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Agenda Packet - CC - 2015.04.06
Monday, April 6, 2015 City of Burlingame Meeting Agenda - Final City Council 7:00 PM CLOSED SESSION - 5:30 p.m. - Conference Room A a. Approval of the Closed Session Agenda BURLINGAME CITY HALL 501 PRIMROSE ROAD BURLINGAME, CA 94010 Council Chambers b. Closed Session Community Forum Members of the Public May Address the Council on any Item on the Closed Session Agenda at thisTime C. Adiournment into Closed Session d. Conference with Real Property Negotiators - Government Code &54956.8 Property - APN 029-204-230 Negotiators: Lisa Goldman Kathleen Kane William Meeker Under Negotiation: Negotiating Agreement Price Terms e. Personnel Matter: Annual Performance Evaluation of City Attorney Government Code 4 54957(b) 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 City of Burlingame Page 1 Printed on 4/2/2075 City Council Meeting Agenda - Final April 6, 2015 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 March 16, 2015 Attachments: 3-16-15 Unapproved Minutes b. Adoption of a Resolution Accenting the Burlingame Avenue Broadway Adeline Drive and Peninsula Avenue Water Main Improvements Proiect Constructed by D & D Pipelines Inc.. City Project Nos. 83500 and 83640 Attachments: Staff Report Resolution Final Progress Payment Project Location Map C. Adoption of a Resolution Approving the Final Condominium Map (PM 13-02), Subdivision of Lot F Block 5 Map of Burlingame Land Company No, 2 Subdivision at 1225 Floribunda Avenue Attachments: Staff Report Resolution Final Condo Map September 9 2013 Planning Commission Minutes Conditions of Approval for Condominium Permit d. Open Nomination Period to Fill One Vacancy on the Library Board of Trustees Attachments: Staff Report e. Approval of Planning Manager's Attendance at an Out -of -State Conference (National Adaptation Forum) Attachments: Staff Report Program Description City of Burlingame Page 2 Prfnfed on 4(2/2075 City Council Meeting Agenda - Final April 6, 2015 Adoption of a Resolution of Intent to Amend the City of Burlingame Master Fee Schedule Effective July 3. 2015' and Set the Public Hearing for Such Amendment for May 4, 2015 Attachments: Staff Report Resolution 9- Schedule a Public Hearing to Consider an Appeal of the Planning Commission's March 23 2015 Denial of Requests for Adoption of a Negative Declaration and Approval of Applications for Design Review and a Special Permit for an Intrusion into the Declining Height Envelope, Related to Construction of a New Single -Family Dwelling at 1516 Howard Avenue Attachments: Staff Report March 26, 2015 Aooeal Letter h. Adoption of a Resolution Authorizing the City Manager to Execute an Agreement with the County of San Mateo for Continued Provision of Animal Control Services for a Five -Year Term Beginning July 1 2015 Attachments: Staff Report Resolution Animal Control Agreement 2015-2020 i. Report Confirming Salary Schedule for Appointed City Clerk Attachments: Staff Report 9. PUBLIC HEARINGS (Public Comment) a. City Council Review of the Planning Commission's Denial of an Application for a Conditional Use Permit for Fenced Vehicle Storage on Property located at the Northeast Corner of Broadway and California Drive (1260 California Drivel Attachments: Staff Report Resolution Background Materials b. Public Hearing and Resolution of the City Council of the City of Burlingame Adjusting the Storm Drainage Fee for Fiscal Year 2015-16 By 2.0% Based On the CPI for the San Francisco -Oakland -San Jose CA Area as Published March 24 2015 Attachments: Staff Report Resolution CPI: San Francisco -Oakland -San Jose City of Burlingame Page 3 Prin led on 41212015 City Council Meeting Agenda - Final April 6, 2015 C. Introduction and Adoption of an Urgency Ordinance Governing Wireless Facility Modifications Under 47 U.S.C. § 1455 Attachments: Staff Report Urgency Ordinance 10. STAFF REPORTS AND COMMUNICATIONS (Public Comment) a. Consideration of Appointment to the Planning Commission Attachments: Staff Report b. Adoption of Resolutions Authorizing the Inclusion of Properties within the City's Jurisdiction in the California HERO Program Figtree PACE Program and CSCDA Open PACE Program Attachments: Staff Report Hero Resolution Figtree Resolution CSCDA Resolution FAQ C. Update on Broadway Commercial Area Traffic Safety. Signage and Parking Improvements Attachments: Staff Report 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Council Members report on committees and activities and make announcements. 12. FUTURE AGENDA ITEMS 13. ACKNOWLEDGMENTS 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.burtingame.org. Agendas and minutes are available at this site. NEXT CITY COUNCIL MEETING - Next Regular City Council Meeting - Monday, April 20, 2015 VIEW REGULAR COUNCIL MEETING ONLINE AT WWW.BURLINGAME.ORG - GO TO "CITY COUNCIL VIDEOS" City of Burlingame Page 4 Prin fed on 412/2015 BURLINGAME CITY COUNCIL Unapproved Minutes Regular Meeting of March 16, 2015 1. CALL TO ORDER Agenda Item 8a Meeting Date:4/6/15 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 Girl Scout Troop 61818. 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. UPCOMING EVENTS Mayor Nagel reviewed the upcoming events taking place in the City. 6. PRESENTATIONS a. PRESENTATION OF A PROCLAMATION TO THE BURLINGAME MOTHERS' CLUB Mayor Nagel presented a proclamation to the Burlingame Mothers' Club in recognition of their generous donation of $14,000 to purchase a movie screen and equipment to be used for Movies in the Park during the summer months. b. UPDATE ON CENTRAL COUNTY FUZE DEPARTMENT BY INTERIM FIRE CHIEF JOHN KAMMF.YER Interim Fire Chief John Kammeyer gave an update on the recent integration of the Millbrae Fire Department into the Central County Fire Department (CCFD) and said it was a smooth transition. Burlingame City Council March 16, 2015 Unapproved Minutes Chief Kammeyer advised that CCFD plans to have a CERT summit this summer and numerous citywide disaster preparedness sessions. He further advised that CCFD also hopes to partner with the Burlingame Police Department and the Hillsborough Police Department on child safety seats training. The City Council thanked Chief Kammeyer for his professionalism when called upon earlier this year to lead the Fire Department, and for all his efforts with the recent merger of the Millbrae Fire Department becoming a part of Central County Fire Department. 7. PUBLIC COMMENTS Girl Scout Troop 61818 spoke about not allowing smoking in Burlingame and the cigarette butt litter. They also spoke about the need for more volunteer positions for children under the age of 13. Burlingame resident John Akin spoke about the need for a helipad at Peninsula Hospital. Burlingame resident Cynthia Cornell, Burlingame resident Mark, and an unidentified individual all spoke about the high cost of rents. Burlingame resident Pat Giomi spoke about high speed rail. 8. CONSENT CALENDAR Mayor Nagel asked the Councilmembers and the public if they wished to remove any items from the Consent Calendar and there were no requests. Mayor Nagel commented that a corrected staff report for item 8c was at each Councilmember's place on the dais. Vice Mayor Keighran said she would abstain from voting on the minutes of the March 4, 2015 meeting since she was not there. Councihnember Brownrigg made a motion to adopt 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 MARCH 2 AND MARCH 4 2015 CC Kearney requested Council approve the City Council meeting minutes of March 2, and March 4, 2015. b. ADOPTION OF A RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH CAROLLO ENGINEERS INC. FOR THE BURLINGAME WASTEWATER TREATMENT FACILITY'S MASTER PLAN AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT DPW Murtuza requested Council adopt Resolution No. 21-2015. c. ADOPTION OF A RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH WILSEY HAM FOR ENGINEERING DESIGN SERVICES RELATED TO THE SOUTH ROLLINS ROAD AND NEIGHBORHOOD WATER MAIN IMPROVEMENTS PHASE 1 AND AUTHORZING THE CITY MANAGER TO EXECUTE THE AGREEMENT DPW Murtuza requested Council adopt Resolution No. 22-2015. 2 March 16, 2015 Burlingame City Council Unapproved Minutes d. AUTHORIZING THE CITY MANAGER TO EXECUITE THE AGREEMENT DPW Murtuza requested Council adopt Resolution No.23-2015. e. THE FREEDOM TO MARRY CM Goldman requested Council adopt Resolution No. 24-2015. 9. PUBLIC HEARINGS There were no public hearings. 10. STAFF REPORTS AND COMMIINICATIONS a. CITY COUNCIL APPOINTMENT OF A DIRECTOR TO REPRESENT THE CITY OF BURLINGAME ON THE BOARDS OF THE BAY AREA WATER CONSERVATION AGENCY(BAWSCA) AND THE BAY AREA REGIONAL WATER FINANCING AUTHORITY (RFA) DPW Murtuza reviewed the staff report and advised that former Mayor and Councilmember Rosalie O'Mahony has been representing the City as a founding member and director of the BAWSCA and RFA Boards for the past 11 years since their establishment in 2004. Mr. Murtuza said the appointment would be for a four-year term, expiring on June 30, 2019. DPW Murtuza further advised that to serve as a Director on both boards, the appointee must be a resident of the City and a registered voter in the City, but need not be a Councilmember. Mr. Murtuza said the appointment must be made at a public meeting by an action of the full City Council. Mayor Nagel opened the item for public comment and Burlingame resident Pat Giorni spoke. Former Mayor O'Mahony spoke and said she would be honored to continue to serve if the Council so wished. Vice Mayor Keighran made a motion to reappoint Rosalie O'Mahony to represent Burlingame on the BAWSCA and RFA Boards and commented that when Rosalie O'Mahony sat on the City Council, she was known as the Infrastructure Queen; seconded by Councilmember Ortiz. The motion was approved unanimously by voice vote, 5-0. b. ADOrI WIN yr rHE, r r --- Assistant to the City Manager Nil Blackburn reviewed the staff report and briefly went through the five city goals that were first established during the FY2013-2014 goal -setting session and revised the following year. Ms. Blackburn advised that Exhibit C to the staff report is the Implementation Action Plan FY 2015-2016 and reflects staff's recommendations for changes to the various strategies and tasks. Ms. Blackburn said as a March 16, 2015 Burlingame City Council Unapproved Minutes next step in the goal -setting process, staff would like the Councilmembers to review and approve the 2015- 2016 Implementation Action Plan Mayor Nagel thanked Assistant to the City Manager Blackburn for an incredible job putting together the report and for all her efforts in making the goal setting meeting so successful. Mayor Nagel also commented on the impressive accomplishments of the City over the past year. Councilman Root commented that the list was very formidable and CM Goldman said staff was very judicious in prioritizing the items that could be accomplished in the next year or two. Councilman Root asked how the public is made aware of this and CM Goldman said it is posted on the website, included in the budget document, and it will be in the a -news. Vice Mayor Keighran requested a quarterly update as to where staff is with these items since there is so much to be accomplished. CM Goldman said she would like to reflect on whether to provide feedback quarterly or every six months, but definitely agreed that a report should be provided. Mayor Nagel opened the item for public comment and Burlingame residents Kathy Schmidt, Kirk Pessner, Mike McCord, and Pat Giorni spoke. There were no further comments. There was discussion by the Councilmembers concerning hiring a Community Outreach individual and CM Goldman said the City is not exploring that position right now since she is hoping to do that internally. Council also discussed hiring a Public Information Officer and not all the Councilmembers agreed that was a good idea and cautioned about adding positions since the financial impact needs to be considered. Council requested that the City Manager analyze the issue and provide a report. CM Goldman advised that there was going to be a study session on May 18, 2015 to discuss these issues. At the conclusion of the Council discussion it was agreed that the following changes be made to the Implementation Action Plan: • the word resilient be added to goal I • consult with health care experts about adding a helipad at• Mills -Peninsula Hospital add to strategy E of goal I to make the Bayshore more pedestrian friendly • add to strategy H of goal W to help facilitate neighborhood groups. Councilmember Root made a motion to adopt the 2015-2016 Goal Setting Implementation Action Plan, as revised; seconded by Councilmember Ortiz. The motion was approved unanimously by voice vote, 5-0. 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 not future agenda items. 13. ACKNOWLEDGMENTS a. Department Reports: Building, February 2015 C! Burlingame City Council Unapproved Minutes March 16, 2015 14. ADJOURNMENT Mayor Nagel adjourned the meeting at 9:27 p.m. Respectfully submitted, Mary Ellen Kearney City Clerk Burlingame City Council March 16, 2015 Unapproved Minutes 9 BAR STAFF REPORT AGENDANO: 8b MEETING DATE: April6, 2015 To: Honorable Mayor and City Council Date: April 6, 2015 From: Syed Murtuza, Director of Public Works — (650) 558-7230 Subject: Adoption of a Resolution Accepting the Burlingame Avenue, Broadway, Adeline Drive, and Peninsula Avenue Water Main Improvements Project Constructed by D & D Pipelines, Inc., City Project Nos. 83500 and 83640 RECOMMENDATION Staff recommends that the City Council adopt the attached resolution accepting the Burlingame Avenue, Broadway, Adeline Drive, and Peninsula Avenue Water Main Improvements Project constructed by D & D Pipelines, Inc., in the amount of $1,121,574. BACKGROUND On July 7, 2014, the City Council awarded the Burlingame Avenue, Broadway, Adeline Drive, and Peninsula Avenue Water Main Improvements Project to D & D Pipelines, Inc., in the amount of $978,592. The project was included as part of the city's Capital Improvement Program (CIP) to upgrade the aging and deteriorated water main distribution system. The project consisted of the following scope of work: • Replacement of approximately 700 linear feet of existing 4 -inch diameter deteriorated cast iron pipe with a new 8 -inch diameter polyvinyl chloride (PVC) pipe, and approximately 470 linear feet of water services in the 1500 block of Burlingame Avenue, between EI Camino Real and Occidental Avenue; • Replacement of approximately 450 linear feet of existing 6 -inch diameter deteriorated cast iron pipeline with a new 6 -inch diameter PVC pipe and 12 -inch ductile iron (DI) pipe and approximately 80 linear feet of water services in the 2100 block of Broadway, between Armsby Way and Vancouver Avenue; • Replacement of approximately 1,400 linear feet of existing 4 -inch diameter deteriorated cast iron pipe with a new 6 -inch diameter PVC pipe and approximately 300 linear feet of water services in the 2800 and 2900 block of Adeline Drive, between Hillside Drive and 2871 Adeline Drive; and • Replacement of approximately 730 linear feet of existing 6 -inch diameter deteriorated cast iron pipe with a new 12 -inch diameter DI pipe along Peninsula Avenue, between Humboldt Road and North Amphlett Boulevard. 1 Resolution Accepting the Burlingame Avenue, Broadway, Adeline Drive, and Peninsula Avenue Water Main Improvements Project DISCUSSION April 6, 2015 The project construction has been satisfactorily completed in compliance with the plans and specifications. The final construction cost of $1,121,574 is $142,982 or approximately 14.6% above the original contract and is within the authorized contingencies. The additional $142,982 was due to unforeseen field conditions and change orders as follows: • Additional work due to unforeseen utility conflict with an unmarked underground high voltage electric system owned by PG & E on Peninsula Avenue, which delayed the project for approximately two and a half months. • Additional work in dealing with conflicting underground pipelines and appurtenances owned by Cal Water distribution system on Peninsula Avenue. • Additional work to resolve utility conflict with an underground PG&E gas main on Adeline Drive and on Occidental Avenue. • Additional work to resolve utility conflict with San Mateo County owned sanitary sewer main crossing, and associated work in repairing the roadway on Adeline Drive, and • Additional work due to existing deteriorated water valves and fire services at various locations in the project area. FISCAL IMPACT The following are the final estimated project expenditures: Construction contract Construction management and testing Engineering administration Total Funding Availability: $ 1,121,574 $ 130,000 $58,426 $1,310,000 There are adequate funds available in the FY2014-15 Water System CIP budget to complete the project. Exhibits: • Resolution • Final Progress Payment • Project Location Map 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME ACCEPTING THE BURLINGAME AVENUE, BROADWAY, ADELINE DRIVE, AND PENINSULA AVENUE WATER MAIN IMPROVEMENTS PROJECT BY D & D PIPELINES, INC. CITY PROJECT NOS. 83500 & 83640 RESOLVED by the CITY COUNCIL of the City of Burlingame, California, and this Council does hereby find, order and determine as follows: 1. The Director of Public Works of said City has certified the work done by D&D Pipelines, Inc., under the terms of its contract with the City dated July 7, 2014, has been completed in accordance with the plans and specifications approved by the City Council and to the satisfaction of the Director of Public Works. 2. Said work is particularly described as City Project No. 83500 & 83640 3. Said work be and the same hereby is accepted. 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`h day of April, 2015, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: City Clerk C s........•.•„•.. . . �W w»wxNwwwNwxwwwwwwx»x»xNwwNwww wwww»xx wNwwwNNNwwxwNwwxww 8888 88888$$8888p 88888588, 8a 88 88, -8.88 588888888888 a a 8 88 a wwwNwNwwwwN»wx»»w ww w wwwN»wx xN xx wxwN- 88p8, 8, q8q, 8 ,Q8 88,8, 5, R8p8p88 , 88888❑Q8Q888,8 8,8 8888,88, R $A SR.S •458 $ QiiK�B� @� � 8 xwx»»xx»www»»w» w»» 8 8888888 8 8, 8 8, 8 8 8 88 �4 $5 `a O A 45 »»•nnx»»»»»»»xxwwNwwNwwNNwwxxN NNNxwww xx.n .n w.nww wxNxxww wxx Ee wuuNwxw u u x u x u w x N N N w wuNw»»x xx xx xxw u»uuuxw ww w.nx»w wuu 6d oa0000aoa00000000vooeaaooaoo vveee oaoavvo 0000000 oao 8e8883a8 88888 $$$$88885,8888888888,8 .•. :i � r .r .. 8,8,8,888888688$8888,8 8 »»»»»»»»»»»»»»»»»N»w—Nww-NNwwxNx---- xw-N»w»»x»x»x»www» 8888888,88888,8 BSeS888888888888888fl 8,6 85a8e$ 88$88$888888888888 - hhh Ah h����wWW.w353�$������555w35335 hhh�yA��w535S5555 .. .•.. .. m 8 A . .. .. •. n ry ry ry .•.. .. .. .a f1 go; PAABpry A m n., .. 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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 September 9, 2013, the Planning Commission reviewed and approved the condominium map and recommended Council approval with the conditions listed above. The project is now substantially complete. Staff has reviewed the map and recommends its approval subject to the above conditions. Exhibits: • Resolution • Final Condominium Map • September 9, 2013 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 13-02), SUBDIVISION OF LOT F, BLOCK 5, MAP OF BURLINGAME LAND COMPANY NO. 2 SUBDIVISION AT 1225 FLORIBUNDA AVENUE The City Council of the City of Burlingame does resolve as follows: WHEREAS, on September 9, 2013, 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. Directs staff to verify that all conditions of approval are met and arrange for the recording of the tentative and final parcel map and condominium map. 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 6r" day of April, 2015, and was adopted thereafter by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: Mary Ellen Kearney, City Clerk CITY OF BURLINGAME PLANNING COMMISSION BURLINGAME APPROVED MINUTES Monday, September — 2013 r Road 7:00 City Council Chambers 501 Primrose Road Burlingame, California 4. 1225 FLORIBUNDA AVENUE, ZONED R-3 — APPLICATION FOR MITIGATED NEGATIVE DECLARATION, CONDOMINIUM PERMIT, PARKING VARIANCE, DESIGN REVIEW, AND TENTATIVE CONDOMINIUM MAP FOR A NEW, SIX -UNIT RESIDENTIAL CONDOMINIUM (PRIMEVERE, LLC, APPLICANTAND PROPERTY OWNER; EDI INTERNATIONAL, ARCHITECT) STAFF CONTACT: KEVIN GARDINER All Commissioners indicated that they had visited the property. There were no ex parte communications. Reference staff report dated September 9, 2013, with attachments. Planning Manager Gardiner presented the report, reviewed criteria and staff comments. Sixty-seven (67) conditions were suggested for consideration. Questions of staff: None. Chair Sargent opened the public hearing. Alex Mortazavi represented the applicant. Commission comments: • Seems silly for the lifts not to be high enough for a small SUV. (Gardiner— noted a reference in the staff report indicating that an additional 8 -inches of height would be required. Mortazavi —this can be done.) • The garage height is 11 -feet 1 -inch? (Mortazavi —will accommodate vehicles like a small SUV.) • Feels that the lift height should be increased to the next level — will it impact the height of the building? (Mortazavi — can accommodate the additional height within the height limit.) • Agrees that the additional lift height should be accommodated. With respect to the vegetable garden planter boxes; create every opportunity to accommodate the use of this feature. Refine the planter design to make them more user friendly; maybe add pavers around the boxes. (Mortazavi — can install a hose bib to permit irrigation.) • Good project. • On May 28th, discussed the-!!fts extensively, particularly the operation of the lifts. Is everyone comfortable with the lifts' operation? (Mortazavi — is confident that there is no noise issue within the building. Doesn't believe there will be a noise problem outside the building either. The garages are a much greater distance from the neighbors' properties than would normally be the case. There is a 24 -foot separation from the neighbors.) • How does the intercom system work — where is the intercom system, is it above the steps? (Mortazavi — the intercom is above the step on the left hand side. Accessibility is not required for townhouse style units.) • Was a sample of the tile provided? (Mortazavi — no.) • Provide a sample of the GFRC trim material as an FYI. CITY OF BURLINGAME PLANNING COMMISSION — Approved Minutes September 9, 2013 There is a lot of detail in the staff report regarding noise from the lifts. However, mitigation measure 166 — requires training to the original purchasers of the units. Clarify that the lifts are installed per manufacturer specifications during construction. Some neighbors have complained about potential construction impacts— has this been addressed? (Mortazavi — must comply with the City's construction regulations.) Is bicycle parking required? (Gardiner — clarified that the condition applies to all projects within the Downtown Specific Plan area. Exceeds the requirement of the plan.) Is there extra space for storage within the garage? (Gardiner — yes, required by the Downtown Specific Plan. Mortazavi — Provided space underneath the staircase.) Create a more obvious path to the correct door for guests. Perhaps a wider stone path for the main entry with more of a landscape treatment for the secondary path. (Mortazavi — could make one less "comfortable" as a primary path.) Public comments: None. There were no further comments and the public hearing was closed. Commissioner Terrones moved to approve the application, by resolution, with the following amended conditions: that the project shall be built as shown on the plans submitted to the Planning Division date stamped July 10, 2013, sheets A-01 through A-10, L-1, and G-1, with the following modifications, details of which shall be submitted to the Planning Commission for approval as an FYI, prior to building permit issuance: a. The interior clearance height of the garages shall be increased to a minimum of IV -8" measured from floor to ceiling in order to permit the parking of sport utility vehicles on the parking lifts.; b. The vegetable/garden planter boxes will be configured with clear access and walkable (i.e. surfaced with a material that allows ease of passage) pathways to allow access to each plot without disrupting plantings; C. The pedestrian entrance along the western (right) side of the property will be enhanced to emphasize pedestrian access with elements such as a wider pathway, seating, lighting, and/or landscape design features. d. Details of all exterior finishing materials, including roofing material, shall be provided and reviewed by the Planning Commission as an FYI item. 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; 3. that the property owner shall be responsible for implementing and maintaining all tree protection measures throughout construction for all existing trees including the existing tree in the planterstrip in front of the property; 2 CITY OF BURLINGAME PLANNING COMMISSION — Approved Minutes September 9, 2013 4. that this proposal shall comply with all the requirements of the Tree Protection and Reforestation Ordinance adopted by the City of Burlingame in 1993 and enforced by the Parks Department; complete landscape and irrigation plans shall be submitted atthe time of building permit application; 5. that the maximum elevation at the top of the roof ridge shall not exceed elevation 65.26' as measured from the average elevation at the top of the curb along Floribunda Avenue (21.59') for a maximum height of 43'-7 7/8", 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 garage floor finished floor elevation shall be elevation 23.60'; first floor finished Floor shall be elevation 24.68'; second floorfinished floor shall be elevation 36.43'; third floorfinished floor shall be elevation 47.60'. 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; 6. 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; that the conditions of the Chief Building Official memos dated June 17, 2013; March 5, 2013; October 19, 2012; the Parks Division memos dated April 25, 2013; March 11, 2013; October 22, 2012; the City Engineer's memos dated December 18, 2012 and September 4, 2013; the Fire Marshal's memo dated October 29,2013.; and the Stormwater Division memos dated May 1, 2013; March 14, 2013; October 22, 2013 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 forthe project, the applicant shall enter into an agreement With the City to establish the affordability of the one (1) below market rate unit 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 meeting the inclusionary housing requirements as required by Chapter 25.63 of the Burlingame Municipal Code; the applicant shall enter into an agreementwith a third -party non-profit organization approved by the City to administer the program; 10. that the'service vehicle stall' shall be marked on the service parking space and designated on the final map and plans, this stall shall not be assigned to any unit, but shall be owned and maintained by the condominium association, and the service vehicle stall shall always be accessible for parking and not be separately enclosed or used for resident storage•, 11. that the Covenants Conditions and Restrictions '\CC&Rs) forthe condominium project shall require that the service vehicle stall shall be reserved for service vehicles or guests only and shall not be used by condominium residents; 12. that the final inspection shall be completed and a certificate of occupancy issued before the close of escrow on the sale of each unit; 13. 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 CITY OF BURLINGAME PLANNING COMMISSION - Approved Minutes September 9, 2013 the property, including but not limited to the roof, painting, common area carpets, drapes and furniture; 14. 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; 15. that any security gate system across the driveway shall be installed a minimum 20'-0' backfrom the front properly line; 16. that the guest entrance gate 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; 17, that prior to under floor 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; 18. that all runoff created during construction and future discharge from the site shall be required to meet National Pollution Discharge Elimination System (NPDES) standards; 19. that the applicant shall submit an erosion and sedimentation control plan describing BMPs (Best Management Practices) to be used to prevent soil, dirt and debris from entering the storm drain system; the plan shall include a site plan showing the property lines, existing and proposed topography and slope; areas to be disturbed, locations of cut/fill and soil storage/disposal areas; areas with existing vegetation to be protected; existing and proposed drainage patterns and structures; watercourse or sensitive areas on-site or immediately downstream of a project; and designated construction access routes, staging areas and washout areas; 20. that methods and procedures such as sediment basins ortraps, silt fences, straw bale dikes, storm drain inlet protection such as soil blanket or mats, and covers forsoil stock piles to stabilize denuded areas shall be installed to maintain temporary erosion controls and sediment control continuously until permanent erosion controls have been established; 21. that construction access routes shall be limited in orderto prevent the tracking of dirt onto the public right-of-way, clean off-site paved areas and sidewalks using dry sweeping methods; 22. that if construction is done during the wet season (October 15 through April 15), that priorto October 15 the developer shall implement a winterization program to minimize the potential for erosion and polluted runoff by inspecting, maintaining and cleaning all soil erosion and sediment control priorto, during, and immediately after each storm even; stabilizing disturbed soils throughout temporary or permanent seeding, mulching matting, or tarping; rocking unpaved vehicle access to limit dispersion of mud onto public right-of-way; covering/tarping stored construction materials, fuels and other chemicals; 23. that common landscape areas shall be designed to reduce excess irrigation run-off, promote surface filtration and minimize the use of fertilizers, herbicides and pesticides; 24. 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; CITY OF BURLINGAME PLANNING COMMISSION — Approved Minutes September 9, 2013 25, that this project shall comply with Ordinance 1845, the City of Burlingame Water Conservation in Landscaping Regulations, and complete landscape and irrigation plans shall be provided atthe time of building permit application; 26. 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; 27. that all new utility connections to serve the site, and which are affected by the development, shall be installed to meet current code standards and local capacities of the collection and distribution systems shall be increased at the developer's expense if necessary; 28. that all utilities to this site shall be installed underground. Any transformers needed for this site shall be installed underground or behind the front setback on this site; 29. that sewer laterals from the site to the public sewer main shall be checked and shall be replaced to city standards as required by the development; 30. that all abandoned utilities and hookups shall be removed; 31. that all drainage (including water from the below grade parking garage) on site shall be required to be collected and pumped to the street as determined by the Public Works Department; 32. that demolition of the existing structures and any grading or earth moving on the site shall be required to comply with all the regulations of the Bay Area Air Quality Management District; 33, that the applicant shall install fire sprinklers and a fire alarm system monitored by an approved central station prior to the final inspection for building permit; 34. that all construction shall abide by the construction hours established in the Municipal Code; 35. that the applicant shall comply with Ordinance 1645, the City of Burlingame Recycling and Waste Reduction Ordinance, and shall submit a waste reduction plan and recycling deposit for demolition and new construction, before receiving a demolition permit; 36. that this project shall comply with Ordinance No. 1477, Exterior Illumination Ordinance; and 37. that the project shall be required to comply with all the standards of the California Building and Fire Codes, in effect at time of building permit issuance, as amended by the City of Burlingame. The following four (4) conditions shall be met during the Build --mg Inspection process priorto the inspections noted in each condition: 38. that prior to scheduling the foundation inspection a licensed surveyor shall locate the property comers, set the building envelope; 39. 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 Department; CITY OF BURLINGAME PLANNING COMMISSION — Approved Minutes September 9, 2013 40. 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; 41. 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; Mitigation Measures from Initial Study Aesthetics 42. The project sponsor shall be subject to the design review process to evaluate the aesthetics of the construction of a residential condominium in the Downtown Specific Plan R-3 District. Air Quality 43. During construction, the project sponsor shall ensure implementation of the following mitigation measures during project construction, in accordance with BAAQMD standard mitigation requirements: a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. b. All haul trucks transporting soil, sand, or other loose material off-site shall be covered. C. 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 sweeping is prohibited. d. All vehicle speeds on unpaved roads shall be limited to 15 mph. e. All roadways, driveways, 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. f, Idling times shall be minimized either by shutting off equipment when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of the California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. g. 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. h. Post a publicly visible sign with the telephone number and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District's phone number shall also be visible to ensure compliance with applicable regulations. 44. The project sponsor shall implement the following GHG reduction measures during construction activities: CITY OF BURLINGAME PLANNING COMMISSION — Approved Minutes September 9, 2013 a. Alternative -Fueled (e.g., biodiesel, electric) construction vehicles/equipment shall make up at least 15 percent of the fleet; b. Use at least 10 percent local building materials; and C. Recycle at least 50 percent of construction waste or demolition materials. 45. The project shall include a common facility for trash disposal, recycling, and composting as shown on the project plans date stamped July 10, 2013. 46. The project sponsor shall participate in all residential recycling and composting programs offered by the solid waste provider to multifamily residential customers. This shall include the composting program, currently offered as an optional service. Biological Resources 47. The applicant shall comply with the City's on-site reforestation requirements as approved bythe City Arborist. 48. That a certified arborist's report showing how the existing trees to remain will be protected during construction, to be approved by the Parks Department, shall be prepared prior to issuance of a building permit; the approved tree protection plan shall be implemented prior to any construction on. the site. 49. Construction under the Downtown Specific Plan shall avoid the March 15 through August 31 avian nesting period to the extent feasible. If it is not feasible to avoid the nesting period, a survey for nesting birds shall be conducted by a qualified wildlife biologist no earlier than 7 days prior to construction. The area surveyed shall include all clearing/construction areas, as well as areas within 250 ft. of the boundaries of these areas, or as otherwise determined by the biologist. In the event that an active nest is discovered, clearing/construction shall be postponed within 250 ft. of the nest, until the young have fledged (left the nest), the nest is vacated, and there is no evidence of second nesting attempts. Cultural Resources 50. In the event that any prehistoric or historic subsurface cultural resources are discovered during ground disturbing activities, all work within 100 feet of the resources shall be halted and after notification, the City shall consultwith a qualified archaeologist and Native American representative to assess the significance of the find. If any find is determined to be significant (CEQA Guidelines 15064.5[a][3] or as unique archaeological resources per Section 21083.2 of the California Public Resources Code), representatives of the City and a qualified archaeologist shall meet to determine the appropriate course of action. In considering any suggested mitigation proposed bythe consulting archaeologist in orderto mitigate impacts to historical resources or unique archaeological resources, the lead agency shall determine whether avoidance is necessary and feasible in light of factors such as the nature of the find, project design, costs, and other considerations. If avoidance is infeasible, other appropriate measures (e.g., data recovery) shall be instituted. Work may proceed on other parts of the project sitewhile mitigation for historical resources or unique archaeological resources is carried out. 51. If paleontological resources, such as fossilized bone, teeth, shell, tracks, trails, casts, molds, or impressions are discovered during ground -disturbing activities, work will stop in that area and within CITY OF BURLINGAME PLANNING COMMISSION —Approved Minutes September 9, 2013 100 feet of the find until a qualified paleontologist can assess the significance of the find and, if necessary, develop appropriate treatment measures in consultation with the City of Burlingame. 52. If human remains are discovered at any project construction sites during any phase of construction, all ground -disturbing activity 100 feet of the resources shall be halted and the City of Burlingame and the County coroner shall be notified immediately, according to Section 5097.98 of the State Public Resources Code and Section 7050.5 of California's Health and Safety Code. If the remains are determined by the County coroner to be Native American, the Native American Heritage Commission (NAHC) shall be notified within 24 hours, and the guidelines of the NAHC shall be adhered to in the treatment and disposition of the remains. The project applicant shall also retain a professional archaeologist with Native American burial experience to conduct a field investigation of the specific site and consult with the Most Likely Descendant, if any, identified by the NAHC. As necessary, the archaeologist may provide professional assistance to the Most Likely Descendant, including the excavation and removal of the human remains. The City of Burlingame shall be responsible for approval of recommended mitigation as it deems appropriate, taking account of the provisions of State law, as set forth in CEQA Guidelines section 15064.5(e) and Public Resources Code section 5097.98. The project applicant shall implement approved mitigation, to be verified by the City of Burlingame, before the resumption of ground -disturbing activities within 100 feet of where the remains were discovered. Geology and Soils 53. The project sponsor shall submit a detailed design level geotechnical investigation to the City of Burlingame Building Division for review and approval. The investigation shall include recommendations to develop foundation and design criteria in accordance with the most recent California Building Code requirements. All foundations and other improvements shall be designed by a licensed professional engineer based on site-specific soil investigations performed by a California Certified Engineering Geologist or Geotechnical Engineer. All recommendations from the engineering report shall be incorporated into the residential development design. The design shall ensure the suitability of the subsurface materials for adequately supporting the proposed structures and include appropriate mitigations to minimize the potential damage due to liquefaction. Hazards and Hazardous Materials 54. That the applicant shall install fire sprinklers and a fire alarm system monitored by an approved central station as required by the Fire Marshal prior to the final inspection for building permit. 55. That prior to demolition of the existing structures on the site, a survey shall be performed to determine if there is any presence of asbestos. The person who performs the survey must be Cal - OSHA certified. If asbestos is found, the BAAQMD (Bay Area Air Quality Management District) shall be immediately notified and the applicant shall comply with asbestos removal requirements. Hydrology and Water Quality 56. The project applicant shall prepare and implement a storm water pollution prevention plan (SWPPP) for all construction activities at the project site. At a minimum, the SWPPP shall include the following: a. A construction schedule that restricts use of heavy equipment for excavation and grading activities to periods where no rain is forecasted during the wet season (October 1 thru April 30) to reduce erosion associated intense rainfall and surface runoff. The construction CITY OF BURLINGAME PLANNING COMMISSION — Approved Minutes September 9, 2013 schedule shall indicate a timeline for earthmoving activities and stabilization of disturbed soils; b. Soil stabilization techniques such as covering stockpiles, hydroseeding, or short-term biodegradable erosion control blankets; C. Silt fences, compost berms, wattles or some kind of sediment control measures at downstream storm drain inlets; d. Good site management practices to address proper management of construction materials and activities such as but not limited to cement, petroleum products, hazardous materials, lifter/rubbish, and soil stockpile; and e. The post -construction inspection of all drainage facilities and clearing of drainage structures of debris and sediment. 57. The project shall comply with Ordinance 1503, City of Burlingame Storm Water Management and Discharge Control Ordinance. 58. The project shall comply with Ordinance 1845, City of Burlingame Water Conservation in Landscape Ordinance. 59. That all surface storm water runoff created during construction and future discharge from the site shall be required to meet National Pollution Discharge Elimination System (NPDES) standards as adopted by the City of Burlingame. Noise 60. That all construction shall be done during the hours of construction imposed by the City of Burlingame Municipal Code; these hours are between 7:00 a.m. and 7:00 p.m. on weekdays, 9:00 a.m. and 6:00 p.m. on Saturdays and 10:00 a.m. to 6:00 p.m. on Sundays. There shall be no construction on holidays. 61. To reduce daytime noise impacts due to construction, the project sponsor shall require construction contractors to implement the following measures: a. Equipment and trucks used for project construction shall use the best available noise control techniques (e.g., improved mufflers, equipment redesign, use of intake silencers, ducts, engine enclosures, and acoustically -attenuating shields or shrouds, wherever feasible). b. Stationary noise sources shall be located as far from adjacent receptors as possible, and they shall be muffled and enclosed within temporary sheds, incorporate insulation barriers, or other measures to the extent feasible. 62. That the method of construction and materials used in construction shall insure that the interior noise level within the building and inside each unit does not exceed 45 dBA in any sleeping area. Trans portationlTraffic 63. The project sponsor shall obtain approval for a Parking Variance for satisfying off-street parking requirements with parking lifts. 0 CITY OF BURLINGAME PLANNING COMMISSION — Approved Minutes September 9,201' 3 64. Klaus #26061-190 (or comparable) parking lifts shall be installed in the garage of each residenlial unit, with the following conditions: a. The parking lifts shall be properly illuminated to provide safety for easy loading and unloading, while not causing excessive glare. b. Sound absorption materials will be used to minimize any excessive noisefrom the operation of the parking lifts. C. Signage shall be installed in each garage explaining the proper use of the lifts and emergency contact information for lift maintenance or problems. d. The applicant shall be required to work with the manufacturer during construction to review issues related to installation of the parking lifts and to receive operational and safetytraining of the parking lifts. e. The final design of the parking lifts shall be subject to the review and approval of the Community Development Director. 65. A minimum of ten (10) parking spaces shall be permanently maintained on the same lot with the building. 66. At any time a minimum of three (3) residential units shall maintain operational parking lifts capable of accommodating two (2) passenger vehicles each. 67. Project sponsors shall provide adequate secure bicycle parking in the Plan Area at a minimum ratio of one bicycle spot for every 20 vehicle spots. The motion was seconded by Commissioner Sargent. Discussion of motion: None. Chair Sargent called for a voice vote on the motion to approve. The motion passed 7-0-0-0. Appeal procedures were advised. This item concluded at 8:12 p.m. 10 CITY OF BURLINGAME City Hall — 501 Primrose Road Burlingame, California 94010-3997 September 26, 2013 Alex Mortazavi Primevere, LLC 851 Burlway Road, Suite 710 Burlingame, CA 94010 Re: 1225 Floribunda Avenue Dear Mr. Mortazavi, Since there was no appeal to or suspension by the City Council, the September 9, 2013, Planning Commission approval of your application for Design Review, Condominium Permit, Parking Variance, and Tentative Condominium Map became effective September 19, 2013. This application was for a 6 -unit residential condominium project at 1225 Floribunda Avenue, zoned R-3. The September 9, 2013 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 Division date stamped July 10, 2013, sheets A-01 through A-10, L-1, and G-1, with the following modifications, details of which shall be submitted to the Planning Commission for approval as an FYI, prior to building permit issuance: ' a. The interior clearance height of the garages shall be increased to a minimum of 11'-8" measured from floor to ceiling in order to permit the parking of sport utility vehicles on the parking lifts.; b. The vegetable/garden planter boxes will be configured with clear access and walkable (i.e. surfaced with a material that allows ease of passage) pathways to allow access to each plot without disrupting plantings; C. The pedestrian entrance along the western (right) side of the property will be enhanced to emphasize pedestrian access with elements such as a wider pathway, seating, lighting, and/or landscape design features. d. Details of all exterior finishing materials, including roofing material, shall be provided. 2. 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; l:: Register online to receive City of Burlingame e-mail updates at www.burlingame.org U COMMUNITY DEVELOPMENT DEPARTMENT 6uttL!NC.(iME Planning Division PH: (650) 558-7250 FAX: (650) 6963790 Since there was no appeal to or suspension by the City Council, the September 9, 2013, Planning Commission approval of your application for Design Review, Condominium Permit, Parking Variance, and Tentative Condominium Map became effective September 19, 2013. This application was for a 6 -unit residential condominium project at 1225 Floribunda Avenue, zoned R-3. The September 9, 2013 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 Division date stamped July 10, 2013, sheets A-01 through A-10, L-1, and G-1, with the following modifications, details of which shall be submitted to the Planning Commission for approval as an FYI, prior to building permit issuance: ' a. The interior clearance height of the garages shall be increased to a minimum of 11'-8" measured from floor to ceiling in order to permit the parking of sport utility vehicles on the parking lifts.; b. The vegetable/garden planter boxes will be configured with clear access and walkable (i.e. surfaced with a material that allows ease of passage) pathways to allow access to each plot without disrupting plantings; C. The pedestrian entrance along the western (right) side of the property will be enhanced to emphasize pedestrian access with elements such as a wider pathway, seating, lighting, and/or landscape design features. d. Details of all exterior finishing materials, including roofing material, shall be provided. 2. 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; l:: Register online to receive City of Burlingame e-mail updates at www.burlingame.org U September 26, 2013 1225 Floribunda Avenue Page 2 3. that the property owner shall be responsible for implementing and maintaining all tree protection measures throughout construction for all existing trees including the existing tree in the planter strip in front of the property; 4. that this proposal shall comply with all the requirements of the Tree Protection and Reforestation Ordinance adopted by the City of Burlingame in 1993 and enforced by the Parks Department; complete landscape and irrigation plans shall be submitted at the time of building permit application; 5. that the maximum elevation at the top of the roof ridge shall not exceed elevation 65.26' as measured from the average elevation at the top of the curb along Floribunda Avenue (21.591) for a maximum height of 43'-7 7/8", 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 garage floor finished floor elevation shall be elevation 23.60'; first floor finished floor shall be elevation 24.68'; second floor finished floor shall be elevation 36.43; third floor finished floor shall be elevation 47.60'. 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; 6. 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; 7, that the conditions of the Chief Building Official memos dated June 17, 2013; March 5, 2013; October 19, 2012; the Parks Division memos dated April 25, 2013; March 11, 2013; October 22, 2012; the City Engineer's memos dated December 18, 2012 and September 4, 2013; the Fire Marshal's memo dated October 29, 2013.; and the Stormwater Division memos dated May 1, 2013; March 14, 2013; October 22, 2013 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 enter into an agreement with the City to establish the affordability of the one (1) below market rate unit 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 meeting 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; 10. that the `service vehicle stall' shall be marked on the service parking space and designated on the final map and plans, this stall shall not be assigned to any unit, but shall be owned and maintained by the condominium association, and the service vehicle stall shall always be accessible for parking and not be separately enclosed or used for resident storage; 11, that the Covenants Conditions and Restrictions (CC&Rs) for the condominium project shall require that the service vehicle stall shall be reserved for service vehicles or guests only and shall not be used by condominium residents; 1 .: Register online to receive City of Burlingame e-mail updates at www.burlingame.org " September 26, 2013 1225 Floribunda Avenue Page 3 12. that the final inspection shall be completed and a certificate of occupancy issued before the close of escrow on the sale of each unit; 13. 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; 14. 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; 15. that any security gate system across the driveway shall be installed a minimum 20'-0' back from the front property line; 16. that the guest entrance gate 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; 17. that prior to under floor 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; 18. that all runoff created during construction and future discharge from the site shall be required to meet National Pollution Discharge Elimination System (NPDES) standards; 19, that the applicant shall submit an erosion and sedimentation control plan describing BMPs (Best Management Practices) to be used to prevent soil, dirt and debris from entering the storm drain system; the plan shall include a site plan showing the property lines, existing and proposed topography and slope; areas to be disturbed, locations of cut/fill and soil storage/disposal areas; areas with existing vegetation to be protected; existing and proposed drainage patterns and structures; watercourse or sensitive areas on-site or immediately downstream of a project; and designated construction access routes, staging areas and washout areas; 20. that methods and procedures such as sediment basins or traps, silt fences, straw bale dikes, storm drain inlet protection such as soil blanket or mats, and covers for soil stock piles to stabilize denuded areas shall be installed to maintain temporary erosion controls and sediment control continuously until permanent erosion controls have been established; 21, that construction access routes shall be limited in order to prevent the tracking of dirt onto the public right-of-way, clean off-site paved areas and sidewalks using dry sweeping methods; 22. that if construction Is done during the wet season (October 15 through April 15), that prior to October 15 the developer shall implement a winterization program to minimize the potential for erosion and polluted runoff by inspecting, maintaining and cleaning all soil erosion and sediment control prior to, during, and immediately after each storm even; stabilizing disturbed :: Register online to receive City of Burlingame e-mail updates at www.burlingame.org 11 September 26, 2013 1225 Floribunda Avenue Page 4 soils throughout temporary or permanent seeding, mulching matting, or tarping; rocking unpaved vehicle access to limit dispersion of mud onto public right-of-way; covering/tarping stored construction materials, fuels and other chemicals; 23. that common landscape areas shall be designed to reduce excess irrigation run-off, promote surface filtration and minimize the use of fertilizers, herbicides and pesticides; 24. 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; 25, that this project shall comply with Ordinance 1845, the City of Burlingame Water Conservation in Landscaping Regulations, and complete landscape and irrigation plans shall be provided at the time of building permit application; 26. 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; 27. that all new utility connections to serve the site, and which are affected by the development, shall be installed to meet current code standards and local capacities of the collection and distribution systems shall be increased at the developer's expense if necessary; 28. that all utilities to this site shall be installed underground. Any transformers needed for this site shall be installed underground or behind the front setback on this site; 29. that sewer laterals from the site to the public sewer main shall be checked and shall be replaced to city standards as required by the development; 30. that all abandoned utilities and hookups shall be removed; 31, that all drainage (including water from the below grade parking garage) on site shall be required to be collected and pumped to the street as determined by the Public Works Department; 32, that demolition of the existing structures and any grading or earth moving on the site shall be required to comply with all the regulations of the Bay Area Air Quality Management District; 31 that the applicant shall install fire sprinklers and a fire alarm system monitored by an approved central station prior to the final inspection for building permit; 34. that all construction shall abide by the construction hours established in the Municipal Code; 35. that the applicant shall comply with Ordinance 1645, the City of Burlingame Recycling and Waste Reduction Ordinance, and shall submit a waste reduction plan and recycling deposit for demolition and new construction, before receiving a demolition permit; 36. that this project shall comply with Ordinance No. 1477, Exterior Illumination Ordinance; and 11 Register online to receive City of Burlingame e-mail updates at www.burlingame.org September 26, 2013 1225 Floribunda Avenue Page 5 37. that the project shall be required to comply with all the standards of the California Building and Fire Codes, in effect at time of building permit issuance, as amended by the City of Burlingame. The following four (4) conditions shall be met during the Building Inspection process prior to the inspections noted in each condition: 38. that prior to scheduling the foundation inspection a licensed surveyor shall locate the property corners, set the building envelope; 39. 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 Department; 40. 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; 41. 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; Mitigation Measures from Initial Study Aesthetics 42. The project sponsor shall be subject to the design review process to evaluate the aesthetics of the construction of a residential condominium in the Downtown Specific Plan R-3 District, Air Quality 43. During construction, the project sponsor shall ensure implementation of the following mitigation measures during project construction, in accordance with. BAAQMD standard mitigation requirements: a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. b. All haul trucks transporting soil, sand, or other loose material off-site shall be covered, C. 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 sweeping is prohibited. d. All vehicle speeds on unpaved roads shall be limited to 15 mph. H Register online to receive City of Burlingame e-mail updates at www.burlingame.org 11 September 26, 2013 1225 Floribunda Avenue Page 6 e. All roadways, driveways, 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. f. Idling times shall be minimized either by shutting off equipment when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of the California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. g. 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. h. Post a publicly visible sign with the telephone number and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District's phone number shall also be visible to ensure compliance with applicable regulations. 44. The project sponsor shall implement the following GHG reduction measures during construction activities: a. Aitemative-Fueled (e.g., biodiesel, electric) construction vehicles/equipment shall make up at least 15 percent of the fleet; b. Use at least 10 percent local building materials; and C. Recycle at least 50 percent of construction waste or demolition materials. 