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HomeMy WebLinkAboutAgenda Packet - CC - 2015.02.17Tuesday, February 17, 2015 City of Burlingame Meeting Agenda - Final City Council 7:00 PM BURLINGAME CITY HALL 501 PRIMROSE ROAD BURLINGAME, CA 94010 Council Chambers CLOSED SESSION - 5:45 p.m. - Conference Room A a. Approval of the Closed Session Agenda (Government Code 54956.9(a) and (d)(4) b. Closed Session Community Forum: Members of the public may address the Council on any item on the Closed Session Agenda at this time. C. Adjournment into Closed Session d. Conference with Legal Counsel — Potential Litigation - Gov. Code &54956.9 (a) and (d) (4): Three Cases Note: Public comment is permitted on all action items as noted on the agenda below and in the non -agenda public comment provided for in item 7. Speakers are asked to fill out a "request to speak" card located on the table by the door and hand it to staff, although the provision of a name, address or other identifying information is optional. Speakers are limited to three minutes each; the Mayor may adjust the time limit in light of the number of anticipated speakers. All votes are unanimous unless separately noted for the record. 1. CALL TO ORDER - 7:00 p.m. - Council Chambers 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. ROLL CALL 4. REPORT OUT FROM CLOSED SESSION 5. UPCOMING EVENTS 6. PRESENTATIONS a. There are no presentations. City of Burlingame Page 1 Printed on 212/2015 I City Council Meeting Agenda - Final February 17, 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 Feburary 2, 2015 Attachments: 2-2-15mi n. doc b. Approval of an Extension of the Existinq Contract with Brown Armstrona Accountanc Corporation for Professional Audit Services in Connection With the City's 2014-15 Fiscal Year Attachments: Staff Report Second Amendment to Audit Contract Audit Contract 2011-2013 C. Adoption of an Ordinance of the City Council of the Citv of Burlinqame Amendina Title 25 (Zoning Code) of the Burlingame Municipal Code to Remove the Restrictions on the Number of Food Establishments and Eliminate the Requirement for a Conditional Use Permit for Health Service Uses above the First Floor only in the Broadway Commercial Area within the C-1 Zoning District Attachments: Staff Report Ordinance d. Adoption of a Resolution Accepting the Electric Vehicle Charging Stations Project by REJ Electric, Inc., City Proiect No. 84070 Attachments: Staff Report Resolution Final Progress Payment EV Chamina Stations Proiect RFP Proiect Location Map e. Adoption of a Resolution Authorizing the _City's Participation in the Institute for Local Government's Beacon Award: Local Leadership toward Solving Climate Change Attachments: Staff Report Resolution City of Burlingame Page 2 Printed on 2112/2015 City Council Meeting Agenda - Final February 17, 2015 f. Adoption of a Resolution Authorizing the City's Participation in a Feasibility Study of a Community Choice Aggregation Program for San Mateo County Attachments: Staff Report Resolution 9. PUBLIC HEARINGS (Public Comment) a. Extension of an Urgency Moratorium on New Applications for Massage Establishments Attachments: Staff Report Ordinance b. Extension of an Urgency Moratorium on New Applications for Marijuana Dispensaries Collectives, Growing Operations. and Related Uses Attachments: Staff Report Ordinance C. Introduction of an Ordinance to Provide for Property Upkeep Standards and Enhanced Code Compliance Enforcement for Non-residential Properties Attachments: Staff Report Ordinance 10. STAFF REPORTS AND COMMUNICATIONS (Public Comment) a. Adoption of a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with MIG for Preparation of an Update of the City's General Plan and Zoning Ordinance with Accompanying Environmental Impact Report (Project Name: "Burlingame 2040") Attachments: Staff Report Resolution Agreement Work Program b. Open Nomination Period to Fill One Vacancy on the Planning Commission Attachments: Staff Report C. Quarterly Investment Report, Period Ending December 31, 2014 Attachments: Staff Report Portfolio Holdings Summary 12-31-2014 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Council Members report on committees and activities and make announcements. CltyofBurlingame Page 3 Printed on 2112/2015 City Council Meeting Agenda • Final February 17, 2015 12. FUTURE AGENDA ITEMS 13. ACKNOWLEDGMENTS a. Department Reports: Building January 2015 14. ADJOURNMENT Notice: Any attendees wishing accommodations for disabilities please contact the City Clerk at (650)558-7203 at least 24 hours before the meeting. A copy of the Agenda Packet is available for public review at the City Clerk's office, City Hall, 501 Primrose Road, from 8:00 a.m. to 5:00p.117, before the meeting and at the meeting. Visit the City's website at www.burlingame.org. Agendas and minutes are available at this site. NEXT CITY COUNCIL MEETING - Next Regular City Council Meeting - Monday, March 2, 2015 VIEW REGULAR COUNCIL MEETING ONLINE AT WWW.BURLINGAME.ORG - GO TO "CITY COUNCIL VIDEOS" Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the Water Office counter at City Hall at 501 Primrose Road during normal business hours. City of Burlingame Page 4 Printed on 211212015 AGENDA ITEM 8a DATE: 2/17/15 �� ciTr o BURLINGAME BURLINGAME CITY COUNCIL Unapproved Minutes Regular Meeting of February 2, 2015 1. CALL TO ORDER A duly noticed regular meeting of the Burlingame City Council was held on the above date in the City Hall Council Chambers. Mayor Nagel called the meeting to order at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE TO TBE FLAG The pledge of allegiance was led by Ross Bruce. 3. ROLL CALL MEMBERS PRESENT: Brownrigg, Keighran, Nagel, Ortiz, Root MEMBERS ABSENT: None 4. REPORT OUT FROM CLOSED SESSION There was no closed session. Mayor Nagel reviewed the upcoming events taking place in the City. 6. PRESENTATIONS There were no presentations. PUBLIC COMMENTS Burlingame resident Cynthia Cornell, speaking on behalf of Burlingame Advocates for Renters Protection, spoke about the high cost of rents. 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. Councilmember Brownrigg requested removal of item 8b for a question since he was not at the prior Council meeting when it was introduced. Burlingame City Council February 2, 2015 Unapproved Minutes Vice Mayor Keighran made a motion to adopt items 8a, and 8c of the Consent Calendar; seconded by Councilmember Ortiz. The motion was approved unanimously by voice vote, 5-0. (Councilmember Brownrigg abstained from voting on item 8a since he was not at the meeting.) a. APPROVE THE CITY COUNCIL MEETING MINUTES OF JANUARY 20, 2015 CC Kearney requested Council approve the City Council meeting minutes of January 20, 2015. b. ADOPTION OF AN ORDINANCE AMENDING TITLE 12 OF THE BURLINGAME MUNICIPAL CODE TO ADD A NEW CHAPTER 12.05 FOR SPECIAL CONSTRUCTION REQUIREMENTS WITHIN THE PUBLIC RIGHT-OF-WAY OF DOWNTOWN BURLINGAME AVENUE DPW Murtuza requested Council adopt Ordinance No. 1908. Councilmember Brownrigg asked if we would make an exception should a new business need to do a sewer lateral or connect a utility line. DPW Murtuza said there would be exceptions for special circumstances and the business would be required to restore the street and sidewalk to its original condition. Vice Mayor Keighran confirmed that staff would bring this item back in a year to be evaluated and possibly consider extending the moratorium from five years to ten years. Vice Mayor Keighran made a motion to adopt item 8b; seconded by Councilmember Brownrigg. The motion was approved unanimously by voice vote, 5-0. c. ADOPTION OF AN ORDINANCE AMENDING CHAPTER 25.63 OF THE BURLINGAMEMUNICIPAL CODE TO COMPLY WITH STATE LAW REQUIRING INCENTIVES OR CONCESSIONS FOR QUALIFYING DEVELOPMENTS (DENSITY BONUS ORDINANCE) CDD Meeker requested Council adopt Ordinance No. 1909. 9. PUBLIC HEARINGS a. UPDATE TO THE CIRCULATION ELEMENT OF THE GENERAL PLAN Planning Manager Kevin Gardiner gave a presentation with an overview of the Circulation Element and how it fits with the General Plan. Mr. Gardiner reviewed the legislative program, complete streets of 2008, updated strategy, Planning Commission recommendations from their November 10, 2014 meeting. Mayor Nagel advised that the Metropolitan Transportation Commission requires a Certified Housing element, which has been done, and the Circulation Element with the Complete Streetsimbedded in it in order to qualify for funding from them. Vice Mayor�requested that the Traffic, Safety and Parking Commission be included in discussions and PM Gardiner said they would definitely be involved. Councilmember Ortiz commented that on page 58 Lot G is still shown in its original configuration when in fact it is quite a bit smaller now. Burlingame City Council February 2, 2015 Unapproved Minutes Councilmember Brownrigg expressed his disappointment that the City was ill advised by a consulting team a few years ago to donate the slip roads in the north end of the City to property owners as an incentive. He said the City has since learned that the recommendation was not only infeasible, but possibly illegal. Councilmember Brownrigg said he was very frustrated by this and recommended the City not have any further dealings with that Consultant. Councilmember Keighran suggested staff consider incentives to developers of the Bayfront for improving the Bay Trails and that might expedite some interest. Councilmember Keighran said she would also like to see bicycle education as part of the school curriculum, perhaps through an Assembly Day as a good way to disburse the information. Ms. Keighran also wanted to make sure the cost estimates on page 22 get updated since the ones shown are from 2004. Mayor Nagel opened the public hearing and no one spoke. Councilmember Ortiz made a motion to adopt item 9a; seconded by Councilmember Brownrigg. The motion was approved unanimously by voice vote, 5-0. b. PUBLIC HEARING TO CONSIDER AMENDMENTS TO TITLE 25 OF THE BURLINGAME MUNICIPAL CODE, THE ZONING ORDINANCE 25.30 C-1 DISTRICT REGULATIONS, TO REMOVE THE RESTRICTIONS ON THE NUMBER OF FOOD ESTABLISHMENTS AND ELIMINATE THE REQUIREMENT FOR A CONDITIONAL USE PERMIT FOR HEALTH SERVICE USES ABOVE THE FIRST FLOOR IN THE BROADWAY COMMERCIAL AREA WITHIN THE C-1 ZONING DISTRICT CDD Meeker reviewed the staff report and advised that the outcome of the Broadway Community Meeting held on October 18, 2014 was that the Broadway area businesses and residents would like more vitality in the Broadway Commercial District. CDD Meeker requested Council consider the proposed ordinance amending the zoning regulations to completely remove the restrictions on the number of food establishments, and eliminate the requirement for a conditional use permit for health services above the first floor in the Broadway Commercial Area. Councilmember Brownrigg spoke and said he and the other Councihmembers are all proponents for added vitality on Broadway but when considering derestricting restaurants, he thought it would mirror what exists on Burlingame Avenue that eliminated quotas for restaurants, but did not permit fast food establishments. Councilmember Brownrigg asked CDD Meeker if removing the restriction for restaurants on Broadway prohibits fast food restaurants, or allows them. Mr. Meeker advised that the way the Ordinance is written it removes the cap on all restaurants and would allow for specialty food establishments, which is the term they use for fast food. Mr. Meeker said currently there are eight specialty food establishments on Broadway. CDD Meeker further advised that if there were substantive changes to the Ordinance that was being introduced tonight, it would have to be revised and brought back to the Council. Councilmember Ortiz asked if the Council agreed to adopt the ordinance, and in the future found it was not working, was it possible to amend it. CDD Meeker said that it would follow the same procedure and first go the Planning Commission for approval and then to the City Council. Council discussion followed and the Councilmembers approved removing the restaurant cap but expressed considerable concern over the possibility of fast food restaurants moving to the Broadway Commercial District. Mayor Nagel requested that the City Clerk read the proposed ordinance. Vice Mayor Keighran made a motion to waive further reading and introduce the ordinance; seconded by Councilmember Root. The motion Burlingame City Council February 2, 2015 Unapproved Minutes was approved unanimously by voice vote, 5-0. Mayor Nagel directed the City Clerk to publish a summary of the proposed Ordinance within five days of the public hearing. Mayor Nagel opened the public hearing and Broadway business owner John Kevranian spoke and said he does not think fast food chains such as McDonalds, Burger King or Taco Bell would be interested in opening on Broadway since those restaurants usually want their own parking lot and a drive thru. Broadway business owner Ross Bruce agreed with Mr. Kevranian and added that the Broadway area doesn't have the population density that usually goes with fast food establishments. Broadway property owner Garbis Bezdjian spoke and said he does not agree with additional restaurants on Broadway. There was additional Council discussion and Council agreed that lifting the restrictions would increase competition in the region which is generally healthy for business, and having additional restaurants seems to be the desire of the community. Councilmember Ortiz made a motion to bring it back for adoption and review it in a year; seconded by Councilmember Brownrigg. The motion was approved unanimously by voice vote, 5-0. c. REOUEST FOR A FINDING OF PUBLIC CONVENIENCE AND NECESSITY (PCN) TO SECTION 23958.4 OF THE CALIFORNIA BUSINESS AND PROFESSIONS CODE. RELATED TO REQUESTS FOR A TYPE -20 (OFF -SALE WINE SALES) AND A TYPE -42 (ON -SALE WINE TASTING) ALCOHOLIC BEVERAGE SALES PERMITS ISSUED THROUGH THE CALIFORNIA ALCOHOLIC BEVERAGE CONTROL BOARD (ABC) AS REQUESTED BY DEL OLIVA INCORPORATED LOCATED AT 1440 BURLINGAME AVENUE CDD Meeker reviewed the staff report and advised that the applicant is the owner of the De Oliva store on Burlingame Avenue. He said the owners would like to be able to sell wine, include wine in their gift baskets, and have wine tastings. CDD Meeker said the Police Department supports the request from De Oliva, Inc. and suggested 13 conditions to be included with the applicant's license request to the Alcohol Beverage Control Board (ABC). Council discussion followed and Council agreed that this was the type of store that is an asset to Burlingame Avenue. Councilmember Brownrigg had some minor changes to the conditions and suggested that the hours be extended to a later time should the store occasionally want to stay open. Councilmember Brownrigg also asked removal of condition number 9 since they are not selling distilled spirits, and change condition number 12 to also allow for the sale of half bottles of wine as well as full bottles. Police Chief Wollman was in agreement with the changes to the conditions. Mayor Nagel opened the public hearing and there were no comments. Councilmember Brownrigg made a motion to approve the request of De Oliva, Inc; to sell wine at their store; seconded by Vice Mayor Keighran. The motion was approved unanimously by voice vote, 5-0. 10. STAFF REPORTS AND COMMUNICATIONS a. SUMMARY OF COMMUNITY FEEDBACK RECEIVED FROM THE BROADWAY COMMERCIAL DISTRICT COMMUNITY MEETING AND COMMUNITY SURVEY AND NEXT STEPS Burlingame City Council February 2, 2015 Unapproved Minutes CDD Meeker reviewed the staff report and advised that based on the survey responses and public input received at the October 18, 2014 community meeting, the following five categories need to be addressed: Land -Use Mix, Parking, Transportation, Streetscape, and Public Amenities. CDD Meeker also advised that the City's Economic Development Specialist Cleese Relihan is working with the Broadway business community to better serve as a City -based resource. In addition, Mr. Meeker said that the Broadway business community is being encouraged to make better use of social media platforms and partnerships with the Chamber of Commerce to develop approaches for promoting the unique character of the business mix of Broadway. Mayor Nagel opened the item for public comment and Broadway business owners John Kevranian, Ross Bruce and Garbis Bezdjian spoke. Mayor Nagel requested Council identify for staff some items that can be dealt with in the near future. Council discussion followed and suggestions by Council were cleaning the sidewalks; better parking signage; better lighting; repair pedestrian crosswalk lighting; continue to work with Economic Development Subcommittee and Specialist; look into trolley service from the Bayfront; crosswalk safety at Walgreens; make Broadway pedestrian friendly; the "no U turn" signs need to be replaced; redirect trucks to turn at California Drive rather than driving on Broadway; increase police presence; look for grant funding; perhaps consider changing to parallel parking; think about public art and murals. Council thanked staff for all their efforts and for working with the Broadway Business District and residents to get their input. 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 13. ACKNOWLEDGMENTS 14. ADJOURNMENT Mayor Nagel adjourned the meeting at 9:05 p.m. Respectfully submitted, Mary Ellen Kearney City Clerk Burlingame City Council February 2, 2015 Unapproved Minutes 0AGENDA NO: $b STAFF REPORT MEETING DATE: To: Honorable Mayor and City Council Date: February 17, 2015 From: Carol Augustine — (650) 558-7222 February 17, 2015 Subject: Approval of an Extension of the Existing Contract with Brown Armstrong Accountancy Corporation for Professional Audit Services in Connection With the Citv's 2014-15 Fiscal Year Staff recommends that the City Council approve the one-year extension of the City's current four- year contract with Brown Armstrong Accountancy Corporation for services associated with the 2014-15 fiscal year, at the existing contract price of $68,000. BACKGROUND The City executed a contract with Brown Armstrong Accountancy Corporation on May 2, 2011, covering all the required audits and reports necessary for fiscal years 2010-11 through 2012-13. The contract provided for the ability to extend the contract for two additional terms of one year each. The contract was extended last year to allow for the continued external audit services of Brown Armstrong for the City's 2013-14 fiscal year financial reports. In addition, the City contracts separately with Brown Armstrong for preparation and publication of the final Comprehensive Annual Financial Report (CAFR) document each year. Although staff prepares the actual report schedules, Brown Armstrong compiles the text and schedules together in one document, ensures consistent formatting and cross referencing, tracks changes and generally maintains version control through the editing process. The additional clerical and publication services are provided at a cost of $9,500 per year. These services are not included in the scope of work in the contract for professional audit services. DISCUSSION Brown Armstrong recently completed the fourth year auditing services for the City, performing all audits in accordance with auditing standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Per the Government Finance Officers Association (GFOA) standards for auditing service contracts, "multi-year agreements allow for greater continuity and help minimize the potential for disruption in connection with the independent audit". Staff continues to be satisfied with the services obtained from Brown Armstrong to date, and wishes to extend the contract for the final, additional one-year term as allowed in the existing contract. The attached second amendment to the I One-year Extension of Auditing Services Contract February 17, 2015 original agreement will provide that extension. The original agreement is also provided as an exhibit to this staff report; however, due to the size of the "Scope of Work — Exhibit A" to the original agreement, Exhibit A to the original agreement has not been duplicated for this agenda item. (The scope of work that is part of the original agreement is available in its entirety upon request; it consists largely of Brown Armstrong's original response to the City's 2011 Request for Proposals for Professional Auditing Services.) FISCAL IMPACT The cost of the one-year extension of the contract at the existing annual contract price of $68,000 will be included in the proposed operating budget for fiscal year 2015-16. Exhibits: • Second Amendment to the Agreement with the City of Burlingame and Brown Armstrong Accountancy Corporation for External Financial Auditing Services • Agreement between the City of Burlingame and Brown Armstrong Accountancy Corporation for External Financial Auditing Services (May 2, 2011) 2 SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF BURLINGAME AND BROWN ARMSTRONG ACCOUNTANCY CORPORATION FOR EXTERNAL FINANCIAL AUDITING SERVICES This Second Amendment to the Agreement is entered into as of by and between the CITY OF BURLINGAME, a municipal corporation, hereinafter called "City," and Brown Armstrong Accountancy Corporation, a California Corporation, hereinafter called "Contractor," Recitals WHEREAS, the City and Contractor entered into an agreement on May 2, 2011, pursuant to which the Contractor agreed to provide Auditing Services for the City; and WHEREAS, the Agreement allows the City to exercise the contract extension option for two additional terms of one year each "upon written notice by the City to the Contractor no later than ninety (90) days before the end of the then -current term"; and WHEREAS, the Agreement was modified on March 17, 2014 in order to exercise the contract extension option for an additional one (1) year, at the same prices, terms and conditions stated in the Agreement for 2011 through 2013; and WHEREAS, the City and Contractor now wish to modify the Agreement in order to exercise the contract extension option for an additional one (1) year, for performance of the annual external audit for the City of Burlingame for fiscal year 2014-15, at the same prices, terms and conditions stated in the Agreement for 2011 through 2013. Terms NOW, THEREFORE, the City and Contractor agree to amend the Agreement as follows: 1. The Agreement shall terminate on June 30, 2016. 2. Except as changed or modified herein, all provisions and conditions of the original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, this First Amendment to the Agreement was executed through their duly authorized representatives as noted below: CITY OF BURLINGAME, A Municipal Corporation BROWN ARMSTRONG, An Accountancy Corporation Carol Augustine Ms. Rosalva Flores Finance Director/Treasurer Principal Approved as to form: City Attorney ATTEST: City Clerk SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF BURLINGAME AND BROWN ARMSTRONG ACCOUNTANCY CORPORATION FOR EXTERNAL FINANCIAL AUDITING SERVICES This Second Amendment to the Agreement is entered into as of by and between the CITY OF BURLINGAME, a municipal corporation, hereinafter called "City," and Brown Armstrong Accountancy Corporation, a California Corporation, hereinafter called "Contractor," Recitals WHEREAS, the City and Contractor entered into an agreement on May 2, 2011, pursuant to which the Contractor agreed to provide Auditing Services for the City; and WHEREAS, the Agreement allows the City to exercise the contract extension option for two additional terms of one year each "upon written notice by the City to the Contractor no later than ninety (90) days before the end of the then -current term"; and WHEREAS, the Agreement was modified on March 17, 2014 in order to exercise the contract extension option for an additional one (1) year, at the same prices, terms and conditions stated in the Agreement for 2011 through 2013; and WHEREAS, the City and Contractor now wish to modify the Agreement in order to exercise the contract extension option for an additional one (1) year, for performance of the annual external audit for the City of Burlingame for fiscal year 2014-15, at the same prices, terms and conditions stated in the Agreement for 2011 through 2013. Terms NOW, THEREFORE, the City and Contractor agree to amend the Agreement as follows: 1. The Agreement shall terminate on June 30, 2016. 2. Except as changed or modified herein, all provisions and conditions of the original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, this First Amendment to the Agreement was executed through their duly authorized representatives as noted below: CITY OF BURLINGAME, A Municipal Corporation BROWN ARMSTRONG, An Accountancy Corporation Carol Augustine Ms. Rosalva Flores Finance Director/Treasurer Principal Approved as to form: City Attorney ATTEST: City Clerk AN AGREEMENT BETWEEN THE CITY OF BURLINGAME AND BROWN ARMSTRONG ACCOUNTANCY INCORPORATED FOR EXTERNAL FINANCIAL AUDITING SERVICES THIS AGREEMENT, is entered into on this 2°d day of May, 2011, by and between the CITY OF BURLINGAME, a municipal corporation, hereinafter called "City", and Brown Armstrong Accountancy Inc., a California corporation, hereinafter called "Contractor," WHEREAS, the City is required by State law to have an annual, independent, external audit of its financial statements to ensure compliance with federal, state and local laws, with generally accepted accounting principles and with pronouncements and standards of the Governmental Accounting Standards Board (GASB); and WHEREAS, in accordance with the best practices promulgated by the Governmental Finance Officers Association (GFOA), governmental entities in practice enter into multiyear agreements (usually no longer than five [5] years) when obtaining the services of independent auditors, as such agreements allow for greater continuity and minimize the potential for disruption in connection with the independent audit; and WHEREAS, the GFOA best practices also state that a governmental entity should actively seek to replace the external auditor at the end of the multiyear agreement in order to preserve and enhance independence, objectivity and impartiality; and WHEREAS, the accounting firm of Caporicci and Larson has provided external auditing services for the City since 2004 and has performed those duties very well and provided excellent service to the City; and WHEREAS, consistent with the GFOA best practices, the City issued a Request -for - Proposal for external financial auditing services; nine firms submitted qualified proposals, five firms were selected for interviews and, after completion of the review process, the City selected Brown Armstrong Accountancy Corporation as the best qualified firm based on its 37 years of experience in auditing governmental entities; and WHEREAS, Brown Armstrong Accountancy Corporation has agreed to perform external auditing services for the City at a cost of $68,000.00 per year for a total not to exceed three-year cost of $204,000.00, with an option to retain the firm for two additional years; and WHEREAS, Brown Armstrong Accountancy Corporation has the ability, training, expertise experience and willingness to perform the external auditing services for the City of Burlingame for the next three (3) years; NOW, THEREFORE, IT IS AGREED by the parties hereto as follows: 1. Scope of work. Contractor shall perform the work described in the Request for Proposal — "Proposal to City of Burlingame for Professional Audit Services" , dated March 14, 2011, attached hereto and incorporated herein as Exhibit "A" to this Agreement. 2. The Contract Documents. The complete contract consists of the following documents: this Agreement, the City's Request for Proposal, the Contractor's proposal (Exhibit "A"). All of these documents are hereinafter referred to as the Contract Documents. All rights and obligations of City and Contractor are fully set forth and described in the Contract Documents. All of the above described documents are intended to cooperate so that any work called for in one, and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all of these documents. Contract Price. The City shall pay, and the Contractor shall accept, in full, payment of the work above agreed to be done, the sum of $68,000.00 per fiscal year for three years, the fiscal years 2010- 2011, 2011-2012 and 2012-2013, as described in the contract documents, for a not to exceed amount of $204,000.00. 4. Term. The term of this Agreement is for three (3) years commencing July 1, 2011 and terminating June 30, 2014 unless earlier terminated pursuant to the Contract Documents. However, at the sole option of the City, this Agreement may be extended for two additional terms of one year each on the terms and conditions contained in the Contract Documents upon written notice by the City to the Contractor no later than ninety (90) days before the end of the then -current tern. 5. Sole Responsibility. Contractor shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement. 6. Compliance with Laws. The Contractor shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws. Contractor represents and warrants to City that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Contractor to practice its profession. Contractor shall maintain a City of Burlingame business license. 7. Information/Report Handling. All documents furnished to Contractor by the City and all reports and supportive data prepared by the Contractor under this Agreement are the City's property and shall be delivered to the City upon the completion of Contractor's services or at the City's written request. All reports, information, data, and exhibits prepared or assembled by Contractor in connection with the performance of its services pursuant to this Agreement are confidential until released by the City to the public, and the Contractor shall not make any of the these documents or information available to any individual or organization not employed by the Contractor or the City without the written consent of the City before such release, City further agrees that it will not appropriate any methodology or technique of Contractor which is and has been confirmed in writing by Contractor to be a trade secret of Contractor. Provisions Cumulative. The provisions of this Agreement are cumulative and in addition to and not in limitation of any other rights or remedies available to the City. 9. Notices. All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid. Notices required to be given to the City shall be addressed as follows: MR JESOS NAVA FINANCE DIRECTOR CITY OF BURLINGAME 501 Primrose Road Burlingame, California 94010 650-558-7222 jnava@burliDgame.org Notices required to be given to the Contractor shall be addressed as follows: MS. ROSALVA FLORES BROWN ARMSTRONG ACCOUNTANCY CORPORATION 4200 Truxtun Avenue Bakersfield, CA 93309 661-324-4971 rflores@bacpas,com 10. Independent Contractor. It is understood that the Contractor, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and not an agent or employee of the City. As an independent contractor, neither it nor any of its officers or employees shall obtain any rights to retirement benefits or other benefits which accrue to City employee(s). With prior written consent, the Contractor may perform some obligations under this Agreement by subcontracting, but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement. Contractor agrees to testify in any litigation brought regarding the subject of the work to be performed under this Agreement. Contractor shall be compensated for its costs and expenses in preparing for, traveling to, and testifying in such matters at its then current hourly rates of compensation, unless such litigation is brought by Contractor or is based on allegations of Contractor's negligent performance or wrongdoing. 11. Conflict of Interest. The Contractor has not and shall not obtain any holding or interest within the City of Burlingame. Contractor has no business holdings or agreements with any individual member of the Staff or management of the City or its representatives nor shall it enter into any such holdings or agreements. In addition, Contractor warrants that it does not presently and shall not acquire any direct or indirect interest adverse to those of the City in the subject of this Agreement, and it shall immediately disassociate itself from such an interest should it discover it has done so and shall, at the City's sole discretion, divest itself of such interest. Contractor shall not knowingly and shall take reasonable steps to ensure that it does not employ a person having such an interest in this performance of this Agreement. If after employment of a person, Contractor discovers it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement, Contractor shall promptly notify City of this employment relationship, and shall, at the City's sole discretion, sever any such employment relationship. 12. Equal Employment Opportunity. Contractor warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Neither Contractor nor its subcontractors do and neither shall discriminate against persons employed or seeking employment with them on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment & Housing Act, 13. Availability of Records. Contractor shall maintain the records supporting billings under these Contract Documents for not less than three (3) years following completion of the work under this Agreement. Contractor shall make these records available to authorized personnel of the City at the Contractor's offices during business hours upon written request of the City. 14. Insurance. A. Minimum Scope of Insurance: Contractor agrees to have and maintain, for the duration of the Agreement, General Liability insurance policies insuring him/her and his/her firm to an amount not less than: one million dollars ($1,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage in a form at least as broad as ISO "Occurrence" Form CG 0001. ii. Contractor agrees to have and maintain for the duration of the contract, an Automobile Liability insurance policy in an amount not less than one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage. iii. Contractor agrees to have and maintain, for the duration of the contract, professional liability insurance in amounts not less than one million dollars ($1,000,000) sufficient to insure Contractor for professional errors or -omissions in the performance of the particular scope of work under this agreement. iv. Any deductibles or self-insured retentions must be declared to and approved by the City. B. General and Automobile Liability Policies: The City, its officers, officials, employees and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of Contractor, premises owned or used by the Contractor. The endorsement providing this additional insured coverage shall be equal to or broader than ISO Form CG 20 10 1185 and must cover joint negligence, completed operations, and the acts of subcontractors. This requirement does not apply to the professional liability insurance required for professional errors and omissions. The Contractor's insurance coverage shall be endorsed to be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self -insurances maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. iv. The Contractor's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability. C. In addition to these policies, Contractor shall have and maintain Workers' Compensation insurance as required by California law. Further, Contractor shall ensure that all subcontractors employed by Contractor provide the required Workers' Compensation insurance for their respective employees. D. All Coverages: Each insurance policy required in this item shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Current certification of such insurance shall be kept on file at all times during the term of this agreement with the City Clerk. E. Acceptability of Insurers. Insurance is to be placed with insurers with a Best's rating of no less than A -:VII and authorized to do business in the State of California. F. Verification of Coverage. Upon execution of this Agreement, Contractor shall furnish the City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms approved by the City. All certificates and endorsements are to be received and approved by the City before any work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 15. Indemnification. To the fullest extent permitted by law, the Contractor shall save, keep and hold harmless indemnify and defend the City, its officers, agent, employees and volunteers from all damages, liabilities, penalties, costs, or expenses in law or equity, including but not limited to attorneys' fees, that may at any time arise, result from, relate to, or be set up because of damages to property or personal injury received by reason of, or in the course of performing work which may be occasioned by a willful or negligent act or omissions of the Contractor, or any of the Contractor's officers, employees, or agents or any subcontractor. This provision shall not apply if the damage or injury is caused by the sole negligence or willful misconduct of the City, its officers, agents, employees, or volunteers. 16. Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder, nor does waiver of a breach or default under this Agreement constitute a continuing waiver of a subsequent breach of the same or any other provision of this Agreement. 17. Governing Law. This Agreement, regardless of where executed, shall be governed by and construed to the laws of the State of California. Venue for any action regarding this Agreement shall be in the Superior Court of the County of San Mateo or Santa Clara. 