry O O O N h E -v o lD lD n N n M W V1 lD M tO l0 O pp L C v � o 07 2 � I� W O1 l0 N I� N n 00 d' W h Q1 N N N N N ri v rn rn m rn m m m rn m rn rn E am m m Ci m m rn m c m m rn Cl rn rn m rn rn m rn m rn 0 � 7 a Oi � 01 V 01 Qi Ol O1 � L ti N m v n rn ry a m a m hp V} VL iA U} i/} V1 N N rl N V .0 2 of vi � 4/f ut O N 0 0 0 0 0 00 0 0 0 0 0 0 aA 0 0 0 0 w 0 0 0 0 C C O C O O O O O O O O O O O 0 0 0 o 0 O 00 O N N L!1 � J VT Vf VT V} i/l Vl C Q N u1 uJ Z V a Q LU N M C ? 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O i Q E w m LU s o Y 0J 0A 0J !n U U Ni E L O i O N oG Q o ii Z w 2 ol co LO �o STAFF REPORT BURL AGENDA NO: l Oa MEETING DATE: July 6, 2015 To: Honorable Mayor and City Council Date: July 6, 2015 From: William Meeker, Community Development Director— (650) 558-7255 Subject: Request for Proposals (RFP) for Affordable Housing on Parking Lots F and N — Additional Information for Council Consideration Submitted by the Two Finalists, The Pacific Companies and Mid -Peninsula Housing RECOMMENDATION The City Council is asked to review and consider the information contained within the staff report and the attached correspondence from the two affordable housing finalists, The Pacific Companies and Mid -Peninsula Housing, and provide further direction to staff regarding next steps. The City Council has expressed a keen interest in expanding the housing options available to individuals wishing to reside in Burlingame, including the provision of more affordable housing options, a category of housing that is minimally represented amongst the existing housing stock within the community. The extremely high property values and rental rates for housing within the Bay Area region and particularly on the San Francisco Peninsula have escalated dramatically in recent years, forcing many who have enjoyed the benefits of life in Burlingame to leave due to the ever-increasing costs of housing in the community. Given the City's ownership of a number of parking lots within Downtown Burlingame, the selection of one or more of these properties is a logical option for the City to consider as an affordable housing development site. Parking Lots F and N, located south of Howard Avenue between Highland Avenue and Park Road, were selected as the optimal location for such development given the properties' proximity to Downtown Burlingame and the services offered, as well as proximity to major transit options. In December 2014, a Request for Proposals (RFP) that sought developers interested in developing affordable housing on Parking Lots F & N was released to the public. Responses were due by January 31, 2015. A total of eight responses were received by the deadline. The City Council's Downtown Specific Plan Implementation Subcommittee, City Manager and Community Development Director vetted the eight responses, distilling them down to three development proposals that warranted consideration by the full City Council. On March 26, 2015, the City Council received presentations from the three finalists: The Pacific Companies, Mid - Peninsula Housing and Meta Housing Corporation. At the conclusion of this meeting, the finalists 1 RFP - Parking Lots F and N July 6, 2015 were instructed to revise their proposals consistent with City Council direction provided at that meeting. The three finalists provided revised presentations to the City Council at a special Council meeting held on June 9, 2015. At the conclusion of that session, the Council reduced the field down to two teams: The Pacific Companies and Mid -Peninsula Housing. The remaining teams were directed to refine their proposals further to address the following: • Fine tune the levels of affordability for the units to not only serve seniors wishing to down- size, but to also serve a greater cross-section of the community, particularly teachers, public -safety employees, City workers and other workforce positions present in the community. • Clearly address the public benefits to be derived from the each finalist's proposal. • With respect to the Mid -Peninsula Housing ;proposal, investigate a means of expanding upon the additional public parking that can be provided as part of the project. • Is it possible for persons with a low monthly income, but who possess assets (i.e. real estate, financial accounts, personal property, etc.) with monetary value to qualify for affordable housing? Ability to Set Local Preferences for Qualifying Incomes and Occupancy Affordable Units: Keeping in mind that successful project financing requires a combination of public and private sources, including the extensive use of Low -Income Housing Tax Credits (LIHTC) with their specific qualifying income restrictions (see attached overview of the LIHTC program), the City does have some options in terms of ensuring that local residents and/or workers in specific categories receive preference for occupancy of affordable units. Specific AMI ranges for affordable units may be established, with the City specifying that preferences be provided to those income -qualifying individuals that live or work in the community. In the event that a waiting list for affordable units exists, then income qualified local residents or workers could be provided first preference over others on the list. Administration of Affordable Units: Most large-scale affordable housing developers engage management companies to administer the occupancy of their affordable units and to ensure continued compliance with income restrictions for those units. For LIHTC- funded projects, the State's Housing Finance Authority (HFA) is tasked with monitoring the project's continued compliance with the applicable LIHTC tax credit criteria. In the event that the household income for the current occupant crosses the income threshold for a designated unit, the unit must be relinquished to another income -qualified individual or family. Qualifying for an Affordable Unit for Persons with a Low Income, but Who Possess Assets with Monetary Value (e.g. Real Estate, Financial Accounts, Personal Property, etc.): Staff consulted with both of the finalists regarding this matter; both indicated that the value of the asset, or cash F4 RFP— Parking Lots F and N July 6, 2015 in the bank, is not calculated as part of determining income eligibility, but any income generated from the asset or savings would be included. For example, if an individual sold his or her home and put the proceeds from the sale into an interest-bearing account, that interest income would be included in the income calculation. If the same individual kept his or her home and rented it out, then the rental income would be included. In either case, neither the value of the asset itself nor its cash equivalent in savings is considered when determining eligibility. Both The Pacific Companies and Mid -Peninsula Housing submitted additional materials to address the Council's direction from the June 9th session. The companies' submittals are attached to this report. The following table will refresh the Council's collective memory regarding' the proposals it favored at the conclusion of the March 26th meeting: 3 The Pacific Companies Mid -Peninsula Housing Numberrrype of TOTAL UNITS: 144 TOTAL UNITS: 132 Units 78 Workforce Units: 65 Moderate Income Workforce Units - nits• 9 Studio, Moderate Workforce *48, 1 -BR • 26, 2 -BR 40, 1 -BR, Moderate Workforce • 3, 3 -BR 16, 2 -BR, Moderate Workforce • 1, Manager's Unit 66 Affordable Senior Units: 66 Senior Units: • 6 Studio, Affordable Senior • 42, 1 -BR Affordable 54, 1 -BR, Affordable Senior • 6, 1 -BR, Market -Rate, Discounted 6, 2 -BR Affordable Senior Rent • 11,2 -BR Affordable • 6, 2 -BR, Market -Rate, Discounted Rent • 1 Manager's Unit Unit(s) Location All Units to be Built on Parking Lot F Moderate Workforce Units on Parking Lot F • Affordable Senior Units on Parking Lot N Affordability Workforce Units: Moderate Income Workforce Units: Level(s) 50%-60% of Area Median Income100%-150% (AMI)' of AMI for Moderate Workforce rce Senior Units: Affordable Senior Units: • Market -Rate and 50%-60% of AMI 60% AMI and below for Senior Affordable Net New 172 Spaces 54 spaces Parkingz Public Benefits) Additional Public Parking above Publicly accessible pocket park what is required for the new project Additional Public Parking above and to replace surface parking what is required for the new project • Potential for additional 103 spaces and to replace surface parking 3 RFP — Parking Lots F and N July 6, 2015 Annual Median Income (AMI) for San Mateo County is $101,900 for a family of four, roughly $ 82,100 for a single -person household 3 Excluding replacement of existing surface parking spaces and required spaces for new development. Modifications to Proposals: The Pacific Companies: Notable revisions to The Pacific Companies' proposal since the June 9t' Council session are as follows (please refer to the attached June 22, 2015 letter from the developer for more details): Convert 16 of the formerly 60% Area Median Income (AMI) units to eight units targeted to households with incomes between 80% to 100% AMI and eight units targeted to incomes from 100% to 150% AMI. • Finding that the lowest paid elementary school teachers in Burlingame qualify at incomes between 60% to 120% AMI, establish a priority preference for Burlingame teachers for all units, including retired teachers that are eligible for senior housing. To offset the loss of the Low -Income Housing Tax Credit financing for the higher income units, the 12 "discounted" senior units will be converted to closer to market rate units. If desired by the Council, the 12 units programmed for the panhandle area of Parking Lot F may be eliminated and replaced with additional project open space or some other form of community asset. As an alternative, these units could be retained and identified as either senior or workforce housing units targeted to 60% AMI. • The developer strongly discourages restricting affordable units only to seniors as its research indicates that the community's senior population is 15%, reduced further by households that would qualify at 60% AMI. The parking structure proposed for Parking Lot N can be designed in a manner that blends better with the neighborhood. Additionally, the developer strongly encourages adding the fifth level to the structure and eliminating any subterranean parking level to reduce the overall construction costs for the structure. 