45. The project shall include a common facility for trash disposal, recycling; and composting as shown on the project plans date stamped July 10, 2013. 46. The project sponsor shall participate in all residential recycling and composting programs offered by the solid waste provider to multifamily residential customers. This shall include the composting program, currently offered as an optional service. Biological Resources 47. The applicant shall comply with the City's on-site reforestation requirements as approved by the City Arborist. 48. That a certified arbodst's report showing how the existing trees to remain will be protected during construction, to be approved by the Parks Department, shall be prepared prior to issuance of a building permit; the approved tree protection plan shall be implemented prior to any construction on the site. 49. Construction under the Downtown Specific Plan shall avoid the March 15 through August 31 avian nesting period to the extent feasible. If it is not feasible to avoid the nesting period, a survey for nesting birds shall be conducted by a qualified wildlife biologist no earlier than 7 H Register online to receive City of Burlingame e-mail updates at www.burlingame.org :: September 26, 2013 1225 Floribunda Avenue Page 7 days prior to construction. The area surveyed shall Include all clearing/construction areas, as well as areas within 250 ft. of the boundaries of these areas, or as otherwise determined by the biologist. In the event that an active nest is discovered, clearing/construction shall be postponed within 250 ft. of the nest, until the young have fledged (left the nest), the nest is vacated, and there is no evidence of second nesting attempts. Cultural Resources 50. In the event that any prehistoric or historic subsurface cultural resources are discovered during ground disturbing activities, all work within 100 feet of the resources shall be halted and after notification, the City shall consult with a qualified archaeologist and Native American representative to assess the significance of the find. If any find is determined to be significant (CEQA Guidelines 15064.5[a][3] or as unique archaeological resources per Section 21083.2 of the. California Public Resources Code), representatives of the City and a qualified archaeologist shall meet to determine the appropriate course of action. In considering any suggested mitigation proposed by the consulting archaeologist in order to mitigate impacts to historical resources or unique archaeological resources, the lead agency shall determine whether avoidance is necessary and feasible in light of factors such as the nature of the find, project design, costs, and other considerations. If avoidance is infeasible, other appropriate measures (e.g., data recovery) shall be instituted. Work may proceed on other parts of the project site while mitigation for historical resources or unique archaeological resources is carried out. 51. If paleontological resources, such as fossilized bone, teeth, shell, tracks, trails, casts, molds, or impressions are discovered during ground -disturbing activities, work will stop in that area and within 100 feet of the find until a qualified paleontologist can assess the significance of the find and, if necessary, develop appropriate treatment measures in consultation with the City of Burlingame. 52. If human remains are discovered at any project construction sites during any phase of construction, all ground -disturbing activity 100 feet of the resources shall be halted and the City of Burlingame and the County coroner shall be noted immediately, according to Section 5097.98 of the State Public Resources Code and Section 7050.5 of California's Health and Safety Code. If the remains are determined by the County coroner to be Native American, the Native American Heritage Commission (NAHC) shall be notified within 24 hours, and the guidelines of the NAHC shall be adhered to in the treatment and disposition of the remains. The project applicant shall also retain a professional archaeologist with Native American burial experience to conduct a field investigation of the specific site and consult with the Most Likely Descendant, if any, identified by the NAHC. As necessary, the archaeologist may provide professional assistance to the Most Likely Descendant, including the excavation and removal of the human remains. The City of Burlingame shall be responsible for approval of recommended mitigation as it deems appropriate, taking account of the provisions of State law, as set forth in CEQA Guidelines section 15064.5(e) and Public Resources Code section 5097.98. The project applicant shall implement approved mitigation, to be verified by the City of Burlingame, before the resumption of ground -disturbing activities within 100 feet of where the remains were discovered. Geology and Soils 11 Register online to receive City of Burlingame e-mail updates at www.burlingame.org :: 1 September 26, 2013 1225 Floribunda Avenue Page 8 53. The project sponsor shall submit a detailed design level geotechnical investigation to the City of Burlingame Building Division for review and approval, The investigation shall include recommendations to develop foundation and design criteria in accordance with the most recent California Building Code requirements. All foundations and other improvements shall be designed by a licensed professional engineer based on site-specific soil investigations performed by a California Certified Engineering Geologist or Geotechnical Engineer. All recommendations from the engineering report shall be incorporated into the residential development design. The design shall ensure the suitability of the subsurface materials for adequately supporting the proposed structures and include appropriate mitigations to minimize the potential damage due to liquefaction. Hazards and Hazardous Materials 54. That the applicant shall install fire sprinklers and a fire alarm system monitored by an approved central station as required by the Fire Marshal prior to the final inspection for building permit. 55. That prior to demolition of the existing structures on the site, a survey shall be performed to determine if there is any presence of asbestos. The person who performs the survey must be Cal -OSHA certified. If asbestos is found, the BAAQMD (Bay Area Air Quality Management District) shall be immediately notified and the applicant shall comply with asbestos removal requirements. Hydrology and Water Quality 56. The project applicant shall prepare and implement a storm water pollution prevention plan (SWPPP) for all construction activities at the project site. At a minimum, the SWPPP shall include the following: a. A construction schedule that restricts use of heavy equipment for excavation and grading activities to periods where no rain is forecasted during the wet season (October 1 thru April 30) to reduce erosion associated intense rainfall and surface runoff. The construction schedule shall indicate a timeline for earthmoving activities and stabilization of disturbed soils; b. Soil stabilization techniques such as covering stockpiles, hydroseeding, or short-term biodegradable erosion control blankets; C. Silt fences, compost berms, wattles or some kind of sediment control measures at downstream storm drain inlets; d. Good site management practices to address proper management of construction materials and activities such as but not limited to cement, petroleum products, hazardous materials, litter/rubbish, and soil stockpile; and e. The post -construction inspection of all drainage facilities and clearing of drainage structures of debris and sediment. 11 Register online to receive City of Burlingame e-mail updates at www.burlingame.org N September 26, 2013 1225 Floribunda Avenue Page 9 57. The project shall comply with Ordinance 1503, City of Burlingame Storm Water Management and Discharge Control Ordinance. 58. The project shall comply with Ordinance 1845, City of Burlingame Water Conservation in Landscape Ordinance. 59. That all surface storm water runoff created during construction and future discharge from the site shall be required to meet National Pollution Discharge Elimination System (NPDES) standards as adopted by the City of Burlingame. Noise 60. That all construction shall be done during the hours of construction imposed by the City of Burlingame Municipal Code; these hours are between 7:00 a.m, and 7:00 p.m. on weekdays, 9:00 a.m. and 6:00 p.m. on Saturdays and 10:00 a.m. to 6:00 p.m. on Sundays. There shall be no construction on holidays. 61. To reduce daytime noise impacts due to construction, the project sponsor shall require construction contractors to implement the following measures: a. Equipment and trucks used for project construction shall use the best available noise control techniques (e.g., improved mufflers, equipment redesign, use of intake silencers, ducts, engine enclosures, and acoustically -attenuating shields or shrouds, wherever feasible). b. Stationary noise sources shall be located as far from adjacent receptors as possible, and they shall be muffled and enclosed within temporary sheds, incorporate insulation barriers, or other measures to the extent feasible. 62. That the method of construction and materials used in construction shall insure that the interior noise level within the building and inside each unit does not exceed 45 dBA in any sleeping area. TransportationlTraffic 63. The project sponsor shall obtain approval for a Parking Variance for satisfying off-street parking requirements with parking lifts, 64. Klaus #26061-190 (or comparable) parking lifts shall be installed in the garage of each residential unit, with the following conditions: a. The parking lifts shall be properly illuminated to provide safety for easy loading and unloading, while not causing excessive glare. b. Sound absorption materials will be used to minimize any excessive noise from the operation of the parking lifts. 111 Register online to receive City of Burlingame e-mail updates at www.burlingame.org .. September 26, 2013 1225 Floribunda Avenue Page 10 C. Signage shall be installed In each garage explaining the proper use of the lifts and emergency contact information for lift maintenance or problems. d. The applicant shall be required to work with the manufacturer during construction to review issues related to installation of the parking lifts and to receive operational and safety training of the parking lifts. e. The final design of the parking lifts shall be subject to the review and approval of the Community Development Director. 65. A minimum of ten (10) parking spaces shall be permanently maintained on the same lot with the building. 66. At any time a minimum of three (3) residential units shall maintain operational parking lifts capable of accommodating two (2) passenger vehicles each. 67. Project sponsors shall provide adequate secure bicycle parking in the Plan Area at a minimum ratio of one bicycle spot for every 20 vehicle spots. 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. Sincerely, William Meeker Community Development Director c. Tony Leung 1325 Cabrillo Avenue Burlingame, CA 94010 Chief Deputy Valuation, Assessor's Office (LOT F BLOCK 5 BURLINGAME LAND CO MAP NO 2 RSM D138; APN: 029-132-040) Chief Building Official, Community Development Dept.Building Div. File H Register online to receive City of Burlingame e-mail updates at www.burlingame.org C: .. OWNER'S STATEMENT 1 HEREBY STATE THAT WE ARE THE OWNER OF, OR HAVE SOME RIGHT, TITLE OR INTEREST IN AND TO THE REAL PROPERTY INCLUDED WITHIN THE SUBDIVISION SHOW UPON THIS MAP, AND WE ARE THE ONLY PERSONS WHOSE CONSENT IS NECESSARY TO PASS CLEAR TITLE TO SAID PROPERTY, AND WE HEREBY CONSENT TO THE MAKING AND FILING OF SAID MAP AND SUBDIVISION AS SHOW! WITHIN THE DISTINCTIVE BORDER UNE. AS OWNERS: ZERS FLORIBUNDA, LLC, A CALIFORNIA LIMITED LABILITY COMPANY BY: _ JIANOUANG ZHANG TITS: CHIEF EXECUTIVE MANAGER TONY LEUNG AND EDITH LEUNG. AS TRUSTEES OF THE LEUNG FAMILY TRUST U.D.T. DATED MARCH 16,.2010 TONY LEUNG, TRUSTEE WITH LEUNG, TRUSTEE OWNER'SACKNOWLEU ENT STATE OF SS COUNTY OF ON 20_ BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HFJSHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CARACITY(IES), AND THAT BY HIS/HER/THBR SIGNATURE(S) ON THE INSTRUT�)BNT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) AGTBD, EXECUTED THE INSTRIMIENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FORGOING IS TRUE AND .CORRECT. WITNESS MY HAND AND OFFICIAL SEAL SIGNATURE- PRINTED IGNATUREPRINTED NOTARY'S NAME: COMMISSION NUMBER AND EXPIRATION: PRINCIPAL PLACE OF BUSINESS: SURVEYOR'S STA THIS MAP WAS PREPARED B ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN CONFORMARCE NTH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORBINAN& AT THE REQUEST OF TONY LEUNG IN APRIL 2010. I HEREBY STATE THAT THIS PARCEL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY, AND THAT ALL THE MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED AND ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. DATED DYLAN GONSALVES PLS 8475 ORIS SPATE OF COUNTY OF ON 20_ BEFORE ME, A NOTARY PUBLIC. IN AND FOR SAID STATE, PERSONALLY APPEARED PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HISMER/THEIR AUTHORIZED CAPAOTY(IES), AND THAT BY HIS/HER/THEIR SKRNATIIRE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, FXEGUTW THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FORGOING IS TRUE AND CORRECT. WITNESS MY HAND AND OFFICIAL SEAL: SIGNATURE PRINTED NOTARYS NAME _ COMMISSION NUMBER AND EXPIRATION: PRINCIPAL PLACE OF BUSINESS: _ CITY ENf3 BTE T6116MT HEREBY STATE THAT 1 HAVE EXAMINED THIS MAP AND HAVE FOUND THAT THE SUBDIVISION SHOWN HEREON IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP.ANDANY ARAOWD ALTERATIONS THEREOF: THAT THE MAP CONFORMS TO CHAPTER 2 OF THE SOIVISION MAP ACP AND THAT THE MAP . COMPLIES WTH LOCAL ORDINANCES A PLCABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP. APPROVAL WAS RECOMMENDED BY THE PLANNING COMMISSION ON DATED ART MORIMOTO, R.C.E. 42634 ASSISTANT DIRECTOR OF PUBUC WORKS CITY OF BURLINGAME PARCLE�E�Ly1``"" [1W, UM FORCONDOMIN BEINGASUBDMSIONOFTHELAN QF, IFLgMg"A, L.(.0 LEUNO PAMILYTRUBTAt�, IN DED MAYS, 4014, MA7EO WUNTY .. CONSISTING OF TWO SHEETS CRY OF BURLLNOAMB SAN MATED COUNTY CALIFORNIA FEBRWMY2DI5' DMG ENGINEERING, INC. SOOAKVUECT,PLEASRNTWLL,OA o$m PHONE (926) 7B74AN • FAX (4ZO287-608 99140TY RECORDER'S STATEMENT FILED THIS _ DAY OF 20— AT M, IN BRQK OF PARCEL MAPS AT PAGES AT THE R—REQUEST OF TONY LEUNG. FILE N.: FEE: MARK CHURCH, SAN MATEO COUNTY RECORDER BY: DEPUTY RECORDER CITY GI WS STATEMENT I. MARY ELLEN KEARNEY, CITY CLERK OF THE CITY OF BURUNGAME, STATE OF CAMFDRNIA, HEREBY STATE THAT THE CITY COUNCIL OF SAID CITY APPROVED THE WITHIN AERP ON DATED MARY ELLEN KEARNEY CITY CLERK CITY OF BURLINGAME, CALIFORNIA DUTY YOR'S STATEMENT I HAVE EXAMINED THIS MM ON BEHALF OF THE CITY OF BURLINGAME AND I AM SATISFIED THAT THE SURVEY DATA SHOWN THEREON IS TECHNICALLY CORRECT. DATED FREDERICK T. SEHER, LS 6216 ACTING 01 -FY SURVEYOR, CITY OF BURLINGAME A=lt ,zj , SUBDIVISION BOUNDARY— EXIERIOR RIGHT-OF-WAY LINE TIE LINE - MO. NAIL AND TAG AS NOTED M FND, IRGN PIPE AS NOTED FND. OUT CROSS AS NOTED X SET 5/8" R®AR @ PLASTIC 0 CAP STAMPED 'PLS 5476" RECORD DATA ( ) FOUND FND. UNKNOWN ORIGIN U.O. SAN MATED COUNTY OFFICIAL RECORDS: R1 SUB. "MAP NO. 2 OF THE PROPERTY OF THE BURUNGAME LAND CO.' 3 RSM 55 R2 PARCEL MAP, 71 PM 31 THE CALdILApTWM0N RTN FOUND" EAST A9 C`ALC6HAFWN3%FIXi T "X' LONG A3 O, CNP paMAP 71 P)A 31MT( NTY' DS, NATE; PARCP- ONE TO BE DEVELOPED MU -1 SIX (6) CONDOMINIUM UNITS AND COMMON AREA PARCEL UAP FORCO(TO[ M" I! BEING ABUBDNI810N OF THE LAN9$OF FLORIBUNDA, LLC AND LEUNG FNULYTRUST; 'p�p REGORGED MAY 0, 2010. l�D, 9-M4� 3MV,•BATI MATEOCO6RELQRD$ CONSISTING OF TWO SHEER CITY OF SURUN SANMATED CO CALIFORNIA SCALrzl%)W X2315 DMG ENGINEERING INC. 30 OAKWE CT, PLEASANT {ALL, GA 8A623 PHONE (GS) M-0463 • FAX(S26) 257-8608 7"=30' FLORIBUNDA AVENUE (60' R,/W) FNB 3/4' IRON PIPE WiTN TAC STAMPED 'RCE 20858" PER R2 4" 57AM FW17HNO 3/TAG SIT PE0 PIPE FNDCON COT "C W 9B "LS 2917" PER R2 N48'00'19"W CONCRETE CURB PER R2 NB6"'E 11.73' (iL7riL R2) BASS 0' WARIIVG:: R�CQ OR A^430132• 53T53'ti"W 0.50, —. _ N47'3Y14"E- 94g�_ 11,73' FND 3/4` R�0001 \ _ OPEN IP, UO ( 52'OB° I L�T625 53Y53'11'W S371W40"W N37112'4B"E N37Y12'46"E R=516.00 537Vi'S4"W S3701'54W-00 HELD R2 'a' G 48.98' P (50' R1) ' 'S4"W R2) (S37G1'W R2 ) (53]'01'54°W R2) 60.00' HEM R1 DISTANT U) q c9 9.98' 49,96' P (50' R1) 49,98' P (60' R1) 50.00' 60.00' 98' P (1^ v FOUND OPEN 1 PARCEL 5/8' REBAR, DD D I LOT H ONE PARCEL M k- 0 71 PM 31 d e m Na z `^ m LOT J W UI `�-�$ a a I�1 1 I I O END NAIL AND 3/4" . bio m oil } w LOT K g RCE TAO STAMPED ' p "RCE '!� a C 20858" PFR R2 I n 1 - LOT E 1 LOT F I LOT G LOT I LOT L S35 -2'08"W S35'24'OB"W S3524'OB'W 535'24'08'W 535'2408W 50.56' (50.58' III.- S35'24'08" W 128.54' (128.58' RI) 50.65 P (60.67' 111 0655' PP (50.67' R1) 50.65' P (50.67' R1) 50.86' P (50.67' RI) O LOT 2 LOT 1 LOT 3 7"=30' aBURP STAFF REPORT AGENDA NO: 8d MEETING DATE: April 6, 2015 To: Honorable Mayor and City Council Date: April 6, 2015 From: Ana Maria Silva, Executive Assistant — (650) 558-7204 Subject: Open Nomination Period to Fill One Vacancy on the Library Board of Trustees RECOMMENDATION Staff recommends that the City Council call for applications to fill one impending vacancy on the Library Board of Trustees. The recommended due date is June 19, 2015. This will allow applicants three opportunities (April 21, May 19 and June 16) to attend a Library Board meeting. BACKGROUND The City's current commissioner appointment procedure calls for any Commissioner desiring reappointment to apply in the same manner as all other candidates. All past applicants on the two-year waitlist will be informed of the vacancy. 1 BURLIfVG kME STAFF REPORT AGENDA NO: 8e I J01 MEETING DATE: April 6, 2015 To: Honorable Mayor and City Council Date: April 6, 2015 From: William Meeker, Community Development Director — (650) 558-7255 Subject: Approval of Planning Manager's Attendance at an Out -of -State Conference (National Adaptation Forum) RECOMMENDATION The City Council is asked to approve the attendance of the Planning Manager (Kevin Gardiner) at the National Adaptation Forum to be held in St. Louis, Missouri from May 12-14, 2015. BACKGROUND The National Adaptation Forum is a biennial conference founded by a group of professionals from the private and public sectors concerned about the need to respond to and prepare for the effects of climate change in the United States. It represents a collective effort to enhance the resilience of the nation's communities and economy in the face of a changing climate through open participation from individuals across the country. Training and sessions aim to cross sector boundaries in an effort to demonstrate the integrated nature of successful adaptation. The national forum is held every two years, and state and regional forums are held in the alternating years. The Planning Manager will attend formal trainings, facilitated practitioner presentations, and informal discussion groups with the intent of identifying issues and strategies that could be relevant to Burlingame. Attached is the description from the conference website (htto://nationaladaDtationforum. org). The estimated cost for travel, accommodations, registration and food for the conference is approximately $1,500. FISCAL IMPACT Funds are available in the FY2014-2015 Planning Division Budget. Exhibit: • National Adaptation Forum Description 1 About I National Adaptation Forum Page 1 of 2 National Adaptation Forum Action today for a better tomorrow May 12-14, 2015 - St. Louis, Missouri HOME I ABOUT I CALL FOR PROPOSALS I REGISTRATION LOGISTICS SPONSORS & EXHIBITORS OTHER ADAPTATION EVENTS About Overview Welcome to the National Adaptation Forum. The National Adaptation Forum gathers the adaptation community to foster knowledge exchange, innovation and mutual support for a better tomorrow. Join the convening of adaptation practitioners from around the country focused on moving beyond adaptation awareness and planning to adaptation action. The National Adaptation Forum includes opportunities for professional development through formal trainings, facilitated practitioner presentations, and informal exchange of Information all at a single venue. This event affords attendees the opportunity to learn more about how to make their work climate smart, share what they have learned with others, and develop a stronger network to be climate savvy in all that they do. We are at a pivotal moment where we see risk and vulnerability to the impacts of climate change entering into the discourse of decision makers at all levels of policy and natural resource management. Managers working at a local, state, regional, and federal level are beginning to respond to climate impacts. However the field of climate change adaptation is still in its infancy and too many are reinventing instead of innovating. With climate change jeopardizing our past, present, and future management and conservation efforts; the need for a conversation around practical climate adaptation has never been greater. The goal of the National Adaptation Forum convening is to develop a program that provides guidance through the steps of the adaptation process, as well as across the spectrum of adaptation activities in the United States today. Trainings and sessions should aim to be cross - sectoral in an effort to demonstrate the integrated nature of successful adaptation. As such they should engage multiple perspectives, either across sectors, geographies or stakeholders (e.g. national, tribal, regional, state, local, private, non-profit, educational). Our Goals Provide a professional development opportunity for the adaptation inclined About History/Origins Resources Steering Committee Program Committee Related Content 2013 National Adaptation Forum Program 2013 National Adaptation Forum Agenda and Presentations http://nationaladaptationforum.org/about 3/23/2015 About I National Adaptation Forum 2 Contribute to the development of a community of practice around climate L change adaptation �3. Create a venue for practitioners to share information, progress and strategy J together, building capacity of the community as a whole and the individual 4 Supporting on the ground implementation by providing managers and regional experts with a venue to exchange knowledge of and tools for incorporating climate change into their work About Logistics Privacy Policy & Call for Proposals Webinars Terms of Use Registration Sponsors & Contact Us Steering Committee Exhibitors Newsletter Signup Program Committee FAQ Page 2 of 2 http://nationaladaptationforum.org/about 3/23/2015 a STAFF REPORT To: Honorable Mayor and City Council Date: April 6, 2015 From: Carol Augustine — (650) 558-7222 AGENDA N0: 8f MEETING DATE: Apri16, 2015 Subject: Adoption of a Resolution of Intent to Amend the City of Burlingame Master Fee Schedule Effective July 3, 2015; and Set the Public Hearing for Such Amendment for Mav 4. 2015 RECOMMENDATION Staff recommends that the City Council adopt a resolution of intent to amend the City's Master Fee Schedule, and establish a public hearing for May 4, 2015, in connection with such amendment. BACKGROUND The City Council has traditionally approved a Master Fee Schedule as part of the budget process. Since fiscal year 2003-04, City user fees have been adjusted to reflect the annual increase in costs that are adopted for the ensuing budget. The fee adjustments are not automatic. They require an annual review and approval by the City Council. The Master Fee Schedule reflects fees charged by all City departments. It is usually amended annually so that fees reflect current costs to provide services, to add fees when applicable for new City services, and/or to eliminate fees for discontinued services. The fee schedule was not revised for fiscal years 2009-10 or 2010-11 because the cost of providing City services did not increase due to budget reductions and decreases in personnel. In more recent fiscal years, some City fees were increased based on increases in CPI, as personnel and other departmental budgets reflected higher costs of services. The City's Cost Allocation Plan (CAP) and a comprehensive user -fee study were last reviewed and updated in 2007 in preparation for adoption for fiscal year 2008-09. The structure of the City's organization and the manner in which services are provided have changed significantly over the past six years as a result of the stresses that the economic downturn placed on all City resources. The City recently contracted with Chad Wohlford, a consultant specializing in user fees, to update the CAP and complete a user -fee study to determine the actual cost of providing City services paid for by user fees. Although the study is well underway, it will not be completed in time to inform the 2015-16 Master Fee Schedule development. 1 Master Fee Schedule Fiscal Year 2015-16 April 6,2015 The recommendations presented by staff will attempt to provide charges that keep pace with the costs of providing services, but are also competitive with comparable programs (where applicable) and are responsive to demands for the service within the community. DISCUSSION California law gives cities the ability to impose fees for governmental services when an individual's use of the City service is voluntary, and the fee charged is reasonable to the level of service and the cost of providing the service. The City's Master Fee Schedule is updated each year to reflect user fees that are intended to represent 100% cost recovery of fully burdened rates, with the exception of user fees that are highly sensitive and promote citizen engagement. Fully burdened rates include the cost of direct labor (direct staff time spent on service); indirect labor (administrative and supervisory time); and central services overhead (other budgetary support for the department providing service). To reflect general cost increases, some fees are increased based on the Bay Area Consumer Price Index (CPI), which increased 2.7% from December 2013. Pursuant to State law, certain fees to be charged by the Planning and Building Divisions, the Fire Department and the Engineering Division of the Public Works Department cannot become effective until 60 days after adoption of the adjusted fees as delineated in the attached Master Fee Schedule. Therefore, the fees in the updated Master Fee Schedule will become effective July 3, 2015. The draft Master Fee Schedule, including current fees and recommended changes, will be posted on-line at www.Burlingame.org at least 10 days prior to the scheduled public hearing, and will also be available in hard copy from the City Clerk at that time for review during regular business hours. FISCAL IMPACT Changes to the fee schedule to reflect higher costs of service should result in some additional revenue from charges for General Fund services in the new fiscal year. However, the actual amount of additional revenue will be difficult to calculate because the use of services is voluntary, and the volume of each activity will vary. Exhibit: • A Resolution of Intent of the City Council of the City of Burlingame to Amend the Master Fee Schedule for City Services 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME DECLARING ITS INTENTION TO AMEND THE MASTER FEE SCHEDULE FOR CITY SERVICES WHEREAS, the City of Burlingame regularly reviews the fees that the City charges persons or entities for the use of City facilities,or the provision of City services;and WHEREAS, in order to ensure that the cost of such services and facilities is borne by the users of said services and facilities in a fair and equitable manner,the City periodically adjusts the fees for services and facility use to ensure that the fees charged reflect the actual costs to the City and the City's taxpayers in providing those services and facilities;and WHEREAS, the fees reflected in the Master Fee Schedule will be carefully reviewed by each City department, and specific recommendations to amend fees will be provided to ensure that charges keep pace with the costs for providing City services,where appropriate;and NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: 1. The Burlingame City Council intends to amend the Master Fee Schedule. 2. The Master Fee Schedule,with proposed adjustments for fiscal year 2015-16,will be posted and available on-line at www.Burlingame.ong with the staff report associated with the May 4, 2015 public hearing related to Amendment of the Master Fee Schedule. 3. The Master Fee Schedule,with proposed adjustments for fiscal year 2015-16,will also be on file and available at the Office of the City Clerk at 501 Primrose Road, Burlingame, California, and will be available for review during regular business hours, 8 am to 5 pm, Monday through Friday, at least 10 days prior to the public hearing. 4. The City Council of the City of Burlingame hereby schedules a public hearing on the proposed amendments to the Master Fee Schedule for Monday,May 4,2015, at 7:00 pm, in the Council Chambers, Burlingame City Hall, 501 Primrose Road, Burlingame,California. 5. At the public hearing, the City Council will receive testimony and evidence, and interested persons may submit written comments before or at the public hearing,or such comments may be sent by mail or delivered to the City Clerk,Burlingame City Hall,501 Primrose Road Burlingame,CA 94010. 6. At the public hearing, any and all persons may make oral or written comments of the proposed amendments. 7. At the conclusion of the public hearing, the City Council will deliberate upon the proposed fees as outlined in the Master Fee Schedule, and will consider further amendments and adoption of the 2015-16 Master Fee Schedule. 8. All of the facts recited above, in the staff report and supporting documentation are true and correct and the Council relies upon same. Terry Nagel, Mayor I, Mary Ellen Kearney, City Clerk of the City of Burlingame, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the Burlingame City Council held on the 6th day of April, 2015, by the following vote to wit: AYES: Councilmembers NOES: Councilmembers: ABSENT: Councilmembers: Mary Ellen Kearney, City Clerk BURLlryGAME S TA F F REPORT AGENDA NO: 8g MEETING DATE: April 6, 2015 To: Honorable Mayor and City Council Date: April 6, 2015 From: William Meeker, Community Development Director — (650) 558-7255 Subject: Schedule a Public Hearing to Consider an Appeal of the Planning Commission's March 23, 2015 Denial of Requests for Adoption of a Negative Declaration and Approval of Applications for Design Review and a Special Permit for an Intrusion into the Declining Height Envelope, Related to Construction of a New Single -Family Dwelling at 1516 Howard Avenue RECOMMENDATION The City Council is asked to provide direction to staff to schedule the public hearing on the appeal of the Planning Commission's denial of land -use entitlements related to the construction of a new single-family residence at 1516 Howard Avenue for the April 20, 2015 regular meeting of the City Council. BACKGROUND At its meeting of March 23, 2015, the Planning Commission considered requests for land -use entitlements related to the construction of a new single-family dwelling at 1516 Howard Avenue. Following conclusion of the public hearing on the matter, the Commission voted to deny the requests. The applicant, Mark Robertson, submitted a timely appeal of the Commission's action (see attached appeal letter). Staff recommends that the City Council provide direction to staff to schedule a public hearing on the appeal for the April 20, 2015 regular meeting of the City Council. Exhibit: • March 26, 2015 Appeal Letter from Mark Robertson Design I MARK ROBERTSON DESIGN a 1 3/26/2015 ATTN: CITY OF BURLINGAME - CITY COUNCIL PROJECT: PROPOSED NEW RESIDENCE 1516 HOWARD AVENUE BURLINGAME, CA. 94010 APN : 028-291-040 ZONING: R1 11411 BIG1 MAR 2 7 2015 CITY CLERK'S OFFICE CITY OF BURLINGAME RE: APPEALING PALNNING COMMISSIONS DENIAL OF OUR PROJECT. TO WHOM IT MAY CONCERN: On March 23`d, 2015 the City of Burlingame Planning Commission denied our proposal to remove an existing, older, two story house and replacing it with a with a new two story house with a detached garage. We feel the Planning Commissions denial was outrageous and completely unjust and we would like to appeal their decision. Please find enclosed our $485.00 filing fee. Sincerely, Mark Robertson (Project designer and applicant). C.C. Peggy Statz (Property owner) 133 Costa Rica Ave. Burlingame, Ca. 94010 Cell: (650) 888-0325 c.c Ruben Hurin (City Planner) 918 E. GRANT PLACE, SAN MATEO, CALIF. 94402 U.S.A • TEL (650) 571-1125 • FAX: (650) 571-1399 9 BURLINGAME STAFF REPORT AGENDA NO: 8h MEETING DATE: April 6, 2015 To: Honorable Mayor and City Council Date: April 6, 2015 From: Lisa K. Goldman, City Manager— (650) 558-7243 Subject: Adoption of a Resolution Authorizing the City Manager to Execute an Agreement with the County of San Mateo for Continued Provision of Animal Control Services for a Five -Year Term Beginning July 1, 2015 RECOMMENDATION Staff recommends that the City Council adopt the attached Resolution authorizing the City Manager to execute an agreement with the County of San Mateo (the County) for continued provision of animal control services for a five-year term beginning July 1, 2015. BACKGROUND Animal Control has been one of the longest running regional/shared services in San Mateo County. Since 1952, the County has contracted with the Peninsula Humane Society (PHS) for animal control field and sheltering service. All 20 cities in the County have in turn contracted with the County for these services. Historically, cities have taken advantage of the economies of pooling resources in order to realize lower costs for services than each city could likely achieve by providing its own services. One limitation that existed in the past when considering service providers is that neither the County nor any member city owned or operated an animal control or adoption facility. Part of that has now been addressed by the new facility being constructed by the County (discussed below) and the separation of adoptive services by PHS into another facility. Animal Control services are provided by PHS in a 45,000 square foot building at 12 Airport Boulevard in San Mateo. In 2011, PHS moved its charitable, mission -driven functions, such as animal adoption, from the Airport Boulevard shelter to its recently constructed 57,000 square foot building on Rollins Road in Burlingame. The mandated animal control service functions remain at the older Airport Boulevard shelter. Those functions include: receiving and housing stray animals; serving as the location for the public when looking for lost pets or surrendering unwanted animals; sheltering animals; spay/neuter clinic; and, vaccination clinic. For public convenience, licensing, micro -chipping, veterinary care and animal behavior work are performed at both locations. Due to the age of the Airport Boulevard shelter, it was in need of significant repairs. In 2014, the City Council, along with all cities in the County, approved a Memorandum of Understanding (MOU) with the County for funding the construction of a new animal care facility. When that Animal Control Agreement April 6, 2015 facility is completed, the County and member cities will have more service options available to them for obtaining animal control services. For example, a new Joint Powers Authority (JPA) could be formed wherein the County and member cities develop their own joint field services units throughout the County to replace the services currently provided by PHS. Alternatively, the County, under the current service provision model, could issue a Request for Proposals (RFP) to a wider array of service providers, to include PHS and others, in order to obtain more competitive quotations and more choices for services. Finally, individual cities (or smaller groups of cities) could consider operating their own field services units and contracting with the County for its sheltering services. It was for that reason that the new facility is so important to the region strategically, and why the timing of this contract extension (five years) will give the County and cities time to weigh options. Discussion The current Animal Control agreement between the County and PHS is set to expire on June 30, 2015. Animal Control services provided by PHS include the following, which would continue through June 30, 2020 under the proposed contract extension: • Rescue injured animals • Capture at -large or stray animals • Investigate animal bites and attacks • Remove dead animals from public property • Remove dead or living wildlife from private property if such wildlife has direct contact with humans and/or animals that involves a bite or attack • Enforce of leash laws and local ordinances • Euthanize severely injured animals • Investigate reports of animal cruelty • Provide shelter services, including the impounding, receiving of unwanted animals, housing, redemption, treatment, sale, and adoption of animals • Provide treatment services to injured animals • Conduct administrative hearings for Dangerous and Vicious Animal designations under the guidelines of the applicable City's ordinance • Conduct mandatory spay/neuter permit administrative hearings under the guidelines of the applicable City's ordinance, if any • Provide in-person customer service at a minimum of two County locations that are open during normal business hours to enable residents to obtain animal licenses and/or permits for all dogs and cats. • Work with San Mateo County veterinarians to ensure anti -rabies vaccination reporting is carried out as required by the County. Oversight of Animal Control Services in San Mateo County: Both the facility funding arrangement approved last year (mentioned above) and this animal control contract extension before the City Council tonight were developed in concept and reviewed by a working group of County managers, the San Mateo County City Managers' Association (SMCCMA), and other interested city participants (for example some Police KA Animal Control Agreement April 6, 2015 Departments' personnel). The SMCCMA has also established a standing committee to review in more depth the contracts, performance audits, cost sharing formulas, and strategic direction for provision of countywide animal control services. The SMCCMA committee was directly involved with the County during contract negotiations and had a seat at the table with PHS and the County hammering out the final outcome. The County, with support, review, and advice from the SMCCMA and other interested city participants, negotiated a new five-year agreement with PHS. Work on the new agreement and contract negotiations began in earnest in 2013 and concluded in 2014. As mentioned above, this new agreement's expiration coincides with the timing of having the new shelter on line to allow for more service provision options. Provisions of the Contract: Costs: Overall costs with PHS were negotiated to increase no more than 2.5 and 3% annually over the five-year term of the agreement, with no increase in FY 15-16 and then alternating increases of 3% and 2.5%, respectively, in the remaining four years. In addition, the cities will pay the County for administering the agreement, with the first payment to be $420,000 for FY 2015-16, and then subsequent payments increasing between 2.5 and 3% annually over the term to $466,000 in the final year. The City of Burlingame's share of the total contract in FY 2014-15 is 3.74% (or $202,455), with the City's percentage share (and the share for all cities) being revisited annually. The number of service calls and shelter visits generated by each city is tracked, and the average of the last three years' data is used to set the upcoming year's costs for member cities and for the County. Each city's (and unincorporated County) three-year average usage data is weighted 41% for field services and 59% for shelter services, with a credit for revenues (more about this below). There are cost saving incentives built into the agreement. If PHS saves money from their approved budget without compromising their service levels, PHS can keep 50% of those savings, with the other 50% realized by member cities and the County. In order for PHS to retain their half of the savings, the County reviews the service levels provided by PHS to confirm that service levels were not degraded in order to achieve those savings. This provision is a change from the current contract, which has PHS keeping 75% of savings. Cost Allocation to Cities and Unincorporated Countv: As mentioned above, annual costs are divided up in two ways. The first is to divide costs using a three-year average of usage, weighted 41% on field services and 59% on shelter usage. This weighting was selected by the negotiating team as it is representative of how PHS's costs are actually divided. The prior contract costs were charged to cities weighted 27% field services and 73% shelter services. That cost allocation was based on an older consultant study that was based more on activity, but not as much on costs. 3 Animal Control Agreement April 6, 2015 The second factor in dividing costs is how to factor in offsetting revenues from animal licensing and vaccinations. The prior contract with cities had all licensing/vaccination revenues coming off the top from total PHS costs, prior to allocating net costs back to cities and the unincorporated County. The new contract gives each city credit for the animal licensing and vaccination revenue attributable to that particular city as a direct offset of its own share of costs. That change gives cities a mechanism to lower their costs by allowing them to do additional outreach to their residents to license and vaccinate their animals. Performance Audit: The agreement provides for a performance audit (Section 4.3k) after the first two years to assess whether PHS is achieving efficiency and effectiveness in performance of the services provided and provides a copy of the performance audit to the cities. The parameters of the audit and cost will be determined by a subgroup of all parties through a County administered RFP process. That RFP and the review process will be coordinated with interested city participants, such as through the SMCCMA. Review of County Construction Progress by Cities: The agreement with the County includes a provision in Section 5.3b that states '(o)nce construction begins on the new animal care shelter ... in San Mateo...., presently anticipated to be during the summer of 2015, each City may participate on an Animal Care Shelter Advisory Committee. This Committee will convene at key junctures during the construction process to discuss the progress. It will also be used as a venue for each City to ask questions and share concerns'. As with the Performance Audit, the construction process and results will be reviewed with interested city participants, such as through the SMCCMA. FISCAL IMPACT Costs for the County animal services agreement are already included in the Police Department's annual operating budget. Staff has included $202,455 in the proposed budget for FY 2015-16. Exhibits: • Resolution • Contract 2 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE COUNTY OF SAN MATEO FOR CONTINUED PROVISION OF ANIMAL CONTROL SERVICES FOR A FIVE- YEAR TERM BEGINNING JULY 1, 2015 WHEREAS, since 1952, San Mateo County has contracted with the Peninsula Humane Society (PHS) for animal control field and sheltering services, and the 20 cities in San Mateo County contract with the County for these services; and WHEREAS, under this contract, the 20 cities and the County share the cost of services based on a formula that factors agencies' proportionate use of field services and shelter services; and WHEREAS, the current Animal Control agreement between the County and PHS is set to expire on June 30, 2015; and WHEREAS, the new Animal Control agreement, which would begin July 1, 20.15, and end June 30, 2020, was developed in concept and reviewed by a working group of County managers and the San Mateo County City Managers' Association; and WHEREAS, under the new agreement, overall costs with PHS were negotiated to increase no more than 2.5 and 3% annually over the five-year term of the agreement, with no increase in FY 15-16 and then alternating increases of 3% and 2.5%, respectively, in the remaining four years; and WHEREAS, annual costs under the new agreement are determined based on usage of field services and shelter services, with offsetting revenues credited to -each city from animal licensing and vaccinations attributable to the city; and WHEREAS, the agreement also provides for a performance audit after the first two years to assess whether PHS is achieving efficiency and effectiveness in performance of the services provided and provides a copy of the performance audit to the cities; and WHEREAS, staff has included $202,455 in the Police Department's proposed budget for FY 2015-16 for this contract: NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME RESOLVES AS FOLLOWS: The City Manager is authorized to execute an agreement with the County of San Mateo for continued provision of Animal Control services for a five-year term beginning 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 6'" day of April, 2015, and was adopted thereafter by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: Mary Ellen Kearney, City Clerk AGREEMENT BETWEEN THE COUNTY OF SAN MATEO AND THE CITIES OF 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, AND WOODSIDE FOR FACILITATION AND COORDINATION OF ANIMAL CONTROL SERVICES THIS FACILITATION AND COORDINATION OF ANIMAL CONTROL SERVICES AGREEMENT, hereinafter called "Agreement', entered into this day of 2015, by and between the COUNTY OF SAN MATEO, hereinafter called "County," and 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, and Woodside, each hereinafter individually called a "City" and collectively called the "Cities"; WITNESSETH WHEREAS, the Cities have passed and are responsible for enforcing local ordinances governing the regulation, licensing and impounding of certain animals within the territorial limits of the Cities; and WHEREAS, the Cities and County, hereinafter collectively called "Parties", wish to enter into a written agreement for animal care and control, shelter services, and animal licensing, in which the County agrees to facilitate provision of and the Cities agree to reimburse the County for the costs of specified animal care and control, shelter services, and animal licensing hereinafter set forth, as they have done for over 50 years with the current Agreement expiring on June 30, 2015; and WHEREAS, in order to facilitate coordinated countywide system of animal care and control, shelter services, and animal licensing as desired by Cities, County is agreeable to facilitating the provision of such services on the terms and conditions as hereinafter set forth; and WHEREAS, the Cities desire the County facilitate and coordinate animal control and licensing on a countywide basis on behalf of the Cities and County for a term of 5 years ending on June 30, 2020; and 11 Page February 5, 2015 WHEREAS, such agreements are authorized and provided for by Section 51300, et seq. of the California Government Code and under the Parties respective police powers. NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES HERETO AS FOLLOWS: 1. Exhibits and Attachments The following exhibits are attached to this Agreement and incorporated into this Agreement by this reference: Exhibit A— Contract Areas Exhibit B— Proportionate Share of Cost Exhibit C —Animal Control Contractor Responsibilities Exhibit D —Animal Licensing Contractor Responsibilities Attachment 1 —Agreement between County of San Mateo and the Peninsula Humane Society & SPCA 2. Definitions 2.1 Administrative Costs: The actual costs, including, but not limited to, salaries, benefits, dispatch, equipment maintenance, incurred by the County to administer the Animal Control Program and Animal Licensing Program as outlined in this Agreement in an effort to facilitate a coordinated countywide system. 2.2 Animal Control Contractor: The contractor selected as set forth in Section 5.2 of this Agreement, which is specifically charged with regulating and enforcing laws dealing with animal care and control, shelter services and animal licensing within the territorial limits of the County and the Cities and pursuant to the terms of this Agreement. 2.3 Animal Control Program: The program within the Health System of the County, or County's designated contract agent, or both, or such other agency as the County of San Mateo Board of Supervisors may designate, which is specifically charged with regulating and enforcing laws dealing with animal control within the territorial limits of the County. 2.4 Animal Control Services Agreement or Services Agreement: Agreement in which the Animal Control Contractor agrees to perform on behalf of Parties and the County agrees to compensate, using County and City funds, the Animal Control Contractor for performance of certain specified animal care, animal control, and shelter services as provided for in this Agreement. 21 Page February 5, 2015 3. 2.5 Animal Licensing Contractor: The contractor as set forth in Section 5.2 of this Agreement, which is specifically charged with regulating and enforcing laws dealing with animal licensing within the territorial limits of the County and the Cities and pursuant to the terms of this Agreement. 2.6 Animal Licensing Program: The program within the Health System of the County, or County's designated contract agent, or both, or such other agency as the County of San Mateo Board of Supervisors may designate, which is specifically charged with regulating and enforcing laws dealing with animal licensing within its jurisdiction. 2.7 Animal Licensing Services Agreement: Agreement in which the Animal Licensing Contractor agrees to perform on behalf of the Parties and the County agrees to compensate, with County and City funds, Animal Licensing Contractor for performance of certain specified animal licensing services as provided for in this Agreement. 2.8 City or Cities: Any or all of the cities listed in Exhibit A, attached and incorporated by reference herein. 2.9 Holidays: Federally designated holidays with the addition of Easter and exclusion of Columbus Day, in accordance with the Animal Control Contractor's and Animal Licensing Contractor's existing labor contracts. 2.10 Impounded Animal: An animal that has been picked up by Animal Control Contractor, other public employee or officer, or by a private citizen and deposited at the Animal Control Contractor's animal shelter. Each City's Responsibilities 3.1 Delivery of Animals. Any animal taken into custody by an employee or officer of the County or an employee or officer of a City shall be delivered to the Animal Control Contractor at its animal shelter or held in a humane way at a designated holding area until it can be picked up by Animal Control Contractor. 3.2 Uniform Ordinances and Citation Authority. This Agreement is based on an expectation that each City's animal control ordinance(s) shall be substantially the same as the provisions of Chapters 6.04, 6.12, and 6.16 of Title 6 of the San Mateo County Ordinance Code, as amended, to be effective within each City's territorial limits. The fee schedule adopted by each City shall be the same as outlined in Chapter 6.04.290 of the San Mateo County Ordinance Code, hereinafter "County Ordinance". 31 Page Enforcement of provisions of each City's ordinance that differs February 5, 2015 substantially from the County Ordinance and results in an increase to Animal Control Contractor's costs shall be reimbursed directly by the City requiring additional services, as negotiated between the City requiring additional services and the Animal Control Contractor. Provision of services under the Animal Control Services Agreement shall take priority over such additional services provided separately pursuant to this Section. 3.3 Designation of Animal Control & License Revenue Collector. Each City hereby designates the Health System of the County, or County's designated contractor as the entity authorized to collect, at Cities' cost, animal control and licensing revenue on the part of each City. 3.4 Permits for Public Events. Each City shall request input from the Animal Control Contractor prior to issuing permits for public exhibitions and events which include animals. The Animal Control Contractor is entitled to recover costs directly from the City in which exhibition or event will be located which relate to staffing that may result during or after the exhibition or event. Such costs will be collected by the Animal Control Contractor based on a fee schedule approved by the City in which the event is taking place, or as agreed between the Animal Control Contractor and the individual City. Any agreement with the Animal Control Contractor will require expeditious review of permits and input to the City. The provisions of this paragraph do not apply to public exhibitions and events where the only animals included in such events are anticipated to be service animals or police dogs. 3.5 City Liaison. Each City shall designate a representative to act as a liaison for animal control and licensing administration or enforcement issues for when County requests input from the City. If no contact person is designated, the City contact person shall be the City Manager. 3.6 Defense of Dangerous/Vicious Animal Determinations, Spay/Neuter Requirements, and Service Animal Designations. Parties acknowledge that each City is and will remain solely responsible for arranging and conducting hearings under its Dangerous and Vicious Animal, Spay/Neuter, and Fancier Ordinances, including but not limited to providing hearing officers and a location for the hearings. The cost to hold the hearing will be the sole responsibility of each City and collection of the hearing fee, based on the City's fee ordinance, will be collected and retained by the City. However, the Parties agree that, at a City's option and for its convenience, a City may utilize County offices and/or the services of the County hearing officers for purposes of conducting Dangerous/Vicious Animal Hearings under the provisions of each City's Dangerous and 4 1 P a a e February 5, 2015 Vicious Animal Ordinance, Spay/Neuter Hearings under the provision of each City's Spay/Neuter Ordinance, and/or Fancier Hearings under the provision of each City's Fancier Ordinance. The hearing fee, based on the City's fee ordinance, will be collected from the person requesting the hearing by the County under the terms of this Agreement, if possible. If such fee is not collected, the City shall remain responsible for such costs. The Parties also recognize that in the event a City elects to utilize the services of a County hearing officer, the City remains solely responsible for the defense of any appeal of an administrative decision rendered by the hearing officer. Further, the City remains responsible for any claims, damages, costs or other losses resulting from any decision, act or omission of the hearing officer acting in the course and scope of his or her capacity as hearing officer or from any court judgment based on claims, actions or appeals resulting from Dangerous/Vicious Animal hearings, decisions or findings; Spay/Neuter requirements, hearings, decisions or findings; and/or Fancier requirements, hearings, decisions or findings made under each City's ordinances. Furthermore, the Parties agree that, at a City's option and for its convenience, County offices will issue Service Animal tags and Breeder/Fancier Permits on behalf of each City upon County's determination that such tag or permit shall be issued on behalf of the City. Each City shall remain responsible for the decision to issue or not issue a Service Animal tag and/or issue or not issue a Breeder or Fancier Permit and shall remain responsible the defense of any action or claim and payment of any claims, damages, costs, or other losses resulting from such decision. 3.7 Each City agrees to meet annually with County to develop performance measures that are valid, reliable, and supported by accessible data to be used to evaluate the level and quality of services provided by Animal_ Control Contractor and Animal Licensing Contractor. 3.8 In consideration of the services, that will be coordinated and facilitated by County and provided by the Animal Control Contractor and Animal Licensing Contractor in accordance with all terms, conditions, and specifications set forth herein, each City shall pay County based on the rates and in the manner specified below. Proportionate Share of Costs. Each City's proportionate share of the cost of services ("Proportionate Share of Costs") provided under this Agreement shall be calculated as a percentage representing: a. That City's percentage of total field services provided, averaged over the prior three calendar years; 5 1 P a g a February 5, 2015 b. That City's percentage of total shelter services provided, averaged over the prior three calendar years; c. With field services weighted at 41 % and shelter services weighted at 59%. Net Program Costs. Each City shall pay the net program costs attributable to that City ("Net Program Costs") which will be calculated as follows: a. Determine total expenses for all services including Administrative Costs as defined in Section 2 of this Agreement and Animal Control Contractor and Animal Licensing Contractor costs; b. Subtract all revenue received, not including licensing revenue; c. Attribute the balance to each City based on that City's Proportionate Share of Costs. d. Subtract from each City's share of the balance the actual licensing revenue collected for that City during the previous calendar year. Annual Invoices. Each City will be invoiced for its Net Program Costs as follows: a. The County will calculate each City's Proportionate Share of Costs, estimate Net Program Costs for the following fiscal year (July 1 — June 30), and will send an estimated invoice containing that information to each City no later than March 31 st of each year; b. The County will send a final invoice ("Final Invoice") based on actual Net Program Cost to each City no later than November 15th of each year; and c. Each City shall pay the County the amount shown on the Final Invoice no later than December 31St of each year. 3.9 If revenue collected exceeds Net Program Costs, the excess will be returned to the Cities using the Proportionate Share of Costs. 