18. Assignability and Subcontracting. The services to be performed under this Agreement are unique and personal to the Contractor. No portion of these services shall be assigned or subcontracted without the written consent of the City. 19. Entire Agreement. This Agreement constitutes the complete and exclusive statement of the Agreement between the City and Consultant. No terms, conditions, understandings or agreements purporting to modify or vary this Agreement, unless hereafter made in writing and signed by the party to be bound, shall be binding on either party. IN WITNESS WHEREOF, the City and Consultant have executed this Agreement as of the date indicated on page one (1). CITY OF BURLINGAME, A Municipal Corporation Mresus ava Fina e Di ctor/Treasurer Approved as to form: City Attorney ATTEST: City Clerk BROWN AND ARMSTRONG, An Accountancy Corporation �Q9.QuY�-^�vrp Ms. Rosalva Flores Principal RESOLUTION NO. 29-2011 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING AND AUTHORIZING THE FINANCE DIRECTOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF BURLINGAME AND BROWN ARMSTRONG ACCOUNTANCY CORPORATION FOR EXTERNAL FINANCIAL AUDITING SERVICES WHEREAS, the City is required by State law to have an annual, independent, external audit of its financial statements to ensure compliance with federal, state and local laws, with generally accepted accounting principles and with pronouncements and standards of the Govenunental Accounting Standards Board (GASB); and WHEREAS, in accordance with the best practices promulgated by the Governmental Finance Officers Association (GFOA), governmental entities in practice enter into multiyear agreements (usually no longer than five [5] years) when obtaining the services of independent auditors, as such agreements allow for greater continuity and minimize the potential for disruption in connection with the independent audit; and WHEREAS, the GFOA best practices also state that a governmental entity should actively seek to replace the external auditor at the end of the multiyear agreement in order to preserve and enhance independence, objectivity and impartiality; and WHEREAS, the accounting firm of Caporicci and Larson has provided external auditing services for the City since 2004 and has performed those duties very well and provided excellent service to the City; and WHEREAS, consistent with the GFOA best practices, the City issued a Request -for -Proposal for external financial auditing services; nine firms submitted qualified proposals, five firms were selected for interviews and, after completion of the review process, the City selected Brown Armstrong Accountancy Corporation as the best qualified firm based on its 37 years of experience in auditing governmental entities; and WHEREAS, Brown Armstrong Accountancy Corporation has agreed to perform external auditing services for the City at a cost of $68,000.00 per year for a total not to exceed three-year cost of $204,000.00, with an option to retain the firm for two additional years; and WHEREAS, Brown Armstrong Accountancy Corporation has the ability, training, expertise experience and willingness to perform the external auditing services for the City of Burlingame for the next three (3) years; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, OF THE CITY OF BURLINGAME AS FOLLOWS: ,9:\Audit RFP\2011\Approvals\Brown Armstrg Acct- audit seu-MSO 4-13-2011.doc 1. The City Council finds that all of the facts recited above and in the staff report are true and correct. 2. The City Council hereby approves, and authorizes the Finance Director to execute, the Agreement with Brown Armstrong Accountancy Inc. to perform annual external auditing services for the City of Burlingame for fiscal years 2010-I1, 2011-12 and 2012-13, with an option, at the City's discretion, to extend the agreement for two additional years, fiscal years 2013-14 and 2014-15, in a form as attached hereto and incorporated herein as Exhibit "A". Terry Na el, Ma or 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 on the 2nd day of May, 2011, and was adopted thereafter by the following vote: AYES; Councilmembers: BAYLOCK, BROWNRIGG, KEAL, KEIGHRAN, NAGEL NOES: Councilmembers: NONE ABSENT: Councilmembers: NONE Mary Ellu Kearney, City Clerk B \Audit H L'\2011\Approvats\Brown Armstrg Amt -audit aerv-RESO 4.13-2011.doe STAFF REPORT AGENDA NO: 8C a MEETING DATE: February17, 2015 To: Honorable Mayor and City Council Date: February 17, 2015 From: William Meeker, Community Development Director— (650) 558-7255 Kathleen Kane, City Attorney — (650) 558-7204 Subject: Adoption of An Ordinance of the City Council of the City of Burlingame Amending Title 25 (Zoning Code) of the Burlingame Municipal Code to Remove the Restrictions on the Number of Food Establishments and Eliminate the Requirement for a Conditional Use Permit for Health Service Uses above the First Floor only in the Broadway Commercial Area within the C-1 Zoning District RECOMMENDATION The City Council should adopt the following ordinance, by title only: "An Ordinance of the City Council of the City of Burlingame Amending Title 25 (Zoning Code) of the Burlingame Municipal Code to Remove the Restrictions on the Number of Food Establishments and Eliminate the Requirement for a Conditional Use Permit for Health Service Uses above the First Floor only in the Broadway Commercial Area within the C-1 Zoning District" DISCUSSION The City Council introduced the ordinance at its February 2, 2015 meeting and held a public hearing on the proposed ordinance. No changes were requested, and it was scheduled for adoption at the February 17, 2015 City Council meeting. The ordinance is attached herewith. The City Council directed staff to monitor the effect of the ordinance on the mix of food establishments within the Broadway Commercial District for a period of one year following the effective date of the ordinance, with a report to the Council at the conclusion of this review period. FISCAL IMPACT None. Exhibit: Ordinance 7 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AMENDING TITLE 25 (ZONING CODE) OF THE BURLINGAME MUNICIPAL CODE TO REMOVE THE RESTRICTIONS ON THE NUMBER OF FOOD ESTABLISHMENTS AND ELIMINATING THE REQUIREMENT FOR A CONDITIONAL USE PERMIT FOR HEALTH SERVICE USES ABOVE THE FIRST FLOOR ONLY IN THE BROADWAY COMMERCIAL AREA WITHIN THE C-1 ZONING DISTRICT The City Council of the City of Burlingame hereby ordains as follows: Division 1. Factual Background WHEREAS, on April 16, 1984, by adopting Ordinance No. 1272 the City Council established the Broadway Commercial Area; and WHEREAS, on October 18, 1999, the City Council adopted regulations limiting the number, type and location of food establishments within the Broadway Commercial Area; and WHEREAS, the community and Broadway merchants expressed interest in reducing or eliminating food establishment restrictions, as well as eliminating the Conditional Use Permit requirement for health services above the ground floor as a result of outreach efforts and a Broadway Community Meeting that was held on October 18, 2014; WHEREAS, the proposed zoning amendments would help promote the vitality of the Broadway Commercial District; WHEREAS, the City Council of the City of Burlingame studied the proposed amendments as described herein on November 3, 2014 and December 1, 2014 and directed staff to proceed with amendments for the Broadway Commercial Area; WHEREAS, after considering all written and oral testimony presented at the January 12, 2015 public hearing regarding the proposed amendments, the Planning Commission voted to recommend to the City Council, adoption of an ordinance amending the C-1 zoning regulations for the Broadway Commercial Area as described herein; WHEREAS, at its regular meeting of February 2, 2015 the Burlingame City Council conducted a duly noticed public hearing to consider the Planning Commission's recommendation to amend the C-1 Zoning regulations for the Broadway Commercial Area and following conclusion of the public hearing and consideration of all written and oral testimony provided during the hearing, introduced an ordinance, by title only, waiving further reading. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES ORDAIN AS FOLLOWS: Division 2. The Burlingame zoning code, Title 25 - Chapter 25.30 C-1 zoning regulations, is amended as follows: 1 ORDINANCE NO. Amend Section 25.30.065 Broadway Commercial Area as follows: Subsection (a) Permitted Uses is amended by adding the following: (1) Health services above the first floor only. Subsection (b) Conditional Uses is amended as follows: (1) Food Establishments; on Gertain sites, subj8Gt t^ the criteria P-stah'shRd seGtoan 25.30.070-, (3)(2) Real estate uses... Subsection (c) Prohibited Uses is amended by adding the following: (3) Health services on the ground floor. Delete Section 25.30.070 Food Establishments in the Broadway Commercial Area in its entirety. Division 3. This ordinance, or a summary as applicable, shall be published as required by law and shall become effective 30 -days thereafter. Terry Nagel, Mayor I, Mary Ellen Kearney, City Clerk of the City of Burlingame, do hereby certify that the foregoing ordinance was introduced at a regular meeting of the City Council held on the 2nd day of February, 2015, and adopted thereafter at a regular meeting of the City Council held on the 17th day of February, 2015, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: 2 Mary Ellen Kearney, City Clerk STAFFREPORT AGENDA NO: 8d a MEETING DATE: February 17, 2015 To: Honorable Mayor and City Council Date: February 17, 2015 From: Syed Murtuza, Director of Public Works — (650) 558-7230 Subject: Adoption of a Resolution Accepting the Electric Vehicle Charging Stations Project by REJ Electric, Inc., City Project No. 84070 Staff recommends that the City Council adopt the attached resolution accepting the Electric Vehicle (EV) Charging Stations Project as constructed by REJ Electric, Inc., for the amount of $50,913. BACKGROUND On September 2, 2014, the City Council awarded the EV Charging Stations Project to REJ Electric, Inc., in the amount of $49,363. The EV Charging Stations Project is part of the City's strategy to promote environmentally sustainable policies and outcomes, to reduce carbon emissions and encourage "green' practices in the Burlingame community. The project consists of the installation of two ChargePoint CT4000 series dual cord commercial grade Level 2 EV charging stations for public use in City Parking Lot V, located at California Drive and Burlingame Avenue, in front of the Burlingame Avenue Caltrain Station. The charging stations are capable of providing electric charge service for up to four EVs simultaneously. DISCUSSION Project construction has been satisfactorily completed in compliance with the specifications contained in the Project Request for Proposal, and approved design plans submitted by the contractor. The final construction cost of the project is $50,913, which is $1,550, or 3.1%, above the original contract amount, and is within the authorized contingencies. The additional cost of $1,550 was due to change orders for the following additional work: • Removal and replacement of approximately 37 square feet of additional sidewalk; Removal and disposal of four old parking meter posts; and • Installation of new sign post. 1 Adoption of Resolution Accepting the Electric Vehicle (EV) February 17, 2015 Charging Stations Project FISCAL IMPACT Estimated Expenditures: The following are the final estimated project expenditures: EV Charging Stations Contract $50,913 PG&E Service $1,229 Contract administration and inspections $12,858 Total Costs $65.000 Funding Availability: The City Council had approved $100,000 for the EV Charging Stations Project, as part of the FY2014-15 Capital Improvements Program budget. Sufficient funds are available in the budget to cover the project costs. Exhibits: • Resolution • Final Progress Payment • EV Charging Stations Project RFP • Project Location Map 2 RESOLUTION NO. - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME ACCEPTING ELECTRIC VEHICLE CHARGING STATIONS PROJECT CITY PROJECT NO. 84070 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 REJ Electric, Inc., under the terms of its contract with the City dated September 2, 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. 84070. 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 17`" day of February, 2015, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: City Clerk N C O N N w b � y u C 4 O a N Q 2 zNV Z o--; m a v 0 O n d E U C L p Uj V a V W Y V _d cc W N U m 0 N N b � u C 4 a N V T Nc ` m v 0 O n d E n W s a n W cc Q N z m w O 0 U a (] `o The City of Burlingame PUBLIC WORKS DEPARTMENT CITY HALL - 501 PRIMROSE ROAD CORPORATION YARD Tel :(650)558-7230 BURLINGAME, CALIFORNIA 94010-3997 Tel:(650) 558-7670. FAX: (650) 685-9310 June 27, 2014 REQUEST FOR PROPOSAL FOR ELECTRIC VEHICLE (EV) CHARGING STATIONS CITY PROJECT NO. 84070 The City of Burlingame ("City") is requesting proposals from qualified firms ("ContractorNendor") to design, furnish, and install two (2) duel cord Commercial Level 2 electric vehicle (EV) charging stations, also known as Electric Vehicle Supply Equipment ("EVSE") and implement a turnkey solution in accordance with the terms, conditions, and specifications as described herein. Proposals should be submitted to the Department of Public Works Engineering, Attention: Syed Murtuza, Director of Public Works, City of Burlingame, 501 Primrose Road, Burlingame, CA 94010 until 5:00 pm on Wednesday, July 23, 2014. The City of Burlingame is a suburban city of approximately 28,000 people in San Mateo County, California. It is located on the San Francisco Peninsula in the heart of San Francisco and Silicon Valley. Burlingame is a sustainable community and continuously striving to reduce our carbon emissions. The City has adopted numerous programs to encourage "green" practices by residents, businesses and in our City operations. The City Council recently reviewed options and feasibility for implementing EVSE stations within the City's downtown area. Per the direction of the Council, the City is interested in the installation of two (2) duel cord commercial - grade Level 2 EVSE stations on City -owned property for public use in Parking Lot V in the downtown area. Parking Lot V is located on California Drive at the intersection of Burlingame Avenue, in front of the Caltrain Burlingame Station. Power source is unavailable at Parking Lot V. However, there is existing PG&E power source nearby. See Exhibit A-1 and A-2 for project location map and aerial of Parking Lot V and Exhibit B for approximate location of power source. SCOPE OF WORK General The project is to implement a turnkey solution, including but not limited to design, furnish, and install two (2) duel cord Level 2 EVSE stations, as well as necessary network and maintenance services. The two (2) EVSE stations will be installed at Parking Lot V, located on California Drive at the intersection of Burlingame Avenue. Following the installation, the Contractor/Vendor shall: • Activate and test the EVSE stations; • Enable and process point of sale transactions; • Implement a network service that would capture data; • Provide customizable detail reports; • Provide flexible billing options; and • Provide maintenance services, customer support, manufacturer's warranty for all EVSE equipment, hardware, and software. Level 2 EVSE Technical Specifications All Level 2 EVSE stations shall meet, at a minimum, the following specifications and requirements: 1. UL Certified and compliant with SAE J1772 specifications; 2. Compliant with National Electrical Code and FCC regulations for safety and operation requirements; 3. Americans with Disabilities Act (ADA) compliant; 4. Rated for outdoor usage, NEMA 3R or better; 5. Input current of 208/240VAC at 16 Amps per side, maximum 32 Amps; 6. Output charging power of 6kW per side at 208/240 VAC; 7. Electrical output of 16 Amps per side, maximum 32 Amps; 8. Ability to fully charge an EV such as a Nissan Leaf within 4 to 8 hours; 9. Operating temperature range: 0 to 122 °F; 10. Standby Power of l OW; 11. Ground fault detection of 20mA CCID with auto retry; 12. Terminal Block Temperature Rating of more than 211 °F. 13. Charge connector shall be SAE J1772 with a minimum 25 -foot self -retractable cable; 14. LED status indicators; 15. Capable of accepting and processing point of sale transaction payments of all major credit cards and ATM cards through secure system compliant with Payment Card Industry Data Security Standard (PCI DSS); 16. Measurement and data capture of real-time statistics and energy use; 17. Capable of multiple modes of communications including wireless, cellular, and LAN; 18. Pedestal -mounted; 19. Stylish and elegant EVSE design; 20. Security design that is both tamper -proof and vandalism -proof, such as tamper-resistant screws, anti -vandalism hardware, locked enclosures, and graffiti -resistant coating; 21. Screen display shall be user-friendly and easy to operate. Displays shall be LCD, LED or equivalent, and shall be readable in direct sunlight and at night. Lighting shall be automatic based on light conditions or programmable for time of day and duration; and 22. Ability to provide customer mobile application services such as station location; charging status notifications, usage data, and receipts. Installation and Electrical Equipment The ContractorNendor shall furnish and install all materials, equipment, and labor required for the installation of two fully operational Level 2 EVSE. This includes, but not limited to all work related to the development of plans and documents for supplying power to EVSE stations per PG&E standards and City requirements. The Contractor/Vendor is also responsible for securing all related permits and coordinating with utility companies and permitting agencies. Following the installation, the ContractorNendor shall activate and test the EVSE stations Signage and Strinin The ContractorNendor shall design, famish, and install signage for the EVSE stations, as approved by the City and install EV parking stall pavement striping and markings per approved plans. The signage and pavement markings must be consistent with industry standards for EVSE, City requirements, and state and federal guidelines. The ContractorNendor shall furnish and install all material, equipment, and labor for EVSE station signage and pavement markings. Maintenance and Communications The successful Contractor/Vendor shall provide maintenance services to ensure all equipment is properly checked, tested, and activated for proper operation. The ContractorNendor shall create a network communications system with a service provider capable of monitoring the EVSE's for any error or malfunction 24 hours a day, seven days a week. Maintenance of the EVSE stations should be performed by local service providers who have the capability and capacity to notify and respond in the following manner and time frame: • The service provider shall be notified of the malfunction and immediately notify the City and/or its staff of such malfunction or operating error within 30 minutes. • In the event of an equipment or hardware malfunction or failure, a maintenance crew shall respond to the site within four (4) hours from the time the issue is reported. Service Providers)/Data Capture The network communications shall, at a minimum, provide the following information for each charging transaction, at each charging location, and must comply with all state and federal regulations: • Charging data such as date and time of usage (start and stop time) and utilization rates; • Total kWh and Total kW draw; • Station status and health in real time; • EV information including Vehicle Identification Number (VIN) • Authorization requests and responses; • Current stored energy load in the battery connected to the charging station; • Maximum amount of energy that will be charged based on battery size; • Greenhouse gas emissions saved; • Malfunction or operating error. The EVSE stations must have capabilities to handle, transfer, and backup data. • Stations needs to be interoperable with cellular based communication system • Stations needs to be equipped with pay for service technology that can do the following: n Be inactivated for free charging periods; and > Have payment option capability for all major credit cards and ATM cards. Product Safety The EVSE stations shall have the ability to stop flow of power when not in use. The system shall have over -current protection to prevent vehicles from drawing too much power. Warran Contractor/Vendor should provide a manufacturer's warranty on all purchased EVSE equipment, hardware, and software for a minimum of five (5) years from the date of acceptance by the City. The warranty must include all materials, equipment, parts, tools, labor and incidentals, as well as all vendor - or manufacturer -recommended upgrades. Warranty shall cover complete repairs or replacements, and site visits, as necessary. For activities covered under the warranty, where possible, the City's preference is to use a local service provider. If there is a failure of the EVSE during the warranty period, the hardware provider shall agree to replace such components or parts within 72 hours of notification. The successful ContractorNendor shall identify any and all local contractor(s) who will be providing all warranty and services to the Level 2 EVSE stations. PROJECT SCHEDULE AND CONTRACTOR/VENDOR SELECTION Schedule for Contractor/Vendor Selection Pre -proposal Meeting ....................... July 9, 2014 at 1:OOPM Proposal Due ................................. July 23, 2014 by 4:OOPM Interview ..................................... August Oh and 7`s, 2014 Selection and Award of Project ........... September 2, 2014 Project Completion ......................... December 1, 2014 The pre -proposal meeting will be held at City Hall, Conference Room B, at 501 Primrose Road, Burlingame, CA 94010. The meeting will be followed by a site visit of Parking Lot V. The meeting is non -mandatory, however, the City highly encourages those who are interested to attend both the office and on site meeting. The dates shown above are tentative. The ContractorNendor shall state in the proposal a commitment to the project schedule outlined above (including project resources). Proposal Requirements The proposal should include the following components. The proposal shall comply with the following criteria. The proposal should be brief and concise. A total of four (4) bound copies of the proposal and one (1) electronic copy on a CD or USB flash drive shall be submitted no later than the time and date referenced in this RFP. 1. Cover letter — The cover letter should reference the title and City project number. The letter should describe the background of the Contractor/Vendor's company and should clearly state the Contractor/Vendor's understanding of the services to be provided. The letter should include the name(s) of the person(s) who will be authorized to represent the ContractorNendor, their title(s) and telephone number(s) and email address(es). An official of the firm who has authority to enter into a contract must sign the cover letter. 2. Executive Summary - The executive summary should provide a synopsis of your overall approach and key points in your Proposal. 3. Experiences — • List past experiences in site planning and implementation of EVSE projects in public agencies. • List the public agency and private sector entities for which you have installed EVSE stations, if any, with the dates of representation for each. Include a brief summary of your responsibilities for each entity listed. • List past experiences of proposed network service provider. 4. Technical Information of the proposed EVSE design, including but not limited to: • Comprehensive specifications (including make, manufacturer, & model numbers of equipment). • Delivery and proposed installation schedule. • Proposed EVSE end consumer rate structure (e.g. charging customers per kWh usage or plug time) and customer method of payment. • Description of energy and data measurement, data access and reporting • Description of the proposed EVSE maintenance program including the location of maintenance facilities, number of staff that will be available for maintenance, and anticipated response times. • Description of ability and staff expertise to provide services including installation, monitoring, and maintenance of EVSE. • Financial incentives - Provide a plan on the cost recovery of electrical power dispensed by the EVSE. • Options for EVSE when the agreement expires (e.g. charging unit removal, transfer of ownership, contract renewal options) and responsible party for any costs incurred (if applicable). 5. Specify your solution for the communication system, your plan to support and export data to City and any related fees. 6. Proposal should include detailed product specifications including all warranties, installation services, support contacts, and other related services. In addition, if the product you are proposing assumes additional products are in place, please specify. 7. List of Subcontractors and Service Providers —The ContractorNendor must provide detailed information regarding the use of subcontractors and service providers under this RFP. The list of subcontractors and service providers must include the subcontractor's and service provider's name, address, phone number and three client references for each. The list should also include a description of the type of work or functionalities each company is providing related to this RFP. 8. Cost Proposal — Submit a detail cost proposal to provide a turnkey solution in implementing two (2) duel cord Commercial Level 2 EVSE in the form of a cost breakdown as follows: i. Design and preparation of specifications and plans, including installation layout, electrical plans, signage, and pavement markings; ii. Furnishing EVSE material and equipment for a complete in place system; iii. Coordination with PG&E and other regulatory agencies to obtain pennit(s), electrical service agreement, and meter installation; iv. Trenching, installation of electrical conduits, and electric connection to supply power for the complete installation and operation of the EVSE stations; V. Testing and commission of the EVSE stations; vi. Installation of signage and pavement markings; vii. Ongoing operational services, including but not limited to data, report, online connectivity and communications; and payment processing; and viii. Maintenance and warranty service; and Provide as an option to the City, the cost for the complete removal of the EVSE stations at the end of the five years. ContractArreement The Contractor/Vendor shall state his or her willingness to accept the terms and conditions in the Contract Agreement for Contract Services attached. This is the City's standard agreement and the ContractorNendor shall list any items which cannot be met and the alternative suggested wording if necessary to ensure proper agreement terms. Insurance Requirements The selected ContractorNendor will be required to furnish evidence of insurance in the amounts as listed below: Commercial General Liability ..................... $1,000,000 combined single -limit each occurrence; $2,000,000 aggregate Professional Liability Insurance .................. $1,000,000 each occurrence Automobile Liability Insurance ................... $1,000,000 per accident Worker's Compensation ........................... Per California State Law Labor Material and Performance Bond Requirements The selected Contractor/Vendor, at the time of the execution of the contract for the work, and at its own expense, should provide: • A performance bond in an amount equal to at least one hundred percent (100%) of the final, negotiated contract amount from a surety authorized to issue such bonds within the State of California as a security for the faithful performance of the contract. • A labor and materials bond in an amount equal to at least one hundred percent (100%) of the final, negotiated contract amount from a surety authorized to issue such bonds within the State of California as a security for the payment of all persons performing labor and furnishing materials in connection with the contract. Samples of the bond forms are enclosed with this RFP. Contractor/Vendor Selection Criteria Proposals received will be evaluated and ranked based on evaluation criteria listed below. A list of Contractors/Vendors will be selected for further evaluation. Contractors/Vendors that are placed on the list on the basis of the evaluation criteria will be considered for the interview process. Evaluation Criteria The City will evaluate each ContractorNendor's proposal on the basis of the overall best values to the City based on quality, service, price, and other criteria set out herein including, but no limited to: • ContractorNendor's experience in design, site planning, and implementation of EVSE project; • Contractor/Vendor's expertise in past performance on similar projects; • ContractorNendor overall profile and experience; • Overall system proposed; • Competitive pricing and operational cost; and • Ability of meet specifications in a timely and responsive manner. AWARD OF CONTRACT Negotiations will be held with the Contractor/Vendor ranked most qualified by the evaluation committee on the basis of the proposal and interview. The City will negotiate the agreement with the most qualified Contractor/Vendor. After negotiation, the final agreement will be presented to the City Council for approval. The ContractorNendor must be prepared to immediately begin working on the project after approval of the agreement. Should the City be unable to reach an agreement with the most qualified ContractorNendor, negotiations will commence with the next most qualified ContractorNendor. This process will continue until a satisfactory contract is negotiated. The City exercises its right to reject any and all proposals. Conditions ofAward It is the intent of the City to award to the most responsive firm provided the proposal has been submitted in accordance with the requirements of this RFP document, judged to be fair and reasonable. The City shall be the sole judge of the firm's qualifications, and to determine whether the proposal is in the best interests of the City. The City may conduct such investigations, as the City considers necessary to assist in the evaluation of any proposal and to establish the responsibility, qualifications and financial ability of the offers and award in accordance with the RFP documents to the City's satisfaction within the prescribed time. The City may consider, but not be limited to, operating costs, maintenance requirements, performance data, and guarantees of materials and equipment as part of its evaluation. The City shall have the right in its sole discretion to terminate the award with or without cause. AMENDMENTS TO THIS REQUEST FOR PROPOSAL The City reserves the right to amend this RFP by an addendum at any time prior to the date set for receipt of proposals. Addenda or amendments will be available at City Hall and shall be the responsibility of the firm to obtain all addenda. If revisions are of such a magnitude to warrant, in the City's opinion, the postponement of the date for receipt of proposals, an addendum will be issued announcing the new date. ADDITIONAL INFORMATION Proposals will be considered only from funis that are well established in an appropriate business, who are financially responsible, and who have the resources and ability to offer services in a professional and expedient manner. The City reserves the right to be the sole judge of these criteria. The City may request additional information as deemed necessary. Failure to provide such information may result in the proposal being considered incomplete. The City of Burlingame reserves the right to reject any and all proposals, to waive any informality in the proposals received, and to accept the proposal deemed most advantageous to the City. Submitted four (4) bound copies of the proposal and one (1) electronic copy on a CD or USB flash drive to: Syed Murtuza Director of Public Works City of Burlingame 501 Primrose Road Burlingame, CA 94010 For questions and additional information about this Request for Proposal the Public Works Department at (650) 558-7230. of Public Works Enclosed: • Exhibit A-1, A-2, and B • Sample Faithful Performance Bond • Sample Labor and Material Person's Bond • Sample of Standard Agreement 8 VICINITY MAP NOT TO SCALE Se PSE 'yqA 311a m (q0� LF F tiF o gLFLF F( �� STFR O EXHIBIT A-1 PROJECT LOCATION MAP o z O 9P'2 oP �P I� o 0 y0 F �OV 9Ty9 Q J 1 ` 1 y PJ O o� s�N H VFL�h Oki.\7 G'q� Alf, ATf[ 0 4 ,91V QJF Go A AVSF< o � PROJECT LOCATION PJB �J RD v LOCATION MAP NOT TO SCALE LANG RD MAL 1 N 6"NN A.j I I v U L O V) Q) 0 - y ,+N X W O 4-1U m i U N W 06 d m 21 dog 2 At cb4 �0*1 R+ BWe) FA `�Ca9�s�1'Oft d ti �b _ b v k N O ?4 U L ti Ci �t W 21 dog 2 At cb4 �0*1 R+ BWe) FA `�Ca9�s�1'Oft d ti �b BOND FOR SECURITY OF LABORERS AND MATERIALPERSONS — SAMPLE WHEREAS, the City Council of the City of Burlingame, State of California, and (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated , 20, and identified as PROJECT # is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Burlingame to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, said Principal and the undersigned as Corporate Surety, are held firmly bound unto the City of Burlingame and all Contractors, subcontractors, laborers, material persons and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code in the sum of dollars ($ ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. BOND AGREEMENT IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on 120 PRINCIPAL Address SURETY Ln NOTE: Attach notary acknowledgement for signatures of those executing for Principal and Surety BOND AGREEMENT FAITHFUL PERFORMANCE BOND—SAMPLE WHEREAS, the City Council of the City of Burlingame, State of California, and (herein designated as "Principal") have entered into an Agreement whereby Principal agrees to construct and complete certain designated public improvements, which said agreement, dated 20 , and identified as PROJECT # is hereby referred to and made a part hereof. and WHEREAS, said Principal is required under the terms of said Agreement to furnish a bond of the faithful performance of said Agreement. NOW, THEREFORE, we, the Principal and as Surety, are held and firmly bound unto the City of Burlingame (hereinafter called "City"), in the penal sum of dollars ($ ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, formally by these presents. The condition of this obligation is such that if the above bounded Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its offices, agents and employees, as therein stipulated, and this obligation shall become null and avoid; otherwise it shall be and remain in full force and effect. Principal and Surety further agree that upon City's final acceptance of the work, ten percent (10 %) of this bond shall remain in effect to guarantees the repair and/or replacement of defective materials and/or workmanship, two years after City's final acceptance of the work. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or BOND AGREEMENT addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on 20 PRINCIPAL In Address SURETY Address NOTE: Attach notary acknowledgement for signatures of those executing for Principal and Surety. BOND AGREEMENT SAMPLE AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES WITH CONSULTANT NAME FOR ELECTRICAL VEHICLE (EV) CHARGING STATIONS CITY PROJECT NO. 84070 THIS AGREEMENT is entered into this day of 2014, by and between the City of Burlingame, State of California, herein called the "City", and CONSULTANT NAME engaged in providing TURNKEY SOLUTION IMPLEMENTATION services herein called the "Consultant". RECITALS A. The City is considering conducting undertaking activities for the turnkey solution implementation services for the Electrical Vehicle (EV) Charging Stations project. B. The City desires to engage a professional vendor to implement turnkey solution services because of Consultant's experience and qualifications to perform the desired work, described in Exhibit A. C. The Consultant represents and affirms that it is qualified and willing to perform the desired work pursuant to this Agreement. AGREEMENTS NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Scope of Services. The Consultant shall provide all services asset forth in Exhibit A of this agreement. 2. Time of Performance. The services of the Consultant are to commence upon the execution of this Agreement with completion of all work as set forth in Exhibit A. 3. Compliance with Laws. The Consultant shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws. Consultant represents and warrants to City that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, and approvals Page 1 of 8 which are legally required for Consultant to practice its profession. Consultant shall maintain a City of Burlingame business license. 4. Sole Responsibility. Consultant shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement. 5. Information/Report Handling. All documents furnished to Consultant by the City and all reports and supportive data prepared by the Consultant under this Agreement are the City's property and shall be delivered to the City upon the completion of Consultant's services or at the City's written request. All reports, information, data, and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential until released by the City to the public, and the Consultant shall not make any of these documents or information available to any individual or organization not employed by the Consultant or the City without the written consent of the City before such release. The City acknowledges that the reports to be prepared by the Consultant pursuant to this Agreement are for the purpose of evaluating a defined project, and City's use of the information contained in the reports prepared by the Consultant in connection with other projects shall be solely at City's risk, unless Consultant expressly consents to such use in writing. City further agrees that it will not appropriate any methodology or technique of Consultant which is and has been confirmed in writing by Consultant to be a trade secret of Consultant. 