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HomeMy WebLinkAboutAgenda Packet - CC - 2019.06.03City Council City of Burlingame Meeting Agenda - Final BURLINGAME CITY HALL 501 PRIMROSE ROAD BURLINGAME, CA 94010 Council Chambers6:00 PMMonday, June 3, 2019 STUDY SESSION - 6:00 p.m. - Council Chambers Historic Resource Evaluationsa. Staff ReportAttachments: 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 Presentation of the Nine Sports Awarda. Presentation by the Parks and Recreation Foundationb. Broadway Grade Separation Updatec. PresentationAttachments: Caltrain Business Plane. Page 1 City of Burlingame Printed on 5/30/2019 June 3, 2019City Council Meeting Agenda - Final 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. Approval of City Council Meeting Minutes for May 20, 2019a. Meeting MinutesAttachments: Adoption of an Ordinance to Amend Chapter 13.20.010 of the Burlingame Municipal Code to Add Stop Signs at Various Locations in the City b. Staff Report Ordinance BMC Update Attachments: Adoption of a Resolution Authorizing the City Manager to Execute an Agreement with the Peninsula Conflict Resolution Center for Dispute Resolution Services c. Staff Report Resolution Agreement 2018-19 Mid-Year Mediation Reports: Cases Opened 2018-19 Mid-Year Mediation Reports: Closed Cases Attachments: Adoption of a Resolution Approving and Authorizing the City Manager to Execute an Agreement with the Burlingame Chamber of Commerce to Provide Information and Promotion Services in Fiscal Year 2019-2020 d. Staff Report Resolution Agreement Attachments: Page 2 City of Burlingame Printed on 5/30/2019 June 3, 2019City Council Meeting Agenda - Final Adoption of a Resolution Approving a Professional Services Agreement with BKF for Engineering Design Services Related to the Old Bayshore Highway Corridor Study, City Project No. 85490 and Authorizing the City Manager to Execute the Agreement e. Staff Report Resolution Professional Services Agreement Project Location Map Attachments: Adoption of a Resolution Authorizing the City Manager to Amend the Agreement with All City Management Serves (ACMS) for Crossing Guard Services f. Staff Report Resolution Agreement Attachments: Adoption of a Resolution Authorizing the City Manager to Enter into a Service Agreement with On-Camera Productions for Video Coverage of City Council, Planning Commission, and Traffic, Safety & Parking Commission Meetings g. Staff Report Resolution Agreement Attachments: Adoption of a Resolution Approving the Allocation of Funding for Community Service Organizations for Fiscal Year 2019-20 h. Staff Report Resolution Attachments: Approval of Out-of-State Travel for the Director of Public Worksi. Staff ReportAttachments: Adoption of a Proclamation Declaring the First Friday in June to be National Gun Violence Awareness Day j. Staff Report Proclamation Attachments: 9. PUBLIC HEARINGS (Public Comment) Page 3 City of Burlingame Printed on 5/30/2019 June 3, 2019City Council Meeting Agenda - Final Public Hearing to Consider Proposed Amendments to Title 25, Code Sections 25.32.030 (Burlingame Avenue Commercial District) and 25.70.090 (Off-Street Parking) to Allow Commercial Recreation as a Conditional Use in the Burlingame Avenue Commercial (BAC) District a. Staff Report Proposed Ordinance Zoning Code §§ 25.32.030 & 25.70.090 - Redlines with Proposed Amendments April 15, 2019 City Council Minutes November 19, 2018 City Council Minutes August 17, 2018 & October 11, 2018 ED Subcommittee Minutes February 25, 2019 Planning Commission Minutes Burlingame Downtown Specific Plan Excerpt - Windows Public Hearing Notice - published May 24, 2019 Attachments: 10. STAFF REPORTS AND COMMUNICATIONS (Public Comment) Approval of Revisions to Investment Policy for Fiscal Year 2019-20a. Staff Report PFM Review Memo 2019-20 Investment Policy Investment Policy - redline Attachments: Adoption of a Resolution Suspending CUP Timelines for 778 Burlway During Evaluation of an Alternative Development Plan b. Staff Report Proposed Resolution 2016 Conditions of Approval Attachments: 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Councilmembers report on committees and activities and make announcements. Mayor Colson's Committee Reporta. Committee ReportAttachments: Vice Mayor Beach's Committee Reportb. Committee ReportAttachments: 12. FUTURE AGENDA ITEMS Page 4 City of Burlingame Printed on 5/30/2019 June 3, 2019City Council Meeting Agenda - Final 13. ACKNOWLEDGMENTS The agendas, packets, and meeting minutes for the Planning Commission, Traffic, Safety & Parking Commission, Beautification Commission, Parks & Recreation Commission, and Library Board of Trustees are available online at www.burlingame.org. 14. ADJOURNMENT Notice: Any attendees wishing accommodations for disabilities please contact the City Clerk at (650)558-7203 at least 24 hours before the meeting. A copy of the Agenda Packet is available for public review at the City Clerk's office, City Hall, 501 Primrose Road, from 8:00 a.m. to 5:00 p.m. before the meeting and at the meeting. Visit the City's website at www.burlingame.org. Agendas and minutes are available at this site. NEXT CITY COUNCIL MEETING - Next regular City Council Meeting Monday, June 17, 2019 VIEW REGULAR COUNCIL MEETING ONLINE AT www.burlingame.org/video 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. Page 5 City of Burlingame Printed on 5/30/2019 1 STAFF REPORT AGENDA ITEM NO: STUDY MEETING DATE: June 3, 2019 To: Honorable Mayor and City Council Date: June 3, 2019 From: Kevin Gardiner, Community Development Director – (650) 558-7253 Subject: Historic Resource Evaluations RECOMMENDATION Staff recommends that Council provide feedback on approaches to the evaluation of potential historic resources. BACKGROUND In March 2015, the City of Burlingame initiated a multi-year process focused on a community- led effort to update the City’s General Plan and Zoning Ordinance, called “Envision Burlingame.” The General Plan and Zoning Ordinance are the City’s two documents that regulate all land use, environmental, and transportation decisions made by City leaders. The process of updating the General Plan included consideration of policies intended to address historic resources. This included considerations intended to promote preservation and adaptive reuse of historic buildings, as well as obligations to identify and evaluate potentially historic resources as part of the development and environmental review process. DISCUSSION The City of Burlingame adopted a historic resource preservation ordinance in 2014 (Title 21 of the Burlingame Municipal Code). The ordinance was an implementation of the Downtown Specific Plan (adopted in 2010), and was specific to historic resources located within the boundaries of the Downtown Specific Plan area. The Downtown Specific Plan included a comprehensive historic resources inventory which evaluated all properties within the planning area. Separately, the City initiated historic evaluations in the Burlingame Park neighborhood, based upon documents that were submitted to the Planning Division in 2009 by a Burlingame property owner that indicated that the entire Burlingame Park No. 2, Burlingame Park No. 3, Burlingame Heights, and Glenwood Park subdivisions may have historical characteristics that would indicate that properties within this area could be potentially eligible for listing on the National or California Register of Historical Places. Since that time, for any property located within these subdivisions, a historic resource evaluation must be prepared prior to any significant development project being proposed to assess whether the existing structure(s) could be potentially eligible for listing Historic Resource Evaluations June 3, 2019 2 on the National or California Register of Historical Places. The intent of the historic resource evaluations in Burlingame Park is to comply with the obligations of the California Environmental Quality Act (CEQA), however the historic resource preservation ordinance does not apply to Burlingame Park. CEQA and Potential Historic Resources: With regards to development projects, CEQA requires the reviewing agency (in this instance the City of Burlingame), to determine the impact of a proposed project upon environmental resources; historic/cultural resources being among the numerous categories subject to evaluation. Single-family residence projects are generally considered “categorically exempt” from environmental analysis under CEQA; however, in instances where a project may have a significant adverse impact upon an environmental resource, including impacts upon an historic resource, this exemption is superseded by the need to conduct further analysis of impacts upon the resource. The criteria applied by the local agency for determining whether or not a project may have an impact upon an historic resource are contained within Section 15064.5 of the CEQA Guidelines. Though not stated in the CEQA Guidelines, generally speaking, the minimum threshold triggering the evaluation of a structure as a potential historic resource is that it is at least 50-years old. This threshold is commonly used by the Federal registry program as well as the State registry program. In Burlingame, the 50-year threshold alone would not trigger the need for an historic evaluation of a property; staff generally relies upon additional information regarding the history of the property (e.g. history of the design, ownership, how the site fits into the general growth and development of the community and/or neighborhood) before staff determines further evaluation is required pursuant to CEQA. In the case of properties located within the Burlingame Park neighborhood, the information submitted in 2009 that documents the neighborhood’s history was sufficient to raise the question regarding the historic value of a property within the area, and therefore to comply with the obligations of CEQA historic resource evaluations are warranted to determine eligibility as a State or Federal resource as part of the environmental analysis of applicable projects. An important distinction is that the obligations under CEQA to consider environmental impacts, including impacts to historic resources, only pertain to projects requiring “discretionary” review. A discretionary project is one that requires the exercise of judgment or deliberations on the part of the agency to determine the efficacy of approving a particular project. This is distinguished from “ministerial” actions that require the agency to simply determine compliance with specific standards and codes (e.g. issuance of a building permit). Within the City of Burlingame, any development project (including remodeling of existing structures, changes of use in certain instances, etc.) that requires review and approval by the City’s Planning Commission is considered “discretionary” for purposes of CEQA. For this reason, any project submitted for consideration by the Planning Commission must first be evaluated at the staff level to determine the level of review required pursuant to CEQA. In Burlingame, discretionary permits subject to Planning Commission review include design review Historic Resource Evaluations June 3, 2019 3 applications (both residential and commercial), second-story additions to single family homes, and demolition and rebuilds of single family homes. Ministerial permits not typically subject to Planning Commission review include most single-story additions to single family homes, improvements to commercial buildings involving alterations of less than 50 percent of a façade, and permits for routine building maintenance. General Plan Draft and Adopted Policies: For areas of Burlingame outside of Downtown or Burlingame Park, staff generally relies upon information at hand to assess whether further evaluation is required pursuant to CEQA for a development project requiring discretionary review. In some instances, there may be pertinent information in the Planning Division’s files for the property. In other instances, information is provided to the Planning Division by an interested party. In either instance, staff is not in the position to judge the merits of the materials in the file and/or that have been submitted for the property, so in instances where information is discovered or provided, a historical evaluation is commissioned in order to allow a determination for purposes of CEQA. The Draft General Plan included a policy intended to ensure that historic resources are adequately and consistently evaluated through the development and environmental review process: DRAFT Policy CC-3.2: Comprehensive Historic Surveys Require applicants for any discretionary permits that involve remodeling, removing, or substantially altering any structure older than 50 years (at the time of the application) to prepare a Historic Resources Analysis consistent with State CEQA requirements to identify the historical significance of the property. Per CEQA, the policy would have required historic evaluations for discretionary permits (which involve projects subject to Planning Commission review), but would not include ministerial permits such as building permits not subject to Planning Commission review. The approach was intended to emphasize equity, in that only properties undergoing significant development would be subject to historic review, and the cost of review would be the responsibility of the applicant. However, over the course of the review of the Draft General Plan, members of the community and the City Council raised concerns with this approach, as it would require evaluations to be undertaken for any property greater than 50 years old. This threshold encompasses the vast majority of homes in Burlingame. The concern was that such evaluations would be onerous to applicants in instances where there is a low likelihood the property would be potentially eligible for historic status. As a result of concern, the draft General Plan policy was revised to allow further study: ADOPTED Policy CC-3.2: Historic Evaluation Approaches Evaluate options for identifying potential historic resources, both to allow property owners to utilize historic preservation incentives and as a consideration in development review. Historic Resource Evaluations June 3, 2019 4 This study item is a continuation of the discussion initiated during the General Plan Update process regarding historic resources. Alternate Approaches: Since the evaluation of historic resources is a matter of State law, it applies to all jurisdictions, and jurisdictions in California have approached this issue in various ways. Some have conducted citywide or neighborhood-wide surveys to determine potentially historic properties, while others have adopted review procedures for discretionary permits in the manner of the approach first proposed in the General Plan. A citywide survey would be anticipated to cost between $200,000 and $300,000 and would likely be funded by the City; Individual historic resources prepared by the City’s historic resource consultant currently cost $3,900 for a single family property and are the responsibility of the applicant. The staff presentation will include information on the approaches utilized by neighboring communities such as San Mateo, Redwood City, Mountain View, and Palo Alto. Expansion of Historic Resource Programs: While the emphasis of this discussion has been regarding the obligations of evaluating historic resources under CEQA, any potential changes to screening or evaluation criteria may also consider expansion of the City’s historic resource preservation program (Title 21 of the Burlingame Municipal Code) to areas outside the Downtown Specific Plan area. This could allow eligible properties to benefit from incentives such as flexible land use standards to allow the adaptive reuse of identified historical buildings, promotion of the use of the State Historic Building Code to facilitate the reuse and conversion of historical buildings to alternative uses, and promotion of financial incentives for preservation of historic resources such as the Mills Act, Federal Historic Tax Incentives, and the Federal Historic Preservation Tax Credit program. Currently, these incentives are only available to properties within the Downtown Specific Plan area. FISCAL IMPACT A citywide historic resource survey is anticipated to cost between $200,000 and $300,000. Individual property surveys conducted in conjunction with a development project are the responsibility of the applicant. Broadway Burlingame Grade Separation Burlingame City Council June 03, 2019 Presentation Outline •Project Location/Existing Conditions •Project Goals and Scope •Project Schedule •Project Cost •Proposed Funding Plan •Next Steps 2 Project Location 3 California Dr Existing At-Grade Railroad Crossing at Broadway To San Francisco To San Jose N Ped/Bike Access •Broadway & Morrell Ave. to be grade separated •New grade separated access at Carmelita Ave.Carmelita Existing Conditions •92 Caltrain weekday trains use this crossing, in addition to freight •28,049 average daily vehicle counts for Broadway in year 2014 •Lack of grade separation increases vehicular and train delays •Highest ranked crossing on CPUC Grade Separation Priority List 4 Project Goals •Enhance east-west connectivity •Enhance safety for motorists, bicyclists & pedestrians •Improve customer experience with new station •Improve traffic flow and reduce delays •Reduce automobile congestion and emissions •Improve efficiency of rail operations 5 Project Scope •Railroad to be partially elevated and adjacent roadways (Broadway, Carolan and California) to be partially lowered •New station with center board platform, ramp and stair access •Station parking on east side of tracks with access to/from Carolan Ave. •Two shoofly tracks east of the existing mainline •Ped/Bike crossings at Broadway, Carmelita and Morrell Ave.6 Project Overview 7 Carolan Ave California Dr Broadway Bridge Ped Station Entrance Carmelita AveCenter Board Platform Access Ramp Access Ramp Morrell Ave Ped Xing New Broadway Station (conceptual) 8 Access Ramp Access Stairs Access Stairs Access Ramp Ped. Station Entrance Proposed Grade Separation at Broadway (conceptual) 9 Parking Lot Options –Layout 1 10 Carolan Ave California Drive 80+/-Stall Parking Ped Station Entrance Morrell Ave Ped Xing Parking Lot Layout 1 (conceptual) 11 Parking Lot Options –Layout 2 12 Carolan Ave California Drive 60+/-Stall Parking Ped Station Entrance Morrell Ave Ped Xing Parking Lot Layout 2 (conceptual) 13 Project Schedule 14 Description Start Finish Project Study Report Jan 2014 Jan 2017 Preliminary Engineering/ Environmental Review Mar 2017 Oct 2019 Final Design*Nov 2019 Nov 2021 Right of Way/Utilities*Nov 2020 Nov 2022 IFB/Award*Dec 2022 Jun 2023 Construction*July 2023 July 2026 * Dependent on future funding allocations and coordination with other corridor projects and resources Project Cost (in thousands) 15 Phase Current $YOE $ Project Study Report:$1,000 $1,000 Prelim. Engineering:$4,550 $4,550 Final Design/Env Permits:$19,305 $19,838 Right of Way/Utilities: $23,522 $24,000 Construction:$230,427 to $277,302 Total:$278,804 to $326,690 Year of Expenditure (COE) costs for Final Design and Construction are based on the midpoint of scheduled work. Costs are Order of Magnitude based on 15% design. Cost Variances from San Bruno and 25th Ave. Grade Separations •Construction after electrification •Major right of way needs •Relocation of utilities •Shoofly track construction •Wetlands, creeks and culverts •Price escalation/bidding climate •2025 construction mid-point 16 Proposed Funding Plan (in thousands) 17 Phase Burlingame Measure A Measure W Regional (OBAG 2)State1 Federal2 Total Project Study Report $1,000 $1,000 Prelim. Engineering/ Environmental $500 $4,050 $4,550 Final Design/Permits $1,500 $18,338 $19,838 Right of Way/Utilities $24,000 $24,000 Construction $13,000 $74,302 $15,000 $15,000 $95,000 $65,000 $277,302 Total $15,000 $121,690 $15,000 $15,000 $95,000 $65,000 $326,690 Footnotes 1) Proposed State administered funding sources may include a combination of Section 130, 190, SB 1, TICRP & Cap and Trade Funds. 2) Proposed Federal administered funding sources may include a combination of TIGER/FASTLANE and INFRA funds. 3) Listed funding sources are proposed and are not actual funding commitments. Next Steps •Refine station platform location, parking lot and roadway configurations •Finalize the preliminary engineering and environmental clearance phase •Obtain funding for final design •Advertise and award final design contract •Right-of-way acquisition •Construction 18 Questions ? 19 Agenda Item 8a Meeting Date: 06/03/19 Burlingame City Council May 20, 2019 Unapproved Minutes 1 BURLINGAME CITY COUNCIL Unapproved Minutes Regular Meeting on May 20, 2019 1. CALL TO ORDER A duly noticed meeting of the Burlingame City Council was held on the above date in the City Hall Council Chambers at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE TO THE FLAG The pledge of allegiance was led by Burlingame elementary students. 3. ROLL CALL MEMBERS PRESENT: Beach, Colson, Keighran, Ortiz MEMBERS ABSENT: Brownrigg 4. REPORT OUT FROM CLOSED SESSION a. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (GOVERNMENT CODE SECTION 54956.9): EVANS, ET AL V. BIRD RIDES, INC., ET AL., (CITY OF BURLINGAME, CO-DEFENDANT)(N.D. CAL. 3:19-CV-01207) b. CONFERENCE WITH LABOR NEGOTIATORS (GOVERNMENT CODE SECTION 54957.6) CITY DESIGNATED REPRESENTATIVES: TIMOTHY L. DAVIS, HR DIRECTOR SONYA M. MORRISON, CITY MANAGER LISA K. GOLDMAN, CITY ATTORNEY KATHLEEN KANE, FINANCE DIRECTOR CAROL AUGUSTINE EMPLOYEE ORGANIZATIONS: AFSCME ADMINISTRATIVE AND MAINTENANCE UNITS c. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (GOVERNMENT CODE SECTION 54956.8): PROPERTY: CITY LOT E (PARK ROAD AND LORTON AVENUE) APN 029-204-230 Agenda Item 8a Meeting Date: 06/03/19 Burlingame City Council May 20, 2019 Unapproved Minutes 2 AGENCY NEGOTIATORS: CITY MANAGER LISA K. GOLDMAN, CITY ATTORNEY KATHLEEN KANE, AND COMMUNITY DEVELOPMENT DIRECTOR KEVIN GARDINER NEGOTIATING PARTIES: BURLINGAME PARK SQUARE, LLC UNDER NEGOTIATION: PRICE AND TERMS City Attorney Kane reported that direction was given but no reportable action was taken. 5. UPCOMING EVENTS Mayor Colson reviewed the upcoming events taking place in the city. 6. PRESENTATIONS a. RETHINKWASTE TRASH TO ART CONTEST WINNERS PRESENTATION Mayor Colson explained that RethinkWaste held their seventh annual “Trash to Art” contest, which was open to all third through fifth grade classes and individual students in the RethinkWaste service area. The contest challenged students to create art from normally discarded materials collected at home, school, and around the community. She explained that a total of nine classes and 23 individual students submitted one- of-a-kind pieces. Mayor Colson stated that two of the winners were from Burlingame: • Second Place – Mr. Carney’s green team members (fourth and fifth graders) from Lincoln Elementary School for their “Linc the Non-Littering Lion” statue; and • Third Place – Ms. Vinciguerra’s third grade class at Washington Elementary School for their “Golden Gate of Trash” statue. Student representatives from both classes discussed how they had assisted in creating their art pieces. The Council presented each class with a certificate for their artwork. b. NATIONAL PUBLIC WORKS WEEK PRESENTATION Streets, Storm Drains & Sewer Divisions Manager Michael Heathcote stated that since 1960, the American Public Works Association (“APWA”) has hosted a “National Public Works Week.” The purpose of the week is to encourage and educate the public on the importance of public works. He explained that each year, the APWA picks a theme for the week. This year’s theme is “It starts here.” The theme represents the many aspects of modern civilization that grow out of the efforts put forth by public works professionals. Mr. Heathcote gave examples of the theme including infrastructure, growth and innovation, mobility, and citizens’ quality of life. Agenda Item 8a Meeting Date: 06/03/19 Burlingame City Council May 20, 2019 Unapproved Minutes 3 Mr. Heathcote stated that on Wednesday, May 22, the Public Works Department would be hosting an event to educate the public on the role of the department, answer questions, and showcase the equipment that staff uses to keep the City running. Mr. Heathcote discussed the two awards that the Public Works Department had recently won: 1. Cartegraph’s Flag Forward award for embracing the new era of government technology and program integration 2. Silicon Valley Chapter of APWA’s Project of the Year award for the California Drive Roundabout Project. Council thanked the Public Works Department for maintaining and improving the City’s infrastructure. 7. PUBLIC COMMENT Burlingame resident Adrienne Leigh discussed the Bicycle Pedestrian Advisory Committee (“BPAC”) and asked that the City share street improvement plans with them prior to adoption so that the BPAC can make suggestions. 8. CONSENT CALENDAR Mayor Colson asked the Councilmembers and the public if they wished to remove any item from the Consent Calendar. Burlingame citizen Adrienne Leigh pulled item 8g. Councilmember Keighran made a motion to approve 8a, 8b, 8c, 8d, 8e, 8f, 8h, 8i, 8j, 8k, and 8l the Consent Calendar; seconded by Councilmember Ortiz. The motion passed by voice vote, 4-0-1. (Councilmember Brownrigg was absent). a. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR MAY 6, 2019 City Clerk Hassel-Shearer requested Council adopt the City Council Meeting Minutes for May 6, 2019. b. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR MAY 8, 2019 City Clerk Hassel-Shearer requested Council adopt the City Council Meeting Minutes for May 8, 2019. c. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH GALEB PAVING, INC. FOR THE CONSTRUCTION OF SKYLINE PARK, CITY PROJECT NO. 85460 Parks and Recreation Director Glomstad requested Council adopt Resolution Number 51-2019. d. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO: PROCURE LANDSCAPE STRUCTURES PLAYGROUND EQUIPMENT AND INSTALLATION: Agenda Item 8a Meeting Date: 06/03/19 Burlingame City Council May 20, 2019 Unapproved Minutes 4 PROCURE ROBERTSON INDUSTRIES, INC. TOTTURF SURFACING AND INSTALLATION; AND EXECUTE AN AGREEMENT WITH SUAREZ AND MUNOZ CONSTRUCTION, INC. FOR THE WASHINGTON PARK PLAYGROUND, SPORTS COURT, AND PICNIC AREA, CITY PROJECT NUMBER 85670 Parks and Recreation Director Glomstad requested Council adopt Resolution Number 52-2019. e. ADOPTION OF A RESOLUTION ACCEPTING THE MURRAY FIELD SYNTHETIC TURF PROJECT, CITY PROJECT NO. 84130 Parks and Recreation Director Glomstad requested Council adopt Resolution Number 53-2019. f. ADOPTION OF A RESOLUTION APPROVING A TERM SHEET WITH THE SAN MATEO UNION HIGH SCHOOL DISTRICT FOR THE BURLINGAME AQUATIC CENTER City Manager Goldman requested Council’s approval of a term sheet with the San Mateo Union High School District for the Burlingame Aquatic Center. g. ADOPTION OF RESOLUTIONS AWARDING A CONSTRUCTION CONTRACT TO G. BORTOLOTTO & COMPANY, INC. FOR THE 2019 STREET RESURFACING PROGRAM, CITY PROJECT NO. 85120, AND AUTHORIZING THE CITY MANAGER TO EXECUTE A COST SHARING AGREEMENT WITH THE CITY OF MILLBRAE FOR SEQUOIA AVENUE & MURCHISON DRIVE Burlingame resident Adrienne Leigh, on behalf of BPAC, requested that the 2019 Street Resurfacing Program be amended to include zebra stripping and ADA accessibility improvements at six intersections in the city. She noted that an email had been sent earlier in the day outlining BPAC’s requests. Vice Mayor Beach asked DPW Murtuza to comment on Ms. Leigh’s suggestions. DPW Murtuza stated that staff would review each request to determine if it is reasonable and should be included in the 2019 Street Resurfacing Program. He added that high visibility crosswalks are very effective when they are installed in the right locations. However, if high visibility crosswalks are over-utilized, they become ineffective because people begin to ignore them. Councilmember Keighran asked how long it will take to review BPAC’s requests. DPW Murtuza stated that he believed that it would be done in the next few weeks. Mayor Colson asked if there were any other members of the public that would like to comment on this item. Burlingame resident Kristen Pierce asked that the City put in crosswalks at Davis Drive and Marco Polo Way and Davis Drive and Quesada Way. She explained that the majority of kids that walk or ride their bikes to BIS go through these intersections. Agenda Item 8a Meeting Date: 06/03/19 Burlingame City Council May 20, 2019 Unapproved Minutes 5 Mayor Colson closed public comment. Mayor Colson suggested that Council approve the contract with the understanding that staff will review the public’s requests. Thereafter, if the requests are approved and require an adjustment to the contract, staff would bring them back to Council for approval. DPW Murtuza asked that Council give staff authorization to determine appropriate actions. Vice Mayor Beach made a motion to adopt Resolution Number 54-2019 and Resolution Number 55-2019, to allow staff to make determinations based on the public’s requests about moving forward with the project, and asked that staff work with BPAC and share with them what the standards are for staff’s decisions; seconded by Councilmember Keighran. The motion passed by voice vote, 4-0-1. (Councilmember Brownrigg was absent). h. ADOPTION OF A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO ENGINEERED SOIL REPAIRS INC. FOR THE MILLS CANYON SEWER ACCESS ROAD REPAIR PROJECT, CITY PROJECT NO. 85090, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONSTRUCTION CONTRACT DPW Murtuza requested Council adopt Resolution Number 56-2019. i. ADOPTION OF A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO PMK CONTRACTORS LLC FOR THE POLICE STATION UNDERGROUND STORAGE TANK REMOVAL, CITY PROJECT NO. 84640, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONSTRUCTION CONTRACT DPW Murtuza requested Council adopt Resolution Number 57-2019. j. ADOPTION OF A RESOLUTION EXTENDING THE AGREEMENT WITH MAZE & ASSOCIATES ACCOUNTANCY CORPORATION TO SERVE AS THE CITY OF BURLINGAME’S INDEPENDENT EXTERNAL FINANCIAL AUDITORS FOR THREE ADDITIONAL YEARS Finance Director Augustine requested Council adopt Resolution Number 58-2019. k. ADOPTION OF A PROCLAMATION RECOGNIZING JUNE AS IMMIGRANT HERITAGE MONTH City Clerk Hassel-Shearer requested Council adopt a proclamation recognizing June as Immigrant Heritage Month. Agenda Item 8a Meeting Date: 06/03/19 Burlingame City Council May 20, 2019 Unapproved Minutes 6 l. ADOPTION OF AN ORDINANCE PROHIBITING RETALIATION FOR SMOKING COMPLAINTS City Attorney Kane requested Council adopt Ordinance 1964. 