19 The Pacific Companies Mid -Peninsula Housing Project Cost $62,510,239 $61,449,732 Financing Tax -Exempt Bonds Moderate Workforce Units funding Strategy 4% Low Income Housing Tax Credit from Mid -Pen's equity fund, plus a (LIHTC) private equity investor. Residual land payment for Parking Lot F to be dedicated to Parking Lot N development as the local contribution • Affordable Senior Units use residual land value contribution from Parking Lot F with 9% LIHTC, plus Section 8 subsidy from San Mateo County Annual Median Income (AMI) for San Mateo County is $101,900 for a family of four, roughly $ 82,100 for a single -person household 3 Excluding replacement of existing surface parking spaces and required spaces for new development. Modifications to Proposals: The Pacific Companies: Notable revisions to The Pacific Companies' proposal since the June 9t' Council session are as follows (please refer to the attached June 22, 2015 letter from the developer for more details): Convert 16 of the formerly 60% Area Median Income (AMI) units to eight units targeted to households with incomes between 80% to 100% AMI and eight units targeted to incomes from 100% to 150% AMI. • Finding that the lowest paid elementary school teachers in Burlingame qualify at incomes between 60% to 120% AMI, establish a priority preference for Burlingame teachers for all units, including retired teachers that are eligible for senior housing. To offset the loss of the Low -Income Housing Tax Credit financing for the higher income units, the 12 "discounted" senior units will be converted to closer to market rate units. If desired by the Council, the 12 units programmed for the panhandle area of Parking Lot F may be eliminated and replaced with additional project open space or some other form of community asset. As an alternative, these units could be retained and identified as either senior or workforce housing units targeted to 60% AMI. • The developer strongly discourages restricting affordable units only to seniors as its research indicates that the community's senior population is 15%, reduced further by households that would qualify at 60% AMI. The parking structure proposed for Parking Lot N can be designed in a manner that blends better with the neighborhood. Additionally, the developer strongly encourages adding the fifth level to the structure and eliminating any subterranean parking level to reduce the overall construction costs for the structure. 19 RFP - Parking Lots F and N July 6, 2015 Mid -Peninsula Housing; The following is a summary of the most significant modifications to Mid -Peninsula's proposal considered on June 9`h. Please note that at that time, the Council expressed a preference for the company's moderate workforce/affordable senior scenario; therefore, that option is the base for the modified proposal. Additionally, the company has put forth a new alternative for Council consideration that is outlined in its June 23d letter (attached). Refinements to the Original Workforce/Affordable Senior Proposal: • An additional level of public parking is provided on Parking Lot N, resulting in a total of 100 additional stalls of public parking. • The "false front" provided on the street -facing portions of the residential structure on Parking Lot F has been eliminated. Now street -facing residential units are to be provided to add to the pedestrian character of the street. • Ten units of senior housing targeted to household incomes of 120% AMI are added for seniors who earn too much to qualify for "affordable" units, but still need assistance in order to remain in Burlingame. • Preferences could be established to serve the needs of teachers, nurses, City workers, and other professionals within the Burlingame community. New Alternative: • All public parking provided on Parking Lot F (both replacement and new spaces), with a resultant increase in public parking spaces of 194 over the current supply on the two parking lots. Only 150 of the spaces may underwritten for project financing given the affordability levels targeted in this scenario. This would require further discussions with the City to determine a means of financing the remaining 44 spaces. • Forty units (12 studios, 25 one -bedrooms and three two -bedrooms) of workforce housing targeted to household incomes between 110% and 150% AMI provided on Parking Lot F. • Seventy-eight units (17 studios, 49 one -bedrooms and 12 two -bedrooms) of affordable senior housing targeted to household incomes of 60% AMI and lower provided on Parking Lot N. • Total project cost is estimated to be $70,081,195. Financing to be provided using public and private sources, including debt, equity, 9% LIHTC, County funding, and Project -Based Section 8. FISCAL IMPACT None. RFP — Parking Lois F and N Exhibits: The Pacific Companies — June 22, 2015 Correspondence Mid -Peninsula Housing —June 23, 2015 Correspondence Low -Income Housing Tax Credits (LIHTC) Overview July 6, 2015 June 22, 2015 Mr. William Meeker Community Development Director City of Burlingame 501 Primrose Road Burlingame, CA 94010 Re: Potential Amendments to May 8 Proposal The Village at Burlingame Dear Mr. Meeker, Thank you for the opportunity to submit the following potential amendments to our May 8 proposal as presented to the City Council on June 9. We understood from the meeting that we were to offer areas within our most recent proposal that were flexible relative to the various concerns expressed by the Councilmembers. We also understood that any project design elements would be left to the typical public planning process, and as such, we are not addressing those items here. We have organized this response as follows for your convenience: 1) Re -state our proposal as presented to the City Council on June 9, 2015 2) Specify the Councilmember concerns applicable to our proposal; and 3) Offer amendments that we are willing to accept that we consider financially and functionally feasible while attempting to address the Councilmember concerns and further specifying any cascading consequences from the amendment There were of course some individual Councilmember concerns that we simply can't address because of their wholesale impact on the project and our base proposal. If we have not provided an amendment here, it simply means that we are unable to mitigate the concern in any meaningful way. Finally, with these potential amendments, we are committed to remaining true to these original RFP objectives as specified by the City of Burlingame: • Optimize use and value of city -owned parking lots • Expand affordable housing options • Replace lost public parking • Provide or fund construction of new public parking • Create high-density close to Burlingame Avenue We trust that you will find that this amended proposal does not depart from these goals. THE �g PACIFIC ® COMPANIES June 22, 2015 Mr. William Meeker Community Development Director City of Burlingame 501 Primrose Road Burlingame, CA 94010 Re: Potential Amendments to May 8 Proposal The Village at Burlingame Dear Mr. Meeker, Thank you for the opportunity to submit the following potential amendments to our May 8 proposal as presented to the City Council on June 9. We understood from the meeting that we were to offer areas within our most recent proposal that were flexible relative to the various concerns expressed by the Councilmembers. We also understood that any project design elements would be left to the typical public planning process, and as such, we are not addressing those items here. We have organized this response as follows for your convenience: 1) Re -state our proposal as presented to the City Council on June 9, 2015 2) Specify the Councilmember concerns applicable to our proposal; and 3) Offer amendments that we are willing to accept that we consider financially and functionally feasible while attempting to address the Councilmember concerns and further specifying any cascading consequences from the amendment There were of course some individual Councilmember concerns that we simply can't address because of their wholesale impact on the project and our base proposal. If we have not provided an amendment here, it simply means that we are unable to mitigate the concern in any meaningful way. Finally, with these potential amendments, we are committed to remaining true to these original RFP objectives as specified by the City of Burlingame: • Optimize use and value of city -owned parking lots • Expand affordable housing options • Replace lost public parking • Provide or fund construction of new public parking • Create high-density close to Burlingame Avenue We trust that you will find that this amended proposal does not depart from these goals. Residential Development Program — Lot F 1) Proposal as of June 9: • A total of 144 units on Lot F, consisting of: o For the Burlingame workforce (78 total units): • 48 affordable 1 -bedroom units • 26 affordable 2 -bedroom units • 3 affordable 3 -bedroom units ■ 1 manager's 2 -bedroom unit o For Burlingame senior citizens (66 total units): • 42 affordable 1 -bedroom units ■ 6 market rate 1 -bedroom units at discounted rents • 11 affordable 2 -bedroom units 6 market rate 2 -bedroom units at discounted rents 1 manager's 2 -bedroom unit • A below -grade parking garage consisting of 170 conveniently located spaces that fully meets the City of Burlingame's parking codes as follows: 0 48 one -bedroom units at 1 space per unit — 48 spaces 0 48 one -bedroom senior units at 1 space per unit -48 spaces 0 26 two-bedroom units at 1.5 spaces per unit — 39 spaces 0 17 two-bedroom senior units at 1.5 spaces per unit —26 spaces 0 3 three-bedroom units at 2 spaces per unit — 6 spaces 0 2 