6. Compensation. Compensation for Consultant's professional services shall not exceed $XXX,XXX.XX; and payment shall be based upon City approval of each task. Billing shall include current period and cumulative expenditures to date and shall be accompanied by a detailed explanation of the work performed by whom at what rate and on what date. Also, plans, specifications, documents or other pertinent materials shall be submitted for City review, even if only in partial or draft form. 7. Availability of Records. Consultant shall maintain the records supporting this billing for not less than three (3) years following completion of the work under this Agreement. Consultant shall make these records available to authorized personnel of the City at the Consultant's offices during business hours upon written request of the City. 8. Project Manager. The Project Manager for the Consultant for the work under this Agreement shall be . TITLE. Page 2 of 8 9. Assignability and Subcontracting. The services to be performed under this Agreement are unique and personal to the Consultant. No portion of these services shall be assigned or subcontracted without the written consent of the City. 10. Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to: To City: Director of Public Works City of Burlingame 501 Primrose Road Burlingame, CA 94010 To Consultant: Name Company Name Address or personally delivered to Consultant to such address or such other address as Consultant designates in writing to City. 11. Independent Contractor. It is understood that the Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and not an agent or employee of the City. As an independent contractor he/she shall not obtain any rights to retirement benefits or other benefits which accrue to City employee(s). With prior written consent, the Consultant may perform some obligations under this Agreement by subcontracting, but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement. Consultant agrees to testify in any litigation brought regarding the subject of the work to be performed under this Agreement. Consultant shall be compensated for its costs and expenses in preparing for, traveling to, and testifying in such matters at its then current hourly rates of compensation, unless such litigation is brought by Consultant or is based on allegations of Consultant's negligent performance or wrongdoing. 12. Conflict of Interest. Consultant understands that its professional responsibilities is solely to the City. The Consultant has and shall not obtain any holding or interest within the City of Burlingame. Consultant has no business holdings or Page 3 of 8 agreements with any individual member of the Staff or management of the City or its representatives nor shall it enter into any such holdings or agreements. In addition, Consultant warrants that it does not presently and shall not acquire any direct or indirect interest adverse to those of the City in the subject of this Agreement, and it shall immediately disassociate itself from such an interest should it discover it has done so and shall, at the City's sole discretion, divest itself of such interest. Consultant shall not knowingly and shall take reasonable steps to ensure that it does not employ a person having such an interest in this performance of this Agreement. If after employment of a person, Consultant discovers it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement, Consultant shall promptly notify City of this employment relationship, and shall, at the City's sole discretion, sever any such employment relationship. 13. _Egual Employment Opportunity. Consultant warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Neither Consultant nor its subcontractors do and neither shall discriminate against persons employed or seeking employment with them on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment & Housing Act. 14, Insurance. A. Minimum Scope of Insurance: i. Consultant agrees to have and maintain, for the duration of the contract, Commercial General Liability insurance policies insuring him/her and his/her firm to an amount not less than: One million dollars ($1,000,000) combined single limit per occurrence and two million dollars ($2,000,000) aggregate for bodily injury, personal injury and property damage in a form at least as broad as ISO "Occurrence" Form CG 0001. ii. Consultant agrees to have and maintain for the duration of the contract, an Automobile Liability insurance policy ensuring him/her and his/her staff to an amount not less than one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage. Page 4 of 8 iii. Consultant agrees to have and maintain, for the duration of the contract, professional liability insurance in amounts not less than one million dollars ($1,000,000) each claim/aggregate sufficient to insure Consultant for professional errors or omissions in the performance of the particular scope of work under this agreement. iv. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. B. General and Automobile Liability Policies: i. The City, its officers, officials, employees and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of Consultant, premises owned or used by the Consultant. The endorsement providing this additional insured coverage shall be equal to or broader than ISO Form CG 2010 1185 and must cover joint negligence, completed operations, and the acts of subcontractors. This requirement does not apply to the professional liability insurance required for professional errors and omissions. ii. The Consultant's insurance coverage shall be endorsed to be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self -insurances maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. Page 5 of 8 iv. The Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability. C. In addition to these policies, Consultant shall have and maintain Workers' Compensation insurance as required by California law. Further, Consultant shall ensure that all subcontractors employed by Consultant provide the required Workers' Compensation insurance for their respective employees. D. All Coverages: Each insurance policy required in this item shall be endorsed to state that coverage shall not be canceled except after thirty (30) days' prior written notice by mail, has been given to the City (10 days for non-payment of premium). Current certification of such insurance shall be kept on file at all times during the term of this agreement with the City Clerk. E. Acceptability of Insurers: Insurance is to be placed with insurers with a Best's rating of no less than A -:VII and authorized to do business in the State of California. F. Verification of Coverage: Upon execution of this Agreement, Contractor shall furnish the City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms approved by the City. All certificates and endorsements are to be received and approved by the City before any work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 15. Indemnification. To the fullest extent permitted by law, (including without limitation, California Civil Code sections 2782 and 2782.6), Consultant shall save, keep and hold harmless indemnify and defend the City, its officers, employees, authorized agents and volunteers from all damages, liabilities, penalties, costs, or expenses in law or equity, including but not limited to attorneys' fees, that may at any time arise, result from, relate to, or be set up because of damages to property or personal injury received by reason of, or in the course of performing work which arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, or any of the Page 6 of 8 Consultant's officers, employees, or agents or any subconsultant. This provision shall not apply if the damage or injury is caused by the sole negligence, active negligence, or willful misconduct of the City, its officers, agents, employees, or volunteers. 16. Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder, nor does waiver of a breach or default under this Agreement constitute a continuing waiver of a subsequent breach of the same or any other provision of this Agreement. 17. Governina Law. This Agreement, regardless of where executed, shall be governed by and construed under the laws of the State of California. Venue for any action regarding this Agreement shall be in the Superior Court of the County of San Mateo. 18. Termination of Agreement. The City and the Consultant shall have the right to terminate this agreement with or without cause by giving not less than fifteen (15) days written notice of termination. In the event of termination, the Consultant shall deliver to the City all plans, files, documents, reports, performed to date by the Consultant. In the event of such termination, City shall pay Consultant an amount that bears the same ratio to the maximum contract price as the work delivered to the City bears to completed services contemplated under this Agreement, unless such termination is made for cause, in which event, compensation, if any, shall be adjusted in light of the particular facts and circumstances involved in such termination. 19. Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the City and the Consultant. 20. Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, as well as costs not to exceed $7,500 in total. 21. Entire Agreement. This Agreement constitutes the complete and exclusive statement of the Agreement between the City and Consultant. No terms, conditions, understandings or agreements purporting to modify or vary this Agreement, unless hereafter made in writing and signed by the party to be bound, shall be binding on either party. Page 7 of 8 IN WITNESS WHEREOF, the City and Consultant have executed this Agreement as of the date indicated on page one (1). City of Burlingame "Consultant' Syed Murtuza Company Name Director of Public Works Print Name: Title: Approved as to form: City Attorney — Kathleen Kane ATTEST: City Clerk - Mary Ellen Kearney Page 8 of 8 Addemdum No. 1 Page 1 The City of Burlingame PUBLIC WORKS DEPARTMENT CITY HALL- 501 PRIMROSE ROAD CORPORATION YARD Td :(650) 558-7230 BURLINGAME, CALIFORNIA 94010-3997 Td:(650) 558-7670 FAX: (650) 685-9310 July 16, 2014 ELECTRIC VEHICLE (EV) CHARGING STATIONS CITY PROJECT NO. 84070 ADDENDUM NO. 1 Notice is hereby given that the following revisions, corrections, and clarifications are hereby made a part of the requirements of the Request for Proposal (RFP): 1. Installation and Electrical Equipment under SCOPE OF WORK is replaced with the following: The ContractorNendor shall design, furnish, and install all work, materials, equipment, and labor required for two dual cord fully operational Level 2 EVSE. This includes, but not limited to the following: • Provide full design services to supply underground electrical power to the proposed EVSE stations; • Develop complete construction ready plans and documents for supplying power to EVSE stations per PG&E standards and City requirements; • Secure all related permits and coordinating with utility companies and permitting agencies; • Activate and test the EVSE stations once installation of the proposed EVSE stations is complete. 2. Exhibit B of the RFP is modified with corrections, clarifications, and additional information. Assume the information provided in the revised Exhibit B, dated July 16, 2014 is correct for the purpose of developing the cost proposal. 3. See attached Exhibit C for approximate location of City own property line at Parking Lot V. QUESTIONS AND CLARIFICATIONS Question 1: Has the PG&E application process started for the proposed project? Answer 1: The City will initiate the PG&E application process for the proposed EVSE stations. As part of the RFP Scope of Work, the ContractorNendor will assist the Addemdum No. 1 Page 2 City with the application process and coordinate with PG&E and other regulatory agencies to ensure required permit(s), electrical service agreement(s), and meter installation are completed. Question 2: Does the proposal have to be for two (2) duel cord Level 2 stations? Can the Contractor/Vendor propose four (4) individual stations instead? Answer 2: The proposal should include information for two (2) duel cord Level 2 stations per the RFP. The Contractor/Vendor may include information for four (4) individual Level 2 charging stations for the City to review. The City reserves the right to select and award for either two (2) duel cord or four (4) individual Level 2 charges. Question 3: Is the City expecting to increase the number of charging stations at Parking Lot V in the future? Answer 3: At this time, the assumed available PG&E power supply under this RFP is a maximum of 200AMP . The City reserves the right to seek options of future EVSE station increases if the Contractor/Vendor would like to submit an optional cost proposal for the added work to increase existing PG&E power supply. However, it is the Contractor/Vendor's responsibility to obtain any additional information required for this optional cost proposal. Question 4: What is the available voltage at the proposed location? Answer 4: The closest available secondary voltage near the proposed location is 120/240 V, single phase. Please see attached revised Exhibit B, dated July 16, 2014. Question 5: Is the existing 2 -inch conduit shown on Exhibit B empty? Answer 5: Assume for the purpose of this RFP that the existing 2 -inch is full and not available for use. PG&E will require the installation of a new 3 -inch conduit per PG&E requirements and standards. Please see revised Exhibit B, dated July 16, 2014, for important information regarding the electrical portion of the work and restraints. Assume PG&E will then pull three wires, two hots and a neutral, to the meter pedestal. Question 6: What does the existing 2 -inch conduit/service feed? Answer 6: Assume for the purpose of this RFP that the 2 -inch conduit/service feeds the Caltrain Station, which is not own by the City of Burlingame. Question 7: Will the City allow trenchless method for construction? Answer 7: The City will consider trenchless method for installation of the electrical conduits. The Contractor/Vendor shall submit plans for review and approval for any proposed method of construction. Addemdum No. l Page 3 Question 8: Will the City allow for nighttime construction work? Answer 8: The City will consider allowing night time construction work for the installation of the electrical conduit if it serves to the best interest of pedestrian and vehicular safety. Question 9: Are there any construction hour restrictions? Answer 9: All construction work shall begin no earlier than 9:00 AM and be completed by 5:00 PM. Monday through Friday. If the Contractor works outside of the hours, he will be responsible for paying additional Engineering and Inspector time. Any work on weekends or holidays shall be submitted in writing for approval, The Contractor will be responsible for all City costs associated with the inspection on weekends or holidays. Please note that the proposal due date of Wednesday, July 23, 2014 at 5:00 PM has not changed. This Addendum No. 1 consists of five (5) pages. All proposals shall indicate in the cover letter of the proposal, acknowledgement of the receipt of Addendum No. 1. It is the responsibility of the CoutactorNendor to notify all parties from whom he/she accepts proposals for all changes in the Request for Proposal. Failure to acknowledge the receipt of Addendum No. 1 in the proposal cover letter may constitute ground for rejection of the proposal. Very truly yours, of Public Works Enclosed: • Revised Exhibit B, dated July 16, 2014 • Exhibit C 0 sob " e e o o N C n O rl o �J N cn L 0. �3 x c a0.�in Q. QQ f� •1 J;. C 4 U V N N U y -00U O c x c_ W�yy 0. r 0 O "L �+ 04 U p, M S 0. O o 0 " e e o o N C n O rl o �J N cn L 0. �3 x c a0.�in Q. QQ f� •1 J;. 0 16 y 0 k " e e o o n o �J � a o 16 y 0 k s i � W N O N — m W ,m G O C7 -00 i 2 N ra a N w o 0 I° J COI "0 - W OJ (6 C i : : 4 *' v 7 C O a v U W obi 0 U C7 O i d N N O W w 1 O > 0 W + v L/) v N � U O 0 CL CL O i0 V) L m Cl- U M N Z O a Z O� 00 v Z > U LuW W J d U W U U W J W 9 BURL�ryGgtilE STAFF REPORT AGENDA NO: He MEETING DATE: February 17, 2015 To: Honorable Mayor and City Council Date: February 17, 2015 From: Sigalle Michael, Sustainability Coordinator, 650-558-7261 Subject: Adoption of a Resolution Authorizing the City's Participation in the Institute for Local Government's Beacon Award: Local Leadership toward Solving Climate Change RECOMMENDATION Staff recommends that the City Council adopt the attached resolution supporting the City's participation in the Institute for Local Government's (ILG) Beacon Award: Local Leadership toward Solving Climate Change Recognition program (Beacon Award). BACKGROUND The Beacon Award is an opportunity for the City to showcase its efforts to promote sustainability and reduce greenhouse gas (GHG) emissions. Burlingame is well-positioned to participate in the Beacon Award. The Council has demonstrated its commitment to climate action and sustainability in multiple ways. For example, the City was an early player in the Bay Area by adopting a climate action plan in 2009; and a climate action plan update will be integrated into the City's upcoming general plan update process. The City conducted several municipal energy efficiency audits and initiatives; installed electric vehicle charging stations; adopted a Property Assessed Clean Energy (PACE) financing program and is considering two additional PACE programs; and is participating in the Peninsula Sunshares bulk solar energy procurement program. The City also created and recently filled a Sustainability Coordinator position. The Sustainability Coordinator is tasked with advancing the City's sustainability initiatives and reducing greenhouse gas emissions. The Sustainability Coordinator will be the lead contact for the Beacon Award. The City/County Association of Governments of San Mateo (C/CAG) is assisting cities with the Beacon Award. The cities of San Mateo, Redwood City, Brisbane, Foster City, San Carlos, Daly City, Millbrae, and Portola Valley are all at various stages of the participation process. ILG established the Beacon Award to recognize and highlight cities and counties that reduce GHG emissions and promote sustainability. ILG is a non-profit research and education affiliate of the League of California Cities and the California State Association of Counties. The Beacon Award is funded by the California utility ratepayers and is administered by multiple utilities including PG&E. 1 Beacon Award February 17, 2014 To participate in the Beacon Award, cities and counties must demonstrate their commitment by adopting a resolution to participate in the program; prepare or commit to prepare a GHG inventory for agency facilities and community -wide; prepare or commit to prepare a climate action plan; and achieve measureable greenhouse gas reductions and energy savings in agency facilities and community -wide. Participating cities and counties will be recognized with the Silver, Gold or Platinum Beacon Award for achieving specific measurable GHG reductions and energy savings and implementing Best Practice Areas. (ILG identifies ten best practice areas such as Green Building and Efficient Transportation.) The Silver Beacon Award requires a demonstrated 5 percent reduction in agency and community greenhouse gas emissions; the Gold Beacon Award requires a 10 percent reduction for each; and the Platinum Beacon Award requires a 20 percent reduction. Participating cities and counties must also demonstrate actions taken to save energy and implement each of the ten Best Practice Areas. There is no deadline or timeline for meeting award level criteria; awards will be given out on an ongoing basis. Participants will be asked to provide updates on their efforts to reduce greenhouse gas emissions and progress in undertaking the Best Practices Areas, GHG inventory, and climate action plan. ILG will highlight participants' accomplishments and offer appropriate and visible recognition and tributes. Additional information about the program may be found at www.ca- ilq.or-q/BeaconAward. FISCAL IMPACT No fiscal impact. Exhibit: Resolution 2 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE CITY'S PARTICIPATION IN THE INSTITUTE FOR LOCAL GOVERNMENT'S BEACON AWARD: LOCAL LEADERSHIP TOWARD SOLVING CLIMATE CHANGE WHEREAS, The City of Burlingame is undertaking policies, programs, and activities to reduce greenhouse gas emissions and save energy; and WHEREAS, these policies, programs, and activities conserve natural resources, save energy and money, and promote sustainable land use and transportation planning in the community; and WHEREAS, cities and counties statewide are leading by example by adopting innovative sustainability program and policies, including working with community residents, business groups, and others; and WHEREAS, the City of Burlingame will be updating its 2009 Climate Action Plan as part of the City's General Plan Update and will continue to implement climate actions and energy saving initiatives; and WHEREAS, the City of Burlingame wishes to expand these activities, share its experiences with other communities, and be recognized for its accomplishments; and WHEREAS, the Beacon Award: Local Leadership Toward Solving Climate Change is a voluntary program of the Institute for Local Government, the non-profit research and education affiliate of the California State Association of Counties and the League of California Cities; and WHEREAS, participating in the Beacon Award is an opportunity for the City of Burlingame to be recognized for its efforts to promote sustainability, reduce greenhouse gas emissions, and save energy. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME RESOLVES AS FOLLOWS: 1. That the City of Burlingame agrees to participate in the Beacon Award: Local Leadership Toward Solving Climate Change. 2. That the City of Burlingame will work toward achieving the Silver, Gold or Platinum Beacon Award level. 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 17`h day of February, 2015, and was adopted thereafter by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: Mary Ellen Kearney, City Clerk a�R STAFF REPORT AGENDA NO: 8f MEETING DATE: February 17, 2015 To: Honorable Mayor and City Council Date: February 17, 2015 From: Sigalle Michael, Sustainability Coordinator, 650-558-7261 Subject: Adoption of a Resolution Authorizing the City's Participation in a Feasibility Study of a Community Choice Aggregation Program for San Mateo Countv RECOMMENDATION Staff recommends that the City Council adopt the attached resolution committing the City to participate in a feasibility study of a Community Choice Aggregation Program for San Mateo County; and therefore allow the County to request the City's electric load data from PG&E. San Mateo County has identified Community Choice Aggregation (CCA) as a promising strategy to meet local clean energy goals and reduce greenhouse gas emissions. CCA allows local governments to purchase electric power from clean sources, such as solar and wind, for residential and commercial customers in their jurisdiction in partnership with Pacific Gas & Electric (PG&E). Under a CCA, PG&E would continue to deliver electricity to the City of Burlingame's residential and commercial customers. California Assembly Bill 117, passed in 2002, allows California cities and counties to pool the electric load of their residents, businesses, and public facilities to purchase and develop clean electricity. To date, two CCAs are operating in northern California: Marin Clean Energy and Sonoma Clean Power. Marin Clean Energy and Sonoma Clean Power electricity rates are competitive with PG&E, and each CCA has achieved significant greenhouse gas reductions. Alameda and Santa Clara counties are investigating CCA for its economic and environmental potential in their communities. CCA programs exist in several other states as well. The San Mateo County Board of Supervisors is undertaking a technical study to assess the potential of CCA in San Mateo County. The county -wide technical study will examine the current electrical load, the number of potential customers, projected economic impacts, and various clean energy options and greenhouse gas reduction scenarios. The technical study will also help determine whether or not the CCA can provide electricity rates competitive with PG&E rates, an essential element in the decision to move forward. To be as comprehensive as possible, the County is requesting load data for all 20 cities in the county. The San Mateo Office of Sustainability can submit a single load data request to PG&E provided it receives consent from each City willing to be included in the study area. 1 Community Choice Aggregation February 17, 2014 DISCUSSION San Mateo County has requested the City of Burlingame's commitment to participate in a feasibility study for CCA in the County. Authorizing the City's commitment would permit San Mateo County to request Burlingame's electric energy load data from PG&E. In adopting the resolution to participate in the feasibility study, Burlingame is not obligated to pursue any alternative electricity procurement through a CCA program. In addition, Burlingame will not bear any of the costs associated with the load data request or the technical study. The City of Burlingame is committed to sustainability and reducing greenhouse gas emissions. The CCA feasibility study will help the City understand the economic and environmental opportunities of participating in a CCA, including the potential to reduce greenhouse gas emissions and support the local development of clean energy. The CCA feasibility study will inform the City's upcoming Climate Action Plan update as part of the City's General Plan Update process and help guide the City in achieving local and state greenhouse gas emission targets. FISCAL IMPACT No fiscal impact. Exhibit: • Resolution 2 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE CITY'S PARTICIPATION IN A FEASIBILITY STUDY OF A COMMUNITY CHOICE AGGREGATION PROGRAM FOR SAN MATEO COUNTY WHEREAS, the City of Burlingame has demonstrated its commitment to an environmentally sustainable future through its policy goals and actions, including energy reduction and the adoption of clean energy and sustainability programs; and WHEREAS, the County of San Mateo has identified Community Choice Aggregation as a promising strategy to meet local clean energy goals and projected greenhouse gas reduction targets; and WHEREAS, Community Choice Aggregation is a mechanism by which local governments assume responsibility for providing electrical power for residential and commercial customers in their jurisdiction in partnership with Pacific Gas & Electric Co. (PG&E); and WHEREAS, Community Choice Aggregation, if determined to be technically and financially feasible, could provide substantial environmental and economic benefits to all residents and businesses in Burlingame; and WHEREAS, Community Choice Aggregation also provides the opportunity to fund and implement a wide variety of energy-related programs of interest to the community; and WHEREAS, determining technical and financial feasibility and public support requires the analysis of energy load data from PG&E and a focused stakeholder education and outreach effort. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME RESOLVES AS FOLLOWS: 1. The City of Burlingame indicates its commitment to participate in the feasibility phase of Community Choice Aggregation (CCA) in partnership with San Mateo County without obligation of the expenditure of any of the General Funds of Burlingame unless otherwise authorized by the City Council. 2. The City Manager is authorized to provide the appropriate documents to allow the County and/or its technical consultants to request energy usage/load data from PG&E so that it may be analyzed as part of a countywide CCA technical study. 3. The City of Burlingame may choose to participate in an inter -jurisdictional CCA Steering Committee (if one is formed) and may authorize staff to participate in the CCA technical study. 4. Adoption of this resolution in no way binds or otherwise obligates the City of Burlingame to participate in CCA, unless it so chooses by passage of a City ordinance. 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 17'" day of February, 2015, and was adopted thereafter by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: Mary Ellen Kearney, City Clerk BURLINGAME STAFF REPORT To: Honorable Mayor and City Council Date: February 17, 2015 From: Kathleen Kane, City Attorney — (650) 558-7204 AGENDA NO: 9a MEETING DATE: February 17, 2015 Subject: Extension of an Urgency Moratorium on New Applications for Massage Establishments RECOMMENDATION Staff recommends that the City Council consider extension of an urgency moratorium on new applications for massage establishments. 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 temporary moratorium. This motion would require 4 affirmative votes. BACKGROUND Council adopted a temporary moratorium on new applications for massage establishments at its January 5, 2015 meeting. Under Government Code § 65858, an initial urgency moratorium runs for 45 days, and then must be renewed in order to remain in effect. Such an ordinance may be renewed for a period of 10 months and 15 days under § 65858(a), and for an additional term of one year thereafter. Any extension must be based on a continuation of the circumstances that originally required the moratorium to be adopted, and must be further supported by a report explaining the circumstances justifying the moratorium and the steps taken by the City to alleviate the need for the moratorium as of the date of the extension. This staff report serves as the required report. DISCUSSION In 2009, the State legislature enacted sweeping revisions to local governments' ability to regulate massage establishments. Last year, the Council adopted an ordinance to come into compliance with that law. In essence, the 2009 legislation prevented local governments from exercising significant regulatory authority over any massage establishment where practitioners were licensed by the newly created California Massage Therapy Council. 1 Massage Establishment Moratorium February 17, 2015 The impacts of the 2009 legislation were large. Many cities experienced a proliferation of massage establishments, some of which operated as cover for illicit activities. Acknowledging pressure from local jurisdictions, the State legislature recently altered the regulatory landscape for the massage industry again — this time restoring some, but not all, of the powers previously exercised by local government in regulating massage establishments. The new law, known as AB 1147, went into effect on January 1, 2015. Under AB 1147, cities again have land use authority to regulate the massage industry. However, that authority is limited in some areas and unclear in others. Across the state, cities are evaluating the new law and enacting a range of ordinances in response. Several are enacting or considering moratoria. Cities are empowered to enact temporary urgency moratoria as an extension of their powers to regulate land use, where such moratoria are necessary to protect the public safety, health and welfare. The public health, safety, and welfare are directly affected by illicit activities, including prostitution and human trafficking, that can occur under the guise of massage businesses. The new state law removes one structure for regulating massage businesses without establishing a clear substitute. Criminal and human rights violations with a direct impact on public safety and welfare could occur in the regulatory void created by the change in state mandates unless the proposed moratorium is enacted. The moratorium extension would give the City time to ensure that Burlingame's approach takes into account regional responses to the legislation and the City's own assessment of its zoning and public safety needs. The City has an interest in conducting this review in an expedited manner, in order to ensure a minimum of disruption to legitimate massage businesses seeking to locate in the City. Staff does not anticipate requiring the full potential ten months of the extension to the moratorium under consideration here. Since adoption of the original moratorium, Supervisor Tissier and County staff approached San Mateo County City Managers and urged the cities to adopt a version of the County's massage regulation ordinance. The County has been largely successful in moving illegitimate massage establishments out of the unincorporated areas within its jurisdiction. The City Attorney has reached out to County Counsel to discuss their model, which was adopted prior to AB 1147, to determine if cooperation is possible. The County model omits certain items, including land use and zoning regulations, that the City may wish to incorporate in light of AB 1147. The County model does contain an administrative review provision, which may help to speed enforcement, however, and the City Attorney is investigating whether this administrative review mechanism may be used by Burlingame. The City Attorney is working with neighboring cities to determine whether certain common provisions would help enhance enforcement. This process is ongoing and requires further exploration. However, if a coordinated approach does not emerge in a reasonable time frame, Burlingame may go ahead with its own regulations in a timely manner to ensure that legitimate businesses are not unduly delayed in opening in the City. 2 Massage Establishment Moratorium February 17, 2015 The adoption of the extended moratorium is not a project, as defined by California Environmental Quality Act Guidelines Section 15378, because it has no potential for resulting in physical change to the environment, directly or indirectly. It is a temporary limitation only on certain approvals. FISCAL IMPACT None. Exhibit: • Proposed Urgency Ordinance Is) 'N, 01Gh[QaaEel AN INTERIM ORDINANCE OF THE CITY OF BURLINGAME PROHIBITING THE ESTABLISHMENT AND OPERATION OF NEW MASSAGE ESTABLISHMENTS WITHIN THE CITY WHEREAS California State law changed in 2009 to remove most local governmental authority to regulate the massage industry; and WHEREAS the City enacted changes to its Municipal Code in 2013 to bring it in alignment with those changes; and WHEREAS the State legislature recently passed AB 1147, which was signed by the Governor and went into effect as of January 1, 2015; and WHEREAS AB 1147 restored some but not all powers to local governments to regulate the massage industry; and WHEREAS the recent legislation contains ambiguities regarding the extent of the regulatory authority conferred; and WHEREAS other cities in the immediate region are currently grappling with how to implement the new legislation; and WHEREAS many massage establishments provide completely legitimate services to the public, while others function as a cover for illicit activities such as prostitution and human trafficking; and WHEREAS the change in State mandates could create a regulatory void in which such illicit uses could proliferate if the City is not afforded the opportunity to evaluate the new legislation and respond with appropriate implementing regulations; and WHEREAS the public health, safety, and welfare require that the City be afforded adequate time to assess appropriate regulatory measures in order to ensure that any regulations adopted address, as much as possible, the risks to public welfare associated with illicit activities while preserving the ability of legitimate establishments to do business in the City; and WHEREAS the City Council considered and adopted an initial temporary moratorium for new massage establishment applications at its January 5, 2015 meeting, and the circumstances requiring that moratorium continue to exist; and WHEREAS the consideration of the extension of said moratorium was noticed in accordance with Government Code requirements and a public hearing was held on the item at the City Council's February 17, 2015 meeting; NOW, THEREFORE, the City Council of the City of Burlingame does hereby find and declare as follows: Section 1: Council Findinus A. The City Council finds and declares that the potential establishment of new massage businesses in the interim between the recent enactment of AB 1147 and the adoption of a new regulatory scheme by the City poses a current and immediate threat to the public health, safety, and welfare, and that without the adoption of this interim urgency ordinance, the City Council will not have sufficient time and ability to study the new legislation and enact effective implementing regulations. B. The City Council finds that the current Chapter 6.39 of the Burlingame Municipal Code must be amended to reflect recent changes in State law and in order to provide effective regulation of massage establishments within the City. C. The City receives inquiries and applications on a routine basis for the establishment of new massage businesses. D. While most massage businesses provide legitimate services to the public, some such establishments act as a cover for illicit activities including prostitution and human trafficking. E. Prostitution and human trafficking are serious crimes with immediate and detrimental impact on both the victims of such crimes and on the citizens of the surrounding community, including ancillary effects such as increased risk of robbery. F. This urgency moratorium is necessary at this time in order to study the impacts on public health, safety, and welfare of the establishment of new massage businesses and to evaluate appropriate regulatory approaches under recently enacted State law. G. The City Council adopted an initial urgency moratorium on new massage establishments at its January 5, 2015 meeting. H. The extension of said moratorium was noticed under the provisions of Government Code 65090 and a public hearing was held on the question of whether to extend the moratorium at the Council's February 17, 2015 meeting. I. The Council received a report on the existence of continued circumstances requiring extension of the moratorium and on the efforts taken by the City to address the circumstances that created the need for the moratorium. Section 2: Imposition of Moratorium. 