9. PUBLIC HEARINGS a. PUBLIC HEARING TO RENEW THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE DOWNTOWN BURLINGAME AVENUE STREETSCAPE IMPROVEMENTS PROJECT FOR FISCAL YEAR 2019-20 DPW Murtuza stated that in 2012, the City Council initiated proceedings to form the Downtown Burlingame Avenue Streetscape Improvement Assessment District (“District”). He explained that pursuant to the Landscaping and Lighting Act of 1972, because there wasn’t a “majority protest,” the City Council was able to order improvements, form the District, and levy assessments annually for 30 years to the downtown Burlingame Avenue property owners. DPW Murtuza stated that pursuant to the Act, the City must hold an annual public hearing to confirm and levy the assessment. He stated that there were no changes to the assessments, and the report was updated. Mayor Colson opened the public hearing. No one spoke. Mayor Colson noted for the record that the annual assessment is $335,787. She discussed how the funds are utilized to beautify Burlingame Avenue and assist in creating a thriving retail district. She noted that because of these assessments, the Avenue continues to attract new retail and businesses. Councilmember Keighran explained that it wouldn’t have been possible to create the District without the collaboration and support of the landowners in the Burlingame Avenue Commercial Area. She discussed how this had been a unique opportunity to work with the property owners and create a thriving district. Councilmember Ortiz stated that it was a wonderful example of how public-private partnerships can be beneficial to communities. Councilmember Keighran made a motion to adopt Resolution Number 59-2019; seconded by Vice Mayor Beach. The motion passed by voice vote, 4-0-1. (Councilmember Brownrigg was absent). b. PUBLIC HEARING TO INTRODUCE AN ORDINANCE AMENDING CHAPTER 13.20.010 OF THE BURLINGAME MUNICIPAL CODE TO ADD STOP SIGNS AT VARIOUS LOCATIONS IN THE CITY DPW Murtuza stated that the proposed ordinance would add stop signs at the following locations: • Primrose Road at Douglas Avenue • Primrose Road at Bellevue Avenue Agenda Item 8a Meeting Date: 06/03/19 Burlingame City Council May 20, 2019 Unapproved Minutes 7 • Bayswater Avenue at Lorton Avenue DPW Murtuza stated that periodically, the City receives requests for new stop signs to address traffic safety needs. He explained that upon receiving these requests, staff determines whether a stop sign is warranted pursuant to guidelines. If a stop sign doesn’t meet the guidelines, staff will determine if there are other options to increase the safety of the intersection. DPW Murtuza explained that in August 2018, staff installed temporary stop signs at Primrose and Douglas and Primrose and Bellevue to address the immediate right-of-way concerns. DPW Murtuza stated that at the April 11, 2019 Traffic, Safety & Parking Commission (“TSPC”) meeting, staff presented their recommendations to install permanent stop signs at the above listed locations. He explained that based on the Commission’s discussion and public input, TSPC concurred with staff’s recommendation to install permanent stop signs at the three locations. Additionally, TSPC recommended installing a marked crosswalk at the Bayswater Avenue/Lorton Avenue intersection. Mayor Colson asked the City Clerk to read the title of the proposed ordinance. City Clerk Hassel-Shearer read the title of the ordinance. Vice Mayor Beach made a motion to waive further reading and introduce the ordinance; seconded by Councilmember Keighran. The motion passed by voice vote, 4-0-1. (Councilmember Brownrigg was absent). Mayor Colson opened the public hearing. Former City Clerk Mary Ellen Kearney and Burlingame resident Kehlani Vasquez voiced their support for adding a stop sign at the Bayswater and Lorton intersection. Mayor Colson closed the public hearing. Vice Mayor Beach asked if the ordinance is adopted, how quickly can the stop signs be installed. DPW Murtuza stated that it takes a few weeks. He added that the stop signs at Primrose and Douglas and Primrose and Bellevue are already in place. Vice Mayor Beach asked if there is stepped up enforcement by the Police Department when new stop signs are installed. Police Chief Matteucci stated that for the first couple of weeks, the police issue warnings in order to make the public aware of the new stop signs. Mayor Colson asked the City Clerk to publish a summary of the ordinance and that the proposed ordinance be brought back for adoption. Agenda Item 8a Meeting Date: 06/03/19 Burlingame City Council May 20, 2019 Unapproved Minutes 8 c. PUBLIC HEARING TO CONSIDER PROPOSED AMENDMENTS TO TITLE 25, CODE SECTIONS 25.32.030 (BURLINGAME AVENUE COMMERCIAL DISTRICT) AND 25.70.090 (OFF-STREET PARKING) TO ALLOW COMMERCIAL RECREATION AS A CONDITIONAL USE IN THE BURLINGAME AVENUE COMMERCIAL (BAC) DISTRICT Planning Manager Hurin stated that at the April 15, 2019 City Council meeting, staff introduced a proposed ordinance to allow for commercial recreation as a conditional use in the Burlingame Avenue Commercial District. He explained that after discussion, Council continued action on the item until further discussions could be held at the City’s Burlingame Talks Shop retail summit. He noted that this allowed for further comment from the Economic Development Subcommittee and from the public. Planning Manager Hurin stated that the Economic Development Subcommittee recommended limiting commercial recreation uses to the 1400 block of Burlingame Avenue. He explained that the subcommittee also considered whether to require specific dimensions for visible active uses such as retail, waiting/reception, or lounge areas at the front of the space. He stated that after discussions, the subcommittee decided to recommend not specifying a specific minimum depth requirement in order to allow for flexibility in different situations. Instead, the subcommittee recommended that compliance with the active use requirement be reviewed as part of the Conditional Use Permit (“CUP”) within the particular context of each application. This would allow the Planning staff the ability to provide an initial assessment/recommendation to the Planning Commission in the staff report. Planning Manager Hurin stated that the proposed ordinance establishes criteria for approving a CUP for commercial recreation, including: • Requiring active visible uses such as retail, waiting/reception, or lounge areas associated with the businesses along the business frontage abutting the sidewalk; and • Maintaining a clear view into the business by not allowing storefront windows or doors to be obscured. Planning Manager Hurin explained that the proposed ordinance also sets forth text amendments to the Off- Street Parking regulations to exempt commercial recreation uses from providing off-street parking if they are located on the first floor and within the parking sector of the Burlingame Downtown Specific Plan. Mayor Colson asked if Councilmember Keighran and Vice Mayor Beach would like to talk about the proposed ordinance first as members of the Economic Development Subcommittee. Councilmember Keighran stated that the subcommittee decided not to recommend a specific minimum depth requirement because they wanted to allow for flexibility as a result of the different uses and different lot configurations. She explained that the subcommittee thought it might be helpful for staff to make recommendations on a case-by-case basis. She noted that the Planning Commission would review staff’s recommendations. Councilmember Keighran asked if the subcommittee’s proposal had been discussed with staff. CDD Gardiner replied in the affirmative and stated that staff felt comfortable with this responsibility. Agenda Item 8a Meeting Date: 06/03/19 Burlingame City Council May 20, 2019 Unapproved Minutes 9 Councilmember Keighran voiced her concern about the second criteria for approving a CUP for commercial recreation: • Maintaining a clear view into the business by not allowing storefront windows or doors to be obscured. She noted that for certain uses, it wouldn’t be possible to provide a clear view, such as spin classes, that are often done in dark rooms. And for certain uses, the participants would feel more comfortable with some privacy, such as pilates and yoga classes. She added that the pilates studio on Broadway obscures some of the view from the street and that it was done in a tasteful manner. She suggested giving the staff flexibility in determining whether a clear view was necessary. Vice Mayor Beach stated that she liked the idea of these businesses maintaining a clear view, but she explained that she understood Councilmember Keighran’s point. Therefore, she agreed that the language should be softened in order to allow for some flexibility. Councilmember Ortiz discussed the yoga studio in the plaza. He noted that the yoga studio has retail in the front and a narrow doorway in order to ensure privacy in the back. He voiced concern about allowing several businesses to have obscured front windows on Burlingame Avenue. He stated that while he saw the need for privacy for the classes, if there is retail upfront, the class space can be kept behind obscured windows or walls. Mayor Colson stated that there are opportunities to create a storefront where you can see into the front window but you can’t see far into the store. She gave the example of Lululemon and Anthropologie that use models and displays to create privacy inside the store. However, she agreed that depending on the configuration of the space, the City may need to be flexible about this requirement. She suggested bringing the proposed ordinance back after it had been amended to allow for more flexibility in terms of the second criteria. City Attorney Kane stated that there are two ways to accommodate the Council’s request. The first would be to remove the second criteria from the proposed ordinance. She noted that this would leave the issue up to the CUP process. The second option would be to include language in the proposed ordinance that expresses some level of intent that the front window be transparent but that the CUP process would determine the necessary amount. Councilmember Ortiz voiced support for the second option. Councilmember Keighran also voiced support for the second option and stated that there needed to be some transparency from the street but that it depends on the lot configuration. The Council agreed that the second option would work, and it was decided that the proposed ordinance would be brought back with this amendment. Agenda Item 8a Meeting Date: 06/03/19 Burlingame City Council May 20, 2019 Unapproved Minutes 10 Mayor Colson noted for the record that there was no public at the meeting, and therefore public comment had not been opened. 10. STAFF REPORTS a. CONSIDERATION OF A FAÇADE IMPROVEMENT PILOT PROGRAM FOR THE BROADWAY COMMERCIAL DISTRICT CDD Gardiner stated that the Economic Development Subcommittee has been developing a façade improvement grant program to provide assistance with improving the appearance of storefronts in the City’s commercial districts. He explained that over the course of several meetings last fall, the subcommittee (consisting of then-Vice Mayor Colson and then-Councilmember Beach) provided staff with direction to prepare the various elements of a façade improvement grant program, including project guidelines, selection criteria, and application process. He stated that this would be a pilot program, with the initial pilot focused on the Broadway commercial district. CDD Gardiner stated that the intent of the program is to provide grants to rehabilitate eligible commercial buildings in order to encourage more shoppers and residents to Broadway. He explained that the grant funds could be used for signs, awnings, exterior paint, and other improvements. He noted that the City would allocate a total of up to $50,000 for the pilot program, with a maximum of $10,000 in grant funding for any individual project. CDD Gardiner stated that there would be a two-month timeframe for the initial application period, with applications reviewed at the end of the two-month period. Vice Mayor Beach voiced support for the program. She explained that she believed that the program was a great opportunity for the City to assist the businesses on Broadway. Councilmember Ortiz explained that earlier in the meeting, the Council had discussed the collaboration that had occurred between the City and business owners to beautify the public space on Burlingame Avenue. He stated that this program wasn’t utilizing public money to beautify public space but rather to assist with private space. He noted that the idea of using public money to assist with private space didn’t sit right with him. Councilmember Keighran stated that initially she had felt the same way as Councilmember Ortiz. However, she explained that Broadway has struggled for a long time, and she hopes this program will help to kickoff needed improvements to ensure a thriving commercial district. She noted that she hoped that by the City undertaking this pilot program, the businesses and property owners on Broadway would also start investing in improvements. Mayor Colson discussed how the responsibility of caring for a building often falls on the tenant. She gave the example of the pilates studio wanting to repaint the exterior of their space. She stated that she believed this program was supporting small businesses and would assist tenants with improving their spaces. Agenda Item 8a Meeting Date: 06/03/19 Burlingame City Council May 20, 2019 Unapproved Minutes 11 Vice Mayor Beach concurred with Councilmember Keighran and Mayor Colson. She talked about the recent façade improvements at Il Piccolo and Nuts for Candy. She stated that when things are cleaned up, everyone takes a little more pride in the area. She stated that the grant program provides room to determine what the business/landowner is doing for the property in addition to the grant funds. Mayor Colson noted for the record that there was no public in attendance at the meeting and therefore public comment wasn’t being opened. Councilmember Ortiz stated that he would be more in favor of the City initiating a façade program that required matching funds from the applicant. Mayor Colson stated that the City could give additional credit/points to the applicants that are utilizing their own funds in addition to the grant. Vice Mayor Beach suggested adding in a requirement that the applicant must utilize their own funds in addition to the grant but not specifying the percentage. She asked if the City received feedback from Broadway BID and whether the District would support requiring the applicant to utilize some of their own funds for the program. CDD Gardiner replied that Broadway BID was supportive of the program and that staff would reach out to the BID for feedback about Council’s suggestion. Mayor Colson explained that under the Budget section of the application it states: “Please include a spreadsheet or table that itemizes the cost of materials, supplies, and equipment that will be used to repair or modify the façade of your building.” She stated that if Council wanted to require the applicant to use their own funds, this sentence could be amended to include the following language “including what the landlord or business is planning to contribute.” Councilmember Keighran agreed with amending the application to include this requirement. She stated that she believed the applicant had to have some “skin in the game.” Councilmember Ortiz stated that he didn’t feel it was right to use City money to fix private property. Mayor Colson asked if under the program the business could ask for anything up to $10,000. CDD Gardiner replied in the affirmative. Councilmember Keighran made a motion to approve the façade improvement pilot project for the Broadway Commercial District with the amendment that the Budget section of the application include Mayor Colson’s suggested language of “including what the landlord or business is planning to contribute”; seconded by Vice Mayor Beach. The motion passed by voice vote, 3-1-1 (Councilmember Ortiz was opposed, and Councilmember Brownrigg was absent.) 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCMENTS Agenda Item 8a Meeting Date: 06/03/19 Burlingame City Council May 20, 2019 Unapproved Minutes 12 a. MAYOR COLSON’S COMMITTEE REPORT 12. FUTURE AGENDA ITEMS There were no future agenda items. 13. ACKNOWLEDGEMENTS The agendas, packets, and meeting minutes for the Planning Commission, Traffic, Safety & Parking Commission, Beautification Commission, Parks and Recreation Commission, and Library Board of Trustees are available online at www.burlingame.org. 14. ADJOURNMENT Mayor Colson adjourned meeting at 8:36 p.m. Respectfully submitted, Meaghan Hassel-Shearer City Clerk 1 STAFF REPORT AGENDA NO: 8b MEETING DATE: June 3, 2019 To: Honorable Mayor and City Council Date: June 3, 2019 From: Syed Murtuza, Director of Public Works – (650) 558-7230 Kathleen Kane, City Attorney – (650) 558-7263 Subject: Adoption of an Ordinance to Amend Chapter 13.20.010 of the Burlingame Municipal Code to Add Stop Signs at Various Locations in the City RECOMMENDATION Staff recommends that the City Council adopt the attached ordinance amending Chapter 13.20.010 of the Burlingame Municipal Code (BMC) to add stop signs at the below listed intersections: • Primrose Road at Douglas Avenue; • Primrose Road at Bellevue Avenue; and • Bayswater Avenue at Lorton Avenue. In its action, the City Council should, by motion: 1. Adopt the proposed ordinance; and 2. Direct the City Clerk to publish a summary of the ordinance within 15 days of adoption. BACKGROUND The City periodically receives requests for new stop signs to address traffic safety needs. In order to determine the viability of stop signs, a stop sign warrant analysis and associated traffic studies are conducted by staff as required by State laws. The stop sign warrant analysis includes review of traffic counts and reported accident data of the affected intersections. Other factors taken into consideration are the proximity to a school, the traffic controls at adjacent intersections, as well as right-of-way assignment. Staff originally received requests to add stops signs at three street intersections, as listed below: • Primrose Road at Douglas Avenue; • Primrose Road at Bellevue Avenue; and • Bayswater Avenue at Lorton Avenue. Staff presented the recommendations to the Traffic Safety and Parking Commission (TSPC) at the April 11, 2019 meeting. Based on the Commission’s discussion and public input received at the Ordinance Amending Chapter 13.20.010 of the Burlingame Municipal Code to Add Stop Signs June 3, 2019 2 meeting, the TSPC concurred with staff’s recommendation to install the permanent stop signs as mentioned above. In addition, the TSPC recommended the installation of marked crosswalks at the Bayswater Avenue/Lorton Avenue intersection. DISCUSSION Multi-way stop controls at the following three intersections are recommended based on the guidance from the California Manual of Uniform Traffic Control Devices (CAMUTCD). Primrose Road at Douglas Avenue (City Hall) and Primrose Road at Bellevue (Library) The intersection of Bellevue Avenue, Primrose Road, and Douglas Avenue is a five-way intersection with existing stop controls on three approaches and with no stop controls on the remaining two approaches. There is also a physical traffic island with a pass through for traffic on Bellevue Avenue. The contributing factors are: 1. In a two-year period, there were three collisions in the intersection area, which may be potentially improved through the installation of an all-way stop control. 2. There is a lack of clarification of right-of-way assignments for motorists. 3. There is high pedestrian activity at the crosswalks in the intersection area. There is a need to provide a control mechanism to prevent potential vehicle/pedestrian conflicts near locations that generate high pedestrian volumes. 4. Where traffic control signal system (or roundabout) is justified, the multi-way stop is an interim measure that can be installed quickly to control traffic while arrangements are being made for the installation of the traffic control signal. In August 2018, temporary multi-way stops were installed on an interim basis at the intersections of Primrose Road and Douglas Avenue, and at Primrose Road and Bellevue Avenue following a preliminary engineering study. This was done to address the immediate right-of-way concerns. Both intersections are adjacent to City Hall and the Main Library, and also close to Downtown Burlingame Avenue. All these facilities are high pedestrian generators and significantly contribute to the pedestrian activity and overall traffic operations at these intersections. Stop signs installed at the subject approaches have already made the right-of-way assignments clearer, and have significantly improved both pedestrian and motorists’ safety. Hence, staff recommends that these stop signs be made permanent. Bayswater Avenue at Lorton Avenue (All-Way) The intersection of Bayswater Avenue and Lorton Avenue is a four-way intersection with existing stop controls on the two approaches on Lorton Avenue. The contributing factors are: 1. In a two-year period, there were three reported collisions that are potentially susceptible to correction through the installation of an all-way stop control. Ordinance Amending Chapter 13.20.010 of the Burlingame Municipal Code to Add Stop Signs June 3, 2019 3 2. High density housing units on all-four corners create a high parking demand that compounds visibility issues. Additionally, while reviewing the Burlingame Municipal Code for stop signs, staff discovered that the existing stop signs on Douglas Avenue approaching Primrose Road and Lorton Avenue approaching Bayswater Avenue were not included in the Municipal Code. Staff is recommending adding these existing stop signs to update the Municipal Code. The City Council held a public hearing on May 20, 2019, introduced the attached ordinance, and requested that staff bring it back for adoption. FISCAL IMPACT The costs associated with the installation of stop signs and roadway stop markings are minimal and will be absorbed within the Public Works Department operations budget. Exhibits: • Ordinance • BMC Update ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF BURLINGAME AMENDING CHAPTER 13.20.010 OF THE BURLINGAME MUNICIPAL CODE TO ADD S TOP SIGNS AT THREE INTERSECTIONS IN THE CITY The CITY COUNCIL of the CITY OF BURLINGAME ordains as follows: Section 1. Factual Background and Findings. WHEREAS, the City’s Public Works Department received requests for, and conducted stop sign analysis at the intersections of Primrose Road/Bellevue Avenue, Primrose Road/Douglas Avenue, and Bayswater Avenue/Lorton Avenue; and WHEREAS, as part of the analysis, the three intersections satisfied the criteria for consideration of new stop signs to be installed on a permanent basis; and WHEREAS, staff presented the matter to the Traffic Safety and Parking Commission (TSPC) at the April 11, 2019 meeting; and WHEREAS, based on the TSPC’s deliberation and public input received at the meeting, the TSPC unanimously recommended permanent installation of stop signs at all three locations mentioned above; and WHEREAS, while reviewing the Burlingame Municipal Code, staff discovered that the existing stop signs on Douglas Avenue approaching Primrose Road, and Lorton Avenue approaching Bayswater Avenue were not included in the Code. Staff recommends that the City Council update the Code to include these existing signs. Section 2. The City Council hereby amends Chapter 13.20.010 of the Burlingame Municipal Code to add the following intersections for stop signs: “Primrose Road approaching Bellevue Avenue”, “Primrose Road approaching Douglas Avenue”, “Douglas Avenue approaching Primrose Road”, “Bayswater Avenue approaching Lorton Avenue”, “Lorton Avenue approaching Bayswater Avenue”. Section 3. The City Engineer is directed to make the stop signs and stop markings permanent on Primrose Road approaching Bellevue Avenue, Primrose Road approaching Douglas Avenue, Douglas Avenue approaching Primrose Road, Bayswater Avenue approaching Lorton Avenue, and Lorton Avenue approaching Bayswater Avenue. Section 4. 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 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. Section 5. 