two-bedroom manager's units at 1.5 spaces per unit -3 spaces 2) Councilmember Concerns: a. Serve a broader cross-section of the Burlingame workforce, particularly those with incomes from 100% to 150% of the area median income b. Preference housing for Burlingame teachers c. Possibly eliminate density on the panhandle portion of Lot F and leave it for open space d. Specify whether or not it mattered to have the affordable units be exclusively for seniors 3) Acceptable Amendments to Proposal: a. We can amend our proposal to convert 16 of the 60% AM] workforce housing units to 8 units targeted from 80% to 100% AMI and 8 units targeted from 100% to 150% AM], however, we would prefer to address the need for higher -income workforce housing units in a future project where we weren't trying to deliver as many additional public parking spaces. b. Based upon our research, we find that the lowest paid elementary teachers in Burlingame do qualify at 60% AMI; however, many teachers, including high school teachers, earn incomes between 60% AMI and 120% AMI. Regardless, we can establish a priority preference for Burlingame teachers for all of our units, including retired teachers who are eligible for senior housing. To help us pay for the loss of tax credit financing on these higher -targeted units, we are proposing to forego the discount on the 12 senior market units and adjust the rents to something closer to market rates. c. We can amend our proposal by eliminating the 12 units we had programmed for the panhandle on Lot F, although we would prefer not to do this. The eliminated units could be either senior or workforce units targeted at 60% AM]. That portion of Lot F could become project open space or some other type of community asset. d. While it does not have a major financial impact if we restrict all of the affordable tax credit units to seniors or workforce households, we strongly recommend against a project that is entirely restricted to seniors. The market demographics for Burlingame reveal that the senior population is approximately 15%. This is of course reduced further when you consider only those seniors who can income qualify at 60% AMI or below. While there is absolutely no doubt a senior project of any size in Burlingame would lease up and maintain a substantial waiting list, the statistical evidence suggests that the project would also likely serve seniors from elsewhere on the peninsula. Public Parkin¢ Program — Lot N 1) Proposal as of June 9: Consistent with our original proposal, we have programmed and budgeted for a 4 -level, free- standing parking garage on the entirety of Lot N which will include 371 public parking spaces as follows: • Full replacement of the existing 199 public parking spaces • The addition of 172 public parking spaces This public parking garage will be provided at no additional cost to the City and is fully budgeted in the development's financing structure without reliance on revenue from the parking garage, additional taxes or proceeds from an infrastructure financing district. Furthermore, the City will not be required to provide another land asset for construction of replacement parking. Opportunity for more public parking: In the event the City is willing to use the revenue from the new parking garage, a 5th level could be added that would generate an additional 103 public parking spaces, bringing the total new public parking count to 275 spaces. 2) Councilmember Concerns (these were limited to only 1 Councilmember)• a. No large parking structure; place parking below grade 3) Acceptable Amendments to Proposal: We can design the parking structure to be a very appealing building and will budget our construction costs accordingly. We can even theme the building in such a way so that it blends into the neighborhood while signing it so that the public will readily identify it as public parking. We also strongly recommend that the City accept the option to add a 5th level to the garage as this will be the most cost-effective parking the City will ever be able to produce given the efficiency that comes with the other 4 levels. It will also likely drop our overall per space cost, thereby allowing us to do further enhancement to the exterior elevations. We are however unable to place public parking below grade and deliver the same number of spaces. For example, the cost to build an above -grade parking space is approximately $28,000 per space. When you drop that space below grade, the cost almost doubles to $55,000 per space due to the excavation requirements, shoring and de -watering. We are already programmed to do an expensive below -grade parking garage on Lot F and simply can't deliver the amount of public parking with a below - grade scheme on Lot N. We also feel that this particular site and surrounding uses is well-suited for a larger garage structure, especially given the height limitation in this area of 55 feet and the industrial uses on the east side of the property. Additionally, the close proximity to the Caltrain station makes this site ideal for a more intensive public parking use. Finally, garage structures are the most efficient way to affordably maximize the amount of public parking in the City. Core Elements of Our Amended Proposal Below we emphasize many of the valuable elements of our proposal along with the new public benefits of our proposed amendments: • Affordable Housing for the Burlingame Workforce: Our proposal will deliver 78 affordable workforce housing units, including: o 62 units targeted to households earning up to 60% AMI 0 8 units targeted to households earning from 80% to 100% AMI 0 8 units targeted to households earning from 100% to 150% AMI Affordable and Market Rate Housing for Burlingame Seniors• Our proposal will deliver 66 affordable and market rate housing units for seniors, including 0 54 units targeted to seniors earning up to 60% AMI 0 12 units targeted to seniors at market rates with no income restrictions and no asset testing Additional Public Parking at No Cost to the City: Our proposal will replace the 199 public parking spaces on Lots F and N with a new parking garage that will contain 371 spaces, yielding an additional 172 public parking spaces with an opportunity to produce up to 275 new public spaces, yielding a value of over $7.5 million in new public parking. Our proposal includes the design and construction costs to assure that an attractive building is produced that both complements and improves the appeal of the immediate neighborhood. • Preference Plan: Since the June 9 meeting, we have performed extensive research on the matter of establishing preferences for the affordable housing units we will be delivering. It is clear that implementing preferences is a perfectly legitimate way to allocate housing units when demand exceeds supply. Rather than specify those preferences now, we recommend that you allow us to engage with community leaders and business representatives to make an assessment about the amount and type of housing needed for their respective workforces. We are already clear about the importance of housing for teachers, but further research is required to fully assess the most important needs within the City. Ultimately, however, if the demand for housing is indeed there, and we believe it is, it is quite possible that 100% of the units in the proposed project will end up serving people who currently work in the City of Burlingame. • Minimizing Other Public Impacts: We have structured our project with unit sizes that will tend to serve smaller household sizes, so the impact to public services will be reduced relative to typical affordable housing developments. • Bonding: We can post full payment and performance bonds for the entire project, including the public parking garage. • Consistency with Downtown Specific Plan and Parking Requirements: We are proposing a project that requires no significant entitlements and is consistent with the Burlingame Downtown Specific Plan and related residential parking requirements. • Our Innovative Financing Strategy is Tested and Proven: Our development team has executed dozens of tax-exempt bond and 4% tax credit projects, including several using the specific financing structure we are proposing for this project. Each of those financing transactions involved numerous bankers, attorneys, accountants and consultants, all of whom would be pleased to provide references upon request. • No Reliance on "Soft" Public Subsidies: Our financing structure does not rely on any other soft financing or competitive public subsidies, thereby reducing the risk of the project not moving forward or being delayed while at the same time vastly accelerating the City's vision to provide housing opportunities in the downtown area. No Reliance on 9% Tax Credits: We are proposing a financing plan that will utilize the heavily-undersubscribed tax-exempt bond and 4% tax credit programs which eliminates the exercise of having to compete twice a year for the scarce and competitive 9% tax credits. No New Taxes. Fees or Infrastructure Financing District• The construction of the public parking garage will not require new fees, taxes or the formation of an infrastructure financing district. • No Co -Mingling of Residential and Public Parking• By creating a stand-alone parking structure on its own lot, we are able to provide a clear separation of residential and public parking, which produces the following public benefits: o More "user-friendly" public parking that eliminates confusion about where to park o Public parking that is visible and can be easily located and used o No need for cross -easements or a condominium map to separate ownership o Eliminates pro -rating shared maintenance costs o Avoids the potential inherent conflicts with assigning responsibility for damages and normal wear -and -tear o Provides long-term control to the City while preserving a public asset o Eliminates problems associated with residential accidents or litigation affecting the City, and vice versa Ownership of Land and Parking Garage: We propose that the City retain ownership of Lot N and accept dedication of the public parking garage once complete, much like a city handles the construction by a private party of improvements in the city's public right-of- way. The land ownership of Lot F will depend on a couple factors to be resolved in the near future, but our preference is to structure an agreement whereby the City either dedicates / leases Lot F to The Pacific Companies at no cost in exchange for us building and paying for the public parking garage on Lot N. Thank you for your continued interest in working with us. We look forward to the opportunity to deliver something very special to your community. Sincerely, Caleb Roope President/ C.E.O. IMidPen H O U S I N G Lluilding Communities. Changing Lives. MEMO To: City of Burlingame, Attn: William Meeker From: MidPen Housing Subject: Final Updates to Development Proposal for Lots F & N Date: June 23, 2015 This memo shall serve as MidPen's updated development proposal for Parking Lots F & N. The updates provided are based on comments and feedback received at the City Council hearing on June 9, 2015, and incorporates previous feedback. In order to ensure clarity, we are providing here only information needed to communicate the substance of the revisions to our earlier submissions, including revised unit counts, site design, and financial summaries. All other information, including MidPen's qualifications, experience, portfolio of work, and organizational references, remains consistent with our previous submissions. Please also see attached Letter of Support from the San Mateo County Department of Housing. Summary of Proposal Updates As requested, we are presenting a refinement of our "Alternative 2" presented at the June 9th meeting (Refined Alternative 2). Based on feedback from that meeting, however, we have prepared another alternative that is designed to aggregate the new public parking in a stand- alone public parking garage (New Alternative 3). Both of these refined proposals include the following key components: • Affordable housing that targets Burlingame's specific housing needs, including: o Workforce housing for moderate income households, such as teachers and city workers; o Affordable senior housing for low-income seniors; and, o Moderate income housing for seniors who are "over -income" and don't qualify for affordable housing but still struggle to remain in a home in Burlingame. • Active street frontages that ensure a pedestrian scale and visual interest; • At minimum 100 net new parking stalls, with a potential to provide up to 194 net new parking stalls; • Commitment to providing clear signage and way -finding to allow ease of access to new public parking facilities. MidPen Housing Corporation MidPen Property Management Corporation 303 Vintage Park Drive, Suite 250 t. 650.356.2900 e. info®midpemhousing.org MidPen Resident Services Corporation Foster City, CA 94404 f. 650.357,9766 www.midpen-housing.org Additionally, the following development components remain consistent with our previous submissions: • All parking, both residential and public parking, is accommodated exclusively on Lots F and N • Residential parking ratios meet the parking requirements under the Downtown Specific Plan • A publically-accessible pocket park is provided as a community amenity • Traditional architectural forms are used to reflect Burlingame's distinct architectural character, and building forms are articulated to ensure neighborhood compatibility • The City's contribution is limited to the provision of land only. No additional contribution is needed from the City in order to achieve financial feasibility. REFINED "ALTERNATIVE 2" In our original RFP submission, we included what we called a "Baseline" proposal that maximized affordable senior and workforce housing opportunities on both Lots F and N, while preserving existing public parking with a modest increase in public parking capacity. That option was updated as Alternative 2 in our revised submission of 5/8/15, and was presented to Council on June 9. Following comments at the Council hearing, we are providing here further refinements to this scheme, now labeled Refined Alternative 2, in order to address the comments and suggestions from City Council and the public. Key updates include: 1. Provision of an additional level of parking on Lot N in order to achieve a net addition of 100 stalls of NEW public parking, and 2. Reconfiguration of Lot F to provide street -facing units on Lot F, ensuring a vibrant pedestrian scaled street frontage, and avoiding a "false front" at the parking level. It's important to note that we continue to serve the same workforce and senior populations. 'Workforce" under this scenario is defined as households earning between 100%-150% of area median income. Examples of working individuals and families in this income range include a: • Teacher in the Burlingame School District earning $77,000/year (100% AMI) • Registered nurse with one child earning $87,000/year (100% AMI) • Professional couple each working for the City of Burlingame as an Accounting Assistant and Planner, with a combined income of $127,212 (150% AM[) Senior Housing is reserved for individuals and couples 62 years and older, earning less than 60% AMI. Additionally, we are adding 10 units of housing restricted to 120% AMI for eligible seniors who earn "too much" to qualify for affordable housing but still have need for assistance in order to be able to remain in Burlingame. Program Summary Refined Alternative 2 Lot F — Workforce Housing Unit Count/Unit Mix Unit Count/Unit Mix 73 units (12 studios, 48 one -bedrooms, 13 two - bedrooms -Affordability Levels 100%-150% AMI Construction Type 3 stories of wood frame construction over three levels of concrete parking podium 5 levels above rade Residential Parking Stalls/Ratio 80 stalls/1.08:1 parking ratio (conforms to DSP) Public Parking Re lacement 105 stalls/100% of existing Net New Parking 30 stalls Total Public Parking 135 stalls Lot N — Affordable Senior Housin Unit Count/Unit Mix 66 units (18 studios, 42 one -bedrooms, 6 two - bedrooms Affordability Levels 55 units at 60% AMI and below; 10 units at 120% AMI and below; one manager's unit Construction Type 3 stories of wood frame construction over three levels of concrete parking podium (5 levels above rade Residential Parking Stalls/Ratio 69 stalls/1.05:1 parking ratio (conforms to DSP) Public Parking Replacement 99 spaces/100% of existing Net New Parking 70 stalls Total Public Parking 169 stalls Totals Total number of residential units 139 units Total residential parking 149 stalls Total replacement parking 199 stalls/100% of existing Total net new parking 100 stalls Total Public Parking 299 stalls -Community Amenity Pocket park located on Lot F Finance Summary Lot F's development will access traditional construction and permanent financing, as well as take advantage of MidPen's own equity fund, paired with a private equity investor. We anticipate that Lot F will generate a residual land payment of $2.5 million. That payment will be provided to the City to then be dedicated to Lot N as a local contribution/public subsidy source to support the development of affordable senior housing. Lot N's financing plan is based on the ability to leverage both the value of the land and the cross -subsidy, to compete for 9% tax credits. In addition to the workforce cross -subsidy, land value, and tax credits, we anticipate accessing County of San Mateo housing funds, which could include local Affordable Housing Funds (AHF), or federally -sourced Community Development Block Grants (CDBG) and/or HOME funding. Attached to this memo is a Letter of Support from William Lowell, Executive Director of the San Mateo County Housing Department and Housing Authority. In this letter, Mr. Lowell outlines the availability of funding from the County for affordable housing in Burlingame and expresses strong interest in financing such a project proposed by MidPen Housing, given our long standing and successful track record with the County. Finally, it bears repeating that although the 9% tax credit program is competitive, MidPen has an outstanding track record in securing allocations. In 9 of the last 10 funding cycles for the South and West Bay region, MidPen secured an allocation on our first application. MidPen has structured our financing strategy to ensure our project will be competitive. The 9% tax credit program essentially requires that all projects receive a perfect score. The actual allocation, then, comes down to a tie breaker calculation which measures public funding as a percentage of total development cost and credit efficiency. In the last several rounds, tie breakers have ranged from 41% to 60%. MidPen has structured this project to achieve a 54% tie breaker which we believe will be competitive in upcoming allocation rounds based on our knowledge of the current pipeline of projects in the region. 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LL :.. V v a v Z` m y '� ¢ `O N U U a m ][ O+ C '-O-a m m m m 'e a d 0 n N E d m rc a m �. �,_ n `m `m m m H civ Z o X v > E 3 y U d c m u a W E¢ c U a c W z ° EE _ m E, uae X 10- Q O`O_m0voo G ~ 0 9 Y o a a m S of y y E m O o y mz p d �IUa° ma mo'3� @ W'3a5U N s,e Eaw, N �m �¢ w`LLSci�nm.am Site Design Our site planning approach remains consistent with our earlier proposal, with the following exceptions: 1. We have reconfigured parking on Lot F to allow for additional street facing units along Park Road. These units both help to boost cash flow, as well as provide a pedestrian - scaled and active street frontage. 