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, no use permit, variance, building permit, business license, or other applicable entitlement shall be approved or issued for the establishment of a new massage business or related use for a period of ten months and fifteen days. A. "Establishment" of a new massage business means and includes any of the following: the opening or commencement of a massage use as a new business or establishment; the conversion of an existing business or establishment to function as a massage business; and the addition of a massage operation to an existing business or establishment. B. Prohibited new massage uses under this moratorium include any use or operation that would require a business license or permit or entitlement under the City's Zoning Code. C. This moratorium does not affect existing massage businesses within the City or those whose applications for relevant entitlements have been completed as of the date of adoption of this moratorium. D. This moratorium does not affect the provision of massage services incidental to a clinic or health facility use, including physical therapy and related services. E. The penalties for violation of this ordinance are as provided in Burlingame Municipal Code Chapter 1.12. 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 ten months and fifteen 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 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: 1►[�] 41611104[yl0351a&A 91 IN3 ABSENT: COUNCILMEMBERS: ATTEST: MARY ELLEN KEARNEY, City Clerk BURLINGAME STAFF REPORT AGENDA NO: 9b MEETING DATE: February 17, 2015 To: Honorable Mayor and City Council Date: February 17, 2015 From: Kathleen Kane, City Attorney — (650) 558-7204 Subject: Extension of an Urgency Moratorium on New Applications for Marijuana Dispensaries, Collectives, Growing Operations, and Related Uses RECOMMENDATION Staff recommends that the City Council consider extension of an urgency moratorium on new applications for marijuana dispensaries, collectives, growing operations, and related uses. 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 temporary moratorium. This motion would require 4 affirmative votes. BACKGROUND Council adopted a temporary moratorium on approvals of new applications for marijuana dispensaries, growing operations, and related uses requiring business licenses or land use approvals at its January 5, 2015 meeting. Under Government Code § 65858, an initial urgency moratorium runs for 45 days, and then must be renewed in order to remain in effect. Such an ordinance may be renewed for a period of 10 months and 15 days under § 65858(a), and for an additional term of one year thereafter. Any extension must be based on a continuation of the circumstances that originally required the moratorium to be adopted, and must be further supported by a report explaining the circumstances justifying the moratorium and the steps taken by the City to alleviate the need for the moratorium as of the date of the extension. This staff report serves as the required report. DISCUSSION As was noted when the Council first considered this moratorium, Planning staff has been approached on a periodic basis with proposals to open marijuana dispensaries and collectives within Burlingame. Currently, the City's Zoning Code does not address marijuana -related 1 Marijuana Moratorium February 17, 2015 establishments. Under Section 25.04.070 of the Code, uses that are not listed as permitted or conditional are prohibited. While this catch-all provision serves to prohibit marijuana -related land uses, increasing ambiguity exists under state law and recent court decisions regarding such uses and how they may be regulated as a matter of local jurisdictions' police and zoning powers. Clarifying the status of such uses is therefore prudent and facilitates transparency with potential applicants and the public. Burlingame is undertaking a major revision of its General Plan, which will include a thorough re- examination of the Zoning Code and land use regulation. The contract for the General Plan consultants is being awarded on the same agenda as this item. The re-evaluation of land uses within the city is therefore about to begin in earnest. The proposed moratorium would allow at least initial work to begin on the General Plan update, so that any regulation of marijuana -related uses in the city could be brought in line with the information being gathered as part of the long- range planning efforts currently underway. At its January 5, 2015 meeting, a majority of the Council directed staff to investigate the possibility of a total ban on marijuana -related establishments in the city. Staff has begun the process of researching local bans, current litigation challenging total bans elsewhere in the State, and the experience of localities in enforcing such bans. A report presenting the findings of this research will be provided to Council before the expiration of this extension if it passes, so that Council may determine whether it is better to await the General Plan process or move forward at that time with alternative regulation or a ban. It is necessary to extend the existing urgency moratorium in order to protect the public health, safety, and welfare, and to give the City time to consider appropriate measures in light of the General Plan work and the experience of other jurisdictions in the State. Medical marijuana dispensaries, collectives, and commercial -size growing operations have been associated with increased risks of robberies, identity falsification, fraudulent resale of marijuana, and loitering. The proposed moratorium would protect the public from such effects and give the City time to consider regulatory action that would be consistent with long-range planning efforts and evolving law on the subject. As noted previously, nothing in the proposed urgency ordinance is intended to affect the rights of individuals as established by the Compassionate Use Act of 1996, otherwise known as Proposition 215. The attached ordinance is limited to any marijuana -related uses that would require business licenses, home occupancy permits, or permits or entitlements under Burlingame's Zoning Code. It does not affect individuals possessing a valid prescription, or healthcare facilities that provide in-patient or residential care. The adoption of the moratorium is not a project per California Environmental Quality Act Guidelines Section 15378 because it has no potential for resulting in physical change to the environment, directly or indirectly. It is a temporary limitation only on certain approvals and will not change the status quo of the de facto prohibition currently in place. 2 Marijuana Moratorium FISCAL IMPACT None. Exhibit: Proposed Urgency Ordinance February 17, 2015 ORDINANCE NO. FROM l011aN1uto] 00lemicelme) DIl.f:[�Yll`L� J: �► - uI PROHIBITING THE ESTABLISHMENT AND OPERATION OF MARIJUANA DISPENSARIES, COLLECTIVES, GROWING OPERATIONS, AND OTHER RELATED USES WITHIN THE CITY WHEREAS the City has received inquiries regarding the potential for opening medical marijuana collectives and dispensaries; and WHEREAS the City's Zoning Code currently does not specifically address marijuana -related uses within the City; and WHEREAS the Zoning Code prohibits those uses which are not specifically permitted or allowed conditionally; and WHEREAS greater clarity for prospective applicants for marijuana -related uses would be advantageous; and WHEREAS the City is undertaking a comprehensive review and update of its General Plan and Zoning Code; and WHEREAS the City does not want to take actions that could become inconsistent with such updated General Plan and Zoning Code; and WHEREAS marijuana dispensaries, collectives, and growing operations have been associated in other jurisdictions with increased crime and risk to neighboring properties and persons; and WHEREAS the public health, safety, and welfare require that the City be afforded adequate time to assess appropriate regulatory measures in light of evolving law, neighboring communities' experiences, and long-range planning work currently underway; and WHEREAS the City Council considered and adopted an initial temporary moratorium for marijuana -related uses at its January 5, 2015 meeting, and the circumstances requiring that moratorium continue to exist; and WHEREAS the consideration of the extension of said moratorium was noticed in accordance with Government Code requirements and a public hearing was held on the item at the City Council's February 17, 2015 meeting; 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 potential establishment of medical marijuana -related uses including dispensaries, collectives, and growing operations, or any such related uses that would require a business license or permits or approvals under the City's Zoning Code, poses a current and immediate threat to the public health, safety, and welfare, and that without the adoption of this interim urgency ordinance, the City Council will not have sufficient time and ability to study the complex legal and practical issues surrounding medical marijuana in order to develop a viable long-term regulatory approach. B. The City Council finds that the City of Burlingame is currently undertaking a comprehensive review and revision of its General Plan and Zoning Code, and that the General Plan Update may generate guidance on permanent approaches to the regulation of medical marijuana -related uses in the City. C. State and Federal law on medical marijuana are currently in conflict, and State law is rapidly evolving through legislation, administrative guidance, and court decisions regarding local governments' regulation of medical marijuana -related uses. D. The City has received multiple inquiries related to opening medical marijuana -related establishments such as collectives and dispensaries. E. This urgency moratorium is necessary at this time in order to study the impacts on public health, safety, and welfare of medical marijuana -related uses and to evaluate appropriate regulatory approaches. F. The City Council adopted an initial urgency moratorium on marijuana - related establishments at its January 5, 2015 meeting. G. The extension of said moratorium was noticed under the provisions of Government Code 65090 and a public hearing was held on the question of whether to extend the moratorium at the Council's February 17, 2015 meeting. H. The Council received a report on the existence of continued circumstances requiring extension of the moratorium and on the efforts taken by the City to address the circumstances that created the need for the moratorium. Section 2: Imposition of Moratorium. 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, no use permit, variance, building permit, business license, or other applicable entitlement shall be approved or issued for the establishment of a marijuana collective, dispensary, growing operation, or other medical marijuana - related use for a period of ten months and fifteen days. A. "Establishment" of a medical marijuana -related use means and includes any of the following: the opening or commencement of a marijuana -related use as a new business or establishment; the conversion of an existing business or establishment to function as a marijuana dispensary, collective, or growing operation; and the addition of a medical marijuana dispensary, collective, or growing operation to an existing business or establishment. B. Prohibited medical marijuana uses under this moratorium include any use or operation that would require a business license or permit or entitlement under the City's Zoning Code. C. This moratorium does not affect the rights of individuals as established by State law to possess or use medical marijuana. D. This moratorium does not affect the establishment or operation of clinics and health care facilities licensed pursuant to Division 2 of the California Health and Safety Code. This moratorium does not affect residential care facilities for persons with life-threatening illnesses licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code, nor residential care facilities for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code. This moratorium does not affect the establishment or operation of a residential hospice, nor of a home -health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, provided it complies with all applicable State law provisions. E. "Marijuana" means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, or mixture prepared therefrom. It includes marijuana or cannabis infused in foodstuffs. I. The penalties for violation of this ordinance are as provided in Burlingame Municipal Code Chapter 1.12. 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 ten months and fifteen 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 medical marijuana -related uses 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 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 AGENDA ITEM NO: 9C BURLE STAFF REPORT MEETING DATE: February 17, 2015 To: Honorable Mayor and City Council Submitted by Date: February 17, 2015 Approved by From: Kathleen Kane, City Attorney — (650) 558-7204 John Silva, Code Compliance Officer— (650) 558-7208 Subject: Introduction of an Ordinance to Provide for Property Upkeep Standards and Enhanced Code Compliance Enforcement for Non-residential PrODertles RECOMMENDATION Staff recommends that the Council consider the introduction of an ordinance to provide for property upkeep standards and enhanced code compliance enforcement for non-residential properties. In order to do so, the Council should: A. Receive the staff report and ask any questions of staff. B. Request that the City Clerk read the title of the proposed ordinance. C. By motion, waive further reading and introduce the ordinance. D. Conduct a public hearing. E. Following the public hearing, discuss the ordinance and determine whether to bring it back for second reading and adoption. If the Council is in favor of the ordinance, direct the City Clerk to publish a summary of the ordinance at least five days before its proposed adoption. BACKGROUND The Council has recently made a number of decisions to strengthen the code compliance function of the City. In 2013, Council passed an ordinance creating an administrative remedy for code violations, which provides for fines and administrative — rather than criminal — hearings. Last year, the Council decided to change the staffing model for primary code enforcement from a part-time, contract position to a full-time City employee. With this latter change, the City has dramatically increased its capacity to take on and resolve code complaints. In November of last year, the Council held a study session to consider whether, with this new capacity, the City should establish property upkeep standards beyond the existing nuisance provisions in the Code. After evaluating the various policy options, Council directed staff to return with a proposed commercial property upkeep ordinance. 1 Non -Residential Property Upkeep Ordinance February 17, 2015 DISCUSSION Staff has conducted statewide research to identify best practices for property upkeep regulation. Based in part on the International Property Maintenance Code, a model code in use in many jurisdictions, the attached proposed ordinance expands what qualifies as a "nuisance' for non- residential properties. Staff has endeavored to make the new standards objective and clear, so that those in control of a non-residential property will be able to determine what they need to do to avoid violating the ordinance. The new standards are designed to address visual blight and other forms of deterioration that may have a negative impact on the surrounding neighborhood but that may not constitute the kind of health and safety violations already encompassed by the City's Code. By including the property upkeep standards in the definitions of "nuisance," the full range of code enforcement remedies becomes available to address these issues. The proposed ordinance also contains a minor change to Title 18. Under the current Code provisions, a demolition permit usually may not be issued (with certain exceptions) until plans have been submitted for redevelopment of the property. This has, at various times, created a situation in which a structure has become dilapidated or otherwise contributes to blight, but the owner cannot remove it even if s/he wishes to, because the owner lacks the money or immediate ability to submit plans for redevelopment. Under the proposed ordinance, an owner of a property that has been declared to constitute a nuisance may remove problematic structures in order to abate that nuisance. An owner of a property that may violate these new standards but that has not formally been declared to do so, may, at his or her own option, seek leave to remove the problematic structures before being faced with formal code enforcement. In both cases, the decision to allow such demolition will rest with the Community Development Director. FISCAL IMPACT None. Additional enforcement under the proposed ordinance can be provided within the existing budget for the Code Compliance function. Exhibit: • Proposed Ordinance 2 ORDINANCE NO. ORDINANCE OF THE CITY OF BURLINGAME REPEALING, AMENDING, AND MODIFIYING PORTIONS OF TITLES 1 AND 18 OF THE BURLINGAME MUNICIPAL CODE TO PROVIDE FOR PROPERTY UPKEEP STANDARDS AND ENHANCED CODE COMPLIANCE ENFORCEMENT FOR NON-RESIDENTIAL PROPERTIES WHEREAS the City Council has determined that certain properties within the City of Burlingame may become dilapidated or otherwise contribute to blight; and WHEREAS such properties may diminish neighboring properties' values; and WHEREAS such properties may pose such dangers to the neighborhood without themselves constituting a health or safety violation already addressed under City Codes; and WHEREAS the Council has determined that additional standards for property upkeep should be provided in the Code for commercial and other non-residential properties; and WHEREAS increased flexibility in permitting demolition of deteriorated structures even where new plans for redevelopment have not been submitted would contribute to maintaining the aesthetics and safety of the City. NOW, THEREFORE, the City Council does hereby ordain as follows: DIVISION 1: Section 1: Burlingame Municipal Code Title 1 is hereby amended as follows: 1. Current Section 1.04.010, Definitions is repealed and re-enacted as follows: Section 1.04.010 DEFINITIONS "Building" means any structure with substantial walls and roof securely affixed to the land and entirely separated on all sides from any structure by space or by walls in which there are no communicating doors, windows or openings "City" means the city of Burlingame. "Days" shall mean calendar days. In the event the last day of the specified time period falls on a Saturday, Sunday or federal holiday observed by the city, then the last day of the specified time period shall be the next business day. "Owner" means any person owning property, as shown on the last equalized assessment roll for city taxes, or the lessee, tenant or other person having control or possession of the property. "Person" includes any individual, firm, association, corporation, limited liability company, trust, or partnership. Masculine gender includes the feminine, feminine gender includes the masculine, and the singular number includes the plural. "Nonresidential Property" means any property within the City of Burlingame, except properties zoned R1 -R4. "State of partial construction" means, since commencement of construction, construction has been suspended or abandoned for an unreasonable period of time, and the appearance of the building substantially detracts from the appearance of the immediate neighborhood or the condition of the building is detrimental to the public health, safety or welfare. "Structure" means anything constructed or erected, except fences, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground. "Vehicle" means a device by which any person or property may be propelled, moved or drawn upon a highway, excepting a device moved by human power. 2. Section 1.16.015, Nonresidential Property Nuisances is added as follows: 1. 16.015 Nonresidential Property Nuisances It is unlawful for any person owning, leasing, renting, occupying or having charge or possession of any nonresidential property in the city to maintain or to allow to be maintained such property in such manner that any of the following conditions are found to exist thereon for an unreasonable period of time and are visible from a public street or adjoining parcel, except as may be allowed by any other provision of law, including provisions of city ordinances: A. The accumulation of dirt, litter, or debris; B. Lumber, junk, trash, recyclables, salvage materials, building materials, landscaping materials or other similar materials, provided that short-term storage of materials in a secure and non- hazardous manner incident to an active building permit shall not constitute a nuisance under this provision; C. Attractive nuisances or hazards including abandoned, broken, or neglected equipment, machinery, tools, refrigerators and freezers, hazardous pools, ponds, and excavations; D. Broken or discarded furniture, household equipment, electronic equipment, and furnishings or abandoned shopping carts; E. Overgrown vegetation likely to harbor rats, vermin and other nuisances dangerous to public health, safety, and welfare, or obstructing a necessary view of drivers on public streets or private driveways; F. Weeds, dead, decayed, diseased or hazardous trees, fallen leaves and other vegetation constituting an unsightly appearance or dangerous to public health, safety and welfare; G. Vehicle parts or other articles of personal property which are abandoned or left in a state of partial construction or repair; H. Mobile homes, recreational vehicles, utility trailers, unmounted campertops, boats, cars, trucks, or other vehicles that are parked or stored in violation of the zoning provisions or that appear inoperable; I. Graffiti on the exterior of any building, fence, wall, automobile, or other structure; J. Fences and walls which have become dilapidated or are in a state of disrepair; K. Buildings which are abandoned, boarded up, partially destroyed, or left in a state of partial construction; L. Structures which are unpainted or where a substantial portion of the paint on the building exterior is chipping, peeling, cracked or mostly worn off, M. Improper maintenance of signs related to uses no longer conducted or products no longer sold on the property; N. Construction equipment, materials or machinery of any type of description parked or stored so as to be visible from a public right-of-way or from adjoining properties except while excavation, construction or demolition operations covered by an active building permit are in progress on the subject property or an adjoining property; O. Any property with pooled oil or other hazardous liquids accumulation, oil or hazardous liquids flowing into a public right-of-way, storm drain, or adjoining property, or excessive accumulation of grease or oil on paved surfaces, buildings, walls or fences; P. The leaving of any garbage can, recycling container or refuse container on any public right-of- way, except as permitted by Section 8.16.040 of this Code; Q. Property otherwise maintained in such a blighted condition, or in such condition of deterioration or disrepair that the same causes appreciable diminution of the property values of surrounding properties or is materially detrimental to proximal properties and improvements. 3. Section 1.16.016, Declaration of public nuisance is added as follows: Section 1. 16.016 Declaration of public nuisance. Any property found to be maintained in violation of Section 1. 16.015 is declared to be a public nuisance and shall be abated by rehabilitation, removal, demolition, or repair, and shall be subject to the enforcement mechanisms available under Chapter 1.12 of this Code and any other applicable Code provisions or other laws. The election of enforcement mechanisms or remedies shall be at the discretion of the City Attorney. Section 2: Burlingame Municipal Code Title 18 is hereby modified and amended as follows: Current Chapter 18.07.065 Section 303.1 amended—Issuance is amended as follows: A fourth paragraph is added to Section 303.1 to read as follows: Demolition permits will only be issued after all approvals required by Title 25 of this code and the California Environmental Quality Act are granted for the overall project for which the demolition is intended, and in any event, will only be issued simultaneously with the construction permits for the project. Exceptions: a. If a property owner does not intend to construct anything on the property following demolition in the foreseeable future, the property owner shall file a declaration under penalty of perjury to that effect, and the building official may issue the demolition permit on the condition that the property where the demolition is to occur will be properly secured and landscaped. b. If the city has ordered the demolition of the structure because it is an imminent danger to public health or safety, the building official may issue the demolition permit on the condition that the property where the demolition is to occur will be properly secured and landscaped even though the property owner has not applied for any construction permits. C. If a property owner of a non-residential project: Has been granted all project approvals required under Title 25 of this code and under the California Environmental Quality Act; and 2. Produces evidence, to the satisfaction of the Community Development Director, that special circumstances exist to warrant early demolition; and 3. Produces evidence, to the satisfaction of the Community Development Director, that he/she is preparing or is having prepared, plans for the project for which the demolition is intended; and 4. Declares under penalty of perjury that he/she will submit said plans together with a building permit application for the project to the City's building division no later than ninety (90) days after obtaining a demolition permit; then the Community Development Director may authorize the Building Official to issue the demolition permit with appropriate terms and conditions to ensure safety, security and cleanliness of the property. In the event the property owner fails to obtain a building permit for the project within sixty (60) days of submitting a building permit application to the building division, pursuant to item (c)(4), the property owner shall, within thirty (30) days remove all debris from the site, permanently secure the property and install landscaping to the satisfaction of the Community Development Director. A decision to deny such a request for early demolition may be appealed to the City Council within ten (10) calendar days of the date of the Community Development Director's decision. d. If a building or structure is declared a public nuisance under Section 1.16.015. the Community Development Director may issue a demolition permit for said structure on the condition that the property where the demolition is to occur will be properly secured and landscaped. The owner of a building or structure which currently is or may be subject to enforcement proceedings under Section 1.16.015, but which has not been formally declared a nuisance under that provision, may apply to the Community Development Director to obtain a demolition permit for the structure. If granted, such permit shall be conditioned on appropriate securing and landscapingof f the property. The decision whether to Brant or deny a demolition permit under this sub -paragraph (d) shall rest within the discretion of the Community Development Director in light of the conditions present on the property in question. DIVISION 2: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. DIVISION 3: This Ordinance shall be published in a newspaper of general circulation in accordance with California Government Code Section 36933, published, and circulated in the City of Burlingame, and shall be in full force and effect thirty (30) days after its final passage. TERRY NAGEL, Mayor I, MARY ELLEN KEARNEY, City Clerk of the City of Burlingame, do hereby certify that the foregoing ordinance was introduced at a regular meeting of the City Council held on the _ day of held on the _ day of 2015 and adopted thereafter at a regular meeting of the City Council AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ATTEST: 2015, by the following vote: MARY ELLEN KEARNEY, City Clerk a AGENDA NO: 10a STAFF REPORT MEETING DATE: February17, 2015 To: Honorable Mayor and City Council Date: February 17, 2015 From: William Meeker, Community Development Director — (650) 558-7255 Subject: Adoption of a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with MIG for Preparation of an Update of the City's General Plan and Zoning Ordinance with Accompanying Environmental Impact Report (Project Name: "Burlingame 2040") RECOMMENDATION The City Council is asked to adopt a resolution authorizing the City Manager to execute a Professional Services Agreement with MIG in an amount not to exceed $1,320,281 for preparation of an update of the City's General Plan and Zoning Ordinance, and to prepare an environmental impact report for the project pursuant to the California Environmental Quality Act (CEQA). BACKGROUND California State law requires each city and county to adopt a General Plan that provides for the physical development of lands within its jurisdictional boundaries or sphere of influence. The General Plan serves much like a constitution that embodies a community's development goals and public policy relative to the distribution of public and private land uses. The policies of the General Plan are intended to inform and provide support for all land use decisions made in the community. Preparation of a General Plan is predicated upon having an open public process that considers the vision and desires of the community at the time the plan is prepared, and projects this vision of the community into the future. The typical shelf -life of a general plan is 10 to 20 years; however, the last comprehensive update of the City of Burlingame's General Plan was in 1969. The 1969 Plan was completed in advance of adoption of the California Environmental Quality Act (CEQA); therefore, the current Plan does not benefit from a detailed environmental analysis that ensures the soundness of the policy direction contained therein. Since 1969, the City has adopted a rather piecemeal approach to comprehensive planning by adopting specific plans for three primary non-residential areas in the City. Additionally, the Housing Element of the Plan has been updated periodically, as required by State law. On February 18, 2014, the City Council authorized the Community Development Department to apply for grant funds from the State of California's Strategic Growth Council through its Sustainable Communities and Incentive Program to update the City's General Plan. The grant it MIG Professional Services Agreement— General Plan Update February 17, 2015 program is meant to foster the development of sustainable communities throughout California, with objectives to promote equity, strengthen the economy, protect the environment, and promote healthy, safe communities. These objectives are consistent with the City's most recently adopted specific plans, and the expectation is that they will be furthered through the General Plan Update. On February 28, 2014, the Community Development Department submitted the application to the Strategic Growth Council. On June 3, 2014, the Strategic Growth Council awarded a grant of $491,770 to the City of Burlingame for the preparation of the update of the General Plan and the Zoning Ordinance. These funds will be combined with $500,000 authorized in FY 13-14 and an additional $500,000 authorized in FY 14-15, for a total budget of $1,491,770. DISCUSSION The Community Development Department sought proposals from qualified consulting firms to assist with the update of the General Plan and Zoning Ordinance and to prepare a comprehensive environmental impact report (EIR) to support the efficacy of the policy document and implementing regulations. Proposals were received from Dyett & Bhatia, Metropolitan Planning Group, MIG, and Placeworks. Estimated costs for the update from each of the firms were fairly comparable, all between $1.3 and $1.4 million (not including contingencies). The update of the General Plan and Zoning Ordinance is expected to take approximately 30 months to complete. All four firms were interviewed by a panel consisting of the Community Development Director, Planning Manager, Senior Planners and Economic Development Specialist. At the conclusion of the interviews and after reviewing references, the panel felt that MIG would be best qualified to prepare the updates of the General Plan and Zoning Ordinance based upon: 1) the firm's involvement in numerous General Plan updates in comparable jurisdictions in the Bay Area; 2) its experience with and approach to the Zoning Ordinance Update, including a consultant on the team who specializes in zoning and development regulations; 3) recognized leadership in community engagement, with the proposal including a comprehensive community participation and outreach plan; and 4) the overall expertise of the team assembled for the project. Attached is a draft Agreement for Professional. Services with MIG to perform the services required for the update of the General Plan and the Zoning Ordinance. The MIG budget is an amount not to exceed $1,320,281 (Agreement, Exhibit 2). As the total budget allocated for the General Plan and Zoning Ordinance Update is $1,491,770, a balance of $171,489 will be remaining. Any unused budget would be returned to the General Fund at the completion of the project and/or be available for follow-up implementation activities. Because the cost of the agreement exceeds $100,000, Council approval is required. The Work Program for services to be provided by MIG, including the project budget, is attached to this report as Exhibit 3. FISCAL IMPACT The General Plan update is being funded through a $491,770 Strategic Growth Council Sustainable Communities Grant approved on June 3, 2014, and through two $500,000 General Fund allocations authorized by the City Council in FY 13-14 and FY 14-15. 2 MIG Professional Services Agreement— General Plan Update February 17, 2015 Exhibits: • Resolution • Agreement • Work Program __ - 3 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH MIG TO PREPARE THE UPDATE OF THE CITY'S GENERAL PLAN AND ZONING ORDINANCE WHEREAS, the City of Burlingame has embarked on an update to the City's General Plan and zoning ordinance to provide a comprehensive plan for the community; and WHEREAS, the Community Development Department sought proposals from qualified consulting firms to prepare the update of the General Plan and Zoning Ordinance; and WHEREAS, the City has selected MIG to prepare the update of the General Plan based on its experience preparing similar documents in the Bay Area region, its experience with zoning ordinance updates, its comprehensive community participation and outreach plan, and the expertise of the team assembled for preparation of the update; and WHEREAS, an agreement has been prepared incorporating the Work Program, Cost Estimate and Project Schedule prepared by MIG in the amount of $1,320,281.00, which was found to be adequate to complete the update of the General Plan and Zoning Ordinance; and WHEREAS, because the agreement will authorize work in excess of $100,000, City Council approval is required. NOW, THEREFORE, BE IT RESOLVED AND ORDERED: 1. The City Manager is authorized and directed to enter into a Professional Services Agreement with MIG for the update of the General Plan and Zoning Ordinance, consistent with the Work Program attached to this resolution, for a maximum cost of $1,320,281.00, as stated in the Work Program. 2. The City Clerk is directed to attest to the signature of the City Manager upon execution of the Professional Services Agreement. Terry Nagel, Mayor 1 Resolution No. 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 17th day of February, 2015, and as adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NAYES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: 2 Mary Ellen Kearney, City Clerk AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF BURLINGAME AND MIG TO PREPARE THE UPDATE OF THE CITY'S GENERAL PLAN AND ZONING ORDINANCE THIS AGREEMENT is by and between MIG ("Consultant") and the City of Burlingame, a public body of the State of California ("City"). Consultant and City agree: 1. Services. Consultant shall provide the Services set forth in Exhibit A, attached hereto and incorporated herein. 2. Compensation. Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum compensation amount, Consultant agrees to perform all of the Scope of Services herein required of Consultant for $1,320,281, including all materials and other reimbursable amounts ("Maximum Compensation"). Consultant shall submit invoices on a monthly basis. All bills submitted by Consultant shall contain sufficient information to determine whether the amount deemed due and payable is accurate. Bills shall include a brief description of services performed, the date services were performed, the number of hours spent and by whom, a brief description of any costs incurred and the Consultant's signature. 