4. County Responsibilities 4.1 Payments to be paid to Animal Control Contractor and Animal Licensing Contractor by the County and each City are as follows: 61 Page February 5, 2015 a. The County will pay Animal Control Contractor the following agreed - to amounts. These costs are to be reimbursed by the Cities as provided in Section 3.8 above. Fiscal Year Amount 2015-16 $5,944,135 2016-17 $6,122,459 2017-18 $6,275,521 2018-19 $6,463,786 2019-20. $6,625,381 b. The County will pay Animal Licensing Contractor the following agreed -to amounts. These costs are to be reimbursed by the Cities as provided in Section 3.8 above. Current Contract Amount 2013-2016 $420,000 One year license $3.80 per license Multi-year license $3.80 for the first 2018-19 year and $2 for each 2019-20 additional year Late fees collected $2.50 collection service fee for each license Replacement tags $3.80 per to Bank and supply fees Actual cost 4.2 The County shall provide the services as outlined in this Agreement for the following estimated amounts. Parties will only be invoiced for the actual costs to provide said services as outlined in this Agreement and are to be reimbursed by the Cities as provided in Section 3.8 above. Fiscal Year Amount 2015-16 $420,000 2016-17 $433,000 2017-18 $442,000 2018-19 $455,000 2019-20 $466,000 4.3 In consideration of the payment provided for in Section 3.8, the County shall, for the administrative convenience of the Cities and for the purpose of coordinating animal services countywide, provide the additional following administrative services: a. Work with the City Attorney or City Manager of each City on any issues that require input from the City, including, but not limited to, 71 Page February 5, 2015 during and following the administrative hearing process. b. Collect, maintain, and report available data as requested by each City, including, but not limited to, annual Performance Measures. c. If requested, the Parties' representatives will meet annually to develop performance measures that are valid, reliable, and supported by accessible data to be used to evaluate the level and quality of service provided by the Animal Control Contractor and Animal Licensing Contractor. d. With direction from each City, public inquiries regarding the Animal Licensing Program. respond on behalf of each City to Animal Control Program and the e. Provide monthly report showing field, shelter, licensing activities, and Dangerous Animal Permit holders as feasible. f. Provide dispatch services for after-hours/holiday calls for animal control and licensing. g. Provide radio maintenance services on radio equipment owned by the Parties and used to perform services as outlined in Exhibit C. h. For the convenience of the Cities, provide animal licensing tags for dogs, cats, animals held under a Dangerous Permit, and animals designated as Service Animals. i. For the convenience of the Cities, make reasonable attempts to collect and provide collection services for: 1. Animal control fees that are deemed uncollectable by the Animal Control Contractor after reasonable efforts by the Contractor to collect; and 2. Licensing fees that are deemed uncollectable by the Animal Licensing Contractor after reasonable efforts by the Contractor to collect; and 3. Any other fees for services provided to each City under the terms of this Agreement. The County's cost to provide collection services will be included in the administrative cost to facilitate this Agreement. The Cities acknowledge and agree that the County is not responsible for any fees that remain uncollected after reasonable efforts are made to collect. In the event that a City determines that additional collection efforts are warranted, it may undertake such efforts at its own expense. Any shortfall in revenues caused by uncollected fees shall 8 1 P a g e February 5, 2015 be the responsibility of all Cities based on the proportionate share of costs. j. Annually provide each City with the audit report required and completed as outlined in Exhibit C. k. At the end of the second year of this Agreement, arrange and oversee a performance audit following the, Generally Accepted Government Auditing Standards (GAGAS) to assess whether the Animal Control Contractor is achieving efficiency and effectiveness in performance of the services provided and provide a copy of the performance audit to the Cities. The parameters of the audit and cost will be determined by a subgroup of all Parties through a County Request for Proposal process. Cities will be invoiced for the actual cost of said audit as outlined in Section 3.8. Spay/Neuter Assistance Vouchers 1. Allocate one dollar from each annual license fee paid for a dog or cat to: i. When funds are available as determined by the County, assist pet owners and feral cat advocates with the cost to alter the dogs, cats, and feral cats that reside in the County on a county wide basis; and ii. As funds are available as determined by the County, execute outreach efforts to educate residents on the responsibilities of owning a pet and the importance of altering, vaccinating, and licensing all dogs and cats. 2. Oversee a committee known as the Spay/Neuter Assistance Advisory Committee comprised of volunteers and city representatives. This Committee will convene quarterly to discuss spay/neuter voucher activities and outreach efforts focused on pet overpopulation. It will also be used as a forum for each City and the public to ask questions and share concerns regarding spay/neuter assistance. Meetings will be arranged and scheduled by County staff. 3. Issue, monitor and maintain a dog, cat, and feral cat database, allocating funds to the appropriate category of need based on the public's requests. m. Pursuant to Section 3.6 of this Agreement, under the guidelines of the US Department of Justice and the Americans With Disabilities Act's definition of "Service Animal," for the administrative convenience of each City, and acting as a representative of each City, issue Service Animal tags on behalf of each City upon determination by the County on behalf of the City that such tag shall be issued. 9 1 P a g a February 5, 2015 If each City's ordinance so authorizes and the City so requests, review and process each City residents' requests and maintain files for Breeders and Fanciers Permits. o. Dangerous Animal Designations 1. Issue Dangerous Animal tags when an animal has been so designated by a peace officer employed by any City or County or the Animal Control Contractor as such; and 2. The County will invoice annually and make reasonable efforts to collect applicable fees for Dangerous Animal Permit holders; and 3. Monitor data received from Animal Control Contractor; and 4. Send monthly updated reports to each City's representative. p. Pursuant to Section 3.6, for the administrative convenience of each City, and acting as a representative of each City, conduct administrative hearings for Dangerous and Vicious Animal designations under the guidelines of the applicable City's ordinance. q. Pursuant to Section 3.6, for the administrative convenience of each City and acting as a representative of each City, conduct mandatory spay/neuter and/or fancier permit administrative hearings under the guidelines of the applicable City's ordinance, if any. r. Provide in-person customer service at a minimum of two County locations that are open during normal business hours to enable residents the ability to obtain animal licenses and/or permits for all dogs and cats. s. Work with San Mateo County veterinarians to ensure anti -rabies vaccination reporting as required by the County. t. Receive, import, and export licensing and vaccination information from the Animal Licensing Contractor into the Animal Control Contractor database and vice versa on a weekly basis. u. Under the guidance of the County's Health Officer, review and process requests from pet owners to exempt their pet from the requirement to obtain a anti -rabies vaccination as required by State law or County ordinance and report annually to the Department of Public Health. v. Attend the Animal Control Contractor's monthly vaccination clinic in an on-going effort to educate pet owners on the importance of vaccinating and licensing dogs and cats that reside in the County and the Cities. 101 Page February 5, 2015 w. Provide decapitation training and materials to Animal Control Contractor's staff. x. Invoice animal owners pursuant to the County Fee Schedule 6.04.290, and similar City fee schedules, following a bite incident that requires a quarantine of said animal. 5. General Provisions 5.1 Existing Agreements. Upon execution of this Agreement, any prior existing agreements between the Cities and the County to facilitate and coordinate Animal Control and Animal Licensing Services will be terminated. 5.2 Contracting for Services. .It is expressly understood and agreed that the County will contract with the Peninsula Humane Society & SPCA, a California nonprofit public benefit corporation (Animal Control Contractor), or such other contractor as the Board of Supervisors and Cities may designate, for the provision of Animal Control Services including field enforcement, shelter and treatment services referred to herein. Additionally, it is expressly understood and agreed that the County will contract with PetData, Inc. or such other contractor (Animal Licensing Contractor) as the Board of Supervisors and Cities may designate, for the provision of Animal Licensing Services. Field Enforcement Services. Services Agreement shall require that the Animal Control Contractor shall provide adequate staff for the provision of field enforcement services for the purpose of enforcing state and local ordinances pertaining to domestic animals, as described in Exhibit C. Shelter Services. Services Agreement shall require that the Animal Control Contractor shall provide adequate staff and facilities for the provision of shelter services, including the impounding, receiving of unwanted animals, housing, redemption, treatment, sale, adoption, euthanasia and disposal of animals. The shelter and care for all stray and unwanted animals shall be provided 24 hours a day 7 days a week, as described in Exhibit C. Treatment Services. Services Agreement shall require that, in accordance with California state law, the Animal Control Contractor shall provide adequate staff and facilities for the provision of treatment services to injured animals as described in Exhibit C. Licensing Services. Services Agreement shall require that, in accordance with California state law, the Animal Licensing Contractor shall provide adequate staff and facilities for the provision of licensing dogs and cats as described in Exhibit D. 111 Page February 5, 2015 5.3 Lease. a. To enable the Animal Control Contractor to perform the services contemplated by this Agreement for the entire term, each City understands that the existing Animal Control Contractor's leasehold of the animal care shelter located at 12 Airport Boulevard in San Mateo, California, is subject to the County and Animal Control Contractor's lease agreement and that the current lease shall extend at the rental rate of one dollar ($1.00) per annum, but only so long as the Animal Control Contractor's Services Agreement remains in full force and effect. Notwithstanding the above, when the County's proposed new shelter facility is ready to accommodate all services required to be provided by the Animal Control Contractor under the Services Agreement that are now provided in the existing facility, the lease will terminate. At such time, County will provide the Animal Control Contractor with 90 days written notice to, and the Animal Control Contractor shall within that 90 days, vacate the existing facility unless both parties agree to an extension. b. Once construction begins on the new animal care shelter to be located at 12 Airport Boulevard in San Mateo, California, presently anticipated to be during the summer of 2015, each City may participate on an Animal Care Shelter Advisory Committee. This Committee will convene at key junctures during the construction process to discuss the progress. It will also be used as a venue for each City to ask questions and share concerns. Meetings will be arranged and scheduled by County staff. 5.4 Facilities & Equipment. a. If the County chooses, at its own discretion, to replace equipment, at reasonable expense, but not to exceed $125,000, that is used by the Animal Control Contractor and/or the Animal Licensing Contractor solely for the purpose of providing services under this Agreement, Cities agree that they will be financially responsible for the purchase cost of said equipment based on their Proportionate Share of Cost as set forth in Exhibit B. In the event that any party asserts that an emergency safety- related repair is needed to the portions of the Peninsula Humane Society & SPCA facility located at 12 Airport Boulevard in the City of San Mateo that are used to provide contracted animal control services and/or the County chooses to replace equipment, at its own discretion, and the cost of said equipment exceeds $125,000, the Parties agree to meet in good faith to determine and agree 121 Page February 5, 2015 which maintenance or repairs are required, whether or not such repair work shall be undertaken, or if said equipment should be replaced. If the Parties terminate this Agreement or the Parties do not renew this Agreement, all Parties agree to be financially responsible in their Proportionate Share of Cost as set forth in Exhibit B for the remaining cost of any lease for vehicles or equipment used by the County's designated contractor solely for the purpose of providing services under this Agreement. b. Parties acknowledge that the County has prepared a Maintenance & Repair survey "Survey" of conditions and deferred maintenance and repairs of the portion of the PHS/SPCA facilities used for contracted animal control services, located at 12 Airport Boulevard in the City of San Mateo, which document is included in Attachment 1. While Animal Control Contractor may use contract funds for the general maintenance of the PHS/SPCA facility located at 12 Airport Boulevard in the City of San Mateo that are used to provide contracted animal control services, repairs shall be prioritized to those noted in the "Survey" or that ensure safe and effective operation of the facility. Animal Control Contractor will send the County a quarterly itemized report showing the repairs and maintenance performed at the facility. The Animal Control Contractor agrees to allow the County Department of Public Works to access to the facility quarterly to review conditions. This authorized visit does not in any way create a process for authorizing repairs as the decision of which repairs to perform remains at the discretion of the Animal Control Contractor. In the event of an emergency safety related repair or other repair deemed necessary in order to maintain the facility in operable condition is needed to the portions of the PHS/SPCA facility located at 12 Airport Boulevard in the City of San Mateo that are used to provide contracted animal control services, Parties agree to meet in good faith to jointly determine which maintenance or repairs are required and whether or not such repair work shall be undertaken. c. If Parties choose to terminate for reasons other than material 13IPage February 5, 2015 breach of the Animal Control Contractor's Services Agreement or Parties choose not to renew the Animal Control Contractor's Services Agreement, County and Cities shall be financially responsible for the remaining cost of any lease for vehicles or equipment used by the Animal Control Contractor solely for the purpose of the Animal Control Contractor's Services Agreement. 5.5 Fiscal and Program Monitoring. Each City agrees to participate annually with County to discuss financial or programmatic issues including, but not limited to, licensing activities, revenue sources, performance measures, and ordinance revisions. The County or any City may request a special meeting for this purpose and upon the provision of reasonable notice. Any changes in the amount to be paid to the Animal Control Contractor or the Animal Licensing Contractor shall require the Board of Supervisors and the affected City's approval. 5.6 Use of Program Revenue. Each City agrees that all fees collected by the County and/or the Animal Control Contractor and the Animal Licensing Contractor, or both, for the purposes outlined in this Agreement shall be retained by the County and used to cover the cost of services provided under this Agreement, except for services provided directly by or for a City and where fees are collected by said City for services provided as described in Section 3.4 and 3.6 of this Agreement. Program Deficit or Surplus. The Cities acknowledge and agree that: a. The Animal Control Contractor may retain half (50%) of all unspent animal control contract funds with the written approval of the County and exercise full authority over the use of its share, if the County determines that the savings by Animal Control Contractor have not impacted the quality of services detailed in this Agreement. b. County's determination under Section 5.6(a) shall follow within 90 days subsequent to County review of a mutually acceptable Audit Report, defined in Exhibit C of this Agreement. c. The Animal Control Contractor has agreed not to use these savings to provide services which will add on-going costs to services covered by this Agreement without written County approval. d. This Section 5.6 shall not apply to cost savings resulting from decreased levels of service due to changes in each City, County 141 Page February 5, 2015 or State law. 5.7 Maintenance of Records. Records of animals impounded including the description of each animal, date of receipt, date and manner of disposal, treatment received, the name of the person redeeming or adopting the animal, and . the fees, charges and proceeds of adoption shall be maintained by the County, through the Animal Control Contractor, and made available to the Cities. In addition, statistical information shall be provided on a monthly basis to the Cities summarizing various field enforcement activities occurring in each City and shelter activities initiated by residents of each City. 5.8 Term and Termination. Subject to compliance with all terms and conditions, the term of this Agreement shall be from July 1, 2015 through June 30. 2020. Except as otherwise provided by this section, this Agreement may not be terminated by any party during the effective period from July 1, 2015 through June 30, 2020. Each City is responsible for its annual percentage share under this Agreement for the entire term of this Agreement. In the event any City fails to pay its percentage share as set forth in this Agreement and Exhibit B, every other City shall promptly pay its Proportionate Share of Cost of the non-payment, unless and until the County is able to recover the non-payment from the late or non-paying City. This Agreement shall automatically terminate in the event of termination of the Animal Control Services Agreement. Upon termination, the County shall have no further obligation to provide, facilitate or coordinate services specified herein or in the Animal Control Services Agreement or Animal Licensing Services Agreement. Each City shall promptly pay its Proportionate Share of Cost as set forth in Exhibit B for all services rendered prior to termination. 5.9 Amendments: Entire Agreement. Amendments to this Agreement must be in writing and approved by the County Board of Supervisors and the governing body of each City. This is the entire Agreement between the Parties and supersedes any prior written or oral agreements inconsistent herewith. This Agreement, including the Exhibits which are incorporated herein by this reference, constitutes the entire Agreement of the Parties to this Agreement regarding the subject matter of this Agreement, and correctly states the rights, duties, and obligations of each party as of the Effective 15IPaga February 5, 2015 Date. In the event that any term, condition, provision, requirement, or specification set forth in the body of this Agreement conflicts with or is inconsistent with any term, condition, provision, requirement, or specification in any Exhibit to this Agreement, the provisions of the body of this Agreement shall prevail. Any prior agreement, promises, negotiations, or representations, whether oral or written, between the parties not expressly stated in this Agreement are superseded. All subsequent modifications or amendments to this Agreement shall be in writing and signed by the Parties. 5.10 Controlling Law and Venue. The validity of this Agreement and of its terms or provisions, the rights and duties of the parties under this Agreement, the interpretation of this Agreement, the performance of this Agreement, and any other dispute of any nature arising out of this - Agreement shall be governed by the laws of the State of California without regard to its choice of law rules. Any dispute arising out of this Agreement shall be venued either in the San Mateo County Superior Court or in the United States District Court for the Northern District of California. 5.11 Additional Services. Nothing contained herein shall preclude any City from contracting separately for the provision of a higher level of service. Any contract increasing the level of services will be supplemental to this Agreement and will not affect the level of service provided for in this Agreement. 5.12 Relationship of Parties. The Parties agree and understand that the work/services performed or facilitated under this Agreement are performed or facilitated by an independent Contractor, and not by an employee of any City and that neither the County, its employees, the Animal Control Contractor, or the Animal Licensing Contractor acquire any of the rights, privileges, powers, or advantages of City employees, and vice versa; however, the County may act as an agent on behalf of each City where expressly set forth herein and, in such instances, each City shall hold harmless, indemnify and defend the County from and against any claims of any kind and/or actions for damages arising out of the County's actions undertaken on behalf of each City as set forth herein. 5.13 Hold Harmless. a. Each City shall hold harmless, indemnify and defend the County, its officers, employees and agents from and against any and all claims, suits or actions of every kind brought for or on account of injuries or death of any person or damage to any property of any kind whatsoever and whomsoever belonging which arise out of the performance or nonperformance of each City's covenants and 161 Page February 5, 2015 obligations under this Agreement and which result from the negligent or wrongful acts of each City or its officers, employees, or agents, including, but not limited to, those claims, suits, or actions arising from activities performed by the County as a representative of the City as set forth in Sections 3.6 and 4.2. b. The County shall hold harmless, indemnify and defend each City, its officers, employees and agents from and against any and all claims, suits or actions of any kind brought for or on account of injuries to or death of any person or damage to any property of any kind and to whomsoever belonging which arise out of the performance or non-performance of the County's obligations under this Agreement and which result from the negligent or wrongful acts of the County, its officers or employees. This provision requiring the County to hold harmless, indemnify and defend each City shall expressly not apply to claims, losses, liabilities or damages arising from actions or omissions, negligent or otherwise, of the Animal Control Contractor or the Animal Licensing Contractor, or their officers, employees or agents, under the services agreements with the County. Further, this provision requiring the County to hold harmless, indemnify and defend each City shall not apply to acts or omissions of the County done on behalf of each City in performing administrative tasks for the convenience of each City as set forth in Sections 3.6 and 4.2. c. In the event of concurrent negligence of the County, its officer or employees, and the City, its officers and employees, the liability for any and all claims for injuries or damages to persons and/or property or any other loss or costs which arise out of the terms, conditions, covenants or responsibilities of this agreement shall be apportioned according to the California theory of comparative negligence. d. Finally, Parties acknowledge that with respect to activities performed by the Animal Control Contractor or the Animal Licensing Contractor in the Cities' territorial limits, the County serves solely as a Contract Administrator and solely with respect to the specific obligations contained within this Agreement and the agreements between the County and the Animal Control Contractor and the Animal Licensing Contractor. Accordingly, in the event the County or the Cities are sued and the suit is related in any manner to actions taken by the Animal Control Contractor or the Animal Licensing Contractor solely in a particular City or the Cities, the particular City or Cities, as the case may be, will hold harmless, indemnify and defend the County, and any other City that is named as a defendant in that suit from and against any and 171 Page February 5, 2015 all claims, losses or costs. In the event a City or the Cities are sued and the suit relates in any manner to actions taken by the Animal Control Contractor or the Animal Licensing Contractor solely in the unincorporated area of the County, the County will hold harmless, indemnify and defend the City or Cities named as a defendant or defendants in that suit from and against any and all claims, losses or costs. e. The County agrees that in its Service Agreements with the Animal Control Contractor, the County will require the Animal Control Contractor to indemnify each City to the same extent that the County is indemnified and to name each City as a third party beneficiary to the County's Agreements with the Animal Control Contractor and/or the Animal Licensing Contractor. f. This indemnification and hold harmless clause shall survive termination of this Agreement and shall apply whether or not any insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 5.14 Non -Discrimination. No person shall illegally be excluded from participation in, denied the benefits of, or be subjected to discrimination under this Agreement on account of their race, color, religion, national origin, age, sex, sexual orientation, ancestry, marital status, pregnancy, childbirth or related conditions, medical condition, mental or physical disability or veteran's status. 5.15 Notices. Any notice, request, demand, or other communication required or permitted under this Agreement shall be deemed to be properly given when both: (1) transmitted via facsimile to the telephone number listed below or transmitted via email to the email address listed below; and (2) sent to the physical address listed below by either being deposited in the United States mail, postage prepaid, or deposited for overnight delivery, charges prepaid, with an established overnight courier that provides a tracking number showing confirmation of receipt. Any notices required by or given pursuant to this Agreement to any City shall be in writing and shall be delivered to the Clerk of that City at the address of the principal business offices of the respective City listed in the introduction of this Agreement or at such other address as any City may specify in writing to the County. In the case of County, to: Name/Title: Jean Fraser, Chief of the Health System Address: 225 -37th Avenue San Mateo, CA 94403 Telephone: 650.573.2912 181 Page February 5, 2015 Facsimile: 650.573.2788 Email: JFraser(a)smcgov.orq 5.16 Condition Precedent. If this Agreement is not adopted by all twenty Cities, it will become null and void in its entirely except that in such an event, the County and any of the cities which are in agreement with the terms and conditions of this Agreement may use it as the grounds for considering an Agreement which may be acceptable to those parties. 5.17 Electronic Signature. All Parties agree that this Agreement and future documents relating to this Agreement may be digitally signed in accordance with California law and the County's Electronic Signature Administrative Memo and the Parties understand and agree that electronic signatures shall be deemed as effective as an original signature. 5.18 Counterparts. The Parties may execute this Agreement in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument. IN WITNESS WHEREOF, the Board of Supervisors of the County of San Mateo has authorized and directed the Health System Chief to execute this Agreement for and on behalf of the County of San Mateo. The Cities of 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, and Woodside have caused this Agreement to be subscribed by its duly authorized officer and attested by its Clerk. Dated: COUNTY OF SAN MATEO Dated: ATTEST: President, Board of Supervisors TOWN OF ATHERTON Town of Atherton, Clerk By 191 Page February 5, 2015 Dated: ATTEST: City of Belmont, Clerk Dated: ATTEST: City of Brisbane, Clerk Dated: ATTEST: City of Burlingame, Clerk Dated: ATTEST: Town of Colma, Clerk Dated: ATTEST: City of Daly City, Clerk CITY OF BELMONT In CITY OF BRISBANE 0 CITY OF BURLINGAME W TOWN OF COLMA CITY OF DALY CITY 12 201Paga February 5, 2015 Dated: ATTEST: City of East Palo Alto, Clerk Dated: ATTEST: City of Foster City, Clerk Dated: ATTEST: City of Half Moon Bay, Clerk Dated: ATTEST: Town of Hillsborough, Clerk Dated: ATTEST: City of Menlo Park, Clerk CITY OF EAST PALO ALTO 0 CITY OF FOSTER CITY CITY OF HALF MOON BAY If119171ZN7aa1II &1l ZQCAIRc]➢I QI CITY OF MENLO PARK 11 2110 :1 i- _ bre,! a ry _ 'iQ 1 Dated: ATTEST: City of Millbrae, C Dated: ATTEST: City of Pacifica, Clerk Dated: ATTEST: Town of Portola Valley, Clerk Dated: ATTEST: City of Redwood City, Clerk Dated: ATTEST: City of San Bruno, Clerk CyIwas] 0kv,II14:1-.00 By CITY OF PACIFICA By TOWN OF PORTOLA VALLEY By CITY OF REDWOOD CITY By CITY OF SAN BRUNO 221P g February 5, 2015 Dated: ATTEST: City of San Carlos, Clerk LomWOI ATTEST: City of San Mateo, Clerk Dated: ATTEST: City of South San Francisco, Clerk Dated: ATTEST: Town of Woodside, Clerk CITY OF SAN CARLOS CITY OF SAN MATEO 0 CITY OF SOUTH SAN FRANCISCO 0 TOWN OF WOODSIDE AS 231 Page February 5, 2015 EXHIBIT A CONTRACT AREAS The following Cities have contracted for services pursuant to this Agreement: 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 241 Page February 5, 2015 W�a PROPORTIONATE SHARE OF COST FY 2014-15 Proportionate Share of Cost: Atherton 0.70% Belmont 2.58% Brisbane 0.90% Burlingame 3.74% Colma 0.53% Daly City 10.13% East Palo Alto 8.70% Foster City 2.15% Half Moon Bay 2.50% Hillsborough 1.16% Menlo Park 4.59% Millbrae 1.92% Pacifica 5.07% Portola Valley 0.37% Redwood City 12.55% San Bruno 6.09% San Carlos 3.15% San Mateo 15.61% South San Francisco 10.27% Woodside 1.03% County 6.27% 251 Page February 5, 2015 Exhibit C Animal Control Contractor Responsibilities Animal Control Contractor shall provide the following services: 1. Enforce all County and City ordinances which are substantially similar to Chapters 6.04, 6.12, and 6.16 of Title 6 of the San Mateo County Ordinance Code and issue citations as appropriate for violations of said Chapters 6.04, 6.12, and 6.16 of Title 6 of San Mateo County Ordinance Code. 2. Enforce all applicable animal control laws of the State of California, unless excluded as specified in this Exhibit, Section 31, Excluded Services. 3. Impound all dogs caught at large and provide for field return as appropriate. 4. Provide rabies investigation and quarantine services according to the procedures described in this document and incorporated herein as Attachment 2 to the Services Agreement between County and Animal Control Contractor (Attachment 1) except as where the Contractor, in its sole opinion, believes that such services would result in conflict with law and/or Contractor's mission and purpose as a humane society for the prevention of cruelty to animals. 5. Notify County by January 316t of the number of quarantines handled for the past calendar year, broken down by city, compared to the average number of quarantines for the prior three calendar years and showing in-home vs. sheltered quarantines. 6. Upon request by City or County, investigate complaints of animal -related public nuisances, except excluded services as specified in this Exhibit, Section 31 Excluded Services. 7. Remove dead animals from the public right-of-way, except freeways and/or highways which are maintained by CALTRANS. 8. Remove stray dead domestic animals from private property for no charge. 9. Remove owned domestic dead animals at the request of owner with a charge to the citizen requesting the service. 10. Investigate and follow up with impoundment, citation and/or prosecution of reported animal bites and attacks in conjunction with City Attorney and/or District Attorney. 11. If euthanasia is necessary for a sick or injured wild animal in the field, the euthanasia shall be conducted by trained personnel with necessary equipment, both of which will be provided by Contractor. This service shall be available twenty-four (24) hours a day, seven (7) days a week. 261 Page February 5, 2015 12. Investigate and follow-up on dangerous and vicious animal complaints, including but not limited to, initially determining the designation of animal as dangerous or vicious, as defined by appropriate ordinance; testifying at hearings; monitoring dangerous animal permits; investigating and citing owners for permit violations; impounding all dangerous and vicious animals posing an immediate threat to the public health and safety; euthanizing vicious animals; and performing annual inspections of residences maintaining dangerous animals. Under no condition shall a dangerous or vicious animal designation when determined in accordance with relevant County or City ordinance, placed on an animal by a law enforcement officer of any contract area as shown in Exhibit A to be overridden by Contractor. In cases where the contract area law enforcement officer is designating the animal as dangerous or vicious, Contractor's responsibility is limited to testifying as may be needed regarding prior history with animal and/or owner. 13. Investigate dog vs. person incidents at County and/or City or other approved off - leash dog areas including dog parks, beaches, public parks, etc., and if appropriate, designate animal as dangerous or vicious. 14. Assign animal control and/or humane officers to perform the functions specified throughout this Exhibit. Such officers shall conduct routine patrols except areas noted in Excluded Services 31.1-31.12; respond to complaints; investigate and perform rescues; comply with court subpoenas; impound dangerous, vicious, injured, and/or loose animals. 15. Employ sufficient resources to provide the level of service guaranteed to County and contract areas as shown in Exhibit A. 16. Field Enforcement Staffing & Services 16.1 Contractor shall staff its field services adequately to provide field enforcement services throughout the County as provided hereunder. Field Services enforcement shall be provided twenty-four (24) hours a day, seven (7) days a week as specified in this Exhibit, Section 16. 16.2 Contractor's field services shall include enforcement of all local ordinances which are substantially similar to the County's Ordinance 6.04, 6.12, 6.16 and all related state laws pertaining to animals, except as otherwise noted in the Services Agreement between County and Animal Control Contractor (Attachment 1). 271 Page February 5, 2015 16.3 Field Enforcement shall include: a) Priority 1 Calls. Contractor shall immediately respond to all emergency calls for service, but always within one hour. For the purpose of this subsection, an 'emergency call' means a sick or injured animal; complaint of a bite or attack in progress; a bite or attack which has occurred and where the animal remains a threat to persons or property; or a Dangerous Animal Permit violation that has occurred and same Dangerous Animal remains a threat to persons or property; reports of aggressive dogs or dog packs; and stray dogs confined by law enforcement; and b) Priority 2 Calls. Contractor shall respond without unnecessary delay to all non -threatening Dangerous Animal Permit violations; late reports of animal bites or attacks where there is no longer an immediate threat to persons or property. Priority 2 Calls should routinely be resolved as soon as reasonably possible, but always within twelve (12) hours of receiving the call; and c) Priority 3 Calls. Contractor shall respond as soon as reasonably possible to calls pertaining to quarantines; non -threatening loose dogs; stray livestock; or dead animal pick up; and all other non -emergency calls for service including pick up of confined strays from the public, but always within twenty-four (24) hours of receiving the call. Notwithstanding any other provision herein, Contractor shall respond on Sundays, holidays, and after regular patrol hours (9pm-8am) only to calls in the Priority 1 and 2 categories unless staffing is available. In any case wherein the Contractor does not believe it will be able to respond within these guidelines, the Contractor shall inform the reporting party and/or the local law enforcement agency as to the reason for the delay and an anticipated time frame for the Contractor's response. 16.4 When there is reasonable belief of a person's or an animal's exposure to rabies, Contractor will immediately notify Public Health personnel, 650.573.2346, 8am-5pm, M -F or 650.363.4981 after hours/holidays. 17. Impoundment 17.1 Within 24 hours of receipt of a specific' request from City and/or County law enforcement agencies, Contractor shall promptly impound any animal when lawfully requested. The requesting law enforcement agency must be present at the scene of the impoundment and must provide Contractor with any warrants required for entry and/or impoundment. This request may come at any time the local law enforcement agency deems it is appropriate. 17.2 Contractor shall not release any impounded animals unless the owner of such animal, or another individual with express verbal or written authority 281 Page February 5, 2015 from the owner to pick up the animal, appears at the Contractor's facility, and pays relevant impoundment, emergency medical treatment, and licensing/permit fees to redeem said animal. 17.3 Contractor shall maintain for four (4) years records of animals impounded including the description of animal; date of receipt; date and manner of disposition; treatment received; name and address of person who redeemed or adopted animal; and fees, charges and proceeds charged and collected for adoption or redemption. Contractor shall record all inoculations, which will then be included as part of said record. 18. May issue citations to any person whose animal is in violation of any state statute or County and/or City ordinance, unless noted as an exception elsewhere in the Services Agreement between County and Animal Control Contractor (Attachment 1). 19. Refer neighborhood related animal complaints to the Peninsula Conflict Resolution Center or appropriate local mediation service. 20. Sheltering Services 20.1 Shall provide shelter services including receiving and impounding animals; housing animals; redemption of animals; treatment of animals; spay/neuter of animals; euthanasia of animals; and/or disposal of animals. 20.2 Employ sufficient resources to provide the level of sheltering services guaranteed in the Services Agreement between County and Animal Control Contractor (Attachment 1). 20.3 Shelter and care for all animals received twenty-four (24) hours a day, seven (7) days a week. 20.4 Provide services as required by the State of California Penal Code 597.1 and state laws governing shelters for animal care, treatment, holding periods, and placements and dispositions. 20.5 Shall have business offices and public access areas of shelter to be open to the public on a schedule designed to benefit the public and facilitate the services established in this Services Agreement, provided that the hours and access be a minimum of forty (40) hours per week. Contractor shall post and publicize public hours, and inform the County and contract areas shown on Exhibit A of hours and of any change in hours. 20.6 May subcontract, with prior written approval of the County, for the service of decapitation of animals for rabies testing, as long as such subcontract does not increase costs to County and contract areas shown on Exhibit A. 291 Page February 5, 2015 20.7 Microchip all animal designated as Dangerous prior to release if medically appropriate and owner is compliant. In the instance of a non-compliant owner, Contractor shall attempt at the first annual inspection of the owner's property to ascertain that the animal has in fact been microchipped as required by County Ordinance and shall report their findings to County in a timely fashion. 21. Treatment. Staffing and Services 21.1 Shall provide or arrange to provide treatment to injured or sick animals in accordance with Section 597.1 of the State of California Penal Code and other relevant state law. 21.2 Employ sufficient resources to provide the level of treatment services guaranteed in the Services Agreement between County and Animal Control Contractor (Attachment 1). 21.3 Bring all injured and/or sick dogs and cats found without an owner in a public place or confined by a citizen directly to a veterinarian in the community or to the Contractor's facility where it will be determined whether said animal should be immediately euthanized or be hospitalized under proper care and given emergency treatment. Injured or sick animals will only be transported to Contractor's facility if staff and/or volunteers are available to treat said animals. 21.4 On holidays, weekends, and between 6pm and 8am, M -F, and as may be otherwise needed on an emergency basis, all injured and/or sick animals may be taken by Contractor to an emergency veterinarian clinic/hospital if Contractor's staff and/or volunteers are unavailable to treat said animals and if the condition of the animal requires immediate treatment according to the judgment of the Contractor. 21.5 If an animal becomes sick and/or injured while at the Contractor's facility, it will be treated by the Contractor's available veterinary staff and/or volunteers. If staff and/or volunteers are not available to treat sick and/or injured animal, it will be transported to a veterinary clinic/hospital for emergency or immediate treatment, if needed. 22. Licensing & Permit Issuance for Dogs and Cats. Contractor shall: 22.1 Not release any impounded dog or cat to its owner unless it is licensed as required by applicable ordinance unless refusing to release the animal causes a conflict to the Contractor's mission and purpose as a humane 301 Page February 5, 2015 society for the prevention of cruelty to animals, and/or where efforts to collect fees would, in Contractor's estimation, potentially jeopardize safety of its staff, volunteers, or facilities. 22.2 License and/or issue required permits and collect applicable fees for all dogs and cats that are encountered at the Airport Blvd. shelter as required by applicable ordinance. 22.3 Issue dog and cat licenses to the general public as required by applicable ordinance and collect applicable fees. 23. Performance Measures. Contractor shall: 23.1 Collect and maintain data as outlined in the Services Agreement between County and Animal Control Contractor (Attachment 1) Section 8 Performance Measures. 23.2 Report calendar year data to County by January 15t" of each year of the Services Agreement between County and Animal Control Contractor (Attachment 1).. 24. Pick up of animals. Contractor shall: 24.1 Pick up and dispose of any dead animal on any street, sidewalk, or other public property with reasonable access as determined in the sole discretion of Contractor except as otherwise indicated in this Exhibit. 24.2 Pick up and dispose of domestic animals on private property for free if the animal is not owned (stray). 24.3 Pick up domestic, owned animals on private property for a fee. 24.4 Pick up and/or dispose of dead or live wildlife on private property or brought to shelter if such wildlife has had direct contact with humans and/or domestic animals which are involved in a bite, attack, is sick, or is injured. 24.5 Dispose of dead or live wildlife or domestic dead animals that are brought to the shelter. 25. Disaster Preparedness. Contractor shall participate in a minimum of one full-scale exercise with San Mateo 311 Page February 5, 2015 County Health System or the Office of Emergency Services annually. County to provide Contractor with a list of exercises which meet this requirement. 26. Reporting Contractor shall: 26.1 Provide complete statistical and other summary information regarding activities and services performed under the Services Agreement between County and Animal Control Contractor (Attachment 1) upon request and with reasonable notice from County or contract areas as well as from members of the public. 26.2 Provide monthly sheltering, field services, and adoption statistical reporting to County and Cities. Information contained on said monthly reports shall be agreed upon by Parties annually. 26.3 Provide annual reports on : a) Total rabies vaccinations given to dogs and cats by Contractor b) Total quarantines (home & shelter) monitored by Contractor c) Total spay/neuter surgeries provided by Contractor Information contained on said annual reports shall be agreed upon by Parties annually. 26.4 Provide annually an organizational chart showing Contractor staff positions for all areas of the Services Agreement between County and Animal Control Contractor (Attachment 1). 26.5 Work with County representatives to identify means to best gauge County & Cities fee structure. 27. Record Requests 27.1 Comply with any request by a representative of County for records or documents. Nothing in the Services Agreement between County and Animal Control Contractor (Attachment 1) obligates Contractor to release names, addresses, phone numbers and/or any other personal, private or other identifying information that it deems confidential for the purposes of conducting its business or for maintain individuals' privacy protection. Contractor agrees to hold harmless and indemnify County and its officer, agents and employees, against any and all claims, suits or actions of any kind resulting from any decision by Contractor, or its officers, agents or 321 Page February 5, 2015 employees, to withhold any document or information from any member of the public. 27.2 Provide Dangerous or Vicious animal reports prepared by Contractor for purpose of administrative hearings to the County or City and the animal owners, and other interested parties so requesting, no less than three days prior to the scheduled hearing; provided however that Contractor reserves the right to maintain the confidentiality of any private information as described in the Services Agreement between County and Animal Control Contractor (Attachment 1) Section 13 Hold Harmless. 28. Audit Requirement & Records Contractor shall annually hire an independent auditor who will conduct a fiscal year audit of all expenses and revenues and services provided hereunder. The auditor must document and express an opinion on program revenues, expenses and units of service and must conduct audit in accordance with generally accepted auditing standards. The audit report shall also express an opinion regarding compliance with the financially related terms of the Services Agreement between County and Animal Control Contractor (Attachment 1) and the requirements and regulations contained hereunder. The completed written audit and opinions shall be supplied to the County by December 31st of each calendar year for the previous fiscal year. Contractor shall maintain books, records, reports and accounts adequate to allow County and/or the auditor to fully evaluate, assess and audit Contractor's performance of services and use of contract funds under the Services Agreement between County and Animal Control Contractor (Attachment 1). 29. Vaccination Clinics 29.1 Contractor will hold a minimum of one low cost vaccination clinic per month at the animal control shelter. 29.2 County licensing staff will participate at the clinic for no additional payment to Contractor. 30. Communications 30.1 Contractor agrees to report to the City Managers' Group upon request, at a maximum of quarterly over the term of the Services Agreement between County and Animal Control Contractor (Attachment 1). 30.2 Contractor agrees to meet with representatives of Contractor's Board of Directors and a committee of City and County elected officials upon request, at a maximum of once a year over the term of the Services Agreement between County and Animal Control Contractor (Attachment 1). 331 Page February 5, 2015 31. Excluded Services 31.1 Enforcement of regulations regarding the number of animals per household. 31.2 Removal and/or disposal of dead marine animals. 31.3 Pick up of baby birds. 31.4 Pick up of dead animals (deer, wildlife or domestic) from freeways or highways (1, 35 (Skyline Blvd.), 82 (EI Camino Real), 84 (Woodside Road), 92, 101, 109, 114, 230, 280, 380). Freeways and highways are maintained by CALTRANS. 31.5 Respond to barking dog complaints or animal noise nuisance complaints. 31.6 Enforce state law and regulations related to the prevention of cruelty to animals including but not limited to animal abandonment. 31.7 Respond to marine mammals/fish whether dead or alive. 31.8 Respond to pest -control issues (e.g., infestations, perceived or real, of rats, mice, insects, gophers, wasps, or spiders). 31.9 Respond to mountain lions and any wildlife incidents that could constitute a violation of the Contractor's California Department of Fish and Wildlife permits. 31.10 Respond to incidents involving dangerous escaped exotic animals. 31.11 Investigate dog vs. dog incidents at County and/or City or other approved off -leash dog areas including dog parks, beaches, public parks, etc. 31.12 Routine patrol of leash -law enforcement in parks, beaches, and other public places. Contractor will respond to complaints, calls, and observed violations regarding off -leash dogs in parks, beaches, and other public places, yet not complete routine patrols. 341 Page February 5, 2015 Exhibit D Animal Licensing Contractor Responsibilities Animal Licensing Contractor shall provide the following services: Management of daily operations for animal licensing Data Entry & Processing Process correspondences from pet owners including, but not limited to, issuing tags. Provide timely billing and renewal notices to pet owners, with at least one of the notices to be printed on an 8 '/z x11 sheet of paper and a return envelope is enclosed. In addition, at least one of the notices will provide pet owner with the date in which the late fee became due. - Provide data entry of both new and renewal licenses and vaccination information. Implement procedures for verification of information submitted. Ensure complete, unduplicated, and accurate information. Process, collect, and provide receipts for animal licensing fees. Provide licensing and vaccination data for a weekly transfer of data from the Contractor's database into County's proprietary database. Provide customer service including communication with citizens, veterinarians, and designated County staff. Issue service animal tags to County approved service animal owners. Assist County staff in processing rabies exemption applications. Veterinarians & Other Authorized Registrars Process license sales and vaccination reports from other sources (i.e. the local animal shelter, veterinary clinics, pet stores, etc.) Assist County staff to ensure reasonable quantities of on-site of basic supplies (reporting forms, vaccination certificates, citizen mailing envelopes, et.) necessary to sell license tags and/or report information on citizens vaccinating their animals against rabies. Animal License Tags Process and mail license tags within a maximum of 10 business days, with a turnaround goal of 5 business days, after receipt of payment and completed information as required by the local ordinance. 351 Page February 5, 2015 Issue replacement tags to pet owners whose license tags have been lost, stolen, or damaged. Electronic Payments & Banking Provide the ability for pet owners to pay through the Contractor's Merchant Service Provider. Provide on-line customer service via the Contractor's website to allow pet owners to make license payments or donations. Deposit all receipts collected for licensing into a bank account set up solely for the purpose of managing County animal licensing funds. Make daily deposits and transmit verification of said deposits to designated County staff by the tenth of the following month. Collect and report electronic and charge card payments and transmit verification of said deposits to designated County staff by the tenth of the month. Send all funds collected and deposited on behalf of the County via a monthly wire transfer by the tenth of the following month. Accept license fees from licensees via the following forms of payment at a minimum: check, money order, debit or ATM Card, or credit cards. Charges to Licensee for on-line payments: Cost of Recovery Processing Fees in the amount of $1.95 per on-line transaction to be charged to licensee*. Note: Contractor shall use their own designated Merchant Service Provider to conduct all credit card transactions and shall retain the Cost Recovery Processing Fees collected. *More than one pet can be licensed per on-line transaction and pet owner will be charged a single fee for the on-line transaction. Communication & Access Provide timely responses to and communication with citizens, County designees, and Animal Control and Licensing program representatives including Animal Control Officers. Provide a customized San Mateo County toll-free number and answering service. Provide 24/7 access to Contractor's database by County, Emergency Dispatch, and any other authorized Division personnel, including login. Communicate to pet owners on the status of their pet's license status including annual billing. 361 Page February 5, 2015 Reporting Provide monthly report of animals licensed to the County. Provide statistical reports as requested by the County. Provide monthly report of all veterinarians who are delinquent in submitting their monthly vaccination without license (VWL) reports. Provide monthly, quarterly, and annual lists of delinquent licenses as requested by the County. Additional Services Work in partnership with County staff on developing and implementing options to increase licensing compliance. Contractor agrees that the animal licensing information belongs to the County and will never sell, transfer, or release personal data to a third party. With the exception of the license tags and/or customized inserts, Contractor agrees to cover the cost of all animal licensing supplies needed for daily operation. Contractor agrees to comply with California state and local laws governing animal licensing. Contractor will back up all databases twice during the working day. 371 Page February 5, 2015 ATTACHMENT 1 AGREEMENT BETWEEN THE COUNTY OF SAN MATEO AND THE PENINSULA HUMANE SOCIETY & SPCA, A CALIFORNIA NONPROFIT CORPORATION THIS AGREEMENT, entered into this_ day of , 20_, by and between the COUNTY OF SAN MATEO, hereinafter called "County," and PENINSULA HUMANE SOCIETY & SPCA, hereinafter called "Contractor'; WITNESSETH: WHEREAS, pursuant to Government Code Section 31000, County may contract with independent contractors for the furnishing of such services to or for County or any Department thereof; and WHEREAS, it is necessary and desirable that Contractor be retained for the purpose of providing animal care, control and shelter services, as required under local and state law and in the interest of the public safety and welfare, for the entire unincorporated territory of the County of San Mateo and all cities of the County of San Mateo which have contracted with the County for such services (collectively hereinafter, "Cities"); and WHEREAS, Contractor is a private, nonprofit corporation organized under the California Nonprofit Public Beneft Corporation law for charitable purposes, including for the prevention of cruelty to animals; and _ WHEREAS, County and Contractor (collectively hereinafter, "Parties") wish to enter into a written Agreement for Animal Control and Shelter Services, in which Contractor agrees to perform and County agrees to compensate Contractor for performance of certain specified animal care, animal control, and shelter services (hereinafter, "Services Agreement"); and WHEREAS, Parties entered into a written Lease Agreement, dated October 12, 1971, as amended (hereinafter, "Lease Agreement'), in which County leased to Contractor and Contractor leased from County certain premises located at 12 Airport Boulevard in the City of San Mateo containing approximately 8.766 acres, more or less, at the rental rate of one dollar ($1.00) per annum for an initial period of four (4) years, ending -- - August 31, 1975, and renewable at the option of Contractor for three (3) successive periods of twenty-five (25) years each upon written notice to the County, for use and occupation of Contractor in carryingoutthe animal rare, control and shelter services specified in the Services Agreement; and WHEREAS, on or about August 17, 1976, Parties entered into an amendment of the October 12., 1971 Lease Agreement whereby Contractor relinquished a portion of the leased area (identified as Parcel B on Exhibit A) and the County added to the leased area 381Paga February 5, 2015 a portion (identified as Parcel C on Exhibit A), such that the Amended Lease Agreement encompassed a lease of approximately six (6) acres of County real property; and WHEREAS, on or about August 12, 2003, County sent written notice to Contractor terminating Parties' Lease Agreement early as of August 12, 2006, pursuant to Section 18(b) of the Lease Agreement (hereinafter, "Lease Termination Notice"), and WHEREAS, on or about June 17, 2003, December 14, 2004, April 24, 2007, and April 26, 2011, Parties entered into written agreements for Animal Control Services and Shelter Services for the purpose of amending and extending the term of the Services Agreement and extending the term of the Lease Agreement by a period ending June 30, 2015; and WHEREAS, Parties desire to enter into a Services Agreement and extend the current Lease Agreement as set forth herein. NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES HERETO AS FOLLOWS: 1. Exhibits and Attachments The following exhibits and attachments are attached to this Services Agreement and incorporated Into this Services Agreement by this reference: Exhibit A—Leased Areas Exhibit B—Contract Areas Exhibit C—Services Exhibit D — Fees to Be Collected for Services Provided Exhibit E—Payments and Rates Attachment 1 — Public Works Inspection dated March 16, 2009 Attachment 2 — Quarantine Algorithm dated February 5, 2014 2. Contractor to Provide 2.1 Services. In consideration of the payments set forth herein and in Exhibit E, and under the general direction of representatives of the San Mateo County Health System, Contractor shall provide animal control services including field enforcement, shelter services, and treatment including spay and neuter, of all animals as described in Exhibit C for County and contract areas as shown in Exhibit B. 2.2 Facilities & Equipment. Unless stated elsewhere in the Services Agreement, Contractor is responsible for the purchase, repair, and maintenance costs of all facilities and equipment needed to perform services outlined in Exhibit C. If County and Cities choose, at their own discretion, to replace equipment that is used solely by the Contractor for the purpose of this Services 391 Page February 5, 2015 Agreement, County and Cities will be financially responsible for the purchase cost of said equipment. Parties acknowledge that the County has prepared a Maintenance & Repair survey of conditions and deferred maintenance and repairs of the portion of the PHS/SPCA facilities used for contracted animal control services, located at 12 Airport Boulevard in the City of San Mateo, which document is attached and incorporated herein as Attachment 1 ("Survey'). While Contractor may use contract funds for the general maintenance of the PHS/SPCA facility located at 12 Airport Boulevard in the City of San Mateo that are used to provide contracted animal control services, repairs shall be prioritized to those noted in the "Survey' or that ensure safe and effective operation of the facility. Contractor will send the County a quarterly itemized report showing the repairs and maintenance performed at the facility. The Contractor agrees to allow the County Department of Public Works to access to the facility quarterly to review conditions. This authorized visit does not in any way create a process for authorizing repairs as the decision ofwhich repairs to perform remains at the discretion of the Contractor. In the event of an emergency safety related repair or other repair deemed necessary inorder to maintain the facility in operable condition is needed to the portions of the PHS/SPCA facility located at 12 Airport Boulevard in the City of San Mateo that are used to provide contracted animal control services, Parties agree to meet in good faith to jointly determine which maintenance or repairs are required and whether or not such repair work shall be undertaken. If County and Cities choose to terminate for reasons other than material breach of this Services Agreement or County and Cities choose not to renew this Services Agreement, County and Cities shall be financially responsible for the remaining cost of any lease forvehicles or equipment used by the Contractor solely for the purpose of this Services Agreement. 