2. We have added an additional level of public parking on Lot N, in order to create a combined total of 100 net new Parking spaces across the two lots. Please see following Site Plan and Site Section for our Refined Alternative 2. Please also note that while we are not providing updated architectural renderings at part of this final submission, the architectural character of both our proposals presented here will be consistent with our earlier representations, and express the same design concepts. For the Burlingame sites we intend to create an architecture that "fits in;" one that extends the patterns of use, scale, and form of the downtown district, and which embodies the architectural values and distinct historical character of the City. q N a W Q Z LU J Q � o W Zo W =E FX a U NEW ALTERNATIVE 3 In order to provide a design alternative that provides a clear separation between public parking and residential parking, we present here a new alternative that aggregates all public parking on Lot F (both replacement and new), while again providing senior affordable housing on Lot N. Additionally, and in order both to provide additional housing resources, as well as to "mask" the Lot F parking garage and improve its urban design, we have included 40 units of moderate income housing on Lot F. Lot F's moderate income units would be for both working singles and couples, as well as for seniors who earn too much to qualify for affordable housing, but not enough to afford a market rate apartment in Burlingame. By aggregating the public parking on Lot F, and using an innovative split-level parking garage design, this alternative has the capacity to provide 194 net new public parking stalls. Please note that given the affordability levels we are targeting under this scenario, we are able to underwrite only 150 net new public parking stalls of the 194 total site capacity. If selected we would be eager to discuss with the City option for maximizing parking capacity either by increasing rents (reducing affordability) or identifying alternative funding sources to off -set the additional parking costs. Program Summary Lot F —Workforce Housing Unit Count/Unit Mix Unit Count/Unit Mix 40 units (12 studios, 25 one -bedrooms, 3 two - 60% AMI and below bedrooms -Affordability Levels 110°/x-150%AMI Construction Type Type V wood frame wrap of concrete parking Accommodated on Lot F structure Residential Parking 42 stalls/1.05:1 parking ratio (conforms to DSP) Stalls/Ratio Public Parking 199 stalls/100% of existing on both lots -Replacement Net New Parking 194 stalls capacity/150 stalls financed under this alternative Total Public Parking 393 stalls capacity/349 stalls financed under this alternative Lot N — Affordable Senior Housin Unit Count/Unit Mix 78 units (17 studios, 49 one -bedrooms, 12 two - bedrooms -Affordability Levels 60% AMI and below Construction Type 3 stories of wood frame construction over one level of concrete parking podium at grade Residential Parking Stalls/Ratio 84 stalls/1.08:1 parking ratio Public Parking Accommodated on Lot F Totals Total number of residential units 118 units Total residential parking 126 stalls Total replacement parking 199 stalls/100% of existing Total net new parking 194 stalls capacity/150 stalls financed under this alternative Total Public Parking 393 stalls capacity/349 stalls financed under this alternative Community Amenity Pocket park located on Lot F Finance Summary This alternative will be financed as a single project, using a full array of public and private sources, including debt, equity, 9% tax credits, County funding, and Project -based Section 8. Tax credit equity will be based on the proportionate share of the project dedicated to seniors earning 60% AMI or below. Debt assumptions are based on the rental income generated by the workforce and senior affordable units, as well as the incremental rents provided through Project - based Rental Assistance. Additional equity or subordinate debt is provided through MidPen's own equity fund, paired with a private investor. As mentioned previously, in preparing our response, we consulted with the County Housing Department to assess their interest in supporting our proposed project. As you can see from the attached Letter of Support, the County not only has funding that they can make available to such a project, but provides a strong endorsement of MidPen's track record in securing such funding for previous projects. In addition, our financial analysis assumes that 50% of the senior units under this alternative will be financed using the County's Project Based Rental Assistance program. This rental assistance is the critical financing source that will enable us to serve extremely low income seniors living on a fixed income who could otherwise not afford to live in Burlingame. More than 25% of MidPen's portfolio has been financed using this program, under which MidPen retains responsibility for screening all potential tenants and managing the property once completed. The Project Based Rental Assistance program works this way: This program is administered by the San Mateo County Housing Authority and allocated to a specific project. Under this project specific contract, the property owner is provided with a "fair market rent' for the unit while the resident pays only 30% of their income toward rent. The difference between the fair market rent and the affordable rent that would otherwise be charged allows us to leverage additional debt to help finance the project, including the new public parking. LL 0 § § � §\\ sE/§§ ® : \ ■ ! �z 0 -CR K « §e§5'!J!B!!! ; - |/\$ ,.,, C\2 �e! Ld §k\\\\\§ ,\ ] 2 \;\ _- )\)) \//j iw !)}\)] |/\$ C\2 �e! Ld ,\ ] 2 Site Design As mentioned above, in this New Alternative 3,we aggregate public parking on Lot F, maximizing parking yield through an innovative split level parking garage. Thus parking on Lot N is limited to that required for the residential component only, which can be accommodated on a single level at grade. Under this scenario we are able to create the capacity to provide 194 net new public parking, but are underwriting 150 net new public spaces under this proposed alternative in order to achieve greater levels of affordability. C I � 3AV NOIHOl Now, �S T',4 3AV ONVIH)IH ID W Q YY� Z N N W U U Z Z Q N d =E Y N ¢o Q YJ Nd a ZO On u ?y ry J Y Q K jv� N�3dOm d= j a C U 'm z u F d K 6 6 -o0y Q rvd mQ �d O v2.. ain ro� Z�rvrovui d .v nom. mG z �� r. L1YL ` - C I � 3AV NOIHOl Now, �S T',4 LU Z� Z ca LL U) w H V) w Q Z NJ 1.1. F Y m x Q Z � U N d N c 3 E ¢o Q YJ Nd a ZO ud�00 ?y iZp yN jv� N�3dOm d= j a C U d U F d K 6 6 -o0y Q rvd mQ �d O v2.. ain ro� Z�rvrovui LU Z� Z ca LL U) w H V) w Q Z NJ 1.1. Conclusion We believe the above described development alternatives achieve the key goals for Lots F & N as outlined in the Request for Proposal, and as articulated by the City Council and participating community stakeholders during the recent public hearings. Both our development alternatives: • Provide significant new affordable housing resources to the City of Burlingame • Create a range of housing alternatives to address diverse housing needs, focusing on smaller working households and seniors • Provide at minimum 100 net new public parking stalls • Create a new community amenity in the form of a publically-accessible pocket park • Employ an architectural language that reflects Burlingame's unique character and a scale and articulation that ensures neighborhood compatibility • Are financially feasible and can be implemented in the near term • Rely solely on the donation of land as the local subsidy • Reflect MidPen's development expertise and reputation for high quality design, management, and services. Throughout this process, MidPen has endeavored to provide the City with options to consider, as we do again in this final set of updates. The purpose of presenting multiple options is twofold: First, it allows decision -makers and stakeholders to evaluate the pros and cons of different development approaches, as there is never just one option for developing a site. However, while each site presents multiple opportunities, there are always a concurrent set of design and financial constraints, and thus always trade-offs to consider. We believe that by presenting multiple alternatives, we not only help to spur creative thinking, but we help to reveal what those trade-offs are, in order to engage the public in a dialogue about what really matters - and in so doing help clarify the development priorities - for this community. In this regard, MidPen would welcome the opportunity to partner with the City of Burlingame to engage the community in just such a dialogue. We have experience doing this successfully in a variety of communities up and down the Peninsula from Sunnyvale to Foster City to San Mateo and would relish the opportunity to put our expertise to work for the City of Burlingame. Second, the presentation of multiple development scenarios is intended to reinforce the iterative nature of the development process. When a city issues an RFP to pursue important local policy initiatives (i.e. affordable housing, public parking, open space, etc.), it is choosing not only a project proposal, but also a development partner, who must listen to community concerns, adjust to changing economic conditions, address issues of neighborhood context and compatibility as they arise through the community outreach process, and iterate new design and development solutions that meet the community's needs. We at MidPen have very much appreciated the opportunity to present these and previous development scenarios, and to be challenged to improve upon each one presented. Should we be selected as the developer of Lots F and N, we would look forward to continuing to engage in conversation with the City, with neighbors, local merchants and community stakeholders, to further refine and improve upon the development options presented here, and to arrive at an extraordinary project that provides deep public benefits to the citizens of Burlingame. Lindenthal President of Real Estate Development DO Hs DEPARTMENT OF HOUSI NG COUNTY OF SAN MATrO June 19, 2015 Main Office - Departmentof Housing 264 Harbor Blvd, Building A Belmont, CA 94002-017 Housing Community Development Tel: (650) 802-5050 Housing Authority of the Countyof San Mateo Tel: (650) 802-3300 William Meeker, Director Community Development Department 501 Primrose Road — 2"d Floor Burlingame, CA 