3. Term. This Agreement commences on full execution hereof and terminates on June 30, 2016 unless otherwise extended or terminated pursuant to the provisions hereof. Consultant agrees to diligently prosecute the services to be provided under this Agreement to completion and in accordance with any schedules specified herein. In the performance of this Agreement, time is of the essence. Time extensions for delays beyond the Consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator prior to the expiration of the specified completion date. 4. Assignment and Subcontracting. A substantial inducement to City for entering into this Agreement is the professional reputation and competence of Consultant. Neither this Agreement nor any interest herein may be assigned or subcontracted by Consultant without the prior written approval of City. It is expressly understood and agreed by both parties that Consultant is an independent contractor and not an employee of the City. 5. Insurance. Consultant, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof, acceptable to the City, the insurance coverages specified in Exhibit B, "City Insurance Requirements," attached hereto and incorporated herein by reference. Consultant shall demonstrate proof of required insurance coverage prior to the commencement of services required under this Agreement, by delivery of endorsements and certificates of insurance to City. 6. Indemnification. Consultant shall indemnify, defend, and hold City, its directors, officers, employees, agents, and volunteers harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of, pertaining or relating to the negligence, recklessness or willful misconduct of Consultant, its employees, subcontractors, or agents, or on account of the performance or character of the Services, except for any such claim arising out of the sole negligence or willful misconduct of the City, its officers, employees, agents, or volunteers. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in section 2778 of the California Civil Code. Agreement for Professional Services Between the City of Burlingame and MIG for preparation of an Update to the General Plan and Zoning Code Update Notwithstanding the foregoing, for any design professional services, the duty to defend and indemnify City shall be limited to that allowed pursuant to California Civil Code section 2782.8. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 7. Termination and Abandonment. This Agreement may be cancelled at any time by City for its convenience upon written notice to Consultant. In the event of such termination, Consultant shall be entitled to pro -rated compensation for authorized Services performed prior to the effective date of termination provided however that City may condition payment of such compensation upon Consultant's delivery to City of any or all materials described herein. In the event the Consultant ceases performing services under this Agreement or otherwise abandons the project prior to completing all of the Services described in this Agreement, Consultant shall, without delay, deliver to City all materials and records prepared or obtained in the performance of this Agreement. Consultant shall be paid for the reasonable value of the authorized Services performed up to the time of Consultant's cessation or abandonment, less a deduction for any damages or additional expenses which City incurs as a result of such cessation or abandonment. S. Ownersbip of Materials. All documents, materials, and records of a finished nature, including but not limited to final plans, specifications, video or audio tapes, photographs, computer data, software, reports, maps, electronic files and films, and any final revisions, prepared or obtained in the performance of this Agreement, shall be delivered to and become the property of City. All documents and materials of a preliminary nature, including but not limited to notes, sketches, preliminary plans, computations and other data, and any other material referenced in this Section, prepared or obtained in the performance of this Agreement, shall be made available, upon request, to City at no additional charge and without restriction or limitation on their use. Upon City's request, Consultant shall execute appropriate documents to assign to the City the copyright or trademark to work created pursuant to this Agreement. Consultant shall return all City property in Consultant's control or possession immediately upon termination. 9. Compliance with Laws. In the performance of this Agreement, Consultant shall abide by and conform to any and all applicable laws of the United States and the State of California, and all ordinances, regulations, and policies of the City. Consultant warrants that all work done under this Agreement will be in compliance with all applicable safety rules, laws, statutes, and practices, including but not limited to Cal/OSHA regulations. If a license or registration of any kind is required of Consultant, its employees, agents, or subcontractors by law, Consultant warrants that such license has been obtained, is valid and in good standing, and Consultant shall keep it in effect at all times during the term of this Agreement, and that any applicable bond shall be posted in accordance with all applicable laws and regulations. 10. Conflict of Interest. Consultant warrants and covenants that Consultant presently has no interest in, nor shall any interest be hereinafter acquired in, any matter which will render the services required under the provisions of this Agreement a violation of any applicable state, local, or federal law. In the event that any conflict of interest should nevertheless hereinafter Agreement for Professional services Between the City of Burlingame and MIG for preparation of an Update to the General Plan and Zoning Code Update arise, Consultant shall promptly notify City of the existence of such conflict of interest so that the City may determine whether to terminate this Agreement. Consultant further warrants its compliance with the Political Reform Act (Government Code § 81000 et seq.) respecting this Agreement. 11. Whole Agreement and Amendments. This Agreement constitutes the entire understanding and Agreement of the parties and integrates all of the terms and conditions mentioned herein or incidental hereto and supersedes all negotiations or any previous written or oral Agreements between the parties with respect to all or any part of the subject matter hereof. The parties intend not to create rights in, or to grant remedies to, any third party as a beneficiary of this Agreement or of any duty, covenant, obligation, or undertaking established herein. This Agreement may be amended only by a written document, executed by both Consultant and the City Manager, and approved as to form by the City Attorney. Such document shall expressly state that it is intended by the parties to amend certain terms and conditions of this Agreement. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. Multiple copies of this Agreement may be executed but the parties agree that the Agreement on file in the office of the City Clerk is the version of the Agreement that shall take precedence should any differences exist among counterparts of the document. This Agreement and all matters relating to it shall be governed by the laws of the State of California. 12. Capacity of Parties. Each signatory and party hereto warrants and represents to the other party that it has all legal authority and capacity and direction from its principal to enter into this Agreement and that all necessary actions have been taken so as to enable it to enter into this Agreement. 13. Severability. Should any part of this Agreement be declared by a final decision by a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond the authority of either party to enter into or carry out, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement, absent the unexcised portion, can be reasonably interpreted to give effect to the intentions of the parties. 14. Notice. Any notice required or desired to be given under this Agreement shall be in writing and shall be personally served or, in lieu of personal service, may be given by (i) depositing such notice in the United States mail, registered or certified, return receipt requested, postage prepaid, addressed to a party at its address set forth in Exhibit A; (ii) transmitting such notice by means of Federal Express or similar overnight commercial courier ("Courier"), postage paid and addressed to the other at its street address set forth below; (iii) transmitting the same by facsimile, in which case notice shall be deemed delivered upon confirmation of receipt by the sending facsimile machine's acknowledgment of such with date and time printout; or (iv) by personal delivery. Any notice given by Courier shall be deemed given on the date shown on the receipt for acceptance or rejection of the notice. Either party may, by written notice, change the address to which notices addressed to it shall thereafter be sent. Agreement for Professional Services Between the City of Burlingame and MIG for preparation of an Update to the General Plan and Zoning Code Update 15. Miscellaneous. Except to the extent that it provides a part of the definition of the term used herein, the captions used in this Agreement are for convenience only and shall not be considered in the construction of interpretation of any provision hereof, nor taken as a correct or complete segregation of the several units of materials and labor. Capitalized terms refer to the definition provide with its first usage in the Agreement. When the context of this Agreement requires, the neuter gender includes the masculine, the feminine, a partnership or corporation, trust or joint venture, and the singular includes the plural. The terms "shall", ,wiir,, "must" and "agree" are mandatory. The term "may" is permissive. The waiver by either parry of a breach by the other of any provision. of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. When a party is required to do something by this Agreement, it shall do so at its sole cost and expense without right to reimbursement from the other party unless specific provision is made otherwise. Where any party is obligated not to perform any act, such party is also obligated to restrain any others within its control from performing such act, including its agents, invitees, contractors, subcontractors and employees. IN WITNESS WHEREOF, Consultant and City execute this Agreement. CITY OF BURLINGAME CONSULTANT 501 Primrose Road MIG Burlingame, CA 94010 800 Hearst Avenue Berkeley, CA 9471. By: By'— Lisa y Lisa Goldman Nam City Manager Title c _61 Date: Date: t/ft65 Federal Employer ID Number: Mary Ellen Kearney City Clerk Agreement for Professional Services Between the City of Burlingame and MIG for preparation of an Update to the General Plan and Zoning Code Update Approved as to form: Kathleen Kane City Attorney Attachments: Exhibit A Scope of Services Exhibit B City Insurance Provisions 9 City of Burlingame General Plan and Zoning Ordinance Update Work Program Updated December 18, 2014 Introduction The MIG Team's proposed work program presents a detailed, logical series of phases and tasks, with information from each step creating the foundation for the next. Our approach uses resources efficiently while allowing City staff, the Planning Commission, City Council, Community Advisory Committee, property and business owners as well as residents ample opportunity to review and comment on the information compiled during each major task. We have included an extensive, inclusive public outreach and engagement program with innovative and proven high-tech and high -touch tools that will result in genuine community participation throughout the project. This approach ensures that the community will be kept well informed and actively engaged in the General Plan and Zoning Ordinance update processes. This engagement which will result in new planning and regulatory documents that have a higher level of community acceptance, user-friendliness and legal compliance. We also intend to utilize the planned Technical Advisory Committee, Community Advisory Committee and Planning Commission Sub -committee throughout the project in a genuine, focused and well -organized process; these meetings are all described under Phase 9. The MIG Team will meet with these committees on a regular basis to: 1) present draft ideas and work products, 2) discuss emerging concepts and strategies, and 3) confirm and expand upon community input. Our approach will ensure that the City has a complete, internally consistent and legally defensible General Plan that reflects the community's vision for Burlingame. Also, the updated Zoning Ordinance and amended specific plans will fully reflect and implement the General Plan. For this project to be a success, City staff must be a key partner throughout the entire process. To show how we proposed to integrate City staff, we have included specific assignments for City staff in blue/italicized text at the end of each task. City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program Phase 1: Project Start -Up and Background Materials Task 1.1: Kick-off Meeting and City Tour El At the beginning of the project, the MIG Team will visit Burlingame for an all day kick-off meeting and City tour to formally launch the project. This event will have four primary components: Meeting with City Proiect Manager. The MIG Team and the City's Project Manager will meet to discuss the overall project and develop project management, communication, invoicing and billing protocols. The kick- off meeting will provide an opportunity for the MIG Team to collaborate with the City to finalize the project framework and refine the customized outreach strategy. 2. Meetings with Individual Departments. Key members of the MIG Team will meet individually with City department heads for their respective topic areas. During these meetings, the MIG Team will discuss major project goals and will collect hard copy or digital files of existing data, reports and plans from City staff. 3. Identification of Key Issues and Opportunities. The MIG Team, working with City staff, will develop a preliminary list of issues and opportunities to be addressed. City Tour. City staff will lead the MIG Team on a tour of Burlingame to highlight individual neighborhoods and community areas, the overall geography of the City, key issue and opportunity sites, economic development areas, areas where land use change may be desired and other factors. The focus of the tour will be to view and understand the neighborhoods, districts and opportunity areas. MIG will photo -document the tour for use in subsequent presentations and work products. City staff will be responsible for meeting and tour logistics (e.g., scheduling meetings, securing meeting rooms and van for City tour, etc.), and for attending the meeting and tour. Task 1.2: City Council Retreat and Refined Work Program At the onset of the project, MIG will meet with the City Council during a Study Session (just prior to a regular Council meeting) to discuss the community engagement process for the General Plan Update. MIG will then meet with the City Council, Planning Commission, and senior staff during their annual meeting City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program (March 7, 2014) to discuss the General Plan Update purpose, process and work plan. This will include a discussion on the historical, legal and regulatory role of a general plan, and how the comprehensive update process will benefit the City and community. The annual meeting will be an opportunity for the City Council and Planning Commission to ask questions about the process, and for City staff and the consultants to get a better understanding of what the key objectives are for the update. Based on the outcome of the discussion, MIG will prepare a refined scope of work and detailed project schedule that will be critical components to ensure deadlines are met and the project is completed on time and on budget. City staff will be responsible for scheduling the study session, the logistics for the annual meeting, inviting Council and Commission members and staff and providing input and feedback necessary to refine the overall Work Program. Task 1.3: Community Participation and Outreach Plan MIG will develop a comprehensive Community Participation and Outreach Plan in coordination with City staff. This plan will include outreach strategies, tools and tactics, and will guide the work of City staff and consultants to effectively engage community members throughout the program. The initial plan will include a schedule, target audiences, priorities, public involvement activities, communication tools and key community relationships. It will also include a detailed process diagram to illustrate the sequence and timing of project activities in a succinct format easily understood by a public audience. It is likely that the plan will be updated or revised throughout the course of the project as issues and policies unfold. MIG will also develop a project logo, look and feel (color palette and brief style guide) and templated materials (e.g., flyer, postcard) to brand the program and ensure outreach materials are consistent and easily identifiable by the community. A Community Advisory Committee will also be convened to advise the project team and help the City promote participation in the General Plan Update process. The specific task for committee meetings and involvement is described under Phase 9 below. The following are major components and products of the Outreach Plan that will be developed under this task: • Speakers Series. During the first two Phases of the project, MIG will manage a Speaker Series that will be open to the public and include City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program keynote presentations from leaders in areas including community involvement, downtown planning and sustainability. These sessions will be intended to share best practices relevant to Burlingame and the General Plan/Zoning Ordinance Update as well as to inspire and encourage community members to be active participants in the plan development. We will work with City staff to develop the final list of keynote speakers. MIG will be responsible for scheduling the speakers and arraigning all logistics (flights, hotels, etc.). Community Surveys. MIG will develop a survey to gather input on community opinions and ideas for the General Plan update. The survey will be designed in a format that collects the richest and most informative data while enabling efficient data collection and tabulation methods. The survey will be available electronically, and paper versions of the survey will be distributed at community events and visioning workshops. Using Metroquest—an eye-catching, user-friendly survey interface—MIG will conduct a web -based survey designed to collect input on goals, priorities and trade-offs. Metroquest is an easy to use and visually appealing interface that helps simplify complex policy and planning questions into more accessible question formats. Participants can take the survey using the web, smart phones, tablets or desktop computers. MIG will also rent attractive touch screen kiosks (3-4 total) that are located in high -traffic areas (e.g., shopping and recreational centers) in the City to allow people to participate where they are. The kiosks can be very effective in reaching participants that might not normally get involved, and in the right location, kiosks can attract 100 to 300 participants daily. Additionally, Metroquest can be translated into multiple languages. The results of the survey will be collected and analyzed by MIG and will assist in the development of the Vision and Transformative Strategies. City staff will review two drafts of the survey instrument and will provide MIG with two consolidated sets of revisions. City staff will also assist with dissemination of the electronic and paper versions of the questionnaire. Email Updates. MIG will work with City staff to develop a comprehensive list of email addresses for people interested in the project. MIG will prepare and send regular email updates to maintain interest in the project and generate participation. Project Newsletters. MIG will prepare a series of five newsletters throughout the project that update the community on the project. Each newsletter will include a short overview of the project, schedule, notice of upcoming meetings/hearings and summary of recently produced materials. The City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program newsletters will include a combination of graphics and narrative text. MIG will post each newsletter on the project website, distribute them via email blast, and provide hard copies to the City for distribution. As an optional item, MIG can also produce versions of this newsletter in Spanish. The general topics for each newsletter include: o Newsletter #1 - General Plan Update Introduction and Overview o Newsletter #2 - Existing Conditions Summary o Newsletter #3 - Vision and Transformative Strategies o Newsletter #4 - Concept Alternatives and Major Policy Concepts o Newsletter #5 - Public Review and Adoption Process Postcards. MIG will prepare a total of five highly graphic postcards that will be used to promote the project, community workshops and public hearings. The postcards will be 4 inches x 5 inches, double -sided pieces designed to drive participation in the project. The postcards will also be mass -mailed to residents and businesses throughout Burlingame. The budget assumes that the City would be responsible for printing and mailing the postcards. Outreach Toolkit and Volunteer Training. MIG will design and develop an Outreach Toolkit to be used by trained community volunteers and City staff to meet with a variety of community groups, associations and individual citizens to collect community input in a variety of settings, such as regular meetings of community organizations or at a gathering of interested neighbors. Each Toolkit will include a discussion guide, Frequently Asked Questions (FAQs), comment cards and PowerPoint presentation as necessary. MIG will develop two kits: one for use at the beginning of the process and one updated midway through the project in order to get feedback as the draft General Plan develops. MIG will conduct two training sessions for community volunteers and City staff on how to use the Outreach Toolkits. City staff will be responsible for summarizing the results of these efforts for the MIG Team. Mobile Outreach -The Plan Van. If desired by the City, MIG can design graphic materials that highlight the project and can be printed on vinyl and used to cover an existing City fleet vehicle (preferably either a van or truck). The Plan Van would be used to bring attention to the project and as a mobile workshop tool. City staff can park the van at major gathering places during event times and solicit people to learn more about the project and fill out surveys. While MIG would prepare the graphics and organize the application of vinyl materials with a third -party vendor, MIG City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program would not provide or drive the vehicle. It is assumed the City would cover the costs for the vinyl materials (production and application). City staff will be responsible for providing input and feedback necessary to refine the overall Community Participation and Outreach Plan. City staff will also be responsible for printing and mailing the postcards, attending Outreach Toolkit training sessions, and securing a vehicle for the Plan Van (if used). Task 1.4: Decision Maker and Stakeholder Interviews The MIG Team will conduct three days of stakeholder interviews (approximately 20 one-on-one and small group interviews). This will include interviews with each City Council member, Planning Commissioner, chairs of other City commissions as well as local stakeholders (e.g., community group leaders, major business/property owners, school districts, etc.). The interviews will be informal and will provide a valuable opportunity to better understand desired project outcomes and perspectives of key decision makers and stakeholders. We have budgeted three full days for interviews. The final list of interviewees will be developed by MIG in close coordination with City staff. City staff will be responsible for contacting and coordinating interview times as well as securing room(s) at City Hall to hold the interviews. Task 1.5: Project Website Development and Maintenance MIG will work with City staff to create a unique project website that links to the City's website. This will include incorporating the project logo, fonts and colors to make the page easily identifiable with the General Plan Update project. While it is assumed the website will be hosted by the City, we also assume that it will be linked to various features through MIG's suite of proprietary web -based tools know as TownSquareTM. This software will allow the webpage to host a moderated blog, online survey, and interactive mapping and visualization tools. MIG will work with City staff to determine final website features and content. However, we anticipate using some combination of the following tools: • Comment Publisher: this tool can be used for registered users to provide web -based comments on planning topics and draft documents • Virtual Meeting: an interactive tool to engage community members online, utilizing the same materials developed for main workshops • Interactive Survey; this can include mapping exercises, virtual tours and visual preference surveys • Google Translate Toolbar: to enable users to easily translate the website into over 60 different languages City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program • Calendar and Event Manager • Document Library The website and associated features will be used throughout the process for 20- 30 months or longer as needed and mutually agreed to. Once the project is completed, MIG will send the City electronic copies of all webpage materials and content to be reloaded on the city's website. MIG retains ownership of all underlying software and publishing tools. Reporting of site statistics, usage and network performance will be provided at the request of City staff, but no more frequently than quarterly. City staff will be responsible for hosting the website, maintaining City webpage html, CSS or other code language, coordinating with MIG on all external TownsquareTM features, reviewing and approving all content, and assisting the MIG Team in preparing responses to digitally submitted community comments. Task 1.6: Social Media Program MIG will identify key social media platforms and constituent segments to share project messaging and promote outreach activities. MIG will recommend a social media strategy that establishes and leverages pre -segmented social media audiences by demographics and/or interests. The strategy could include publishing posts to established City, and other agency, social media accounts, starting a new social media account, supplying posts to social media accounts targeted at key audiences and/or promoting a hash tag. The social media program will enhance communications with educational content, community -building incentives and calls -to -action. Social media touch - points could include City and community organization social media feeds (Facebook, YouTube, Twitter, free or paid advertising) and blog articles. City staff will be responsible for developing a posting protocol and reviewing all social media content prior to posting. Task 1.7: Base Mapping and GIS Database MIG will collect and review GIS data from the City, including existing land use, General Plan land use designations, zoning, existing dwelling units per parcel, existing jobs or non-residential square footage per parcel, street centerlines, and county assessor data. Building footprint and height attributes are also desirable, if available. All information will be assumed to be accurate and up to date. MIG, in coordination with the City, will also define and format a series of base maps for use throughout the update process. These base maps will include existing City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update. Work Program conditions information, such as existing land use, zoning, circulation and environmental information. We will ensure all maps have a uniform style, legend and title block. At the culmination of the project, MIG will provide the City with the GIS maps and associated files developed during the process. All GIS data and mapping prepared for the General Plan will be developed consistent with City protocols and data formats to ensure easy integration into the City's information system upon project completion. City staff will be responsible for providing GIS data, coordinating on formatting and metadato protocols, and reviewing and providing feedback on the base maps. Task 1.8: Existing Conditions Reports The MIG Team will conduct an analysis of existing conditions and the regulatory context in Burlingame. This will include a thorough review and analysis of the current General Plan, Zoning Ordinance, Specific Plans, existing Climate Action Plan, infrastructure master plans, Housing Element, and other City plans and programs. We will also conduct a thorough analysis of existing physical conditions in Burlingame, including urban design, mobility, open space and environmental features. This review and analysis will be compiled into a series of in-depth Existing Conditions Reports. Each report will include opportunities and challenges associated with the current conditions in Burlingame, as well as synthesize key findings from each of the main sections. The reports will include: Land Use and Urban Form. MIG will analyze the existing land use patterns and adopted and pending plans that affect development in the city. We will describe, analyze and map existing land uses and identify constraints and opportunities for future growth and development. Special attention will be paid to defining built -out residential areas and identifying infill opportunity areas and areas with potential to generate new economic and employment activities. MIG will also summarize key adopted City plans, as well as plans in progress and plans for areas surrounding Burlingame (e.g., Millbrae, City of San Mateo, County of San Mateo and Hillsborough General Plans, and San Francisco International Airport plans and proposals). This will include a discussion on regional plans affecting the City. MIG will prepare an urban design summary that describes the look, feel and character of existing development and public spaces. This will include identifying architectural patterns and themes to be preserved, City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 8 character elements to emphasize and barriers to be addressed. MIG will produce associated maps and graphics that illustrate existing conditions in Burlingame, including gateways, scenic resources, major geographic features, major community features, open space, character areas, landmarks and gateways, and up to three other maps identified during the process. Economic and Market Demand Analysis Strategic Economics (SE) will conduct a market analysis for residential, office/R&D, industrial and commercial uses. For each of these land uses, SE will estimate the total potential demand (in number of units or square feet of development) over the short term (5-10 years) and the long term (10-20 years) in the mid - Peninsula region, the City of Burlingame and the areas of change. The Market Demand Analysis summary includes the following: a Demographic and Employment Trends - SE will conduct an analysis of historical and projected population and household growth as well as a review of employment trends and estimates of projected job growth by industry sector. The analysis will consider trends for the mid -Peninsula region and the City of Burlingame. o Residential Market Analysis - SE will estimate market demand for residential units (for -sale and rental) for the mid -Peninsula region and Burlingame; assess the competitive advantages of the areas of change and potential challenges for attracting development; identify product types that the areas of change are most likely to attract; and determine the likely sales prices/rents of new housing by type. a Office/R&D/Light Industrial Market Analysis - Based on an analysis of industry trends, projected job growth by industry, and a review of newly built and proposed development in the mid -Peninsula region, SE will estimate the demand for new office/R&D/light industrial development in Burlingame by product type. The analysis will consider the performance and quality of existing office/R&D/light industrial parks in the areas of change, and assess whether these buildings can accommodate future demand, or if they require reinvestment or reconfiguration to attract and retain businesses. The analysis will determine the likely tenants and rental rates that could be achieved with existing building stock and new product types in the areas of change. City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 9 a Retail Market Analysis -SE will assess the demand for both regional - serving and neighborhood -serving retail in the areas of change. The analysis will first assess the City's competitiveness in specific retail sectors relative to existing large shopping centers in the market area, collecting information on rents, vacancy rates, major tenants, and retail taxable sales. Based on this analysis, SE will estimate the potential for additional regional -serving retail in the areas of change. SE will also estimate the demand for neighborhood -serving retail in the areas of change based on household and employee spending from the new residential units and office/R&D/light industrial development potential calculated in the previous sub -tasks. The retail market analysis will result in recommendations on the type of retail most likely to succeed in the areas of change without detracting from downtown Burlingame, Broadway and other existing retail centers. Hotel - SE will assess the market for hotels in the areas of change based on the performance of existing hotel properties in the mid - Peninsula region, planned and proposed projects as well as the competitive advantages of the areas of change. Sustainability and Public Health. MIG will analyze and summarize the existing conditions in the community related to sustainability and public health. We will summarize sustainability topics including water and energy use and efficiency, green buildings, and climate change adaptation. MIG will summarize public health topics including physical activity levels, land use patterns and transportation networks as they relate to active transportation as well as access to nutritious foods, health care and health facilities. Transportation and Mobility. Nelson\Nygaard (N\N) will summarize and analyze existing transportation and mobility facilities in the City, including streets and roadways, public transit, bicycle facilities, pedestrian mobility, freight movement, and rail. N\N will prepare an assessment of existing mobility conditions by travel mode that describes the following existing conditions: o Travel patterns: mode splits for journey -to -work resident and nonresident employees, and origin/destination patterns o Street network: overview of existing street classifications, map of existing street classifications including planned facilities relevant to Future Baseline conditions City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 10 o Bicycle travel: overview of existing circulation conditions for cyclists, existing and proposed bike network map, and barriers and constraints to cycling in Burlingame o Motor vehicles: overview of existing circulation conditions for motor vehicle travel including parking, existing vehicle network classification map, daily and peak -hour volumes, and intersection operations (existing and future baseline conditions) o Pedestrian: Overview of existing pedestrian circulation conditions, a pedestrian circulation map identifying pedestrian priority zones, key constraints and barriers, and/or sidewalk gaps where applicable o Transit: Overview of existing transit service and access, map of exiting public transit service and private shuttles providing service to Burlingame, and a description of key factors affecting transit access in the City, including physical constraints and barriers as well as service constraints affecting transit access Public Services and Infrastructure: Fuscoe Engineering will summarize information on existing conditions in the city related to water, sewer, hydrology and dry utilities (i.e., electrical, telephone, natural gas, cable television, etc.). This analysis will focus on existing conditions and trends as well as the regulatory framework affecting the issues addressed. Fuscoe will review pertinent documents (i.e., existing General Plan elements, special studies, EIRs, existing specific plans) and contact appropriate agencies and organizations. MIG will summarize existing police and fire services, as well as schools, childcare and senior care facilities. Natural Resources. MIG will summarize existing natural resources in Burlingame. MIG will check the California Natural Diversity Database for known occurrences of special -status species in the area, and will prepare a map of the habitat types found in the City. The summary will describe the natural and urban environments, including vegetation types, common wildlife, whether important wildlife movement corridors are present, and what special -status species are known or expected to occur within the General Plan boundaries. The report will describe the urban forest and its value to the community history and to wildlife. This summary will also describe the regulatory setting, including state and federal laws that apply to biological resources in the City. Open Soace and Recreation. MIG will summarize the City's parks, recreation facilities, recreation services and open space areas. This will include an inventory of existing parks and facilities, existing programs (including level of participation), and gaps in services and facilities, including but not limited to, use and location. City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program i 1 Community Indicators. MIG will summarize key indicators of current conditions in the community, especially those that measure quality of life, public safety, economic growth, health and sustainability. The indicators will be drawn from all sections of the report and will serve as a starting point for identifying issues and opportunities. City staff will be