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. _________________________________ Donna Colson, Mayor I, Meaghan Hassel-Shearer, City Clerk of the City of Burlingame, certify that the foregoing ordinance was introduced at a public hearing at a regular meeting of the City Council held on the 20th day of May, 2019, and adopted thereafter at a regular meeting of the City Council held on the 3rd day of June, 2019, by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: __________________________________ Meaghan Hassel-Shearer, City Clerk 13.20.010 Stop intersections. The operator of any vehicle entering any of the following designated intersections shall bring the vehicle being driven to a full stop: (a) Adeline Drive approaching Alvarado Avenue; Adeline Drive approaching Balboa Avenue; Adeline Drive approaching Bernal Avenue; Adeline Drive approaching Cabrillo Avenue; Adeline Drive approaching Columbus Avenue; Adeline Drive approaching Poppy Drive; Adrian Court approaching Adrian Road; Albermarle Way approaching Ray Drive; Alturas Drive approaching Hillside Drive; Alvarado Avenue approaching Hillside Drive, while travelling south (northern end;) Alvarado Avenue approaching Hillside Drive, while travelling south (southern end); Anita Road approaching Bayswater Avenue; Anita Road approaching Howard Avenue; Arguello Drive approaching Sebastian Drive; Arguello Drive approaching Toledo Avenue; Arundel Road approaching Bayswater Avenue; Arundel Road approaching Howard Avenue; South Ashton Drive approaching Trousdale Drive; Atwater Drive approaching Hunt Drive. (b) Balboa Drive approaching Davis Drive; Balboa Way approaching Ray Drive; Barroilhet Avenue approaching Cypress Avenue; Bayswater Avenue approaching Anita Road; Bayswater Avenue approaching Dwight Road; Bayswater Avenue approaching Arundel Road; Bayswater Avenue approaching Bloomfield Road; Bayswater Avenue approaching Humboldt Road; Bayswater Avenue approaching Lorton Avenue; Bayswater Avenue approaching Park Road; Bellevue Avenue approaching Lorton Avenue; Bellevue Avenue approaching Primrose Road, including City Hall Circle; Bernal Drive approaching Devereux Drive; Bloomfield Road approaching Bayswater Avenue; Broadway approaching Vancouver Avenue; Broadway Avenue approaching Cortez; Burlingame Avenue approaching Anita Road; Burlingame Avenue approaching Bloomfield Road; Burlingame Avenue approaching Carolan Avenue and East Lane; Burlingame Avenue approaching Dwight Road; Burlingame Avenue approaching Lorton Avenue; Burlingame Avenue approaching Park Road. (c) Carmelita Avenue approaching Cortez Avenue; Carmelita Avenue approaching Vancouver Avenue; Canyon Road approaching Easton Drive; Carolan Avenue approaching North Lane; Castenada Drive approaching Trousdale Drive and Martinez Drive; Chula Vista Avenue approaching Majilla Avenue; Clarice Lane approaching Quesada Way; Columbus Avenue approaching Easton Drive; Coronado Drive approaching Davis Drive; Cortez Avenue approaching Carmelita Avenue; Cortez Avenue approaching Hillside Drive; Cortez Avenue approaching Sherman Avenue; Cypress Avenue approaching Barriolhet Avenue. (d) Davis Drive approaching Quesada Drive; Devereux Drive approaching Balboa Way; Douglas Avenue approaching Lorton Avenue; Douglas Avenue approaching Primrose Road. (e) East Lane approaching Burlingame Avenue and Carolan Avenue while traveling west; East Lane approaching North Lane; Easton Drive approaching Canyon Road; Easton Drive approaching Cabrillo Avenue; Easton Drive approaching Columbus Avenue; Easton Drive approaching Cortez Avenue; Easton Drive approaching Montero Avenue; Easton Drive approaching Vancouver Avenue; Edgehill Drive approaching Paloma Drive; El Prado Road approaching Canyon Road; El Prado Road approaching Summit Drive; Escalante Drive approaching Rivera Drive. (f) Fairfield Road approaching Edgehill Drive; Fairfield Road approaching Palm Drive; East Frontage Road of El Camino Real approaching Murchison Drive; East Frontage Road of El Camino Real approaching Trousdale Drive; West Frontage Road of El Camino Real approaching Murchison Drive; West Frontage Road of El Camino Real approaching Trousdale Drive; Frontera Way approaching Sebastian Drive; Frontera Way approaching Loyola Drive. (g) [Reserved for future use]. (h) Hale Drive approaching Columbus Avenue; Highway Road approaching Mills Avenue; Highway Road approaching Oxford Road/Cambridge Road; Hillside Circle approaching Hillside Drive; Hillside Drive approaching Vancouver Avenue; Hillside Drive approaching Alvarado Avenue, while travelling west; Hillside Drive departing Alvarado Avenue, while travelling west; Hillside Drive approaching Cortez Avenue; Hillside Drive approaching Skyline Boulevard; Hillside Lane approaching Skyline Boulevard; Hinckley Road approaching Gilbreth Road; Howard Avenue approaching Anita Road; Howard Avenue approaching Arundel Avenue; Howard Avenue approaching Dwight Road; Howard Avenue approaching Humboldt Street; Howard Avenue approaching Lorton Avenue; Howard Avenue approaching Occidental Avenue; Howard Avenue approaching Primrose Road; Humboldt Street approaching Howard Avenue; Hunt Drive approaching Frontera Way; Hunt Drive approaching Rivera Drive; Hunt Drive approaching Trousdale Drive. (i) [Reserved for future use]. (j) [Reserved for future use]. (k) [Reserved for future use]. (l) La Mesa Drive approaching Hillside Drive; Larkspur Drive approaching Linden Avenue; Lexington Way approaching Bloomfield; Loma Vista Drive approaching Skyline Boulevard; Private Road at the most northerly end of Loma Vista Drive approaching Loma Vista Drive; Lorton Avenue approaching Bayswater Avenue; Lorton Avenue approaching Burlingame Avenue; Los Altos Drive approaching Hillside Drive; Los Montes Drive approaching Hillside Drive; Loyola Drive approaching Trousdale Drive. (m) Magnolia Drive approaching Murchison Drive; Majilla Avenue approaching Chula Vista Avenue; Malcolm Road approaching Gilbreth Road; Marco Polo Way approaching Davis Drive; Marco Polo Way approaching Trousdale Drive; Margarita Avenue approaching Skyline Boulevard; Mariposa Drive approaching Frontera Way; Marsten Road approaching Rollins Road; Martinez Drive approaching Trousdale Drive and Castenada Drive; Mitten Road approaching Gilbreth Road; Montecito Way approaching Frontera Way; Montero Avenue approaching Easton Drive; Murchison Drive approaching California Drive; Murchison Drive approaching Magnolia Drive; Murchison Drive approaching Ogden Drive while traveling east. (n) North Lane approaching Carolan Avenue while traveling west; North Carolan Avenue approaching Rollins Road. (o) Oak Grove both directions approaching Winchester; Occidental Avenue approaching Howard Avenue; Ogden Drive approaching Murchison Drive; Ogden Drive approaching Trousdale Drive. (p) Palm Drive approaching Fairfield Road; Palm Drive approaching Paloma Avenue; Paloma Drive approaching Easton Drive; Paloma Drive approaching Palm Drive; Park Road approaching Burlingame Avenue; Plymouth Way approaching Bloomfield Road; Poppy Drive approaching Columbus Avenue; Primrose Road approaching Bellevue Avenue; Primrose Road approaching Douglas Avenue. (q) Quesada Drive approaching Davis Drive; Quesada Way approaching Ray Drive; Quesada Way approaching Trousdale Drive. (r) Ralston Avenue approaching Pepper Avenue; Ray Drive approaching Balboa Avenue; Ray Drive approaching Davis Drive; Ray Drive approaching Devereux Drive; Rivera Drive approaching Sebastian Drive; Rivera Drive approaching Skyline Boulevard; Rollins Road approaching Marsten Road and North Carolan Avenue; Rollins Road approaching Toyon Drive. (s) Sanchez Avenue approaching Cortez Avenue; Sebastian Drive approaching Arguello Drive; Sebastian Drive approaching Frontera Way; Sebastian Drive approaching Mariposa Drive; Sebastian Drive approaching Trousdale Drive; Sequoia Avenue approaching Murchison Drive; Sequoia Avenue approaching Trousdale Drive; Sherman Avenue approaching Cortez Avenue; Skyline Boulevard approaching Trousdale Drive; Skyview Drive approaching Skyline Boulevard; Stanton Road approaching Gilbreth Road; Summit Drive approaching El Prado Road; Summit Drive approaching Hillside Circle. (t) Toledo Avenue and Court approaching Martinez Drive; Toledo Drive approaching Trousdale Drive; Trousdale Drive approaching California Drive; Trousdale Drive approaching Castenada Drive and Martinez Drive; Trousdale Drive approaching Hunt Drive; Trousdale Drive approaching Loyola Drive while traveling west; Trousdale Drive approaching Marco Polo Drive; Trousdale Drive approaching Ogden Drive; Trousdale Drive approaching Quesada Drive; Trousdale Drive approaching Sebastian Drive; Trousdale Drive approaching Sequoia Avenue; Trousdale Drive approaching Toledo Drive while traveling east. (u) [Reserved for future use]. (v) Vancouver Avenue approaching Broadway; Vancouver Avenue approaching Hillside Drive. (w) Walnut Avenue approaching Willow Avenue; Westmoor Road approaching Rosedale Avenue; Winchester Drive approaching Oak Grove Avenue. 1 STAFF REPORT AGENDA NO: 8c MEETING DATE: June 3, 2019 To: Honorable Mayor and City Council Date: June 3, 2019 From: Lisa K. Goldman, City Manager – (650) 558-7243 Subject: Adoption of a Resolution Authorizing the City Manager to Execute an Agreement with the Peninsula Conflict Resolution Center for Dispute Resolution Services RECOMMENDATION Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an agreement with the Peninsula Conflict Resolution Center (PCRC) for dispute resolution services. BACKGROUND For the past 23 years, the City has contracted with PCRC to provide dispute resolution services to the City of Burlingame and its community members. The City is one of many in the county that contracts with PCRC to provide low-cost community mediation services. DISCUSSION Under the proposed contract, which is attached, PCRC will provide the following services: • Unlimited, free information services • Free services for individuals including one-party assistance and conciliation; mediation services offered at a subsidized rate of $30 per party • Additional conflict resolution services such as trainings, consultations, mediation of complex situations, and design and facilitation of community forums • Facilitation of one three-hour community meeting at the City’s discretion at no charge FISCAL IMPACT The total cost of the contract in FY 2019-20 is $20,456.10, which is the same amount the City paid in FY 2018-19. Funds for this contract are included in the proposed FY 2019-20 budget, in the City Council’s account for contractual services. Exhibits: • Resolution • Agreement • 2018-19 Mid-Year Mediation Reports: Cases Opened and Closed RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE PENINSULA CONFLICT RESOLUTION CENTER FOR DISPUTE RESOLUTION SERVICES WHEREAS, for the last 23 years, the City has contracted with the Peninsula Conflict Resolution Center (PCRC) to provide dispute resolution services to the City of Burlingame and its community members; and WHEREAS, the City of Burlingame is one of many in the County that contracts with PCRC to provide low-cost community mediation services; and WHEREAS, under the proposed contract, PCRC will provide: unlimited, free information services; mediation services for individuals; additional conflict resolution services such as trainings, consultations, mediation of complex situation, and design and facilitation of community forums; and facilitation of one three-hour community meeting at the City’s discretion; and WHEREAS, the contract cost is $20,456.10 for FY 2019-20; and WHEREAS, staff has included sufficient funding in the City Council’s proposed budget for FY 2019-20 for this contract. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME RESOLVES AS FOLLOWS: The City Manager is authorized to execute an agreement with the Peninsula Conflict Resolution Center for dispute resolution services for a one-year term beginning July 1, 2019. ____________________________ Donna Colson, Mayor I, Meaghan Hassel-Shearer, City Clerk of the City of Burlingame, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 3rd day of June, 2019, and was adopted thereafter by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ____________________________ Meaghan Hassel-Shearer, City Clerk 2018-19 Mediation Programs: Cases Opened Peninsula Conflict Resolution Center 2018-19 Mid-Year Mediation Report BURLINGAME Types of Conflict Cases Landlord/TenantNeighbor/NeighborConsumer/BusinessWorkplace/OrganizationInter-OrganizationalFamily/DomesticCommunityOtherTotal Cases OpenedConsultationsInfo and ReferralConsultationsInfo and Assistance# of ParticipantsComplexTotals: Quarter 312FQ1 Totals: Quarter 2 42FQ2 5 Totals: Quarter Totals: Quarter 2 7Totals to date: COUNTYWIDE Definition of Terms: Complex cases: Cases are designated as "Complex" when they involve multiple parties and/or require on-going service. Consultations: "Info and Referral" includes those calls that are referred to another resource or agency. "Info and Assistance" includes those calls that require more extensive assistance, such as research done on behalf of the caller or coaching. Totals to date:12 19 2 3 11 2 3 142 2018-19 2018-19 3 2 61 296 5 131 2018-19 Mediation Programs: Disposition of Closed Cases Peninsula Conflict Resolution Center 2018-19 Mid-Year Mediation Report BURLINGAME Conflict Case Outcomes Mediation/No AgreementMediation CancelledDid Not AppearOne Party AssistRequest CancelledRequest Cancelled/ResolvedMediation Declined# of ParticipantsTotal Cases ClosedNot AppropriateNo ResponseMediation Agreements ConciliationFully SustainedPartialy SustainedNot SustainedConsultationsInfo and ReferralConsultationsInfo and AssistanceTotals: Quarter 3FQ112 Totals: Quarter 1 3FQ22 3 Totals: Quarter 0 Totals: Quarter 0 Totals to date: COUNTYWIDE Definition of Terms: Mediation: Parties have met face-to-face in the presence of mediators for at least one session. Conciliation: PCRC worked with parties individually, but the parties did not meet face to face. The majority of the time these cases result in an agreement that resolves the situation. One Party Assist: If mediation or conciliation did not occur, but assistance was provided to one of the parties. Sustained: If an agreement is reached, PCRC contacts the parties at a later date to determine whether the agreement was fully, partially, or not sustained. Not Appropriate: PCRC staff determines that mediation is not appropriate in this particular situation. Consultations: "Info and Referral" includes those calls that are referred to another resource or agency. "Info and Assistance" includes those calls that require more extensive assistance, such as research done on behalf of the caller or coaching. Totals to date:1 3 1 135 2018-19 2018-19 1 6 2 1 16 14 3 4 3 2 61 29 3 77 1 STAFF REPORT AGENDA NO: 8d MEETING DATE: June 3, 2019 To: Honorable Mayor and City Council Date: June 3, 2019 From: Lisa K. Goldman, City Manager – (650) 558-7243 Subject: Adoption of a Resolution Approving and Authorizing the City Manager to Execute an Agreement with the Burlingame Chamber of Commerce to Provide Information and Promotion Services in Fiscal Year 2019-2020 RECOMMENDATION Staff recommends that the City Council adopt the attached resolution approving and authorizing the City Manager to execute the annual promotional activities agreement with the Burlingame Chamber of Commerce. BACKGROUND Each year, the City of Burlingame enters into an agreement with the Burlingame Chamber of Commerce in which the Chamber provides various promotional activities in exchange for City funding. DISCUSSION The City of Burlingame contracts with the Burlingame Chamber of Commerce to provide promotional and information services to businesses, visitors, and residents. The services include: • Distribution of materials and information to businesses and residents about Burlingame programs, events, and activities. • Referral services to businesses and residents about Burlingame City government. • Sponsorship and coordination of community events involving merchants, businesses, and the public. • Promotion of business, community, and economic development activities. During the 2018-2019 fiscal year, the Chamber held Burlingame on the Avenue in August 2018, and included booths in which the City promoted Parks and Recreation Department programs and disseminated other information. The event will be held the weekend of August 17-18 this year. The Sunday Fresh Market continues to be held year-round, and the Thursday Fresh Market currently runs from May through mid-September. City/community booths are made available during the Fresh Markets, including during the Streets Alive! Parks Alive! event in May. The Chamber also provides ongoing counseling services to businesses including marketing opportunities available at the Fresh Market. Chamber of Commerce Agreement June 3, 2019 2 The Chamber promotes local businesses by hosting ribbon cuttings for new businesses and assisting with anniversary celebrations for long-standing businesses. And, the Chamber provides communication services to businesses and works with the City’s Economic Development Specialist on issues of concern to Burlingame businesses. At the January annual meeting, the Mayor provided an update on the City for attendees, and the Chamber and City partnered to bestow the City’s green business award to Dewey Land Company. The Chamber also continues to include two City Councilmembers in their monthly Board meeting, which has proven to be an invaluable way to exchange information. A complete listing of all services is included in the attached Agreement. FISCAL IMPACT The City Council’s proposed FY 2019-20 budget contains $31,706 for the Chamber of Commerce agreement. This is a 3% increase over the amount provided in FY 2018-19; the last increase occurred in FY 2012-13. Exhibits: • Resolution • Agreement RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE BURLINGAME CHAMBER OF COMMERCE TO PROVIDE INFORMATION AND PROMOTION SERVICES IN FISCAL YEAR 2019-2020 WHEREAS, the Burlingame Chamber of Commerce assists the City of Burlingame by responding to inquiries from business, visitors, and residents about the public and private services available in the community; and WHEREAS, the Burlingame Chamber of Commerce also coordinates and promotes community events, such as Burlingame on the Avenue, the December Merchant Holiday Open House and Tree Lighting Ceremony, the Fresh Market, and the Broadway Holiday Cheer event; and WHEREAS, Government Code sections 40100 and following allow the City to appropriate money to publicize and advertise the City and its events and services; and WHEREAS, the Burlingame Chamber of Commerce has provided these services to the community on a timely, professional basis for many years; and WHEREAS, the Chamber has agreed to provide these activities and programs for the 2019-2020 fiscal year. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME RESOLVES AS FOLLOWS: 1. The City Council hereby approves the Agreement with the Burlingame Chamber of Commerce in the form attached hereto. 2. The City Council authorizes and directs the City Manager to execute the Agreement for and on behalf of the City. ____________________________ Michael Brownrigg, Mayor I, Meaghan Hassel-Shearer, City Clerk of the City of Burlingame, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 3rd day of June, 2019, and was adopted thereafter by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ____________________________ Meaghan Hassel-Shearer, City Clerk 1 AGREEMENT PROMOTIONAL ACTIVITIES – CHAMBER OF COMMERCE This Agreement is made and entered into as of the ______ day of ______, by and between the City of Burlingame, a municipal corporation of the State of California (hereinafter referred to as “City”), and the Burlingame Chamber of Commerce (hereinafter referred to as “Chamber”), with reference to the following Recitals: RECITALS: WHEREAS, City desires to promote its advantages as a business, educational, cultural, recreational and residential center, and to disseminate information relative thereto, and to properly respond to inquiries made from time to time relating to the various activities of City; NOW, THEREFORE, the parties hereby agree as follows: AGREEMENT: 1. Duties of Chamber. In exchange for the consideration specified in paragraph 3 below, Chamber shall perform the following promotional activities on behalf of City: a. Distribute materials and information to those residents who opt in to receiving the information and businesses about Burlingame relating to the activities described in Exhibit A attached hereto and incorporated herein by reference. Access to resident information shall comply with all relevant law. b. Answer public inquiries about community facilities, events, organizations, businesses, and other community informational needs, through availability on a “walk-in” basis, as well as through mailings, telephone and e-mail. c. Provide referral services from citizens and businesses about appropriate City or government offices, including without limitation, the City Business License office (located in the Water Department), Recreation Department, Planning Department, Public Works Department, Police Department and Fire Department. d. Promote community events involving merchants and businesses requiring City services as needed. e. Sponsor/coordinate/advertise special events and activities involving businesses and the public, including the following: 1. Produce Burlingame On the Avenue 2 2. Promote the December Merchant Holiday Open House and Tree Lighting Ceremony 3. Conduct Sunday Fresh Market, which may be held year-round, and seasonal Thursday Fresh Market as long as it is viable 4. Co-sponsor Broadway Holiday Cheer event f. Produce/distribute materials about Burlingame, as follows: 1. Burlingame/Hillsborough Street Map, including providing 300 copies to the City of Burlingame g. Promote business, community and economic development through the activities described in Exhibit B attached hereto and incorporated by reference herein. h. Assist City with promotion of the currently operating commuter shuttle service between the Broadway Caltrain station and the business area east of the Bayshore Freeway. i. In conjunction with the City, promote the retention and relocation of businesses to Burlingame. j. Maintain and operate an office open to the general public for discharging the obligations of Chamber under the terms of this Agreement (including, without limitation, promoting the residential and business attributes of Burlingame to the public). k. Employ competent personnel to carry on the promotional activities enumerated herein. l. Work to develop a partnership with the City of Burlingame’s business improvement districts that includes the exploration of ongoing “Buy Burlingame” campaigns. 2. Certain Political Activities Prohibited. The Chamber shall not support, endorse or oppose any candidate for municipal, county or school elections in San Mateo County. The Chamber may conduct candidate debate forums or similar events of a public information nature. Further, Chamber shall not use any proceeds received from City pursuant to this agreement to support, endorse or oppose any measure or candidate. 3 3. Consideration. a. General Promotional Activities. City shall pay Chamber, in the manner specified below, the sum of Thirty-one Thousand, Seven Hundred and Six Dollars ($31,706) for general promotional services performed by Chamber hereunder for the period commencing July 1, 2019, and ending June 30, 2020. The foregoing sum shall be paid in twelve equal consecutive monthly installments commencing July 1, 2019. Chamber shall send to City on the first (1st) day of each month a written invoice describing in a summary manner the services for which Chamber is to be paid. Invoices dated the first day of each month shall be paid no later than the fifteenth day of each month. 4. Assignment. This Agreement shall not be assigned by Chamber without the written consent of City. 5. Notices. All written notices and demands which either party may serve on the other may, as an alternative to personal service, be served by registered or certified mail. Any such notice or demand so served shall be deposited in the United States mail with postage fully prepaid and addressed to the party at the address specified below: City: City Manager City Hall 501 Primrose Avenue Burlingame, CA 94010 Chamber: President Burlingame Chamber of Commerce 417 California Drive Burlingame, CA 94010 Either party may change such address by notice in writing to the other party, and thereafter notices shall be addressed and transmitted to the new address. 6. Relationship of parties. It is agreed the Chamber is an independent contractor, and all persons working for or under the direction of Chamber or its agents, servants and employees are not agents or employees of City. 7. Termination. This Agreement shall commence on July 1, 2019 and shall terminate on June 30, 2020, unless extended by the parties in writing. 8. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 9. Entire Agreement. The terms of this Agreement are intended by the parties as a final expression of their agreement and may not be contradicted by evidence of any prior or contemporaneous agreement. This Agreement constitutes the exclusive statement of 4 its terms and no extrinsic evidence whatsoever may be introduced in any judicial proceedings involving this Agreement. 10. Attorneys’ Fees. In the event of any litigation between the parties hereto to enforce any of the provisions of this Agreement, the unsuccessful party to such litigation shall pay to the successful party all costs and expenses, including reasonable attorneys’ fees incurred by the successful party, all of which may be included as part of the judgment rendered in such litigation. 11. Severability. If any provision of this Agreement should be invalid or unenforceable the remaining provisions shall not be affected thereby, and every provision hereof shall be valid and enforceable to the fullest extent permitted by law. 12. Headings. The title and headings of the various sections hereof are included for purposes of reference only and are not intended to place any construction on the provisions hereof. IN WITNESS WHEREOF the parties have executed this Agreement as of the date first set forth above. CITY OF BURLINGAME: CHAMBER OF COMMERCE: By________________________ By ________________________ Lisa K. Goldman, City Manager Georgette Naylor, President Attested: By________________________ By________________________ Approved as to form: Kathleen Kane City Attorney 5 EXHIBIT A DISTRIBUTION OF MATERIALS AND INFORMATION 1. Burlingame demographics 2. Essential information for new Burlingame residents who opt in to receiving the information, including, without limitation, information materials for Burlingame Newcomers Club for all new Burlingame residents contacted by the club. 3. Community event information including: a. Broadway Festival (when applicable) b. Burlingame On the Avenue c. Concert in the Park Series d. Concerts at Kohl Mansion e. Public elementary school, public and private high school events f. Burlingame & Broadway Area Business Improvement Districts g. Merchant Sidewalk Sales h. December – Merchant Holiday Open House and Tree Lighting 4. Public transportation information (SamTrans, Caltrain, BART, and Burlingame Trolley) 5. Historical information – Burlingame 6. Churches, parks, and schools in Burlingame 7. Wedding/meeting sites information 8. Clubs and organizations information 9. Hotel and restaurant information 10. Realtor information 11. Burlingame business relocation assistance 12. Burlingame business economic profile 13. Publication handouts as available, including the Burlingame Recreation Department Brochures 14. Direction or resource information to meet unique or uncommon requests 6 EXHIBIT B ADDITIONAL RESPONSIBILITIES PROMOTING BUSINESS, COMMUNITY AND ECONOMIC DEVELOPMENT 1. Promote special community meetings, seminars, and special events 2. Promote community events and services and provide opportunity for City to promote its activities at the Fresh Market and Burlingame on the Avenue 3. Provide information to Burlingame elementary schools about Burlingame as requested 4. Use Chamber membership advertising and promotional budget to promote Burlingame in coordination with the Business Associations and Business Improvement Districts 5. Prepare publicity releases for community events 6. Engage in ongoing business economic development programs: a. Hotels b. Office Buildings c. Providing meeting space for SCORE counselor in Chamber office for business counseling as requested 7. Represent Chamber at San Mateo County PROGRESS SEMINAR to study regional issues 8. Respond to City of Burlingame requests regarding all business issues 9. Participate in meetings with stakeholders regarding Burlingame Trolley 10. Promote commercial recycling activities and programs among Chamber membership 1 STAFF REPORT AGENDA NO: 8e MEETING DATE: June 3, 2019 To: Honorable Mayor and City Council Date: June 3, 2019 From: Syed Murtuza, Director of Public Works – (650) 558-7230 Subject: Adoption of a Resolution Approving a Professional Services Agreement with BKF for Engineering Design Services Related to the Old Bayshore Highway Corridor Study, City Project No. 85490 and Authorizing the City Manager to Execute the Agreement RECOMMENDATION Staff recommends that the City Council adopt the attached resolution approving a professional services agreement with BKF in the amount of $168,614 for engineering design services related to the Old Bayshore Highway Corridor Study, City Project No. 85490, and authorizing the City Manager to execute the agreement. BACKGROUND Old Bayshore Highway is a major north-south arterial in Burlingame. It connects Burlingame with Millbrae to the north and is a gateway for visitors to Burlingame with several hotels along the roadway. It varies in width from approximately 60 feet to over 100 feet wide; with the number of lanes varying between four and eight. Old Bayshore Highway is a key component of the City’s recently adopted 2040 General Plan. Development in the Bayfront area is critical in maintaining a diversified economic base for a wide range of businesses and employment opportunities. As this area is redeveloped to encourage new office, research, and technology spaces, the corridor also needs to be revitalized to match the changing uses. Old Bayshore Highway was designed primarily for motor vehicles. The bicycle and pedestrian facilities are limited to Class III (“share the road”) and sidewalks up against the vehicular path of travel. The City Council approved funding to conduct a corridor study as part of the FY 2018-19 Capital Improvement Program. The study will identify opportunities to redevelop the roadway to better accommodate all modes of transportation and enhance the experience while travelling along Old Bayshore Highway. DISCUSSION Staff issued a Request for Proposals (RFP) for professional traffic engineering services and received multiple proposals from firms. After careful evaluation and interviews, staff developed a PSA for Old Bayshore Highway Corridor Study Project June 3, 2019 2 list of qualified firms to use for current and future projects. Based on their project team, staff selected BKF as the most qualified firm due to their understanding of the overall project, project needs, a well-defined scope of work, and quality of proposal. Staff has negotiated the following scope of services with BKF: • Project Management – Develop and maintain critical path project schedule; attend meetings with City staff to review progress; and provide quality control monitoring process for contract deliverables. • Data Gathering – Conduct pre-design investigations; field analysis, including surveying; obtaining as-builts; utility mapping; and preparation of base map. • Traffic Engineering – Collect vehicle, bicycle and pedestrian volume counts and accident/collision history analysis for the preparation of a traffic analysis study. • Conceptual Design – Create up to three conceptual plans of roadway and intersection modifications along California Drive for public outreach meetings. Plans should include proposed cross-sections layout, striping, and identify areas for stormwater best management practices and landscaping. • Public Outreach – Conduct five public meetings, including two community outreach meetings. The community meetings will gather input, obtain support for design concepts, and help select a preliminary design. Additional meetings will include discussions with the Traffic Safety and Parking Commission and ultimately a presentation to the City Council. A project newsletter will be created for project updates and other relevant material. • Final Product – Final Corridor Plan with an executive summary, process descriptions, summary of design standards, cost estimates, and implementation programming with prioritization. All work products developed over the course of the project will be compiled into a cohesive, easy-to-read report. FISCAL IMPACT The estimated consultant fee for completing the Corridor Study is approximately $168,614, and the City Council has appropriated $200,000 as part of the FY 2018-19 Capital Improvement Program for this effort. Any savings from this project phase will be available toward future work in implementing the selected alternative. Exhibits: • Resolution • Professional Services Agreement • Project Location Map RESOLUTION NO. _______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH BKF FOR THE OLD BAYSHORE HIGHWAY CORRIDOR STUDY AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT CITY PROJECT NO. 85490 RESOLVED, by the CITY COUNCIL of the City of Burlingame, California which FINDS, ORDERS and DETERMINES AS FOLLOWS: 1. The public interest and convenience require execution of the agreement cited in the title above. 