94010 Dear Mr. Meeker: Board of supervisors: Dave Pine Carole Groom Don Horsley Warren Slocum Adrienne J. Tissier Director: William Lowell As the Director of the Department of Housing for the County of San Mateo, I am writing to express this agency's commitment to supporting the development of affordable housing in north San Mateo County, including the City of Burlingame, and to commend MidPen Housing's exemplary track record as a developer and owner of high quality affordable housing. The Department of Housing of San Mateo County serves as a catalyst for increasing access to affordable housing. One of the ways we accomplish this is through the allocation of subsidies for meritorious projects that provide permanent affordable housing. These resources include both local funds, such as the County's Affordable Housing Fund (AHF), as well federal resources, such as CDBG and HOME funding, and Project -Based Section 8 vouchers through the County's Housing Authority. The County is currently processing awards for both HOME/CDBG, as well as AHF funding, and we anticipate having future funding rounds in FY 2015-16, the timing of which should permit the proposed affordable housing projects in Burlingame to move forward expeditiously. In addition, we are prepared to commit Project -based Section 8 vouchers to eligible projects in Burlingame. These vouchers serve a critical role in increasing a project's competitiveness for 9% low-income housing tax credits, as well as increasing financial feasibility by improving cash flow and the ability to leverage debt. They also enable projects to target units to extremely low-income households, who under this program, pay 30% of their monthly income for rent. As the leading affordable housing provider in the County of San Mateo, MidPen Housing has been particularly successful in accessing County funding, and bringing projects to fruition. Over the last 4 years, MidPen has received funding from the County on 9 projects, totaling nearly 700 units for low-income households. We look forward to partnering with them on many more projects in the future. Finally, I would like to applaud the City of Burlingame's interest in supporting the development of affordable housing through the dedication of City -owned surface parking lots. Such "in-kind" uepartment or mousing website: www.smchousing.org 9 E-mail: housing@smchousing.org investments are a creative solution to address the profound need for affordable housing that we see throughout the Bay Area, but which is particularly acute in San Mateo County. The San Mateo County Department of Housing looks forward to collaborating with the City of Burlingame, and with MidPen Housing should they be the selected developer, to make these important projects a reality. Sincerely, P William Lowell / Director Low Income Housing Tax Credit Program By Ed Gramlich, Director of Regulatory Affairs, National Low Income Housing Coalition Administering Agency: Internal Revenue Service (IRS) of the Department of the Treasury Year program started: 1986 Number of households served: 53,048 in 2011, the latest data available Population targeted: Households with incomes either below 80% of area median income (AMI) or 50% AMI FY13 funding: Joint Committee on Taxation estimates $5.9 billion for 2013; 2014 estimates not available at press time See also: Qualified Allocation Plan The Low Income Housing Tax Credit program (LIHTC) finances the construction, rehabilitation, and preservation of housing affordable to lower income households. The LIHTC program encourages private investment by providing a tax credit: a dollar -for -dollar reduction in federal taxes owed on other income. Although housing tax credits are federal, each state has an independent agency that decides how to allocate the state's share of federal housing tax credits within a framework formed by the Internal Revenue Code. HISTORY LIHTC was created by the Tax Reform Act of 1986 and is codified at Section 42 of the Internal Revenue Code, 26 U.S.C. 42, so tax credit projects are sometimes referred to as Section 42 projects. The IRS provides additional guidance through revenue rulings, technical advice memorandums, notices, private letter rulings, and other means. PROGRAM SUMMARY The LIHTC program finances the construction, rehabilitation, and preservation of housing affordable to lower income households. LIHTC can be used to support a variety of projects: multifamily or single-family housing; new construction or rehabilitation; special needs housing for elderly people or people with disabilities; and permanent supportive housing for homeless families and individuals. The latest data from HUD indicates that LIHTC has provided more than 2.3 million rental units between 1987 and 2011. LIHTC is designed to encourage private individuals and corporations to invest cash in housing affordable to lower income people by providing a tax credit over a 10 -year period: a dollar -for -dollar reduction in federal taxes owed on other income. The cash investors put up, called equity, is used along with other resources to build new affordable housing or to make substantial repairs to existing affordable housing. Tax credits are not meant to provide 100% financing. The infusion of equity reduces the amount of money a developer has to borrow and pay interest on, thereby reducing the level of rent that needs to be charged. The Furman Center for Real Estate and Urban Policy at New York University released a report in October 2012 using tenant -level data from 15 states representing 30% of all LIHTC units. The report found that LIHTC recipients tend to have higher incomes than households assisted by other federal rental assistance programs, but that 43% of the households were extremely low income, with incomes below 30% AMI. However, 69% of those extremely low income households also had other forms of rental assistance, such as vouchers. For the 31% of extremely low income LIHTC households who do not have rental assistance, more than half pay more than 50% of their income for rent, have "severe cost burden." Although housing tax credits are federal, each state has an independent agency, generally called a housing finance agency, or HFA, that decides how to allocate the state's share of federal housing tax credits. Tax credits are allocated to states based on population. For 2014, each state received $2.30 per capita, with small states receiving a minimum of $2.635 million. Each HFA must have a qualified allocation plan (QAP), which sets out the state's priorities and eligibility Advocates' Guide - 1 - National Low Income Housing Coalition criteria for awarding federal tax credits, as well as tax-exempt bonds and any state -level tax credits, to housing projects. Developers apply to an HFA and compete for tax credit allocations. The law requires that a minimum of 10% of an HFA's total tax credits be set aside for nonprofits. Once awarded tax credits, a developer then sells them to investors, usually to a group of investors pulled together by someone called a syndicator. Syndicators sometimes pool several tax credit projects together and sell investors shares in the pool. The equity that the investors provide is used by the developer, along with other resources such as conventional mortgages, state loans, and funds from the HOME program to construct or substantially rehabilitate affordable housing. When applying to an HFA for tax credits, a developer has two lower income unit set-aside options, and must stick with the chosen option during a required lower income occupancy period. The two lower income unit set- aside choices are: • Ensuring that at least 20% of the units are rent -restricted and occupied by households with income below 50% of area median income (AMI). • Ensuring that at least 40% of the units are rent -restricted and occupied by households with income below 60% AMI. Rent -restricted units have fixed maximum gross rents, including allowance for utilities, that are less than the rent charged to a hypothetical tenant paying 30% of either 50% AMI or 60% AMI, whichever option the developer chose. Tenants may have to pay rent up to that fixed maximum tax credit rent even if it is greater than 30% of their income. In other words, the maximum rent a tenant pays is not based on 30% of the tenant's income; rather it is based on 30% of the fixed AMI level (50% or 60%). Consequently, lower income residents of tax credit projects might be rent burdened, meaning they pay more than 30% of their income for rent and utilities. Or, tax credit projects might simply not be financially available to very low and extremely low income people because rents charged are not affordable to them. HUD's tenant - based or project -based vouchers or USDA Rural Development Section 521 Rental Assistance are often needed to fill the gap between 30% of a resident's actual income and the tax credit rent. Tax credits are available only for rental units that meet one of the above rent -restricted minimums (20/50 or 40/60). With these minimums it is possible for LIHTC projects to have a mix of units occupied by lower income people and moderate and middle income people. These are minimums; projects can have higher percentages of rent -restricted units occupied by lower income people. In fact, the more rent -restricted lower income units in a project the greater the amount of tax credits provided. Some HFAs choose to create deeper targeting in order to serve households with even lower incomes. The law requires units to be rent -restricted and occupied by income -eligible households for at least 15 years, called the compliance period, with an extended use period of at least another 15 years, for a total of 30 years. Some states require low income housing commitments greater than 30 years or provide incentives for projects that voluntarily agree to longer commitments. Where states do not mandate longer restricted -use periods, an owner can submit a request to the HFA to sell a project or convert it to market rate during year 14 of the 15 -year compliance