responsible for reviewing and providing one consolidated set of City comments to the MIG Team for each Existing Conditions Report. Task 1.9: Settings and Opportunities Summary Building upon the information contained in the Existing Conditions Reports, MIG will prepare a highly visual, easy -to -read and user-friendly summary of key findings and opportunities. This summary report will include narrative, maps, photo documentation, illustrative examples from comparable communities and other graphics as appropriate, and will be approximately 40-45 pages. It will be created in a PowerPoint format to provide maximum digital accessibility and allow easy online viewing on multiple platforms. City staff will be responsible for reviewing the summary and providing one consolidated set of City comments to the MIG Team. Task 1.10: Planning Commission Study Session MIG will prepare for and facilitate a study session of the Planning Commission to review the status of the program, present the Settings and Opportunities Summary, and solicit input on major issues and opportunities for Burlingame that need to be addressed during the General Plan Update process. City staff will be responsible for preparing the staff report and a short summary of this study session. Task 1.1 1: City Council Study Session MIG will prepare for and facilitate a study session of the City Council to review the status of the program, present the Settings and Opportunities Summary, and solicit input on major issues and opportunities for Burlingame that need to be addressed during the General Plan Update process. City staff will be responsible for preparing the staff report and a short summary of this study session. City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 12 Task 1 Deliverables • Kick -Off Meeting and City Tour Materials: agenda, sign -in sheet, photo database and brief summary (Word/PDF/PPT/JPEG) • Retreat Agenda and Facilitation (Word/PDF) • Refined Work Program (Word/Excel/PDF) • Community Participation and Outreach Plan (Word/InDesign/PDF) • Project Logo, Style Guide and Templates (InDesign/PDF) • Project Newsletters (InDesign/PDF/printed by City) • Post Cards (InDesign/PDF) • Outreach Toolkits (InDesign/PPT/PDF/hard copies for 20 sets) • Stakeholder Interview Summaries(Word/PDF) • Project Webpage and TownSquareTM Products (HTML/CSS/Flash/PDF) • Social Media Strategy and Content (Word/PDF) • Base Maps (GIS/Illustrator/PDF) • Existing Conditions Reports (Word/Illustrator/GIS/PDF/10 printed copies each) • Settings and Opportunities Report (PPT/PDF/10 printed copies) • Planning Commission and City Council Study Session Materials (Word/PPT) Phase 2: Vision and Transformative Strategies Task 2.1: Community Workshop — Vision for the Future At the beginning of this phase of work, MIG will facilitate a community workshop to provide an update on the project and solicit input from the community. The agenda for this workshop will include: 1) project status, 2) summary of work to date, and 3) an interactive exercise to refine an overall vision for the City and identify major urban design, land use, mobility, community health and sustainability objectives. We will utilize the specific plan work the City has conducted as a starting point for developing the General Plan vision by asking participants to confirm, refine or revisit concepts included in those plans. MIG, in coordination with City staff, will be responsible for developing the content, printing materials, and facilitating the workshop. MIG will provide one facilitator and one graphic recorder for this workshop. City staff will be responsible for securing workshop locations, printing and mailing announcements, and providing food. Task 2.2: Draft Vision and Transformative Strategies Framework City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 13 Based on the input received from the Community Workshops and in close coordination with City staff, the Community Advisory Committee and the Planning Commission Sub -committee, MIG will develop a Vision and Transformative Strategies Framework for the updated general plan. This framework will include a vision for future growth, stability and sustainability in Burlingame. This will be followed by a series of transformative strategies designed to create positive change in the city. MIG will submit a draft for City staff review, and will produce a revised version that reflects staff edits. City staff will be responsible for reviewing the draft and providing MIG with one set of consolidated and confirmed edits. Task 2.3: Planning Commission Study Session MIG will prepare for and facilitate a study session of the Planning Commission to review the status of the program and present the draft Vision and Transformative Strategies Framework. The Planning Commission will provide direction to City staff and MIG on any rewording to the Vision and Transformative Strategies Framework. City staff will be responsible for preparing the staff report and a short summary for this study session. Task 2.4: City Council Study Session MIG will prepare for and facilitate a study session of the City Council to review the status of the program and discuss the draft Vision and Transformative Strategies Framework. The City Council will review Planning Commission recommendations and provide direction to City staff and MIG on final wording for the Vision and Transformative Strategies Framework. As an alternative, this study session can be conducted as a joint session with the Planning Commission. City staff will be responsible for preparing the staff report and a short summary for this study session. Task 2.4: Final Vision and Transformative Strategies Framework MIG will revise and prepare a final version of the Vision and Transformative Strategies Framework based upon direction received from the City Council and Planning Commission. City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 14 Phase 2 Deliverables • Community Workshop Materials and Summary (Word/InDesign/PPT/PDF/hard copies) • Draft Vision and Transformative Strategies Framework (InDesign/PDF) • Planning Commission and City Council Study Session Materials (Word/PPT) • Final Vision and Transformative Strategies Framework (InDesign/PDF) Phase 3: Concept Alternatives Task 3.1: Areas of Stability and Change Mapping MIG will analyze existing land use patterns, development patterns, potential projects, circulation opportunities, and environmental resources and constraints. Based on this analysis, and the information prepared during earlier tasks, MIG will prepare a series of Stability and Change Area Maps that will be used as a starting point for developing scenarios during Phase 3. As part of this task, MIG will also prepare a series of public health maps that will be used throughout the project as a way of educating the public and identifying areas of concern and opportunities. Citystaff will be responsible forreviewing the draft mapping and providing MIG with one set of consolidated and confirmed edits. Task 3.2: Concept Alternatives Summary Building upon the Areas of Stability and Change Maps, the MIG Team will develop, in close coordination with City staff, three Concept Alternatives that will be used to show land use, mobility and policy options for the future. This will include identifying specific "focus areas" that are expected to be the primary locations of land use change resulting from the General Plan Update. The Concept Alternatives will be highly graphical and include descriptive text, a diagram and images (including photo simulations and sketches). The Concept Alternatives will be formatted to be large display boards (42" x 60") that can be used during the public outreach and engagement process. The MIG Team will work with City staff to evaluate the Concept Alternatives in terms of implications of land use, mobility, economic development, public facilities and services, and the natural environment. Based on the evaluation, we will prepare a Concept Alternatives Summary Report that includes text, graphics, images and maps. An underlying objective of the report will be to communicate technical and policy issues in a straight -forward manner that is easily understood City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 18 by community members and decision makers. It is anticipated that the report will be prepared in PowerPoint and be approximately 40 pages in length. Specific areas that will be addressed and compared include: • Land use and development, such as planning areas, City limits and opportunity area buildout projections (i.e., dwelling units, building square footage, population and employment), timing, infill and redevelopment potential as well as industrial land conversion. • Urban design criteria to promote future development that builds on the City's existing desirable features and facilitates improvements to areas that will likely undergo change during the timeframe of the new General Plan. • Economic trends, such as number and types of jobs created and tax revenue generated. • Housing, such as dwelling unit types, choices, location and affordability (based on the adopted Housing Element). • Transportation and mobility, including general automotive circulation and multimodal access improvements. The analysis will include performing a set of trip generation calculations and brief qualitative evaluation. • Public infrastructure and service demands, including water, sanitary, storm drainage, flooding, recycled water, police and fire. • Open space and parks and recreation, including the demand for parks, open spaces, recreation programs and impacts on cultural resources. • Conservation and environmental resources, such as water and air quality, water and energy consumption, climate change and greenhouse gas emissions. • Public safety, such as vulnerability to natural and manmade hazards (e.g., sea level rise, floods, heat waves). City staff will be responsible for reviewing the draft report and providing MIG with one set of consolidated and confirmed edits. City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 16 Task 3.3: Fiscal and Economic Analysis SE will build a pro forma model to explore the financial feasibility of various land uses in the three alternatives. SE will work closely with the City and MIG Team to develop up to five prototypical building types to be tested in the analysis. Cost and revenue assumptions in the model will be vetted with local developers active in Burlingame and/or the mid -Peninsula. In addition to helping to identify the most feasible product types for the plan area, the analysis will provide insight on how different development standards could factor into a project's financial performance. The pro forma will test sensitivity to variables such as building heights, FARs, parking ratios, and other planning/zoning factors to provide recommendations on market - appropriate standards for the areas of change. SE will estimate the fiscal impact of up to four land use alternatives (including the existing baseline) on the City's General Fund, on a net annual and cumulative basis over a 25 -year period. SE will update its existing fiscal impact model used for the Downtown and EI Camino Real Specific Plan for the analysis. The fiscal impact analysis will estimate the current operating revenues and expenditures in the areas of change based on existing conditions, and estimate the potential change from projected growth in residential, office/industrial, and retail land uses for each alternative. SE will analyze the property tax, tax increment, sales tax, and other major sources of General Fund revenues generated by each scenario. Based on interviews with key City departments including Police, Fire, Public Works, Parks and Recreation, and Finance, SE will calculate the increase in General Fund expenditures for providing services to new residents and employees under each alternative. Based on the results of the fiscal analysis, SE will determine the extent to which each alternative provides sufficient revenues to offset the increased costs to the City General Fund. Task 3.4: Community Workshop — Concept Alternatives MIG will facilitate a community workshop to solicit input on the Concept Alternatives Summary. The agenda for this workshop will include project update, summary of work to date, and an interactive exercise to review and discuss the various alternatives. The objective of this workshop will be to gain direct feedback from the community regarding which concepts they support. This feedback will help inform the selection of a preferred concept that will be used as the basis for the updated General Plan. MIG, in coordination with City staff, will be responsible for developing content, printing materials and facilitating each workshop. MIG will provide one facilitator and one graphic recorder for this workshop. City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 17 City staff will be responsible for securing workshop locations, printing and mailing announcements, and providing food. Task 3.5: Planning Commission Study Session MIG will meet with the Planning Commission to provide it with an update on the project, discuss the Concepts Alternatives Summary, and present feedback received during the Community Workshop. MIG will facilitate a discussion with the Planning Commission to identify a preferred concept. As an option, this can be scheduled as joint session with the City Council. City staff will be responsible for preparing the staff report and a short summary for this study session. Task 3.6: City Council Study Session MIG will meet with the City Council to provide it with an update on the project, discuss the Concepts Alternatives Summary, present feedback received during the Community Workshop, and discuss the Planning Commission preferred concept. MIG will facilitate a discussion with the City Council to identify the final preferred concept. This preferred concept will be used as the basis for preparing the General Plan Update. City staff will be responsible for preparing the staff report and a short summary for this study session. Task 3.7: Preferred Concept Based on direction received from the City Council and Planning Commission, the MIG Team will prepare a Preferred Concept that will be used as the basis for developing the Draft General Plan Update. Phase 3 Deliverables • Stability and Change Area Maps (GIS/Illustrator/PDF) • Concept Alternatives Summary (InDesign/PDF/20 hard copies) • Community Workshop Materials and Summary (Word/InDesign/PPT/PDF/printed copies) • Planning Commission and City Council Study Session Materials (Word/PPT) • Preferred Concept (InDesign/PDF) City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 18 Phase 4: Draft General Plan Task 4.1: Policy Framework Prior to drafting the updated General Plan, MIG will create a policy framework document that identifies new or modified goals, policies and implementation programs. Our objective is to create a streamlined, action -oriented General Plan. Below we outline a structure that largely follows the structure established in State statutes. However, we are amenable to structuring the General Plan in any manner that works best for Burlingame. In all cases, we look to integrate sustainability and healthy communities principles into all of the Plan elements. The policy framework may identify responsible parties and timeframes for implementation of each plan policy. Color maps and graphics may be used as needed to illustrate various concepts such as sustainability, design and character areas, transit -oriented development, roadway networks, transit improvements, street standards, natural resources, open space, environmental and physical hazards, locations of public facilities, and economic development strategies. The policy framework will be reviewed by City staff as well as by commissions and committees, per staff direction. City staff will be responsible for reviewing the draft and providing MIG with one set of consolidated and confirmed edits. Task 4.2: Administrative Draft General Plan The MIG Team will prepare a new, comprehensive General Plan based on the technical analysis, input received during earlier phases and State legal requirements. The draft General Plan will reflect expressed community values, such as economic vitality, sustainability, safe and healthy communities, connectivity and education throughout each element. As noted above, we will incorporate sustainability and healthy community concepts into each of the individual elements. The updated Plan will also include a comprehensive implementation program that will focus on having the Plan be a living document that results in the desired change in the community. The updated General Plan will include the following elements/sections; the exact order and arrangement of elements and topics will be discussed and confirmed with City staff: • Introduction. MIG will prepare an Introduction that summarizes the new General Plan. This will include a summary of the update process, extensive City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 19 public outreach and engagement process, and a specific discussion on how the updated Plan addresses recent and emerging state sustainability and greenhouse gas reduction mandates. • Land Use Element. MIG will prepare a Land Use Element that includes a new Land Use Diagram and updated land use designations that include allowable use, density ranges, floor -area ratios and other appropriate standards. We will describe the general land use patterns envisioned for Burlingame, and map the distribution of open space and density. This will include developing a set of standard street design guidelines based on the variety of street typologies specified in the plan. Building from the vision and community values, MIG will identify new goals, policies and implementation measures that will form the basis of urban design components to the General Plan. We will utilize the extensive public outreach and engagement process results as a resource that provides initial direction for defining urban design standards and guidelines. MIG will use photo examples to illustrate development standards, prototypes and character in focus areas. We will create a map and describe the distribution of character areas, building heights, development intensity and key public/private interface areas. MIG will also develop policies to promote community goals such as public health and equality, promote infill and compact development, revitalize urban and community centers, and protect natural resources. The Land Use Element will also include a specific section on climate change and adaptation. Building upon the work the City has already done to prepare an initial draft Climate Action Plan, MIG will develop a complete set of policy directives necessary to fully address climate change. Our recommendation is to include all relevant CAP policy within the General Plan (as opposed to a separate stand-alone document) to fully integrate policy. This is a common approach that we have had success with on previous projects. In addition, and as part of the EIR process (see Phase 5), MIG will conduct necessary greenhouse gas and air quality modeling to support the climate change analysis. • Mobility Element. MIG, with support from Nelson\Nygaard and Hexagon, will prepare a Mobility Element that describes the planned transportation network, including a new Circulation Diagram. We will produce full-color maps showing planned pedestrian facilities; bicycle facilities; bus, shuttle and paratransit facilities and services; rail transit facilities and services; electric vehicle infrastructure; and streets and roadways for automobiles, including freight and high -occupancy -vehicles. We will update general plan policies related to Complete Streets and multimodal transportation, City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 20 Transportation Demand Management, access for the mobility impaired, site design guidelines, guidelines for the coordination of land use and development with the provision of adequate transportation facilities and services, and neighborhood traffic management. We will also develop an Access Action Plan, including a work plan and timeline for near-term and long-range actions necessary to implement the plans and policies in the Mobility Element. Conservation and Open Soace Element. MIG will prepare an updated Conservation and Open Space Element that shows the distribution and potential locations of recreation facilities, schools, public buildings and waste facilities. We will produce maps and define requirements for trails, parks and recreation access as well as cultural and historical resources. We will also identify methods for conservation of features such as water, soils, archeological resources and wildlife. Noise Element. MIG will prepare a Noise Element that includes appropriate noise standards and policies to address development under the new General Plan. We will produce Future Noise Exposure Contours calculated based upon future traffic data, railroad usage assumptions and other information provided by the City. MIG will prepare a Noise Contour Map in terms of Len in increments of 5 decibels down to 60 dab Len. Safety Element. MIG, with support from Fuscoe Engineering, will prepare an updated Safety Element that addresses areas constrained by hazards such as high noise levels, flooding, seismic and geologic hazards, fire danger, hazardous materials and other topics as appropriate. This will include policies and programs specifically related to greenhouse gas reduction, climate change adaptation and sustainability. Economic Development Element. MIG, with support from Strategic Economics, will prepare an Economic Development Element that supports the General Plan's vision from an economic perspective. The element will include a realistic plan to implement its economic goals and objectives in the absence of redevelopment. In preparing this element, SE will evaluate current and future development opportunities, and help the City identify related goals in terms of job quality, reduced unemployment, tax benefits, retail shopping opportunities and visitor -serving uses. Based on the assessment of goals and opportunities, SE will craft a policy framework, internally consistent with other general plan elements, to clearly express the City's economic development vision. The element will include an implementation action plan that recognizes the City's anticipated staffing City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 21 capabilities and which leverages local and regional resources to maximize Burlingame's profile in the marketplace. Public Services and Infrastructure Element. MIG, with support from Fuscoe Engineering, will develop a Public Services and Infrastructure Element. This element will include goals, policies and programs related to fire, police, emergency medical services, disaster preparedness, water, wastewater, telecommunications, and drainage. There will be a special focus on the creation of Low Impact Development (LID) techniques and sustainability concepts in new infrastructure investment. The Administrative Draft General Plan will be submitted to the City as a series of separate Word files with embedded or attached images and figures. City staff will be responsible for reviewing each element, adding track -change comments and edits to the Word tiles, and providing one set of consolidated and confirmed edits. Task 4.3: Public Draft General Plan MIG will incorporate City staff comments and prepare a public draft General Plan. The public draft General Plan will include final formatting in InDesign and will be highly graphic and easy to read. (If the City desires an ePlan document, the Public Draft General Plan would not be formatted in InDesign.) This will include all images, figures and diagrams necessary to fully articulate the policy concepts included under each element. City staff will be responsible for reviewing the full plan, and providing one set of consolidated and confirmed edits. City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 22 Task 4.4: Community Open House MIG will plan and facilitate a citywide open house on the draft General Plan. The MIG Team will be available to answer questions about the project and the draft General Plan elements. This will provide an opportunity for members of the public to provide feedback on the draft elements, including the vision, goals, policies and programs. MIG will prepare large boards or posters that describe each of the draft elements, highlighting new policy concepts and major changes from the existing General Plan. MIG, in coordination with City staff and the project team, will be responsible for developing the content, printing materials and facilitating each workshop. City staff will be responsible for securing workshop locations, printing and mailing announcements, and providing food. Phase 4 Deliverables • Policy Framework (Word/Illustrator/GIS/PDF/20 hard copies) • Administrative Draft General Plan (Word/Illustrator/GIS/PDF/5 printed copies) • Public Draft General Plan (Word/Illustrator/GIS/PDF/printed copies to be defined) • Community Workshop Materials and Summary (Word/]nDesign/PPT/PDF/printed copies) Phase 5: Environmental Review Task 5.1: Initial Study, Notice of Preparation and Scoping Meeting MIG will complete an Initial Study (IS) checklist and narrative to appropriately focus the topical contents of the General Plan Environmental Impact Report (EIR). Although the Zoning Ordinance update will not have been completed by this time, we will write the EIR to anticipate changes to the Zoning Ordinance to achieve General Plan consistency, as well as revisions to Specific Plans required to achieve the same. This will allow us to prepare a Consistency Finding or Addendum for future actions associated with this work program (following General Plan adoption). Those focus topics determined to have a potentially significant impact on the environment will be further analyzed during development of the Draft EIR, and associated mitigation strategies closely linked to General Plan policies and zoning ordinance updates will be identified. MIG will also prepare the EIR Notice City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 23 of Preparation (NOP) to attach to the IS, and will attend one CEQA-required EIR scoping session with responsible/interested agencies and members of the public. City staff will be responsible for reviewing and approving the NOP/IS, compiling the mailing list (with MIG assistance), and distributing the NOP/IS to responsible and interested agencies. Task 5.2: Draft Environmental Impact Report The MIG Team will develop a program -level Draft EIR that considers all aspects of General Plan implementation (i.e., citywide policy initiatives, as well as potential individual project approvals, construction and operation) in order to streamline both future entitlements and CEQA work. This task will be concurrent and collaborative with the General Plan update process. Environmental topic areas and potential CEQA-defined impacts will be aligned with potential new policies and amendments. General Plan policies will address environmental topics such as sustainability, efficient land use, and connectivity, which in turn will avoid or reduce potential impacts. The EIR will not react to a completed General Plan Update; the EIR will help form the update process. Mitigation will be developed through close coordination with General Plan policies and implementation strategies, integration of uniformly applicable development standards (CEQA section 15183 - Projects Consistent With a Community Plan or Zoning), and application of mitigation measures from recent projects. In turn, the evaluation of focus topics in the Draft EIR will identify how proactive measures will avoid or reduce potential impacts to less -than -significant levels, without the need for additional mitigation. CEQA encourages the efficient use of applicable, certified CEQA documents and discourages redundancy. The EIR will enable streamlined CEQA review for future individual development proposals, based on the following CEQA Guidelines sections: • 15183- Projects Consistent With a Community Plan or Zoning • 15183.3 -Streamlining for Infill Projects • 15152 - Tiering • 15162 -Subsequent EIRs and Negative Declarations • 15163 -Supplement to an EIR • 15168 - Program EIR • SB 743 - Draft revisions to CEQA (July 2014) Each of the CEQA Guidelines sections listed above affords opportunities for significant streamlining. MIG will prepare guidelines explaining how the City can City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 24 apply these CEQA streamlining opportunities to future projects. The guidelines will be included in the Draft EIR introduction - so that decision makers and other readers can easily understand how the City will use the EIR proactively over time as the Update is implemented. The guidelines can also be printed separately as a handout for individual project applicants to help the applicant better understand the CEQA process and how the City's process can save time and money. We anticipate that the following 14 focus topics will be of importance to City decision makers, interested agencies and the public during their consideration of the General Plan. These topics will receive emphasis in the Draft EIR. For the remaining topics (agriculture and forestry resources, mineral resources), the Initial Study will include brief written statements explaining why no significant impacts are anticipated. Likewise, the Initial Study will be the foundation for focusing potential impacts so that the EIR does not include irrelevant information that obscures environmental issues that need to be addressed. • Aesthetics: Consistent with CEQA, the EIR will independently evaluate the potential impacts of the land use and urban design policies on the visual character and image of the planning area, including on vistas of San Francisco Bay. This will include potential citywide impacts under the General Plan buildout. Beneficial aesthetic effects of the project also will be discussed. The EIR will recommend any project refinements warranted to minimize identified visual impacts, including measures that ultimately may be incorporated into the Zoning Ordinance and/or Specific Plans. • Air Quality. The EIR will assess the local and regional air emission impacts of General Plan buildout based on the most recently adopted modeling criteria of the Bay Area Air Quality Management District (BAAQMD), with criteria and toxic air contaminant modeling. For any significant impacts, the EIR will identify mitigations consistent with BAAQMD CEQA requirements that can be formulated into General Plan policies or zoning amendments. Current guidance from BAAQMD recommends the use of a recently released modeling tool: the California Emissions Estimator Model (CalEEMOd). MIG will consult with BAAQMD regarding use of CaIEEMod and preferred modeling approach at the time of analysis. • Biological Resources. Based on available biological surveys of special - status plants and animals in the City and Bay Shore, MIG will ensure that General Plan Update policies and amendments regarding these resources are consistent with Best Management Practices and jurisdictional protocols for mitigating potential impacts. City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 25 • Cultural and Historic Resources. Pursuant to CEQA Guidelines section 15064.5, the EIR will evaluate the potential effects of the General Plan Update on any identified or potential cultural or historic resources in the planning area. CEQA-based mitigation protocols that can be incorporated directly into General Plan policy will be identified. The results of these assessments will be incorporated into the impact findings, with mitigation protocols that can be included in updated policy and amendments. • Geology and Soils. The EIR will identify potential geotechnical impacts of General Plan development and describe mitigation protocols (including City Building Department requirements) to reduce potential impacts of earthquakes to less -than -significant levels. • Greenhouse Gas Emissions (GHG). The EIR will address the GHG implications, both beneficial and adverse, of General Plan buildout. The EIR will quantify project climate change impacts based on the most recently adopted modeling criteria of the BAAQMD. The EIR will also analyze consistency with BAAQMD's adopted Clean Air Plan (CAP). For any significant impacts, the EIR will identify mitigations consistent with BAAQMD CEQA requirements that can be included in General Plan Update policies and amendments. • Hazards and Hazardous Materials. Based on review of available data (including the Department of Toxic Substances Control EnviroStor website), the EIR will discuss the potential for future hazardous material exposure impacts associated with potential development under General Plan buildout and describe associated jurisdictional mitigation protocols. MIG will prepare a technical report on the Federal, State, County and local regulations that apply to the use, storage, transport and disposal of hazardous materials in the planning area (this information will also provide the "Regulatory Setting" section of this EIR chapter). Based on this technical report, the EIR will describe the project's proposed changes to the City's review process regarding hazardous materials and evaluate how those changes would avoid or reduce potential environmental impacts. • Hydrology and Water Quality. The EIR will describe drainage, flooding and water quality issues. Fuscoe Engineering will assist in analyzing potential impacts and identifying mitigations. • Land Use and Planning. The EIR will independently evaluate the land use implications, both beneficial and adverse, of the General Plan Update City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 26 and will identify any significant impacts under CEQA (e.g.," division of an established neighborhood"). The EIR will then identify any associated mitigations, including recommended General Plan refinements that can be incorporated directly into Update policies and amendments. In addition, to comply with CEQA, the consistency of the General Plan proposed policies with relevant regional planning policies (e.g., BAAQMD) will be evaluated. • Noise and Vibration. The EIR will describe the impacts of General Plan development policies and associated future buildout on the local noise/vibration environment. Short- and long-term noise measurements and existing noise contours will be provided. Projected noise modeling and contours under the proposed Update will be developed. The EIR will analyze construction noise/vibration, traffic and rail noise/vibration, and land use compatibility within the projected noise environment. The EIR will then identify effective and feasible mitigations that can be incorporated directly into General Plan Update policies and amendments. • Population and Housing. The EIR will describe the project's potential effects on housing and population in order to provide the statistical basis for related quantitative environmental impact evaluations (e.g., public services and utilities). General Plan Update implementation is not, in itself, expected to cause CEQA-defined population or housing impacts (e.g., substantial displacement). • Public Services (including recreation). The EIR will evaluate the project's effects on the following public services: fire protection, police protection, schools and parks/recreation. Appropriate service providers (identified in coordination with City staff) will be contacted to help identify potential impacts and formulate any mitigations that can be incorporated into General Plan Update policy and uniform standards. • Transportation and Traffic. Hexagon will prepare the travel demand forecasts using the VTA/CCAG model, which includes a sophisticated routine for forecasting transit trips. The model also includes a module to forecast bicycling trips. However, the bicycling module could use better validation. Hexagon could work on validating the bicycle module as an optional task. Walking trips generally occur within a zone and are accounted for with the trip generation equations. The Year 2040 modeling process consists of the following subtasks: A. Refine and Validate the Model: Hexagon will refine the VTA/CCAG model for application in Burlingame. This will involve comparing 2014 City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 27 model forecasts to 2014 traffic counts. The City of Burlingame will supply the 2014 land use data. Hexagon will adjust model parameters to get a reasonable validation. B. Develop Future Land use Data Files: City staff will develop land use forecasts for the 2040 baseline and proposed General Plan scenarios. The land use and demographic data used by the model is expressed in terms of the number of households, household population, household income, six types of employment (retail, service, other, agricultural, manufacturing, and wholesale) and school enrollment (elementary, high school and college). C. Transportation Improvements: Hexagon will consult with VTA and City staff to determine which regional and local transportation improvement projects will be assumed for the General Plan horizon year. The model's transportation networks (highway and transit) will be updated to reflect these improvement projects. The baseline transit network will include the Caltrain electrification project. D. Develop Forecasts: Forecasts of future demand on the City's transportation system will be prepared using the adjusted VTA/CCAG travel demand model. This model uses widely accepted transportation planning formulas to convert forecasts of future land use into the number and distribution of future vehicle trips on the roadway network and transit ridership on the transit system. Peak -hour traffic volumes (peak -hour intersection turning movement volumes and roadway segment volumes) and transit ridership on the public transportation system (bus routes and Caltrain) will be forecasted by the model. Other model outputs will include vehicle miles traveled, hours of delay, travel