3. County to Provide 3.1 Delivery of Animals. Any animal taken into custody by an employee or officer of the County or an employee or officer of a City shall be delivered to the Contractor at its shelter or held in a humane way at a designated holding area until it can be picked up by Contractor. 3.2 Uniform Ordinances and Citation Authority. County shall encourage jurisdictions shown on Exhibit B to adopt and maintain the same animal 401 Page February 5, 2015 control ordinance and fee schedule as the County. The animal control ordinances for all jurisdictions shown on Exhibit B shall be substantially the same as the provisions of Chapters 6.04, 6.12, and 6.16 of Title 6 of the San Mateo County Ordinance Code, as amended, to be effective within the city limits. The fee schedule shall be the same as outlined in Chapter 6.04.290 of the San Mateo County Ordinance Code. Enforcement of city ordinances which differ substantially from the County ordinance and which result in an increase to Contractor's costs shall be reimbursed directly by the city requiring additional services, as negotiated between city requiring additional services and Contractor; alternately, Contractor may, at its sole discretion, choose not to provide enforcement of city ordinances which differ substantially from the County ordinance. Provision of services to the contracted areas under this Services Agreement shall take priority over such additional services provided separately to contracting cities. County reserves the right to make amendments to its animal control ordinance at any time. County will Involve Contractor in the process of developing proposed ordinance amendments. County will submit any proposed ordinance changes to Contractor, and Contractor will respond within 30 days as to whether or not the proposed ordinance changes are contrary to Contractor's mission and purpose as a humane society for the prevention of cruelty to animals. Contractor will not be obligated to enforce ordinance changes which are contrary to its mission and purpose. Provided the amendments are not contrary to Contractor's mission and purpose, Parties shall negotiate in good faith regarding Contractor's enforcement of the amendments. Should such amendments result in significantly increased costs to Contractor, the Parties agree to negotiate in good faith, appropriate reimbursement, as provided by Section 7 Cost Overruns of this Services Agreement. 3.3 Radios. County shall maintain County -owned radio equipment. 3.4 Dispatch. County shall provide radio dispatching to Contractor between the hours of 6:OOpm and 8:OOam Monday through Friday and 5:00pm and 8:00am Saturday, Sunday, and Holidays. Parties shall meet. when necessary to agree upon the relevant voicemail message the public hears on Contractor's telephone during County dispatch hours. 3.5 Supplies. County shall provide animal licensing tags for dogs, cats, animals held under a Dangerous Animal Permit, and animals designated as Service Animals. 411 Page February 5, 2015 3.6 Revenue Services. County shall provide collection services for fees that are unoollectable after a service has been provided in the cases when the Contractor determines failure to provide the service would result in conflict to the Contractor's mission and purpose as a humane society for the prevention of cruelty to animals and Contractor has made every reasonable attempt to collect said fees. Contractor has no legal authority to negotiate, waive or retain fees for services outlined in Exhibit C. 3.7 Training. County shall provide decapitation training and materials to Contractor's staff to ensure their health and safety. 3.8 Documents. Parties shall meet when necessary to agree upon any relevant printed materials which are to be prepared and distributed by the Contractor for use in executing the Services Agreement.. - 4. Payments 4.1 In consideration of the services provided by Contractor in accordance with all terms, conditions, and specifications set forth herein and in Exhibit C, County shall make payment to Contractor based on the rates and in the manner specified in Exhibit E. In no event shall the County's fiscal obligation under this Services Agreement exceed Thirty One Million Four Hundred Thirty One Thousand Two Hundred and Eighty Two Dollars ($31,431,282) except as provided by 7.1 of this Services Agreement. 4.2 County reserves the right to withhold payment if County determines that the quantity or quality of the work performed is in deficient and in breach of the terms of this Services Agreement unless, after County provides written notice to Contractor of the deficiencies, Contractor cures said deficiencies within sixty days of the written notice of deficiencies. 5. Fiscal and Program Monitoring 5.1 Representatives designated by the Parties may meet to review year-to- date expenditures and to discuss any financial or programmatic issues that either party may have. Either party may request a special meeting for these purposes and upon reasonable notice. Any changes in the amount to be paid to the Contractor shall require Board of Supervisors and Cities' approval. If requested by the County, members of the Contractor's Board of Directors Executive Committee and/or President shall meet with representatives from the San Mateo County City Managers Association. 5.2 Where County and Cities. issue permits for public exhibitions and events which include animals, such permits shall not be issued without the input of Contractor. Contractor is entitled to recover costs which relate to 421Paga February 5, 2015 staffing that may result during or after the exhibition or event. Such costs shall be collected from the permit applicant by City or County as part of the permit process and then such fee shall be provided to Contractor based on a fee schedule set by Contractor and approved by the City or County in which the event is taking place. Contractor agrees to expeditiously review permits and provide input to the County or City. The provisions of this paragraph do not apply to public exhibitions and events where the only animals included in such events are anticipated to be service animals or police dogs. 5.3 For budgeting and monitoring purposes, revenue accounts shall be established for each service and shall be maintained separately by Contractor. 6. Use of Contract Revenue 6.1 All funds paid to Contractor pursuant to this Services Agreement shall be used by the Contractorto meet its obligations herein. 6.2 a. Contractor may retain half (50%) of all unspent contract funds with the written approval of the County and exercise full authority over the use of its share, if the County determines that the savings by Contractor have not impacted the quality of services detailed in this contract. b. Approval from County will follow within 90 days subsequent to County review of a mutually acceptable Audit Report, defined in Exhibit C, Section 28 Audit Requirements & Records of this Services Agreement. c. Contractor agrees not to use these savings to provide services which will add on-going costs to services covered by this Services Agreement without written County approval. d. This paragraph shall not apply to cost savings resulting from decreased levels of service due to changes in County or State law as provided by Section 7 Cost Overruns of this Services Agreement. 7. Cost Overruns 7.1 During any fiscal year of this Services Agreement, if the costs necessary and incidental to Contractor's provision of services hereunder are greater than could have been reasonably anticipated, Parties hereto shall meet to discuss what steps should be taken. In no event shall the County provide additional reimbursement for costs overruns without approval of the Board of Supervisors and contracting Cities' representatives. 7.2 If county or state laws are passed during the term of this Services 431Paga February 5, 2015 Agreement that require a greater level of service, County agrees to negotiate in good faith with Cities and Contractor to reimburse Contractor for additional costs associated with implementing the new laws. Should such amendments result in significantly increased costs to Contractor, Parties agree to negotiate in good faith to agree on appropriate reimbursement. If Parties are unable to agree on reimbursement costs, Contractor shall document the increased costs and submit to the County Controller. The Controller will conduct an independent audit. Parties agree to accept the Controller's determination of any increased costs. 7.3 If current state laws are amended, repealed, otherwise changed or suspended during the term of this Services Agreement that reduce, increase, alter, or remove existing relevant mandates, County may require Parties to meet to discuss possible financial and operational impacts of levels of service per the change in law, including but not limited to any decrease in contract amounts paid to Contractor. If within 90 days Parties reach mutual agreement as to how to proceed as a result of the change in law it shall be memorialized as an amendment to this Services Agreement. If after no less than ninety (90) days Parties do not reach mutual agreement as to how to proceed as a result of the change in law, the County Controller will conduct an independent audit. Parties then have the option to accept the Controller's determination. Should Parties decide not to accept the Controller's determination, Parties have an additional thirty (30) days to determine whether they wish to exercise early termination of this Services Agreement, as set forth below. Parties' failure to exercise this early termination option at the end of this thirty (30) days results in this Services Agreement continuing without change or amendment for the duration of the term determined by Section 9 Term and Termination of this Services Agreement. Should either Party chose to exercise this early termination option, the Party shall do so by providing three -hundred -sixty-five (365) days priorwritten notice to other Party of its decision to terminate. Notwithstanding any provision of the Lease Agreement to the contrary, should the County choose to exercise the early termination option described herein by providing the required three -hundred -silly -five (365) days prior written notice of termination of the Services Agreement to Contractor, the early termination of Parties' Lease Agreement shall also be automatically effected thereby, as of the same date of termination as the Services Agreement, without further notice to Contractor, including but not limited to that otherwise required by Section 18 (b) of the Lease Agreement No. 5024 executed October 12, 1971. Performance Measures 8.1 From the effective date of this Services Agreement, Contractor shall implement the following performance measures. 441 Page February 5, 2015 a. Contractor responds to Priority 1 Calls within 60 minutes of receipt of the call. Target= 90% For the purpose of this subsection, "responds" is defined as arriving on -scene. b. Contractor shall not release any impounded animals unless the owner of such animal, or another individual with express written or verbal authority to represent the owner, appears at the Contractor's facility, and pays relevant impoundment, emergency medical treatment, and/or licensing/permit fees to redeem said animal. Target = 100% c. Number of pets receiving a rabies vaccination by Contractor. Target a 10% total increase of animals receiving rabies vaccinations by using the baseline of FY 201415, with a 10°% increase for each consecutive year throughout the term of this Services Agreement. d. All legally required vaccinations will be verified as up-to-date or given to any domestic animal that comes into the Contractor's possession prior to being released back into the community unless Contractor's veterinarian determines said animal has a serious medical condition that by giving the vaccination would riskthe animal's health or well- being. Target= 100°% 8.2 If requested, Contractor shall meet annually with the County and City representatives to develop performance measures that are valid, reliable, and supported by accessible data to be used to evaluate the level and quality of service provided by Contractor. 9. Term and Termination 9.1 Services Agreement. Subject to compliance with all terms and conditions, the term of this Services Agreement shall be from July 1, 2015, through June 30, 2020. In the event of termination, all finished or unfinished documents, data, studies, maps, photographs, reports, and materials (hereafter referred to as materials) prepared by Contractor under this Services Agreement shall become the property of County and shall be promptly delivered to County. Upon termination, Contractor may make and retain a copy of such materials. Contractor shall be entitled to receive payment for work/services provided prior to termination of this Services Agreement. Such payment shall be that portion of the full payment which is determined by comparing the work/services completed to the worktservices required by this Services Agreement. 451Page February 5, 2015 9.2 Material Breach. In the event of a material breach of this Services Agreement by either party, the other party shall notify the breaching party of such material breach and that such breach must be cured within sixty days of the notice. In the event the breaching party does not cure the material breach within sixty days, the notifying party may immediately terminate this Services Agreement or seek any other applicable legal remedy including but not limited to specific performance of this Agreement. Termination is effective on the date specified in the written notice. In any event of termination under this paragraph, Contractor shall be paid for all approved work performed until termination. Contractor shall have no right to, or claim against County or any contracting City for, the balance of the contract amount. 9.3 Lease Agreement. To enable Contractor to perform the services under this Services Agreement for the entire term, Parties hereby agree that Contractor's leasehold of the premises subject to the Parties' Lease Agreement and the Lease Termination Notice shall extend at the rental rate of one dollar ($1.00) per annum, but only so long as this Services Agreement remains in full force and effect. Notwithstanding the above, when the County's proposed new shelter facility is ready to accommodate all services required to be provided by Contractor under this Services Agreement that are now provided in the existing facility, the lease will terminate. At such time, County will provide. Contractor with 90 days written notice to, and Contractor shall within that 90 days, vacate the existing facility unless both parties agree to an extension. 10. , Negotiated Agreement Parties acknowledge and agree that this Services Agreement was reduced to writing by County solely for the convenience of the Parties and that neither party is to be considered the drafter of this Services Agreement for the purposes of construction or interpretation of said Services Agreement or any ambiguity herein. Parties acknowledge that the language and provisions of this Services Agreement was negotiated between the Parties, each of whom had the benefit of legal counsel. 11. Availability of Funds County may terminate this Services Agreement or a portion of the services referenced in the Attachments and Exhibits based upon unavailability of Federal, State, City or County funds by providing written notice to Contractor as soon as is reasonably possible after County learns of said unavailability of outside funding. In the event of termination, Contractor shall only be entitled to payment under this Agreement for services already rendered as of the date of termination and shall refund any payments made in advance for which services have not been rendered. Contractor shall not be obligated to provide any services under this Services Agreement for which funding is not available. 12. Relationship of Parties 461Paga February 5, 2015 Contractor agrees and understands that the work/services performed under this Services Agreement are performed as an independent contractor and not as an employee of County and that neither Contractor nor its employees acquire any of the rights, privileges, powers, or advantages of County employees. 13. Hold Harmless 13.1 Contractor shall hold harmless and indemnify the County, and each participating city as listed in Exhibit B as third party beneficiaries of this Services Agreement, their officers, agents, and employees from all claims, suits or actions of every name, kind and description, brought for, or on account of injuries to or death of any person, including but not limited to Contractor or its agents, officers or employees, or damage to property of any kind whatsoever and to whomsoever belonging, including but not limited to Contractor or its agents, officers, or employees, or any other loss or cost, resulting from the performance or nonperformance of any work or obligations required by the Agreement of Contractor, and/or from any activities undertaken by Contractor, its officers, employees or agents, under this Agreement, and which result from the negligent or intentional acts or omissions of Contractor, its officers or employees. The duty of Contractor to hold harmless and indemnify as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code. 13.2 County shall hold harmless and indemnify the Contractor, its officers, agents, and employees from all claims, suits or actions of every name, kind and description, brought for, or on account of injuries to or death of any person, including but not limited to County or its agents, officers or employees, or damage to property of any kind whatsoever and to whomsoever belonging, including but not limited to County or its agents, officers, or employees, or any other loss or cost, resulting from the performance or nonperformance of any work or obligations required by the Agreement of County, and/or from any activities undertaken by County, its officers, employees or agents, under this Agreement, and which result from the negligent or intentional acts or omissions of County, its officers or employees. The duty of County to hold harmless and indemnify, as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code. In the event of concurrent negligence of the County, its officers, agents and/or employees, and the Contractor, its officers, agents and/or employees, then the liability for any and all claims for injuries or 471 Page February 5, 2015 damages to persons and/or property or any other loss or costs which arise out of the terms, conditions, covenants, promises and responsibilities of this Agreement, shall be apportioned according to the California theory of comparative negligence. 14. Assignability and Subcontracting If the Cities within San Mateo County and the County establish a Joint Powers Agency to implement the administrative function of the Animal Control Program, this Services Agreement may be assigned to it by the County. Contractor may not assign this Services Agreement in whole or in part to a third party without the prior written approval of the County except as otherwise noted elsewhere in this Services Agreement. All obligations contained. herein shall remain in force following any such assignment, except by mutual written agreement of Parties. Any such assignment or subcontract without County's prior written consent shall give County the right to automatically and immediately terminate this Services Agreement. 15. Insurance Contractor shall not commence work or be required to commence work under this Services Agreement unless and until all insurance required under this Section has been obtained and such insurance has been approved by County's Risk Management, and Contractor shall use diligence to obtain such insurance and to obtain such approval. Contractor shall furnish County with certificates of insurance evidencing the required coverage, and there shall be a specific contractual liability endorsement extending Contractor's coverage to include the contractual liability assumed by Contractor pursuant to this Services Agreement. These certificates shall specify or be endorsed to provide that thirty (30) days' notice must be given, in writing, to County of any pending change in the limits of liability or of any cancellation or modification of the policy. 15.1 Workers' Compensation and Employer's Liability Insurance. Contractor shall have in effect during the entire term of this Services Agreement workers' compensation and employer's liability insurance providing full statutory coverage. In signing this Services Agreement, Contractor certifies, as required by Section 1861 of the California Labor Code, (a) that it is aware of the provisions of Section 3700 of the California Labor Code, which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of the Labor Code, and (b) that it will comply with such provisions before commencing the performance of work under this Services Agreement. 15.2 Liability Insurance. Contractor shall take out and maintainduring the term of this Services Agreement such bodily injury liability and property damage liability insurance as shall protect Contractor and all of its employees/officersragents while performing work covered by this Services 481 Page February 5, 2015 Agreement from any and all claims for damages for bodily injury, including accidental death, as well as any and all claims for property damage which may arise from Contractor's operations under this Services Agreement, whether such operations be by Contractor, any subcontractor, anyone directly or indirectly employed by either of them, or by an agent of either of them. Such insurance shall be combined single limit bodily injury and property damage for each occurrence and shall not be less than the amount specified below. Such insurance shall include: (a) Comprehensive General Liability......... $1,000,000 (b) Motor Vehicle Liability Insurance ......... $1,000,000 (c) Professional Liability ................... $1,000,000 County and its officers, agents, employees, and servants shall be named as additional insured on any such policies of insurance, which shall also contain a provision that (a) the insurance afforded thereby to County and its officers, agents, employees, and servants shall be primary insurance to the full limits of liability of the policy and (b) if the County or its officers, agents, employees, and servants have other insurance against the loss covered by such a policy, such other insurance shall be excess insurance only. In the event of the breach of any provision of this Section, or in the event any notice is received which indicates any required insurance coverage will be diminished or canceled, County, at its option, may, notwithstanding any other provision of this Agreement to the contrary, immediately declare a material breach of this Services Agreement and suspend all further work and payment pursuant to this Services Agreement. 16. Compliance With Laws 16.1 All services to be performed by Contractor pursuant to this Services Agreement shall be performed in accordance with all applicable Federal, State, County, and municipal laws, ordinances, and regulations, including but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Federal Regulations promulgated thereunder, as amended (if applicable), the Business Associate requirements set forth in Attachment H (if attached), the Americans with Disabilities Act of 1990, as amended, and Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of handicap in programs and activities receiving any Federal or County financial assistance. Such services shall also be performed in accordance with all applicable ordinances and regulations, including but not limited to appropriate licensure, certification regulations, provisions pertaining to confidentiality of records, and applicable quality assurance regulations. In the event of a conflict between the terms of this Services Agreement and any applicable State, Federal, County, or municipal law or regulation, the requirements of the applicable law or regulation will take precedence over the requirements set forth in this Services Agreement. Notwithstanding, nothing in this Section in any way alters the provisions set forth in Section 3.2, 7.2, 491 Page February 5, 2015 and 7.3 regarding obligations and rights of the Parties as it relates to changes made to City and County ordinances and State laws during the term of this Agreement. 16.2 Further, Contractor certifies that Contractor and all of its subcontractors will adhere to all applicable provisions of Chapter 4.106 of the San Mateo County Ordinance Code, which regulates the use of disposable food service ware. 16.3 Contractor will timely and accurately complete, sign, and submit all necessary documentation of compliance. 17. Non -Discrimination and Other Requirements 17.1 General non-discrimination. No person shall be denied any services provided pursuant to this Agreement (except as limited by the scope of services) on the grounds of race, color, national origin, ancestry, age, disability (physical or mental), sex, sexual orientation, gender identity, marital or domestic partner status, religion, political beliefs or affiliation, familial or parental status (including pregnancy), medical condition (cancer -related), military service, or genetic information. 17.2 Equal employment opportunity. Contractor shall ensure equal employment opportunity based on objective standards of recruitment, classification, selection, promotion, compensation, performance evaluation, and management relations for all employees under this Services Agreement. Contractor's equal employment policies shall be made available to County upon request. 17.3 Section 504 of the Rehabilitation Act of 1973. Contractor shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which provides that no otherwise qualified handicapped individual shall, solely by reason of a disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination in the performance of this Services Agreement. This Section applies only to contractors who are providing services to members of the public under this Services Agreement. 17.4 Compliance with County's Equal Benefits Ordinance. With respect to the provision of benefits to its employees, Contractor shall comply with Chapter 2.84 of the County Ordinance Cade, which prohibits contractors from discriminating in the provision of employee benefits between an employee with a domestic partner and an employee with a spouse. In order to meet the requirements of Chapter 2.84, Contractor must certify which of the following statements is/are accurate: ❑ Contractor complies with Chapter 2.84 by: ❑ offering the same benefits to its employees with spouses and 501Page February 5, 2015 its employees with domestic partners. ❑ offering, in the case where the same benefits are not offered to its employees with spouses and its employees with domestic partners, a cash payment to an employee with a domestic partner that is equal to Contractor's cost of providing the benefit to an employee with a spouse. ❑ Contractor is exempt from having to comply with Chapter 2.84 because it has no employees or does not provide benefits to employees' spouses. ❑ Contractor does not comply with Chapter 2.84, and a waiver must be sought. 17.5 Discrimination Against Individuals with Disabilities. The Contractor shall comply fully with the nondiscrimination requirements of 41 C.F.R. 60- 741.5(a), which is incorporated herein as if fully set forth. 17.6 History of Discrimination. Contractor must check one of the two following options, and by executing this Services Agreement, Contractor certifies that the option selected is accurate: ❑ No finding of discrimination has been issued in the past 365 days against Contractor by the Equal Employment Opportunity Commission, Fair Employment and Housing Commission, or any other investigative entity. ❑ Finding(s) of discrimination have been issued against Contractor within the past 365 days by the Equal Employment Opportunity Commission, Fair Employment and Housing Commission, or other investigative entity. If this box is checked, Contractor shall provide County with a written explanation of the outcome(s) or remedy for the discrimination. - 17.7 Violation of Non-discrimination provisions. Violation of the non-discrimination provisions of this Services Agreement shall be considered a breach of this Services Agreement and subject the Contractor to penalties, to be determined by the County Manager, including but not limited to the following: I) termination of this Services Agreement; it) disqualification of the Contractor from bidding on or being awarded a County contract for a period of up to 3 years; !it) liquidated damages of $2,500 per violation; and/or iv) imposition of other appropriate contractual and civil remedies and 511Page February 5, 2015 sanctions, as determined by the County Manager. To effectuate the provisions of this Section, the County Manager shall have the authority to examine Contractor's employment records with respect to compliance with this Section and/or to set off all or any portion of the amount described in this Section against amounts due to Contractor under this Services Agreement or any other agreement between Contractor and County. Contractor shall report to the County Manager the filing by any person in any court of any complaint of discrimination or the filing by any person of any and all charges with the Equal Employment Opportunity Commission, the Fair Employment and Housing Commission, or any other entity charged with the investigation of allegations within 30 days of such filing, provided that within such 30 days such entity has not notified Contractor that such charges are dismissed or otherwise unfounded. Such notification shall include the name of the complainant, a copy of such complaint, and a description of the circumstance. Contractor shall provide County with a copy of their response to the Complaint when filed. 18. Compliance with County Employee Jury Service Ordinance Contractor shall comply with Chapter 2.85 of the County's Ordinance Code, which states that a contractor shall have and adhere to a written policy providing that its employees, to the extent they live in San Mateo County, shall receive from the Contractor, on an annual basis, no fewer than five days of regular pay for jury service in San Mateo County, with jury pay being provided only for each day of actual jury service. The policy may provide that such employees deposit any fees received for such jury service with Contractor or that the Contractor may deduct from an employee's regular pay the fees received for jury service in San Mateo County. By signing this Agreement, Contractor certifies that it has and adheres to a policy consistent with Chapter 2.85. For purposes of this Section, if Contractor has no employees in San Mateo County, it is sufficient for Contractor to provide the following written statement to County: "For purposes of San Mateo County's jury service ordinance, Contractor certifies that it has no employees who live in San Mateo County. To the extent that it hires any such employees during the term of its Services Agreement with San Mateo County, Contractor shall adopt a policy that complies with Chapter 2.85 of the County's Ordinance Code." 19. Retention of Records. Right to Monitor and Audit 19.1 Contractor shall maintain all records pertaining to services provided under this Services Agreement for a period of four (4) years after County makes final payment and all other pending matters are closed, and Contractor shall be subject to the examination and/or audit of County, a Federal grantor agency, and the State of California. 19.2 Reporting and Record Keeping: Contractor shall comply with all program and fiscal reporting requirements set forth by appropriate Federal, State, and local agencies, and as required by County. 521 Page February 5, 2015 19.3 Contractor agrees upon reasonable notice to maintain and provide to County, to any Federal or State department having monitoring or review authority, to County's authorized representatives, and/or to any of their respective audit agencies access to and the right to examine all records and documents necessary to determine compliance with relevant Federal, State, and local statutes, rules, and regulations, to determine compliance with this Services Agreement, and to evaluate the quality, appropriateness, and timeliness of services performed. 19.4 All books, records, reports and accounts maintained pursuant to this Services Agreement as related to Contractor's activities under this Services Agreement shall be open to inspection and audit by the County or a designated representative, and by representatives of the state and federal government, upon reasonable notice during normal business - hours throughout the life of this Services Agreement and for a period of four (4) years thereafter. 19.5 Contractor shall use all commercially reasonable efforts to achieve economy, efficiency and effectiveness in performance of the services provided. Contractor and County will meet on occasion, as requested by County, but not to exceed more than once per year, to consider revisions which may be needed to the reporting forms created to document performance of the services provided. At any time during the term of this Services Agreement, County may request additional detailed information of one or more services performed for the purpose of a performance audit. The County shall make every effort to follow Generally Accepted Government Auditing Standards (GAGAS). The Contractor shall not unreasonably deny such requests under this intent. County may not require additional information of Contractor which Contractor, in its sole discretion, knows to be unduly burdensome to provide and/or which will interfere with the operations of Contractor's programs and services including such programs and services which are not covered by this Services Agreement. 20. Merger Clause & Amendments This Services Agreement, including the Exhibits and Attachments attached to this Services Agreement and incorporated herein by reference, constitutes the sole Services Agreement of the parties to this Services Agreement and correctly states the rights, duties, and obligations of each party as of this document's date. In the event that any term, condition, provision, requirement, or specification set forth in the body of this Services Agreement conflicts with or is Inconsistent with any term, condition, provision, requirement, or specification in any Exhibit and/or Attachment to this Services Agreement, the provisions of the body of this Services Agreement shall prevail. Any prior agreement, promises, negotiations, or representations between the parties not expressly stated in this document are not binding. All subsequent modifications or amendments shall be in writing 531Page February 5, 2015 and signed by the parties. 21. Controlling Law and Venue The validity of this Services Agreement and of its terms or provisions, the rights and duties of the parties under this Agreement, the interpretation of this Services Agreement, the performance of this Services Agreement, and any other dispute of any nature arising out of this Services Agreement shall be governed by the laws of the State of California without regard to its choice of law rules. Any dispute arising out of this Services Agreement shall be venued either in the San Mateo County Superior Court or in the United States District Court for the Northern District of California. 22. Effectiveness of Services Agreement This Services Agreement becomes effective only after all jurisdictions shown on Exhibit B adopt it by entering into the agreement for animal control services between the County and participating cities. If such County/City Services Agreement is not adopted by all jurisdictions shown on Exhibit B. this Services Agreement is null and void in its entirety except in such an event, Contractor and any of the jurisdictions shown on Exhibit B are in agreement with the terms and conditions and choose to use it as the grounds for considering a Services Agreement acceptable to only those parties, with such changes in payment and other terms as the parties agree. 23. Notices Any notice, request, demand, or other communication required or permitted under this Services Agreement shall be deemed to be properly given when both: (1) transmitted via facsimile to the telephone number listed below or transmitted via email to the email address listed below; and (2) sent to the physical address listed below by either being deposited in the United States mail, postage prepaid, or deposited for overnight delivery, charges prepaid, with an established overnight courier that provides a tracking number showing confirmation of receipt. In the case of County, to: Name/Title: Jean Fraser, Chief of the Health System Address 225-37x^ Avenue San Mateo, CA 94403 Telephone: 650.573.2912 Facsimile: 650.573.2788 Email: JFraser0smcnov.org In the case of Contractor, to: Name/Title: Ken White, President Address: 1450 Rollins Road Burlingame, CA 94010 541 Page February 5, 2015 Telephone: 650.685.8502 Facsimile: 650.348.7891 Email: kwhite®oeninsulahumanesociety.ora 24. Electronic Signature If both County and Contractor wish to permit this Services Agreement and future documents relating to this Services Agreement to be digitally signed in accordance with California law and County's Electronic Signature Administrative Memo, both boxes below must be checked. Any party that agrees to allow digital signature of this Services Agreement may revoke such agreement at any time In relation to all future documents by providing notice pursuant to this Agreement. For County: ❑ If this box is checked by County, County consents to the use of electronic signatures in relation to this Services Agreement. For Contractor: ❑ If this box is checked by Contractor, Contractor consents to the use of electronic signatures in relation to this Agreement. IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have affixed their hands. COUNTY OF SAN MATEO By: President, Board of Supervisors, San Mateo County Date: ATTEST: of Said Board Peninsula Humane Society & SPCA President, Peninsula Humane Society & SPCA 551Paga February 5, 2015 Exhibit A Leased Areas F,XHISITA na n Wah. �a t'a f / / j sm.a• yPININ5UlA HOMNNr, SVCI"rY 561Page February 5, 2015 Exhibit B Contract Areas The unincorporated County and the following Cities have contracted for services pursuant to this Services Agreement: 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 57IPage February 5, 2015 Exhibit C Animal Control Contractor Responsibilities In consideration of the payments set forth in Exhibit E, Animal Control Contractor shall provide the following services: 1. Enforce all County and City ordinances which are substantially similar to Chapters 6.04, 6.12, and 6.16 of Title 6 of the San Mateo County Ordinance Code and issue citations as appropriate for violations of said Chapters 6.04, 6.12, and 6.16 of Title 6 of San Mateo County Ordinance Code. 2. Enforce all applicable animal control laws of the State of California, unless excluded as specified in this Exhibit C, Section 31, Excluded Services. 3. Impound all dogs caught at large and provide for field return as appropriate. 4. Provide rabies investigation and quarantine services according to the procedures described in this document and incorporated herein as Attachment 2 to this Services Agreement except as where the Contractor, in its sole opinion, believes that such services would result in conflict with law and/or Contractor's mission and purpose as a humane society for the prevention of cruelty to animals. 5. Notify County by January 31s' of the number of quarantines handled for the past calendar year, broken down by city, compared to the average number of quarantines for the prior three calendar years and showing in-home vs. sheltered quarantines. 6. Upon request by City or County, investigate complaints of animal -related public nuisances, except excluded services as specified in this Exhibit C, Section 31 Excluded Services. 7. Remove dead animals from the public right-of-way, except freeways and/or highways which are maintained by CALTRANS. 8. Remove stray dead domestic animals from private property for no charge. 9. Remove owned domestic dead animals at the request of owner with a charge to the citizen requesting the service. 10. Investigate and follow up with impoundment, citation and/or prosecution of reported animal bites and attacks in conjunction with City Attorney and/or District Attorney. 11. If euthanasia is necessary for a sick or injured wild animal in the field, the euthanasia shall be conducted by trained personnel with necessary equipment, both of which will be provided by Contractor. This service shall be available twenty-four (24) hours a day, seven (7) days a week. 581 page February 5, 2015 12. Investigate and follow-up on dangerous and vicious animal complaints, including but not limited to, initially determining the designation of animal as dangerous or vicious, as defined by appropriate ordinance; testifying at hearings; monitoring dangerous animal permits; investigating and citing owners for permit violations; impounding all dangerous and vicious animals posing an immediate threat to the public health and safety; euthanizing vicious animals; and performing annual inspections of residences maintaining dangerous animals. Under no condition shall a dangerous or vicious animal designation when determined in accordance with relevant County or City ordinance, placed on an animal by a law enforcement officer of any contract area as shown in Exhibit B to be overridden by Contractor. In cases where the contract area law enforcement officer is designating the animal as dangerous or vicious, Contractor's responsibility is limited to testifying as may be needed regarding prior history with animal and/or owner. 13. Investigate dog vs. person incidents at County and/or City or other approved off - leash dog areas including dog parks, beaches, public parks, etc., and if appropriate, designate animal as dangerous or vicious. 14. Assign animal control and/or humane officers to perform the functions specified throughout this Exhibit. Such officers shall conduct routine patrols except areas noted in Excluded Services 31.1-31.12; respond to complaints; investigate and perform rescues; comply with court subpoenas; impound dangerous, vicious, injured, and/or loose animals. 15. Employ sufficient resources to provide the level of serviceguaranteed in this Services Agreement for County and contract areas as shown in Exhibit B. 16. Field Enforcement Staffing & Services 16.1 Contractor shall staff its field services adequately to provide field enforcement services throughout the County as provided hereunder. Field Services enforcement shall be provided twenty-four (24) hours a day, seven (7) days a week as specified in this Exhibit C. Section 16. 16.2 Contractor's field services shall include enforcement of all local ordinances which are substantially similar to the County's Ordinance 6.04, 6.12, 6.16 and all related state laws pertaining to animals, except as otherwise noted in this Services Agreement. 591 Page February 5, 2015 16.3 Field Enforcement shall include: a) Priority 1 Calls. Contractor shall immediately respond to all emergency calls for service, but always within one hour. For the purpose of this subsection, an 'emergency call' means a sick or injured animal; complaint of a bite or attack in progress; a bite or attack which has occurred and where the animal remains a threat to persons or property; or a Dangerous Animal Permit violation that has occurred and same Dangerous Animal remains a threat to persons or property; reports of aggressive dogs or dog packs; and stray dogs confined by law enforcement; and b) Priority 2 Calls. Contractor shall respond without unnecessary delay to all non -threatening Dangerous Animal Permit violations; late reports of animal bitesor attacks where there is no longer an immediate threat to persons or property. Priority 2 Calls should routinely be resolved as soon as reasonably possible, but always within twelve (12). hours of receiving the call; and -- c) Priority 3 Calls. Contractor shall respond as soon as reasonably possible to calls pertaining to quarantines; non -threatening loose dogs; stray livestock; or dead animal pick up; and all other non -emergency calls for service Including pick up of confined strays from the public, but always within twenty-four (24) hours of receiving the call. Notwithstanding any other provision herein, Contractor shall respond on Sundays, holidays, and after regular patrol hours (9pm-8am) only to calls in the Priority 1 and 2 categories unless staffing is available. In any case wherein the Contractor does not believe it will be able to respond within these guidelines, the Contractor shall inform the reporting party and/or the local law enforcement agency as to the reason for the delay and an anticipated time frame for the Contractor's response. 16.4 When there is reasonable belief of a person's or an animal's exposure to rabies, Contractor will immediately notify Public Health personnel, 650.573.2346, 8am-5pm, M -F or 650.363.4981 after hours/holidays. 17. Impoundment 17.1 Within 24 hours of receipt of a specific request from City and/or County law enforcement agencies, Contractor shall promptly impound any animal when lawfully requested. The requesting law enforcement agency must be present at the scene of the impoundment and must provide Contractor with any warrants required for entry and/or impoundment. This request may come at any time the local law enforcement agency deems it is appropriate. 17.2 Contractor shall not release any impounded animals unless the owner of such animal, or another individual with express verbal or written authority from the owner to pick up the animal, appears at the Contractor's facility, 601Page February 5, 2015 and pays relevant impoundment, emergency medical treatment, and licensing/permit fees to redeem said animal. 17.3 Contractor shall maintain for four (4) years records of animals impounded including the description of animal; date of receipt; date and manner of disposition; treatment received; name and address of person who redeemed or adopted animal; and fees, charges and proceeds charged and collected for adoption or redemption. Contractor shall record all inoculations, which will then be included as part of said record. 18. May issue citations to any person whose animal is in violation of any state statute or County and/or City ordinance, unless noted as an exception elsewhere in this Services Agreement. 19. Refer neighborhood related animal complaints to the Peninsula Conflict Resolution Center or appropriate local mediation service, - 20. Shelterino Services 20.1 Shall provide shelter services including receiving and impounding animals; housing animals; redemption of animals; treatment of animals; spay/neuter of animals; euthanasia of animals; and/or disposal of animals. 20.2 Employ sufficient resources to provide the level of sheltering services guaranteed in this Services Agreement. 20.3 Shelter and care for all animals received twenty-four (24) hours a day, seven (7) days a week. 20.4 Provide services as required by the State of. California Penal Code 597.1 and state laws governing shelters for animal care, treatment, holding periods, and placements and dispositions. 20.5 Shall have business offices and public access areas of shelter to be open to the public on a schedule designed to benefit the public and facilitate the services established in this Services Agreement, provided that the hours and access be a minimum of forty (40) hours per week. Contractor shall post and publicize public hours, and inform the County and contract areas shown on Exhibit B of hours and of any change in hours. 20.6 May subcontract, with prior written approval of the County, for the service of decapitation of animals for rabies testing, as long as such subcontract does not increase costs to County and contract areas shown on Exhibit B under this Services Agreement. 20.7 Microchip all animal designated as Dangerous prior to release if medically appropriate and owner is compliant. In the instance of a non-compliant 611 Page February 5, 2015 owner, Contractor shall attempt at the first annual inspection of the owner's property to ascertain that the animal has in fact been microchipped as required by County Ordinance and shall report their findings to County in a timely fashion. 21. Treatment. Staffing and Services 21.1 She]; provide or arrange to provide treatment to injured or sick animals in accordance with Section 597.1 of the State of California Penal Code and other relevant state law. 21.2 Employ sufficient resources to provide the level of treatment services guaranteed in this Services Agreement. 21.3 Bring all injured and/or sick dogs and cats found without an owner in a public place or confined by a citizen directly to a veterinarian in the community or to the Contractor's facility where it will be determined whether said animal should be immediately euthanized or be hospitalized under proper care and given emergency treatment. Injured or sick animals will only be transported to Contractor's facility if staff and/or volunteers are available to treat said animals. 21.4 On holidays, weekends, and between 6pm and Sam, M -F, and as may be otherwise needed on an emergency basis, all injured and/or sick animals may be taken by Contractor to an emergency veterinarian clinic/hospital if Contractor's staff and/or volunteers are unavailable to treat said animals and if the condition of the animal requires immediate treatment according to the judgment of the Contractor. 21.5 If an animal becomes sick and/or injured while at the Contractors facility, it will be treated by. the Contractor's available veterinary staff and/or volunteers. If staff and/or volunteers are not available to treat sick and/or injured animal, it will be transported to a veterinary clinic/hospital for emergency or immediate treatment, if needed. 22. Licensina & Permit Issuance for Doas and Cats. Contractor shall: 22.1 Not release any impounded dog or cat to its owner unless it Is licensed as required by applicable ordinance unless refusing to release the animal causes a conflict to the Contractor's mission and purpose as a humane society for the prevention of cruelty to animals, and/or where efforts to collect fees would, in Contractor's estimation, potentially jeopardize safety of its staff, volunteers, or facilities. 22.2 License and/or issue required permits and collect applicable fees for all dogs 621 Page February 5, 2015 and cats that are encountered at the Airport Blvd. shelter as required by applicable ordinance. 22.3 Issue dog and cat licenses to the general public as required by applicable ordinance and collect applicable fees. 23. Performance Measures. Contractor shall: 23.1 Collect and maintain data as outlined in this Services Agreement Section 8 Performance Measures. 23.2 Report calendar year data to County by January 151h of each year of this Services Agreement. 24. Pick up of animals. Contractor shall: 24.1 Pick up and dispose of any dead animal on any street, sidewalk, or other public property with reasonable access as determined in the sole discretion of Contractor except as otherwise indicated in this Exhibit. 24.2 Pick up and dispose of domestic animals on private property for free if the animal is not owned (stray). 24.3 Pick up domestic, owned animals on private property for a fee. 24.4 Pick up and/or dispose of dead or live wildlife on private property or brought to shelter if such wildlife has had direct contact with humans and/or domestic animals which are involved in a bite, attack, is sick, or is injured. 24.5 Dispose of dead or live wildlife or domestic dead animals that are brought to the shelter. 25. Disaster Preparedness. Contractor shall participate in a minimum of one full-scale exercise with San Mateo County Health System or the Office of Emergency Services annually. County to provide Contractor with a list of exercises which meet this requirement. 26. Reporting Contractor shall: 26.1 Provide complete statistical and other summary information regarding 631i�_aci=; February 5, 2015 activities and services performed under this Services Agreement upon request and with reasonable notice from County or contract areas as shown on Exhibit 6, as well as from membersof the public. 26.2 Provide monthly sheltering, field services, and adoption statistical reporting to County and Cities. Information contained on said monthly reports shall be agreed upon by Parties annually. 26.3 Provide annual reports on : a) Total rabies vaccinations given to dogs and cats by Contractor b) Total quarantines (home & shelter) monitored by Contractor c) Total spay/neuter surgeries provided by Contractor Information contained on said annual reports shall be agreed upon by Parties annually. 26.4 Provide annually an organizational chart showing Contractor staff positions for all areas of this Service Agreement. 26.5 Work with County representatives to identify means to best gauge County & Cities fee structure. 27. Record Requests 27.1 Comply with any request by a representative of County for records or documents. Nothing in this Services Agreement obligates Contractor to release names, addresses, phone numbers and/or any other personal, private or other identifying information that it deems confidential for the purposes of conducting its business or for maintain individuals' privacy protection. Contractor agrees to hold harmless and indemnify County and its officer, agents and employees, against any and all claims, suits or actions of any kind resulting from any decision by Contractor, or its officers, agents or employees, to withhold any document or information from any member of the public. 27.2 Provide Dangerous or Vicious animal reports prepared by Contractor for purpose of administrative hearings to the County or City and the animal owners, and other interested parties so requesting, no less than three days prior to the scheduled hearing; provided however that Contractor reserves the right to maintain the confdentiality of any private information as described In this Services Agreement, Section 13 Hold Harmless. 641 Page February 5, 2015 28. Audit Requirement & Records Contractor shall annually hire an independent auditor who will conduct a fiscal year audit of all expenses and revenues and services provided hereunder. The auditor must document and express an opinion on program revenues, expenses and units of service and must conduct audit in accordance with generally accepted auditing standards. The audit report shall also express an opinion regarding compliance with the financially related terms of this Services Agreement and the requirements and regulations contained hereunder. The completed written audit and opinions shall be supplied to the County by December 31" of each calendar year for the previous fiscal year. Contractor shall maintain books, records, reports and accounts adequate to allow County and/or the auditor to fully evaluate, assess and audit Contractor's performance of services and use of contract funds under this Services Agreement. 29, Vaccination Clinics 29.1 Contractor will hold a minimum of one low cost vaccination clinic per month at the animal control shelter. 29.2 County licensing staff will participate at the clinic. for no additional payment to Contractor. 30. Communications 30.1 Contractor agrees to report to the City Managers' Group upon request, at a maximum of quarterly over the term of this Services Agreement. 30.2 Contractor agrees to meet with representatives of Contractor's Board of Directors and a committee of City and County elected officials upon request, at a maximum of once a year over the term of this Services Agreement. 