2. The City Manager is authorized to sign said agreement on behalf of the City of Burlingame. 3. The City Clerk is instructed to attest such signature. _____________________________ Mayor I, Meaghan Hassel Shearer, City Clerk of the City of Burlingame, certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 3rd day of June, 2019 and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: _____________________________ City Clerk Page 1 of 8 AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES WITH BKF ENGINEERS OLD BAYSHORE HIGHWAY CORRIDOR PLAN CITY PROJECT NO. 85490 THIS AGREEMENT is entered into this ___________ day of ____________, 2019, by and between the City of Burlingame, State of California, herein called the "City", and BKF ENGINEERS engaged in providing PROFESSIONAL ENGINEERING services herein called the "Consultant". RECITALS A. The City is considering conducting activities for consultant engineering services for a feasibility study for the Old Bayshore Highway Corridor Plan, City Project No.85490. B. The City desires to engage a professional engineering consultant to provide professional engineering 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 professional engineering services to complete a feasibility study of improvements to Old Bayshore Highway from Airport Boulevard to the northern City limits and as detailed in “Scope of Services” of the attached 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 by December 2020. 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 Page 2 of 8 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 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 $168,614.00; 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 Page 3 of 8 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 Mr. Jason Mansfield, Associate. 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: Andrew Wong, Senior Engineer City of Burlingame 501 Primrose Road Burlingame, CA 94010 To Consultant: Mr. Jason Mansfield, Associate BKF Engineering 255 Shoreline Drive, Suite 200 Redwood City, CA 94065 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 Page 4 of 8 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 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. Equal 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, 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. Page 5 of 8 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. iii. Consultant agrees to have and maintain, for the duration of the contract, professional liability insurance in amounts not less than two million dollars ($2,000,000) 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 20 10 11 85 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. Page 6 of 8 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 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, 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 Page 7 of 8 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 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. Governing 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 EXHIBIT A SCOPE OUTLINE Old Bayshore Highway Corridor Plan The City of Burlingame is requesting services for a feasibility study of improvements to Old Bayshore Highway from Airport Boulevard to the northern City Limits. The City’s latest General Plan effort has identified Old Bayshore Highway from Airport Boulevard to the northern City Limits as an area primed for redevelopment. The City would like to create more convenient and comfortable vehicular, bicycle, and pedestrian connections along this corridor. Along with this effort, the City would like to further explore enhancing the streetscape aesthetics to be more inviting and pleasing for these users, as well as the numerous visitors to the area. This study will also include an analysis and conceptual design of the Bay Trail parallel to the Old Bayshore Corridor and grant application assistance including preparation of graphics and text. Preliminary design will also include considerations for: - FEMA requirements. This area is identified to be mostly within the flood zone on the preliminary FIRM’s. There are no levees currently constructed along the bay front, therefore we expect the Bay Trail gap closure to be elevated above the flood zone, have a levee wall outboard of the trail, or a combination. - BCDC requirements. Based on typical project conditions we have seen recently, along with standard guidelines, we will include elements expected to be required by BCDC for the Bay Trail gap closure. This will also include resiliency for sea level rise. - With the popularity of Uber, Lyft, and other ride sharing services, pick-up and drop off facilities become important. These are especially important with the type of land uses in the area such as hotels and restaurants. - Similarly, with BART, Caltrain, and SFO nearby, a Complete Streets design should accommodate mass transit connections and shuttles. - This segment of Old Bayshore services commuters on bicycle. Large groups of bicyclists have been observed commuting along this segment. These types of users are not expected to be the same as the people riding bicycles for recreation along the Bay Trail. - The Specific Plan for the area envisions significant redevelopment along this corridor. Designs should be flexible to accommodate the future redeveloped sites and attractive to developers by identifying specific details that inform expectations. EXHIBIT A PROJECT TASKS 1.0 BACKGROUND AND EXISTING CONDITIONS ANALYSIS 1.01 Grant Assistance: The City will be preparing a Sustainable Communities Grant application for the project and will require supplemental information to support the application. Proceed to prepare three conceptual design vignettes of Bayshore Highway to illustrate variations in design utilizing complete streets principals. The plans will illustrate at twenty scale variations in lane configurations, bicycle infrastructure, enhanced bus stops, and green infrastructure. Additionally, prepare a project limits diagram and provide draft text in bullet form to help the City in the actual application narrative. 1.02 Project Kick-off Meeting: Prepare for and facilitate an initial meeting with city staff to review overall project objectives, approach, project management and schedule, Stakeholder Group make-up, outreach strategy, key concerns and other aspects of the project. In coordination with the city, we will prepare a meeting agenda and a meeting summary. 1.03 Project Management: Initiate project management protocols: a. Biweekly conference calls: With the goal of maximizing communication between design team and city staff initiate bi-weekly phone conferences to discuss project status for the duration of the project. Task assumes one (1) hour for each call. b. Meeting summaries: Submitted within two days of meetings with clear identification of action items, responsible parties and due dates. c. Agendas: Reviewed in advance these will keep meetings focused and ensure comprehensive communication. 1.04 Project Schedule: Prepare a detailed project schedule in MS Project format. Schedule will be modified and submitted on a monthly basis with completed tasks and critical path items clearly indicated. 1.05 Outreach Plan: The project budget is based on the tasks described herein. We expect the outreach plan may evolve or change during the project, and optional tasks may be substituted up to the available budget. Proposed outreach methods will include: a. Community Workshops / Business Owners (3): Three community workshops will be held throughout the process. The goal is to maximize community EXHIBIT A involvement and consensus building. Workshops will be fun, engaging, and interactive. See below for specifics regarding each workshop. b. Newsletter: A newsletter moves beyond a meeting announcement and provides project background, updates, and project graphics to maximize interest and participation. It will clearly indicate opportunities for public input including meeting dates and locations as well as on-line materials. c. Project Website: Throughout the project, Callander Associates will coordinate with the City and provide presentation materials and workshop summaries in PDF/ JPG format for City staff to place on the City’s website. Callander Associates will also provide text narratives for updates on the City’s social media and e-mail blast accounts, including Facebook, Twitter, and NextDoor. 1.06 Review Background Materials: Obtain and review reference information provided by City for use in preliminary design efforts. Summarize findings in a summary memo which shall detail considerations in plan development. Prepare base sheets at a scale of 1”=200’ to consist of a compilation of available aerial photos (City and web based), record documents and field measurements of key right-of-ways to confirm dimensions. Background research shall include the following: a. Review public right-of-way improvements for planned private development and public projects in the project area. b. Review applicable City planning documents. c. Review traffic count data and summarized collision history. 1.07 Topographic Survey: Using NAVD88 datum and the California Coordinate system, we will provide an aerial topographic survey with photo for the Old Bayshore corridor as well as the Bay Trail within the project area. The flight panels will be set using GPS control and using conventional field survey methods. Flight control will be set to provide an aerial topographic survey with the entire corridor and the shoreline band on the same coordinate system. We assume the aerial survey will provide sufficient detail for this phase of work. We will also overlay record right of way lines based on County GIS and record maps. Supplemental conventional topographic survey would need to be performed for future design phases. Optional services can be added to include preliminary title reports and a resolved boundary survey with Record of Survey. 1.08 Site Reconnaissance: Conduct an existing conditions assessment/site visit of the project area, including, but not limited to: streetscape features, pedestrian and transit facilities, bicycle network, urban forest, approximate roadway width and EXHIBIT A speed limits, and intersection layout. Additionally the existing Bay Trail will be evaluated for site conditions, gap analysis, opportunity sites, and constraints. 1.09 Traffic Analysis: Hexagon Transportation Consultants, Inc. will prepare a transportation analysis of the Old Bayshore Highway to study complete streets modifications which could include a combination of bike lanes, wider sidewalks, enhanced lighting and landscaping, and medians. Hexagon proposes to study the existing traffic operations along Old Bayshore Highway and will also analyze the future traffic forecasts. Hexagon also will count bicycle and pedestrian volume along the corridor. Subtasks to include; a. Site Reconnaissance. The physical characteristics of the site and the surrounding roadway network will be reviewed to identify existing roadway cross-sections, intersection lane configurations, traffic control devices, and surrounding land uses. b. Observation of Existing Traffic Conditions in the Study Area. Existing traffic conditions will be observed in the field in order to identify any operational deficiencies and to confirm the accuracy of calculated levels of service. c. Data Collection. Existing weekday AM (7:00 – 9:00 AM) and PM (4:00 – 6:00 PM) peak-hour traffic volumes will be obtained from new counts at 9 cross-street intersections. Counts will include bicycles and pedestrians. As an optional task, Hexagon will count existing peak-hour volume at all the driveways in the corridor. It is estimated there are about 46 driveways along the corridor. d. Evaluation of Existing Conditions. Existing traffic conditions will be evaluated based on levels of service at the 9 study intersections. Existing conditions also will include a description of transit, bicycle, and pedestrian operations along Old Bayshore Highway. e. Evaluation of Baseline Future Conditions. Future conditions at the study intersections and along the corridor will be evaluated based on forecasts from the General Plan model runs. The General Plan forecasts include traffic from planned new development in the Bayfront Area and in adjacent cities. f. Evaluation of Project Conditions. Hexagon will check intersection levels of service with the range of improvements that would be suggested by the study team. These could include bike lanes, reduction in travel lanes, wider sidewalks, and a center median. In the case of a center median, the increase in U-turns will be estimated. If the optional task to count all the driveways is authorized, then the increase in U-turns can be calculated rather than estimated. EXHIBIT A g. Meetings. Includes Hexagon staff attendance at two meetings in Burlingame with the study team. h. Reports. Findings and recommendations will be summarized in a draft transportation memo. Hexagon will respond to editorial comments on the draft and prepare a final transportation report. 1.10 Existing Conditions Evaluation: Summarize findings from above graphically within an existing conditions plan to illustrate the existing site conditions and context. Plan will include: a. Existing Conditions Plan (land use, existing parking locations, existing urban forest) b. Existing Circulation Plan (vehicular traffic, bicycle facilities, sidewalks, crosswalks, bus routes, stops, and circulation) c. Opportunities and Constraints Plan (identify key opportunity sites, congestion areas, destinations, gaps in amenities, potential social spaces, crossing locations, etc.) 1.11 Inspiration Images: Compile a list of major streetscape categories that may include travel lane configurations, sidewalk configurations, thematic character, intersection improvements, bicycle enhancements, streetscape amenities, etc. Utilize pictures to illustrate the range of opportunities in each category. Format images and prepare a series of inspiration image boards that facilitate better understanding of opportunities and help engage community members in meaningful prioritization exercises during the workshops. 1.12 Community Newsletter: Prepare project newsletter once during the process. Newsletter shall contain a combination of graphic images and text information about the project and the community involvement process, including dates/locations/times, to maximize attendance. Submit camera ready originals for reproduction and distribution by City staff. Postage and mailing to be provided by the City. 1.13 Staff Meeting #1: Review the above information with inter-departmental City staff. Obtain feedback and prepare written meeting summary. Make minor revisions based on City input. 1.14 Community Workshop / Open House #1: The intent of the first community workshop is to inspire participants to share their vision for the Bayshore corridor, introduce project and process, educate on opportunities, and obtain initial input EXHIBIT A on project components, likes and dislikes, etc. This four-hour open house format workshop will include interactive prioritization exercises, design your street charrette station, and other input generating stations. Exercises will utilize a combination of agendas, questionnaires, PowerPoint, and printed graphic materials. Prepare workshop materials and meeting summary. 1.15 Alternatives Memo: Based on the input received to date, prepare a memo summarizing the alternatives to be prepared as part of the preliminary design phase. The purpose of the preliminary design alternatives memo is to obtain feedback and approval on the design direction prior to start the preliminary design phase. Descriptions shall include lane configurations, bicycle treatments, sidewalk and travel lane configurations, transit enhancements, and major materials. 2.0 PRELIMINARY DESIGN 2.01 Preliminary Design Alternatives: Based upon the approved alternatives memo from above, proceed to refine the plan alternatives developed during the grant assistance phase. Prepare up to three color rendered illustrative plan vignettes at 20 scale and three ¼ scale photo-realistic cross sections to illustrate various roadway configurations and complete streets features. Adhere to Caltrans standard design manuals for geometric elements and pedestrian and bikeway design guidance as applicable. Compile example images as appropriate to illustrate potential improvements. Highlight the pro’s and con’s of each segment to further illustrate differences between plans. Proceed to develop up to three twenty scale vignettes to illustrate design features and gap closure in greater detail. Additionally, prepare up to three ¼ scale photo-realistic cross sections to further illustrate design features and relationships between bay edge and adjacent developments. Staff Meeting #2: Review the above information with City staff. Obtain feedback and prepare written meeting summary. 2.02 Community Workshop Preparation / Plan Refinements: Based upon feedback from above, proceed to refine preliminary plan package where prudent. Prepare PowerPoint presentation and on-line survey for the upcoming workshop. 2.03 Community Workshop #2: Present the above information in a single community workshop. Review alternatives prepared and facilitate feedback. Develop ranking system to evaluate community likes and dislikes with each alternative. Provide written workshop report. EXHIBIT A 2.04 Traffic Safety Parking Commission Meeting #1: Present the above information in a single Traffic Safety Parking Commission Meeting including input received from the public. Review alternatives prepared and facilitate feedback. Provide written meeting summary. 2.05 Staff Meeting #3: Review the above information with City staff. Obtain feedback on direction for a preferred plan, and prepare written meeting summary. 3.0 PREFERRED PLAN 3.01 Preferred Plan: Based upon feedback gathered during the above, proceed to refine designs and prepare a preferred design package to consist of the following; a. Preferred streetscape plan at 1” = 100’ scale illustrating improvements for the entire project area. b. Preferred Bay Trail plan at 1” = 100’ scale illustrating alignment, key areas of interested, and gap closures within the entire project area. c. Up to three revised streetscape vignettes. d. Up to three revised Bay Trail vignettes e. Up to three streetscape cross sections to illustrate improvements. f. Up to three Bay Trail cross sections to illustrate design features and relationships with adjacent features. 3.02 Cost Estimate: Develop an estimate of probable construction costs for the improvements with itemized line items separated by phasing identified above. 3.03 Visual Simulations (Optional Services): Proceed to develop up to three computer generated visual simulations (perspectives) of the proposed corridor and/or trail (exact locations to be determined). Images such as these provide community members and decision makers a better understanding of the proposed improvements and can be utilized for grant submittals and to illustrate improvements to potential developers. 3.04 Staff Meeting #4: Review the above information with City staff. Obtain feedback on report and make revisions where prudent. Prepare written meeting summary. 3.05 Community Workshop #3 (Optional Services): Present the above information in a single community workshop. Review preferred plan and supporting materials and facilitate feedback. Provide written workshop report. EXHIBIT A 4.0 FINAL PLAN 4.01 Draft Corridor Plan: Prepare an executive summary, acknowledgements, process description, summary of design standards, cost estimate, and implementation programming with prioritization; and compile the work products developed over the course of the project into a cohesive, easy-to-read report. Submit the Draft Corridor Plan Report in electronic form to city for review. 4.02 Staff Meeting #4: Obtain feedback on report and make revisions where prudent. Prepare written meeting summary. 4.03 Traffic Safety Parking Commission Meeting #2: Present the above information in a single Traffic Safety Parking Commission Meeting including input received from the public. Review process and facilitate feedback. Provide written meeting summary. 4.04 City Council Meeting #1: Present the report at a single City Council meeting to obtain Council feedback on desired refinements. Presentation will include the outreach and planning process, public feedback received, and reflection on how the preferred plan meets the public’s expectations. Respond to Council member questions and concerns. 4.05 Final Corridor Plan: Make minor modifications to the report and supporting materials based upon input. Submit the Final Corridor Plan Report to the City in electronic format for their use. EASTON CREEK EAST ON CREEK EAST ON CRE EKPRI VATE STREETDRAINAGE CANALBURLINGAME HIGH SCHOOLDRAINAGE CANAL OLD BAYSHORE HIGHWAYCORRIDOR STUDYCITY PROJECT NO. 85220NOLD BAYSHORE HIGHWAY 1 STAFF REPORT AGENDA NO: 8f MEETING DATE: June 3, 2019 To: Honorable Mayor and City Council Date: June 3, 2018 From: Mike Matteucci, Chief of Police – (650) 777-4123 Subject: Adoption of a Resolution Authorizing the City Manager to Execute the Agreement with All City Management Services (ACMS) for Crossing Guard Services RECOMMENDATION Staff recommends that the City Council adopt the attached resolution authorizing the City Manager to approve the agreement with All City Management Services to provide crossing guard services to local schools for the next two fiscal years (July 1, 2019 – June 30, 2021) at a cost of $163,707 per year ($327,414 total). BACKGROUND The Burlingame Police Department (BPD) has contracted with All City Management Services since 1996 to provide crossing guard services at local schools. The annual cost of the service for FY 2018-19 was $153,597.60. DISCUSSION All City Management Services’ reputation, customer service, ability to staff the City’s 12 crossing guard posts and back fill vacant positions at a moment’s notice has been proven during the FY 2018-19 contract. Due to wage increases in California, All City Management Services must increase the hourly billing rate from $21.88 to $23.32 for FY 2019-20 and FY 2020-21. FISCAL IMPACT The cost of the contract with All City Management Services to provide crossing guard services in Burlingame shall not exceed a total of $327,414 for the next two fiscal years (FY 2019-20 and FY 2020-21). The Burlingame School District contributes 50% of the cost of three crossing guards, while Our Lady of Angeles contributes 50% of the cost of one crossing guard. Together, the School District and Our Lady of Angels contribute approximately $54,569 of the total two-year contract cost. Exhibits: • Resolution • Agreement with All City Management Services RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ALL CITY MANAGEMENT SERVICES (ACMS) FOR CROSSING GUARD SERVICES FOR FISCAL YEAR 2019-20 AND FISCAL YEAR 2020-21 WHEREAS, the City Council has previously emphasized the desire to ensure the safety of Burlingame students through partial funding of crossing guard services at local schools; and WHEREAS, All City Management Services (ACMS) is the current provider of such services; and WHEREAS, the City has 12 locations where these services are provided; and WHEREAS, the rate of pay for the crossing guards will be $23.32 per hour as of July 1, 2019; and WHEREAS, other than the term of the agreement and cost amounts, the terms and conditions of the original Agreement and Amendments to the existing agreement with All City Management Services entered into on August 1, 1996 remain the same. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME RESOLVES AS FOLLOW: The City Manager is authorized to approve the agreement with All City Management Services for a cost of $163,707 per year for crossing guard services for the 2019-20 fiscal year and the 2020-21 fiscal year ($327,414 total). ____________________________ Donna Colson, Mayor I, Meaghan Hassel-Shearer, City Clerk of the City of Burlingame, certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 3rd day of June, 2019 and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ________________________________ Meaghan Hassel-Shearer, City Clerk 1 STAFF REPORT AGENDA NO: 8g MEETING DATE: June 3, 2019 To: Honorable Mayor and City Council Date: June 3, 2019 From: Meaghan Hassel-Shearer, City Clerk – (650) 558-7203 Subject: Adoption of a Resolution Authorizing the City Manager to Enter into a Service Agreement with On-Camera Productions for Video Coverage of City Council, Planning Commission, and Traffic, Safety & Parking Commission Meetings RECOMMENDATION Staff recommends that the City Council adopt the attached resolution authorizing the City Manager to enter into a service agreement with On-Camera Productions for video coverage of City Council, Planning Commission, and Traffic, Safety & Parking Commission Meetings. BACKGROUND For several years, On-Camera Productions has provided video coverage of City Council and Planning Commission meetings. Originally, the meetings were recorded with a single camera, and the tapings were aired on Wednesday nights on cable. Later, upon the Council’s request to provide greater access to the public, On-Camera Productions began recording and airing the meetings live with the use of multiple cameras. On-Camera Productions was able to keep the same rates when they switched to the multi-camera live feed. In 2017, the City Council asked that the Traffic, Safety & Parking Commission meetings also be filmed and streamed live. Video coverage of City Council, Planning Commission, and Traffic, Safety & Parking Commission meetings is important because it ensures transparency, provides access to the government, and assists in dispersing information. By entering into a service agreement with On-Camera Productions, the City will be able to continue providing this service to the community. DISCUSSION The City Clerk conducted a survey of how neighboring cities provide coverage of their meetings. She found that cities either provide video coverage of meetings in-house or contract with a few different companies in the area. After reviewing competitors’ pricing, the City Clerk determined that On-Camera Productions provided the best offer with reliable service. The service agreement does not have an annual cost. Instead, the agreement establishes the prices of services that the City may incur for the next two years. In Fiscal Year 2017-18, the City paid On-Camera Productions $35,285 for video coverage. On-Camera Productions Service Agreement June 3, 2019 2 The proposed two-year service agreement will allow the City to continue providing live coverage of City Council, Planning Commission, and Traffic, Safety & Parking Commission meetings. Additionally, it allows for the coverage of special meetings that are held off-site and on weekends. If approved, the contract will be effective through July 1, 2021. FISCAL IMPACT The fiscal impact of the two-year agreement is not precisely known as the City will incur costs based on what services it requests from On-Camera Productions. It can be estimated that the fiscal impact of the two-year agreement will be approximately $75,000 based on the FY 2017-18 cost of $35,285. Exhibits: • Resolution • Agreement RESOLUTION NO. _______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE CITY MANAGER TO ENTER INTO A SERVICE AGREEMENT WITH ON-CAMERA PRODUCTIONS FOR VIDEO COVERAGE OF CITY COUNCIL, PLANNING COMMISSION, AND TRAFFIC, SAFETY & PARKING COMMISSION MEETINGS WHEREAS, On-Camera Productions provides video coverage of City Council, Planning Commission, and Traffic, Safety & Parking Commission meetings; and WHEREAS, the City is committed to ensuring that residents have easy and reliable access to video recordings of City Council, Planning Commission, and Traffic, Safety & Parking Commission meetings; and WHEREAS, staff determined that On-Camera Productions provides competitive rates and reliable service; and WHEREAS, On-Camera Productions provides video coverage of special meetings that are held off-site and on the weekend; and WHEREAS, the service agreement shall be effective through July 1, 2021; and WHEREAS, in FY 2017-18, the City paid On-Camera Productions $35,285 for video coverage of over 60 meetings; and WHEREAS, it is expected that the total cost of the service agreement will be $75,000. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME RESOLVES AS FOLLOWS: The City Manager is authorized to execute a service agreement with On-Camera Productions, which provides for a two-year service agreement to provide video coverage of City Council, Planning Commission, and Traffic, Safety & Parking Commission meetings. ________________________________ Donna Colson, Mayor I, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 3rd day of June, 2019, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: _____________________________ Meaghan Hassel-Shearer, City Clerk AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF BURLINGAME AND ON-CAMERA PRODUCTIONS THIS AGREEMENT is by and between On-Camera Productions and the City of Burlingame, a public body of the State of California (“City”). On-Camera Productions and City agree: 1. Services. City wishes to obtain the services of On-Camera Productions to provide video coverage of City Council, Planning Commission, and Traffic, Safety & Parking Commission Meetings; On-Camera Productions may provide video coverage for other meetings as requested by City and agreed by On-Camera Productions. On-Camera Productions shall provide the Services set forth in Exhibit A, attached hereto and incorporated herein. 2. Compensation. On-Camera Productions agrees to perform all of the Scope of Services herein required of On-Camera Productions for $395 per meeting with an additional $65 in ½ hour increments or fractions thereof past the hour of 9:00 p.m. The City and On-Camera Productions may work together to video meetings outside of the weeknight City Council, Planning Commission, and Traffic, Safety & Parking Commission Meetings for an amount that will be agreed upon by both parties to compensate for additional setup and uploading of the video. On-Camera Productions shall submit invoices on a monthly basis. All bills submitted by On-Camera Productions 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 signature of Lee Thompson of On-Camera Productions. 3. Term. This Agreement commences on full execution hereof and terminates on July 1, 2021 unless otherwise extended or terminated pursuant to the provisions hereof. On- Camera Productions 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 On-Camera Productions’ 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 On-Camera Productions. Neither this Agreement nor any interest herein may be assigned or subcontracted by On-Camera Productions without the prior written approval of City. It is expressly understood and agreed by both parties that On-Camera Productions is an independent contractor and not an employee of the City. 5. Insurance. On-Camera Productions, 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. On-Camera Productions shall demonstrate proof of required insurance coverage prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance and original endorsements to City. Except in the case of professional design/errors and omissions insurance, the City shall be named as a primary insured. 2 6. Indemnification. On-Camera Productions 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 On-Camera Productions, 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 On-Camera Productions to indemnify and hold harmless includes the duty to defend as set forth in section 2778 of the California Civil Code. Notwithstanding the foregoing, for any design professional services, the duty to defend and indemnify City shall be limited to that allowed pursuant to California Civil Code section 2782.8. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve On-Camera Productions 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 On-Camera Productions. In the event of such termination, On-Camera Productions 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 On-Camera Productions’ delivery to City of any or all materials described herein. In the event On-Camera Productions ceases performing services under this Agreement or otherwise abandons the project prior to completing all of the Services described in this Agreement, On-Camera Productions shall, without delay, deliver to City all materials and records prepared or obtained in the performance of this Agreement. On- Camera Productions shall be paid for the reasonable value of the authorized Services performed up to the time of On-Camera Productions’ cessation or abandonment, less a deduction for any damages or additional expenses which City incurs as a result of such cessation or abandonment. 8. Ownership of Materials. All documents, materials, and records of a finished nature, including but not limited to final plans, specifications, video or audio tapes, photographs, computer data, software, reports, maps, electronic files and films, and any final revisions, prepared or obtained in the performance of this Agreement, shall be delivered to and become the property of City. All documents and materials of a preliminary nature, including but not limited to notes, sketches, preliminary plans, computations and other data, and any other material referenced in this Section, prepared or obtained in the performance of this Agreement, shall be made available, upon request, to City at no additional charge and without restriction or limitation on their use. Upon City’s request, On-Camera Productions shall execute appropriate documents to assign to the City the copyright or trademark to work created pursuant to this Agreement. On- Camera Productions shall return all City property in On-Camera Productions’ control or possession immediately upon termination. 9. Compliance with Laws. In the performance of this Agreement, On-Camera Productions 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. On-Camera Productions warrants that all work done under this Agreement will be in compliance with all 3 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 On-Camera Productions, its employees, agents, or subcontractors by law, On-Camera Productions warrants that such license has been obtained, is valid and in good standing, and On-Camera Productions 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. On-Camera Productions warrants and covenants that On- Camera Productions presently has no interest in, nor shall any interest be hereinafter acquired in, any matter which will render the services required under the provisions of this Agreement a violation of any applicable state, local, or federal law. In the event that any conflict of interest should nevertheless hereinafter arise, On-Camera Productions shall promptly notify City of the existence of such conflict of interest so that the City may determine whether to terminate this Agreement. On-Camera Productions 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 On-Camera Productions 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) 4 depositing such notice in the United States mail, registered or certified, return receipt requested, postage prepaid, addressed to a party at its address set forth in Exhibit A; (ii) transmitting such notice by means of Federal Express or similar overnight commercial courier (“Courier”), postage paid and addressed to the other at its street address set forth below; (iii) transmitting the same by facsimile, in which case notice shall be deemed delivered upon confirmation of receipt by the sending facsimile machine’s acknowledgment of such with date and time printout; or (iv) by personal delivery. Any notice given by Courier shall be deemed given on the date shown on the receipt for acceptance or rejection of the notice. Either party may, by written notice, change the address to which notices addressed to it shall thereafter be sent. 15. Miscellaneous. Except to the extent that it provides a part of the definition of the term used herein, the captions used in this Agreement are for convenience only and shall not be considered in the construction of interpretation of any provision hereof, nor taken as a correct or complete segregation of the several units of materials and labor. Capitalized terms refer to the definition provide with its first usage in the Agreement. When the context of this Agreement requires, the neuter gender includes the masculine, the feminine, a partnership or corporation, trust or joint venture, and the singular includes the plural. The terms “shall”, “will”, “must” and “agree” are mandatory. The term “may” is permissive. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. When a party is required to do something by this Agreement, it shall do so at its sole cost and expense without right to reimbursement from the other party unless specific provision is made otherwise. Where any party is obligated not to perform any act, such party is also obligated to restrain any others within its control from performing such act, including its agents, invitees, contractors, subcontractors and employees. IN WITNESS WHEREOF, On-Camera Productions and City execute this Agreement. CITY OF BURLINGAME ON-CAMERA PRODUCTIONS 501 Primrose Road Name Burlingame, CA 94010 Address By: By: 5 LisaGoldman Name City Manager Title Date: Date: Attest: Federal Employer ID Number: Meaghan Hassel-Shearer License Number: CityClerk ExpirationDate: Approved as to form: Kathleen Kane City Attorney Attachments: Exhibit A Scope of Services Exhibit B City Insurance Provisions 330 Primrose Road, Suite 214 Burlingame, CA 94010 On-Camera ProductionV Services This Video Production Agreement is made effective as of -XO\2, 2019 (the “Effective Date”) by and between On-Camera Productions (OnCameraPro.com) and the City of Burlingame. Description of Services Beginning on -XO\2 9 through -XO\2021, On- Camera Productions will continue to provide to the City of Burlingame the following video production services: Weekly Two-Camera LIVE Telecast/Webcast: Sony DSR Package XLR Composite out w/ Operator, Switcher, Tripods and Plates, Sony Cameras w MX-12 Effects Generator, Operator and Monitors, including early Setup / Meeting Coverage / Strike-down. Performance of Services On-Camera Productions will provide live video coverage for City Council Meetings at 7:00 p.m. each 1st and 3rd Monday in the calendar month, City Planning Commission Meetings at 7:00 p.m. each 2nd and 4th Monday in the calendar month, and Traffic, Safety & Parking Commission Meetings at 7:00 p.m. each 2nd Thursday in the calendar month. On-Camera Productions will continue to utilize the same digital package as described above and will maintain the same standards and pricing as has been provided in recent years. OCP can be available for additional meetings. Lee Thompson, of On-Camera Productions will continue to attend when necessary, any pertinent discussions on technical matters with other service providers such as Comcast, AT&T, Granicus, or any other vendors associated with the overall infrastructure of the telecast/webcast at no additional cost to the city. All the past terms and conditions remain the same. As such time that Lee Thompson cannot attend the meetings for any reason, he will provide a production experienced and competent substitute for the evening of each City Council or Planning Commission meeting. Payment City of Burlingame agrees to pay On Camera Productions, a base of $ 395 in consideration for continued multi-camera services to be rendered by On-Camera Productions. As has been the case, the City of Burlingame will pay On Camera Productions an additional 65 in 1/2 hour increments or fraction thereof past the hour of 9pm if applicable. On-Camera Productions will set aside in advance all Monday evenings to cover the City Council and Planning Commission meetings noting that there are no gatherings on any 5th Monday in a given calendar month. If a Monday falls on a holiday, services for the next calendar business evening will commence and On Camera Productions will reschedule for that evening. On- Camera Productions will also set aside the second Thursday of every calendar month for Traffic, Safety & Parking Commission meetings. Any other video recording outside the normally scheduled meetings will be handled separately, and will be treated accordingly depending on services rendered. Relationship of Parties It is understood by the parties that On Camera Productions is an independent contractor with respect to the City of Burlingame. KLELW 1 STAFF REPORT AGENDA NO: 8h MEETING DATE: June 3, 2019 To: Honorable Mayor and City Council Date: June 3, 2019 From: Carol Augustine, Finance Director – (650) 558-7222 Subject: Adoption of a Resolution Approving the Allocation of Funding for Community Service Organizations for Fiscal Year 2019-20 RECOMMENDATION Staff recommends that the City Council discuss final grant amounts calculated for the various community groups, which total $55,000, provide direction on awards, and adopt a resolution providing funding for the City’s Community Groups Funding Program for fiscal year 2019-20. BACKGROUND Each year, the City Council funds community groups that carry out a public purpose through the services they offer to San Mateo County and Burlingame residents through this Community Groups Funding Program. In FY 2018-19, the Council approved $50,000 in funding for 22 community agencies. The Finance Department issued a Notice of Funding Availability on March 1, 2019 for the 2019-20 fiscal year program. The deadline for submitting the one-page application with attachments was April 12, 2019, at 5:00 p.m. The City received applications to fund 23 programs; the requests total over $81,500. At the budget study session in May, the City Council directed staff to increase the appropriation for the Community Funding program for fiscal year 2019-20 to $55,000. Therefore, the FY 2019-20 Budget, if adopted by the Council at its June 17th meeting, appropriates $55,000 for community groups funding allocations via this traditional program. Councilmembers were provided with a tabulation worksheet in order to make individual funding recommendations. The results were tabulated, and are attached for the Council’s review. DISCUSSION The City Council has historically decided funding amounts for the Community Funding Program in June. Payments are disbursed early in the new fiscal year (July). In the case of funding preferences, Councilmember Keighran has recused herself from the funding determination of the Community Overcoming Relationship Abuse (CORA) because she serves on the organization’s governing board. In order not to penalize the organization (where a Councilmember has recused him or herself from suggesting an award amount), the “average” has been calculated by dividing the sum of awards suggested for that organization by four, rather than the five otherwise possible Community Group Funding FY 2019-20 June 3, 2019 2 funding suggestions. Remaining allocations were adjusted and rounded to five dollar increments; the result was an award total of $55,000, the suggested appropriation for the traditional Community Funding program for fiscal year 2019-20. FISCAL IMPACT The proposed budget for fiscal year 2019-20 includes an appropriation of $55,000 for the Community Groups Funding program. The actual suggested awards total $55,000 and can therefore be approved contingent on the adoption of the budget as proposed on June 17th. Exhibit: • Resolution Approving the Allocation of Funding for Community Groups Organizations for Fiscal Year 2019-20 (with FY 2019-20 Award Tabulation worksheet) RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING THE ALLOCATION OF FUNDING FOR COMMUNITY SERVICE ORGANIZATIONS FOR FISCAL YEAR 2019-20 WHEREAS, various non-profit organizations assist the City with carrying out its mission by meeting a public need of the residents of the City of Burlingame that is not addressed by the City of Burlingame services, or that supplements an existing service provided by the City of Burlingame, thereby relieving the City of the costs of providing that service; and WHEREAS, the City has a long-established process for funding certain services through annual grants to non-profit organizations that address community needs and have a significant Burlingame client base; and WHEREAS, decisions on whether to fund eligible non-profit organizations carrying out a public purpose lie with the discretion of the City Council and within the limit of funds available within the City budget. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME, CALIFORNIA RESOLVES AND FINDS AS FOLLOWS: 1. that the organizations recommended for funding as part of the City of Burlingame’s Community Group Funding Program each carry out a specific and necessary public purpose, and 2. that the allocation of the 2019-20 Community Group Funding Program budget has been dutifully considered by the Council and is approved as calculated and outlined on the worksheet shown as Exhibit A to this resolution, contingent upon approval of the 2019-20 budget as proposed for the program. Donna Colson, Mayor I, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, certify that the foregoing Resolution was adopted at a special meeting of the City Council held on the 3rd day of June, 2019 and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Meaghan Hassel-Shearer, City Clerk Community Group Funding Requested Beach Brownrigg Colson Keighran Ortiz FY 19-20 Award Burlingame Historical Society $2,500.00 $2,000.00 $2,000.00 $2,500.00 $2,000.00 $2,000.00 $2,075.00 Burlingame Neighborhood Network $6,812.85 $4,000.00 $2,500.00 $3,000.00 $3,200.00 $3,000.00 $3,100.00 CALL Primrose Center $6,500.00 $6,500.00 $6,500.00 $6,500.00 $7,000.00 $6,500.00 $6,515.00 Center for Independence of Individuals with Disabilities $2,500.00 $500.00 $0.00 $500.00 $700.00 $1,000.00 $535.00 Citizens Environmental Council - Burlingame $2,500.00 $2,500.00 $2,000.00 $2,500.00 $2,500.00 $3,000.00 $2,465.00 Community Gatepath $5,000.00 $3,900.00 $5,000.00 $3,000.00 $5,000.00 $3,500.00 $4,025.00 CORA $5,000.00 $5,000.00 $3,000.00 $3,000.00 Recused $3,500.00 $3,580.00 County of San Mateo Jobs for Youth $1,500.00 $750.00 $1,500.00 $1,000.00 $1,250.00 $1,000.00 $1,085.00 Hillbarn Theatre, Inc.$500.00 $750.00 $0.00 $0.00 $0.00 $1,000.00 $345.00 HIP Housing $5,000.00 $5,000.00 $5,000.00 $5,000.00 $6,000.00 $6,400.00 $5,410.00 Legal Aid Society of San Mateo County $1,500.00 $500.00 $1,500.00 $500.00 $350.00 $1,000.00 $760.00 Life Steps Foundation $500.00 $500.00 $0.00 $500.00 $400.00 $400.00 $355.00 LifeMoves $7,500.00 $6,000.00 $7,500.00 $6,500.00 $7,000.00 $5,000.00 $6,315.00 Mission Hospice & Home Care $2,000.00 $650.00 $0.00 $500.00 $1,500.00 $1,000.00 $720.00 Music at Kohl Mansion $1,000.00 $1,000.00 $0.00 $1,000.00 $750.00 $1,000.00 $740.00 Ombudsman Services of San Mateo County, Inc.$1,000.00 $500.00 $0.00 $0.00 $750.00 $700.00 $385.00 PARCA $2,200.00 $900.00 $2,000.00 $0.00 $1,600.00 $1,000.00 $1,085.00 Peninsula Choral Association DBA Peninsula Girls Chorus $2,000.00 $600.00 $0.00 $0.00 $0.00 $200.00 $160.00 Peninsula Museum of Art $5,000.00 $3,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,170.00 Samaritan House - Core Services $7,000.00 $3,500.00 $7,000.00 $7,000.00 $5,000.00 $4,300.00 $5,290.00 Samaritan House/Safe Harbor/Winter Shelter $7,000.00 $3,450.00 $4,500.00 $7,000.00 $5,000.00 $5,000.00 $4,925.00 Star Vista $2,000.00 $2,000.00 $1,000.00 $2,000.00 $1,500.00 $1,100.00 $1,500.00 Sustainable San Mateo County $5,000.00 $1,500.00 $2,000.00 $1,000.00 $1,500.00 $1,400.00 $1,460.00 Totals: $81,512.85 $55,000.00 $55,000.00 $55,000.00 $55,000.00 $55,000.00 $55,000.00 COMMUNITY GROUP FUNDING COUNCIL RECOMMENDATIONS 2019-20 Exhibit A 1 STAFF REPORT AGENDA NO: 8i MEETING DATE: June 3, 2019 To: Honorable Mayor and City Council Date: June 3, 2019 From: Syed Murtuza, Public Works Director – (650) 558-7230 Subject: Approval of Out-of-State Travel for the Director of Public Works RECOMMENDATION Staff recommends that the City Council approve the Public Works Director’s out-of-state travel to attend the American Public Works Association (APWA) Public Works Expo in Seattle, Washington. BACKGROUND The annual APWA Public Works Expo will be held September 8-11, 2019, at the Washington State Convention Center. This year’s expo includes sessions that address current public works issues as well as ongoing challenges in key areas such as emerging technologies, asset management, new funding sources, sustainability solutions, emergency preparedness, and more. This conference is expected to bring together more than 5,000 public works professionals and will feature more than 125 education sessions and 400 exhibits all related to public works. DISCUSSION The Director of Public Works is an active member of the APWA. The early-bird conference registration fee for members is $829. Hotel and airfare combined are expected to be less than $1200. FISCAL IMPACT Sufficient funds have been budgeted in the Public Works travel, conference, and meetings account for attendance to the APWA Public Works Expo. 1 STAFF REPORT AGENDA NO: 8j MEETING DATE: June 3, 2019 To: Honorable Mayor and City Council Date: June 3, 2019 From: Meaghan Hassel-Shearer, City Clerk – (650) 558-7203 Subject: Adoption of a Proclamation Declaring the First Friday in June to be National Gun Violence Awareness Day RECOMMENDATION Councilmember Brownrigg recommends that the City Council adopt a proclamation declaring the first Friday in June to be National Gun Violence Awareness Day. BACKGROUND The organization Wear Orange has asked the City Council, via a request to Councilmember Brownrigg, to issue an official proclamation declaring the first Friday in June to be National Gun Violence Awareness Day. DISCUSSION Wear Orange arose after the death of 15-year old Hadiya Pendleton, who was shot and killed in Chicago. The organization’s mission is to raise awareness about gun violence and honor those whose lives were cut short as a result of guns. Wear Orange has partnered with over 180 non- profits and over 200 cities to further their mission. FISCAL IMPACT There is no fiscal impact Exhibit: • Proclamation PROCLAMATION Declaring the First Friday in June to be National Gun Violence Awareness Day Whereas, this proclamation declares the first Friday in June to be National Gun Violence Awareness Day in the City of Burlingame to honor and remember all victims and survivors of gun violence and to declare that we as a country must do more to reduce gun violence; and Whereas, every day, 100 Americans are killed by gun violence; on average there are nearly 12,000 gun homicides every year; and Americans are 25 times more likely to be killed with guns than citizens who live in other high-income countries; and Whereas, protecting public safety in the communities we serve is among government’s highest responsibilities; and Whereas, support for the Second Amendment rights of law-abiding citizens goes hand-in-hand with keeping guns away from people with dangerous histories; and Whereas, in January 2013, Hadiya Pendleton, a teenager who marched in President Obama’s second inaugural parade and was tragically shot and killed just weeks later, should be now celebrating her 22nd birthday; and Whereas, to help honor Hadiya – and the 100 Americans whose lives are cut short and the countless survivors who are injured by shooting every day – a national coalition of organizations has designated June 7, 2019, the first Friday in June, as the 5th National Gun Violence Awareness Day; and Whereas, the idea was inspired by a group of Hadiya’s friends, who asked their classmates to commemorate her life by wearing orange; they chose this color because hunters wear orange to announce themselves to other hunters when in the woods and orange is a color that symbolizes the value of human life; and Whereas, by wearing orange on June 7, 2019 Americans will raise awareness about gun violence and honor the lives of gun violence victims and survivors; and Whereas, we renew our commitment to reduce gun violence and pledge to do all we can to keep firearms out of the wrong hands, and encourage responsible gun ownership to help keep our children safe; and Now therefore I, Donna Colson, Mayor of the City of Burlingame in the State of California, do hereby declare the first Friday in June, June 7, 2019, to be National Gun Violence Awareness Day and encourage all citizens to support their local communities’ efforts to prevent the tragic effects of gun violence and to honor and value human lives. In witness whereof, I have hereunto set my hand and caused the seal of the City of Burlingame to be affixed this the 3rd day of June, 2019. Donna Colson, Mayor 1 STAFF REPORT AGENDA NO: 9a MEETING DATE: June 3, 2019 To: Honorable Mayor and City Council Date: June 3, 2019 From: Kevin Gardiner, Community Development Director – (650) 558-7253 Ruben Hurin, Planning Manager – (650) 558-7256 Kathleen Kane, City Attorney – (650) 558-7204 Subject: Public Hearing to Consider Proposed Amendments to Title 25, Code Sections 25.32.030 (Burlingame Avenue Commercial District) and 25.70.090 (Off-Street Parking) to Allow Commercial Recreation as a Conditional Use in the Burlingame Avenue Commercial (BAC) District. RECOMMENDATION Staff recommends that the City Council consider proposed amendments to the Burlingame Municipal Code regarding allowing commercial recreation as a Conditional Use in a portion of the Burlingame Avenue Commercial (BAC) District. In order to do so, the City Council should: 1. Request the City Clerk to read the title of the proposed ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BURLINGAME, AMENDING TITLE 25 – CODE SECTIONS 25.32.030 (BURLINGAME AVENUE COMMERCIAL DISTRICT) AND 25.70.090 (OFF-STREET PARKING) TO ALLOW COMMERCIAL RECREATION AS A CONDITIONAL USE IN THE BURLINGAME AVENUE COMMERCIAL (BAC) DISTRICT. 2. By motion, waive further reading and introduce the proposed ordinance. 3. Conduct a public hearing on the proposed ordinance. 4. Following closure of the public hearing, discuss the proposed ordinance and provide any direction to staff; if no changes are requested, then direct that the ordinance be placed on the June 17, 2019 City Council Agenda for adoption. 