speeds, the number of trips generated, and trips by mode (drive alone, carpool, transit, bike and walk). E. Model Adjustment Interface: Although the model will be calibrated against existing traffic counts and should reflect existing travel patterns reasonably well, it is not recommended to use model forecasted turning movements at intersections, verbatim. Therefore, the model forecasts will be adjusted based on existing traffic counts, base year and future year model volumes. F. Review and Report Forecasts: The output data from the model forecasts will be reviewed to ensure that the results are reasonable and reflect expected changes in traffic as a result of the assumed land use growth and transportation improvements. Hexagon will supply City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 28 link -level adjusted forecasts to Nelson\Nygaard for use in the operational assessment. G. Transportation Impact Assessment: Nelson\Nygaard will prepare an operational assessment that will utilize the travel demand forecasts to be prepared by Hexagon. The operational assessment will identify potentially significant transportation impacts for incorporation into the Draft EIR. Additional Travel Demand Scenario Testing (optional): Hexagon can prepare additional scenario testing utilizing the VTA/CCAG model to test TDM measures, such as parking cost, increased transit services or discount transit passes. Utilities and Service Systems. The EIR will evaluate the project's effects on water supply and distribution, sanitary sewer treatment capacity and distribution, and storm drainage. The EIR will also evaluate solid waste/recycling services. A sequence of two Administrative Draft EIRs will be delivered for City staff review, and then a Screencheck Draft EIR will be prepared for final review by a limited number of City staff before a public release Draft EIR is completed. City staff will be responsible for reviewing and providing one consolidated set of City comments to the MIG Team on the two Administrative Draft EIRs and the Screencheck Draft EIR. Task 5.3: Final Environmental Impact Report MIG will prepare a Final EIR that includes responses to public and agency comments received on the Draft EIR during the 45 -day public review period. The budget assumes there will be approximately 120 individual comments requiring a response (note: each comment letter may include multiple comments). MIG will also prepare a Mitigation Monitoring and Reporting Program for adoption with the Update. An Administrative Final EIR will be delivered for City staff review before a public release Final EIR is completed. City staff will be responsible for reviewing and providing one consolidated set of City comments to the MIG Team on the Administrative Draft Final EIR, Final EIR and the Mitigation Monitoring and Reporting Program. Phase 5 Deliverables City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 29 • Notice of Preparation and Initial Study Checklist (Word/PDF) • Scoping Public Meeting Materials and Summary (Word/Illustrator/InDesign/ PDF/hard copies) • Two Administrative Draft EIRs; Screencheck Draft EIR and Public Release EIR (Word/PDF/20 printed copies, with technical appendices on a CD) • Final Environmental Impact Report and Mitigation Monitoring and Reporting Program (Word/PDF/20 printed copies) Phase 6: General Plan Hearings and Adoption Task 6.1: Planning Commission Public Hearings (2) MIG will meet with the Planning Commission two times to present, discuss and receive input/direction on the Draft General Plan and Draft EIR. These hearings will provide an opportunity for the Planning Commission to formally receive public comments on the draft documents. The conclusion of these hearings will be a formal recommendation on the project to the City Council. City staff will be responsible for preparing the formal staff reports for these hearings. Task 6.2: City Council Public Hearings (2) MIG will meet with the City Council once to present, discuss and receive input/direction on the Draft General Plan and EIR. This public hearing will provide an opportunity for the City Council to review Planning Commission recommendations and formally receive public comments on the draft documents. Following this hearing, MIG will attend a second Adoption Hearing with the City Council to review and discuss the final documents. The conclusion of this hearing will be the City Council's formal adoption of the updated General Plan and certification of the EIR. City staff will be responsible for preparing the formal staff reports for these hearings. Task 6.3: Final General Plan MIG will prepare a Final General Plan based on the outcome of the City Council adoption hearing. Following Plan adoption, MIG will submit all project files to the City, including all GIS shapefiles developed during the process. If desired by the City, this would be the time the digital ePlan would be developed by MIG. (The budget assumes a standard, searchable and updateable ePlan would be City of Budingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 30 developed. Additional features and functionality is available as an optional budget item.) City staff will be responsible for preparing the formal staff reports for these hearings. Task 6 Deliverables • Planning Commission and City Council Hearing Materials (Word/PPT, • Final General Plan (InDesign/Illustrator/GIS/PDF/printed copies to be determined) Phase 7: Zoning Ordinance Update The City of Burlingame Zoning Ordinance (Title 25 of the Municipal Code) has not been comprehensively updated since the 1950s. Over the years, revisions have been made to address evolving land use and development practices, incorporate Specific Plans and special purpose zones and address changes in State law. However, this piecemeal update approach has resulted in internal inconsistencies and a somewhat disorganized structure, with new provisions tacked onto the end of the Ordinance rather integrated into the most logical chapter or section. Also, outdated regulations and confusing administrative provisions have remained embedded in the Ordinance, making it difficult to use. Undertaking a comprehensive approach to updating the Ordinance together with the General Plan Update will give the City the opportunity to evaluate the entire document and rewrite toward these ends: • Reflect modern land use regulations and development approaches, including those incorporating sustainability principles • Implement new General Plan policies developed through the comprehensive update, including anticipated goals that promote complete neighborhoods and districts, as well as transit access • Incorporate all current laws and laws that may become effective during preparation of the General Plan Update • Address all of City staff's "fix it" provisions • Incorporate graphics and tables to make the Ordinance easier to use • Reflect the City's objectives for good design and quality development by including urban design standards and illustrations • Respond to community goals regarding neighborhood preservation • Establish provisions that incentivize high-quality infill projects that are compatible with established development • Create performance standards that reflect conditions and objectives specific to Burlingame City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 31 Ensure that administrative procedures are clear, consistent, compatible with State law, and capable of providing for streamlined review Establish a logical overall Ordinance structure that allows for future amendments in locations where it makes sense. Based on our review of current Title 25, our knowledge of Burlingame, discussions with Planning staff, and information presented in the Request for Proposals, the work plan for the Zoning Ordinance update responds to the City's objectives and incorporates approaches we have found to be successful in other Zoning Code update programs. We will incorporate good design principles and standards into the provisions for each zone category (single-family residential, multifamily residential, commercial, and industrial), with graphics to illustrate what the City seeks to achieve. We anticipate beginning work on the Zoning Ordinance during preparation of the General Plan to inform development/revision of land use categories. However, most of the work will be completed quickly following General Plan adoption. Below we present our initial thoughts on how Title 25 can be reorganized. New Zoning Ordinance Section B risting Zoning Ordinance Section Recommended Improvements City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 32 Section 25.04.010 Zoning plan established—Purpose. Section 25.04.040 Incorporation of State We will revise/update material to appropriately planning act by reference. summarize the General Plan vision. At a Section 25.04.050 Interpretation of Title as minimum we will add: Article 1 minimum requirements. ■ Relationship to other Plans and CEQA General Provisions Section 25.04.060 Application to • Interpretation of Regulations municipal buildings and uses. 0 Zoning Map Adopted and Zones Section 25.04.070 Uses limited to those Established ■ How to deal with projects already in the permitted. pipeline Section 25.04.080 Consistency with General or Specific Plans and CEQA. City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 32 New Zoning Ordinance Section brisling Zoning Ordinance Section Recommended Improvements Chapter 25.26 R-1 District Regulations All existing districts will be evaluated to ensure Chapter 25.27 R-2 District Regulations consistency with General Plan land use Chapter 25.28 R-3 District Regulations designations. Some districts will be deleted, Chapter 25.29 R-4 District Regulations merged with others, and/or added. Chapter 25.30 C-1 District Regulations The provisions for each district will be rewritten Chapter 25.31 C-2 District Regulations and will include a clear purpose statement, Chapter 25.32 BAC (Burlingame Avenue land uses tables and permit requirements, Commercial) District Regulations zone-driven development standards displayed Chapter 25.33 HMU (Howard Mixed Use) in a table format, and references to other District Regulations applicable standards. Chapter 25.34 MMU Myrtle Road Mixed Use) District Regulations For the residential districts, we will ensure that Chapter 25.35 BMU (Bayswater Mixed the use regulations and development Used District Regulations standards reflect specific programs in the Article 2 Chapter 25.36 DAC (Donnelly Avenue current Housing Element necessary to maintain its certified status. Zones, Allowable Commercial) District Regulations Uses, and Chapter 25.37 CAC (Chapin Avenue Development Commercial) District Regulations Standards Chapter 25.38 CAR (California Drive Auto Row) District Regulations Chapter 25.40 Trousdale West of EI Camino Real (TW) District Regulations Chapter 25.41 EI Camino North District Regulations (ECN) Chapter 25.42 C-R District Regulations Chapter 25.43 Inner Boyshore District (IB) Chapter 25.44 Rollins Road (RR) District Regulations Chapter 25.45 Shoreline District (SL) Chapter 25.46 T-P District Regulations Chapter 25.47 Anza Area Chapter 25.48 Anza Point North (APN) Chapter 25.49 Anza Point South (APS) City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 33 New Zoning Ordinance Section Existing Zoning Ordinance Section Recommended Improvements We will revise/update existing sections and add the following sections, among others, as determined to be appropriate by City staff: Chapter 25.56 Rental or Lease of Vacant School Properties Article Chapter 25.58 General Use Provisions • Site Planning and General Development 3 Standards Site Planning and Chapter 25.63 Inclusionary Housing ■ Outdoor Lighting Standards General Chapter 25.70 Off -Street Parking • Accessory Structures Development P Chapter 25.77 Wireless Communications ■ Fences, Walls, and Hedges Regulations Facilities Is Landscaping Standards ■ Property Maintenance Chapter 25.78 Fences and Hedges ■ Performance Standards • Infill Development Standards ■ Revised Off -Street Parking and Loading Standards ■ Density Bonus and Incentives • Sustainable Development Practices Chapter 25.59 Secondary Dwelling Units Chapter 25.60 Accessory Structures In R-1 and R-2 Districts Article Chapter 25.61 Additions To or Standards for Modifications of Residences In Hillside Specific land Uses Areas Chapter 25.68 Home Occupations Chapter 25.74 Automobile Parking Lots, Sales Lots. and Service Stations Chapter 25.76 Adult Entertainment Businesses Regulations and standards for specific uses will be organized into one new Article. Other specific uses that require more detailed regulations specific to the City will be identified and added to this Article. We will draw from provisions currently included throughout the Code and add additional specific uses, including for example: ■ Child Care Facilities per State Law ■ Drive-In/Drive-Through ■ Live Entertainment (with reference to other portions to the Municipal Code) ■ Outdoor Dining ■ Places of Religious Assembly per Federal Law ■ Residential Care Facilities ■ Identify other uses to be considered/added We recommend establishing a new, separate Article to address nonconformities. The new Article will be organized to clearly distinguish Article 5 between nonconforming uses, nonconforming Nonconformities Chapter 25.50 Nonconforming Uses and structures, nonconforming development Structures standards, and nonconforming lots. Also, we will consult with the staff and City Attorney regarding the extent to which these provisions will be revised, particularly with regard to amortization requirements, if any. City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 34 New Zoning Ordinance Section Existing Zoning Ordinance Section Chapter 25.16 Procedure for Classification, Reclassification, Variance or Special Permit Chapter 25.20 Permits and Licenses Article 6 Chapter 25.24 Fees Permit Processing Chapter 25.51 Special Permits Procedures Chapter 25.52 Conditional Use Permits Chapter 25.54 Variances Chapter 25.55 Minor Modifications Chapter 25.57 Design Review Chapter 25.66 Requests for Reasonable Accommodation for Accessibility Recommended Improvements We will organize all of the City's required planning -related permits and approvals into this new Article. Each article will begin with a purpose statement and will be followed by application riling requirements, processing procedures, required findings, and post decision making procedures. We will work with City staff to determine new administrative provisions to be considered to streamline project review. ■ General Provisions ■ Application Processing Procedures (including a comprehensive Review Authority table( ■ Conditional Use Permits ■ Administrative/Minor Use Permits ■ Home Occupation Permits ■ Development/Design Reviews ■ Temporary Use Permits ■ Variances ■ Minor Modifications ■ Zoning Clearances ■ Planned Development Permits ■ Reasonable Accommodations ■ Permit Implementation, Time Limits, and Involving Stakeholders, Decision Makers, and the General Public In Phase 1, we describe the robust public engagement planned for the General Plan Update work program. During the stakeholder interviews (Task 1.4), we will talk to Planning Commissioners, developers, property owners, and others who work closely with the Zoning Ordinance to understand their concerns and ideas for improvement. We will also conduct study sessions with the Commission and City Council to get policy direction on key zoning -related issues while Ordinance City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 35 We will organize all of the City's planning - related administrative provisions into this new Chapter 25.16 Procedure for Article. Article 7 Classification, Reclassification, Variance • Administrative Responsibilities Zoning Ordinance or Special Permit • Amendments Administration Section 25.04.020 Powers and Duties of ■ Appeals ■ Public Notices and Hearings Planning Commission ■ Development Agreements ■ Specific Plans ■ Permit Modifications and Revocations ■ Enforcement Provisions We will modernize the definitions by adding an Article 8 abbreviations section, rewriting text, defining all Definitions Chapter 25.08 Definitions allowed land uses, adding new terms, deleting outdated language, and incorporating graphics. Involving Stakeholders, Decision Makers, and the General Public In Phase 1, we describe the robust public engagement planned for the General Plan Update work program. During the stakeholder interviews (Task 1.4), we will talk to Planning Commissioners, developers, property owners, and others who work closely with the Zoning Ordinance to understand their concerns and ideas for improvement. We will also conduct study sessions with the Commission and City Council to get policy direction on key zoning -related issues while Ordinance City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 35 preparation is underway. We will plan and facilitate at least one community- wide workshop to present new provisions included in the Zoning Ordinance for public review and will invite property owners likely to be affected by the General Plan Update and subsequent re -zoning. Review of Draft Zoning Ordinance Materials MIG will prepare the following documents to allow for comprehensive review and coordination with City staff throughout the process: • A Diagnosis of current Zoning Ordinance and other sections of the Burlingame Municipal Code that have a relationship to the Zoning Ordinance • Draft Style Sheet and Annotated Outline of Zoning Ordinance • Policy White Papers for discussion with the Planning Commission during preparation of the update Zoning Ordinance • Administrative Draft: First draft (in sections) for internal staff review • Preliminary Draft: Second draft (in sections) to ensure that comments have been appropriately addressed, and for discussion with the Planning Commission in study sessions • Public Hearing Draft: Third draft for public review, environmental review, and public hearings with the Planning Commission and City Council Screencheck • Final Zoning Ordinance: Following final Council action on the Zoning Ordinance, internal Screencheck draft to confirm accurate incorporation of changes approved by the City Council • Final Zoning Ordinance: Final Zoning Ordinance codification and publication • On-line Zoning Ordinance: Searchable on-line version of the adopted Ordinance (optional task) Use of a City Staff Technical Advisory Committee The MIG Team will work closely with City staff throughout the process of draft Zoning Ordinance preparation, review, and adoption. To help the program proceed most efficiently and effectively, we recommend that staff establish an in-house Technical Advisory Committee, or TAC. The TAC can consist of select planning staff, representatives from Code Enforcement, and, as needed, the City Attorney and Public Works staff. It may include members from the General Plan TAC, but may also include members with specific zoning or development review expertise who were not part of the General Plan TAC. We will conduct meetings with the TAC to review project progress and significant new portions of the Ordinance. We will be highly responsive to any evolving City objectives that City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 36 may emerge from the TAC or as the document is reviewed. TAC meetings are included in the schedule and budget as staff meetings. Updated Zoning Map MIG will prepare a new Zoning Map to reflect the updated General Plan. This will begin with a General Plan/zoning consistency analysis and result in a new GIS - based Zoning Map. Because properties will be re -zoned citywide either to achieve consistency or reflect new zones, property owners should be engaged and notified. We recommend conducting a workshop focused solely on the proposed zone changes, as our experience has shown that such a meeting addresses specific issues and concerns of affected property owners. State law requires that property owners be directly notified if fewer than 1,000 properties are directly affected. We recommend direct notification of all property owners subject to a zone change. MIG can prepare communication materials for this notification, such as a postcard or newsletter. Task 7.1: Initial Strategy Meeting At the outset of this effort, staff from MIG and Jacobson & Wack (J&W) will meet with City staff to confirm objectives for the Zoning Ordinance update, finalize and schedule the public engagement tasks specific to this phase of the work program, and define how recently adopted land use policies will be reflected in the updated zoning regulations. We will also discuss problems and issues associated with present land use and development regulations (including regulatory topics that need attention but are not fully addressed in the current Zoning Ordinance), and we will review and discuss format and organizational alternatives. (Please refer to our initial thoughts on this topic above.) We understand that several City staff members may keep a list of inconsistencies and confusing provisions (a "fix -it" list) in the current Ordinance that they wish to address. We will ask that staff prepare a consolidated, comprehensive list prior to the meeting to help our team understand staff's objectives and desires for amending the regulations. As part of this meeting, we will review with staff the Municipal Code as a whole to identify other provisions that should be included or cross-referenced in the Zoning Ordinance, or that will, at a minimum, need to be understood so that no conflicts occur with the updated provisions. City staff will meet with MIG and J&W to discuss issues and strategies for updating the Municipal Code. City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 37 Task 7.2: Diagnosis of the Zoning Ordinance Based upon the results of meetings with staff, stakeholder interviews, our review of City staff's list of identified problems with the current Title 25, and our in-depth review of the Ordinance and other relevant documents, MIG and J&W will prepare a diagnosis of the Ordinance and an annotated outline showing how we propose to address issues in the updated Zoning Ordinance. The outline will identify existing deficiencies, the revisions deemed necessary to correct those deficiencies, and where the revisions will be addressed in the comprehensive updated Title 25. We will prepare the diagnosis in a matrix format. The matrix can be used to track revisions to the existing Ordinance during the drafting process and is intended to assist in the preparation of staff report(s) when the updated Ordinance goes through the public review and adoption process. As part of this task, MIG and J&W will also prepare a recommended style sheet, a standard chapter format that will be used, and a working outline for the updated Zoning Ordinance. In consultation with City staff, we will identify which existing zones will remain to implement General Plan land use designations, which will be eliminated as no longer necessary or purposeful, and new zones that will need to be created. MIG and J&W will meet with staff to review the diagnosis, style sheet and format, and outline. Because we anticipate that the Ordinance ultimately will be incorporated into the City's on-line Municipal Code, we will structure the document to allow for easy conversion. Based on the input received from staff, MIG and J&W will revise the annotated outline, format and style sheet, and sample chapter format to illustrate the intended format and style of the updated Zoning Ordinance. The revised outline will form the basis for the comprehensive update. City staff will meet with MIG and J&W,review the diagnosis, style sheet, format and outline; and provide feedback. City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 38 Task 7.3: Administrative Draft Zoning Ordinance MIG and J&W will prepare an Administrative Draft Zoning Ordinance for Planning staff and TAC review. The Ordinance will be prepared as individual articles, chapters and sections in order to allow staff to provide timely, focused feedback. The efforts will focus on: • Restructuring the Ordinance for ease of use (see the draft outline above for recommended restructuring); • Eliminating redundancies and inconsistencies; • Extensive use of tables and illustrative graphics; • Implementing General Plan land use and urban design policies; • Incorporating State law provisions that are not currently reflected in the Code; • Addressing smart growth and environmentally sustainable development practices (such as site design and use of materials); and • Streamlining development review processes. MIG and J&W will prepare the Administrative Draft of all articles of the updated Ordinance. The Ordinance will generally address the following, with the details to be defined as part of the diagnosis process. Chapter 1: General Provisions This Chapter corresponds to Chapters 25.04, 25.20, and 25.24 of current Title 25. We will reformat per the new structure and expand the regulations to address zoning relationships to the CEQA process as well as other provisions required by law. Chapter 2: Zone Provisions Chapters 25.26 through 25.49 establish the various zones in Burlingame and the land use and development regulations that apply. We note that the provisions largely do not contain Purpose and Intent statements for each zone. We will draft purpose statements for each existing and new proposed zoning district. The current Ordinance structure provides long lists of permitted and conditionally permitted uses for each zone. To create an easy-to-use code, we will construct use tables for each zone or groups of zones. (An example section of a table is provided on the next page). We will analyze the use regulations applicable to each zone and the development standards to ensure they reflect the General Plan, other City objectives, and current State law. For the residential districts and other zones that allow residential uses, we will ensure that the use regulations and City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 39 development standards reflect specific programs in the current Housing Element necessary to maintain its certified status. We will expand the development standards to incorporate the following, to the extent desired by City staff: • Good site design and building design principles (those that can and should be codified) • Universal access standards • Sustainable design practices, to the extent desired by the City Residential Zones We understand that the City does not envision substantive changes to the residential zones. Our work here will focus on reorganizing Chapters 25.26 through 25.29 into a single chapter with use and development standard matrices. We will make land use regulatory changes only as directed by staff and as required to meet current State law. Language will be clarified and simplified as needed. Regulations provided for specific uses (e.g., corner stores) may be relocated to new Article 4. A separate table will be prepared for development standards, and these will only be adjusted to include clarifying language, so as not to create widespread nonconformities. To the extent practical and desired by the City, we will move provisions from the current residential design guidelines to the Ordinance. For example, we envision guidelines addressing privacy, porches, and fences could easily be codified by changing Ordinance language (e.g., "shall' instead of "should"). If it makes sense to do so, we will also incorporate updated hillside regulations from existing Chapter 25.61 into this Chapter. If the City prefers that the hillside regulations be kept separate, we will update and incorporate them instead into Article 3. We also recommend including in the Residential Zone Chapter existing Chapter 25.59 (Secondary Dwelling Units). Example of Land Use Table Where the last column in the Table 2-5 includes a Chapter or Section number, the regulations in the referenced Chapter or Section shall apply to the use. Provisions in other Sections of this Development Code may also apply. City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 40 Table 2-5 Allowed Uses and Permit Requirements Land Use C -PI C -G C -F Specific Use Regulations Retail Trade Uses Alcohol Beverage Sales Commercial Zone Permit P Permitted By Right A Permitted as Accessory Use MUP Minor Use Permit CUP Conditional Use Permit — Not Allowed Land Use C -PI C -G C -F Specific Use Regulations Retail Trade Uses Alcohol Beverage Sales Alcohol Sales (off -sale) CUP CUP See 19.60.030 Alcohol Sales (on -sale), Accessory Only A A A (Alcohol Beverage Sales Business) Convenience Store CUP CUP A Eating and Drinking Establishments Pawn Shop Accessory Food Service (open to public) A Retail Store (Less than 20,000 sfl P P CUP Retail Store (20,001 to 80,000 st MUP MUP Retail Store (80,001 or greater s> CUP CUP Shopping Center Neighborhood CUP See 19.12.040 Community CUP CUP (Limitations on Regional CUP CUP Shopping Centers) Vehicle Rental MUP MUP Vehicle Sales - New CUP P Vehicle Sales - Used CUP Vehicle Parts Sales (including stereos/alarms, but no installation) P A Vending Machines - Outside MUP MUP MUP See 19.60.170 (Vending Machines - Outdoor) Isusmess, financial, and Professional ATMs A q A Financial Institutions and Related Services P P MUP Offices — Business or Corporate P P Eating and Drinking Establishments Accessory Food Service (open to public) A A A Bars, Lounges, Nightclubs, and Taverns CUP CUP City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 41 Commercial and Mixed -Use Zones Burlingame has approximately 12 zones for commercial and mixed-use development. Several have been crafted to respond to unique conditions and goals for a focused area (for example, Burlingame Avenue Commercial), and others implement Specific Plans (for example, EI Camino North). During the General Plan process of revisiting land use categories, we will do the same for the commercial and mixed-use zones to ensure they continue to achieve the City's objectives by encouraging the types of land uses and scale of development desired. In consultation with City staff/TAC, we will determine whether any zones should be combined, eliminated, or substantially revised. MIG will prepare a matrix of development standards, with particular attention paid to crafting standards that encourage high-quality, compatible infill development. As with the Residential zones, we will draw from the adopted Commercial Design Guidelines to include design standards into the Zoning Ordinance (e.g., building entries, pedestrian access, massing, fencing/gates) and develop new standards as needed to illustrate the quality the City seeks to achieve. Chapter 3: Regulations Applicable to All Zones MIG and J&W will update provisions that address development regulations applicable to all zones, including parking and loading, landscaping, property maintenance, and operational performance standards. In particular, we will: • Consolidate landscaping requirements into a single article, revise them to meet City aesthetic objectives, and address the requirements of AB 1881 if the City has not already done so; • Update parking and loading requirements as appropriate, including parking structure standards; • Develop comprehensive and clear standards for property maintenance; and • Include performance standards for lighting, noise, and any other conditions desired. Parking MIG and J&W will update the parking standards to address any difficulties staff has had in their interpretation and/or application. In particular, we will create a parking space requirement matrix (with standards changed as needed based on best practices and in discussion with City staff), provide graphics, address sustainable parking lot design, and update the loading facilities requirements. We will also develop standards for bicycle parking and accommodations for parking of electric and other alternative fuel vehicles. Cify of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 42 Sianaae The City's sign regulations are currently contained in Chapter 22 (Signs) and appear to have been updated in 2007. The Sign Ordinance will be updated to ensure consistency with any changes to the Zoning Ordinance. We have budgeted an allowance for focused revisions to the Sign Ordinance. We will discuss with the City whether the it wishes to allow LED signs, either on-site or off- site (billboards) and if so, will develop regulations accordingly. LED signs are an issue we recommend staff explore early with the Planning Commission, as this can be a controversial issue that can take up a lot of time and discussion. Sustainable Development The City may wish to incorporate sustainability principles and green building concepts into the Zoning Ordinance. This approach to planning and development has a spectrum of options depending on how "green" the City wishes to be. For this work program, we recommend a modest approach, incorporating, for example, building orientation, LEED or equivalent standards that can be addressed through zoning controls, and use of sustainable building materials. The City may consider providing incentives for green development strategies, such as increased densities or intensities or expedited application processing. Based on direction we receive during the initial outreach, we will incorporate additional sustainability principles and standards. As part of the scope refinement task, we will discuss with staff how far along the green spectrum the City wishes to go. The Cal Green Code includes provisions related to sustainability that if not currently addressed in the City's Building Code, either explicitly or by reference, can be folded into the Zoning Ordinance. As part of our discussions with the City, we will identify the best approach to addressing Cal Green Code standards. Other Standards MIG and J&W will incorporate other standards and updates to reflect current practices into Chapter 3 including fence and hedges, measurement of building height, accessory structures, outdoor storage, trash enclosures, performance standards (e.g., lighting, noise), property maintenance, trip reduction and transportation demand management and treatment alleys. Chapter 4: Special Land Use Regulations MIG and J&W will update provisions of the Ordinance that address specific uses allowed in multiple zones. We will also identify uses that staff routinely write conditions of approval for and create new regulations to codify these. At a City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 43 minimum, the MIG Team will prepare updated regulations for the following uses currently addressed in the Zoning Ordinance: • Adult Entertainment Businesses (working closely with the City Attorney) • Alcoholic Beverage Sales • Drive -Through Businesses • Large Family Day Care • Residential Care Facilities • Service Stations • Wireless Telecommunications Facilities Chapter 5: Nonconformities We recommend establishing a new, separate chapter to address nonconformities. The new chapter will be organized to clearly distinguish between nonconforming uses, nonconforming structures, nonconforming development standards, and nonconforming lots. Also, we will discuss with staff and the City Attorney whether amortization provisions are desired for any particular uses. Chapters 6 and 7: Administrative Provisions We anticipate making fairly substantive revisions to current Chapters 25.51 through 25.55, as well as bringing into Chapter 6 the administrative provisions that may currently be scattered throughout the Zoning Ordinance, with the goals of: 1) streamlining certain development processes, 2) consolidating provisions to improve usability of the Code and ensure consistency among processes (such as a standard time period to file Appeals), and 3) updating/revising any other administrative provisions that staff has found problematic. We will include a Review Authority table (see example provided) that clearly identifies primary approval and appeal authority for each type of review and discretionary permit. At a minimum, new articles will address: • Purpose and adoption of the Zoning Ordinance, applicability, responsibility and authority for its administration, interpretation procedures, and provisions addressing pipeline applications (applications deemed complete but not yet approved/disapproved that might be affected by an Ordinance amendment) • Definition of the roles of each project review entity, including the Planning Department, Planning Commission, City Council, and any other pertinent bodies • Administrative procedures for discretionary use permits, establishment of an administrative adjustment process, site plan review, development City of Bidingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 44 agreements, specific plans, appeals, zoning map changes, Zoning Ordinance and general plan amendments. We also envision making the provisions for the Special Permit more robust, clearly indicating the circumstances under which the Special Permit may be requested and indicating more clearly the public benefits and trade-offs that must be attained. City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 45 Example of Review Authority table Table 6-1 Review Authority Applicable Role of Review Authority (1) y Code Chapter/ City Zoning Commission Council Type of Action Section Planner Administrator Administrative and Legislative Actions Development Agreements and Amendments 10.118 Recommend Decision General Plan Amendments 10.112 10.86 Recommend Decision Interpretations 10.06 Decision (2) Appeal Appeal Specific Plans and Amendments 10.120 Appeal Recommend Decision Zoning Code Amendments Zoning Map Amendments 10.112 10.112 Appeal Recommend Decision Recommend Decision Planning Permits and Approvals Conditional Use Permits 10.84 Decision Appeal Home Occupation Permits 10.86 Decision (2) Appeal Appeal Minor Use Permits 10.84 Decision (2) Appeal Appeal Minor Variances 10.98 Decision (2) Appeal Appeal Planned Development Permits 10.88 Decision Appeal Reasonable Accommodations 10.90 Decision (2) Appeal Appeal Sign Permits 10.34 Decision (2) Appeal Appeal Site Plan and Design Review (See Table 6-2 for specified thresholds.) 