31. Excluded Services 31.1 Enforcement of regulations regarding the number of animals per household. 31.2 Removal and/or disposal of dead marine animals. 31.3 Pick up of baby birds, 31.4 Pick up of dead animals (deer, wildlife or domestic) from freeways or highways (1, 35 (Skyline Blvd.), 82 (EI Camino Real), 84 (Woodside Road), 92, 101, 109, 114, 230, 280, 380). Freeways and highways are maintained by CALTRANS. 651 Page February 5, 2015 31.5 Respond to barking dog complaints or animal noise nuisance complaints. 31.6 Enforce state law and regulations related to the prevention of cruelty to animals including but not limited to animal abandonment. 31.7 Respond to marine mammals/fish whether dead or alive. 31.8 Respond to pest -control issues (e.g., infestations, perceived or real, of rats, mice, insects, gophers, wasps, or spiders). 31.9 Respond to mountain lions and any wildlife incidents that could constitute a violation of the Contractor's California Department of Fish and Wildlife permits. 31.10 Respond to incidents involving dangerous escaped exotic animals. 31.11 Investigate dog vs. dog incidents at County and/or City or other approved off -leash dog areas including dog parks, beaches, public parks, etc, 31.12 Routine patrol of leash -law enforcement in parks, beaches, and other public places. Contractor will respond to complaints, calls, and observed violations regarding off -leash dogs in parks, beaches, and other public places, yet not complete routine patrols. 661 Page February 5, 2015 Exhibit D Fees To Be Collected For Services Provided In consideration of the payments set forth in Exhibit E, Contractor shall make every attempt to collect all of the following fees from the responsible party. Contractor has no authority to negotiate, waive, or retain fees. However, where failure to provide the service would result in a conflict to the Contractor's mission and purpose as a humane society for the prevention of cruelty to animals, and/or where efforts to collect fees would, in Contractor's estimation, potentially jeopardize safety of its staff, volunteers or facilities, County agrees to provide collection services for said fees. The following are fees as outlined in the applicable County or City Fee Ordinance are to be charged and collected by the Contractor to the party taking responsibility of the animal and then sent on a weekly basis to the County by the Contractor. Licensing revenue is to be itemized by jurisdiction and category type.in a format provided by the County. (a) All licensing fees as shown in San Mateo County ordinance 6.04.290 (a) and comparable City ordinances, including late fees whenever applicable. 2. The following are fees as outlined in the applicable County or City Fee Ordinance are to be charged and collected by the Contractor to the party taking responsibility of the animal and then sent on a monthly basis to the County by the Contractor. (a) All redemption charges as shown in San Mateo County Ordinance 6.04.290 (b) with the following limitation: 1. Impound charges and board costs for all animals except wildlife, unless wildlife is legally under permit for possession by a private citizen, including Vincent Bill Unaltered impound fees; 2. Transportation and trailing costs for equine, swine, bovine, sheep, goats, and any other animals Contractor deems advisable to move by trailer; and 3. Animal rescue costs on private property. (b) All surrender, euthanasia and dead on arrival disposal fees, as shown in San Mateo County Ordinance 6.04.290 (c). (c) Quarantine fee — Home, as shown in San Mateo County Ordinance 6.04.290 (d). (d) Dangerous Animal Permit— permit, inspection, and signage fees, as 671 Page February 5, 2015 shown in San Mateo County Ordinance 6.04.290 (e), (0, and (g). (e) Field Return fees, as shown in San Mateo County Ordinance 6.04.290 (h). (f) Breeding and Fancier Permit fees, as shown in San Mateo County Ordinance 6.04.290 (1) and 0). (g) Return check fees, as shown in San Mateo County Ordinance 6.04.290 (k). (h) Record request fees, as shown in San Mateo County Ordinance 6.04.290 (I). (1) Administrative hearing fees, as shown in San Mateo County Ordinance 6.04.115 (1) or the applicable city ordinance. 0) Fees collected for dead animal pick-up in public areas and disposal; trap rental; dead animal pick-up on private property; and citation clearance. 3. Uncollectable Fees When the applicable fee is uncollectable, but the service has been provided in the cases where failure to provide the service would result in conflict to the Contractor's mission and purpose as a humane society for the prevention of cruelty to animals, and/or where efforts to collect fees would, in Contractor's estimation, potentially jeopardize safety of its staff, volunteers or facilities, Contractor shall make what it believes to be a. reasonable attempt to collect the fee from the responsible party. Contractor will provide responsible party with a form provided by the County and agreed to by Contractor. Form will acknowledge debt for services provided by Contractor by executing said form with responsible parties' signature. Parties shall meet when necessary to agree upon the form. If fees remain uncollectable, Contractor will send the following to the County on a monthly basis: (a) Excel spreadsheet showing the following: 1. Responsible party's name, address, and telephone 2. Service provided and fee charged by Contractor 3. Reason Contractor was unable to collect fee at the time of service (b) Itemized invoice (c) Returned check, if applicable 681 Page February 5, 2015 Exhibit E Payments and Rates In consideration of the services provided by Contractor in Exhibit C & D and subject to the terms of this Services Agreement: 1. County shall pay Contractor in twelve (12) equal monthly installments the annual amount of: Fiscal Year and Amount 2015-16 $ 5,944,135 _ 2016-17 $ 6,122,459 2017-18 $ 6,275,521 2018-19 $ 6,463,786 2019-20 $ 6,625,381 - 2. 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Su Ni Mmvuinrn w [Norge Hill kxdianua'ad uJN Me [moors undapr:oru Hitt be nwAe m: oppupnme rew:mu M rAa drdR« IAl' ✓+e :vrY %uM,n rmrk u Jnne _lunnap )J nleariny. i) :Ma aY n,Wue. o. IMlsy inwuM. 721 Page February 5, 2015 ATTACHMENT QUAMN NE ALGOMHM FOR BITING DOMESTIC MAMMALS o dhifing animal domestic livesOacK+ EuManrse and anige M mbiei[aUng EufhaMae aM arta�gefor rabk5 testhg Update � as nttmed lolbwtnS gmnMix, tletxerircd UY NII(1OI5'RfElilfalian 5 "the ming animal a agent or mgama,px? IPomRm, mepmmx,a4 n �e�ev, ean<a ma. awtna�)° Cagel of iN I all f 11fe? lmr nsk, I @ange M Mary hehavbY! vWvateL e�aryattl I. Wfv Wg�ro fm a6vf¢xng uW'aated Rev dffi p e 215114 731Paga February 5, 2015 QUAUA NEALGOR HM Fm EXPOSED DOMESTIC MAMMALS -GENERAL Exposed animal ryin.�, ma.n.dv Vimopil[N espayse)r Was lbe Ps[ee(.aseU ma MlTbtml mk Update akunk, raanon, fe, feral NO ', rayl¢ Vullazgn as catl OrWndb: ]myIX[Of n dM, dRern(�Ed ba[?' rIXernadan Js the I" anle l available for tes0gt Tat A the Ming anliml Asses vaainatlon Muertai rtsk Update siaNs: Page4for. myes vaailvton as mis ani dogs, page rm.Mty tletenrmmd S PoraertetsaM ty angna4 oHwi 3Nlmk- v6entar0n rteaeNPr>p +� Usha 741Page February 5, 2015 QUARANTINE ALGORITHM FOA EXPOSED 001yl LG MAMMALS— CATS AND DOGS perfnml detailed If apose4 an6tal k assessment oti aNsa mt w dog, gp W annml'syao:ination pages steals Mlmal recelvPA I I Mlnml was never Mlmal mfNved pdnwry primary va¢itwtfory vattI.w or Is crenation aM ane or but no Moster conslderM m 6epts. amore b pitl animal te[nivetl pmnN ' Ditl anmal a¢ke annual type enation between 38365 va¢matl.yeil Bays poor to cxvnsura?° molath type ar e va¢inatim withim nin3 V[ars vathin is hours •EuWar wrare Kataly eansa 48 M1¢rs and hvi up&w aa5tatw and ant Mae uamniie _.pcfvm Waanbe Er lG) -. guareMne fwA daysdays (6nmU¢} yeas t ..............• ......emu.......... ti............. 'N animal dispWyzslgre ofrohles— euMateize atW [¢[for shies. The animars vete" anr a shehv ,,afefi... Ia. sMuMpeffurm any a¢maunn. RerlseerapwweC 21sl19 751 Page February 5, 2015 QUARANTINE ALGOR MFOR .EXPOSED DOMESTIC MAMMA" —FERRE ,Lf MOCK, AND OTHER ANIMALS I Ranh lfe ,Ilvestarkorathert LIVESTOCK 0.ufe'erre.evevttcne (Cw, Luepmrx) MNlnl yaY7 I� No ma x:me r«w<.aop.4 YU Mtl lYea tT iT 'Eufil iR araptl hon( t .. try) : ENT Mear' WdI11rv9g MY9: dmir. atlahpma yacrieaeae 3010 war�mine See�roces for slau9laa resiktbrs " OTHER Wn d, mwmrx. wa metler, wNfdeplyNKK, OveCrazlMMs) 'If animal dmpfays sigro of mbies— eurhankeand testfar rabies. Tha animal's vem0aarkn or a sheRn veterinarun should perform any va<d[atlon. RevsetllAppmrep 1/5/14 761 Page February 5, 2015 hn Ts 1 Ferrels are Olegal In the State of C J fomla, f ffin9 ferrets most be confiscated by the animal con0ol agenry and Rotaries conducted under Ne dimaltm of Use local health officer in an animal moral shelter or veterinary Ivupital. My ferret Iealated for a human bite most be reported m the GlAamh Oepartmant of Fish aM Wild life for duposilbn fnllovA, the 6ulatbn. 2 Rables W tmssmitted through add wounds, open cuts in skin, and onto ro mus membranes. artanination of .,on wound; mucous membranes, or saatehes nage We or nerve tissue Pram an Infeaed animal mnsthutes anon -bite exposure. 3 Current tables veaMastlon per California Health & Safety Code SectWn 121690. 3a Fienipt animals are animals that have been granted an eaemptron from ables vacclnaton by the County of San Mateo s Heats System on advice of the animal's vemairarian. Despite current evemp ion status, eumpt mAmals are considered unvacdnated per Calpmnla Health Is Safety Code Sedan 121690. 4 Tire Pentrouh HUMIS, Society & SKNs Anknal Rescue and C nbol detarmines If an aNmal§ hi me qualifies for home quarantine or shelter quamndne Contra: (650) 340- 20M s VaainaY n In biting animaIs should be pertormed following qu..rU,. as We eRects sawndery to vaminstion (within 30 days) con mime, the ryunpures of ables. 6 Small moderns and lagomorphs have a low dsk of able. These are wild aninals at high dds fa Infeaiun wfth ablez, 8 gat bite are smaW and may go unoodced. Ifs pet is found alone with a bat, thin pet should be treated as refused. If the bat is available, animal cental should he conned to remove Me but bar testing. 9 Dogs and earls arc considered currently vactlrated 28 days after primary vaerina[bn, and immediately after booster vaa8»tan. 10 San Matm County gulde4nes are hazed on Tide 17 of the Caltlomia Code of Regnl#ions that states esposed,—cinamal animals should he quarantined for 30 days. 11 Wgd, roMomesb , and other animal species bitten by or agnsed the a rabid or sm at rabid animal should be euthanluN Immediately, There Is glue nkmeadon an mboe incubation, clinloal presentation, and viral sir iding in dom rsk animal spala other than dogs, cats, and barrels. 12 Fedeml guideline state Mat animals exposed W rabies wahln 8 months should be rejected for slaughter. USDA Feed and Impealun SeMou (PSIS) and state meat inspectors should be nWW of expose l animals pror ben slaughter. If an exposed animal hr to be custom or ham slaughtered, 3 should be done immediately after exposure midi appropriate barrier prem Wo r, and all tissue cooked thoroughly. Pasteurization and cooking ber9vaa Me rabies virus. Quarantine was, O ohm salon 0 Question Answer Revised/Aiaaxved W5/14 771Page .February 5, 2015 SAN MATEO COUNTY Gbu�_ to CITY MANAGERS' ASSOCIATION Agenda Friday, February 20, 2015 9:30 A.M. Foster City Community Center 650 Shell Boulevard, Foster City Randy Schwartz, Chair, Town of Hillsborough (650) 375-7404 rschwartz@hillsborou h. g net I. Call to Order II. Introductions III- Approval of the Minutes IV. Guest Agenda Items A. "Medicine Take Back" Program -county Supervisor Adrienne Tissier and Heather Forshey, Director of San Mateo County's Environmental Health Services V. New Items (10 minutes)_ A. Updated 2015 Association Calendars B. Status of Association Dues for members, Executive Assistants, ABAG, C/CAG and Sam Trans C. Brainstorm Topics for Joint Meeting with SCCMA V1. Standing Information Items A. League of California Cities — Jessica Stanfill Mullin B. ICMA Senior Advisor— Glen Rojas C. C/CAG Update - Sandy Wong D. Sam Trans/Caltrain/TA update— Mark Simon Fi�oll,a¢- M� �-^px-iJvai�. VII. Old Business VV ( s_ � ,A- La 0 ^ A. Committee Updates (Assignments) 1. Animal Control Representative(Rodericks) 2. ALS JPA Governing Board (Goldman, Holstine, Scoles) 3. Cal-ICMA Liaison (Martel, Gonzalez, Raines) 4. C/CAG Administrator's Advisory Committee (Jeff Maltbie, John Maltbie, Martel) 5. Emergency Services Advisory Committee (Gonzalez, Jacks 6. Fire Chief's/CM Liaison (Bell) on, McIntyre, Patterson) 7. Next Generation Committee (Martel, Pegueros, Schwartz) 8. Police Chief's/CM Liaison (Jackson) 9. League of CA Cities — Executive Committee (Martel, Raines) 10. HOPE — Housing Our People Effectively (Gonzalez, Rabe) IL Regional Training Consortium (Holstine, Jerome -Robinson, Ramberg, Schwartz) B. Updates on ICMA. Cal-ICMA, CCMF, WLG, Assistant City Manager's Association C. Good of the Order VIII. Discussion: "Role of Local Government in a Changing Future" & Topics for Future Meetings — Glen Rojas IX. Adjourn SAN MATEO COUNTY &N- -ra C, CITY MANAGERS' ASSOCIATION'd� Agenda Friday, February 20, 2015 9:30 A.M. Foster City Community Center 650 Shell Boulevard, Foster City Randy Schwartz, Chair, Town of Hillsborough (650) 375-7404 rschwartz@hillsborough.net Call to Order II. Introductions III. Approval of the Minutes �1 v IV. Guest Agenda Items A. "Medicine Take Back" Program - County Supervisor Adrienne Tissier and Heather Forshey, Director of San Mateo County's Environmental Health Services (10 minutes) V. New Items A. Updated 2015 Association Calendars B. Status of Association Dues for members, Executive Assistants, ABAG, C/CAG and Sam Trans C. Brainstorm Topics for Joint Meeting with SCCMA VI. Standing Information Items A. League of California Cities — Jessica Stanfill Mullin �� _. ' r"c'ec" iQ(\64 B. ICMA Senior Advisor—Glen Rojas C. C/CAG Update - Sandy Wong D. Sam Trans/Caltrain/TA update —Mark Simon �- M VII. Old Business A. Committee Updates (Assignments) I. Animal Control Representative(Rodericks) 2. ALS JPA Governing Board (Goldman, Holstine, Scoles) 3. Cal-ICMA Liaison (Martel, Gonzalez, Raines) 4. C/CAG Administrator's Advisory Committee (Jeff Maltbie, John Maltbie, Martel) 5. Emergency Services Advisory Committee (Gonzalez, Jackson, McIntyre, Patterson) 6. Fire Chiefs/CM Liaison (Bell) 7. Next Generation Committee (Martel, Pegueros, Schwartz) 8. Police Chief's/CM Liaison (Jackson) 9. League of CA Cities — Executive Committee (Martel, Raines) 10. HOPE — Housing Our People Effectively (Gonzalez, Rabe) 11. Regional Training Consortium (Holstine, Jerome -Robinson, Ramberg, Schwartz) B. Updates on ICMA. Cal-ICMA, CCMF, WLG, Assistant City Manager's Association C. Good of the Order VIII. Discussion: "Role of Local Government in a Changing Future" & Topics for Future Meetings — Glen Rojas IX. Adjourn `iaD O- ski San Mateo County Managers Association Roundtable Topic February 20, 2105 Following up on City Manager's Conference Roundtable Topic: "Role of Local Government in a Changing Future" The role of local government will continue to change along with the demographics of the work force. There are opportunities with change that local government can take advantage of but there are challenges that need to be met in order to fully benefit from these opportunities. Questions: • Demographics of the work force are changing substantially going from Baby Boomers to Generation Y and points in between. • How should the next generation be managed in order to maximize their talents? • Is your organization prepared for the changes that are taking place in the work force? • How important is succession planning in meeting the future challenges? • The make up of the elected are changing. Is it for the good? • Is it possible to change the mind set from "whats best for me to whats best for the community?" • What role if any should City Managers play in this area? • How will the future treat the role of the City Manager and executive level staff? These are big questions that cannot be solved in one session but it is important to have the discussion among managers in order to lead your organization into the future. SAN MATEO COUNTY CITY MANAGER'S ASSOCIATION Minutes Friday,January 16,2015 at 9:30 AM Foster City Community Center,650 Shell Boulevard in Foster City I. Call to Order—Chair Randy Schwartz called the meeting to order at 9:32 AM II. Introductions Association Members in Attendance: Audrey Ramberg Redwood City Magda Gonzalez Half Moon Bay Lorenzo Hines Pacifica Julie Underwood Daly City Thomas Fil Belmont Kevin Bryant Woodside Matt Bronson San Mateo Starla Jerome-Robinson Menlo Park Maria Saguisag-Sid Brisbane Ann Ritzma Foster City George Rodericks Atherton Sean Rabe Colma Nick Pegueros Portola Valley Randy Schwartz Hillsborough Mike Futrell South San Francisco Lisa Goldman Burlingame Marcia Raines Millbrae Jim Steele South San Francisco Connie Jackson San Bruno Guests In Attendance: Mark Simon SamTrans/Caltrain/TA John Maltbie San Mateo County Adrienne Tissier San Mateo County Mike Callagy San Mateo County Dave Silberman San Mateo County D.Baruto San Mateo County Glen Rojas Senior Advisor Sandy Wong C/CAG III. Approval of Minutes—as submitted IV. Guest Agenda Items A. Community Choice Aggregation Agency in San Mateo County—Dave Pine Jim Agamire from the office of the Director of Sustainability in the County Manager's office provided information on the partnering with LEAN Energy,a potential opportunity to choose where local government can get it's energy, including green options and lower rates. It was noted that a workshop will be held on June 28 and all are invited to attend with their staff and elected officials to learn more. B. Uniform Message Ordinance— Human Trafficking—Adrienne Tissier, Mike Callagy and Dave Silberman. Supervisor Tissier introduced the topic of a massage ordinance that the County of San Mateo adopted and Mike Callagy and Dave Silberman shared how effective it has been in the unincorporated areas and eventually examine having the ordinance adopted by all the cities. As explained, this would provide opportunity to have a County-wide Task Force and/or a Strike Team making it easier to shut down these illegal massage parlors which are areas of crimes especially focusing on human trafficking and owners would not be allowed to reestablish another massage business. Mr. Silberman noted San Mateo County would be the first county to take a strong stance against human trafficking and provided a brief history of the massage parlors that have already been closed and its process. Lastly, the County will send a copy of the ordinance to the City Managers and will gladly address their City Council to share information the information. V. New Items A. 2015 Association Calendars—Chair Schwartz reviewed the calendar and will add dates as requested. It was noted to add C/CAG and SamTrans/Caltrain/TA to all agendas as this time as it is difficult when meetings are only quarterly. B. Potential Changes for Association Meetings—will reinstitute the last 30 minutes of the meeting for a round table discussion that Glen Rojas will facilitate and will add the first ten to fifteen minutes of each meeting for the various specialty associations, i.e., Police Chiefs, Planning Managers, etc. C. Status of Association Dues for Members, Executive Assistants, ABAG, C/CAG and SamTrans—dues may not be necessary again this year. D. 2015 Committee Assignments—the Committee assignments were updated (please refer to the attached). Chair Schwartz requested that the committees provide a short description for each committee. E. Brainstorm Topics for Round Table Discussions—Please provide any ideas to Chair Schwartz for a joint meeting with Santa Clara County. F. League of Califonria Cities, City Managers' Department Meeting—January 28 to 30— Reminder for the League meeting. VI. Standing Information Items A. League of California Cities—Jellica Stanfill Mullin—No Report. 2 B. ICMA Senior Advisor—Glen Rojas - Glen Rojas encouraged everyone to attend Friday's session at the League conference regarding retirement even if not considering in the near future, this session will help prepare for teaching and other opportunities. C. C/CAG Update—Sandy Wong—No report. D. Sam Trans/Caltrain Update—Mark Simon —Mr. Simon stated the Caltrain Board approved the EIR and have purchased additional rail cars to deal with increased ridership. Also, interviews for Mike's replacement are being held with an announcement by March and his farewell will take place at the County Courthouse with invitations to follow. E. ABAG Update— No Report. VII. Old Business A. Committee Updates (Assignments)—Chair Schwartz distributed a flyer entitled "Take Charge of your Talent", a three-day half day workshop 1. Animal Control Representative (Rodericks) 2. ALS JPA Governing Board (Goldman, Holstine, Scoles) 3. Cal-ICMA Liaison (Martel) 4. C/CAG Administrator's Advisory Committee (Maltbie, Martel) 5. Emergency Services Advisory Committee (Gonzalez, Hardy,Jackson, McIntyre) 6. Fire Chief's/CM Liaison (Bell) 7. League Grassroot Liaison (Raines) 8. Next Generation Committee (Holstine, Martel, Schwartz) 9. Police Chief's/CM Liaison (Jackson) 10. League of CA Cities— Executive Committee (Martel) 11. HOPE— Housing Our People Effectively (two vacancies) 12. Regional Training Consortium (Holstine, Schwartz) B. Updates on IMCA, Cal-ICMA, CCMF, WLG, Assistant Manager's Association C. Roundtable Discussion /Good of the Order • Supervisor Pine is interested in looking at a county-wide flood control district and some cities may be having discussions through a JPA or by using the County's current flood control. 3 • City of San Mateo will be appointing a new Councilmember soon. The Fire Chief (joint position) and the HR Director recently announced their retirement. • Mike Futrell would like to meet with cities near San Francisco Airport to deal with crimes associated with the airport and also discuss shared services. VIII. Adjourn —Chair Schwartz adjourned the meeting at 11:15 AM 4 2015 SMCCMA Committee Assignments Animal Control Representative (Upon Request) George Rodericks ALS JPA Governing Board ( ) Lisa Goldman Clay Holstine Greg Scoles The Management Committee manages the activities of the Pre -Hospital Emergency Services Group (JPA) for Advanced Life Support (ALS) Services. The committee consists of 6 voting (3 City Managers) and 1 non-voting members selected by the Governing Board. Cal-ICMA Liaison Pat Martel Marcia Raines Magda Gonzalez C/CAG Administrtor's Advisory Committee (Monthly -RC) Jeff Maltbie Pat Martel John Maltbie Emergency Services Advisory Committee (Quarterly) Magda Gonzalez Jim Hardy (until 6/15) Connie Jackson Larry Patterson The Advisory Committee reviews and makes recommendations to the Emergency Services Council on budgets, projects, workplans and other policy issued that come before the Council. The committee consists of the County Manager and 4 City Managers appointed by the Council. Fire Chief's/CM Liaison (Upon Request) Bob Bell Next Generation Committee (Quarterly) Pat Martel Randy Schwartz Nick Pegueros The Next Generation Committee focuses on attracting and retaining young people to a career in the public sector, and accelerating the development of mid -career professionals. Committee work includes helping to conduct and advertise a variety of talent development programs and coaching opportunities. Police Chief's/CM Liaison ( ) Connie Jackson League of CA Cities (Varies) Pat Martel Marcia Raines HOPE (Housing Our People Effectively) ( ) Magda Gonzalez Sean Rabe This group brings business, non -profits and public sector groups together to address homeless issues. Regional Training Consortium (Upon Request) Clay Holstine Randy Schwartz Starla Jerome -Robinson Audrey Ramberg The Regional Training and Development Committee works with Human Resource Directors within San Mateo County budget, policy and course issues related to staff development programs. a STAFF REPORT AGENDANO: 8i. MEETING DATE: April 6, 2015 To: Honorable Mayor and City Council Date: April 6, 2015 From: Leslie Loomis, Human Resources Director— (650) 558-7209 Subject: Report Confirming Salary Schedule for Appointed City Clerk RECOMMENDATION Staff recommends that the City Council accept the recommendation to approve the permanent conversion of the elective pay into the City Clerk salary range. BACKGROUND In November 2009, the Burlingame electorate passed a ballot measure changing the position of City Clerk from an elected position to an appointed position. This change went into effect in December 2013. At that time, the City Clerk was compensated at the same rate as the City Council members for the elected portion of the position ($590.00 per month), and was paid an additional salary range of $7,078 to $8601 per month for the appointed portion of the position. On December 16, 2013 the City Council approved a resolution to increase the City Clerk salary range $590.00 per month to offset the elimination of the elected portion of the pay. At that time, the salary range for the City Clerk increased by $590.00 per month to $7,668-$9191 per month. (A subsequent 3% cost of living adjustment granted to the Department Heads in January 2015 increased the range to $7896-$9507 per month.) DISCUSSION When the salary range for the appointed City Clerk position was increased by $590.00 per month, the staff report noted that staff would reevaluate the salary range when the incumbent chose to retire. Since the incumbent City Clerk is retiring effective July 2015, staff conducted a salary survey to determine the appropriate salary range for the next City Clerk. The salary survey, which used the same labor market cities used for the City Manager's last performance evaluation, showed that the current salary range of $7896-$9507, which includes the additional $590.00, is appropriate. FISCAL IMPACT There is no fiscal impact because the salary range is currently budgeted at the $7896-9507 range. STAFF REPORT AGENDA NO: 9a a MEETING DATE: April 6, 2015 To: . Honorable Mayor and City Council Date: April 6, 2015 From: William Meeker, Community Development Director—(650) 558-7255 Subject: City Council Review of the Planning Commission's Denial of an Application for a Conditional Use Permit for Fenced Vehicle Storage on Property located at the Northeast Corner of Broadway and California Drive (1260 California Drive) The City Council should conduct a public hearing, consider all oral and written testimony received during the hearing and, following closure of the hearing and deliberations, take one of the following actions: • Uphold the Planning Commission's denial of the application for a conditional use permit, or • Overturn the Planning Commission's action and approve the application for a conditional use permit. BACKGROUND Project Description: The applicant, E. James Hannay of Rector Motor Car Company (Rector), is requesting a Conditional Use Permit for car storage for approximately 80 vehicles in the parking lot on the northeast corner of Broadway and California Drive (1260 California Drive). The cars to be stored at this location would include new inventory as well as cars awaiting repairs from the main dealership located at 1010 Cadillac Way. The area proposed for car storage would be approximately 63 feet wide by 483 feet long and sits adjacent to the railroad tracks. The area is owned by two entities, the City and County of San Francisco Water Department and the San Mateo County Transportation Authority (SamTrans). The property has an "unclassified" zoning designation and in accordance with C.S. 25.12.041, Conditional Use Permit approval from the Planning Commission is required for the proposed use. The applicant has secured a lease with both entities to allow car storage. The area proposed for car storage would be enclosed with a new perimeter fence along Broadway and California Drive. The proposed fence would be a 3 -rail black, iron fence 6 feet in height. A 20 -foot wide access gate is proposed at the north end of the parking lot. Cars would enter the main lot along California 1 1260 California Drive April 6, 2015 Drive, at the driveway that is across from Juanita Avenue, and then would enter the dedicated storage area at the north end of the lot. There are five (5) existing light poles located on the east side of the parking area, adjacent to the tracks, but no additional lighting or other improvements are proposed. There will be no customers on-site; all cars would be shuttled to the main Rector location at 1010 Cadillac Way. The applicant anticipates that there would be 10 to 15 cars moved to and from this location per day. Employees would drive one car from the main location to the proposed storage site, and return with another car. On occasion an employee may walk over from the main location to the storage site to shuttle a car back. There would be no deliveries of new cars at this location. New cars would continue to be delivered to the dealership at 1010 Cadillac Way and then would be driven to the storage site. Planning Commission Action: The application was originally considered by the Planning Commission at its February 9, 2015 meeting. At that time the matter was continued to the February 23, 2015 meeting with direction to the applicant to provide scaled drawings and more details on the placement of the proposed fence, specifically as it relates to pedestrian access on the east side of California Drive. The project returned to the Planning Commission for review on February 23, 2015. Following closure of the public hearing a motion was made to approve the Conditional Use Permit with modified conditions. The Chair called for a voice vote on the motion, which was 4-2 in favor of the motion. However immediately after the voice vote the Chair called for a roll call vote which resulted in a tie of 3-3. The City Attorney indicated that she would review the matter and determine which of the two conflicting votes would represent the Commission's action. She issued a legal opinion noting that the second, roll call vote controls and the application was therefore deemed denied with a tie vote. Concerns expressed by the Commissioner's with the dissenting votes include that they wanted to see the property shared with the Broadway merchants and were also concerned about the traffic that would be generated by the proposed use. Request Called Up for Review by the City Council: Subsequent to the Planning Commission's action, Council Member Brownrigg called the item up for review by the City Council pursuant to Section 25.16.070 of the Burlingame Municipal Code. Environmental Review Status: The project is Categorically Exempt from environmental review pursuant to the California Environmental Quality Act (CEQA), Section 15311(b), Class 11 - Accessory Structures- consists of construction, or replacement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities, including but not limited to: (b) small parking lots. FISCAL IMPACT None. 2 1260 California Drive Exhibits: April 6, 2015 • Resolution • Background Materials (includes Planning Commission Staff Reports, Application, Plans, etc.) RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME, [UPHOLDING / OVERTURNING] THE PLANNING COMMISSION'S FEBRUARY 23, 2015 DENIAL OF A CONDITINAL USE PERMIT FOR VEHICLE STORAGE ON PROPERTY LOCATED AT 1260 CALIFORNIA DRIVE, SITUATED WITHIN AN UNCLASSIFIED ZONE RESOLVED, BY THE CITY COUNCIL OF THE CITY OF BURLINGAME THAT: WHEREAS, on January 15, 2015, E. James Hannay (dba Rector Motors) filed an application for a conditional use permit for motor vehicle storage on property located at 1260 California Drive (northeast corner of Broadway and California Drive); and WHEREAS, the Planning Commission considered the request at public hearings held on February 9, 2015 and February 23, 2015; and WHEREAS, following conclusion of the public hearing on February 23, 2015, by a tied vote of 3-3, the Planning Commission denied the application for a conditional use permit for vehicle storage at 1260 California Drive; and WHEREAS, subsequent to the Planning Commission's action, a City Council Member called the item up for review by the City Council pursuant to Section 25.16.070 of the Burlingame Municipal Code.: and WHEREAS, the City Council conducted a public hearing -to review and consider the application at its regular meeting of April 6, 2015. NOW, THEREFORE, IT IS RESOLVED AND DETERMINED BY THE CITY COUNCIL THAT: Section 1. The City Council hereby [upholds / overturns] the Planning Commission's denial of the application and hereby approves the application for a conditional use permit for vehicle storage based upon the following findings: a) The use of the subject property for vehicle storage within a fenced area with controlled access to vehicles only by employees of Rector Motors, with movement of vehicles to and from the site at limited times, [will / will not] be detrimental or injurious to property or improvements in the vicinity and [will / will not] be detrimental to the public health, safety, general welfare or convenience. b) [The use of the property for vehicle storage is similar in nature to its past use as a public parking lot and is consistent with the policies of the Burlingame General Plan and the implementing regulations contained within the Zoning Ordinance.] C) [Conditions are imposed upon the motor vehicle storage use to assure that the use will not be in conflict with other uses in the area. The use does not include the erection of improvements RESOLUTION NO. upon the property, with the exception of a decorative security fence that will prohibit entry by unauthorized personnel and is designed to enhance the appearance of the site while used for vehicle storage and not create aesthetic impacts upon nearby uses and the character of the neighborhood.] d) The use of the subject site for motor vehicle storage is Categorically Exempt from environmental review pursuant to the California Environmental Quality Act (CEQA), Section 15311(b), Class 11- Accessory Structures - consists of construction, or replacement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities, including but not limited to: (b) small parking lots. e) [Any additional findings in support of upholding or overturning the Planning Commission's action as determined by Council following the public hearing.] Section 2 I'To be included in the Resolution only if the Council decides to overturn the action of the Planning Commissionl. The City Council hereby approves the application for a conditional use permit for vehicle storage associated with Rector Motors for property located at 1260 California Drive, subject to the following conditions: 1. that the project shall be built as shown on the plans submitted to the Planning Division date stamped January 15, 2015 and February 17, 2015, site plan, modified aerial and elevation; 2. that the proposed fence shall be a 3 -rail, black iron fence not to exceed a height of 6 feet, as detailed in the application materials dated January 15, 2015; 3. that the proposed fence shall include a pedestrian gate located near the intersection of Broadway and California; 4. that no cars shall be moved to and from this site between 7:00 a.m.- 9:00 a.m. and 4:00 p.m. - 7:00 p.m.. Monday through Friday; 5. that the applicant shall complete a street address application to be assigned a physical address; 6. that the site shall be used for car storage only, no car sales, car repair, washing/detailing or other auto related activity shall be permitted on this site; 7. that no additional lighting or loudspeakers shall be installed or used at this site; 8. that should the lease agreement with the City and County of San Francisco Water Department and/or San Mateo County Transportation Authority (SamTrans) expire, this use permit shall become void; and 9. that this approval shall be limited to a 5 -year term from the date of City Council approval; the applicant may apply to renew the use permit on or before April 6, 2020 at which time this use permit shall expire. RESOLUTION NO. 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'h day of April, 2015 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: City Clerk City of Burlingame Item No. 8g Conditional Use Permit Regular Action Address: 1260 California Drive Meeting Date: February 9, 2015 Request: Conditional Use Permit for vehicle storage and a new fence. Applicant: E. James Hannay, Rector Motor Car Company APN: 093-361-010/093-360-999 Property Owner: City and County of San Francisco- Water Dept./San Mateo County Transportation Authority Lot Area: approx. 5.7 acres (30,429 SF proposed for use) General Plan: Service and Special Sales/Office Use Zoning: Unclassified Environmental Review Status: The project is Categorically Exempt from environmental review pursuant to the California Environmental Quality Act (CEQA), Section 15311(b), Class 11- Accessory Structures- consists of construction, or replacement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities, including but not limited to: (b) small parking lots. Background: The Planning Commission approved this site for car storage for Rector Motor Car Company (Rector) on February 24, 1997. That approval was appealed to the City Council and was upheld at the March 19, 1997 meeting, and the site was utilized for car storage for approximately five years. Most recently the site has been used as long term parking for the Broadway Commercial Area and is known as Parking Lot T. At a City Council study session on July 7, 2014 the Council discussed the disposition of Parking Lot T. The applicant was present at that meeting and the proposal for car storage for Rector was discussed. Council noted that a car storage use at this location would be acceptable for a limited duration (five years), but councilmembers expressed concern with the possibility of chain link fencing around the perimeter and expressed a preference for more attractive fencing given the visible gateway location. Project Description: The applicant, E. James Hannay of Rector Motor Car Company (Rector), is requesting a Conditional Use Permit for car storage for approximately 80 vehicles in the parking lot on the northeast corner of Broadway and California Drive (1260 California Drive). The cars to be stored at this location would include new inventory as well as cars awaiting repairs from the main dealership located at 1010 Cadillac Way. The area proposed for car storage would be approximately 63 feet wide by 483 feet long and sits adjacent to the railroad tracks. The area is owned by two entities, the City and County of San Francisco Water Department and the San Mateo County Transportation Authority (SamTrans). The property has an "unclassified" zoning designation and in accordance with C.S. 25.12.041, Conditional Use Permit approval from the Planning Commission is required for the proposed use. The applicant has secured a lease with both entities to allow car storage. The area proposed for car storage would be enclosed with a new perimeter fence along Broadway and California Drive. The proposed fence would be a 3 -rail black, iron fence 6 feet in height. A 20 -foot wide access gate is proposed at the north end of the parking lot. Cars would enter the main lot along California Drive, at the driveway that is across from Juanita Avenue, and then would enter the dedicated storage area at the north end of the lot. There are five (5) existing light poles located on the east side of the parking area, adjacent to the tracks, but no additional lighting or other improvements are proposed. There will be no customers on-site; all cars would be shuttled to the main Rector location at 1010 Cadillac Way. The applicant anticipates that there would be 10 to 15 cars moved to and from this location per day. Employees would walk from the main location to the proposed storage site. There would be no deliveries of new cars at this location. New cars would continue to be delivered to the dealership at 1010 Cadillac Way and then would be driven to the storage site. The applicant is requesting the following application: • Conditional Use Permit for vehicle storage and a new fence on property zoned "unclassified" (C.S. 25.12.041). Conditional Use Permit 1260 California Drive Staff Comments: The Public Works Department, Engineering Division, notes in their January 30, 2015 memo that vehicle shuttles to and from the proposed location would be prohibited during peak commute hours (7:00 a.m.- 9:00 a.m. and 4:00 p.m. - 7:00 p.m.). See attached memos from the Chief Building Official, Fire Division, Engineering Division, and Stormwater Division. Planning staff would note that because of the nature of the request to utilize an existing parking lot for car storage, and because the proposed use was recently discussed by the applicant and City Council at the July 7, 2014 Study Session, it was determined that this request could be brought forward directly as an Action Item. If the Commission feels there is a need for more study, this item may be continued for further study. Findings for a Conditional Use Permit: In order to grant a Conditional Use Permit, the Planning Commission must find that the following conditions exist on the property (Code Section 25.52.020, a -c): (a) 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, safety, general welfare or convenience; (b) The proposed use will be located and conducted in a manner in accord with the Burlingame general plan and the purposes of this title; (c) The planning commission may impose such reasonable conditions or restrictions as it deems necessary to secure the purposes of this title 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. Planning Commission Action: The Planning Commission should conduct a public hearing on the application, and consider public testimony and the analysis contained within the staff report. Action should include specific findings supporting the Planning Commission's decision, and should be affirmed by resolution of the Planning Commission. The reasons for any action should be stated clearly for the record. At the public hearing the following conditions should be considered: 1. that the project shall be built as shown on the plans submitted to the Planning Division date stamped January 15, 2015, site plan, modified aerial and elevations; 2. that the proposed fence shall be a 3 -rail, black iron fence not to exceed a height of 6 feet, as detailed in the application materials dated January 15, 2015; 3. that the conditions of the Public Works Department -Engineering Division's January 30, 2015 memo shall be met; 4. that no cars shall be moved to and from this site between 7:00 a.m.- 9:00 a.m. and 4:00 p.m - 7:00 p.m. Monday through Friday; 5. that the site shall be used for car storage only, no car sales, car repair, washing/detailing or other auto related activity shall be permitted on this site; 6. that no additional lighting or loudspeakers shall be installed or used at this site; 7. that should the lease agreement with the City and County of San Francisco Water Department and/or San Mateo County Transportation Authority (SamTrans) expire, this use permit shall become void; and -2- Conditional Use Permit 1260 California Drive 8. that this approval shall be limited to a 5 -year term; the applicant may apply to renew the use permit on or before February 9, 2020 at which time this use permit shall expire. Catherine Barber Senior Planner cc: E. James Hannay, applicant Attachments Application to the Planning Commission- CUP application/Commercial Application Plans- Site plan/Modified Aerial/Fence Elevation Staff Comments Planning Commission Resolution (Proposed) Notice of Public Hearing — Mailed January 30, 2015 Aerial Photo -3- a� COMMUNITY DEVELOPMENT DEPARTMENT • 501 PRIMROSE ROAD • BURLINGAME, CA 94010 u, uncrwe' p: 650.558.7250 • f: 650.696.3790 • www.burlingame.org APPLICATION TO THE PLANNING COMMISSION Type of application: ���- Ap'6Rpx oPPas/ p«1f ❑ Design Review ❑ Variance ❑ Parcel #/9-V.11 L,!9 ¢ 1fE ❑ Conditional Use Permit ❑ Special Permit ❑ Other: /tic e9,-- le. k. xy tv 5� z7w,,cy N � PROJECT ADDRESS:.a3 1>a�V%LAA4'h IxT_z-7Ja7,.jyqfd�.t✓7c�c sir GX S�Y� J. - APPLICANT projectcontactpewan❑ PROPERTY OWNER project contact person [3 OK to send electronic copies of documents ❑ OK to send electronic copies of documents ❑ Name: Name: J;6,�� 477Aefi_�6 Address: lel 0 C. zwzAe� y` Address: City/State/Zip: L C'[✓vc���C �c/c� City/State/Zip: Phone: 456 2,ye- 6 /// Phone: Fax:j - a 77l• /��E at Fax: . b4 f �D� fo«{J Y�'GIZr'Y/YtO�'i�.C�h�E-mail: MbIUMGK project contact person OK to send electronic copies of documents ❑ Name: T Address: City/State/Zip: Phone: Fax E-mail: * Burlingame Business License /Vt PROJECT DESCRIPTION: Cir t 1D1410ALI V lvt'= a Do-- 6 oo CA,(s AFFADAVITISIGNATURE: Ib, best of my knowledge and f. I am aware of the I Commission. Property owner's 1512- d JAN 15 2014 CITY OF BURUNGAME CDD -PLANNING ON, certify r penalty of pedury that the information given herein is true and correct to the rz- Date: - - ;. _._..... In and here b author/ a the above applicant to submit this application to the Planning Date submitted: * Verification that the project- fchitectldesigner has a valid Burlingame business license will be required by the Finance Department at the time application fees are paid. S.I HANDOUTSI PC ApPlimtian. doc City of Budingame: Community Development Depadment+511Y;P"rosg Rdad-+P (660) 656-72501 F (650) 696-3490 Y auauw�an�E , CITY OF BURL CONDITIONAL USE PER The Planning Commission is required by law to. make findings as defiled by -the City's brdrrianee (Code Section �^5:62.g20}. Your answers to the following quesfonsJcaniassist the Planning Commfssiah to making the decision as -to whether the findings' (aqn be rnade for your request: Please type'or write neatly'in: ink. refer to thebank of this farm for assistanne:witfi these.questl.am. 1. The nearest residences oreapproxtrnzjy'10U' away alamg Cairforn'ia Drhte The onry'seructure proposed is a 6'iroti fence whrch wilt be;partialty bincked from View bythe'fi'tst Ow of cars patked in the existihg j packfngarea a1aAg.tallfbrnra Drive Cars willbe'stored awaltthg'sal; Movement bf ears end employees to and -from the storage area wUl:'be minimal. This projeetwil) not create detrimental effects to_prape ty, public health, s#4tjj general Welfafe ot-eontrenience. It will irgprpve:'heerea xhaX is,riq.Gv dtffrcdltcto control:a[rdaftehhas llegallYpeakadcarSarldtrucks. 2 F bl# will the proposed use' be loq#tod: ariif conduofetl fir ?ceordartce wrfh fhe,; ,Surhn agne:�enerall�.lanenafZonln natfce? I.',. 9. gQ The. zoning fgrttats area is unclassified: The propose¢ yse Is'ron$istehnn jj t tire. xpriing. Ttiere are other car storage areas [n the city within the railroad rightpf way.. The area eastthe raiiroadYight ofwaY is zoned IndUstr3dl: rile. 1 �. Naw will'rhe proposed projeet'6e t ompatlb/e uriEfx file aeslletics mass,.bulfcand characteroff6e e�ristfngandpoten. fial uses an atfjofnfttg propeYtlesfn the°gettcral j uicinify7 The area Will have cont rglled panting with• @n eaflteticaily pleasing, 6' iron, ferfee aroundi the area, The areas soiitit and westpf the pra}eet are already usedfgr,paC�ng cars The project will be alioUt ip{l, et fromtheEesideticesz'fongCatlfor.n,{givea$d.theirvieey,Oftheprojectwilfbe, p rtrallyblockedb'ytr on alrfiorrfaDri4Gepridbyparkedoafslu#t1(eskofcalif r;6j4,Drive. ReVQaa2ti07 „ , _ � 'i J:at"rdgutslCpndLfiogaf:Use. porton App;dar.' Community Development Dept. - 501 Primrose Road - Burlingame, CA 94010 - P:650.558.7250 - F:650.696.3790 - www.burlinaame ora aunurycnre COMMERCIAL APPLICATION PLANNING COMMISSION APPLICATION §iZPPLEMENTAL FORM 1. Proposed use of the siteClqe S71P4&4 -- 5'U t/C7f/(LAS ;,ni✓Ovrz _4 5z uyC Ccr,T�r,� n 2. Days and hours of 3. Number of trucks/service vehicles to be parked at site (by type) / /ONS ;auei�t� 4. Current and projected maximum number of employees (including owner) at this location: 15HPLpt/,:5s ©NLS/ 4-T 6i TE' 7-0 YE-/Nic Hours of Before After Before After Before After Operation 5:00 pm 5:00 pm 5:00 pm 5:00 pm 5:00 pm 5:00 pm Weekdays Full-time Full-time 5. Current and projected maximum number of visitors/customers who may come to the site: Hours of Before Operation 5:00 pn After Before After Before 5:00 pm 5:00 pm 5:00 pm 5:00 pma &AMVED JANga214 t 1" OF BLIRLIN 1AME 6. What is the maximum number of people expected on site at any one time (include owner, employees and visitors/customers): -. &H"ez t,yEES - .tiU 7. Where do/will the owner and employees park? _ /Z'u0"c.. / 9A4t-1---16 t� 8. Where do/will the customers/visitors park? A? - H,5� AE, zCC� 9. Present or most recent use of site -�"u8411 10. List other tenants on property, their number of employees, hours of operation (attach a list if more room is Commercial Appllcation.doc RECTOR MOTORS PLAN VIEW FOR NEW CALL FENCE 8' HIGH. _ 10T T NEOFF BROADWAY AND CALIFORNIA, BURL. CA JA1d 15 2014 CITY OF BURLINGAME CDU -PLANNING OR REVISED DRAWING_ 1-13-15 DOUBLE GATE TO BE RELOCATED TO THE NORTH END OF LOT. MrE};SE6TIOM OF B.ROADAKY AND CAL.TFaRNIA 'BURL. [ dA —_. ' r_ALIFORMIA AYE FERCE IM916E:RF I ._ _ CAR STOPS ( .Ise'--- 240, ---�* ' av,;oeA'S'sd W S3' i _. 3205 I�aaumbb,rg Av, Fs3smv� Ek:, La.gisis Of�.ee Si0-783-25$Q_ E'aa b10-733-2989 I RECTOR `. T0142 'Xwl 6ki R3:3L C-;3Ts. nor as: en 36/1nita � t RIF �a Juanre ru Ave r � � T2 f 3� �� F �L 4, @.• rt T - 3- ISA tL. Yua,u Fea. e- �' C+ATG. 'tea VVt :4 Tc_ H 16 V*,t& 4*10itl Chct a+ 1010 Cali l lac. G614406) Am i. 5 M4 INGAMF ; )D--� ANNING DIV, Date Project Comments January 15, 2015 To: x Engineering Division (650) 558-7230 0 Building Division (650) 558-7260 0 Parks Division (650) 558-7334 From: Planning Staff 0 Fire Division (650) 558-7600 0 Stormwater Division (650) 342-3727 0 City Attorney (650) 558-7204 Subject: Request for Conditional Use Permit for vehicle storage and a new fence for Rector Cadillac at the corner of California Drive and Broadway - 1260 California Drive, zoned Unclassified APN: PUC/Joint Powers Board properties adjacent to rail road tracks Staff Review: January 26, 2015 1. The pedestrian gate access shall be close to Broadway and California intersection to prevent the use of the narrow section between to the roadway and fence from being used as a walking path. 2. Use of the parking lot to shuttle vehicles are not allowed between the hours of 7-9am (morning commute) and 4-7pm (evening commute) hours. 3. The owner of the property must complete a street address application and pay the fee as this property has not been assigned a physical address. The application can be located at: https://www burlingame org/Modules/ShowDocument aspx?documentid 6044 Reviewed by: M. Quan Date: 1/30/15 Project Comments Date: January 15, 2015 To: 0 Engineering Division 0 Fire Division (650) 558-7230 (650) 558-7600 X Building Division 0 Stormwater Division (650) 558-7260 (650) 342-3727 0 Parks Division 0 City Attorney (650) 558-7334 (650) 558-7204 From: Planning Staff Subject: Request for Conditional Use Permit for vehicle storage and a new fence for Rector Cadillac at the corner of California Drive and Broadway - 1260 California Drive, zoned Unclassified APN: PUC/Joint Powers Board properties adjacent to rail road tracks Staff Review: January 26, 2015 No comments. Date: Project Comments January 15, 2015 To: 0 Engineering Division 0 Fire Division (650) 558-7230 (650) 558-7600 0 Building Division X Stormwater Division (650) 558-7260 (650) 342-3727 0 Parks Division 0 City Attorney (650) 558-7334 (650) 558-7204 From: Planning Staff Subject: Request for Conditional Use Permit for vehicle storage and a new fence for Rector Cadillac at the corner of California Drive and Broadway - 1260 California Drive, zoned Unclassified APN: PUC/Joint Powers Board properties adjacent to rail road tracks Staff Review: January 26, 2015 Any construction project in the City, regardless of size, shall comply with the city's stormwater NPDES permit to prevent construction activity stormwater pollution. Project proponents shall ensure that all contractors implement appropriate and effective Best Management Practices (BMPs) during all phases of construction, including demolition. When submitting plans for a building permit, please include a list of construction BMPs as project notes, preferably, on a separate full size (2'x 3' or larger), plan sheet. A downloadable electronic file is available at: hftp://www.flowstobay.org/Construction For assistance please contact Kiley Kinnon at (650) 342-3727 Reviewed by: KJK Date: 01/29/15 RESOLUTION APPROVING CATEGORICAL EXEMPTION AND CONDITIONAL USE PERMIT RESOLVED, by the Planning Commission of the City of Burlingame that: WHEREAS, a Categorical Exemption has been prepared and application has been mariP fnr n WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on February 9 2015, at which time it reviewed and considered the staff report and all other written materials and testimony presented at said hearing; NOW, THEREFORE, it is RESOLVED and DETERMINED by this Planning Commission that: 1. It is hereby found that the project set forth above is Categorically Exempt from environmental review pursuant to the California Environmental Quality Act (CEQA), Section 15311(b), Class 11- Accessory Structures- including the construction, or replacement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities, including but not limited to: (b) small parking lots. 2. Said Conditional Use Permit is approved subject to the conditions set forth in Exhibit "A" attached hereto. Findings for such Conditional Use Permit are set forth in the staff report, minutes, and recording of said meeting. 3. It is further directed that a certified copy of this resolution be recorded in the official records of the County of San Mateo. Chairman 1, , Secretary of the Planning Commission of the City of Burlingame, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting of the Planning Commission held on the gth day of February, 2015 by the following vote: Secretary EXHIBIT "A" Conditions of Approval for Categorical Exemption and Conditional Use Permit 1260 California Drive Effective February 19, 2015 i 1. that the project shall be built as shown on the plans submitted to the Planning Division date stamped January 15, 2015, site plan, modified aerial and elevations; 2. that the proposed fence shall be a 3 -rail, black iron fence not to exceed a height of 6 feet, as detailed in the application materials dated January 15, 2015; 3. that the conditions of the Public Works Department -Engineering Division's January 30, 2015 memo shall be met; 4. that no cars shall be moved to and from this site between 7:00 a.m. - 9:00 a.m. and 4:00 11 p.m. - 7:00 p.m. Monday through Friday; 5. that the site shall be used for car storage only, no car sales, car repair, washing/detailing or other auto related activity shall be permitted on this site; 6. that no additional lighting or loudspeakers shall be installed or used at this site; 7. that should the lease agreement with the City and County of San Francisco Water Department and/or San Mateo County Transportation Authority (SamTrans) expire, this use permit shall become void; and 8. that this approval shall be limited to a 5 -year term; the applicant may apply to renew the use permit on or before February 9, 2020 at which time this use permit shall expire. Site: 1260 CALIFORNIA DRIVE The City of Burlingame Planning Commission announces the following public hearing on MONDAY, FEBRUARY 9, 2015 at 7:00 P.M. in the City Holl Council Chambers, 501 Primrose Road, Burlingame, CA: Application for a Conditional Use Permit for vehicle storage and new fence for Rector Motors at the corner of California Drive and Broadway at 1260 CALIFORNIA DRIVE zoned Unclassified. Mailed: January 36, 2015 (Please refer to othersfde) City of Burlingame PUBLIC HEARING NOTICE A copy of the application and plans for this project may be reviewed prior to the meeting at the Community Development Department at 501 Primrose Road, Burlingame, California. If you challenge the subject application.(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing, described in the notice or in written correspondence delivered to the city at or prior to the public hearing. Property owners who receive this notice are responsible for informing their tenants about this notice. For additional information, please call (650) 558-7250. Thank you. William Meeker Community Development Director (Please refer to other side) PUBLIC HEARING NOTICE CITY OF BURLINGAME COMMUNITY EIURUNGgME DEVELOPMENT DEPARTMENT 501 PRIMROSE ROAD BURLINGAME, CA 94010 PH: (650) 558-7250 •FAX: (650) 6963790 www.burlingame.org Site: 1260 CALIFORNIA DRIVE The City of Burlingame Planning Commission announces the following public hearing on MONDAY, FEBRUARY 9, 2015 at 7:00 P.M. in the City Holl Council Chambers, 501 Primrose Road, Burlingame, CA: Application for a Conditional Use Permit for vehicle storage and new fence for Rector Motors at the corner of California Drive and Broadway at 1260 CALIFORNIA DRIVE zoned Unclassified. Mailed: January 36, 2015 (Please refer to othersfde) City of Burlingame PUBLIC HEARING NOTICE A copy of the application and plans for this project may be reviewed prior to the meeting at the Community Development Department at 501 Primrose Road, Burlingame, California. If you challenge the subject application.(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing, described in the notice or in written correspondence delivered to the city at or prior to the public hearing. Property owners who receive this notice are responsible for informing their tenants about this notice. For additional information, please call (650) 558-7250. Thank you. William Meeker Community Development Director (Please refer to other side) PUBLIC HEARING NOTICE 02.09.15 PC Meeting Item #9g 1260 EI Camino Real Page 1 of 2 On Feb 8, 2015, at 8:20 AM, "COUNCIL -Nagel, Terry" <tnagcI, burlingame urg> wrote: Dea r Jo hn-- l:`MLRJb'%(.AT(t` N'Rig;(.ff/I/p<.