5. Direct the City Clerk to publish a summary of the ordinance at least five days before proposed adoption. If so directed by Council, the ordinance along with a resolution verifying that the actions of the City Council are in compliance with the provisions of the California Environmental Quality Act (CEQA) will be presented for adoption at the June 17, 2019 regular meeting of the City Council. Amendments to Title 25 – Amendment to Burlingame Avenue Commercial District June 3, 2019 and Off-Street Parking Regulations 2 BACKGROUND At its August and October meetings, the City Council’s Economic Development Subcommittee discussed the retail environment in the City’s two main commercial business districts, Downtown Burlingame Avenue and Broadway. The meeting in August included discussion with a commercial broker representing a large vacant storefront on Burlingame Avenue in which she shared her perspective about which uses may be attracted to Burlingame Avenue in general. For the October meeting, property owners were invited to attend and share their perspectives. The August 17, 2018 and October 11, 2018 Economic Development Subcommittee meeting minutes are attached. During the meetings, commercial recreation was discussed as a potential use to add to the Burlingame Avenue Commercial (BAC) district. Commercial recreation generally includes uses such as athletic or fitness centers, gymnasiums, art and dance studios, martial arts studios, bowling alleys, billiard halls, museums, performance theaters, and active learning and play centers for children and/or adults. Currently, commercial recreation is allowed as a Conditional Use in the Bayswater Mixed Use (BMU), Howard Mixed Use (HMU), Donnelly Avenue Commercial (DAC), Chapin Avenue Commercial (CAC), and Broadway Commercial Districts. Commercial recreation is not permitted in the BAC district. Since the discussion, staff has been contacted by several other property owners expressing interest in allowing commercial recreation within the Burlingame Avenue Commercial district. As part of “Envision Burlingame,” the Zoning Ordinance including the BAC District will be reviewed and updated. The timeframe for the full update is anticipated to take approximately one year. However, the consideration and potential addition of commercial recreation as a Conditional Use is a focused effort that provides a more immediate benefit. On November 19, 2018, the City Council gave direction to staff to proceed with preparation of amendments to the land use restrictions allowing commercial recreation as a Conditional Use in the BAC District. On April 15, 2019, the City Council introduced the proposed ordinance to amend the BAC District and Off-Street Parking regulations. After discussing the proposed amendments, the Council continued action on the item until further discussions could be held at the Burlingame Talks Shop event on April 17th. This allowed further consultation with the Economic Development Subcommittee on the matter, including a discussion of whether commercial recreation should be limited to particular blocks in the BAC District, and what form the requirement for active retail uses at the front of the space should take (minimum depth, percentage of visibility into space, etc.). Direction provided by the Economic Development Subcommittee at their meeting on May 8, 2019 was to limit commercial recreation uses to the 1400 block of Burlingame Avenue (between Primrose Road and El Camino Real). This block has a number of larger tenant spaces that could accommodate commercial recreation uses, and it is not at the core of the Downtown retail district. The subcommittee also considered whether to require specific dimensions for visible active uses such as retail, waiting/reception, or lounge areas at the front of the space, but ultimately Amendments to Title 25 – Amendment to Burlingame Avenue Commercial District June 3, 2019 and Off-Street Parking Regulations 3 recommended not specifying a specific minimum depth requirement in order to allow flexibility for different situations. Compliance with the active use requirement would be reviewed as part of the Conditional Use Permit within the particular context of each application. The subcommittee further suggested that Planning staff providing an initial assessment of compliance with the regulations, and provide a recommendation to the Planning Commission in the staff report. On May 20, 2019, the City Council introduced the proposed ordinance to amend the BAC District and Off-Street Parking regulations. After discussing the proposed amendments further, the Council continued action on the item, noting that the criteria should be revised to allow for more flexibility in the application of the window treatments (particularly obscured glass), as businesses may have different needs and concerns with visibility into their space. The Council also noted that Planning Division staff can work with applicants and make recommendations for the Planning Commission to consider regarding the configuration of the active visible uses and window treatments along the business frontage. For reference, the Downtown Specific Plan provides guidance regarding window transparency, but the guidance is more directed to retail display windows (see attached page 5-9): Glass used in the display windows should be clear so it is possible to see inside, and display cases that block views into stores are strongly discouraged. Noticeably tinted glazing is discouraged and mirrored/reflective glass is not permitted. DISCUSSION Burlingame Avenue has traditionally been focused on retail, restaurant, and service uses. However, given the evolving nature of all of those uses (particularly retail), many business and shopping districts are finding a need to introduce additional new uses in order to remain vibrant and competitive. Some communities are finding that active commercial recreation uses can be an appropriate addition to their business and shopping districts. In particular, commercial recreation can generate regular “foot traffic”, which can benefit neighboring retailers, restaurants, and services. As noted above, commercial recreation is allowed as a Conditional Use in the areas surrounding Burlingame Avenue (specifically the BMU, HMU, DAC, and CAC Districts), but is not permitted in the BAC District. As a Conditional Use, conditions can be imposed on a business to ensure it is compatible with the surrounding area. Suggestions in the subcommittee meetings included consideration of requiring a retail or food service component at the front of a commercial recreation business, and requiring that storefront windows be maintained clear rather than obscured. The proposed ordinance sets forth text amendments to the City’s existing BAC District regulations to allow commercial recreation as a Conditional Use, limited to tenant spaces with frontages on Burlingame Avenue between Primrose Road and El Camino Real. The proposed ordinance also sets forth text amendments to the Off-Street Parking regulations to exempt commercial recreation uses from providing off-street parking, if located on the first floor and within the parking sector of the Burlingame Downtown Specific Plan. (Retail, personal service, and food establishment uses located on the first floor and within the parking sector are currently exempt.) Staff has provided a summary of the proposed changes below. Amendments to Title 25 – Amendment to Burlingame Avenue Commercial District June 3, 2019 and Off-Street Parking Regulations 4 Proposed Amendment to Code Section 25.32.030 (BAC District Regulations): Staff has prepared an amendment to the BAC District regulations that allows commercial recreation uses the opportunity to request approval of a Conditional Use Permit, limited to tenant spaces with frontages on Burlingame Avenue between Primrose Road and El Camino Real, and establishes criteria for approval of such requests, including:  Requiring active visible uses such as retail, waiting/reception, or lounge areas associated with the business along the business frontage abutting the sidewalk; and  Specifying that clear storefront glass is preferred, but obscured glass and/or window treatments may be proposed, subject to review by the Planning Commission. Proposed Amendment to Code Section 25.70.090 (Off-Street Parking): Retail, personal, and food establishment uses located on the first floor that are located within the parking sector are currently exempt from off-street parking requirements (Code Section 25.70.090 (a)). The basis for this exemption originated when the City acquired and built public parking lots in the downtown area, by way of assessments (60% of cost) collected from property owners within the Burlingame Avenue Off-street Parking District (created in 1962). The Planning Division previously has determined that for uses located within the parking sector, the net increase calculation for parking should be based on the most intensive use that would otherwise be exempt (in this case food establishments at 1 space per 200 SF of floor area) rather than strictly the existing use. Therefore, commercial recreation uses (parking ratio of 1 space per 200 SF of floor area) would not require any additional parking (or a Parking Variance) based on this determination, since there would be no intensification of use based on the most intensive use permitted. Staff has prepared an amendment to the off-street parking regulations for vehicle parking in the parking sector of the Burlingame Downtown Specific Plan. The proposed amendment to Code Section 25.70.090 (a) adds commercial recreation as an exempt use from providing off-street parking, if located on the first floor and within the parking sector of the Burlingame Downtown Specific Plan. This amendment is being proposed in order to facilitate the City Council’s directive of allowing commercial recreation as a Conditional Use in the BAC District by removing Parking Variances and parking in-lieu payment requirements, which would deter commercial recreation type businesses from considering the BAC District as a potential location. The proposed ordinance is provided as an attachment to this report. Text to be added is in bold, and text to be deleted is in strikeout, both in red font. Comparison to Similar Cities: With respect to allowing commercial recreation uses in downtown core areas, Planning staff reviewed regulations in cities with similar downtowns, including the City of San Mateo and City of San Carlos. San Mateo’s downtown core area is larger than Burlingame’s; its primary downtown streets include Amendments to Title 25 – Amendment to Burlingame Avenue Commercial District June 3, 2019 and Off-Street Parking Regulations 5 3rd Avenue, 4th Avenue, and B Street, which are all under the same zoning district. Commercial recreation uses in San Mateo’s downtown core area are allowed with approval of a Special Use Permit (similar to a Conditional Use Permit). The main street through the downtown core of San Carlos is Laurel Street (approximately three blocks in length within the core). Commercial recreation uses are not permitted in the downtown core along Laurel Street, but are allowed with approval of a Conditional Use Permit in some surrounding zoning districts, primarily in the area north of the downtown core, as well as south of the downtown core along Laurel Street and El Camino Real. Planning Commission Review and Recommendation: The Planning Commission reviewed the proposed amendments at its February 25, 2019 meeting (meeting minutes attached). In their discussion, they noted the following:  Conditional Use Permit process provides the level of protection in case an application presents possible negative impacts.  At City Council and subcommittee levels, the issue has been vetted and discussed in regards to the changing face of retail, and the need to open ourselves up in terms of what types of uses are going to continue to make our downtown vibrant. We have to think about how downtowns are going to remain alive with e-commerce. Commercial recreation uses will continue to bring people downtown; don't see a reason not to allow it.  The 15-foot buffer is a potential retail area, so it will add to the retail feel on Burlingame Avenue. For these reasons the Planning Commission expressed support of the proposed amendments and recommended approval to the City Council. FISCAL IMPACT None. Exhibits:  Proposed Ordinance  Zoning Code Sections 25.32.030 and 25.70.090 – Redlines with Proposed Amendments  April 15, 2019 City Council Minutes  November 19, 2018 City Council Minutes  August 17, 2018 and October 11, 2018 Economic Development Subcommittee Minutes  February 25, 2019 Planning Commission Minutes  Burlingame Downtown Specific Plan Excerpt - Windows  Public Hearing Notice – published May 24, 2019 ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BURLINGAME, AMENDING TITLE 25 – CODE SECTIONS 25.30.030 (BURLINGAME AVENUE COMMERCIAL DISTRICT) AND 25.70.090 (OFF-STREET PARKING) OF THE BURLINGAME MUNICIPAL CODE TO ALLOW COMMERCIAL RECREATION AS A CONDITIONAL USE IN THE BURLINGAME AVENUE COMMERCIAL (BAC) DISTRICT The City Council of the City of Burlingame ordains as follows: Division 1. Factual Background WHEREAS, the proposed zoning amendments would allow commercial recreation uses in the Burlingame Avenue Commercial (BAC) District, limited to tenant spaces with frontages on Burlingame Avenue between Primrose Road and El Camino Real, through approval of a Conditional Use Permit and established criteria; as reflected in the amendments to Title 25, Chapter 25.30, Code Section 25.32.030; and WHEREAS, the proposed zoning amendments would add commercial recreation as a use that is exempt from providing off-street parking if such use is located on the first floor and within the parking sector of the Burlingame Downtown Specific Plan; as reflected in the amendments to Title 25, Chapter 25.70, Code Section 25.70.090; and WHEREAS, the proposed amendments to the zoning code are considered minor alterations to land use limitations, which are Categorically Exempt from environmental review pursuant to the California Environmental Quality Act (CEQA), per Section 15305 of the CEQA Guidelines; and WHEREAS, the City Council of the City of Burlingame on November 19, 2018 directed staff to proceed with preparation of amendments to the land use restrictions allowing commercial recreation as a Conditional Use in the BAC District; and WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on February 25, 2019, at which time it reviewed and considered the staff report and all other written materials and testimony presented at said hearing and recommended to the City Council that it adopt amendments to Title 25 (zoning code) of the Burlingame Municipal Code to amend the BAC District and Off-Street Parking regulations to allow commercial recreation through approval of a Conditional Use Permit; and WHEREAS, said matters were heard by the City Council of the City of Burlingame on April 15, 2019, at which time it reviewed and considered the staff report and all other written materials and testimony presented at said hearing and continued action on the item for further discussions regarding requiring active retail uses at the front of the space and in what form it should be provided. WHEREAS, said matters were heard by the City Council of the City of Burlingame on May 20, 2019, at which time it reviewed and considered the staff report and all other written materials and testimony presented at said hearing and continued action on the item for further discussions regarding allowing more flexibility in the application of the window treatment along the storefront, and that it 2 should be subject to review by Planning Division staff and Planning Commission as part of the Conditional Use Permit. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME ORDAINS AS FOLLOWS: Division 2. Burlingame Municipal Code Sections 25.32.030 and 25.70.090 are amended and shall be enacted as follows: Chapter 25.32 BAC (BURLINGAME AVENUE COMMERCIAL) DISTRICT REGULATIONS 25.32.030 Conditional uses requiring a conditional use permit. The following are conditional uses requiring a conditional use permit in the BAC District: (a) Instructional classes incidental to retail or service use; (b) Grocery stores and markets; (c) Schools, above or below the first floor only, which operate outside of peak retail hours only; (d) Above the first floor only: (1) Real estate offices, (2) Health services, (3) Financial institutions; (e) Public utility and public service buildings and facilities; (f) Drive-in services or take-out services associated with permitted uses; (g) Food establishments on certain sites, subject to the criteria established in Section 25.32.070; (h) Any building or structure which is more than thirty-five (35) feet in height, up to a maximum building height of fifty-five (55) feet. (i) Commercial recreation use, limited to tenant spaces with frontages on Burlingame Avenue between Primrose Road and El Camino Real, which meet all of the following criteria: (1) Active visible uses including retail, waiting/reception or lounge areas associated with the business, shall be provided along the business frontage abutting the sidewalk; and (2) Clear storefront glass is preferred, however obscured glass and/or window treatments are subject to review by the Planning Commission. 3 Chapter 25.70 OFF-STREET PARKING 25.70.090 Vehicle parking in the parking sector of the Burlingame Downtown Specific Plan. Notwithstanding any other provision of this code, the following shall apply to vehicle parking requirements in the parking sector of the Burlingame Downtown Specific Plan, as shown on the Parking Sector Boundaries Map, Figure 3-3 of the Burlingame Downtown Specific Plan: (a) Retail, personal service, food establishment, and commercial recreation uses located on the first floor within the parking sector shall be exempt from providing off-street parking. Any other uses on the first floor, and all uses above or below the first floor shall provide off-street parking as required by this chapter. (b) Any new development, except reconstruction because of catastrophe or natural disaster, shall provide on-site parking, except that the first floor of such new development in the parking sector shall be exempt from parking requirements if the first floor is used for retail, personal service or food establishment uses. (c) Buildings reconstructed after catastrophe or natural disaster shall be required to provide parking only for the square footage over and above the square footage existing at the time of the disaster. This parking shall be provided on-site. Division 3: 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 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 4: 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. _________________________________ Donna Colson, Mayor I, Meaghan Hassel-Shearer, City Clerk of the City of Burlingame, certify that the foregoing ordinance was introduced at a public hearing at a regular meeting of the City Council held on the 3rd day of June, 2019, and adopted thereafter at a regular meeting of the City Council held on the ______ day of ___________ 2019, by the following vote: 4 AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: __________________________________ Meaghan Hassel-Shearer, City Clerk Proposed Amendments 25.32.030 Conditional uses requiring a conditional use permit. The following are conditional uses requiring a conditional use permit in the BAC District: (a) Instructional classes incidental to retail or service use; (b) Grocery stores and markets; (c) Schools, above or below the first floor only, which operate outside of peak retail hours only; (d) Above the first floor only: (1) Real estate offices, (2) Health services, (3) Financial institutions; (e) Public utility and public service buildings and facilities; (f) Drive-in services or take-out services associated with permitted uses; (g) Food establishments on certain sites, subject to the criteria established in Section 25.32.070; (h) Any building or structure which is more than thirty-five (35) feet in height, up to a maximum building height of fifty-five (55) feet. (i) Commercial recreation use, limited to tenant spaces with frontages on Burlingame Avenue between Primrose Road and El Camino Real, which meets all of the following criteria: (1) Active visible uses including retail, waiting/reception or lounge areas associated with the business, shall be provided along the business frontage abutting the sidewalk; and (2) Clear storefront glass is preferred, however obscured glass and/or window treatments are subject to review by the Planning Commission. 25.70.090 Vehicle parking in the parking sector of the Burlingame Downtown Specific Plan. Notwithstanding any other provision of this code, the following shall apply to vehicle parking requirements in the parking sector of the Burlingame Downtown Specific Plan, as shown on the Parking Sector Boundaries Map, Figure 3-3 of the Burlingame Downtown Specific Plan: (a) Retail, personal service, and food establishment, and commercial recreation uses located on the first floor within the parking sector shall be exempt from providing off- street parking. Any other uses on the first floor, and all uses above or below the first floor shall provide off-street parking as required by this chapter. (b) Any new development, except reconstruction because of catastrophe or natural disaster, shall provide on-site parking, except that the first floor of such new development in the parking sector shall be exempt from parking requirements if the first floor is used for retail, personal service or food establishment uses. (c) Buildings reconstructed after catastrophe or natural disaster shall be required to provide parking only for the square footage over and above the square footage existing at the time of the disaster. This parking shall be provided on-site. Burlingame City Council November 19, 2018 Approved Minutes 18 protected and their status. She added that her preliminary analysis shows that there are 21 trees that are protected, and 14 of those trees are in poor health. Ms. Merkes stated that the second question asked whether a TDM strategy would be applied to the project. She explained that this is a management plan and would be something that could be added as a goal. Ms. Merkes stated that the third question concerned curb management and utilizing the driveway for drop- offs. She explained that she has been working on creating two drop-off zones. Vice Mayor Colson asked if there is a tree replanting diagram. Ms. Merkes responded in the affirmative. Mayor Brownrigg opened the item up for public comment. No one spoke. b. PROVIDE DIRECTION TO THE PLANNING COMMISSION TO PROCEED WITH A REVIEW AND POTENTIAL MODIFICATION OF THE BURLINGAME AVENUE COMMERCIAL (BAC) ZONING REGULATIONS TO ALLOW COMMERCIAL RECREATION USES CDD Gardiner stated that at the Economic Development Subcommittee’s October meeting, the members discussed the retail environment in the city’s two commercial districts. He explained that commercial recreation was discussed as a potential use in the Burlingame Avenue Commercial District. Currently, commercial recreation is allowed as a conditional use in the Howard Mixed Use Zone and on Broadway. He stated that staff is requesting that City Council authorize the Planning Commission to review the proposal to allow commercial recreation as a conditional use in the Burlingame Avenue Commercial zone. Councilmember Keighran stated that while she agreed that the Planning Commission should look into this, she wasn’t sure if she agreed with allowing commercial recreation businesses on Burlingame Avenue. Councilmember Ortiz stated that this request makes him think of the Pilates studio and how it has increased foot traffic on Broadway. Therefore, he saw how it could be beneficial for a street but was concerned that it might not be appropriate on Burlingame Avenue. Mayor Brownrigg opened the item up for public comment. Commercial broker Christina DeRockere discussed the interest she has received from fitness companies to take over the space at Sole Desire. Mayor Brownrigg closed the public comment. City Manager Goldman stated that this discussion occurred at two different Economic Development Subcommittee meetings. At the first meeting, the commercial broker who represents the J Crew space discussed the difficulty of leasing the space because of its size. She stated that at the second meeting, in October, six property owners and others joined the conversation. She explained that they told a compelling Burlingame City Council November 19, 2018 Approved Minutes 19 story about how it was important to open Burlingame Avenue up to different uses provided there is a retail front. Vice Mayor Colson stated that the property owners, real estate agents, and small business owners told the Subcommittee members that the City needed to rethink programing in the major commercial downtown areas. She discussed the interest of several fitness studios, like SoulCycle, to open on Burlingame Avenue. She stated that her concern is that if the City doesn’t get ahead of this, Burlingame Avenue could end up having several empty storefronts. She added that the State is considering taxing services. Therefore, the City would be able to capture these taxes by incorporating commercial recreation into the downtown commercial areas. Councilmember Beach agreed. Mayor Brownrigg stated that he gets the pressure to try to fill up the spot. He added that while he could get comfortable with allowing fitness studios on Burlingame Avenue, he wouldn’t be okay with fast food or banks. Councilmember Keighran asked if the commercial recreation would include entertainment uses like music venues. City Manager Goldman stated that it wasn’t something that came up at the Subcommittee but the Council can ask the Planning Commission to include entertainment in the study. Vice Mayor Colson stated that the Planning Commission should first look into the commercial recreation uses like fitness as there is immediate need, but could later look into entertainment. 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS a. VICE MAYOR COLSON’S COMMITTEE REPORT b. COUNCILMEMBER BEACH’S COMMITTEE REPORT 12. FUTURE AGENDA ITEMS There were no future agenda items. 13. ACKNOWLEDGEMENTS The agendas, packets, and meeting minutes for the Planning Commission, Traffic, Parking & Safety Commission, Beautification Commission, Parks and Recreation Commission and Library Board of Trustees are available online at www.burlingame.org. 14. ADJOURNMENT Mayor Brownrigg adjourned meeting at 11:04 p.m. 2 City Council Economic Development Subcommittee – Minutes August 17, 2018 Alternatively, the matter could be discussed in the October Subcommittee meeting involving landlords. CM Goldman suggested there may be a timing consideration and distinction between properties unoccupied and vacant for an extended period, versus projects where construction is imminent. She noted the paragraph in the San Mateo regulations describing maintenance requirements, and suggested those may be more important than fencing. Fencing may be less important if a vacant lot is otherwise clear of weeds and debris, but if the property owner chooses fencing to secure the property, the fencing should be good quality. CDD Gardiner noted that construction fencing could be specified as a condition of approval, and would not need to wait for an ordinance. The Subcommittee agreed with this approach. Decals for Available Commercial Spaces: Julie Taylor, Executive Vice President of Colliers International, joined the meeting. EDS Relihan introduced the item and noted that while the State provides guidance on the posting of real estate signs, it does not address marketing graphics such as window decals or appliques. He checked San Mateo and San Francisco regulations, and it does not appear either requires that the windows of vacant commercial spaces be covered in graphics. Stores with such graphics would most likely be the result of the brokers or property owners initiating the placement themselves. Taylor cautioned against obscuring storefronts, since the view out of the space towards the sidewalk can be important for marketing to prospective tenants. She emphasized the importance of being able to see the foot traffic, natural light, and co-tenancies from inside the space. A medium-ground would be vinyl banners across just the bottom of the storefront, but it is important to maintain views out of the space and allow natural light into the space. She mentioned an approach at the Salesforce Transit Center which engaged local artists to paint portions of the storefronts. The Subcommittee mentioned they want to dissuade storefronts from being obscured with butcher paper since they can become dilapidated, and noted the Charmelle 28 space on Burlingame Avenue is an example where graphics have been applied nicely. The Subcommittee suggested there may be a range of acceptable alternatives, including clean and maintained unobscured windows, decal graphics, or artwork. If the windows are unobstructed, the interior of the space should be clear and presentable. CM Goldman suggested this matter may be combined with the vacant property maintenance provisions discussed earlier, and that different options could be provided. Taylor suggested that obscured windows may be desired during active construction, but if the space is vacant and not under construction, the maintenance provisions would otherwise apply. Typically when construction is underway, trade dress-up will be applied. CDD Gardiner suggested initially these options could be presented as guidelines for property owners, as an interim measure rather than waiting to be codified in an ordinance. EDS Relihan agreed that it would present a positive message, and offered to have suggested guidelines to share with landlords in the October Subcommittee meeting. CM Goldman agreed with this approach, as it would be a collaborative effort with the property owners. Taylor suggested there be a handout or slides to show examples, and offered to share some examples. Burlingame Avenue Use Opportunities: Giselle Marie Hale of the Redwood City Planning Commission joined the meeting. 