period. The HFA then has one year to find a buyer willing to maintain the rent restrictions for the balance of the 30 -year period. If the property cannot be sold to such a preservation purchaser, then the owner's obligation to maintain rent -restricted units is removed and lower income tenants receive enhanced vouchers enabling them to remain in their units for three years. HFAs must monitor projects for compliance with the income and rent restriction requirements. The IRS can recapture tax credits if a project fails to comply, or if there are housing code or fair housing violations. Advocates' Guide - 2 - National Low Income Housing Coalition There are two levels of tax credit, 9% and 4%, formally known as the applicable percentages. Projects can combine 9%and4%o taxcredits. Forexample, buildings canbeboughtwith 4% tax credits andthen substantiallyrebabilitated with 9% tax credits. Instead of 9% and 4%, tax credits are sometimes referred to by the net present value they are intended to yield, either 70% or 30%. This is just another way of saying, in the case of a 9% credit, that the stream of tax credits over the 10 -year credit period has a value today equal to 70% of the eligible development costs. The 9% tax credit is available for new construction and substantial rehabilitation projects that do not have other federal funds. Federal funds include loans and bonds with below market -rate interest. Rehabilitation is substantial if the greater of an average of $3,000 is spent on each rent -restricted lower income unit or 10% is spent on the eligible basis during a 24 -month period. The 4% tax credit is available for three types of activities: • Acquisition of existing buildings for substantial rehabilitation; • New construction or substantial rehabilitation subsidized with other federal funds; and, • Projects financed with tax-exempt bonds. (Every year, states are allowed to issue a set amount, known as the volume cap, of tax-exempt bonds for a variety of economic development purposes.) The figures 9% and 4% were only approximate rates. IRS computed actual rates monthly based on Treasury Department interest rates, the applicable percentage. For any given project, the real tax credit rate was set the month a binding commitment was made between an HFA and developer, or the month a finished project was first occupied, placed in service. This applicable percentage is applied to the 'qualified basis' to determine the investors' tax credit each year for 10 years (the credit period). However, for 9% projects, the Housing and Economic Recovery Act of 2008 (HERA) established a fixed 9% value for projects placed in service between July 30, 2008 and January 1, 2014. The American Taxpayer Relief Act of 2012 allowed any project receiving a LIHTC allocation before January 1, 2014 to qualify for the fixed 9% credit. Because there was no Congressional action in 2013 to set a fixed the 9% value, the applicable percentage for March 2014 is 7.60%. The 4% credit continues to float, with an applicable rate of 3.26% in March 2014. The amount of tax credit a project can receive, and therefore how much equity it can attract, depends on a several factors. First, the eligible basis must be determined by considering cost such as building acquisition, construction, soil tests, engineering costs, and utility hookups. Land acquisition and permanent financing costs are not counted toward the eligible basis. The eligible basis is usually reduced by the amount of any federal funds. The eligible basis of a project can get a 30% increase, or basis boost, if the project is located in a census tract designated by HUD as a low income tract (Qualified Census Tract, or QCT) or a high-cost area (Difficult to Develop Area, or DDA). HERA expanded the use of this basis boost to areas designated by a state as requiring an increase in the credit amount in order to be financially feasible. Next, the applicable fraction must be determined. This is a measure of rent -restricted lower income units in a project. There are two possible percentages: the ratio of lower income units to all units (the unit fraction), or the ratio of square feet in the lower income units to the project's total square feet (the floor space fraction). The lowest percentage is the applicable fraction. The applicable fraction agreed to by the developer and IRS at the time a building is first occupied is the minimum that must be maintained during the entire affordability period. The qualified basis is the eligible basis multiplied by the applicable fraction. The amount of annual tax credits a project can get is the qualified basis multiplied by the tax credit rate (9% or 4%). FUNDING The LIHTC is a tax expenditure, which does not require an appropriation. The Joint Committee on Taxation estimated that the program would cost $5.9 billion in tax expenditures in 2013. The committee's 2014 estimates are not available as of March 27, 2014. Advocates' Guide - 3 - National Low Income Housing Coalition FORECAST FOR 2014 Chief issues of concern for the LIHTC program last year, tax reform and deficit reduction, have diminished for the time being. Several advisory commissions in previous years recommended either the elimination of or a substantial reduction in tax expenditures. In 2012 there was strong bipartisan support in both the House and the Senate for lowering statutory corporate tax rates. However, as 2013 drew to a close, the likelihood of tax reform diminished for two reasons. First, a proponent of major tax reform and Chair of the Senate Finance Committee, Senator Max Baucus (D -MT), was confirmed to be the next U.S. ambassador to China, disrupting momentum for tax reform. Second, House Ways and Means Committee Chair Dave Camp (R -MI) encountered reluctance from House leadership because of the divisive nature of tax reform. Because the LIHTC is one of the largest corporate tax expenditures, it remains vulnerable to future elimination or substantial reduction to help pay for the lowered rates. Some advocates continue to seek to permanently set the 9% credit at that level rather than the lower floating rate that took effect when the HERA and American Taxpayer Relief Act of 2012 fixed 9% provisions expired on January 1, 2014. In addition advocates want to establish a fixed rate for 4% credits. On August 1, 2013, Senator Maria Cantwell (D -WA) introduced S. 1442, which would achieve these aims. On March 15, 2013, Representative Keith Ellison (D -MN) introduced H.R. 1213, a bill to reform the mortgage interest deduction by changing it to a 15% nonrefundable tax credit and lowering the maximum mortgage amount eligible for a tax break from $1 million to $500,000. Such reform is estimated to both make the tax break available to 16 million more households and save the federal government $196 billion over ten years. Mr. Ellison proposed to dedicate 60% of the savings to the National Housing Trust Fund. In addition, Mr. Ellison's bill proposes significant LIHTC provisions. Before determining the 60% in federal savings for the National Housing Trust Fund, the LIHTC per capita allocation would be raised to $2.70 and increased annually by a cost -of -living index. The $2 million minimum allocation for small states would also be increased by an annual cost -of -living adjustment. Most importantly, the LIHTC program would create an incentive to develop units affordable to extremely low income people by providing a 150% basis boost. The President's budget request for FY15 contains six proposed changes to the LIHTC program: 1. As in previous years, Treasury is proposing an "income -mixing" provision that would add a third rent - restricted category (in addition to the 20/50 and 40/60 options). That option would require that at least 40% of the units in a project to be occupied by households with incomes averaging 60% of AMI, allowing LIHTC units to serve households with income up to 80% AMI. Proponents of this provision think it will provide an incentive to include some units targeted to extremely low income households in a project's mix. For purposes of computing the average, the proposal would treat any unit with an income limit below 20% of AMI as if it were at 20% AMI, a feature that would be a disincentive to provide housing for individuals with Supplemental Security Income (SSI) -level incomes, which is 13.5% of the 2014 national median income for an individual (20% for a couple). 2. Rather than extend the 9% credit floor, the Administration proposes revising the formula to more closely reflects the cost of borrowing when interest rates are very low or very high. The proposed new discount rate would be the average of the mid-term and long-term applicable federal rates, plus 200 basis points. 3. In order to make more LIHTC available to states, the Administration proposes allowing states to convert up to 8% of their private activity bond cap to LIHTCs. For each $1,000 of private activity bond cap foregone, a state would receive additional LIHTC authority amounting to $1,000 x twice the applicable percentage for 4% bond -financed LIHTCs. the Administration explains that 4% credits sometimes do not provide adequate equity for some projects, and that the transaction costs of issuing bonds can be a significant economic impediment to financing smaller projects. 4. Because preservation and rehabilitation of existing properties is often more efficient, the Administration proposes adding preservation of federally assisted affordable housing to the current list of ten selection criteria that every QAP must include. Advocates' Guide - 4 - National Low Income Housing Coalition 5. The Administration proposes providing protections similar to those in the Violence Against Women Act (VAWA) for both low income and market -rate units. 