[.) i; TEF' 1'F.'E'}'.31?:11',tCtN RECEIVED FV8 05 2715 CITY OF BURLINGAME CDD - PLANNING DIV. I am taking the liberty of replying to your email to our Planning Commission because the concerns you express relate to the larger discussion that our City Council had last Monday when we reviewed the extensive input we received from the recent community meeting about the Broadway commercial district. Lot T, located next to the train tracks an the north side of Broadway, does not belong to the city. The San Francisco Public Utilities Commission and Caltrain have jurisdiction over that land, and the lease agreement with Rector isamong those parties. Despite our best efforts to encourage long-term parkers and store employees to use this lot, it Is seldom used, probably because of the difficulty in crossing at the busy California/Broadway intersection and, more recently, the added confusion caused by the Broadway overpass construction. At our City Council discussion last Monday, we Identified several projects that the city is putting into motion to improve traffic and parking In the Broadway area, including crosswalk safety, signage, lighting and economic development incentives. We will address larger systemic problems as we review the area as part of our General Plan update. While some merchants may feel it may make sense to change the time designations for parking lots in the area, changes of that magnitude require greater study of patterns in the area and involve a public input process thattakes into consideration all those who live in, work in and visit the Broadway district, as well as the revenue from the lots that we depend on In order to maintain the area. In the meantime, our city is open to incremental changes that may be suggested. These should be directed to our Traffic, Safety and Parking Commission. Improvements are already in progress as a result of our discussion last Monday, Our public works director will be reporting back to the council within a few weeks on progress toward street safety upgrades. Our police chief, Eric Wallman, has Instructed our traffic division to focus on Broadway enforcement issues. The Burlingame Police Department will be increasing patrols of the area, issuing citations and warnings, and will be conducting driver and pedestrian education. We all appreciate and understand the value thatthe Broadway area brings to Burlingame. We look forward to working with merchants and property owners to make the district safer, easierto access and more successful. Best regards, Terry Terry Nagel Mayor, Burlingame tnagelfturlin meore i 02.09.15 PC Meeting Item #9g 1260 EI Camino Real Page 2 of 2 From: John Kevranian [t _j] Sent: Saturday, February 07, 2015 4:52 PM To: PLG Comm-Nlrmala Bandrapalli; PLG Comm -Jeff DeMartini; PLG Comm -peter Gum; PLG Comm - William Loftis; PLG Comm -Rich Sargent; PLG Comm -Richard Terrones; PLG Comm -Sandra Yie Ce: COUNCIL -Nagel, Terry; COUNCIL-Keighran, Ann; COUNCIL-Brownrigg, Michael; COUNCIL -Ortiz, Ricardo; COUNCIL -Root, John; MGR- Goldman, Lisa; ATTY-Kane, Kathleen; CD/PLG-Meeker, William; PW?ENG-Murtuza, Syed; Subject: Broadway, Burlingame Dear Madame Chair & Commissioners, On Monday February 9, 2016, you will be discussing agenda item 8 G., 1260 California Drive, We as merchants on Broadway have major concerns and do not support the plan for the public parking lot (Lot T) to be used as a private carstorage fenced in for 5 years by Rector Porsche/Audi dealership. For the past several months, the city council, planning commission, the Broadway business district and the community have been involved in a new vision for revitalizing Broadway. Allowing this change will not help what we are trying to implement for the Broadway community. In January, when I spoke to the commission in regards to the parking concern citizens had, I mentioned aur plan was to take all the prime parking lots around Broadway, which include Capuchin, Paloma, Laguna and Chula Vista and convert the 10 hour spaces to 2 hours and have Lot T as a employselemployer parking for $1 a day. In the past. most employees and employers were able to park on side streets all day. Now most side streets are permit parking for residents and 2 hour limit for everyone else. With the rental prices increasing, we have noticed that some 1 bedroom apartments are occupied with 2, 3 or 4 people. Most 1 bedroom rentals have 1 car carport, the rest of the occupants are parking out on the streets. Our 10 hour parking spaces located at prime locations are also being used by apartment dwellers. Your utmost consideration in protecting Broadway business district and the Burlingame community is of great importance, Sincerely, John Kevrenian President Broadway Burlingame Business Improvement District Planning Commission Meeting Minutes February 9, 2015 Public Comments., None. :ChanlBasndrapa ' sed the public hearing ion Discussion: > Nice project. Commissioner Loftis made a mo' seconded by Chair Bandrapalli, to approve project with the conditions in the staff repo a motion was approved by the following vote: Aye: 5 - apalli, DeMartini, Loftis, Terrones, and Gum t: 2 - Yie, and Sargent .�� g. 1260 California Drive - zoned Unclassified- Application for a Conditional Use Permit for vehicle storage and new fence for Rector Motors at the corner of California Drive and Broadway (E. James Hannay, Rector Motor Car Co., applicant; City and County of San Francisco- Public Utilities Commission and San Mateo County Transportation Authority, property owners) (209 noticed) Staff Contact: Catherine Barber Ex -Parte Communications., Commissioner DeMartini spoke to the owners of Potpourri and Nuts for Candy. Commissioners Bandrapalli and Terrones spoke to owner of Nuts for Candy. Property Visits., All had visited the property. Senior Planner Barber provided an overview of the staff report. Community Development Director Meeker reminded the Commission that the only issue before the Commission is the use of the property for vehicle storage. The City doesn't own the property and has no control over the tenancy of the property. Noted that in July of last year the City Council indicated that it did not oppose use of the lot by Rector, as very few vehicles were parked at the location. At the October, 2014 Broadway Community Meeting the Council indicated a willingness to work with the business community regarding parking concerns. He further indicated that the opportunity exists for parking on Broadway to be evaluated early in the General Plan update process. Questions of Staff.. > Requested clarification regarding the non -scaled plans that have been submitted. (Barber - indicated that the plans before the Commission are the only plans available currently.) > Requested clarification regarding the ownership configuration of the property. (Meeker - explained that the half of the site closest to the railroad tracks is owned by Caltrain, the remaining half adjacent to California Drive is owned by the San Francisco Public Utilities CommissionISFPUC). > How was the revenue from parking collected? (Kane - noted the existence of revocable permits for parking that existed from the early 1900s. They are revocable permits that have not been actively revoked, but leasing the property to another entity could be considered a revocation. Parking revenue came to the City was not shared with the property owners.) > Does Rector pay for the use of the space? (Meeker - will need to ask the applicant.) Chair Bandrapalli opened the public heating. Craig Mucci represented the applicant. Commission Comments/Questions: > Who is parking on the property from Rector now? (Mucci - employees have been packing at the City of Burlingame Page 0 Printed on 3@5/2015 Planning Commission Meeting Minutes February 9, 2015 location currently. Eventually hope to relieve congestion on the main dealership site by parking service vehicles at the location.) > Counted seventeen cars on the property recently; are they paying for parking there currently? (Mucci - with the new agreement, the employees would not be parking at the location.) > Requested clarification regarding the placement of the fence. Will there be a sidewalk adjacent to the fence? (Mucci - is intended only to be a storage area with no pedestrian activity. Barber - noted the presence of a pedestrian gate at Broadway to prevent people from walking outside the fence along California Drive to exit the area.) > Will there be cars parked on the northern end of the site outside of the leased area? (Kane - the Public Works Department controls that portion of the site.) > Noted that with the approval of renovations for the primary dealership site, it was stated that there would not be the need to store vehicles at other locations in town; what changed? (Mucci - the business model changed to require additional space. Are currently leasing a couple of spaces for vehicles. Are trying to get service vehicles off of the street.) > Is the storage for new vehicles and/or service vehicles? (Mucci - yes.) > Noted that ten to fifteen vehicles per day will be moved at the site. (Mucci - had prior experience moving vehicles through the congested area.) > Wants to be certain that the lot will not be a site for storage of inoperable vehicles. (Mucci - will be strictly used for storage of mechanical service vehicles.) > Would Rector be open to sharing the space with the City for public parking? (Mucci - yes.) Public Comments: John Kevrenian, Broadway Business Improvement District Referenced his written communication to the Commission related to this matter. Is happy to hear that the applicant may be willing to work with the business community. The business community was not involved in the discussion in July 2014 regarding the disposition of Parking Lot T. The business community would like to use Parking Lot T for long-term employee parking. Would like the item to be continued to permit discussions to occur with the stakeholders. Knew nothing about the negotiations between the two public entities and the applicant. Did not receive a public notice of this meeting. Is in opposition of the application. Wll/ not benefit the business community. The community needs more parking given the new development that is occurring. Will eliminate 100 spaces. Want to negotiate a deal that benefits all. Ross Bruce, 1169 Broadway, representing the Broadway Business Improvement District: This lot has been underutilized in the past, but there have been a lot of changes on Broadway. Hope to relocate the employee parking to Lot T Would like to find a way to work with Rector and possibly split the lot with Rector with the northern half being used by Rector. This would allow the remainder to be used for parking. Pat Gtorni, 1445 Balboa Avenue: Agrees with the Broadway representative that Rector has been a great neighbor, but wants to have some coordination. Noted that the Transportation Safety and Parking Commission has not been involved in the discussions. How did the City become able to use the site for parking? Suggested that a portion of Parking Lot 0 be considered for Rectors storage. The Broadway lot is used for commuter drop-off. There will be no parking for new restaurants and the area is used on Tuesday evenings for Off -the -Grid. Where is the new inventory off-loaded? Referenced the Mayor's response to the Broadway business community's letter. Discussed "complete" street designs. Take no action. Bob Schneider, 1120 Capuchino Avenue: Supports the Broadway commercial district. Interested in the long-term effects of parking upon the merchants. Has a continuing problem with employee parking in front of his home. Making Lot T City of Burlingame Page 10 Primal on 3/25/2015 Planning Commission Meeting Minutes February 9, 2015 available to employees could be a viable solution to a lot of problems related to parking. When Off -the -Grid was approved, thought that the parking was to be used as overflow for that event. Chair Bandrapalli closed the public hearing. Commission Discussion: > The City has a tenuous control over the property, though understands the concerns expressed by the Broadway business community. > Doesn't see a means of requiring Caltrain and San Francisco Public Utilities Commission to retain the property forparking. > Has a problem with a roughly 500-1oot long, six-foot tall spike -topped fence along California Drive where none exists currently. There will be no walkway between the fence and the public right-of-way. > It would be great to have conversations with the property owner to try to determine a solution. > If the plan moves forwent wants to see a scaled drawing with more detail of the fencing and demonstration of how the use will not be an inconvenience to the neighborhood. > Is a tricky issue. Part of the concern is that there wasn't discussion with the City, the business community and neighbors regarding this matter. The very successful auto dealership wants to continue to thrive in the City. > The lease has been accepted by the property owners. > Need to reach out to the employees to compel them to park at Lot T. > Need to provide a better explanation of how the use will not be injurious and detrimental to the neighborhood and the community, or to public health, safety and convenience. What will happen when new restaurants come into Broadway. > Would like for Rector to engage with the neighborhood to get over the hurdle about not becoming an inconvenience to the neighborhood and the community. > There is no answer to the questions today, hopefully there can be a quick solution. Doesn't want the dealership to go anywhere else. > Supports Rector in its need for a place to store vehicles. Would like to see discussions occur between Rector and the business community. > Open to sharing the space. > Should also look at pedestrian safety along California Drive. > When the lease is up and the Broadway Station opens again, then there will be a need for parking. Hopefully, someone with the City is exploring options for parking in the area. > Continue with the request that there be additional study re: coordination and cooperation with the City and the business community to achieve some shared use of the property. > Wants to see a scaled drawing that may provide a walkway along the outer perimeter of the property. (Kane - the City in no way controls the terms of leases on the property. Cannot mandate any changes to the leases. Public Works would frown upon creating an informal sidewalk that is not ADA compliant.) > If the application can be made more pedestrian friendly it may be considered,, cannot be approved as it stands. Commissioner Terrones made a motion, seconded by Chair Bandrapalli, to continue the item until the next regular meeting of February 23, 2015. The motion was approved by the following vote; Aye: 5 - Bandrapalli, DeMartini, Loftis, Terrones, and Gum Absent: 2 - Yie, and Sargent 9. DESIGN REVIEW e Commission took a break from 10:08 a. 225 Dwi zoned R-1 - Design Review for a first and secon addition to of audingame Page 11 Printed on 3/25/2015 City of Burlingame Item No. 8f Conditional Use Permit Regular Action Address: 1260 California Drive Meeting Date: February 23, 2015 Request: Conditional Use Permit for vehicle storage and a new fence. Applicant: E. James Hannay, Rector Motor Car Company APN: 093-361-010/093-360-999 Property Owner: City and County of San Francisco- Water Dept./San Mateo County Transportation Authority Lot Area: approx. 5.7 acres (30,429 SF proposed for use) General Plan: Service and Special Sales/Office Use Zoning: Unclassified Environmental Review Status: The project is Categorically Exempt from environmental review pursuant to the California Environmental Quality Act (CEQA), Section 15311(b), Class 11- Accessory Structures- consists of construction, or replacement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities, including but not limited to: (b) small parking lots. Background: The Planning Commission approved this site for car storage for Rector Motor Car Company (Rector) on February 24,1997. That approval was appealed to the City Council and was upheld atthe March 19, 1997 meeting, and the site was utilized for car storage for approximately five years. Most recently the site has been used as long term parking for the Broadway Commercial Area and is known as Parking Lot T. At a City Council study session on July 7, 2014 the Council discussed the disposition of Parking Lot T. The applicantwas present at that meeting and the proposal for car storage for Rector was discussed. Council noted that a car storage use at this location would be acceptable for a limited duration (five years), but councilmembers expressed concern with the possibility of chain linkfencing around the perimeter and requested more attractive fencing given the visible gateway location. Project Description: The applicant, E. James Hannay of Rector Motor Car Company (Rector), is requesting a Conditional Use Permit for car storage for approximately 80 vehicles in the parking lot on the northeast corner of Broadway and California Drive (1260 California Drive). The cars to be stored at this location would include new inventory as well as cars awaiting repairs from the main dealership located at 1010 Cadillac Way. The area proposed for car storage would be approximately 63 feet wide by 483 feet long and sits adjacent to the railroad tracks. The area is owned by two entities, the City and County of San Francisco Water Department and the San Mateo County Transportation Authority (SamTrans). The property has an "unclassified" zoning designation and in accordance with C.S. 25.12.041, Conditional Use Permit approval from the Planning Commission is required for the proposed use. The applicant has secured a lease with both entities to allow car storage. The area proposed for car storage would be enclosed with a new perimeter fence along Broadway and California Drive. The proposed fence would be a 3 -rail black, iron fence 6 feet in height. A 20 -foot wide access gate is proposed at the north end of the parking lot. Cars would enter the main lot along California Drive, at the driveway that is across from Juanita Avenue, and then would enter the dedicated storage area at the north end of the lot. There are five (5) existing light poles located on the east side of the parking area, adjacent to the tracks, but no additional lighting or other improvements are proposed. There will be no customers on-site; all cars would be shuttled to the main Rector location at 1010 Cadillac Way. The applicant anticipates that there would be 10 to 15 cars moved to and from this location per day. Employees would drive one car from the main location to the proposed storage site, and return with another car. On occasion an employee may walk over from the main location to the storage site to shuttle a car back. There would be no deliveries of new cars at this location. New cars would continue to be delivered to the dealership at 1010 Cadillac Way and then would be driven to the storage site. The>applicant is requesting the following application: Conditional Use Permit for vehicle storage and a new fence on property zoned "unclassified" (C.S. Conditional Use Permit 1260 California Drive 25.12.041). Staff Comments: The Public Works Department, Engineering Division, notes in their January 30, 2015 memo that vehicle shuttles to and from the proposed location would be prohibited during peak commute hours (7:00 a.m.- 9:00 a.m. and 4:00 p.m. - 7:00 p.m.). See attached memos from the Chief Building Official, Fire Division, Engineering Division, and Stormwater Division. Planning Commission Consideration on February 9, 2015: This application was considered bythe Planning Commission at the February 9, 2015 meeting. Following the public hearing, the Commission continued the matter to the February 23, 2015 meeting with direction to the applicant to provide scaled drawings and more details on the placement of the proposed fence, specifically as it relates to pedestrian access on the east side of California Drive. The applicant submitted a response letter dated February 13, 2015 (date stamped February 17, 2015) along with scaled drawings, to address the Planning Commission's questions and comments. Staff consulted with Public Works regarding the Planning Commission's concern with pedestrian safety along the east side of California Drive. However, Public Works did notwant a sidewalk constructed on this side because it would not lead to any destination point other than the Rector storage. Rector will be required to install a pedestrian gate at the south end of the storage area, near Broadway and California, to provide forsafe access to the site. In addition there are no cross walks on California Drive, north of Broadway, until Murchison Drive. Please refer to the February 9, 2015 Planning Commission minutes included in the staff report for the list of Planning Commission questions and comments and public comments. Findings for a Conditional Use Permit: In orderto grant a Conditional Use Permit, the Planning Commission must find that the following conditions exist on the property (Code Section 25.52.020, a -c): (a) 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, safety, general welfare or convenience; (b) The proposed use will be located and conducted in a manner in accord with the Burlingame general plan and the purposes of this title; (c) The planning commission may impose such reasonable conditions or restrictions as it deems necessary to secure the purposes of this title 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. Planning Commission Action: The Planning Commission should conduct public hearing on the application, and consider public testimony and the analysis contained within the staff report. Action should include specific findings supporting the Planning Commission's decision, and should be affirmed by resolution of the Planning Commission. The reasons for any action should be stated clearly for the record. At the public hearing the following conditions should be considered: that the project shall be built as shown on the plans submitted to the Planning Division date stamped January 15, 2015 and February 17, 2015, site plan, modified aerial and elevation; 2. that the proposed fence shall be a 3 -rail, black iron fence not to exceed a height of 6 feet, as detailed in the application materials dated January 15, 2015; 3. that the proposed fence shall include a pedestrian gate located near the intersection of Broadway and California; -2- Conditional Use Permit 1260 California Drive 4. that no cars shall be moved to and from this site between 7:00 a.m.- 9:00 a.m. and 4:00 p.m - 7:00 p.m. Monday through Friday; 5. that the applicant shall complete a street address application to be assigned a physical address; 6. that the site shall be used for car storage only, no car sales, car repair, washing/detailing or other auto related activity shall be permitted on this site; 7. that no additional lighting or loudspeakers shall be installed or used at this site; 8. that should the lease agreement with the City and County of San Francisco Water Department and/or San Mateo County Transportation Authority (SamTrans) expire, this use permit shall become void; and 9. that this approval shall be limited to a 5 -year term; the applicant may apply to renew the use permit on or before February 9, 2020 at which time this use permit shall expire. Catherine Barber Senior Planner cc: E. James Hannay, applicant Attachments: Response packet from E. James Hannay, Rector Motor Car Company • Letter, dated February 13, 2015 • Revised Site plan • Aerial Modified aerial/Fence elevation - date stamped January 15, 2015 February 9, 2015 Planning Commission Minutes Letter from John Kevranian, Broadway Burlingame Business Improvement District (February 7, 2015) • Response from Mayor Terry Nagel (February 8, 2015) Application to the Planning Commission • CUP application • Commercial Application Staff Comments Planning Commission Resolution (Proposed) Notice of Public Hearing — Mailed January 30, 2015 Aerial Photo -3- OFFICE OF THE PRESIDENT February 13, 2015 Ms. Catherine Barber Senior Planner, Planning Division The City of Burlingame 501 Primrose Road Burlingame, California 94010-3997 Dear Catherine, RECTOR MOTOR CAR COMPANY IC10 CADILLAC WAY BHRLINGAME, CALIFORNIA 94010 TELEPHONE (650) 348-0111 Attached is our fencing proposal and my assurances that we will construct it to the City's specifications. I might add that I think the pedestrian gate is very good idea and have instructed the fence company to provide same. If we are to grow our business and keep both franchises in Burlingame we need the entire parking area and therefore do notwish to sharethe facility. Also, shared liability is not a prudent Idea and our insurance carrier would object. Prior to construction in the area the lot was basically empty, i.e. 3-4 cars or trucks per day. As you know, we have leases in place with San Mateo County Transportation Authority and the San Francisco Public Commission which have been funded and we need the space now. As an aside Mr. Kevranian misrepresented the annual rent to the Palo Alto Daily News. The actual annual rent is $76,800.00 plus CPI. Most sincerely, C E.1a es Hannay Pre dent/CEO Attachments EJH: gs w Naz O LJ lT�1p!'��1 m D y O n m D Z Z N pgp�osO.m�mT'�Y� 7novyy�v�m G Z m? A N N m.. 9b NN N m�l�%It�Y 2g+ym��p yN�m O mNmK• m S'Om4>m n C x C n hx._ m _ A9 -Di m m D 0 H 0 0 3 A z 3 o g 'm z i3 iCQ no pAa m3m tom` n 34. uA m ?o°6� n zN nm� >oa '^ d ba °me * s� ma az am Fss g - n m� Naa m` 4 a mo mZR m 'gs. F 3 aL�nm 52 52 m � ° 211312015 Rector Motor Car Company Mail - Rector Vehicle Storage at 1260 California Drive (Draft to Jim Hannay and Gerry Shepherd) G2.11 -J, _. Gerry Sheppard <gsheppard@rectormotors.com> Rector Vehicle Storage at 1260 California Drive (Draft to Jim Hannay and Gerry Shepherd) Phil Damian <phild-baileyfenceco@outlook.com> To: Gerry Sheppard <gsheppard@rectormotors.com> Fri, Feb 13, 2015 at 10:18 AM TO WHOM IT MAY CONCERN: PER THE BELOW MENTIONED CHANGES TO THE NEW FENCE LISTED BELOW,BAILEY FENCE CO. WILL INSTALL A 4' X 6' MAN GATE INTO THE PROPOSED FENCE LINE ALONG THE BROADWAY SIDE OF THE CAR LOT. THE GATE WILL HAVE A LEVER LATCH ASSEMBLY FOR ENTRANCE AND EXITING THE LOT (UNLESS OTHERWISE SPECIFIED), THE LOCATION TO BE DETERMINED AND SPECIFED ON A DRAWING BY THE CITY OF BURLINGAME CA. AND SUBMITTED TO BAILEY FENCE CO. PRIOR TO THE NEW FENCE INSTALLATION. PHIL DAWNS - BAILEY FENCE CO - CELL 510 - 244 - 9831 FAX - 510- 783 - 2989 Date: Fri, 13 Feb 2015 09:24:46 -0800 Subject: Fwd: FW: Rector Vehicle Storage at 1260 California Drive (Draft to Jim Hannay and Gerry Shepherd) From: gsheppard@rectormotors.com To: phild-baileyfenceco@outlook.com [Quoted text hidden] https:tlmall.google.comlmaillu/O/?u1=2&ik=2749218c96&viaw=pt&search=lnbox&msg=14b842980bb479fc&simi= 14b8429801h1h479fc t/1 BROADWAY g n� yD I G m A ro alz, I Z F Z mD Z2 D I - 10 i 11 A� Iz m ' I�_ �o 0 C I Im I I{I o ip I I � O I O { Dm I C rim I / I C+ 4-0 To r*,*& wili(I ;mce.. IV L Planning Commission Associates, applicant Staff Contact: Rube Attachments: 1 7 g� Meeting Minutes - Draft designer; Grey Banker LLC Commissi er DeMartinl returned to th dais. I Communications: None Visits: All had visit the property. Community Developme Director Meeker provided overview of the staff report. February 9, 2015 owner) (31 noticeg Questions of Staff.' > Asked if lure signage was propo d would it be approved by aff or the Commission? eeker - by staff if it mplies with the sign stand s in the Municipal Code. Chair ndrapalli opened the publi eating. e Meyer represented the a icant. Commission Comments/ estions: > Likes what he been done to restore the riginal transom. Has the ayout of the transom been played out all th way across the building? over - has investigated a existing transoms to ensu that the pattern 11 work.) > Request clarification regarding what is happening with the mi a tenant space. (Meyer - oted that there ill be no design changes o the outside of the building ifh the exception of remove! f the sign and a backing.) > uld prefer that the design i orporate the additional gri within the transom windows. (Meyer - are ambling that the other two nant spaces will eventually a changed to match the res ed transom dow pattern. Tying to be ore consistent with the a ting window pattern knnwinn at tho „n„or floor windows are not likely to c nge.) Public Comments: None. Chair Bandrapallosed the public hearing > Ni project. Co missioner Loftis made a otion, seconded by Chair conditions in the staff repo The motion was approved by t Aye: 5- Bandra Ili, DeMartini, Lotis, Terrones, annd �r Absent: 2� Yi nd Sargent / , to approve the project with vote: g. 1260 California Drive - zoned Unclassified- Application for a Conditional Use Permit for vehicle storage and new fence for Rector Motors at the corner of California Drive and Broadway (E. James Hannay, Rector Motor Car Co., applicant; City and County City or Burlingame Page 9 Printed on 2117/201 1 5 Planning Commission Meeting Minutes - Draft February 9, 2015 of San Francisco- Public Utilities Commission and San Mateo County Transportation Authority, property owners) (209 noticed) Staff Contact: Catherine Barber Attachments: 1260 California -Staff Recon 1260 California Or - attachments 1260 EI Camino Real - 02.09.15 - rec after 1.odf Et -Parte Communications: Commissioner DeMartfni spoke to the owners of Potpourri and Nuts for Candy. Commissioners Bandrapaili and Terrones spoke to owner of Nuts for Candy. Property Visits: All had visited the property. Senior Planner Barber provided an overview of the staff report. Community Development Director Meeker reminded the Commission that the only issue before the Commission is the use of the property for vehicle storage. The City doesn't own the property and has no control over the tenancy of the property. Noted that in July of last year the City Council indicated that it did not oppose use of the lot by Rector, as very few vehicles were parked at the location. At the October, 2014 Broadway Community Meeting the Council indicated a willingness to work with the business community regarding parking concerns. He further indicated that the opportunity exists for parking on Broadway to be evaluated early in the General Plan update process. Questions of Staff > Requested clarification regarding the non -scaled plans that have been submitted. (Barber - indicated that the plans before the Commission are the only plans available currently.) > Requested clarification regarding the ownership configuration of the property. (Meeker - explained that the half of the site closest to the railroad tracks is owned by Caltrain, the remaining half adjacent to California Drive is owned by the San Francisco Public Utilities CommissionlSFPUC). > How was the revenue from parking collected? (Kane - noted the existence of revocable permits for parking that existed from the eacy 1900s. They are revocable permits that have not been actively revoked, but leasing the property to another entity could be considered a revocation. Parking revenue came to the City was not shared with the property owners.) > Does Rector pay for the use of the space? (Meeker - will need to ask the applicant.) Chair Bandrepalli opened the public hearing. Craig Mucci represented the applicant. Commission Comments/Questions: > Who is packing on the property from Rector now? (Mucci - employees have been parking at the location currently. Eventually hope to relieve congestion on the main dealership site by parking service vehicles at the location) > Counted seventeen cars on the property recently; are they paying for parking there currently? (Mucci - with the new agreement, the employees would not be parking at the location.) > Requested clarification regarding the placement of the fence. Will there be a sidewalk adjacent to the fence? (Mucci - is intended only to be a storage area with no pedestrian activity. Barber - noted the presence of a pedestrian gate at Broadway to prevent people from walking outside the fence along California Drive to exit the area.) > Will there be cars parked on the northern and of the site outside of the leased area? (Kane - the Public Works Department controls that portion of the site.) . > Noted that with, the approval of renovations for the primary dealership site, it was stated that there would not be the need to store vehicles at other locations in town; what changed? (Mucci - the business model changed to require additional space. Are currently leasing a couple of spaces for vehicles currently Are trying to get service vehicles off of the street) > Is the storage for new vehicles and/or service vehicles? (Mucci - yes.) City ofau'lingame, Page 10 Primed on 2/1712015 Planning Commission Meeting Minutes - Draft February 9, 2015 > Noted that ten to fifteen vehicles per day will be moved at the site. (Mucci - had prior experience moving vehicles through the congested area.) > Wants to be certain that the lot will not be a site for storage of inoperable vehicles. (Mucci - will be strictly used for storage of mechanical service vehicles.) > Would Rector be open to sharing the space with the City for public parking? (Mucci - yes.) Public Comments: John Kevranian, Broadway Business improvement District. Referenced his written communication to the Commission related to this matter. Is happy to hear that the applicant may be willing to work with the business community. The business community was not involved in the discussion in July 2014 regarding the disposition of Parking Lot T. The business community would like to use Parking Lot T ror long-term employee parking. Would like the item to be continued to permit discussions to occur with the stakeholders. Knew nothing about the negotiations between the two public entities and the applicant. Did not receive a public notice of this meeting. Is in opposition of the application. Will not benefit the business community. The community needs more parking given the new development that is occurring. Will eliminate 100spaces. Want to negotiate a deal that benefits all. Ross Bruce, 1169 Broadway, representing the Broadway Business Improvement District: This lot has been underutilized in the past, but there have been a lot of changes on Broadway. Hope to relocate the employee parking to Lot T. Would like to find a way to work with Rector and possibly split the lot with Rector with the northern half being used by Rector. This would allow the remainder to be used for parking. Pat Giomi, 1445 Balboa Avenue: Agrees with the Broadway representative that Rector has been a great neighbor, but wants to have some coordination. Noted that the Transportation Safety and Parking Commission has not been involved in the discussions. How did the City become able to use the site for parking? Suggested that a portion of Parking Lot O be considered for Rector's storage. The Broadway lot is used for commuter drop-off. There will be no parking for new restaurants and the area is used on Tuesday evenings for Off -the -Grid. More is the new inventory off-loaded? Referenced the Mayor's response to the Broadway business community's letter. Discussed"complete"street designs. Takenoaction. Bob Schneider, 1120 Capuchino Avenue: Supports the Broadway commercial district. Interested in the long-term effects of parking upon the merchants. Has a continuing problem with employee parking in front of his home. Making Lot T available to employees could be a viable solution to a lot of problems related to parking. When Off -the -Grid was approved, thought that the parking was to be used as overflow for that event. Chair Bandrapalli closed the public hearing. Commission Discussion: > The City has a tenuous control over the property, though understands the concerns expressed by the Broadway business community. > Doesn't see a means of requiring Caltram and San Francisco Public Utilities Commission to retain the property for parking. > Has a problem with a roughly 500 -foot long, six-foot tall spike -topped fence along California Drive where none exists currently. There will be no walkway between the fence and the public right-of-way. > It would be great to have conversations with the property owner to try to determine a solution. > If the plan moves forward, wants to see a scaled drawing with more detail of the fencing and Clay oraurlingame Page 11 PrinWd m 2/17/2015 Planning Commission Meeting Minutes • Draft February 9, 2015 demonstration of how the use will not be an inconvenience to the neighborhood. > Is a tricky issue. Part of the concern is that there wasn't discussion with the City, the business community and neighbors regarding this matter. The very successful auto dealership wants to continue to thrive in the City. > The lease has been accepted by the property owners. > Need to reach out to the employees to compel them to park at Lot T. > Need to provide a better explanation of how the use will not be injurious and detrimental to the neighborhood and the community, or to public health, safety and convenience, What will happen when new restaurants come into Broadway. > Would like for Rector to engage with the neighborhood to get over the hurdle about not becoming an inconvenience to the neighborhood and the community. > There is no answer to the questions today, hopefully there can be a quick solution. Doesn't want the dealership to go anywhere else. > Supports Rector in its need for a place to stare vehicles. Would like to see discussions occur between Rector and the business community. > Open to sharing the space. > Should also look at pedestrian safety along California Drive. > When the lease is up and the Broadway Station opens again, then there will be a need for parking. Hopefully, someone with the City is exploring options for parking in the area. > Continue with the request that there be additional study re: coordination and cooperation with the City and the business community to achieve some shared use of the property. > Wants to see a scaled drawing that may provide a walkway along the outer perimeter of the property. (Kane - the City in no way controls the terms of leases on the property. Cannot mandate any changes to the leases. Public Works would frown upon creating an informal sidewalk that is not ADA compliant.) > If the application can be made more pedestrian friendly it may be considered,' cannot be approved as it stands. Commissioner Terrones made a motion, seconded by Chair Bandrapaili, to continue the item until the next regular meeting of February 23, 2075. The motion was approved by the following vote: Aye: 5- Bandrapalli, DeMartini, Loftis, Terrones, and Gum Absent: 2 - Yie, and Sargent The C ission took a break from 10:08 p.m. to . 5 p.m. a. 225 Dwight Road, zoned Design Review for a first and an existing single f dwelling (Jesse Geurse, Geur applicant and d ' er; Sinhad and Medina Begic, erty Contact: Cat a Barber a ants 225 pwiaht-Staff Reoort Commissioner Terrones ' cated that he would recuse regarding this item to -statutory reasons. He left the City 0 Ex -Parte munications: None. certy Visits. All Commissioners had visited UaOrrovertv. story addition to al Design, Inc, owners) (58 participating in the discussion City ofBurOngeme Page 12 Primed on 211WO15 02.09.15 PC Meeting Item #9g 1260 EI Camino Real Page 1 of 2 On Feb 8, 2015, at 8:20 AM, "COUNCIL -Nagel, Terry" <tnagejgbuTlingame.org> wrote: Dear John-- Cc7HWINICAT ION RECEIVED AFTER PREPARATION OF STAFF REPORT RECEIVED FEB 09 2015 CITY OF BURLINGAME CDD — PLANNING DIV. I am taking the liberty of replying to your email to our Planning Commission because the concerns you express relate to the larger discussion that our City Council had last Monday when we reviewed the extensive input we received from the recent community meeting about the Broadway commercial district. Lot T, located next to the train tracks on the north side of Broadway, does not belong to the city. The San Francisco Public Utilities Commission and Caltrain have jurisdiction over that land, and the lease agreement with Rector is among those parties. Despite our best efforts to encourage long-term parkers and store employees to use this lot, it is seldom used, probably because of the difficulty in crossing at the busy California/Broadway intersection and, more recently, the added confusion caused by the Broadway overpass construction. At our City Council discussion last Monday, we identified several projects that the city is putting into motion to improve traffic and parking in the Broadway area, including crosswalk safety, signage, lighting and economic development incentives. We will address larger systemic problems as we review the area as part of our General Plan update. While some merchants may feel it may make sense to change the time designations for parking lots in the area, changes of that magnitude require greater study of patterns in the area and involve a public input process that takes into consideration all those who live in, work in and visit the Broadway district, as well as the revenue from the lots that we depend on in order to maintain the area. In the meantime, our city is open to incremental changes that may be suggested. These should be directed to our Traffic, Safety and Parking Commission. Improvements are already in progress as a result of our discussion last Monday. Our public works director will be reporting back to the council within a few weeks on progress toward street safety upgrades. Our police chief, Eric Wollman, has instructed our traffic division to focus on Broadway enforcement issues. The Burlingame Police Department will be increasing patrols of the area, issuing citations and warnings, and will be conducting driver and pedestrian education. We all appreciate and understand the value that the Broadway area brings to Burlingame. We look forward to working with merchants and property owners to make the district safer, easier to access and more successful. Best regards, Terry Terry Nagel Mayor, Burlingame tnagel@burl i ngame.org 02.09.16 PC Meeting Item #9g 1260 EI Camino Real Page 2 of 2 From: John Kevranian rmailto:jkevran(obaol.coml Sent: Saturday, February 07, 2015 4:52 PM To: PLG Comm-Ninnala Bandrapalli; PLG Comm -Jeff DeMartini; PLG Comm -Peter Gum; PLG Comm - William Loftls; PLG Comm -Rich Sargent; PLG Comm -Richard Terrones; PLG Comm -Sandra Yie Cc: COUNCIL -Nagel, Terry; COUNCIL-Keighran, Ann; COUNCIL-Brownrigg, Michael; COUNCIL -Ortiz, Ricardo; COUNCIL -Root, John, MGR- Goldman, Lisa; ATTY-Kane, Kathleen; CD/PLG-Meeker, Williarr Subject: Broadway, Burlingame Dear Madame Chair & Commissioners, On Monday February 9, 2015, you will be discussing agenda item 8 G., 1260 California Drive. We as merchants on Broadway have major concerns and do not support the plan for the public parking lot (Lot T) to be used as a private car storage fenced in for 5 years by Rector Porsche/Audi dealership. For the past several months, the city council, planning commission, the Broadway business district and the community have been involved in a new vision for revitalizing Broadway. Allowing this change will not help what we are trying to implement for the Broadway community. In January, when I spoke to the commission in regards to the parking concern citizens had, I mentioned our plan was to take all the prime parking lots around Broadway, which include Capuchin, Paloma, Laguna and Chula Vista and convert the 10 hour spaces to 2 hours and have Lot T as a employee/employer parking for $1 a day. In the past, most employees and employers were able to park on side streets all day. Now most side streets are permit parking for residents and 2 hour limit for everyone else. With the rental prices increasing, we have noticed that some 1 bedroom apartments are occupied with 2, 3 or 4 people. Most 1 bedroom rentals have 1 car carport, the rest of the occupants are parking out on the streets. Our 10 hour parking spaces located at prime locations are also being used by apartment dwellers. Your utmost consideration in protecting Broadway business district and the Burlingame community is of great importance. Sincerely, John Kevranian President Broadway Burlingame Business Improvement District 650-676-7301 COMMUNITY DEVELOPMENT DEPARTMENT • 501 PRIMROSE ROAD a BURLINGAME, CA 94010 p: 650.558.7250 • f: 650.696.3790 • www.burlingame.org APPLICATION TO THE PLANNING COMMISSION Type of application: A,rr.vl , j z b f r: s, ;z` ❑ Design Review ❑ Variance ❑ Parcel # r ❑ Conditional Use Permit ❑ Special Permit ❑ Other: A T:.r J PROJECTADDRESS APPLICANT project contact person ❑ OK to send electronic copies of documents ❑ Name: Address: City/State/Zip: Phone: Fax: PROPERTY OWNER project contact person OK to send electronic copies of documents ❑ Name: Address: City/State/Zip: Phone: _ Fax: E-mail: E-mail: ARCHITECT/DESIGNER project contact person ❑ OK to send electronic copies of documents ❑ Name: S ate'%VEL` Address: City/State/Zip: Phone: ATT UIF BURLINGAME ••C;f',"I ANNING DIV AFFADAVITISIGNATURE:' ,Iiilireby certify r penalty of perjury that the information given herein is true and correct to the best of my knowledge and i�eif f. _, y ._ fF r r Applicant's signaturesDate: I am aware of the proposecyappli flan and hereby authori a the above applicant to submit this application to the Planning Commission. 1,_ r Property owner's signature rtq<'= x' " Date: Date submitted: *Verification that the projec fcl- cl/designer has a valid Burlingame business license will be required by the Finance Department at the time application fees are paid. S: I HANOOUTSj PC Appiication. doc City of Burlingame • CommunityDevelopment Department • Sol Primrose Road • P (650) 558-7250 • F (650) 696-3790. w ,burn m et1RL1�GAME CITY OF BUR IN AME CONDITIONAL USE PERMIT APPLICATION The Planning Commission is required by law to make findings as defined by the City's Ordinance (Code Section 25.52.020). Your answers to the following questions can assist the Planning Commission in making the decision as to whether the findings can be made for your request. Please type or write neatly in ink. Refer to the back of this form for assistance with these questions. Explain why the proposed use at the Proposed location will not be detrimental or injurious to property or improvements in the vicinity or to public health, safety, general welfare or convenience. The nearest residences are approximately 1o0' away along California Drive. The only structure proposed is a 6'iron fence which will be partially blocked from view by the first row of cars parked in the existing parking area along California Drive_ Cars will be stored awaiting sale. Movement of cars and employees to and.from the storage area will be minimal. This project will not create detrimental effects to property, public health, safety, general welfare or convenience. It will improve the area that is now difficult to control and often has illegally parked cars and trucks. 2. How will the proposed use be located and conducted in accordance with the Burlingame General Plan and Zoning Ordinance? The zoning for this area is unclassified. The proposed use is consistent with the zoning. There are other car storage areas in the city within the railroad rightof way. The area east of the railroad right of way is zoned Industrial. 3. How will the proposed project be compatible with the aesthetics; mass, bulk and character of the existing and potential uses on adjoining properties in the general vicinity? The area will have controlled parking with an esthetically pleasing 6' iron fence around the area. The areas south and west of the project are already used for parking cars. The project will be about 100 feet from the residences along California Drive and their view of the project will be partially blocked by traffic on California Drive and by parked carsjust west of California Drive. Rev 06.2007 HandoutslQonditional Use permit App.doo Community Development Dept. - 501 Primrose Road - Burlingame, CA 94010 - P:650.558.7250 - F:650.696.3790 - www.burlincame.org eunurcnm� COMMERCIAL APPLICATION PLANNING COMMISSION APPLICATION SUPPLEMENTAL FORM 1. Proposed use of the site C✓' i:,f ar r <<"_ 2. Das and hours of operation _ MW -rA 3. Number of trucks/service vehicles to be parked at site (by type) /verv. 4. Current and projected maximum number of employees (Including owner) at this location: c l Cal=E1 CW r y 5. Current and projected maximum number of visitors/customers who may come to the site: rW rr e!: - l Before After After Hours of Before After' Before After Operation 5:00 pm 5:00 pm 5:00 pm 5:00 pm 5:00 pm 5:00 pm Weekdays Full-time Part-time Weekends ,! I ; m-lf 'SuRLIN Full-time Part time 5. Current and projected maximum number of visitors/customers who may come to the site: rW rr e!: - EU 14 TAME DIV 6. What is the maximum number of people expected on site at any one time (include owner, employees and h VISItOrS/CUSiOmerS): 7. Where do/will the owner and employees park? * l < F' f f_e j s T'cA 8. Where do/will the customers/visitors park? f} l 9. Present or most recent use of site 10. List other tenants on property, their number of employees, hours of operation (attach a list if more room is Commercial Application.cloc Hours of Before After Before or Before --- •- Operation 5:00 pm 5:00 pm 5:00 pm 5:00 pm 5:00 t Weekdays Weekends ,! I ; m-lf 'SuRLIN EU 14 TAME DIV 6. What is the maximum number of people expected on site at any one time (include owner, employees and h VISItOrS/CUSiOmerS): 7. Where do/will the owner and employees park? * l < F' f f_e j s T'cA 8. Where do/will the customers/visitors park? f} l 9. Present or most recent use of site 10. List other tenants on property, their number of employees, hours of operation (attach a list if more room is Commercial Application.cloc Project Comments Date: January 15, 2015 To: X Engineering Division U Fire Division (650) 558-7230 (650) 558-7600 0 Building Division 0 Stormwater Division (650) 558-7260 (650) 342-3727 U Parks Division ® City Attorney (650) 558-7334 (650) 558-7204 From: Planning Staff Subject: Request for Conditional Use Permit for vehicle storage and a new fence for Rector Cadillac at the corner of California Drive and Broadway - 1260 California Drive, zoned Unclassified APN: PUC/Joint Powers Board properties adjacent to rail road tracks Staff Review: January 26, 2015 1. The pedestrian gate access shall be close to Broadway and California intersection to prevent the use of the narrow section between to the roadway and fence from being used as a walking path. 2. Use of the parking lot to shuttle vehicles are not allowed between the hours of 7-9am (morning commute) and 4-7pm (evening commute) hours. 3. The owner of the property must complete a street address application and pay the fee as this property has not been assigned a physical address. The application can be located at: https://www.burlinaame.orqmgLd-ules/ShowDocument asox?documentid-6044 Reviewed by: M. Quan Date: 1130/15 Project Comments Date: January 15, 2015 To: 0 Engineering Division 0 Fire Division (650) 558-7230 (650) 558-7600 X Building Division 0 Stormwater Division (650) 558-7260 (650) 342-3727 0 Parks Division 0 City Attorney (650) 558-7334 (650) 558-7204 From: Planning Staff Subject: Request for Conditional Use Permit for vehicle storage and a new fence for Rector Cadillac at the corner of California Drive and Broadway - 1260 California Drive, zoned Unclassified APN: PUCIJoint Powers Board properties adjacent to rail road tracks Staff Review: January 26, 2015 No comments. Project Comments Date: January 15, 2015 To: 0 Engineering Division (650) 558-7230 0 Building Division (650) 558-7260 0 Parks Division (650) 558-7334 From: Planning Staff 0 Fire Division (650) 558-7600 X stormwater Division (650) 342-3727 0 City Attorney (650) 558-7204 Subject: Request for Conditional Use Permit for vehicle storage and a new fence for Rector Cadillac at the corner of California Drive and Broadway - 1260 California Drive, zoned Unclassified APN: PUC/Joint Powers Board properties adjacent to rail road tracks Staff Review: January 26, 2015 Any construction project in the City, regardless of size, shall comply with the city's stormwater NPDES permit to prevent construction activity stormwater pollution. Project proponents shall ensure that all contractors implement appropriate and effective Best Management Practices (BMPs) during all phases of construction, including demolition. When submitting plans for a building permit, please include a list of construction BMPs as project notes, preferably, on a separate full size (2'x 3' or larger), plan sheet. A downloadable electronic file is available at: http://wvvw.flowstobay.org/Construction For assistance please contact Kiley Kinnon at (650) 342-3727 Reviewed by: KJK Date: 01/29115 RESOLUTION APPROVING CATEGORICAL EXEMPTION AND CONDITIONAL USE PERMIT RESOLVED, by the Planning Commission of the City of Burlingame that: WHEREAS, a Categorical Exemption has been proposed and application has been made for a WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on February 23. 2015, at which time it reviewed and considered the staff report and all other written materials and testimony presented at said hearing; NOW, THEREFORE, it is RESOLVED and DETERMINED by this Planning Commission that: 1. It is hereby found that the project set forth above is Categorically Exempt from environmental review pursuant to the California Environmental Quality Act (CEQA), Section 15311(b) — Accessory Structures- including the construction, or replacement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities, including but not limited to: (b) small parking lots. 2. Said Conditional Use Permit is approved subject to the conditions set forth in Exhibit "A" attached hereto. Findings for such Conditional Use Permit are set forth in the staff report, minutes, and recording of said meeting. 3. It is further directed that a certified copy of this resolution be recorded in the official records of the County of San Mateo. Chairman I, , Secretary of the Planning Commission of the City of Burlingame, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting of the Planning Commission held on the 23rd day of February. 2015 by the following vote: Secretary EXHIBIT "A" Conditions of approval for Categorical Exemption and Design Review Amendment 1260 California Drive Effective March 5, 2015 1. that the project shall be built as shown on the plans submitted to the Planning Division date stamped January 15, 2015 and February 17, 2015, site plan, modified aerial and elevation; 2. that the proposed fence shall be a 3 -rail, black iron fence not to exceed a height of 6 feet, as detailed in the application materials dated January 15, 2015; 3. that the proposed fence shall include a pedestrian gate located near the intersection of Broadway and California; 4. that no cars shall be moved to and from this site between 7:00 a.m.- 9:00 a.m. and 4:00 p.m. - 7:00 p.m. Monday through Friday; 5. that the applicant shall complete a street address application to be assigned a physical address, 6. that the site shall be used for car storage only, no car sales, car repair, washing/detailing or other auto related activity shall be permitted on this site; 7. that no additional lighting or loudspeakers shall be installed or used at this site; 8. that should the lease agreement with the City and County of San Francisco Water Department and/or San Mateo County Transportation Authority (SamTrans) expire, this use permit shall become void; and 9. that this approval shall be limited to a 5 -year term; the applicant may apply to renew the use permit on or before February 9, 2020 at which time this use permit shall expire. 