10.94 Decision (2) Decision/ Appeal Appeal Temporary Use Permits 10.96 Decision (2) (3) Appeal Variances 10.98 Decision Appeal Zoning Clearances 10.100 Decision Appeal Appeal Notes: (1) 'Recommend" means that the review authority makes a recommendation to a higher decision making body; "Decision" means that the review authority makes the final decision on the matter; "Appeal" means that the review authority may consider and decide upon appeals to the decision of an earlier decision making body, in compliance with Chapter 10.114 (Appeals). (2) The City Planner or Zoning Administrator may choose to refer the application to the Commission for review and final decision, as authorized by this Zoning Code. (3) The City Manager shall serve as the first line of appeal for Temporary Use Permits in compliance with Subsection 10.96.080 D. (City Manager to Act as Appeal Review Authority). The decision of the City Manager is appealable to the Council. Chapter 8: Definitions MIG and AW will move the Definitions to be the last Chapter of the Ordinance, and will comprehensively update these provisions to reflect changes made to other parts of the Ordinance, ensure consistency with state and federal laws, include illustrations of key terms, and consolidate and standardize all definitions that may now be found throughout the Ordinance. We will provide a definition City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 46 for each allowed land use specified in Chapter 2 (Zoning District Provisions) and for the codified Specific Plans. City staff will provide the consultant team one version of the Administrative Draft that contains all staff mark-ups and comments, preferably using Word's track changes tool. Task 7.4: Prepare Preliminary Draft Zoning Ordinance This task will include revisions to the Administrative Draft Zoning Code Ordinance based on Planning staff/TAC input, the creation of a detailed table of contents, and the addition of graphics and illustrations. Graphics will be used throughout the updated Ordinance wherever they may assist users in visualizing the meaning and applicability of standards, or otherwise improve understanding or ease of use. Following staff review of the Preliminary Draft, the MIG Team will meet with staff to review comments. City staff will provide the consultant team one version of the preliminary draft Zoning Ordinance that contains all of staff's mark-ups and comments using Word's track -changes function. City staff will provide the consultant team one version of the Preliminary Draft that contains all staff mark-ups and comments, preferably using Word's track changes tool. Task 7.5: Prepare Public Review Draft Zoning Ordinance MIG and J&W will prepare the Public Review Draft Zoning Ordinance to incorporate final staff comments on the Preliminary Draft. This is the version that will be available for the Planning Commission workshops. City staff will review the Public Draft and provide a consolidated set of staff mark- ups comments. Task 7.6: Public Workshops with the Planning Commission Prior to formal public hearings on the Draft Zoning Ordinance, we propose to conduct a series of workshops with the Planning Commission, to which the public will be specifically invited to attend and participate. These will be informal sessions that will allow the consultant team and City staff to present the draft Ordinance and Zoning Map to policy makers and the public, to highlight key revisions and new provisions, to discuss mixed-use provisions in a focused manner, to describe development review processes, and otherwise review City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 47 important sections of the updated Ordinance. We find this approach to be very helpful for the subsequent public hearing process. During the workshops, the Commission and public can identify any issues they may have with draft Ordinance provisions, and the staff/consultant team can prepare responses/options to bring back to the Planning Commission as part of the formal public hearing process. Up to 20 workshops will be held throughout the course of the program. Several of these will be allocated to the Zoning Ordinance component. The topics and structure will be determined in consultation with City staff. MIG and J&W will be responsible for preparing all workshop materials, including "white papers" to guide the review process. We will meet with staff prior to each workshop or series of workshops to coordinate presentation of the materials. City staff will be responsible for securing workshop locations, printing and mailing announcements, and providing food. Task 7.7: Zoning Map and Related Public Outreach The City will need to prepare an updated Zoning Map that reflects any new zoning districts and achieves consistency with the General Plan land use policy map. This map will need to be part of the public hearing process for the Zoning Ordinance. In additional to creating the updated map, the City may need to individually notify any property owners of proposed zone changes (unless more than 1,000 properties are affected, then a general notice will suffice). Consistency Analysis Our work scope assumes that the City will provide our team with the current GIS file of the Zoning Map. We will use this and the General Plan land use policy map GIS file created during the MIG the General Plan Update to conduct a consistency analysis and identify where rezoning will need to be accomplished. The consistency review process we will use involves: • Creating a General Plan land use/zoning consistency matrix for staff review. • Preparing a map based on the consistency matrix, showing where properties need to be rezoned because (1) the underlying land use designation has changed, (2) a new land use/zone has been created, or (3) the old zone no longer exists as a result of the comprehensive update; and • Working with City staff to identify the appropriate new zones for affected properties. City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 48 Focused Outreach for Rezoning We recommend focused outreach to property owners likely to be affected by re -zoning. Our experience has shown that the public hearing process can be eased when we directly address the concerns of property owners whose properties will be rezoned to achieve General Plan consistency and/or reflect changes in the updated Zoning Ordinance (for example, renaming or elimination of zones. Many properties may be rezoned as a result of the update to the Zoning Map, and affected property owners may need to be individually noticed in this regard. State law requires individual notice if fewer than 1,000 properties are affected; if 1,000 or more will be changed, then public notice can be limited to an eighth -page newspaper notice. However, many cities elect to provide individual notices in any case. In any event, to help affected property owners understand the reasons for the rezoning and its effects, MIG will prepare an informational newsletter that can be produced in a relatively inexpensive black - and -white format and mailed to affected owners, as well as posted on the City's website. We also recommend conducting one or more of the Planning Commission workshops as a focused rezoning public workshop to answer questions that property owners may have regarding proposed rezoning. The newsletter can also serve as a workshop notice. We have found that many property owners, after they have read the newsletter and/or contacted City staff with questions, are satisfied with the proposals. However, the workshop provides a good forum to allow property owners to review maps and ask questions in a public forum. The City will be responsible for newsletter reproduction costs and mailing/distribution, and responsible for securing workshop locations, printing and mailing announcements, and providing food. Task 7.8: CEQA Documentation The EIR prepared for the General Plan update will address the Zoning Ordinance update; thus, separate CEQA documentation will not be required other than requiring the decision-making bodies to adopt a consistency finding. City staff will be responsible for reviewing draft documents. Task 7.9: Public Review and Adoption City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 49 MIG and J&W will attend two Planning Commission hearings and two City Council hearings to support Zoning Ordinance adoption. We are available to attend additional hearings on a reimbursable basis. City staff will be responsible for preparing the formal staff reports for these hearings. Task 7.10: Final Zoning Ordinance and Zoning Map After the final City Council hearing on the updated Zoning Ordinance and before its effective date, we will prepare a final version to incorporate all changes made by the City Council. We will provide a screencheck version so that City staff can verify that the document accurately incorporates all changes approved by the City Council (including changes recommended by the Planning Commission and accepted by the Council) during the adoption process. Because we cannot anticipate the scope of changes to be directed by the City Council, our budget includes a specific allowance for this task. Any work required beyond this allowance will be billed on a time -and -materials basis with prior authorization from the City. We will prepare the final Zoning Ordinance for delivery to the City for codification and publication. Based on final City Council direction during the hearings, we will make revisions to the Zoning Map. City staff will be responsible for reviewing the final Zoning Ordinance. City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 50 Optional Tasks Below are a series of optional tasks that the City may consider incorporating into the Zoning Ordinance work program. Task 0.1: Searchable Online Zoning Ordinance If desired by the City—and if the City intends to adopt the Zoning Ordinance separate from the Municipal Code—we can prepare and deliver a complete hypertext version of the updated Zoning Ordinance for the City website home page. This version would contain all text, charts, graphics, and illustrations included in the printed document. The functional details of the Online Zoning Ordinance and the appearance of its user interface would be worked out through discussions with City staff; however, the following describes our recommended approach. (Our caution: If the City publishes Title 25 through its Municipal Code publisher as the official Zoning Ordinance, the online hypertext version will always need to be revised in tandem with the official published version. This creates a situation that could arise regarding possible inconsistencies between the two documents. The way to avoid this is to not publish Title 25 with the balance of the Municipal Code, and to have the City maintain the official version. Planning staff will need to discuss with the City Clerk whether this approach is acceptable. We will work out details with the City as part of the scope refinement process.) If the Zoning Ordinance is published online separate from the Municipal Code, a user accessing the City's website would find a scrollable hypertext table of contents showing titles of all chapters. Any selection would jump to the applicable page. Each page would be scrollable (pages larger than the computer screen frame can be shifted up or down to allow viewing of all parts of the page). "Forward" and "Back" buttons on the web browser software toolbar at the top of the screen would allow moving from page to page. Additional functions would allow printing individual or groups of pages, saving one or more pages to a text file, marking a page or section for future reference, and accessing a key word search of the entire Code. The website Zoning Ordinance would be produced in two tasks. A "proof of concept" version consisting of the user interface, search, and other facilities with a demonstration portion of the data would be produced for City staff review. A final, complete version of the website would be produced after City Council adoption of the final document. City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 51 We would assist with the installation of a test version of the software in the Department (or on the consultant's website) and instruct City staff on its use. Based on City staff feedback from use of the test version, we would prepare final versions of the software and conduct workshops for staff on the installation and use of the system. We would remain available to answer City staff questions and correct any problems with the software for a period of one year at no additional cost to the City. 0.2: Updated Design Guidelines As part of the scoped and budgeted work program, MIG intends to incorporate good design principles and standards into the provisions for each zone category (single-family residential, multifamily residential, commercial, and industrial), with graphics and illustrations showing what the City looks to achieve. More detailed, highly illustrative design guidelines that build on the existing City documents can be prepared as an optional task. MIG has an in-house team of talented urban designers who are well qualified to complete design guidelines for the many areas described above. We envision creating a complete Design Guidelines manual to address all areas, with separate chapters focusing on discrete districts or development types. Because the work program can vary widely depending upon the City's expectations and the level of community engagement undertaken, we have provided a budget range in our cost proposal. If the City elects to pursue this optional task, the scope and cost will be determined during the initial scope refinement process. 0.3: Interactive Zoning Map MIG can prepare an interactive Zoning Map that allows members of the public to find out a range of information—and foremost the zoning of a property—using a property address or Assessor's Parcel Number (APN). We would develop an application using an ArcExplorer map project that will enable staff and the public to navigate and conduct basic queries of the GIS data created during the update program. We would deliver a stand-alone ArcExplorer Map application package preconfigured with Burlingame's parcel -level GIS data. This application package would be preconfigured to run directly from a CD-ROM or could be installed on a computer. Task 7 Deliverables: • Diagnosis of Zoning Ordinance • Annotated Outline of updated Zoning Ordinance • Sample format and style sheet and chapter format • Administrative Draft Zoning Ordinance (Word/PDF/5 printed copies) City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 52 • Preliminary Draft Zoning Ordinance (Word/PDF/5 printed copies) • Public Review Draft Zoning Ordinance (Word/PDF/15 printed copies) • Workshop Materials (Word/PPT/PDF/printed copies) • Consistency Matrix (Excel) • Consistency Map (GIS/Illustrator/PDF) • Administrative Draft and Final Rezoning Newsletter (InDesign/PDF/printed copies to be determined) • Hearing presentation materials (PowerPoint/PDF) • Screencheck Final Zoning Code (PDF) • Final Zoning Code (master reproducible; Word/PDF) • GIS files of Final Zoning Map (GIS/PDF) • Searchable Online Zoning Ordinance (Optional Task) • Updated Design Guidelines (Optional Task) • Interactive Zoning Map (Optional Task) Phase 8: Specific Plan Technical Updates 8.1: Administrative Draft Specific Plan Updates Based upon the updates to the General Plan and the Zoning Ordinance, MIG will prepare focused, technical updates to the North Burlingame/Rollins Road, Downtown, and Bayfront specific plans to ensure consistency. These updates will be included within the current Word or InDesign files of the Specific Plans. It is assumed that MIG will be making text edits to these documents, and that any new graphic edits would be an out of scope item. MIG will submit Administrative Drafts of each updated specific plan to City staff for review. City staff will provide the consultant team one version of the administrative draft that contains all staff mark-ups and comments, preferably using Word's track changes tool. 8.2: Public Draft Specific Plans Based upon City staff comments, MIG will prepare Public Drafts of each Specific Plan within their original Word or InDesign files. It is assumed that the specific plan updates will not require additional CEQA analysis, but instead they will rely on the EIR prepared for the General Plan. City staff will coordinate with MIG on final edits and refinements to the specific plans. City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 53 Phase 8 Deliverables: Administrative Draft Specific Plans (Word/InDesign/PDF) Public Draft Specific Plans (Word/InDesign/ PDF/printed copies to be determined) Phase 9: Ongoing Coordination and Management The Project Management Team, in close coordination with City staff, will be responsible for managing the General Plan Amendment process in order to keep the project on schedule and budget. This phase includes internal and external project coordination and management activities, including weekly calls, quarterly meetings, and coordination with other public agencies and community organizations. This phase also includes internal coordination and management between the City and the MIG Team. The MIG Team will also work with three groups - the Technical Advisory Committee, Community Advisory Committee and Planning Commission Sub - Committee to review draft work products, discuss emerging concepts and strategies, and confirm and expand upon community input. Task 9.1: Coordination Calls and Meetings The Project Management Team and Topic Area Leaders will attend weekly conference calls with City staff to coordinate on the project, discuss draft ideas or work products, and schedule near term items or data needs. Laura Stetson and/or Dan Amsden will attend each of these calls. Other team members will be included in calls related to their tasks or work products as needed. As such, the budget assumes a reasonable level of involvement for all team members during the duration of the project. City staff will be responsible for reviewing draft agendas and participating in calls. Task 9.2: City Technical Advisory Committee Meetings (10) As noted above in Phase 7, MIG recommends the City convene a Technical Advisory Committee, or TAC, to consult and advise the project team during the development of the General Plan Update and Zoning Ordinance. The TAC would consist of City staff from Community Development, Engineering, Parks and Recreation, Public Works and other departments with a vested interest in this City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 54 project. Staff from other partner agencies may be invited to participate on the TAC as well. MIG will consult with City staff to develop the TAC roster. The TAC will be convened up to 10 times during the course of the project schedule, to review draft work products, advise on policy and plan development and help staff prepare for public meetings, workshops and hearings. City staff will be responsible for finalizing the list of TAC members and inviting them to participate. For regular meetings, the City will secure meeting locations and provide materials. Task 9.3: Community Advisory Committee Meetings (20) The MIG Team will plan and facilitate up to 20 meetings of a Community Advisory Committee, or CAC, that will represent a range of community interests to advise the project team during the development of the General Plan Update and Zoning Ordinance. Members may include representatives from neighborhood associations, business groups, transportation and housing advocacy groups, environmental organizations as well as residents representing a range of perspectives, including youth and seniors. MIG will consult with City staff to develop the CAC roster. MIG will plan, facilitate and briefly summarize each CAC meeting to inform the work of the project team. The CAC will be active participants in the planning process at each stage, from visioning through adoption, and will serve as liaisons to their constituent groups, inviting input into the process and encouraging community participation in public events, community workshops and online surveys. All CAC meetings will be open to the public and may include public comment periods. City staff will be responsible for finalizing the list of CAC members and inviting them to participate. For regular meetings, the City will secure meeting locations and provide materials and refreshments. Task 9.4: Planning Commission Sub -committee Meetings (10) A sub -committee of the Planning Commission will be convened to work closely with the project team during the General Plan and Zoning Ordinance updates. This group will advise the project team and provide informational updates to the Planning Commission. MIG will plan, facilitate and briefly summarize each meeting to inform the work of the project team. City staff will be responsible for meeting locations and provide materials and refreshments. City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Updafe Work Program 55 Task 9.5: Other Agency and Community Group Coordination The MIG Team will coordinate with other public agencies throughout the General Plan and Zoning Ordinance Update processes. This task includes up to five meetings with other agencies during the course of the project, and ongoing phone and email coordination. This task will allow MIG to have flexible and timely engagement with key groups that may have specific issues or require in-depth conversations with the project team. These meetings will help keep other community workshops focused and ensure the project remains on topic and schedule. City staff will be responsible for assisting MIG with any meeting logistics. Task 9.6: Project Management MIG will have a lead role managing the process to ensure the project remains on budget and schedule. This task accounts for MIG's project management and coordination (emails, calls, data transfers, etc.) with both City staff and the subconsultant team. City staff will be responsible forregular communication with the MIG project management team. Phase 9 Deliverables: • Weekly Project Management Calls • As -needed phone and email communication and in-person staff meetings • TAC Meeting Materials and Summaries (Word/PDF/hard copies) • CAC Meeting Materials and Summaries (Word/PDF/hard copies) • Planning Commission Sub -Committee Materials and Summaries (Word/PDF/hard copies) • Meetings with Community Groups and Agencies • Monthly invoices, budget and progress reports (PDF) Process Schedule The MIG Team believes that the phases and tasks outlined in our work program can be completed within the 24 month timeframe envisioned by the City for General Plan adoption (and 30 month to complete all tasks, including the Zoning Ordinance Update and technical updates to the Specific Plans). To illustrate how we would schedule the project, we have prepared the following detailed Process Schedule graphic that outlines our proposed approach in detail. City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 56 Budget The attached budget presents the MIG Team's estimate of costs for the General Plan and Zoning Ordinance update project. As for all of our projects, we anticipate working closely with the City of Burlingame to revise and tailor the work program and budget to ensure that they reflect Burlingame's needs, resources and goals. City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 57 / c LU I U U) 10 � , 4 \ � z ± ! 4ƒ \ q . t \/\!\\ !a©s !g,0lQnR 2ubQ8QS 2j99G§!§/b! 69%dte2aj`RHH9 �J/Q98P «99 G«9d GR|JC Qg §QbR2 @,ae9! ® QeeRles©w9nntRlg/#agd»g2 elegy! a R SOME ... . . . . . . . . . . . . . . . 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RENEE . . . . i i . . . . . . . . . . . . . . . . A j. 32 .9 ol E E E E o M N a b 3— A Sig . 'i z M. p 3 7.p STAFF REPORT AGENDA NO: 10b MEETING DATE: Feb. 17,2015 To: Honorable Mayor and City Council Date: February 17, 2015 From: Ana Maria Silva, Executive Assistant — (650) 558-7204 Subject: Open Nomination Period to Fill One Vacancy on the Planning Commission RECOMMENDATION It is recommended that Council call for applications to fill one impending vacancy on the Planning Commission. The recommended due date is March 17, 2015. This will allow applicants two opportunities (February 23 and March 9) to attend a Planning Commission 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. I 6 CITY r STAFF REPORT To: Honorable Mayor and City Council Date: February 17, 2015 From: Carol Augustine — (650) 558-7222 AGENDANO 10C MEETING DATE: February 17, 2015 Subject: Quarterly Investment Report, Period Ending December 31, 2014 Staff recommends that the City Council receive and approve the City's investment report through December 31, 2014, and provide feedback on the format and content to be provided in future quarterly reports. BACKGROUND At the beginning of the current fiscal year, the City of Burlingame contracted with PFM Asset Management, LLC for investment advisory services. Since that time, staff has worked with PFM representatives to review the City's portfolio and ongoing cash flows, establish the City's investment goals, confirm procedures for trade approval, and suggest revisions for the investment policy. PFM has recently worked with staff to develop a quarterly investment report that provides information regarding the City's portfolio holdings, with emphasis on compliance with the City's Statement of Investment Policy. The report should also discuss market and economic conditions that might impact the characteristics of the portfolio's investment holdings. This report transmits information regarding the City's investment portfolio as of December 31, 2014. The report includes all invested City funds with the exception of bond proceeds. The City's investments are guided by the Statement of Investment Policy, which is reviewed and approved by the Council annually. The Policy was last approved by the City Council in August, 2014. The policy directs that investment objectives, in order by priority, are safety, liquidity, and yield. This conservative approach ensures that assets are available for use while also allowing the City to earn additional resources on idle funds. The City utilizes a core portfolio of investments managed by PFM, as well as the San Mateo County Pool and the State's Local Agency Investment Fund (LAIF), to achieve its investment goals. CURRENT MARKET CONDITIONS The U.S. economy ended the year on a positive note, reflecting robust growth, a strengthening labor market, and stable inflation. Third-quarter U.S. gross domestic product (GDP) was revised upward to 5.0%, marking the strongest result since 2003. Investment Report, December 31, 2014 February 17, 2015 At the Federal Open Market Committee (FOMC) meeting in December, the Committee revised its "considerable time" language in its post -meeting statement and said that it would be "patient" when normalizing its current accommodative monetary policy. Earlier this month, the Federal Reserve released a policy statement that raised its outlook on the economy largely due to lower unemployment and a boost in consumer spending, while maintaining its commitment to hold off on raising interest rates at least in the near-term. Most notably, the Federal Reserve backed down from an earlier pledge to keep interest rates low in the near term if projected inflation continues to run below 2%. While many believe that the Federal Reserve (Fed) will raise interest rates in mid -2015, this decision remains largely dependent on U.S. economic data in the months to come. In a show of unanimous support of the Federal Reserve's improved assessment of the economy, the FOMC released a statement that largely echoed the sentiments of the Federal Reserve, reaffirming its prediction that inflation is "anticipated to decline further in the near term" as the impact of the lower price of oil diminishes over time. Oil prices experienced a significant drop as global demand decreased and supply simultaneously increased. Demand decreased as global economic growth slowed, and supply increased due to higher North American production and level production from OPEC nations. Oil prices fell 46% for the entire year, and 50% from their peak levels in June. According to the Conference Board, consumer confidence rose in December to its highest level since February 2008. Improving labor market conditions were a key driver of the optimistic outlook. Short- and intermediate-term interest rates rose moderately in December, propelled by general optimism about the U.S. economy and the shift in the Fed's statement on the timing of a first rate increase. However, the yield curve continued to flatten as longer maturity yields fell modestly. Treasury yields in the 2 -year range are up 10 basis points (0.10%) from the prior quarter -end, finishing the year at 0.67%. Yields in the 5 -year range, which moved opposite to shorter maturities, fell 10 basis points from the prior quarter, ending the year at 1.65%. U.S. Treasury Yield Curve 4.0% &5% 3.0% 2_5% 2.0% 3 12 3 5 10 30 M Yyy Y y y Maturity ---December31,2014 —September 30, 2014 PORTFOLIO INFORMATION The City's cash, excluding bond proceeds, is pooled for investment purposes. As of December 31, 2014, invested funds totaled $103,658,838. These investments are assets of the City of Burlingame, which includes the General Fund, the enterprise funds (such as Water, Sewer, and 2 9130114 12131114 3 Month 0.02% 0.04% 6 Month 0.03% 0.12% 1 Year 0.10% 0.22% 2 Year 0.57% 0.67% 3 Year 1.14% 1.15% 5 Year 1.76% 1.65% 10 Year 2.49% 2.17% 30 Year 3.20% 2.75% The City's cash, excluding bond proceeds, is pooled for investment purposes. As of December 31, 2014, invested funds totaled $103,658,838. These investments are assets of the City of Burlingame, which includes the General Fund, the enterprise funds (such as Water, Sewer, and 2 Investment Report, December 31, 2014 February 17, 2015 Solid Waste) as well as various non -major funds. Note that the City's account with the California Employers' Retiree Benefit Trust Fund (CERBT), used to pre -fund the City's retiree medical obligations, is not included in this report. During the final three months of 2014, staff worked with PFM to structure a diversified portfolio in order to achieve its investment goals of safety, liquidity, and yield. Along with City staff input, PFIVI implemented a portfolio strategy that invests in securities with maturities between one and five years, and targets an average maturity of approximately 2.5 years. The portfolio comprises U.S. Treasury obligations, Federal Agency debt, negotiable certificates of deposit, and high-quality medium-term notes. In its initial assessment of the City's holdings, PFM noted that the City already held a number of federal agency securities with call features that had not been exercised by the issuer. As a result, the maturity date of these securities extended to maturity ranges that did not fit the strategy agreed upon with City staff. In order to effectively integrate these investments in the managed portfolio under one concerted strategy, PFIVI will actively monitor these callable securities for opportunities to fold them into the overall strategy should their call features be exercised, or sell them should their market value exceed their carrying cost. Currently, these securities continue to be appropriate for the investment of City funds, and continue to earn a competitive yield. Significant activity including purchases, calls, and maturities during the period ending December 31. 2014 are shown below: As noted in the chart below and on the attached investment detail report, the City's investment portfolio as of December 31, 2014 was heavily weighted towards the State Local Agency Investment Fund (LAIF) and high-quality (AA+ rated) Federal Agency securities to maintain the focus on safety and liquidity. 3 YTM/)rrC % Date Transaction CUSIP # Description Term (Mths) (Yield) Principal 10/14/2014 Purchase 3135GGGY3 FANNIE MAE GLOBAL NOTES 28 0.82% 1,000,000.00 10/14/2014 Purchase 3135GDYT4 FANNIE MAE GLOBAL NOTES 50 1.500% 2,000,000.00 10/14/2014 Purchase 3130AOSD3 FEDERAL HOME LOAN BANK GLOBAL NOTES 16 0.400% 2,000,000.00 10/14/2014 Purchase 313OA2T97 HALF NOTES 24 0.65% 2,200,000.DD 10/14/2014 Purchase 912828TM2 USTREASURY NOTES 35 0.990% 2,000,000.00 10/16/2014 Purchase 0258MODA4 AMERICAN EXPRESS CREDIT CORP NOTES 11 0.56% 1,760,000.00 10/16/2014 Purchase 06406HCW7 BANKOF NEW YORK MELLON NT (CALLABLE) 60 2.19% 1,785,000.00 10/16/2014 Purchase 14912L3KS CATERPILLAR FINANCIAL SE GROUP CORP NOTE 35 1.49% 1,580,000.00 10/16/2014 Purchase 36962G3U6 GENERAL FLEC CAP CORP NOTES 43 1.74% 1,540,000.00 10/16/2014 Purchase 377372AD9 GLAXOSMITHKILINE CAP INC NOTES 44 1,77% 1,540,000.OD 10/16/2014 Purchase 45920OHC8 IBM CORP GLOBAL NOTES 28 1.10% 1,780,000.DO 10/16/2014 Purchase 478160AU8 JOHNSON &JOHNSON CORPORATE NOTE 46 1.58% 1,560,000.00 10/16/2014 Purchase 537640AE3 TEXAS INSTRUMENTS CORP NOTE 32 1.40% 1,450,000.00 10/16/2014 Purchase 89233P7EO TOYOTA MOTORS CREDIT CORP 39 1.56% 795,000.00 10/16/2014 Purchase 91159HHH6 US BAN K NA (CALLABLE) CORPORATE NOTES 55 2.09% 1,760,000.00 10/16/2014 Purchase 94974BFQ8 WELLS FARGO & COMPANY NOTES 52 2.138% 1,770,000.00 10/24/2014 Called 31338051<9 FEDERAL HOME LOAN BANK 48 0.77% 655,172.42 10/24/2014 Called 3133805K9 FEDERAL HOME LOAN BANK 48 0.77% 655,172.41 10/28/2014 Purchase 3135GOVAB FANNIE MAE GLOBAL NOTES 17 0.42% 1,995,0w.aa 11/28/2014 Called 3134G4V39 FEDERAL HOME LOAN MTG COPIR 60 1.51% ioaoonaoo 12/2/2014 Purchase 3137EADGI FREDDIE MAC NOTES 55 1.62% 1,000,000.00 12/5/2014 Maturity 02005QT862 ALLEY BANK UT 24 0.74% 250,000.00 12/8/2014 Purchase 912828RU6 CITIGROUP GLOBAL MARKETS/SOLOMON 24 0.640% 400,000.00 12/22/2014 Purchase 912828RXO CITIGROUP GLOBAL MARKETS/SALOMON-US TREASURY NOTES 25 0.690% 245,000.00 12/22/2014 Maturity 59012YZ91 MERRICK BANK 24 0.55% 250,000.00 12/24/2014 Purchase 912828KQ2 GREENWICH CAPITAL MARKET -US TREASURY NOTES 53 1.560% 465,000.00 12/24/2014 Purchase 912828RXO CITIGROLIP GLOBAL MARKETS/SALOMON-US TREASURY NOTES 25 0.690% 245,000.00 12/26/2014 Called 3130A1063 FEDERAL HOME LOAN BANK 60 1.25% 1,000,G00.00 As noted in the chart below and on the attached investment detail report, the City's investment portfolio as of December 31, 2014 was heavily weighted towards the State Local Agency Investment Fund (LAIF) and high-quality (AA+ rated) Federal Agency securities to maintain the focus on safety and liquidity. 3 Investment Report, December 31, 2014 Market Value $103,382,160.15 Weighted Average Maturity 1.76 Years Average Credit Quality* AA Yield To Maturity 10.81% *Ratings by Standard & Poor's. Averaqe excludes 'Not Rated'securities February 17, 2015 It should also be noted that the LAIF portion of the City's holdings is larger than its holding in the San Mateo County Pool because LAIF funding is more accessible. Withdrawal requests from LAIF, though limited to 10 per month, can be made daily. Withdrawals from the County pool must be made in writing to the Treasurer, at a minimum, 24 hours in advance. The requests are subject to the Treasurer's consideration of impacts to other depositors in the pooled investment fund. Effective this year, any request to withdraw funds from the pool will be released at not more than 12.5% per month. Previously, withdrawals were limited to 20% of the member's balance in the pool. This rule decreases the level of liquidity required to be maintained and provides the pool with opportunities to invest at higher durations and yields than if the funds were totally liquid to the pool participants. Yield History October 31. 2014 - December 31. 2014 0.9% 0.6% 0.3% 0.0% Oct 14 Nov 14 Dec 14 Investment Report, December 31, 2014 February 17, 2015 40% 35% 30% 25% 20% 15% 10% 5% 0% Maturity Distribution As of December 31. 2014 Overnight One Day -6 6-12 Months 1-2 Years 2-3 Years 3-4 Years 4-5 Years Months The following is a summary of cash and investment holdings held by each fund as of December 31, 2014, and includes both invested funds and amounts held in overnight (liquid) accounts: General Fund Internal Service Funds Water Fund Sewer Fund Solid Waste Fund Parking Fund Building Fund Landfill Fund Subtotal, Operating Funds Other Funds Total Cash and Investments Cash and Investments by Fund As of 12/31/14 As of 6/30/14 Change $ $ 29,259,804 $ 20,894,478 $ 8,365,326 14,623,088 14,780,609 (157,521) 14,218,391 11,893,878 2,324,513 11,898,392 8,613,389 3,285,003 2,785,345 2,631,253 154,092 3,368,231 2,804,319 563,912 4,513,560 4,004,607 508,953 370,803 191,504 179,300 81,037,613 65,814,036 15,223,577 34,984,426 31,762,507 3,221,919 $ 116,022,039 $ 97,576,543 $ 18,445,496 The large increase in General Fund cash and investments is due to the receipt of property taxes from the County in December. Typically, this balance will decline until the next influx of property taxes in April. CONCLUSION All City funds are invested in accordance with the approved Statement of Investment Policy with an emphasis on safety, liquidity, and yield (in that order). The City's investment strategy of balancing the investment portfolio between short-term investments (to meet cash flow needs) and longer-term maturities (to realize a higher rate of return) is appropriate given current market conditions. Due to the ease of access of the City's funds in overnight accounts such as LAIF, the City has more than sufficient funds available to meet its liquidity (expenditure) requirements for the next six months. 0 Investment Report, December 31, 2014 February 17, 2015 Staff and the City's investment advisor will continue to closely monitor the City's investments to ensure the mitigation of risk and ability to meet the City's investment goals while being able to respond to changes in market conditions. FISCAL IMPACT Quarterly reporting of the City's Investment Portfolio will not result in any direct impact on City resources. Exhibit: Portfolio Holdings as of December 31, 2014 7 V C i a IS . W N . t N T n W N C1 O N O 1� M Oi N N M N l!1 O M fT I� M N t+l O N V in to m n o � O C .--iC to a+ -+ N M M v 'o cw G 02 IQ V LL z Z 'J s a c 01 co L�IILI�I n o V C i a IS . 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