6. Finally, the Administration proposes allowing a Real Estate Investment Trust (REIT) to designate as tax exempt some of the dividends it distributes. On February 26, 2014, the House Ways and Means Chair, David Camp (R -MI), proposed LIHTC changes in his Tax Reform Act of 2014, including: • Eliminating 4% credits and private activity bonds; Changing the length of the tax credit period to 15 years from 10 years; Eliminating the 130% basis boost for QCTs and DDAs; and, • Removing energy efficiency and historic nature of a property from the list of ten required selection criteria in QAPs. NLIHC and other advocates are seeking to modify the program to deepen the income targeting and modify the rent structure in order to reduce potential rents burdens on extremely low and very low income tenants. TIPS FOR LOCAL SUCCESS Low Income Housing Tax Credits are distributed based on a state's Qualified Allocation Plan. See the QAP chapter for advocacy ideas for influencing how LIHTC is used in your state. WHAT TO SAY TO LEGISLATORS LIHTC is an important source of funding for affordable housing. Congress should act to protect the program and provide a means to target more units that are affordable to extremely low income residents paying no more than 30% of their income for rent and utilities. FOR MORE INFORMATION • National Low Income Housing Coalition, 202-662-1530, www.nlihc.org • Affordable Rental HousingA.C.T.I.O.N. Campaign, http://rentalhousingaction.org HUD training material about LIHTC, www.hud.gov/offices/cpd/affordablehousing/training/web/hhtc • HUD's database of LIHTC projects, updated through 2011, www.huduser.org/datasetsAihtc.html • List of QCTs and DDAs, www.huduser.org/datasets/gct.htm] • Novogradac, a consulting firm, lists the HFAs in all states, http://bit.ly/XoOL2b Advocates' Guide - 5 - National Low Income Housing Coalition STAFF REPORT AGENDA NO: 10b a MEETING DATE: July 6, 2015 To: Honorable Mayor and City Council Date: July 6, 2015 From: Syed Murtuza, Director of Public Works — (650) 558-7230 Subject: Update on Burlingame Gateway Entry Signage Design Concepts along EI Camino Real, City Project No. 83900 RECOMMENDATION Staff recommends that the City Council review the revised Gateway Entry Signage Design Concepts and provide feedback. BACKGROUND The purpose of the Burlingame Gateway Entry Signage project is to replace the two existing deteriorated signs on EI Camino Real, at Murchison Drive and at Peninsula Avenue. During the May 4, 2015 Study Session, staff, along with consultant Fluoresco Services, presented three options of preliminary design concepts for the "Welcome to Burlingame" signage to the City Council. The three options were as follows: • Gateway Pillar Monument Sign. This concept is themed after the Downtown Burlingame Avenue gateway monuments, representing the classic and contemporary design characteristics of the downtown area. • Arch Gateway Monument Sign. This concept is themed after the historic Burlingame Train Station and the architectural characteristics of the Burlingame Main Library, representing the historic significance and classic style of the City. • Modern Contemporary Monument Sign. This is themed after a modern and contemporary style. During the public comments period, the Council heard from a member of the public who advocated for a simple stone pillar monument, similar to ones that existed along EI Camino Real, circa 1912. Council discussed the above options at great length and considered suggestions made during the public comments period. The Council indicated preferences for a pillar type of monument with simple, elegant, and timeless features, including elements from the 1912 historic monument. In addition, the Council requested that staff verify the status of service clubs that have logos on the existing signage. 1 Update on Burlingame Gateway Entry Signage Design Concepts along EI Camino Real DISCUSSION July 6, 2015 As a result of Council feedback at the May 4, 2015 Study Session, staff retained Royston Hanamoto Alley & Abey (RHAA), a landscape architectural firm with great experience in this type of work and understanding of Burlingame's architectural history. Based on Council feedback, RHAA developed the following design concepts, which will be presented at this Council meeting (see attached PowerPoint presentation). • Traditional Pillar Monument. This concept incorporates elements from historic stone pillars, circa 1912, on EI Camino Real. • Traditional Sculpture Block Monument. This concept combines modern and historic design with stone and metal elements. • Sculptural Vertical and Wall Monument. This modern architectural concept incorporates stone with sculptural metal elements. Additionally, staff researched the status of service clubs with logos on the existing signs. The existing "Welcome to Burlingame" sign at EI Camino Real and Murchison Drive has ten individual logos attached (nine service club logos and one Arbor Day Foundation sign). Of the nine service clubs, six have active chapters in Burlingame. The existing "Welcome to Burlingame" sign at EI Camino Real and Peninsula Avenue intersection has nine individual logos attached (seven service club logos, one Arbor Day Foundation sign, and one Auto Row sign). Of the seven service clubs, six have active chapters in Burlingame. Although the service club logos can be incorporated into the new signage, they would clutter the new signage and may present aesthetic concerns. If Council desires, staff will explore other locations for placement of these logos. Staff is requesting Council feedback and direction so that staff can proceed to next steps in developing design plans for Caltrans review and approval. FISCAL IMPACT The Burlingame Gateway Entry Signage project was funded in the amount of $80,000 as part of the Fiscal Year 2014-15 Capital Improvement Program. The project costs are unknown at this time, and will be determined upon completion of detail design of the selected concept and its implementation. Exhibits: • PowerPoint Presentation of Revised Design Concepts • May 4th PowerPoint Presentation 2 BURLINGAME GATEWAY ENTRY SIGNAGE PROJECT UPDATE REVISED DESIGN CONCEPTS JULY 6, 2015 CITY COUNCIL MEETING DEPARTMENT OF PUBLIC WORKS OVERVIEW ❖ May 4, 2015 Study Session • Staff and Fluoresco Services presented three design options • Gateway Pillar Monument • Arch Gateway Monument • Modern Contemporary Monument • City Council provided feedback • Current status of service clubs • Preference is pillar design • Simple, elegant and timeless • Natural stones with historic aspect ❖ RHAA, landscape architect, was retained to undertake the work as they have a better understanding of the City's architectural characteristics EXISTING SIGNAGE ' Red borders indicate active service clubs in the City of Burlingame Murchison Peninsula PRELIMINARY DESIGN CONCEPTS FROM MAY 4TH STUDY SESSION Pillar Gateway WELCOME TO BURLINCY"E 0 -- -- to A ;;y, ��uou•� Arch Gateway ou ModernContemporary HISTORIC MONUMENTS 6ndi.'—" —1--g eumlypm. CONCEPTS FOR PROPOSED DESIGN 4.'* Design that can withstand the test of time. ❖Subtle elements that work with the surrounding landscape and trees, rather than compete. ❖Simple, classic, and elegant. ❖Vertical, pillar design, without taking away from the Burlingame Avenue entry monument. TRADITIONAL PILLAR MONUMENT Alt. A .n nm..nomuome Alt. B AIL G Option I July, 2015 Burlingame Gateway JHOBBS DES G H TRADITIONAL PILLAR MONUMENT EI Camino Real at Peninsula Avenue TRADITIONAL PILLAR MONUMENT EI Camino Real at Murchison Drive TRADITIONAL SCULPTURE BLOCK MONUMENT Option 2 July, 2015 Burlingame Gateway J H 0 B B 3 D E S I G N Gmntle bb4 prvclue MH bwe bltm )I. vtlba'.¢a L,: 6ronmbam4oe aHxhetl HH MgBtl On9'NCS empeEEcpntb5 L 1. mmA l Option 2 July, 2015 Burlingame Gateway J H 0 B B 3 D E S I G N TRADITIONAL SCULPTURE BLOCK MONUMENT EI Camino Real at Peninsula Avenue TRADITIONAL SCULPTURE BLOCK MONUMENT EI Camino Real at Murchison Drive TRADITIONAL SCULPTURE BLOCK MONUMENT Placement of bronze "BURLINGAME" letters SCULPTURAL VERTICAL AND WALL MONUMENT 1 r — rv�uoua„ _nOb• Option 3 -Alternate Single "Leaf' Option July, 2015 Burlingame Gateway J H 0 B B S D E S I G N SCULPTURAL VERTICAL AND WALL MONUMENT rnn lnM ryrmmrni � � A RA .� 1, Scab: NU'=1 U" 1a -c wm�nMmn Option 3 Jury, 2015 Double "Leaf' Option Burlingame Gateway J H 050 S D ES I GN SCULPTURAL VERTICAL AND WALL MONUMENT I ®' Murchison Drive Peninsula Avenue NEXT STEPS ❖City Council Feedback •:Development of Plans and Cost Estimate ❖ Caltrans' Approval and Permitting ❖ City Council Presentation and Final Design ❖ Shop Drawings for Fabrication and Installation CITY COUNCIL FEEDBACK -• : � "roti a tR �fr� .• '� � °: � �'``.� �4. s e � 7 Burlingame Gateway Entry Signage w; S�I-.G N co, N C E` P=T SMEN► Overview ■ There are two existing "Welcome to Burlingame" signs along EI Camino Real • Murchison Drive - North City Limits • Peninsula Avenue — South City Limits ■ Existing signage is deteriorated and cluttered ' City Council included a project is FY 2014-15 budget to replace the old signs with better signage ■ Staff retained Fluoresco Services (Signage Company) to design, fabricate and install new signs EI Camino Real at Murchison Drive i EI Camino Real at Peninsula Avenue ■ Limited Space ■ EI Camino Real is Caltrans' right-of-way • Caltrans gateway monument guidelines and requirements for plan review and approval • Caltrans Encroachment Permit " • Maintenance Agreement / y ■ Existing signs included American Service Clubs such as Lions, Rotary, Kiwanis, Masonic, etc. ■ Irrigation for landscaping ■ Electrical source for lighting > _. Option A Pillar Monument BB U U R R L L I I N N G G A M C) A M --- Q E E ee- -- -- !1 Gateway Pillar Monument Sign c WELCOME TO BURLINGAME 14 -ft +fy Q f} i WELCOME TO BURLINGAME fro! Option C Modern Contemaorary Monument we!com- to BURLINGA Option C Contemporary Monument with Historic Elements Modern Contemporary Monument Sign s hillwelcome to - URLI NGAM -< _ O Ilk At Murchison Drive I Option C.1 Modern Contemporary Option C.2 With Historic Elements ■ City Council Feedback ■ Follow-up with American Service Clubs ■ Development of Plans and Cost Estimate • Caltrans' Approval and Permitting City Council Presentation of Final Design • Shop Drawings for Fabrication and Installation per. s i. City Council Feedback