9DwvvCITY OF BURLINGAME COMMUNITY DEVELOPMENT DEPARTMENT vv.burhngame.org 501 PRIMROSE ROAD BURLINGAME, CA 94010 PH: (650) 556-7250 • FAX: (650) 696-3790 Site: 1260 CALIFORNIA DRIVE The City of Burlingame Planning Commission announces the following public hearing on MONDAY, FEBRUARY 9, 2015 at 7:00 P.M. in the City Hall Council Chambers, 501 Primrose Road, Burlingame, CA: Application for a Conditional Use Permit for vehicle storage and new fence for Rector Motors at The corner of California Drive and Broadway at 1260 CALIFORNIA DRIVE zoned Unclassified. Mailed: January 36, 2015 (Please refer to other side) City of Burlingame PUBLIC FEARING NOTICE A copy of the application and plans for this project may be reviewed prior to the meeting at the Community Development Department at 501 Primrose Road, Burlingame, California. If you challenge the subject application(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing, described in the notice or in written correspondence delivered to the city at or prior to the public hearing. Property owners who receive this notice are responsible for informing their tenants about this notice. For additional information, please call (650) 558-7250. Thank you. William Meeker Community Development Director PUBLIC FEARING NOTICE (Please refer to other side) Planning Commission -110 f. Meeting Minutes Ex -Parte Communica ' s: None. Visits to Prope . All had visited the property. Senior nner Hurin provided a brief overviey Of Staff > None. Chair Bandrapalli open he public hearing. Matthew Meffor presented the applicant: Commis n questions/comments. Public comments: > None. Commission discussion: > A good use of property. Conditions in staff Action !salon Loftis made a motion, staff report. are applicable. I by Commissioner Its he motion carried by the foll ng vote: Aye: 6 - Bandrapalli, DeM i, Yie, Loftis, Sargent, and Gum Absent: 1 - Terrones / February 23, 2015 to approve the 1260 California Drive - zoned Unclassified- Application for a Conditional Use Permit for vehicle storage and new fence for Rector Motors at the corner of California Drive and Broadway (E. James Hannay, Rector Motor Car Co., applicant; City and County of San Francisco- Public Utilities Commission and San Mateo County Transportation Authority, property owners) (209 noticed) Staff Contact: Catherine Barber Ex -Parte Communications: Commissioner DeMartini spoke with the owner of Nuts for Candy and the owner of Potpourri. Visits to Property., All had visited the property. - Planning Manager Gardiner provided a brief overview of the staff report. Questions of Staff.. > None. Chair Bandrapalli opened the public hearing. Craig Mucci represented the applicant Commission commentsrquestions: City of Butlingame page 6 Printed on WW015 Planning Commission Meeting Minutes February 23, 2075 > Do other Rector lots have fences? (Mucci: The lot on Cadillac Way has a fence.) Why is it necessary here? (Mucci: Security. Also in last meeting there was concern about pedestrian safety. Has changed plans to have pedestrian gate. Aesthetically wants to make the property to look better.) > Would applicant still consider splitting space? (Mucci: Needs the property as business the grows. Concemed with shared liability with insurance.) > Investigated other lots? (Mucci. Yes.) > Does not understand liability issue. > Did applicant meet with Broadway merchants? (Mucci: Yes exchanged an email. Needs lot to support growth of dealership.) > Dealership had previously been granted a variance for reduced parking, but now needing overflow parking. (Mucci., Wants to relieve congestion on Cadillac Way. By the time inventory, service and carryover was considered, the existing facility was at capacity.) > Will employees park in the lot, or is this purely for storage? How many employees? (Mucci: 72 employees.) Is there a possibility to have employees park during the day and have Broadway merchants. use the lot at night? (Mucci: The logistics of putting the new car storage and some of the long-term service vehicles there would make that difficult.) > If this is meant to relieve the congestion on Cadillac Way, would this just be moving the traffic to California Drive? California Drive is narrow with lots of traffic. Concerned with traffic backing up. (Mucci. At peak periods could be faster to tum right onto Califomia Drive and access the dealership via Rollins Road.) > There would be a total of between 10 and 15 vehicles moved to and from the site in a day - does that include both to and from? (Mucci., Yes.) > Is there a flooding problem on the site? (Mucci., Not aware of.) > Will there be a temptation to have For Sale signs on cars? (Mucci: Will not do that.) > Concern of overpass and electrification of Caltrain in future. The lot may need to be used by Caltrain in the future. Has that been taken into consideration, given construction of the fence? (Mucci., Intent is to utilize the lot for 5 years.) Public comment None. Commission discussion: > The concept of having the lot be shared between Rector employees and Broadway patrons sounds interesting. Can the City condition this? (Kane: No. Rector has a lease with its own terms. They may consider that, but we don't know what terms they would be able to offer. It would in effect be a sublet back to the City or a merchant group. They can consider it but it cannot be required since it would be changing the terms of a lease that they have with third parties. That cannot be done through a CUP.) > Sharing the lot would only work if there was not a fence. > Shared use proposal sounds reasonable, and understands parking on Broadway can be challenging, but even when it's busy never thinks of parking in Lot T, even during day. Would be even worse at night. > In 5 years can decide whether lot would be needed for other purposes. > There had been discussions of valet parking for Broadway Thought the lot could be used for that at night. Caltrain lot could also be used for this purpose. > No evidence that there is demand for this lot for parking besides what is in this application. > Broadway parking needs to be considered holistically, not piecemeal. > Concemed about traffic, but vehicles could not be moved between 7-9 am and 4-7 pm as a condition to mitigate potential traffic impacts. > How to enforce conditions of CUP if there is violation? (Kane: If any holder of a CUP violates its conditions the CUP may be revoked.) > Would restrictions on hours not work for employee parking? Chair Bandrapalli reopened the public hearing. ww or cunmgame Page 7 Printed on 3/25/2015 Planning Commission Meeting Minutes February 23, 2015 > Would employees park in the lot or would it just be inventory? (Mucci: A combination. New car inventory would probably only be moved once per week.) > Would the hours in the Conditions of Approval work for employee parking? (Mucci: Some shifts start as late as 11 am. Most employees will be there before 7 since the facility opens at 7.'30.) > Could set the hours at 730-9:30 to accommodate employees but still control for traffic. > Could 5 spaces be allocated for other businesses? (Mucci: Yes, provided it does not infringe on insurance liability.) Chair Bandrapalli closed the public hearing. Commissioner Sargent moved to approve the application with the conditions in the staff report. The motion was seconded by Commissioner Loftis. Commission discussion: > If approved, there is no motivation to investigate anything further. Wants more investigation, or changing of timing to accommodate employees. (Kane: Other Caltrain lots are not on the table as an alternate location. Cannot impose terms that would be contrary to the leases in place.) > Is envisioning solutions to a problem that does not currently exist. CUP is for 5 years, if conditions change can be revisited at that time. > Concerned with traffic congestion and safety. > Anticipated to only have 10-15 cars being moved per day. Traffic will be higher if it is a public parking lot. > Does not see proposed use is injurious to properties or uses in the vicinity. Is in keeping with the use, and is a lot the City does not control. > if congestion is the concern, this proposal will limit congestion more than anything else that has been discussed in relation to this lot. > Amend Condition #4 to restrict moving cars between 730-9:30 am to allow potential for employees to utilize the lot. Chair Bandrapalli called for a vote on the motion. A voice vote was taken, indicating a 4-2-0-1 vote in favor of the application. Chair Bandrapalli took a roll call vote on the motion, Through the roll call vote, the motion failed by the following vote: Sargent— Aye Yie — Aye Lofrfs — Aye Bandrapalli — Nay DeMar#ni — Nay Gum — Nay (Kane: A commissioner changed his vote between the voice vote and roll call. The motion fails, but it is unusual for a commissioner to change his vote in this manner. Would require research to determine validity of the final roll -call vote.) Commission discussion: > Concerned employees would be parking in the lot during the restricted hours. > If employees parked in this lot, inventory could be where employees currently park, closer to City or Burlingame Page 8 Printed on 3/25/2015 Planning Commission Meeting Minutes February 23, 2015 showroom. > Applicant did not request to use this lot for employees. Commission should not be trying to determine what the applicant wants. > There will be more traffic if employees use the lot rather than inventory. > Concern over impacts on the neighborhood and the neighboring businesses. > Sharing the lot between employees and Broadway businesses would address community needs and also serve the needs of the business, but would create congestion. > (Kane: The lot is not available for the public. It has been leased to a private party. Commission needs to decide whether the use as proposed can meet the findings of a CUP. The lot would not revert to the City if the CUP is not approved without the termination of existing leases) > The lease is held by Rector, but they could possibly be sublet to Broadway merchants. (Kane: Commission cannot require an agreement between the applicant and another party, or require changes to lease terms. If the use pattern were substantially changed might need to come back to the Planning Commission for amendment.) Commissioner Loftis made a motion to approve the application with the amended conditions that the use would be for vehicle storage only, with no intensification of use or employee parking, and no more than 15 vehicle movements per day. Commission discussion: > Definition of vehicle storage? Does that include employee parking? (Gardiner. Typically the nature of vehicles is not differentiated. Vehicle storage refers to vehicles being parked in a parking lot. The application is to store vehicles, with conditions of when those vehicles could move in and out of the lot.) (Kane: The impacts on the neighborhood are related to the numbers of trips and times of trips, not who is driving the vehicle.) > Would still like to see some shared use of the lot. Commissioner Loffis withdrew his motion. A condition that the parking lot be shared cannot be imposed by the Commission. Commission discussion: > Could stipulate that vehicles not utilize the Broadway/California Drive intersection, and instead go around the block. (Gardiner: The 7-9 am and 47 pm condition is a standard peak hour definition that has been applied to other projects as well. It would be difficult to enforce turning movements or who is driving the vehicles, but the time restrictions would be easier to enforce and are related to peak traffic.) > Unclear whether item can be continued. (Ordinarily when a vote is taken, it is the action. The irregularity here is that a roll -call was called immediately after the voice vote and one of the votes changed, so it is unclear which is the effective vote. Item may be held until a formal legal opinion can be issued.) Commissioner Sargent moved that the item be held until a formal legal opinion can be rendered. The motion was seconded by Commissioner Bandrapalli. Commissioner Sargent made a motion, seconded by Chair Bandrapalli, to hold the item until a formal legal opinion can be rendered. The motion carried by the following vote: Aye: B - Bandrapalli, DeMartini, Yie, Loftis, Sargent, and Gum Absent: 1 - Terrones 9. DESIGN REVIE1111 SAWDY a. 712 Lexington Way, zoned Ion for Design Review, Special or declining I e, Side Setback Variance and Parkin s for first and .ssss City ofeudingame Page 9 Prinfed on 3/252015 OFFICE OF THE CITY ATTORNEY To: Cc: From: Re: Date: IM The City of Burlingame CITY HALL -501 PRIMROSE ROAD BURLINGAME, CALIFORNIA 9 401 0-399 7 Memorandum Planning Commission City Council, Staff Kathleen Kane TEL: (650) 558-7204 FAX: (650) 342-8386 Request for Legal Opinion Re: Vote Change Between Voice Vote and Roll Call March 5, 2015 At its last regular meeting, on February 23, 2015, the Planning Commission requested a legal opinion on a question of procedure. This memorandum has been prepared in response to that request. Procedural Issue: An item was heard (continued from the previous meeting) regarding a request for a Conditional Use Permit, which would authorize use of a former City parking lot as a private car storage and employee parking area under leases secured by the applicant. After considerable discussion, a motion was made to approve the CUP, with minor modifications. The Chair called for a vote, which was 4-2 in favor of the motion. The Chair then called for a roll call vote, and one Commissioner changed his vote from yes to no. When asked, he confirmed that he had in fact changed his vote between the two polls. With that second vote tally, the motion was defeated for lack of a majority. After additional discussion, it appeared that the Commission's deadlock likely continued and no further motion was made, except to secure a legal opinion on the effect of the prior vote. The question now presented is which vote — the voice vote or the roll call — controls. Conclusion: The second, roll call vote controls, and the application is deemed denied. In the interest of preserving due process and providing adequate notice to the public, the appeal and Gall- up period shall run beginning with the Planning Commission meeting at which this report will be presented and for 10 days thereafter. Legal Opinion March 5, 2015 Summary of Research: After a search of case law, Attorney General Opinions, and secondary sources, no dispositive precedent or authority has been identified on this question. Several key principles do emerge from these sources: (1) No governmental body may change its vote after a vote has been announced, except as authorized by adopted rules of procedure controlling motions to reconsider or similar mechanisms; (2) a governmental body has generally broad authority to set its own procedural rules provided that due process is protected; and (3) a vote may not be changed where an individual's property or other interests are directly affected. The City Council and Planning Commission have adopted rules governing conduct of Commission meetings. These recognize the informal nature of the proceedings before the Commission (i.e., formal rules of evidence do not apply). No rules of parliamentary procedure have been adopted Instead, the only guidance as to voting procedure comes from Rule IV.D, which provides: D. Manner of voting. Votes may be taken by voice vote or roll call at the discretion of the Chair. Any Commissioner may request a roll call vote, which shall then be taken. No votes shall be by secret ballot. In this case, a vote was taken by voice vote and roll call. Roll call votes are frequently employed and legitimately used where the tally on a voice vote is uncertain. In this case, a Commissioner acknowledged a deliberate change of vote between the voice vote and roll call. There is some precedent from California courts and Attorney General opinions indicating that an informal vote that affects the property interests of concerned parties (such as an appointee to a council/commission position or property owners benefitted by an ordinance under review) may not be later changed except by a formal motion to reconsider made by a member of the majority or by duly noticed superseding amendments to legislative acts. However, these authorities do not explicitly address the question of when a vote becomes effective and do not directly contradict the discretion provided to the Chair of the Planning Commission by our rules. And, while the reversal at issue here did operate to injure the property interests of the applicant, the closeness in time between the voice and roll call votes and the fact that a final vote had not been declared, mean that no substantial invasion of the applicant's due process rights occurred. In the absence of binding authority to the contrary or a violation of substantive or procedural due process, application of the Planning Commission's rules indicates that the Chair had discretion to call for a roll call vote prior to the time that the initial vote was declared final. Once a vote has been announced, it cannot be retaken without a motion to reconsider and aoorooriate evaluntinn of thA rights of affected parties. City of Burlingame Meeting Minutes Planning Commission BURLINGAME CIN HALL 501 PRIMROSE ROAD BURLINGAME, CA 94010 Monday, March 9, 2015 7:00 PM Council Chambers 1. CALL TO ORDER Chair Bandrapal t called the meeting to order at TOO p.m. 2. ROLL CALL Present 6 - Bandrapalli, DeMartini, Loftis, Sargent, Terrones, and Gum Absent 1 - Yie 3. APPROVAL OF MINUTES a. February 23, 2015 Regular Planning Commission Meeting Approval of the minutes of February 23, 2015 was deferred until the meeting of March 23, 2015. 4. APPROVAL OF AGENDA There were no changes to the agenda. 6. PUBLIC COMMENTS, NON -AGENDA There were no public comments on non -agenda items. 6. CITY ATTORNEY'S REPORT .� a. 1260 California Drive - zoned Unclassified- Application for a Conditional Use Permit for vehicle storage and new fence for Rector Motors at the corner of California Drive and Broadway (E. James Hannay, Rector Motor Car Co., applicant; City and County of San Francisco- Public Utilities Commission and San Mateo County Transportation Authority, property owners) (209 noticed) Staff Contact: Catherine Barber City Attorney Kane summarized the. contents of her memorandum to the Planning Commission of March 5, 2015. She noted that the roll call vote of the Planning Commission regarding 1260 California Drive is the deciding vote. Since the roll call vote was a tied vote, the end result is that the motion failed and the project is considered denied by the Planning Commission. The appeal period regarding the Commission's action commences immediately and runs for a period of ten calendar days until 5 p.m. on Thursday, March 19, 2015. A member of the City Council may also choose to call the item up for consideration by the full City Council within that same time period. Council Member Brownfigg has already -informed the City Attorney that he will call up the item for City Council consideration. The item will be considered by the City Council on April 6, 2015. 7. STUDY ITEMS Ctry of a0rlinganne Page 1 Printed on 312512015 AGENDA ITEM NO: 9b BURLINGAME STAFF REPORT MEETING DATE: April 6, 2015 To: Honorable Mayor and City Council Date: April 6, 2015 From: Carol Augustine, Finance Director (650) 558-7222 Subject Public Hearing and Resolution of the City Council of the City of Burlingame Adjusting the Storm Drainage Fee for Fiscal Year 2015-16 By 2.0% Based On the CPI for the San Francisco -Oakland -San Jose, CA Area as Published March 24, 2015 RECOMMENDATION Staff recommends that the City Council hold a public hearing on the proposed CPI increase of 2.0% for the annual storm drainage fee, and, following the public hearing, adopt the attached resolution. BACKGROUND The City of Burlingame Ordinance (as approved by the voters) determines the methodology for adjusting the annual storm drainage fee. The ordinance language is as follows: 4.30.030 Setting the fee. (a) Commencing with fiscal year 2010-2011, the city council, following a public hearing, shall determine the storm drainage fee. In no event shall the square footage rate for impervious area be increased beyond that rate approved by a majority vote of the property owners subject to the storm drainage fee without further approval by a majority vote of the property owners subject to the storm drainage fee; provided, however, that, without approval by a majority vote of the property owners subject to the storm drainage fee the maximum per square foot rate for impervious area, commencing fiscal year 2010-2011 may be increased by an amount equal to the change in the Consumer Price Index for all Urban Consumers for the area including San Mateo County (the "CPI"), including all items as published by the U.S. Bureau of Labor Statistics as of March list of each year, not to exceed a maximum increase of two (2) percent per year. (b) The storm drainage fee shall not be deemed to be increased in the event the actual fee upon a parcel in any given year is higher due to an increase in the amount of the impervious area of the subject parcel. (c) In any year in which the city council does not change the rate per square foot of impervious area, the previously adopted fee shall continue in full force and effect for the next 1 Storm Drainage Fee Adjustment April 6 2015 fiscal year. Property owners whose storm drainage is increased/decreased as a result a change in impervious area have appeal rights under Section 4.30.050. (d) The city council shall not be required to enact an inflation increase in each year but may accumulate the inflationary increases and enact the cumulative amount. (Ord. 1836 § 2,(2009)) DISCUSSION U.S. Bureau of Labor Statistics (wA .bIs.4ov) data for the San Francisco -Oakland -San Jose, CA metropolitan area is published bimonthly in even -numbered months: February, April, June, August, October and December. The report published by the Bureau of Labor Statistics as of March 24, 2015 was the CPI report for February 2015, which indicated a CPI increase of 2.5%. The ordinance caps the annual increase at 2.0%. Last year's adjustment (for FY 2014-15) of 2.0% was based on the February 2014 CPI of 2.4%. FISCAL IMPACT The increase of 2.0% in the storm drainage fee raises the rate charged per square foot of impervious area from 4.606 cents to 4.698 cents effective July 1, 2015. The increase is estimated to produce an additional $52,735, for estimated revenue of $2,689,539 in fiscal year 2015-16. The additional revenue will be included in the new City budget. CITY OF BURLINGAME, CA ADJUSTMENTS TO STORM DRAINAGE FEE Fiscal Increase Rate Per Year CPI Amount Square Ft. FY 09-10 WA WA $ 0.04192 FY 10-11 2.0% $ 0.00084 $ 0.04276 FY 11-12 1.5% $ 0.00064 $ 0.04340 FY 12-13 2.0% $ 0.00087 $ 0.04427 FY 13-14 2.0% $ 0.00089 $ 0.04516 FY 14-15 2.0% $ 0.00090 $ 0.04606 FY 15-16 2.0% $ 0.00092 $ 0.04698 Exhibits: • Resolution of the City of Burlingame Levying a Storm Drainage Fee on all Parcels in the City of Burlingame for Fiscal Year 2015-16 and Directing that a List of the Storm Drainage Fees For Burlingame Parcels be Provided to the County of San Mateo for Placement on the 2015-16 Tax Bills • U.S. Department of Labor, Bureau of Labor Statistics, Western Information Office, and Consumer Price Index for the San Francisco -Oakland -San Jose, All Urban Consumer, February 2015 (dated March 24, 2015). 2 RESOLUTION NO. RESOLUTION OF THE CITY OF BURLINGAME LEVYING A STORM DRAINAGE FEE ON ALL PARCELS IN THE CITY OF BURLINGAME FOR FISCAL YEAR 2015- 16 AND DIRECTING THAT A LIST OF THE STORM DRAINAGE FEES FOR BURLINGAME PARCELS BE PROVIDED TO THE COUNTY OF SAN MATEO FOR PLACEMENT ON THE 2015-16 TAX BILLS RESOLVED, by the CITY COUNCIL OF THE CITY OF BURLINGAME that: WHEREAS, pursuant to, and in accordance with the provisions of, Article XIIID of the California Constitution (Proposition 218) the City of Burlingame held a mail ballot election on May 5, 2009 to consider the enactment of an annual storm drainage fee; and WHEREAS, the City Clerk certified the results to the City Council, the City Council declared the storm drainage fee to be approved and the City Council levied the storm drainage fee on all parcels in Burlingame for fiscal year 2009-2010; and WHEREAS, pursuant to section 4.30.030 of the Burlingame Municipal Code, the City Council is required each fiscal year to determine the storm drainage fee for parcels in the City, not to exceed the fee rate established by the electorate; and WHEREAS, pursuant to the authority granted by the electorate in the May 2009 election, the City Council may increase the storm drainage fee each fiscal year by the annual CPI index for all urban consumers, San Francisco region, but not to exceed 2%; and WHEREAS, pursuant to Section 4.30.060 of the Burlingame Municipal Code the storm drainage fee is to be collected through the County tax bills; NOW, THEREFORE, IT IS HEREBY DETERMINED and ORDERED that: 1. Pursuant to Chapter 4.30 of the Burlingame Municipal Code, the City Council determines that the storm drainage fee for all parcels in the City of Burlingame for fiscal year 2015-2016 shall be the same rate as fiscal year 2014-15, or $0.04606 plus an increase of 2.00% for the annual CPI adjustment, for a total rate of $0.04698. 2. The City Manager, the Finance Director or designee, shall provide to the County of San Mateo a list of storm drainage fees for all Burlingame parcels for fiscal year 2015-16, for collection through the property tax bills. For those properties whose fees have been modified pursuant to the appeal provisions of Chapter 4.30 prior to providing the County the list of properties and fees, the approved modified fee shall be provided to the County and shall be certified as correct by the Director of Public Works. 3. The City Manager is authorized to execute such documents as may be required by the County of San Mateo to place the storm drainage fee on the tax bills 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 6h day of April, 2015, by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: Mary Ellen Kearney, City Clerk Z W N N N m M V m Q Oi m P P P m N m N= N 66 O n m P m J N N N M tMI n P m M N N N N N N N Z Z W M O W m W W O M N N N N N N N W m N r m r m W W . P P O MW . WO m N m M N M r � N m W 0 m N SO M m h N N N N N N N N ~ W Y1 N N P, A M M M N O W O0 N h. IA M P f0 O 1n r A o� M W m h N M f0 M1 M m W Ol 0 0 � <O m b N t0 P N N N M P P It) N N N N N N N a W a O Z C9 fO N (O N r O N M r O r N r a- P m O N P d Q` <O IO m W W W W. 0 0 P m W m O M � 41 Z c0 N N N N N N N 3� y c W 6 d o p � � U Q to O O O M Om . 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N U N N N W N m W.m N M O in N N N M V P C N N N N N N N O � Q W O � M M � d r WW W W o 0 0 0 0 0 0 0 0 0 W W m W rn o o a o 0 0 0 0 0 0 0 0 0 0 0 P N N m P m M N O N M r r P m r N C1 N m O O N W m r A N M M A A N fD y' A N O N It) N V r' N O P 0 O Ip In W N 10 r 01 Y a d m W m r V1 V O O m m M 1p r OI N N m N O a O N d � L M N m N ao O r QN N N � V c U N a P m Cy N m m N 10 W N m N � f` O P P Yl W W W O o 0 0 0 0 0 o a o W W W O YJ O O O O O O O O O O O 6 O O a STAFF REPORT To: Honorable Mayor and City Council Date: April 6, 2015 From: Kathleen Kane, City Attorney — (650) 558-7204 AGENDA NO: 9C MEETING DATE: April 6, 2015 Subject: Introduction and Adoption of an Urgency Ordinance Governing Wireless Facility Modifications Under 47 U.S.C. § 1455 RECOMMENDATION Staff recommends that the City Council consider adoption of an urgency ordinance governing wireless facility modifications under 47 U.S.C. § 1455. In order to do so, the Council should: • Receive the staff report and ask any clarifying questions. • Ask the Clerk to read the title of the proposed ordinance. • By motion, waive further reading and introduce the ordinance. • Hold a public hearing • Discuss the ordinance and determine whether to adopt it. • By motion, approve the urgency ordinance. This motion would require 4 affirmative votes. BACKGROUND Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 (codified at 47 U.S.C. § 1455) restricted the regulatory authority that local jurisdictions may exercise over modifications to existing wireless facilities. The Federal Communications Commission has issued regulations implementing those provisions and further elaborating the restrictions on local jurisdictions. Together, the federal act and the implementing regulations mean that local jurisdictions must, in most cases, approve modifications to existing facilities, provided that the modifications do not expand the facilities' physical footprint by more than 20 feet on private property and 10 feet in the public right of way. Up to four additional cabinet structures are allowed as of right, and modifications to the ground area within the footprint of the facility are likewise allowed. The federal actions expand the definitions of "wireless facility' and "modification," such that a broader array of proposed projects may fall under these provisions. A local jurisdiction may still deny modification applications in limited circumstances, such as when the proposed modification would injure an environmentally sensitive habitat. Additionally, lease terms that limit the space that may be occupied by a wireless facility would still operate to limit the kind of expansions permitted under the new federal standards. 1 Wireless Urgency Ordinance April 6, 2015 Burlingame has a wireless ordinance that was carefully reviewed and revised in the wake of recent experience with the proposed ExteNet wireless project. Some of the provisions of that ordinance are now preempted by the recent federal actions. In particular, the FCC action creates a 60 -day "shot clock" for modification applications under Section 6409, after which the application will be deemed approved. This restriction is inconsistent with Burlingame's existing provisions for discretionary review by the Planning Commission. Additional constraints on the City's processing of such applications include that the shot clock pauses but does not restart with a determination that the application is incomplete and that the City only has one opportunity to identify lacking information in the application. Burlingame believes that the FCC's action exceeds both its proper regulatory authority and the scope of the original federal legislation. Therefore, the City has decided to join in support of litigation challenging the FCC's recent actions. However, the original legislation and the recent regulatory action remain in effect until such time as litigation may clarify the acceptable scope of limitations on local jurisdictions. The City is bound to follow federal law as it currently exists, and the purpose of the proposed attached ordinance is to clarify the City's intent to do so. It provides a narrow carve -out from our existing ordinance for modification applications under Section 6409, permitting the City to comply with the federal mandates and exercise the maximum control possible under that scheme. DISCUSSION Cities are empowered to enact temporary urgency ordinances as an extension of their powers to regulate land use. See California Government Code § 65858. Such ordinances may prohibit "any uses that may be in conflict with a contemplated ... zoning proposal that the legislative body, planning commission, or planning department is considering or studying or intends to study within a reasonable time." Id. The initial urgency moratorium requires a four-fifths vote of the legislative body and shall be in effect for 45 days, which may be extended following additional notice and hearing. The maximum extension possible under the statute is 22 months. In the case of applications for modifications of existing wireless facilities under Section 6409, the City is obligated to comply with federal law as it currently exists. The purpose of the proposed urgency ordinance is to allow the City to comply with such requirements during the pendency of litigation challenging them and to allow an opportunity for permanent revision of the wireless ordinance once the final parameters of the federal scheme have been determined. Should the Council adopt the attached urgency moratorium, the City Attorney will return with a report addressing the measures taken to alleviate the conditions identified as creating the need for the moratorium, per Government Code § 65858(d). FISCAL IMPACT None. Exhibit: Proposed Urgency Ordinance 2 ORDINANCE NO. AN INTERIM ORDINANCE OF THE CITY OF BURLINGAME GOVERNING WIRELESS FACILITY MODIFICATIONS UNDER 47 U.S.C. § 1455 WHEREAS Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 (codified at 47 U.S.C. § 1455) restricted the regulatory authority that local jurisdictions may exercise over modifications to existing wireless facilities; and WHEREAS the Federal Communications Commission has issued regulations implementing those provisions and further elaborating the restrictions on local jurisdictions; and WHEREAS some of the City of Burlingame's existing wireless ordinance provisions have been preempted by these federal actions; and WHEREAS the City of Burlingame has decided to support a challenge to the recent action by the Federal Communications Commission; and WHEREAS the City of Burlingame nonetheless intends to comply with existing federal mandates until such time as they may be clarified through such litigation or other action; and WHEREAS the City of Burlingame needs time to re-evaluate its existing wireless ordinance in light of the federal actions as they may be modified; and NOW, THEREFORE, the City Council of the City of Burlingame does hereby find and declare as follows: Section 1: Council Findings A. The City Council finds and declares that the public health, safety, and welfare, requires that the City enact a temporary ordinance bringing its existing regulations in line with recent federal actions restricting local authority over applications for modification of existing wireless facilities and that without the adoption of this interim urgency ordinance, the City Council will not have sufficient time and ability to study the new federal scheme and enact effective implementing regulations. B. The City Council finds that the current Chapter 25.77 of the Burlingame Municipal Code must be amended to reflect recent changes in federal law and regulations governing local control over wireless facility modifications. C. This urgency moratorium is necessary at this time in order to evaluate appropriate regulatory approaches under recent Federal actions to alter the authority of local jurisdictions regarding wireless facility modifications. Section 2: Interim Ordinance Provisions. In accordance with the authority granted to the City by California Government Code Section 65858, and pursuant to the findings stated herein, from and after the date of this ordinance, the Municipal Code of the City of Burlingame shall be amended by adding a section 25.77.168, as follows: 25.77.168 Wireless Facility Modification under 47 U.S.C. § 1455. (a) Notwithstanding anything contrary in this chapter, any applicant for a permit required by section 25.77.050 who believes that its application qualifies under § 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 (codified at 47 U.S.C. § 1455) as implemented by 47 C.F.R. 1.40001 shall expressly request approval under this section when submitting its initial application and shall provide the City with such evidence as reasonably required by the City to demonstrate that its application qualifies for submittal under this section. Upon application submittal, the Community Development Director shall review the application to determine if it qualifies for submittal hereunder. The Community Development Director may require additional information from the applicant as necessary to make this determination. No applicant requesting approval under this section shall be required to include the information required under section 25.77.060(a)(6) with its initial application but the applicant may be required to provide this information to complete its application if the Community Development Director determines that the application does not qualify for submittal under this section and the section under which the application does qualify requires such information to be submitted. (b) If the Community Development Director determines that an application qualifies under subsection (a), the Community Development Director shall process the application in a similar manner as an application for an administrative use permit under this chapter. If the application is approved, the Community Development Director shall issue an administrative use permit that indicates that the permit is granted pursuant to this section. Moreover, except as expressly prohibited by federal law, the administrative use permit shall be conditioned on compliance with all provisions of this chapter and other lawfully imposed conditions of approval. (c) This section shall be interpreted narrowly to preserve City discretion over wireless communication facilities to the fullest extent permitted by applicable federal law. This section does not and shall not be construed to grant any rights beyond those granted by 47 U.S.C. § 1455 as implemented by 47 C.F.R. 1.40001, including subsequent changes adopted, enacted or imposed by the Federal Communications Commission, federal legislation and case law. Section 3. The City Council hereby finds and determines that this interim urgency ordinance is necessary as an emergency measure pursuant to Government Code Section 65858 for preserving the public health, safety, and welfare of the citizens of the City of Burlingame. Section 4. This interim urgency ordinance shall take immediate effect upon adoption by four-fifths vote of the City Council. The interim urgency ordinance shall continue in force and effect for forty-five days from the date of its adoption and shall thereafter be of no force and effect unless, after notice pursuant to Government Code Section 65090 and a public hearing, the City Council extends this urgency ordinance. Section 5. The City Attorney shall review and consider options for the regulation of massage establishments in the City and provide to the City Council a report describing the measures that the City has taken to address the conditions which led to the adoption of this interim urgency ordinance. Section 6. The City Clerk shall publish this urgency ordinance in the manner required by law. Section 7. 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. TERRY NAGEL, Mayor [Certification on next page] I, MARY ELLEN KEARNEY, City Clerk of the City of Burlingame, do hereby certify that the foregoing ordinance was introduced and adopted 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 BUR STAFF REPORT AGENDANO: 10a MEETING DATE: April 6, 2015 To: Honorable Mayor and City Council Date: April 6, 2015 From: Ana Maria Silva, Executive Assistant — (650) 558-7204 Subject: Consideration of Appointment to the Planning Commission RECOMMENDATION Staff recommends the City Council consideration making an appointment to fill one vacancy on the Planning Commission or take other action. BACKGROUND The Planning Commission vacancy is due to one expired term. The vacancy was publicized, and notification letters were sent to past Commission applicants. Three applications were received as of the deadline of March 17, 2015. The following three applicants were interviewed by the City Council on March 30, 2015: Peter Comaroto, Eric Storey and Michael Gaul. The appointee's term will be for four years, ending April 7, 2019. 1 OFFICIAL BALLOT APPOINTMENT TO PLANNING COMMISSION (Four year term, ending April 2017) APRIL 6, 2015 Vote for no more than one (1) PETER COMAROTO MICHAEL GAUL ERIC STOREY Councilmember Signature OFFICIAL BALLOT APPOINTMENT TO PLANNING COMMISSION (Four year term, ending April 2017) APRIL 6, 2015 Vote for no more than one (1) PETER COMAROTO MICHAEL GAUL ERIC STOREY LI, Councilmember Signature / OFFICIAL BALLOT APPOINTMENT TO PLANNING COMMISSION (Four year term, ending April 2017) APRIL 6, 2015 PETER COMAROTO MICHAEL GAUL ERIC STOREY Councilmember Signature Vote for no more than one (1) / kQ OFFICIAL BALLOT APPOINTMENT TO PLANNING COMMISSION (Four year term, ending April 2017) APRIL 6, 2015 Vote for no more than one (1) PETER COMAROTO MICHAEL GAUL ERIC STOREY Councilmember Signature I v OFFICIAL BALLOT APPOINTMENT TO PLANNING COMMISSION (Four year term, ending April 2017) APRIL 6, 2015 Vote for no more than one (1) PETER COMAROTO MICHAEL GAUL ERIC STOREY Councilmember Signature SAGENDANO: 10b STAFF REPORT MEETING DATE: April 6, 2015 To: Honorable Mayor and City Council Date: April 6, 2015 From: Sigalle Michael, Sustainability Coordinator, 650-558-7261 Subject: Adoption of Resolutions Authorizing the Inclusion of Properties within the City's Jurisdiction in the California HERO Program, Figtree PACE Program, and CSCDA Open PACE Proqram RECOMMENDATION Staff recommends that the City Council adopt the three attached resolutions authorizing the City's participation in the HERO, Figtree, and CSCDA Open PACE programs: a. Resolution authorizing the inclusion of all properties within the City of Burlingame's jurisdiction in the HERO PACE program of the Western Riverside Council of Governments (WRCOG); and membership agreement approving Burlingame as an associate member of WRCOG Joint Power Agreement to permit HERO Program services within Burlingame. b. Resolution approving the City of Burlingame associate membership in the California Enterprise Development Authority (CEDA); and authorizing the City to join the Figtree PACE program of the CEDA. c. Resolution authorizing the inclusion of all properties within the City of Burlingame's jurisdiction in the California Statewide Communities Development Authority (CSCDA) Open PACE program. BACKGROUND Property Assessed Clean Energy (PACE) financing programs were authorized by the passage of Assembly Bill (AB) 811 in 2008 and AB 474 in 2009. These bills authorize a legislative body to designate an area within which public officials and property owners may enter into voluntary contractual assessments to finance renewable energy sources, energy efficiency, seismic retrofits, electric vehicle charging infrastructure and water conservation improvements that are permanently fixed to a property. Repayment is made as part of the owner's annual property tax payment, with flexible repayment terms ranging from five to 20 years. Payments may also be passed to a new property owner if the property is sold before the PACE financing is paid in full. Renewable energy and energy efficiency improvement projects are often associated with high upfront costs. PACE programs provide an innovative financing solution that spreads the cost of projects over many years, making such projects possible for property owners. PACE programs 1 PACE Programs April 6, 2014 may encourage property owners to implement renewable energy and energy efficient projects that will reduce greenhouse gas emissions and support the City's sustainability goals. In February 2010, the City of Burlingame adopted a resolution to join the CaliforniaFIRST PACE program, which is sponsored by CSCDA. Unfortunately, the CaliforniaFIRST program was suspended shortly thereafter as a result of concerns raised by the Federal Housing Finance Agency (FHFA). FHFA feared that the program added risk to mortgage lenders. In the event of a default, borrowers could be required to pay PACE lenders prior to repaying their original lenders due to the senior loan status permitted by California law to PACE transactions. Recent state legislation created a $10 million PACE Loss Reserve Program to backstop any potential defaults. As a result, the CaliforniaFIRST residential program was re -launched in August 2014. Since the City joined CaliforiaFIRST in 2010, additional PACE programs have entered the market. PACE programs are non-exclusive, which means that multiple PACE programs are allowed to operate in a city. Currently, CaliforniaFIRST is the only PACE program allowed in the City of Burlingame. The inclusion of competing programs would provide greater options and potentially greater benefits to property owners. This staff report recommends that the City allow three additional PACE programs to work in the city: Hero, Figtree, and CSCDA Open PACE. DISCUSSION The HERO, Figtree, and CSCDA Open PACE programs offer property owners the opportunity to finance renewable energy, energy and water efficiency improvements, and electric vehicle charging infrastructure on their property. In addition, Figtree and CSCDA Open PACE allow for seismic retrofit financing on properties. Adoption of the attached resolutions would. allow these programs to operate within Burlingame, and would broaden the PACE program options available to property owners in the city. In addition, participating in these programs would support the City's recent agreement to participate in the Peninsula SunShares Residential Solar Bulk Procurement Program coordinated by the City of Foster City and approved by Burlingame in November 2014. Implementation of financing programs may encourage property owners to participate in the SunShares program. The Peninsula SunShares program will launch in April of this year. PACE financing for qualified projects is obtained by the issuance of bonds by the governing authority. HERO is associated with the Western Riverside Council of Governments (WRCOG). Figtree has a joint power authority (JPA) partner with the California Enterprise Development Authority (CEDA). To opt -in to HERO and Figtree, the City must authorize membership into each respective governing authority. CSCDA Open PACE is associated with CSCDA, which is a joint powers authority sponsored by the California State Association of Counties and the League of California Cities. The City is already a member of CSCDA. Recently, CSCDA Open PACE prequalified two companies to manage its Open PACE program in order to offer members turnkey PACE solutions that provide residential and commercial property owners the choice among prequalified PACE financing providers, creating competition on terms, service, and rates. The prequalified administrators are AllianceNRG and Renewable Funding LLC (which administers the CaliforniaFIRST program). The 2 PACE Programs April 6, 2014 CSCDA Open PACE resolution provides access to all pre -qualified companies, so that if CSCDA pre -qualifies additional companies in the future, the City will not need to pass additional resolutions to approve these companies. Issued bonds are secured by a voluntary contractual assessment levied on the participating property owner's property with no recourse to the local government. Each jurisdiction must authorize each PACE program to operate within its borders in order for the programs to issue bonds and place levies against properties on behalf of property owner borrowers. To ensure that all program elements meet the intent of the program, programs undertake judicial validation proceedings to verify that the programs are in compliance with all required protocols and notifications. Figtree and CSCDA Open PACE have achieved a statewide judicial validation. HERO would undertake validation following adoption of the attached resolution. Figtree and HERO will provide indemnification to the City for its participation. There are currently over 100 California cities and counties participating in the Figtree, HERO, and CSCDA Open PACE programs. HERO has mainly provided financing to residential customers and is beginning to offer commercial loans as well. Figtree has generally worked with commercial customers, but is entering the residential market. CSCDA Open PACE offers residential and commercial financing. The minimum loan principal for a PACE loan is $5,000; the maximum is 20 percent of a property's value. Interest rates vary but are currently in the 5 to 7 percent range. The City of Burlingame is required to take action to allow these programs to operate within the City. However, there is no cost or risk to the City to participate since any debt is taken on by individual property owners who opt in to the program. Participation in the program is completely voluntary and property owners agree to repay the amount borrowed through a voluntary contractual assessment with the PACE program administrator. Payments are collected together with property taxes. Property owners can choose to pay off an assessment at any time, but may be subject to prepayment penalties. FISCAL IMPACT No fiscal impact. Exhibits: • Resolution for the HERO PACE program • Resolution for the Figtree PACE Financing Program • Resolution for CSCDA Open PACE program • HERO FAQ 3 RESOLUTION NO. RESOLUTION OF CITY COUNCIL OF THE CITY OF BURLINGAME CONSENTING TO THE INCLUSION OF PROPERTIES WITHIN THE TERRITORY OF THE CITY IN THE CSCDA OPEN PACE PROGRAMS; AUTHORIZING THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY TO ACCEPT APPLICATIONS FROM PROPERTY OWNERS, CONDUCT CONTRACTUAL ASSESSMENT PROCEEDINGS AND LEVY CONTRACTUAL ASSESSMENTS WITHIN THE TERRITORY OF THE CITY; AND AUTHORIZING RELATED ACTIONS WHEREAS, the California Statewide Communities Development Authority (the "Authority") is a joint exercise of powers authority, the members of which include numerous cities and counties in the State of California, including the City of Burlingame;; and WHEREAS, the Authority is implementing Property Assessed Clean Energy (PACE) programs, which it has designated CSCDA Open PACE, consisting of CSCDA Open PACE programs each administered by a separate program administrator (collectively with any successors, assigns, replacements or additions, the "Programs"), to allow the financing or refinancing of renewable energy, energy efficiency, water efficiency and seismic strengthening improvements, electric vehicle charging infrastructure and such other improvements, infrastructure or other work as may be authorized by law from time to time (collectively, the "Improvements") through the levy of contractual assessments pursuant to Chapter 29 of Division 7 of the Streets & Highways Code ("Chapter 29") within counties and cities throughout the State of California that consent to the inclusion of properties within their respective territories in the Programs and the issuance of bonds from time to time; and WHEREAS, the program administrators currently active in administering Programs are AllianceNRG and Renewable Funding LLC, and the Authority will notify the City in advance of any additions or changes; and WHEREAS, Chapter 29 provides that assessments may be levied under its provisions only with the free and willing consent of the owner or owners of each lot or parcel on which an assessment is levied at the time the assessment is levied; and WHEREAS, the City desires to allow the owners of property ("Participating Property Owners") within its territory to participate in the Programs and to allow the Authority to conduct assessment proceedings under Chapter 29 within its territory and to issue bonds to finance or refinance Improvements; and WHEREAS, the territory within which assessments may be levied for the Programs shall include all of the territory within the City's official boundaries; and WHEREAS, the Authority will conduct all assessment proceedings under Chapter 29 for the Programs and issue any bonds issued in connection with the Programs; and WHEREAS, the City will not be responsible for the conduct of any assessment proceedings; the levy of assessments; any required remedial action in the case of delinquencies in such assessment payments; or the issuance, sale or administration of any bonds issued in connection with the Programs; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME RESOLVES AS FOLLOWS: 1. This City Council hereby finds and declares that properties in the territory of the City will benefit from the availability of the Programs within the territory of the City and, pursuant thereto, the conduct of special assessment proceedings by the Authority pursuant to Chapter 29 and the issuance of bonds to finance or refinance Improvements. 2. In connection with the Programs, the City hereby consents to the conduct of special assessment proceedings by the Authority pursuant to Chapter 29 on any property within the territory of the City and the issuance of bonds to finance or refinance Improvements; provided, that (1) The Participating Property Owners, who shall be the legal owners of such property, execute a contract pursuant to Chapter 29 and comply with other applicable provisions of California law in order to accomplish the valid levy of assessments; and (2) The City will not be responsible for the conduct of any assessment proceedings; the levy of assessments; any required remedial action in the case of delinquencies in such assessment payments; or the issuance, sale or administration of any bonds issued in connection with the Programs. The appropriate officials and staff of the City are hereby authorized and directed to make applications for the Programs available to all property owners who wish to finance or refinance Improvements; provided, that the Authority shall be responsible for providing such applications and related materials at its own expense. Staff persons chosen by the City Manager from time to time, are hereby designated as the contact persons for the Authority in connection with the Programs. 4. The appropriate officials and staff of the City are hereby authorized and directed to execute and deliver such certificates, requisitions, agreements and related documents as are reasonably required by the Authority to implement the Programs. 5. The City Council hereby finds that adoption of this Resolution is not a 'project' under the California Environmental Quality Act, because the Resolution does not involve any commitment to a specific project which may result in a potentially significant physical impact on the environment, as contemplated by Title 14, California Code of Regulations, Section 15378(b)(4). 6. This Resolution shall take effect immediately upon its adoption. The City Clerk is hereby authorized and directed to transmit a certified copy of this resolution to the Secretary of the Authority at: Secretary of the Board, California Statewide Communities Development Authority, 1400 K Street, Sacramento, CA 95814. 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 6t' day of April, 2015, and was adopted thereafter by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: Mary Ellen Kearney, City Clerk RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING ASSOCIATE MEMBERSHIP BY THE CITY IN THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY; AUTHORIZING AND DIRECTING THE EXECUTION OF AN ASSOCIATE MEMBERSHIP AGREEMENT RELATING TO ASSOCIATE MEMBERSIP OF THE CITY IN THE AUTHORITY; AUTHORIZING THE CITY TO JOIN THE FIGTREE PROGRAM; AUTHORIZING THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY TO CONDUCT CONTRACTUAL ASSESSMENT PROCEEDINGS AND LEVEY CONTRACTUAL ASSESSMENTS WITHING THE TERRITORY OF THE CITY OF BURLINGAME; AND AUTHORIZING RELATED ACTIONS WHEREAS, the City of Burlingame, California (the "City"), is a municipal corporation, duly organized and existing under the Constitution and the laws of the State of California; and WHEREAS, the City, upon authorization of the City Council, may, pursuant to Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California, commencing with Section 6500 (the "JPA Law"), enter into a joint exercise of powers agreement with one or more other public agencies pursuant to which such contracting parties may jointly exercise any power common to them; and WHEREAS, the City and other public agencies wish to jointly participate in economic development financing programs for the benefit of businesses and nonprofit entities within their jurisdictions offered by membership in the California Enterprise Development Authority (the "Authority") pursuant to an associate membership agreement and Joint Exercise of Powers Agreement Relating to the California Enterprise Development Authority (the "Agreement'); and WHEREAS, under the JPA Law and the Agreement, the Authority is a public entity separate and apart from the parties to the Agreement and the debts, liabilities and obligations of the Authority will not be the debts, liabilities or obligations of the City or the other members of the Authority; and WHEREAS, the form of Associate Membership Agreement (the "Associate Membership Agreement') between the City and the Authority is attached (Exhibit A); and WHEREAS, the City is willing to become an Associate Member of the Authority subject to the provisions of the Associate Membership Agreement. WHEREAS, the California Enterprise Development Authority ("CEDA") is a joint exercise of powers authority, comprised of cities and counties in the State of California, including the City of Burlingame; and WHEREAS, CEDA has adopted the Figtree Property Assessed Clean Energy (PACE) and Job Creation Program (the 'Program" or "Figtree PACE"), to allow the financing of certain renewable energy, energy efficiency, seismic retrofits, electric vehicle charging infrastructure, and water efficiency improvements (the 'Improvements") through the levy of contractual assessments pursuant to Chapter 29 of Division 7 of the Streets & Highways Code ("Chapter 29"), and the issuance of improvement bonds or other evidences of indebtedness (the 'Bonds") under the Improvement Bond Act of 1915 (Streets and Highways Code Sections 8500 et seq.) ("Act') upon the security of the unpaid contractual assessments; and WHEREAS, Chapter 29 provides that assessments may be levied under its provisions only with the free and willing consent of the owner of each lot or parcel on which an assessment is levied at the time the assessment is levied; and WHEREAS, the City desires to participate in Figtree PACE, and to allow CEDA to conduct assessment proceedings under Chapter 29 and to issue Bonds under the 1915 Act to Finance the Improvements; and WHEREAS, CEDA will conduct assessment proceedings under Chapter 29 to establish an assessment district (the "District") and issue Bonds under the 1915 Act to Finance Improvements; and WHEREAS, there has been presented to this meeting a proposed form of Resolution of Intention to be adopted by CEDA in connection with such assessment proceedings (the "ROI"), a copy of which is attached hereto as Exhibit B; and WHEREAS, said ROI sets forth the territory within which assessments may be levied for Figtree PACE which territory shall be coterminous with the City's official boundaries of record at the time of adoption of the ROI (the "Boundaries"); and WHEREAS, pursuant to Chapter 29, the City authorizes CEDA to conduct assessment proceedings, levy assessments, pursue remedies in the event of delinquencies, and issue bonds or other forms of indebtedness to finance the Improvements in connection with Figtree PACE; and WHEREAS, to protect the City in connection with operation of the Figtree PACE Figtree Energy Financing, the program administrator, has agreed to defend and indemnify the City; and WHEREAS, the City will not be responsible for the levy of assessments, any required remedial action in the case of delinquencies, the issuance, sale or administration of the bonds or other indebtedness issued in connection with Figtree PACE. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME RESOLVES AS FOLLOWS: 1. The City Council hereby specifically finds and declares that the actions authorized hereby constitute public affairs of the City. The City Council further finds that the statements, findings and determinations of the City set forth in the preambles above are true and correct. 2. The Associate Membership Agreement presented to this meeting and on file with the City Clerk is hereby approved. The Mayor of the City, the City Manager, the City Clerk and other officials of the City are each hereby authorized and directed, for and on behalf of the City, to execute and deliver the Associate Membership Agreement in substantially said form, with such changes therein as such officer may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof. 3. The officers and officials of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they may deem necessary or advisable in order to consummate, carry out, give effect to and comply with the terms and intent of this resolution and the Associate Membership Agreement. All such actions heretofore taken by such officers and officials are hereby confirmed, ratified and approved. 4. Good Standing. The City is either a municipal corporation or other public body and a member of CEDA in good standing. 5. Public Benefits. On the date hereof, the City Council hereby finds and determines that the Program and issuance of Bonds by CEDA in connection with Figtree PACE will provide significant public benefits, including without limitation, savings in effective interest rates, bond preparation, bond underwriting and bond issuance costs and reductions in effective user charges levied by water and electricity providers within the boundaries of the City. 6. Appointment of CEDA. The City hereby appoints CEDA as its representative to (i) record the assessment against the Participating Parcels, (ii) administer the District in accordance with the Improvement Act of 1915 (Chapter 29 Part 1 of Division 10 of the California Streets and Highways Code (commencing with Section 8500 et seq.) (the "Law"), (iii) prepare program guidelines for the operations of the Program and (iv) proceed with any claims, proceedings or legal actions as shall be necessary to collect past due assessments on the properties within the District in accordance with the Law and Section 6509.6 of the California Government Code. The City is not and will not be deemed to be an agent of Figtree or CEDA as a result of this Resolution. Assessment Proceedings. In connection with Figtree PACE, the City hereby consents to the special assessment proceedings by CEDA pursuant to Chapter 29 on any property within the Boundaries and the issuance of Bonds under the 1915 Act, provided that: (1) Such proceedings are conducted pursuant to one or more Resolutions of Intention in substantially the form of the ROI; (2) The Participating Property Owners, who shall be the legal owners of such property, voluntarily execute a contract pursuant to Chapter 29 and comply with other applicable provisions of California law in order to accomplish the valid levy of assessments; and (3) The City will not be responsible for the conduct of any assessment proceedings, the levy of assessments, any required remedial action in the case of delinquencies in such assessment payments, or the issuance, sale or administration of the Bonds in connection with Figtree PACE. 8. Program Report. The City Council hereby acknowledges that pursuant to the requirements of Chapter 29, CEDA has prepared and will update from time to time the "Program Report" for Figtree PACE (the 'Program Report") and associated documents, and CEDA will undertake assessment proceedings and the financing of Improvements as set forth in the Program Report. 9. Foreclosure. The City Council hereby acknowledges that the Law permits foreclosure in the event that there is a default in the payment of assessments due on a property. The City Council hereby designates CEDA as its representative to proceed with collection and foreclosure of the liens on the defaulting properties within the District, including accelerated foreclosure pursuant to the Program Report. 