3 City Council Economic Development Subcommittee – Minutes August 17, 2018 Taylor mentioned that retail spaces are taking longer to lease. Retailers are typically taking smaller spaces than they used to lease. Onsite retail has become particularly hard for heavy goods, as customers will come to stores to browse but then order online so they can ship to home. Too many companies are contracting, not expanding. However, a presence of some stores is necessary to support online commerce, as seeing stores keep brands “top of mind” with customers. Taylor continued that the area of growth is “fitness and food.” There is a great deal of interest among tenants in being located near fitness and food, which is a change from past practices. Tenants get excited if they see an assortment of hot restaurants and a tenant like Soul Cycle or Rumble boxing, because they see energy and repeat visits. These uses generate more traffic on the street than retail alone. She encouraged broadening options, but cautioned against uses such as banks that offer limited foot traffic. Taylor also suggested uses such as WeWork for their potential to generate foot traffic, provided there is retail at the front such as a café. This could be useful for spaces on side streets, such as the former Anthropologie space. Day spas could also be good for side streets, but do not have the same volume of traffic as a recreational use. The Subcommittee suggested uses such as WeWork could be classified as a service rather than an office if it were available to be used by the public. Taylor noted that it can be expensive for owners to subdivide space, as they need to build demising walls, install HVAC systems, etc. This would require capital or credit, which can be challenging for some owners. Conversion to food uses can also be very expensive, and ideally food spaces would be square rather than narrow and deep. “L-around” configurations can work for dividing a space, but they require a strong tenant for the “L” portion because if that tenants leaves, it can be difficult to re-lease the space. The Subcommittee inquired how uses are regulated on Burlingame Avenue and downtown, and CDD Gardiner mentioned that uses are either “Permitted,” “Conditional” (requiring Planning Commission approval), or “Prohibited.” Allowing fitness uses on Burlingame Avenue would require amending the allowed uses, as currently Commercial Recreation is allowed on side streets with a Conditional Use Permit, but not on Burlingame Avenue itself. Taylor cautioned that if rules are changed, there should be thought on encouraging the type of uses that will generate foot traffic and be complementary to retail uses. A private Pilates studio, for example, will not create a lot of foot traffic. The Conditional Use Permit mechanism may be the best option for ensuring compatibility. There can be a requirement that there be merchandised space in the first 12 or 15 feet of the storefront. EDS Relihan mentioned that there are hybrid approaches that combine electronic displays with online ordering. Taylor mentioned that such pioneering concepts first go into San Francisco or somewhere like Santana Row, where there is significant foot traffic and co-tenancy. Some are test concepts. The Subcommittee inquired how a code amendment to allowed uses would be approached. As part of the General Plan Update and Zoning Ordinance Update, the zoning update should prioritize Burlingame Avenue and Broadway. CDD Gardiner noted that the timeframe for the zoning update is approximately one year beyond the General Plan adoption, but a more focused code amendment could be initiated by the City Council, or could be initiated by an applicant in conjunction with a permit application. The Subcommittee emphasized that Burlingame Avenue offers a “lifestyle.” Taylor suggested that people should be able to feel like they can get everything that they need. The Subcommittee mentioned that rising rents have created vacancies. Taylor said it c an be hard to readjust people’s expectations when the market is changing. Rents have rolled back, because they are 4 City Council Economic Development Subcommittee – Minutes August 17, 2018 directly tied to tenants’ sales volumes. A healthy ratio is 10% occupancy cost for retail (including pass through), 8% for restaurants. New tenants will want to factor their projections more conservatively, whereas a renewal may be able to be more aggressive than 10 percent. EDS Relihan noted that the Downtown Business Improvement District (DBID) has had challenges finding space for events. There have been logistical challenges with obtaining permission from Public Works. Taylor noted that farmers’ markets and food truck events can be effective at attracting people, but there may not be enough surrounding density to sustain some events. The Subcommittee members remarked on the conflict between people being opposed to increasing density and development downtown, but also lamenting the loss of retail. Taylor suggested that density can help fill the gap from online sales, and that the city-owned parking lots offer opportunities to add density. She suggested that in the development of parking lots, ground leases would be preferable for the City to retain the asset. Taylor emphasized that the process for applicants needs to be clear, and that prospective businesses are sensitive to barriers to entry. The formula retail conditional use permit process in San Francisco has resulted in vacancies, since retailers fear the risk and unpredictability. Retailers will pursue easier, more predictable alternatives. EDS Relihan noted that he has created materials to clarify the conditional use permit process for prospective applicants. He noted he has received inquiries to allow offices in basement spaces and suggested it should be considered. Subcommittee members inquired about the loss of sales taxes from retail changing to services. Taylor said the taxes captured locally by online sales that would have otherwise been collected in other jurisdictions needs to be factored. Giselle Marie Hale noted that Redwood City is getting increased density, but doesn’t have a retail base. Taylor suggested that new buildings need to be designed to accommodate a range of uses, including ventilation shafts and cooking infrastructure, and ceiling heights of 11 feet clear or higher. Spaces in new buildings are sometimes too deep or the ceilings are too low, and the developers do not finish the shells. It is better to have less retail space, but space that is leasable, rather than a large amount of retail space that is not configured correctly. The Subcommittee concluded that these issues will be further discussed in a retail summit next spring. Taylor suggested that the City invite district managers of the corporate stores, since they have a relationship with the community. She added that even in a healthy retail economy, filling vacancies can take some time because companies take time to make decisions; it can take a year or more for a retailer to make all the decisions to enter a market. PUBLIC COMMENTS There were no further public comments. FUTURE AGENDA ITEMS  Potential city tools and incentives for businesses attraction  Succession planning for businesses looking to sell ADJOURNMENT 5 City Council Economic Development Subcommittee – Minutes August 17, 2018 Meeting adjourned at 4:23 p.m. Respectfully submitted, Kevin Gardiner Community Development Director City Council Economic Development Subcommittee MINUTES Conference Room A City Hall, 501 Primrose Road – Burlingame, California Thursday, October 11, 2018 – 2:30 p.m. 1 ATTENDANCE Members Present: Council Member (CC) Beach and Vice Mayor (VM) Colson Members Absent: None Staff Present: City Manager (CM) Lisa Goldman, Parks and Recreation Director (PRD) Margaret Glomstad, Economic Development Specialist (EDS) Cleese Relihan, Finance Director (FD) Carol Augustine, and Community Development Director (CDD) Kevin Gardiner Members of the Public Present: Chris Blom, John Britton, Nick Delis, Stephanie Delis, Clark Funkhouser, Ryan Guibara, Ron Karp, Riyad Salma, Julie Taylor, Silvia Wong, and Vierra Wong DISCUSSION ITEMS Burlingame Avenue Downtown Zoning: EDS Relihan introduced the item. He said the interest originates from inquiries he and Planning staff have received for various businesses that would not be allowed under current zoning regulations. Given the changing nature of retail and commercial uses in downtown districts, it seemed appropriate to consider the range of uses desired for Burlingame Avenue and Broadway, and determine if amendments to the zoning regulations would be appropriate to accommodate uses that might not be allowed currently. Commercial property owners were invited to this meeting to provide input, including identifying potential tenants that may have inquired about leasing space that may or may not be able to be accommodated under current zoning. Vice Mayor Colson provided further introduction, noting that the vacancy of the large J. Crew space on Burlingame Avenue had been part of the impetus for the discussion. Retail consultant Julie Taylor had been invited to the August 17, 2018 Economic Development Subcommittee meeting to share her thoughts on the issue. Ms. Colson noted that there will be further conversations in the community on this topic in the coming year. She added that commercial recreation and co-working businesses have been suggested as new uses not currently allowed on Burlingame Avenue. Property owners in attendance had a number of observations and suggestions including:  Suggestion to review the Burlingame Avenue Commercial (BAC) zoning chapter to look at which uses are permitted and not permitted, and how those fit with the 21st century. The current zoning lists a number of outmoded uses such as variety stores, drug stores, and travel agencies.  The nature of banks has changed from decades ago; they should be allowed.  There has been interest in commercial recreation, but it is not allowed in the BAC zone.  There is a provision in the zoning that states that anything that is not listed is therefore prohibited. The property owners suggest changing this provision to allow more flexibility in the future.  Does not need to have three different types of food service uses. City Council Economic Development Subcommittee – Minutes October 11, 2018 2  Should consider the goal of Burlingame Avenue downtown retail and Broadway retail. The current regulations are very restrictive. Set a broad goal, a vision statement.  The “retail” use is really restrictive downtown, and what is allowed varies from block to block. Different retail criteria for different locations, zoning is disparate.  The CUP process does not work for leasing, creates risk for landlords. Needs a faster process for getting a decision. For example, staff-level review with a 48-hour turnaround, which could be appealed if there was disagreement with the decision.  Soul Cycle or other commercial recreation would be a good tenant for Burlingame Avenue. It brings a lot of energy, particularly with the right instructor. It is a better location than Howard Avenue.  There is still high demand for retail.  Could consider allowing office on the ground floor provided the first 15 or 20 feet is retail. Could have office space behind, accessed through a hallway.  Education uses bring foot traffic, and eating and shopping. Parents have to drop off kids and pick them up, and will shop and eat in the meantime.  There appears to be increased foot traffic on Burlingame Avenue at the lunch hour. There needs to be more eating establishments. Young people with disposable income are coming to Burlingame, and they want to eat, but want to get in and out quickly. Needs more flexibility for a wider spectrum in restaurants. Subcommittee members showed concern with the process to obtain permits and wanted to ensure they do not impose undue constraints on prospective businesses. Julie Taylor, Colliers International, provided comments on retail environments in general. She said that every category of retail property is trying to figure out how to replace the lost soft-good tenants. Shopping centers are replacing retail space with food; for example a Macy’s converted into an Eataly in Los Angeles. She suggested making the zoning as broad as possible to allow multiple types of uses. She said there should still be retail on the ground floor, but the City could expand the zoning to include fitness provided it has a retail component at the front. It is reasonable to tell a recreation use that it cannot obscure its windows, and must instead have an entry vestibule, perhaps with apparel, that is welcome and open during regular business hours. She also suggested co-working could be considered if it has a café presence at the front, particularly since co-working brings more businesspeople, which then brings better lunchtime traffic and cocktail hour traffic. On larger frontages, an option could be to have a significant portion of the frontage be occupied by retail, but have co-working occupy just 20 feet in front with a “throat entrance” leading to a larger space behind. However, she also suggested being cognizant that a single use such as co-working not dominate an entire block. She noted that the laws of supply and demand need to be recognized; some cities try to regulate the mix of uses through zoning, but it results in vacancies. The important consideration is how uses (whether they be commercial recreation or co-working) activate the window line, and how much window line do they have. Property owners provided further remarks:  It is a challenge to find a tenant for an old-style “bowling alley” storefront that is 35 feet in the front but extends 100 or 150 feet back.  Ability to pay higher rents varies by type of tenant, as well as position of a tenant in their category. For example, Salt & Straw can afford a $16,000 per month lease because it is a leader in the category, and can cover the lease cost with volume.  There is less demand for table service restaurants. City Council Economic Development Subcommittee – Minutes October 11, 2018 3 Ms. Taylor added that restaurants can have a hard time expanding in the Bay Area because they cannot hire enough employees. The employees cannot afford the cost of living, and the wages are higher. Counter service lowers labor costs. Subcommittee members inquired about providing housing downtown as a contributor to the commercial environment. There are plans for both market-rate and below-market units in Downtown Burlingame. However it can be hard to have conversations about housing in the community, given concerns over amount of building, parking, etc. The hope is that transit-oriented development can help the commercial environment. Property owner comments:  Development is helpful to the commercial environment. Restaurants need people during the day, as well as at night for dinner and happy hours.  There is a parking issue because there is so much demand from people to be Downtown. In that sense it is a “high class problem,” or otherwise an indicator of success. Parking should not be required for retail uses.  There needs to be speedier review of applications. It costs a lot of money to carry a project over time. Subcommittee members asked those in attendance about their perspectives on the future of brick-and- mortar retail. It is important to Downtown, and in particular with the post office project having a sizab le retail component. CDD Gardiner mentioned that the post office project proposes about 18,000 square feet of retail. Property owner comments:  18,000 square feet of new retail is a lot of space to support. There is a risk of too much retail; they believe it will be a detriment to the project. Ms. Taylor remarked that retail will survive, but only on the best blocks with the best architecture and streetscapes, and on the closest feeder streets. She cautioned against creating tertiary retail, where retail is required at the ground floor regardless of demand. The situation is compounded when floorplates are too large, ceilings are too low, spaces are too deep, and there are no provisions for venting. Attractive brownstones and stoops would be preferable to vacant storefronts. Property owner comments:  Office on the ground floor would also be preferable to vacant retail.  Bay Meadows has had a hard time leasing the retail space, despite all the new housing.  There is 300,000 square feet of office space in downtown Burlingame, which is a relatively small amount to support retail. Ms. Taylor mentioned that there are different types of offices. Some offices are very private and have a fortress quality, but others have more of a presence such as graphics firms, architects, medical, or co- working which allow engagement. If it has to be a private office, it can be situated behind a throat entrance with retail in the front. Property owner comments:  Office on the ground floor has been taboo in Burlingame since the “dotcom,” but office on the ground floor with the kinds of qualities being described would be desirable.  Could consider overnight hotels for animals, or doggie daycare.  There have been a lot of inquiries for commercial childcare. City Council Economic Development Subcommittee – Minutes October 11, 2018 4  Should not try to cherry-pick where the market is going. Will always be playing catchup. The City needs to think of the overarching goal, together with flexibility and predictability.  Needs reliable decision-making, focus on the administration of the goal.  The split between service and retail is not productive.  The smaller retail uses benefit from the big retailers bringing in foot traffic. However the small retailers are struggling; they are surviving by putting in their own labor. They cannot provide the same level of service as the big retailers, such as ease of exchanges. Subcommittee members asked for examples of communities that have done a good job of revising regulations. Property owner comments:  San Mateo tried to regulate ground floor office during the “dotcom.” This has been revisited; a property owner believes the requirement is now retail in the first 60 feet, and a percentage of the windowline frontage.  Office on the ground floor still involves people walking.  Ancillary streets such as California Drive are not going to be able to attract retailers. Ms. Taylor mentioned that childcare is a good use since it brings a parent twice a day. It creates repeat traffic that merchants can build upon. She also mentioned that Walnut Creek has created a real downtown with verticality, and residential is in very high demand. People downsize from their large homes and move to Downtown Walnut Creek to be near services. She suggests that Burlingame redevelop some of its parking lots with residential or office, noting that density sustains retail. She also remarked that parking garages are likely to be converted to something else as demand for parking decreases. Property owner comments:  The City needs to reduce parking requirements for residential development.  The hotel parking reduction is an example of allowing something other than unused parking.  Parking will be repurposed over time.  Retailers will always ask for more parking, but that should not drive decisions.  Parking is expensive to build. Does not make sense when it is right next to the train station.  Would not suggest limiting the number of commercial recreation uses. The prior experience with limiting the number of restaurants to 36 allowed a few property owners to control what the restaurant rates were.  There needs to be predictability in the planning approval process.  Water and sewer add to costs, particularly if the tenant is paying for them. CM Goldman asked CDD Gardiner to describe how the zoning ordinance update follows the update of the General Plan. Gardiner commented that the General Plan sets the policy direction and goals, and that the zoning provides the regulations that establish what is allowed and what is not. It will be a complete rewrite of the zoning code, not just tinkering. The new code can have more flexibility as is being discussed. There may also be options for a permit that is less involved than a Conditional Use Permit. It is also an opportunity to revise procedures as well as regulations. CDD Gardiner also said there are nearer-term options to make more limited changes to the existing code, such as adding commercial recreation as an allowed use in the Burlingame Avenue Commercial district. CM Goldman suggested the nearer-term items could be presented to the full City Council to provide direction as a work item. City Council Economic Development Subcommittee – Minutes October 11, 2018 5 Property owner comments:  Changing the definition of retail may be a faster fix than some of the other concepts being discussed. If things like co-working can be made to fit within current definitions, the City may not be so far behind the curve with these changing types of businesses. CM Goldman suggested to the group that if they have thoughts on what types of changes to make to the definitions, they can be submitted to staff. Staff will then convey the suggestions to the City Council. Subcommittee members mentioned that next spring, there will be a “retail summit” to discuss these issues with the larger community. The subcommittee wanted to talk with property owners in this meeting beforehand to hear their perspectives. The thinking is to follow the “Burlingame Talks Together” format that was utilized for the housing discussions earlier this year. The public, retailers, and property owners will all be invited. Draft Checklist on “How to Maintain Vacant Commercial Spaces” EDS Relihan discussed examples he has collected showing different ways to present and market vacant commercial spaces. The emphasis is on presenting the spaces in a manner that appeals to potential tenants, and is attractive to the surrounding commercial district. EDS Relihan has compiled a list of suggestions to property owners that are intended to help improve the appearance of vacant spaces. They are general strategies to improve the positive “curb appeal” of a property for prospective tenants. CM Goldman said some of the vacant properties on Burlingame Avenue and Broadway are presented well, but others are presented very poorly. Properties are difficult to market when presented poorly, and in turn reflect badly on adjacent properties. The City wants to provide some “helpful hints” for maintaining a property while they are looking for their next tenant. Property owner comments:  Delays in permitting hinder investment in better construction materials. The longer the permitting takes, the fewer resources are available for making improvements. This is particularly difficult for smaller “mom and pop” businesses wanting to come in.  There needs to be collective garbage facilities in the parking lots. It is difficult for the individual older buildings to have room for the bins on their own properties. San Carlos has done a great job with creating shared trash areas that the tenants and landlords pay for.  Appreciates that staff and the City Council are listening to property owners nowadays and engaging in constructive conversations. PUBLIC COMMENTS There were no further public comments. FUTURE AGENDA ITEMS There were no future agenda topics suggested. ADJOURNMENT Meeting adjourned at 4:03 p.m. City Council Economic Development Subcommittee – Minutes October 11, 2018 6 Respectfully submitted, Kevin Gardiner Community Development Director BURLINGAME CITY HALL 501 PRIMROSE ROAD BURLINGAME, CA 94010 City of Burlingame Meeting Minutes Planning Commission 7:00 PM Council ChambersMonday, February 25, 2019 a.Consideration of an Amendment to Title 25 of the Burlingame Municipal Code, the Zoning Code, to allow commercial recreation as a Conditional Use in the Burlingame Avenue Commercial (BAC) zone within Downtown Burlingame. Staff Contact: Ruben Hurin Planning Manager Hurin provided an overview of the staff report. Questions of staff: >Was there any discussion at the economic development subcommittee level in regards to hours of operation or would that be considered on a case -by-case basis as part of a conditional use permit application? (Hurin: That level of detail was not part of the discussion, however conditions of approval may be added as part of the conditional use permit application.) >Hours of operation for particular businesses could be of concern, such as fitness businesses operating in the early morning hours. (Hurin: Commercial recreation includes a variety of uses . Subcommittee focused on fitness uses, which could create concerns regarding noise; however these concerns could be addressed with conditions of approval limiting the hours of operation.) >What types of uses does commercial recreation include? (Hurin: In general, it includes athletic and fitness centers, gyms, art and dance studios, martial arts studios, bowling alleys, billiard halls, performance theaters, and activity /play centers for children and adults. Staff would evaluate a proposal and determine if it qualifies as a commercial recreation use.) >In the subcommittee meeting minutes, property owners made observations and suggestions including a minimum depth requirement for active retail at the front of the space. How was the 15-foot dimension determined? (Hurin: Staff discussed the different businesses that are interested in opening in Burlingame, felt that 15 feet was an appropriate dimension to provide an active use so that it is visible from the street and to provide enough room for retail display or lounge /reception area. If the dimension is too short, then it will become left over space and not be used well. If the active space is too deep, the tenant may be concerned that it takes away from their primary business activity.) Chair Gaul opened the public hearing. Public Comments: There were no public comments. Chair Gaul closed the public hearing. Commission Discussion: >Conditional use permit process provides the level of protection in case an application presents possible negative impacts. Have no objections to the proposed ordinance. >At City Council and subcommittee levels, the issue has been vetted and discussed in regards to the changing face of retail, and the need to open ourselves up in terms of what types of uses are going to continue to make our downtown vibrant. We have to think about how downtowns are going to remain alive with e-commerce. Commercial recreation uses will continue to bring people downtown; don't see a reason not to allow it. Page 1City of Burlingame Printed on 4/1/2019 February 25, 2019Planning Commission Meeting Minutes >15-foot buffer is potential retail area, so will add to the retail feel on Burlingame Avenue. In support of proposed change. Commissioner Terrones made a motion, seconded by Commissioner Gaul, to recommend to the City Council that the ordinance and resolution be approved as proposed. The motion carried by the following vote: Aye:Loftis, Kelly, Comaroto, Gaul, Terrones, and Tse6 - Absent:Sargent1 - Page 2City of Burlingame Printed on 4/1/2019 5.0 Design & Character 5- 5.2.3.2 Windows General Windows are important for providing "eyes on the street" and enliven- ing streetscapes. Building walls should be punctuated by well-propor- tioned openings that provide relief, detail and variation on the façade. Windows should be inset from the building wall to create shade and shadow detail. The use of high-quality window products that contrib- ute to the richness and detail of the façade is encouraged. Reflective glass is considered an undesirable material because of its tendency to create uncomfortable glare conditions and a forbidding appearance. The use of materials that are reflected in the historic architecture pres- ent in the Downtown area is encouraged. Display Windows Display windows should be designed to enliven the street and provide pedestrian views into the interior of the storefront. Size, division and shape of display windows should maintain the established rhythm of the streetscape. Glass used in the display windows should be clear so it is possible to see inside, and display cases that block views into stores are strongly discouraged. Noticably tinted glazing is discouraged and mirrored/reflective glass is not permitted. 