10. Indemnification. The City Council acknowledges that Figtree has provided the City with an indemnification agreement, as shown in Exhibit B, for negligence or malfeasance of any type as a result of the acts or omissions of Figtree, its officers, employees, subcontractors and agents. The City Council hereby authorizes the appropriate officials and staff of the City to execute and deliver the Indemnification Agreement to Figtree. 11. City Contact Designation. The appropriate officials and staff of the City are hereby authorized and directed to make applications for Figtree PACE available to all property owners who wish to finance Improvements. Staff designated by the City Manager are hereby designated as the contact persons for CEDA in connection with Figtree PACE: 12. CEQA. The City Council hereby finds that adoption of this Resolution is not a "project' under the California Environmental Quality Act ("CEQA"), because the Resolution does not involve any commitment to a specific project which may result in a potentially significant physical impact on the environment, as contemplated by Title 14, California Code of Regulations, Section 15378(b)( 4)). 13. Effective Date. This Resolution shall take effect immediately upon its adoption. The City Clerk is hereby authorized and directed to transmit a certified copy of this resolution to Figtree Energy Financing. 14. Costs. Services related to the formation and administration of the assessment district will be provided by CEDA at no cost to the City. Ferry 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 6t' day of April, 2015, and was adopted thereafter by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: Mary Ellen Kearney, City Clerk EXHIBIT A Associate Membership Agreement ASSOCIATE MEMBERSHIP AGREEMENT by and between the CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY and the CITY OF BURLINGAME CALIFORNIA THIS ASSOCIATE MEMBERSHIP AGREEMENT (this "Associate Membership Agreement'), dated as of March 30`", 2015 by and between CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY (the "Authority") and the CITY OF BURLINGAME CALIFORNIA, a municipal corporation, duly organized and existing under the laws of the State of California (the "City'); WITNESSETH: WHEREAS, the Cities of Selma, Lancaster and Eureka (individually, a "Member" and collectively, the "Members"), have entered into a Joint Powers Agreement, dated as of June 1, 2006 (the "Agreement'), establishing the Authority and prescribing its purposes and powers; and WHEREAS, the Agreement designates the Executive Committee of the Board of Directors and the President of the California Association for Local Economic Development as the initial Board of Directors of the Authority; and WHEREAS, the Authority has been formed for the purpose, among others, to assist for profit and nonprofit corporations and other entities to obtain financing for projects and purposes serving the public interest; and WHEREAS, the Agreement permits any other local agency in the State of California to join the Authority as an associate member (an "Associate Member); and WHEREAS, the City desires to become an Associate Member of the Authority; WHEREAS, City Council of the City has adopted a resolution approving the Associate Membership Agreement and the execution and delivery thereof; WHEREAS, the Board of Directors of the Authority has determined that the City should become an Associate Member of the Authority; NOW, THEREFORE, in consideration of the above premises and of the mutual promises herein contained, the Authority and the City do hereby agree as follows: Section 1. Associate Member Status. The City is hereby made an Associate Member of the Authority for all purposes of the Agreement and the Bylaws of the Authority, the provisions of which are hereby incorporated herein by reference. From and after the date of execution and delivery of this Associate Membership Agreement by the City and the Authority, the City shall be and remain an Associate Member of the Authority. Section 2. Restrictions and Rights of Associate Members. The City shall not have the right, as an Associate Member of the Authority, to vote on any action taken by the Board of Directors or by the Voting Members of the Authority. In addition, no officer, employee or representative of the City shall have any right to become an officer or director of the Authority by virtue of the City being an Associate Member of the Authority. Section 3. Effect of Prior Authority Action . bound by all actions previously taken by the Authority to the same extent as the Members such actions. The City hereby agrees to be subject to and Members and the Board of Directors of the of the Authority are subject to and bound by Section 4. No Obligations of Associate Members. The debts, liabilities and obligations of the Authority shall not be the debts, liabilities and obligations of the City. Section 5. Execution of the Agreemen . Execution of this Associate Membership Agreement and the Agreement shall satisfy the requirements of the Agreement and Article XII of the Bylaws of the Authority for participation by the City in all programs and other undertakings of the Authority. IN WITNESS WHEREOF, the parties hereto have caused this Associate Membership Agreement to be executed and attested by their proper officers thereunto duly authorized, on the day and year first set forth above. CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY Gurbax Sahota, Chair Board of Directors Attest: Michelle Stephens, Asst. Secretary CITY OF BURLINGAME CALIFORNIA M Attest: Mary Ellen Kearney City Clerk Terry Nagel, Mayor City Council EXHIBIT B CEDA Resolution of Intent RESOLUTION OF THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY DECLARING INTENTION TO FINANCE INSTALLATION OF DISTRIBUTED GENERATION RENEWABLE ENERGY SOURCES, ENERGY EFFICIENCY, SEISMIC RETROFITS, ELECTRIC VEHICLE CHARING INFRASTRUCTURE, AND WATER EFFICIENCY IMPROVEMENTS IN THE CITY OF BURLINGAME WHEREAS, the California Enterprise Development Authority ("CEDA") is a joint powers authority authorized and existing pursuant to Joint Powers Act (Government Code Section 6500 et seq.) and that certain Joint Exercise of Powers Agreement (the "Agreement') dated as of June 1, 2006, by and among the cities of Eureka, Lancaster and Selma; and WHEREAS, CEDA is authorized under the Agreement and Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California and in accordance with Chapter 29 of Part 3 of Division 7 of the Streets & Highways Code of the State of California ("Chapter 29") to authorize assessments to finance the installation of distributed generation renewable energy sources, energy efficiency, seismic retrofits, electric vehicle charging infrastructure, and water efficiency improvements that are permanently fixed to real property ("Authorized Improvements"); and WHEREAS, CEDA has obtained authorization from the City of Burlingame (the "City") to enter into contractual assessments for the financing of the installation of Authorized Improvements in the City; and WHEREAS, CEDA desires to declare its intention to establish a Figtree PACE program ("Figtree PACE") in the City, pursuant to which CEDA, subject to certain conditions set forth herein, would enter into contractual assessments to finance the installation of Authorized Improvements in the City. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY, AS FOLLOWS: Section 1. Findings. The Board of Directors hereby finds and determines the following: (a) The above recitals are true and correct and are incorporated herein by this reference. (b) Energy and water conservation efforts, including the promotion of Authorized Improvements to residential, commercial, industrial, or other real property, are necessary to address the issue of global climate change and the reduction of greenhouse gas emissions in the City. (c) The upfront cost of making residential, commercial, industrial, or other real property more energy and water efficient, along with the fact that most commercial loans for that purpose are due on the sale of the property, prevents many property owners from installing Authorized Improvements. (d) A public purpose will be served by establishing a contractual assessment program, to be known as Figtree PACE, pursuant to which CEDA will finance the installation of Authorized Improvements to residential, commercial, industrial, or other real property in the City. Section 2. Determination of Public Interest. The Board of Directors hereby determines that (a) it would be convenient, advantageous, and in the public interest to designate an area, which shall encompass the entire geographic territory within the boundaries of the City, within which CEDA and property owners within the City may enter into contractual assessments to finance the installation of Authorized Improvements pursuant to Chapter 29 and (b) it is in the public interest for CEDA to finance the installation of Authorized Improvements in the City pursuant to Chapter 29. Section 3. Identification of Authorized Improvements. CEDA hereby declares its intention to make contractual assessment financing available to property owners to finance installation of Authorized Improvements, including but not limited to those improvements detailed in the Report described in Section 8 hereof (the "Report'), as that Report may be amended from time to time. Section 4. Identification of Boundaries. Contractual assessments may be entered into by property owners located within the entire geographic territory of the City. Section 5. Proposed Financing Arrangements. Under Chapter 29, CEDA may issue bonds, notes or other forms of indebtedness (the 'Bonds") pursuant to Chapter 29 that are payable by contractual assessments. Division 10 (commencing with Section 8500) of the Streets & Highways Code of the State (the 'Improvement Bond Act of 1915") shall apply to any indebtedness issued pursuant to Chapter 29, insofar as the Improvement Bond Act of 1915 is not in conflict with Chapter 29. The creditworthiness of a property owner to participate in the financing of Authorized Improvements will be based on the criteria developed by Figtree Energy Financing (the "Program Administrator") upon consultation with Figtree PACE Program underwriters or other financial representatives, CEDA general counsel and bond counsel, and as shall be approved by the Board of Directors of CEDA. In connection with indebtedness issued under the Improvement Bond Act of 1915 that are payable from contractual assessments, serial and/or term improvement bonds or other indebtedness shall be issued in such series and shall mature in such principal amounts and at such times (not to exceed 20 years from the second day of September next following their date) and at such rate or rates of interest (not to exceed the maximum rate permitted by applicable law) as shall be determined by the Board of Directors at the time of the issuance and sale of the indebtedness. The provisions of Part 11.1 of the Improvement Bond Act of 1915 shall apply to the calling of the bonds. It is the intention of the Board of Directors to create a special reserve fund for the bonds under Part 16 of the Improvement Bond Act of 1915. Neither CEDA, nor any of its members participating in the Figtree PACE Program, shall advance available surplus funds from its treasury to cure any deficiency in the redemption fund to be created with respect to the indebtedness; provided, however, that this determination shall not prevent CEDA or any of its members from, in their sole discretion, so advancing funds. The Bonds may be refunded under Division 11.5 of the California Streets and Highways Code or other applicable laws permitting refunding, upon the conditions specified by and upon determination of CEDA. CEDA hereby authorizes the Program Administrator, upon consultation with CEDA general counsel, bond counsel and the Figtree PACE underwriter, to commence preparation of documents and take necessary steps to prepare for the issuance of bonds, notes or other forms of indebtedness as authorized by Chapter 29. In connection with the issuance of bonds payable from contractual assessments, CEDA expects to obligate itself, through a covenant with the owners of the bonds, to exercise its foreclosure rights with respect to delinquent contractual assessment installments under specified circumstances. Section 6. Public Hearing. Pursuant to the Act, CEDA hereby orders that a public hearing be held before CEDA Board (the "Board"), at 550 Bercut Drive, Suite G, Sacramento, CA 95811, on at A_, for the purposes of allowing interested persons to object to, or inquire about, the proposed Figtree PACE Program. The public hearing may be continued from time to time as determined by the Board for a time not exceeding a total of 180 days. At the time of the hearing, the Report described in Section 8 hereof shall be summarized, and the Board shall afford all persons who are present an opportunity to comment upon, object to, or present evidence with regard to the proposed Figtree PACE Program, the extent of the area proposed to be included within the boundaries of the assessment district, the terms and conditions of the draft assessment contract described in Section 8 hereof (the "Contract"), or the proposed financing provisions. Following the public hearing, CEDA may adopt a resolution confirming the Report (the "Resolution Confirming Report") or may direct the Report's modification in any respect, or may abandon the proceedings. The Board hereby orders the publication of a notice of public hearing once a week for two successive weeks. Two publications in a newspaper published once a week or more often, with at least five days intervening between the respective publication dates not counting such publication dates are sufficient. The period of notice will commence upon the first day of publication and terminate at the end of the fourteenth day. The first publication shall occur not later than 20 days before the date of the public hearing. Section 7. Notice to Water and Electric Providers. Pursuant to Section 5898.24 of the Streets & Highways Code, written notice of the proposed contractual assessment program within the City to all water and electric providers within the boundaries of the City has been provided. Section 8. Report. The Board hereby directs the Program Administrator to prepare the Report and file said Report with the Board at or before the time of the public hearing described in Section 6 hereof containing all of the following: (a) A map showing the boundaries of the territory within which contractual assessments are proposed to be offered, as set forth in Section 4 hereof. (b) A draft contractual assessment contract (the "Contract") specifying the terms and conditions of the agreement between CEDA and a property owner. (c) A statement of CEDA's policies concerning contractual assessments including all of the following: (1) Identification of types of Authorized Improvements that may be financed through the use of contractual assessments. (2) Identification of the CEDA official authorized to enter into contractual assessments on behalf of CEDA. (3) A maximum aggregate dollar amount of contractual assessments. (4) A method for setting requests from property owners for financing through contractual assessments in priority order in the event that requests appear likely to exceed the authorization amount. (d) A plan for raising a capital amount required to pay for work performed in connection with contractual assessments. The plan may include the sale of a bond or bonds or other financing relationship pursuant to Section 5898.28 of Chapter 29. The plan (i) shall include a statement of, or method for determining, the interest rate and time period during which contracting property owners would pay any assessment, (ii) shall provide for any reserve fund or funds, and (iii) shall provide for the apportionment of all or any portion of the costs incidental to financing, administration and collection of the contractual assessment program among the consenting property owners and CEDA. A report on the results of the discussions with the City Auditor -Controller described in Section 10 hereof, concerning the additional fees, if any, that will be charged to CEDA for inclusion of the proposed contractual assessments on the general property tax roll of the City, and a plan for financing the payment of those fees. Section 9. Nature of Assessments. Assessments levied pursuant to Chapter 29, and the interest and any penalties thereon, will constitute a lien against the lots and parcels of land on which they are made, until they are paid. Unless otherwise directed by CEDA, the assessments shall be collected in the same manner and at the same time as the general taxes of the City on real property are payable, and subject to the same penalties and remedies and lien priorities in the event of delinquency and default. Section 10. Consultations with City Auditor -Controller. CEDA hereby directs the Program Administrator to enter into discussions with the City Auditor -Controller in order to reach agreement on what additional fees, if any, will be charged to CEDA for incorporating the proposed contractual assessments into the assessments of the general taxes of the City on real property. Section 11. Preparation of Current Roll of Assessment. Pursuant to Section 5898.24(c), CEDA hereby designates the Program Administrator as the responsible party for annually preparing the current roll of assessment obligations by assessor's parcel number on property subject to a voluntary contractual assessment. Section 12. Procedures for Responding to Inquiries. The Program Administrator shall establish procedures to promptly respond to inquiries concerning current and future estimated liability for a voluntary contractual assessment. Section 13. Effective Date. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED this day of , 201_ CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY M ATTEST: Michelle Stephens, Secretary Gurbax Sahota, Chair EXHIBIT C Indemnification Agreement INDEMNIFICATION AGREEMENT BY AND BETWEEN THE CITY OF BURLINGAME AND FIGTREE COMPANY, INC. This Indemnification Agreement (the "Agreement") is entered into by and between the City of Burlingame, a municipal corporation or political subdivision, duly organized and existing under the laws of the State of California (the "Public Entity") and Figtree Company, Inc., a California corporation, the administrator of the Figtree Property Assessed Clean Energy and Job Creation Program (the "Administrator'), which is a program of the California Enterprise Development Authority, a California joint exercise of powers authority (the "Authority"). RECITALS WHEREAS, the Authority is a joint exercise of powers authority whose members include the Public Entity in addition to other cities and counties in the State of California; and WHEREAS, the Authority established the Figtree Property Assessed Clean Energy and Job Creation Program (the "Figtree PACE Program') to allow the financing of certain renewable energy, energy efficiency and water efficiency improvements that are permanently affixed to real property through the levy of assessments voluntarily agreed to by the participating property owners pursuant to Chapter 29 of Division 7 of the Streets and Highways Code ("Chapter 29") and the issuance of improvement bonds, or other forms of indebtedness, under the Improvement Bond Act of 1915 upon the security of the unpaid assessments; and WHEREAS, the Authority has conducted or will conduct proceedings required by Chapter 29 with respect to the territory within the boundaries of the Public Entity; and WHEREAS, the legislative body of the Public Entity adopted or will adopt a resolution authorizing the Public Entity to join the Figtree PACE Program; and WHEREAS, the Public Entity will not be responsible for the formation, operation and administration of the Figtree PACE Program as well as the sale and issuance of any bonds or other forms of indebtedness in connection therewith, including the conducting of assessment proceedings, the levy and collection of assessments and any remedial action in the case of such assessment payments, and the offer, sale and administration of any bonds issued by the Authority on behalf of the Figtree PACE Program; and WHEREAS, the Administrator is the administrator of the Figtree PACE Program and agrees to indemnify the Public Entity in connection with the operations of the Figtree PACE Program as set forth herein; NOW, THERFORE, in consideration of the above premises and of the Public Entity's agreement to join the Figtree PACE Program, the parties agree as follows: 1 . Indemnification. Figtree has provided the CEDA with an indemnification for negligence or malfeasance of any type as a result of the acts or omissions of Figtree, its officers, employees, subcontractors and agents, arising from or related to the Figtree PACE Program, the assessments, the assessment districts, the improvements or the financing and marketing thereof. Figtree agrees to defend, indemnify and hold harmless the Public Entity, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all actions, suits, proceedings, claims, demands, losses, costs and expenses, including legal costs and attorneys' fees, for injury or damage due to negligence or malfeasance of any type claims as a result of the acts or omissions of Figtree, except for such loss or damage which was caused by the sole negligence or willful misconduct of the Public Entity. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by Figtree. 2. Amendment/[nteroretation of this Aareement. This Agreement represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. This Agreement shall not be interpreted for or against any party by reason of the fact that such party may have drafted this Agreement or any of its provisions. 3. Section Headings. Section headings in this Agreement are included for convenience of reference only and shall not constitute a part of this Agreement for any other purpose. 4. Waiver. No waiver of any of the provisions of this Agreement shall be binding unless in the form of writing signed by the party against whom enforcement is sought, and no such waiver shall operate as a waiver of any other provisions hereof (whether or not similar), nor shall such waiver constitute a continuing waiver. Except as specifically provided herein, no failure to exercise or any delay in exercising any right or remedy hereunder shall constitute a waiver thereof. 5. Severability and Governina Law. If any provision or portion thereof of this Agreement shall be held by a court of competent jurisdiction to be invalid, void, or otherwise unenforceable, the remaining provisions shall remain enforceable to the fullest extent permitted by law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of California applicable to contracts made and to be performed in California. 6. Notices. All notices, demands and other communications required or permitted hereunder shall be made in writing and shall be deemed to have been duly given if delivered by hand, against receipt, or mailed certified or registered mail and addressed as follows: If to the Administrator If to the Public Entity: Figtree Company, Inc. 9915 Mira Mesa Blvd., Suite 130 San Diego, California 92131 Attn: Chief Executive Officer City of Burlingame 501 Primrose Road Burlingame, CA 94010 7. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, which together shall constitute the same instrument. 8. Effective Date. This Agreement will be effective as of the date of the signature of Public Entity's representative as indicated below in the signature block. IN WITNESS HEREOF, the parties hereto duly executed this Agreement as of the date below. APPROVED AS TO FORM: Kathleen A. Kane, City Attorney City of Burlingame Terry Nagel, Mayor City Council Date: Figtree Company, Inc., a California corp. By Name: Mahesh Shah Title: CEO Date: RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE INCLUSION OF PROPERTIES WITHIN THE CITY IN THE CALIFORNIA HERO PROGRAM TO FINANCE DISTRIBUTED GENERATION RENEWABLE ENERGY SOURCES, ENERGY AND WATER EFFICIENCY IMPROVEMENTS AND ELECTRIC VEHICLE CHARGING INFRASTRUCTURE AND APPROVING THE AMENDMENT TO A CERTAIN JOINT POWERS AGREEMENT RELATED THERETO WHEREAS, the Western Riverside Council of Governments ("Authority') is a joint exercise of powers authority established pursuant to Chapter 5 of Division 7, Title 1 of the Government Code of the State of California (Section 6500 and following) (the "Act') and the Joint Power Agreement entered into on April 1, 1991, as amended from time to time (the "Authority JPA"); and WHEREAS, Authority intends to establish the California HERO Program to provide for the financing of renewable energy distributed generation sources, energy and water efficiency improvements and electric vehicle charging infrastructure (the 'Improvements') pursuant to Chapter 29 of the Improvement Bond Act of 1911, being Division 7 of the California Streets and Highways Code ("Chapter 29") within counties and cities throughout the State of California that elect to participate in such program; and WHEREAS, City of Burlingame is committed to development of renewable energy sources and energy efficiency improvements, reduction of greenhouse gases, protection of the environment, and reversal of climate change; and WHEREAS, in Chapter 29, the Legislature has authorized cities and counties to assist property owners in financing the cost of installing Improvements through a voluntary contractual assessment program; and WHEREAS, the City wishes to provide innovative solutions to its property owners to achieve energy and water efficiency and independence, and in doing so cooperate with Authority in order to efficiently and economically assist property owners the City in financing such Improvements; and WHEREAS, Authority has authority to establish the California HERO Program, which will be such a voluntary contractual assessment program, as permitted by the Act, the Authority JPA, originally made and entered into April 1, 1991, as amended to date, and the Amendment to Joint Powers Agreement Adding the City of Burlingame as an Associate Member of the Western Riverside Council of Governments to Permit the Provision of Property Assessed Clean Energy (PACE) Program Services within the City (the "JPA Amendment'), by and between Authority and the City, a copy of which is attached as Exhibit "A" hereto, to assist property owners within the incorporated area of the City in financing the cost of installing Improvements; and WHEREAS, the City will not be responsible for the conduct of any assessment proceedings; the levy and collection of assessments or any required remedial action in the case of delinquencies in the payment of any assessments or the issuance, sale or administration of any bonds issued in connection with the California HERO Program. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME RESOLVES AS FOLLOWS: 1. The City of Burlingame finds and declares that properties in the City's incorporated area will be benefited by the availability of the California HERO Program to finance the installation of Improvements. 2. This City Council consents to inclusion in the California HERO Program of all of the properties in the incorporated area within the City and to the Improvements, upon the request by and voluntary agreement of owners of such properties, in compliance with the laws, rules and regulations applicable to such program and subject to applicable laws and regulations of the City; and to the assumption of jurisdiction thereover by Authority for the purposes thereof. 3. The consent of this City Council constitutes assent to the assumption of jurisdiction by Authority for all purposes of the California HERO Program and authorizes Authority, upon satisfaction of the conditions imposed in this resolution, to take each and every step required for or suitable for financing the Improvements, including the levying, collecting and enforcement of the contractual assessments to finance the Improvements and the issuance and enforcement of bonds to represent and be secured by such contractual assessments. 4, This City Council hereby approves the JPA Amendment and authorizes the execution thereof by appropriate City officials. 5. City staff is authorized and directed to coordinate with Authority staff to facilitate operation of the California HERO Program within the City, and report back periodically to this City Council on the success of such program. 6. This Resolution shall take effect immediately upon its adoption. The City Clerk is directed to send a certified copy of this resolution to the Secretary of the Authority Executive Committee. 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 6t' day of April, 2015, and was adopted thereafter by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: Mary Ellen Kearney, City Clerk EXHIBIT A AMENDMENT TO THE JOINT POWERS AGREEMENT AMENDMENT TO THE JOINT POWERS AGREEMENT ADDING CITY OF BURLINGAME AS AS AN ASSOCIATE MEMBER OF THE WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS TO PERMIT THE PROVISION OF PROPERTY ASSESSED CLEAN ENERGY (PACE) PROGRAM SERVICES WITH SUCH CITY This Amendment to the Joint Powers Agreement ("JPA Amendment') is made and entered into on the 6th day of April, 2015, by City of Burlingame ("City') and the Western Riverside Council of Governments ("Authority") (collectively the 'Parties'). RECITALS WHEREAS, Authority is a joint exercise of powers authority established pursuant to Chapter 5 of Division 7, Title 1 of the Government Code of the State of California (Section 6500 and following) (the "Joint Exercise of Powers Act') and the Joint Power Agreement entered into on April 1, 1991, as amended from time to time (the "Authority JPA"); and WHEREAS, as of October 1, 2012, Authority had 18 member entities (the "Regular Members"). WHEREAS, Chapter 29 of the Improvement Act of 1911, being Division 7 of the California Streets and Highways Code ("Chapter 29") authorizes cities, counties, and cities and counties to establish voluntary contractual assessment programs, commonly referred to as a Property Assessed Clean Energy ("PACE") program, to fund certain renewable energy sources, energy and water efficiency improvements, and electric vehicle charging infrastructure (the 'Improvements") that are permanently fixed to residential, commercial, industrial, agricultural or other real property; and WHEREAS, Authority intends to establish a PACE program to be known as the "California HERO Program" pursuant to Chapter 29 as now enacted or as such legislation may be amended hereafter, which will authorize the implementation of a PACE financing program for cities and county throughout the state; and WHEREAS, City desires to allow owners of property within its jurisdiction to participate in the California HERO Program and to allow Authority to conduct proceedings under Chapter 29 to finance Improvements to be installed on such properties; and WHEREAS, this JPA Amendment will permit City to become an Associate Member of Authority and to participate in California HERO Program for the purpose of facilitating the implementation of such program within the jurisdiction of City; and WHEREAS, pursuant to the Joint Exercise of Powers Act, the Parties are approving this JPA Agreement to allow for the provision of PACE services, including the operation of a PACE financing program, within the incorporated territory of City; and WHEREAS, the JPA Amendment sets forth the rights, obligations and duties of City and Authority with respect to the implementation of the California HERO Program within the incorporated territory of City. MUTUAL UNDERSTANDINGS NOW, THEREFORE, for and in consideration of the mutual covenants and conditions hereinafter stated, the Parties hereto agree as follows: A. JPA Amendment. 1. The Authority JPA. City agrees to the terms and conditions of the Authority JPA, attached. 2. Associate Membership. By adoption of this JPA Amendment, City shall become an Associate Member of Authority on the terms and conditions set forth herein and the Authority JPA and consistent with the requirements of the Joint Exercise of Powers Act. The rights and obligations of City as an Associate Member are limited solely to those terms and conditions expressly set forth in this JPA Amendment for the purposes of implementing the California HERO Program within the incorporated territory of City. Except as expressly provided for by the this JPA Amendment, City shall not have any rights otherwise granted to Authority's Regular Members by the Authority JPA, including but not limited to the right to vote on matters before the Executive Committee or the General Assembly, the right to amend or vote on amendments to the Authority JPA, and the right to sit on committees or boards established under the Authority JPA or by action of the Executive Committee or the General Assembly, including, without limitation, the General Assembly and the Executive Committee. City shall not be considered a member for purposes of Section 9.1 of the Authority JPA. 3. Rights of Authority. This JPA Amendment shall not be interpreted as limiting or restricting the rights of Authority under the Authority JPA. Nothing in this JPA Amendment is intended to alter or modify Authority Transportation Uniform Mitigation Fee (TUMF) Program, the PACE Program administered by Authority within the jurisdictions of its Regular Members, or any other programs administered now or in the future by Authority, all as currently structured or subsequently amended. B. Implementation of California HERO Program within City Jurisdiction. 1. Boundaries of the California HERO Program within City Jurisdiction. City shall determine and notify Authority of the boundaries of the incorporated territory within City's jurisdiction within which contractual assessments may be entered into under the California HERO Program (the "Program Boundaries"), which boundaries may include the entire incorporated territory of City or a lesser portion thereof. 2. Determination of Eligible Improvements. Authority shall determine the types of distributed generation renewable energy sources, energy efficiency or water conservation improvements, electric vehicle charging infrastructure or such other improvements as may be authorized pursuant to Chapter 29 (the "Eligible Improvements") that will be eligible to be financed under the California HERO Program. 3. Establishment of California HERO Program. Authority will undertake such proceedings pursuant to Chapter 29 as shall be legally necessary to enable Authority to make contractual financing of Eligible Improvements available to eligible property owners within the Program Boundaries. 4. Financing the Installation of Eligible Improvements. Authority shall develop and implement a plan for the financing of the purchase and installation of the Eligible Improvements under the California HERO Program. 5. Ongoing Administration. Authority shall be responsible for the ongoing administration of the California HERO Program, including but not limited to producing education plans to raise public awareness of the California HERO Program, soliciting, reviewing and approving applications from residential and commercial property owners participating in the California HERO Program, establishing contracts for residential, commercial and other property owners participating in such program, establishing and collecting assessments due under the California HERO Program, adopting and implementing any rules or regulations for the California HERO Program, and providing reports as required by Chapter 29. City will not be responsible for the conduct of any proceedings required to be taken under Chapter 29; the levy or collection of assessments or any required remedial action in the case of delinquencies in such assessment payments; or the issuance, sale or administration of any bonds issued in connection with the California HERO Program. 6. Phased Implementation. The Parties recognize and agree that implementation of the California HERO Program as a whole can and may be phased as additional other cities and counties execute similar agreements. City entering into this JPA Amendment will obtain the benefits of and incur the obligations imposed by this JPA Amendment in its jurisdictional area, irrespective of whether cities or counties enter into similar agreements. C. Miscellaneous Provisions. 1. Withdrawal. City or Authority may withdraw from this JPA Amendment upon six (6) months written notice to the other party; provided, however, there is no outstanding indebtedness of Authority within City. The provisions of Section 6.2 of the Authority JPA shall not apply to City under this JPA Amendment. City may withdraw approval for conduct of the HERO Program within the jurisdictional limits of City upon thirty (30) written notice to WRCOG without liability to the Authority or any affiliated entity. City withdrawal shall not affect the validity of any voluntary assessment contracts (a) entered prior to the date of such withdrawal or (b) entered into after the date of such withdrawal so long as the applications for such voluntary assessment contracts were submitted to and approved by WRCOG prior to the date of City's notice of withdrawal. 2. Mutual Indemnification and Liability. Authority and City shall mutually defend, indemnify and hold the other party and its directors, officials, officers, employees and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries of any kind, in law or equity, to property or persons, including wrongful death, to the extent arising out of the willful misconduct or negligent acts, errors or omissions of the indemnifying party or its directors, officials, officers, employees and agents in connection with the California HERO Program administered under this JPA Amendment, including without limitation the payment of expert witness fees and attorneys fees and other related costs and expenses, but excluding payment of consequential damages. Without limiting the foregoing, Section 5.2 of the Authority JPA shall not apply to this JPA Amendment. In no event shall any of Authority's Regular Members or their officials, officers or employees be held directly liable for any damages or liability resulting out of this JPA Amendment. 3. Environmental Review. Authority shall be the lead agency under the California Environmental Quality Act for any environmental review that may be required in implementing or administering the California HERO Program under this JPA Amendment. 4. Cooperative Effort. City shall cooperate with Authority by providing information and other assistance in order for Authority to meet its obligations hereunder. City recognizes that one of its responsibilities related to the California HERO Program will include any permitting or inspection requirements as established by City. 5. Notice. Any and all communications and/or notices in connection with this JPA Amendment shall be either hand -delivered or sent by United States first class mail, postage prepaid, and addressed as follows: Authority Western Riverside Council of Governments 4080 Lemon Street, 3rd Floor. MS1032 Riverside, CA 92501-3609 Aft: Executive Director City: City of Burlingame 510 Primrose Road Burlingame, CA 94010-3997 Aft: City Manager 6. Entire Agreement, This JPA Amendment, together with the Authority JPA, constitutes the entire agreement among the Parties pertaining to the subject matter hereof. This JPA Amendment supersedes any and all other agreements, either oral or in writing, among the Parties with respect to the subject matter hereof and contains all of the covenants and agreements among them with respect to said matters, and each Party acknowledges that no representation, inducement, promise of agreement, oral or otherwise, has been made by the other Party or anyone acting on behalf of the other Party that is not embodied herein. 7. Successors and Assigns. This JPA Amendment and each of its covenants and conditions shall be binding on and shall inure to the benefit of the Parties and their respective successors and assigns. A Party may only assign or transfer its rights and obligations under this JPA Amendment with prior written approval of the other Party, which approval shall not be unreasonably withheld. 8. Attorney's Fees. If any action at law or equity, including any action for declaratory relief is brought to enforce or interpret the provisions of this Agreement, each Party to the litigation shall bear its own attorney's fees and costs. 9. Governing Law. This JPA Amendment shall be governed by and construed in accordance with the laws of the State of California, as applicable. 10. No Third Party Beneficiaries. This JPA Amendment shall not create any right or interest in the public, or any member thereof, as a third party beneficiary hereof, nor shall it authorize anyone not a Party to this JPA Amendment to maintain a suit for personal injuries or property damages under the provisions of this JPA Amendment. The duties, obligations, and responsibilities of the Parties to this JPA Amendment with respect to third party beneficiaries shall remain as imposed under existing state and federal law. 11. Severability. In the event one or more of the provisions contained in this JPA Amendment is held invalid, illegal or unenforceable by any court of competent jurisdiction, such portion shall be deemed severed from this JPA Amendment and the remaining parts of this JPA Amendment shall remain in full force and effect as though such invalid, illegal, or unenforceable portion had never been a part of this JPA Amendment. 12. Headings. The paragraph headings used in this JPA Amendment are for the convenience of the Parties and are not intended to be used as an aid to interpretation. 13. Amendment. This JPA Amendment may be modified or amended by the Parties at any time. Such modifications or amendments must be mutually agreed upon and executed in writing by both Parties. Verbal modifications or amendments to this JPA Amendment shall be of no effect. 14. Effective Date. This JPA Amendment shall become effective upon the execution thereof by the Parties hereto. IN WITNESS WHEREOF, the Parties hereto have caused this JPA Amendment to be executed and attested by their officers thereunto duly authorized as of the date first above written. [SIGNATURES ON FOLLOWING PAGES] WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS Date: Executive Committee Chair Western Riverside Council of Governments CITY OF BURLINGAME BY Date: Terry Nagel, Mayor City Council o!hero Frequently Asked Questions March 12, 2013 Q: What is the HERO Program, and how does it work? A: HERO enables residential and commercial property owners to install energy and water efficient improvements and renewable energy systems by having a special assessment put on their property tax bill. Payments are made through their local county with their property taxes over time. Q: What types of home improvements are available under the Program? A: Over 150,000 products and services quality. Typical projects include: solar photovoltaic (PV) systems; energy efficient space heating, air cooling and ventilation (HVAC); cool roof systems; energy efficient windows, skylights, and doors; solar thermal water heating; air sealing and weatherization; insulation; water heating; indoor energy efficient light fixtures; and water efficiency measures. Q: What are the costs and benefits of joining HERO for my community? A: There are no hard costs to joining the HERO program and it does not require any dedicated staff resources to develop or implement the Program. Additionally, your community will see numerous economic benefits including; • Reduce energy consumption • Stimulates local businesses • Creates sustainable jobs • Lowers greenhouse gas emissions Q: Why should we choose HERO compared to another PACE program? A: HERO is the nation's fastest-growing PACE program. By choosing HERO, your community is choosing a program with a proven track -record of stimulating economic growth. The program was developed with a network of home improvement contractors who count on HERO to build their businesses. They are creating new jobs everyday and planning on expanding into regions where HERO Financing is offered. HERO is not an exclusive program so you don't have to choose it over another program. We believe competition is an important benefit to consumers. Not only does it provide options like restaurants, gas stations or banks provide but it also increases overall demand because more companies are working harder to educate consumers on the benefits of a particular type of product or service. When there are multiple options to consider solution providers are forced to continually improve their product if they want to succeed in the marketplace. Q: What about Freddie/Fannie/FHFA? A: PACE legislation was adopted by the State of California to encourage the adoption of energy efficiency, renewable energy and water efficiency measures on homes and businesses. When the legislation was enacted, many people believed PACE was an attractive financing option due to its ability to automatically transfer payments to a new owner if the property sold. Freddie/Fannie/FHFA have indicated that they are not willing to purchase mortgages with PACE assessments on the property, therefore, property owners that sell or refinance to conforming loans may need to repay their assessment. The HERO Program works within this provision and we have found that property owners are comfortable attending to this if, and when, the situation should arise. For most property owners the most attractive benefits are low interest rates that are fixed, the ability to deduct the interest portion of the payments, the ability to select 5, 10, 15 and 20 year payment terms, and a simple straightforward application and document process to enable them to get the energy efficiency, renewable energy or water efficiency product they are interested in. Being able to transfer the balance of the financing has not proven to be a feature that has impacted a consumer's decision. Page 1 !hero Frequently Asked Questions March 12, 2013 Whether or not this provision remains in place or is removed, HERO provides numerous benefits that make PACE an attractive financing option for consumers. Q: Who is the HERO Team? A: The HERO team is made up of a network of partners who have been working closely since January 2010 on active residential and commercial PACE programs. Each team member is uniquely qualified for their specific role and are industry experts within their field. C PYtt Public Financing Management Program Manager / Financial Admor Q: Can the HERO Program be customized to my municipality? A: Yes, marketing materials, including the HERO website and contractor training materials, can be co -branded with your municipality's logo and contact information. Additionally, the HERO team will work with your municipality to review all policy considerations. Q: Can the HERO Program be integrated with existing municipal programs? A: Yes, the HERO Program can be integrated with existing municipal rebate, energy finance, or other PACE programs. Our team will work to implement the Program as a complementary component to other programs. Q: How does our community get started? A: Below are the process steps for HERO Financing to be offered in your community: 1 Approve Resolution Approval by municipality of the resolution will allow the HERO Program to operate in the municipality. The conduit issuer then completes a corresponding acceptance of the municipality to the Program. 2 Judicial Validation of City's Participation Program legal counsel files judicial validation documents. 3 Program Marketing and Outreach During the program validation phase, team members initiate local marketing efforts and begin outreach to educate local contractors and property owners of funding availability, eligibility and application procedures. 4 Program Launch Upon completion of the validation process, the HERO Program launches and projects are able to apply for and receive funding. Page 2 SA IAS CAPITAL IjA .. ', Best Best & Kreiger LLP renovateamerEca Renovate America Samas Capital D.WI)WoSIc David T' A°'rx'A�sociates Westhoff, Cone & Hol Bond Counsel Residential Admin and Funding Commercial Admin and Funtling Assessment Atlminislralion Placement Agent Q: Can the HERO Program be customized to my municipality? A: Yes, marketing materials, including the HERO website and contractor training materials, can be co -branded with your municipality's logo and contact information. Additionally, the HERO team will work with your municipality to review all policy considerations. Q: Can the HERO Program be integrated with existing municipal programs? A: Yes, the HERO Program can be integrated with existing municipal rebate, energy finance, or other PACE programs. Our team will work to implement the Program as a complementary component to other programs. Q: How does our community get started? A: Below are the process steps for HERO Financing to be offered in your community: 1 Approve Resolution Approval by municipality of the resolution will allow the HERO Program to operate in the municipality. The conduit issuer then completes a corresponding acceptance of the municipality to the Program. 2 Judicial Validation of City's Participation Program legal counsel files judicial validation documents. 3 Program Marketing and Outreach During the program validation phase, team members initiate local marketing efforts and begin outreach to educate local contractors and property owners of funding availability, eligibility and application procedures. 4 Program Launch Upon completion of the validation process, the HERO Program launches and projects are able to apply for and receive funding. Page 2 STAFF REPORT AGENDA NO: IOC a MEETING DATE: April 6, 2015 To: Honorable Mayor and City Council Date: April 6, 2015 From: Syed Murtuza, Director of Public Works — (650) 558-7230 Subject: Update on Broadway Commercial Area Traffic Safety, Signage and Parking Improvements This is to provide an update to the City Council regarding the concerns relative to the traffic safety, signage and parking improvements in the Broadway Commercial Area. This is an information only item, and no action is requested at this time. BACKGROUND In October 2014, members of the community gathered at the Broadway Summit to provide input regarding potential ways to improve the Broadway Commercial Area. Among several things, the public input included comments about way finding signage for public parking, concerns regarding parking problems, pedestrian and traffic safety issues, street lighting, addition of a shuttle stop, and a future parking structure. These comments and ideas were captured by the Community Development Department staff and presented at the February 2, 2015 City Council meeting. At this meeting, the Council expressed their own concerns regarding signage, parking, traffic, and pedestrian safety issues. DISCUSSION Below is an update regarding the ongoing and planned work program by the Public Works Department to address several issues raised at the February 2, 2015 Council meeting. • Improve parking way -finding signage to better direct visitors to the public parking areas. During the meeting, the Council requested that staff review the existing way -finding signage for public parking areas to better direct visitors to the city parking lots. Staff reviewed the existing way -finding signage in the Broadway area and is currently in the process of revising the existing signs to change their design and locations to provide more visibility and clarity to the visitors. The existing circular way -finding parking signs will be revised, and will be installed at various points along Broadway. This work is anticipated to be completed by the end of May. In addition to this work, the signs indicating the specific parking lot will be repainted to improve their visibility. This work is anticipated to be completed by the end of June. 7 Update on Broadway Commercial District Improvements April 6, 2015 • Existing `No U Turn' signs are faded or missing, and present safety concerns. The Council noted that the existing signs along Broadway to restrict turning movements are either missing or faded. The Council also noted that motorists are not abiding by the existing traffic signage and expressed concerns for public safety. Staff has already replaced all the missing and faded signs with newer signs to provide clear visibility. Additionally, the Police Department has stepped up its enforcement efforts to ensure compliance with the traffic signage. • Restrict truck traffic along the Broadway Commercial Area between California Drive and El Camino Real Staff reviewed the existing traffic conditions and the configuration of the roadway layout to determine the feasibility for restricting the truck traffic along Broadway. Broadway is classified as an arterial street in the City's General Plan, as well as in California Road System (CRS) and the Federal Road Classification System. Broadway provides the city with its only direct connection to U.S. Highway 101. Past traffic studies indicate that Broadway serves in excess of 24,000 vehicles per day on an average basis. Some of these vehicles are not only visitors to the Broadway Commercial District, but also trucks servicing the businesses in the District. Restricting the trucks onto Broadway would not only further increase back-ups along Broadway, but would force them onto the adjacent residential streets. These streets are typically narrower, with tighter curb radii at the intersections, and are not designed for truck traffic; therefore, they cannot accommodate heavy truck traffic on a regular basis. Any additional traffic back-ups on Broadway would further increase the potential for conflicts with the at -grade railroad crossing. Because of these concerns, staff would not recommend restricting the truck traffic on Broadway at this time. • Review conversion of on -street parking from angled parking to parallel parking. Council requested that staff review the conversion of the existing angled parking along Broadway to parallel parking. In reviewing this conversion, staff noted that previously along Burlingame Avenue, there were large planters located in the parking strip. Once removed as part of the streetscape project, the area left behind by these planters was incorporated into the parallel parking, thus making for more efficient use of the parking strip. The existing tree wells created by the Broadway streetscape improvements several years ago are not large enough to provide a similar benefit. However, if the Council wishes to convert the existing angled parking to parallel parking, the street, including portions of the sidewalks, curb, gutter and drainage facilities, will have to be redesigned and reconstructed to work with the new layout. There are 78 existing angled parking spaces on Broadway at this time. Staff estimates that conversion to parallel parking will result in the loss of about 21 spaces, or approximately a 27% reduction. • Request for an additional shuttle stop for the Broadway Commercial District. The Broadway merchants expressed a desire to institute an additional shuttle stop near Broadway. Per Council direction, staff met with the Burlingame Trolley service provider and the program manager to discuss the matter and introduced another shuttle stop along California, at the Broadway Train Station. 2 Update on Broadway Commercial District Improvements April 6, 2015 • Replacement of the non-functioning in -pavement lighted crosswalk system on Broadway at the intersection of Paloma Avenue. The Council expressed concerns regarding the pedestrian safety at the intersection of Broadway and Paloma Avenue, due to the in -pavement crosswalk lighting system not functioning properly. Staff is now in the process of procuring a new crosswalk lighting system. The existing in - pavement lighted crosswalk at the Paloma Avenue intersection will be replaced with a new rectangular rapid flashing beacon (RRFB) system. The estimated cost of this work is approximately $25,000, and is anticipated to be completed by the end of June. In addition, the Council expressed concern that some trees were blocking the visibility of the pedestrian signage at the crosswalk at the intersection of Paloma Ave. and Chula Vista Ave. Parks Department staff coordinated with the Broadway Business Improvement District (BID), and with their concurrence removed the trees that were blocking the signage at the intersection. This will not only help improve pedestrian visibility but will also improve the range of the solar panels of the RRFB system. • Street lights Improvements on Broadway. The public input included a comment about improving the street lights on Broadway. The street lights along Broadway were originally installed as part of the 2002 Broadway streetscape project. In 2012, the City competed for and received a $300,000 grant to convert the old Broadway and Burlingame Avenue street lighting to a new energy efficient LED (Light Emitting Diode) lighting system. As a result, the Broadway street lights were converted from high pressure sodium (HIPS) bulbs to LEDs in 2013, at the same time as the Burlingame Avenue streetscape project was under construction. Additionally, in response to the concerns by a member of the public, staff inspected the street lights and found them to be adequate and working properly. • Cleanliness of sidewalks, streets, and parking areas in the Broadway Commercial District. The public input included comments about the cleanliness of the commercial area. The sidewalks and parking areas in the Broadway Commercial District are cleaned on a weekly basis, with the sidewalks receiving a steam cleaning on a quarterly basis. The streets are swept daily (except Sundays) between 4:00 A.M. and 6:00 A.M. • Adjustment of existing public parking time restrictions in public parking lots. At the meeting, the Council inquired whether the current parking restrictions could be adjusted to improve the parking conditions for visitors to the Broadway District. Staff has had initial discussions with the Broadway BID to review the existing parking time restrictions for employees and visitors, and will be working with them to review potential changes to the current restrictions in the future. • Consideration of a future parking structure to meet the parking demand resulting from potential growth in the Broadway Commercial District. 3 Update on Broadway Commercial District Improvements April 6, 2015 The Broadway BID had expressed concerns regarding the potential increase in future parking demand from anticipated growth in the commercial area and their desire to increase the parking supply to meet the demand. The City is in the process of updating its General Plan, which will study the entire city for current and future needs. The future parking needs of the Broadway Commercial District can be addressed as part of the General Plan Update. FISCAL IMPACT The work program discussed in this staff report will be absorbed in the current budget with the exception of the LED street lights, which were previously funded by a state grant. 19