5.2.3.3 Awnings Awnings should be designed to be decorative, complimentary to the overall facade design, and provide effective weather and sun protec- tion. The placement of awnings should relate to the major architec- tural elements of the facade, avoiding covering any transom windows or architectural elements such as belt courses, decorative trim and simi- lar features. The position of awnings should also relate to the pedes- trian and provide a sense of shelter, with awnings situated to corre- spond to the tops of doorways and scale of pedestrians rather than high up on the facade with a monumental scale. Separate awnings should be used over individual storefront bays as defined by the col- umns or pilasters rather than placing a continuous awning across the FIGURE 5-15: Awnings should be designed to be decorative, complimentary to the overall facade design, and provide effective weather and sun protection. FIGURE 5-14: Size, division and shape of display windows should maintain the established rhythm of the streetscape NOTICE OF PUBLIC HEARING The CITY OF BURLINGAME CITY COUNCIL will hold a public hearing to consider amendments to Title 25 of the Burlingame Municipal Code, the Zoning Ordinance, to allow commercial recreation as a conditional use in the Burlingame Avenue Commercial (BAC) zone within Downtown Burlingame. The City Council will review the proposed amendments to Sections 25.32.030 and 25.70.090 of the Municipal Code. The hearing will be held on Monday, June 3, 2019 at 7:00 p.m. in the City Hall Council Chambers at 501 Primrose Road, Burlingame, California. The staff report for this item and copies of the proposed amendments may be reviewed prior to the meeting at the Community Development Department, Planning Division, Burlingame City Hall, 501 Primrose Road, Burlingame; and on the City's website at www.burlingame.org. For additional information please call the Planning Division at (650) 558-7250. To be published by Friday, May 24, 2019 1 STAFF REPORT AGENDA NO: 10a MEETING DATE: June 3, 2019 To: Honorable Mayor and City Council Date: June 3, 2019 From: Carol Augustine, Finance Director – (650) 558-7222 Subject: Approval of Revisions to Investment Policy for Fiscal Year 2019-20 RECOMMENDATION Staff recommends that the City Council approve the revised Investment Policy for the City of Burlingame. BACKGROUND The investment of funds by a California local agency, including the types of securities in which an agency may invest, is governed by the California Government Code. The law requires that the legislative body of each agency adopt an investment policy, which may add further limitations than those established by the State. In addition, an agency’s investment policy must be reviewed annually, and any changes must be adopted at a public meeting. Finance staff and the City’s investment advisors, PFM Asset Management (PFM), review the City’s Investment Policy on an annual basis. The policy was last reviewed by the City Council on June 18, 2018, for use in the current fiscal year. At that time, small wording changes were made to the “Acceptable Investment Instruments” section of the policy to clarify that municipal issuers were also subject to the 5% per issuer limitation. DISCUSSION PFM completed their annual review of the City of Burlingame’s Investment Policy and found it to be very comprehensive and in compliance with the sections of the California Government Code that govern the investment of public funds by general law cities. PFM did recommend another small clarification this year, as per their memo attached to this staff report. The recommended language related to asset-backed securities (ABS) clarifies the various requirements for inclusion of these securities in the City’s portfolio. The incorporation of this revised language will not necessitate any changes to the way the portfolio is currently being managed, as it merely confirms the way this section of the code was already being interpreted. FISCAL IMPACT The recommended change to the City of Burlingame’s Investment Policy will not necessitate any change to the City’s current portfolio composition. As revised, the Investment Policy continues to Investment Policy Revisions, 2019-20 June 3 2019 2 support the City’s overall investment strategy, providing a portfolio that is safe, diversified, and has lower volatility than comparable market benchmarks. Exhibits: • Memo from PFM re: 2019 Investment Policy Review • Investment Policy (redlined) • Investment Policy (proposed) May 13, 2019 Memorandum To: Carol Augustine, Finance Director City of Burlingame From: Lesley Murphy, Senior Managing Consultant PFM Asset Management LLC Re: 2019 Investment Policy Review We have completed our annual review of the Investment Policy (the “Policy”) for the City of Burlingame (the “City”). As written, the Policy is very comprehensive and is in compliance with the sections of the California Government Code (the “Code”) that govern the investment of public funds. We are recommending a minor change to the Policy to reflect a recent clarification made to the Code language related to asset-backed securities (ABS). Our recommended changes are detailed below, and we have also provided a redlined copy of the Policy for your review. Asset-backed Securities (ABS) We recommend that the City revise the language in this section to reflect a recent clarification to Code language. We also note that this clarification does not necessitate a change to the investment procedures already in place for the management of the City’s portfolio. Background: Assembly Bill No. 1770 (AB 1770), effective January 1, 2019, revises California Government Code section 53601(o) to clarify requirements for the purchase of asset-backed securities (ABS) in two respects: 1.First, the maturity limit language was clarified to reflect how many investors already interpret this section: that they may purchase securities with a maximum remaining maturity of five years or less. 2.Second, the bill eliminates the requirement that the issuer of these securities be rated “A” (or its equivalent) or better, as provided by a nationally recognized statistical rating organization (NRSRO). The Code still requires that the specific security be rated “AA” (or its equivalent) or better, as provided by an NRSRO. Analysis: We see these revisions as a matter of clarification for ABS investors. We believe the removal of the issuer rating criteria is appropriate since this requirement generally has no relevance to the issuers of ABS, which are organized as trusts and do not have 1 standalone ratings. The minimum AA issue rating remains, which is an important risk management criteria. We look forward to further discussing our recommendations with you. Please feel free to contact us at your convenience. 2 Page 1 of 13 CITY OF BURLINGAME, CA STATEMENT OF INVESTMENT POLICY June 2019 PURPOSE This statement contains guidelines for the prudent investment of the City's temporarily idle cash in accordance with Government Code sections 53600, et. seq. The ultimate goal of the City’s Investment Policy is to protect the City's pooled cash while producing a reasonable rate of return on investments. SCOPE The Investment Policy applies to all funds and investment activities of the City except the investment of bond proceeds, which are governed by the appropriate bond documents, and any pension or other post-employment benefit funds held in a trust. PRUDENCE The standard of prudence to be used by investment officials will be the “prudent investor” standard, which states that, “when investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency.” OBJECTIVES The primary objectives, in priority order, of the investment activities of the City are: 1. SAFETY – Safety of principal is the foremost objective of the City of Burlingame. 2. LIQUIDITY – The City’s portfolio will remain sufficiently liquid to enable the City to meet its cash flow requirements. It is important that the portfolio contain investments which provide the ability of being easily sold at any time with minimal risk of loss of principal or interest. Page 2 of 13 3. RETURN – The City’s portfolio will be designed to attain a market rate of return through economic cycles consistent with the constraints imposed by its safety objective and cash flow considerations. DELEGATION OF INVESTMENT AUTHORITY Pursuant to Burlingame Municipal Code Section 3.13.040 and Government Code Section 53607, the Finance Director/Treasurer is authorized to invest and reinvest money of the City, to sell or exchange securities so purchased, and to deposit such securities for safekeeping in accordance with and subject to this investment policy. The City may engage the support services of outside investment advisors in regard to its investment program, so long as these services are likely to produce a net financial advantage or necessary financial protection of the City’s financial resources. INVESTMENT PROCEDURES The Finance Director/Treasurer will establish investment procedures for the operation of the City’s investment program. ETHICS AND CONFLICTS OF INTEREST Officers and employees involved in the investment process will refrain from personal business activities that could conflict with proper execution of the investment program, or which could impair their ability to make impartial decisions. AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS The Finance Director/Treasurer will maintain a list of financial dealers and institutions qualified and authorized to transact business with the City. The purchase by the City of any investment other than those purchased directly from the issuer, will be purchased either from an institution licensed by the State as a broker- dealer, as defined in Section 25004 of the Corporations Code, which is a member of the Financial Industry Regulatory Authority (FINRA), or a member of a federally regulated securities exchange, a national or state chartered bank, a federal or state association (as defined by Section 5102 of the Financial Code), or a brokerage firm designated as a Primary Government Dealer by the Federal Reserve Bank. The Finance Director/Treasurer will investigate all institutions that wish to do business with the City to determine if they are adequately capitalized, make markets in securities appropriate for the City’s needs, and agree to abide by the conditions set forth in the City of Burlingame’s Investment Policy and any other guidelines that may be provided. This will be done annually by having the financial institutions: Page 3 of 13 1. Provide written notification that they have read, and will abide by, the City’s Investment Policy. 2. Submit their most recent audited Financial Statement within 120 days of the institution’s fiscal year end. If the City has an investment advisor, the investment advisor may use its own list of authorized broker-dealers to conduct transactions on behalf of the City. Purchase and sale of securities will be made on the basis of competitive bids and offers with a minimum of three quotes being obtained, when practicable. ACCEPTABLE INVESTMENT INSTRUMENTS Where this section specifies a percentage limitation for a particular security type or issuer, that percentage is applicable only on the date of purchase and shall be calculated on the basis of market value. Credit criteria listed in this section refers to the credit rating at the time the security is purchased. If an investment’s credit rating falls below the minimum rating required at the time of purchase, the Finance Director/Treasurer or his/her designee will perform a timely review and decide whether to sell or hold the investment. The City will limit investments in any one non-government or municipal issuer, except investment pools and money market funds, to no more than 5% regardless of security type. Acceptable investments authorized for purchase by the Finance Director/Treasurer are: 1. U.S. Treasury obligations for which the full faith and credit of the United States are pledged for the payment of principal and interest. 2. Federal agency or United States government-sponsored enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government-sponsored enterprises. 3. Obligations of the State of California or any local agency within the state, including bonds payable solely out of revenues from a revenue producing property owned, controlled or operated by the state or any local agency, or by a department, board, agency or authority of the state or any local agency that is rated in a rating category of “A” or its equivalent or better by a nationally recognized statistical-rating organization (NRSRO). Purchases of the obligations described in this subdivision and in subdivision 4 (registered treasury notes or bonds of any of the other 49 states in addition to California) collectively may not exceed 30% of the City’s portfolio. 4. Registered treasury notes or bonds of any of the other 49 states in addition to California, including bonds payable solely out of the revenues from a revenue- Page 4 of 13 producing property owned, controlled, or operated by a state, or by a department, board, agency, or authority of any of these states that is rated in a rating category of “A” or its equivalent or better by an NRSRO. Purchases of the obligations described in this subdivision and in subdivision 3 (obligations of the State of California or any local agency within the state) collectively may not exceed 30% of the City’s portfolio. 5. Bankers’ Acceptances with a rating of the highest ranking or highest letter and number rating as provided for by an NRSRO. Purchases of bankers’ acceptances may not exceed 180 days. No more than 40% of the City’s portfolio may be invested in bankers’ acceptances. 6. Commercial Paper of “prime” quality of the highest ranking or of the highest letter and number rating as provided for by a NRSRO. The entity that issues the commercial paper must meet all of the following conditions in either paragraph a or paragraph b: a. The entity meets the following criteria: (i) is organized and operating in the United States as a general corporation, (ii) has total assets in excess of five hundred million dollars ($500,000,000), and (iii) has debt other than commercial paper, if any, that is rated in a rating category of “A” or its equivalent or higher by an NRSRO. b. The entity meets the following criteria: (i) is organized within the United States as a special purpose corporation, trust, or limited liability company, (ii) has program-wide credit enhancements including, but not limited to, over collateralization, letters of credit, or surety bond, and (iii) has commercial paper that is rated “A-1” or higher, or the equivalent, by an NRSRO. Eligible commercial paper will have a maximum maturity of 270 days or less. No more than 25% of the City’s portfolio may be invested in commercial paper. The City may purchase no more than 10% of the outstanding commercial paper of any single issuer. 7. Negotiable Certificates of Deposit issued by a nationally or state-chartered bank, a savings association or a federal association (as defined by Section 5102 of the Financial Code), a state or federal credit union, or by a federally- or state-licensed branch of a foreign bank. Eligible negotiable certificates of deposit (negotiable CDs) shall be rated in a rating category of “A” for long-term, “A-1” for short-term, their equivalents, or better by an NRSRO. No more than 30% of the City’s portfolio may be invested in negotiable CDs. 8. Non-negotiable Certificates of Deposit (time CDs) in a state or national bank, savings association or federal association, or federal or state credit union with a branch in the State of California. In accordance with California Government Code Section 53635.2, to be eligible to receive City deposits, a financial institution will have received an overall rating of not less than “satisfactory” in its most recent evaluation by the appropriate federal financial supervisory agency of its record of meeting the credit needs of California’s communities. Time CDs are required to be collateralized as specified under Government Code Section 53630 et seq. The City, at its discretion, may waive the collateralization requirements for any portion that is covered by federal Page 5 of 13 deposit insurance. The City will have a signed agreement with any depository accepting City funds per Government Code Section 53649. No deposits will be made at any time in time CDs issued by a state or federal credit union if a member of the City Council or the Finance Director/Treasurer serves on the board of directors or any committee appointed by the board of directors of the credit union. In accordance with Government Code Section 53638, any deposit will not exceed that total shareholder’s equity of any depository bank, nor will the deposit exceed the total net worth of any institution. 9. Medium-Term Notes issued by corporations organized and operating within the United States or by depository institutions licensed by the U.S. or any state and operating within the U.S. Medium-term corporate notes will be rated in a rating category “A” or its equivalent or better by a NRSRO. No more than 30% of the City’s portfolio may be invested in medium-term notes. 10. Demand Deposits 11. Passbook Savings Accounts 12. Shares of beneficial interest issued by diversified management companies that are money market funds registered with the Securities and Exchange Commission under the Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1, et seq.). To be eligible for investment, money market funds must be managed with the goal of maintaining a stable net asset value (NAV) per share of $1.00. Further, to be eligible for investment pursuant to this subdivision these companies (money market funds) will either: (i) attain the highest ranking or the highest letter and numerical rating provided by at least two NRSROs or (ii) have retained an investment advisor registered or exempt from registration with the Securities and Exchange Commission with not less than five years of experience managing money market mutual funds and with assets under management in excess of $500,000,000. It is possible that a money market fund that is managed with the goal of maintaining a stable NAV per share of $1.00 may be unable to maintain an NAV of $1.00 per share due to market conditions or other factors. In such instances, the Finance Director/Treasurer or his/her designee will perform a timely review and decide whether to sell or hold the fund(s), subject to any restraints imposed by the money market fund(s). No more than 20% of the City’s investment portfolio may be invested in money market funds. Further, no more than 10% of the City’s investment portfolio may be invested in any one money market fund. 13. Mortgage passthrough security, collateralized mortgage obligation, mortgage- backed or other pay-through bond, equipment lease-backed certificate, consumer receivable passthrough certificate, or consumer receivable-backed Page 6 of 13 bond. Securities eligible for investment under this subdivision shall be rated in a rating category of "AA" or its equivalent or better by an NRSRO and have a maximum remaining maturity of five years or less. Purchase of securities authorized by this subdivision may not exceed 20% percent of the City's investment portfolio. 14. Repurchase Agreements. Repurchase Agreements shall be used solely as short- term investments not to exceed 30 days. a. The City will enter into repurchase agreements only with primary government securities dealers as designated by the Federal Reserve Bank of New York. Repurchase agreements shall be governed by a SIFMA Master Repurchase Agreement. All securities underlying repurchase agreements shall be delivered to the City’s custodian bank, or be handled under a properly executed “tri-party” custodial arrangement. Collateral for repurchase agreements is restricted to U.S. Treasury issues or Federal Agency issues. b. The underlying collateral must be at least 102% of the repurchase agreement amount. If the value of securities held as collateral slips below 102% of the value of the cash transferred, then additional cash or acceptable securities must be delivered to the third party custodian. Market value shall be recalculated each time there is a substitution of collateral. For repurchase agreements with terms to maturity of greater than three days, the value of the collateral securities shall be marked to market weekly by the custodian, and, if additional collateral is required, then that collateral must be delivered within two business days. If a collateral deficiency is not corrected within two days, the collateral securities will be liquidated. c. A perfected first security interest in the collateral securities, under the Uniform Commercial Code, shall be created for the benefit of the City. Collateral securities shall be held free and clear of any lien and shall be held by an independent third party acting solely as an agent for the City, and such third party shall be (i) a Federal Reserve Bank, or (ii) a bank which is a member of the Federal Deposit Insurance Corporation and which has combined capital, surplus, and undivided profits of not less than $50 million. 15. Local Agency Investment Fund (State Pool) an investment pool run by the State Treasurer. The City can invest up to the maximum amount permitted by the State Treasurer. 16. County Investment Fund (San Mateo County Pool) 17. Shares of beneficial interest issued by a joint powers authority (Local Government Investment Pools or “Pool”) organized pursuant to Government Code Section 6509.7 that invests in the securities and obligations authorized in subdivisions (a) to (q) of California Government Code Section 53601, inclusive. Each share will represent an equal proportional interest in the underlying pool of securities owned by the joint powers authority. The Pool will be rated in a rating category “AAA” or its equivalent by a NRSRO. To be eligible under this section, the shares will maintain a Page 7 of 13 stable net asset value (NAV) and the joint powers authority issuing the shares will have retained an investment adviser that meets all of the following criteria: a. The adviser is registered or exempt from registration with the Securities and Exchange Commission. b. The adviser has not less than five years of experience investing in the securities and obligations authorized in subdivisions (a) to (q) Government Code Section 53601, inclusive. c. The adviser has assets under management in excess of five hundred million dollars ($500,000,000). 18. Guaranteed Investment Contracts (collateralized with Government Securities, physically delivered to an acceptable safekeeping account.) 19. Supranationals which are United States dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development (IBRD), International Finance Corporation (IFC), or Inter-American Development Bank (IADB), with a maximum remaining maturity of five years or less, and eligible for purchase and sale within the United States. Investments under this subdivision shall be rated in a rating category of "AA" or its equivalent or better by at least one NRSRO. No more than 30% of the City’s investment portfolio may be invested in supranationals. RESTRICTION ON INVESTMENT POLICIES AND CITY CONSTRAINTS Section 53600 et. seq. of the State of California Government Code outlines the collateral requirements for certain types of investments and also limits the percentage of total investments which can be placed in certain classifications. Investments must meet the time schedules as indicated by the cash flow projections of the City. Investments will be purchased with the intent to hold until maturity, however this will not preclude the sale of securities prior to maturity in order to reposition the portfolio’s duration, credit quality, or enhance the rate of return. INVESTMENT POOLS The State pool and San Mateo County Pool invests in additional Government Code authorized investments that are not approved for direct purchase by the Finance Director/Treasurer. These pools shall provide a current investment policy and monthly reports for review by the Finance Director/Treasurer. The Finance Director/Treasurer is authorized to invest in these pools provided they reasonably appear to be in conformance with their investment policies. MATURITY LIMIT Page 8 of 13 State law requires that the maturity of any given instrument should not exceed five years unless specifically approved by City Council at least three months before the investment is made. INTERNAL CONTROL The Finance Director/Treasurer is responsible for establishing and maintaining an internal control structure designed to provide reasonable assurance that the assets of the City are protected from loss, theft or misuse. The City Manager or designee shall arrange for an annual audit by an external CPA firm in compliance with the requirements of state law and generally accepted accounting principles as pronounced by the GASB (Governmental Accounting Standards Board.) As part of the audit, investment transactions will be tested. The annual audit will be an integral part, but not the sole part, of management’s program of monitoring internal controls. CUSTODY OF SECURITIES All securities owned by the City, except time deposits and securities used as collateral for repurchase agreements, will be kept in safekeeping by a third-party bank’s trust department, acting as an agent for the City under the terms of a custody agreement executed by the bank and the City. All securities will be received and delivered using standard delivery versus payment procedures. PERFORMANCE STANDARDS The City’s portfolio shall be structured to achieve a market-average rate of return through various economic cycles, commensurate with the investment risk constraints and the cash flow needs. The benchmark for “market-average rate” shall be the rate of return of an appropriate market-based index which has a duration similar to that of the the City’s portfolio, against which portfolio performance shall be compared on a regular basis. Currently, the benchmark used for comparison purposes is the Bank of America Merrill Lynch 1-5 year U.S. Treasury index. REPORTING The Finance Director/Treasurer will provide a quarterly investment report to the City Council showing all transactions, type of investment, issuer, purchase date, maturity date, purchase price, yield to maturity, and current market value for all securities. Page 9 of 13 POLICY REVIEW This Investment Policy will be reviewed at least annually to ensure its consistency with: 1. The California Government Code sections that regulate the investment and reporting of public funds. 2. The overall objectives of preservation of principal, sufficient liquidity, and a market return. Approved by City Council on ____________ _________________________ Donna Colson, Mayor _________________________ Lisa Goldman City Manager _________________________ Carol Augustine Finance Director/Treasurer ATTEST: _____________________ Meaghan Hassel-Shearer City Clerk Page 10 of 13 Glossary Asset Backed Securities (ABS) are securities backed by loans or receivables on assets other than real estate. ABS can be secured by a variety of assets including, but not limited to credit card receivables, auto loans, and home equity loans. Bankers’ Acceptances are short-term credit arrangements to enable businesses to obtain funds to finance commercial transactions. They are time drafts drawn on a bank by an exporter or importer to obtain funds to pay for specific merchandise. By its acceptance, the bank becomes primarily liable for the payment of the draft at maturity. An acceptance is a high-grade negotiable instrument. Broker-Dealer is a person or a firm who can act as a broker or a dealer depending on the transaction. A broker brings buyers and sellers together for a commission. They do not take a position. A dealer acts as a principal in all transactions, buying and selling for his own account. Certificates Of Deposit 1. Negotiable Certificates of Deposit are large-denomination CDs. They are issued at face value and typically pay interest at maturity, if maturing in less than 12 months. CDs that mature beyond this range pay interest semi-annually. Negotiable CDs are issued by U.S. banks (domestic CDs), U.S. branches of foreign banks (Yankee CDs), and thrifts. There is an active secondary market for negotiable domestic and Yankee CDs. However, the negotiable thrift CD secondary market is limited. Yields on CDs exceed those on U.S. treasuries and agencies of similar maturities. This higher yield compensates the investor for accepting the risk of reduced liquidity and the risk that the issuing bank might fail. State law does not require the collateralization of negotiable CDs. 2. Non-negotiable Certificates of Deposit are time deposits with financial institutions that earn interest at a specified rate for a specified term. Liquidation of the CD prior to maturity incurs a penalty. There is no secondary market for these instruments, therefore, they are not liquid. They are classified as public deposits, and financial institutions are required to collateralize them. Collateral may be waived for the portion of the deposits that are covered by FDIC insurance. Collateral refers to securities, evidence of deposits, or other property that a borrower pledges to secure repayment of a loan. It also refers to securities pledged by a bank to secure deposits. In California, repurchase agreements, reverse repurchase agreements, and public deposits must be collateralized. Commercial Paper is a short term, unsecured, promissory note issued by a corporation to raise working capital. Page 11 of 13 Demand Deposits are funds held that can be withdrawn at anytime without advance notice to the institution holding the funds. Duration is a measure of the sensitivity of the price of a security or a portfolio of securities to a change in interest rates, typically stated in years. Federal Agency Obligations are issued by U.S. Government Agencies or Government Sponsored Enterprises (GSE). Although they were created or sponsored by the U.S. Government, most Agencies and GSEs are not guaranteed by the United States Government. Examples of these securities are notes, bonds, bills and discount notes issued by Fannie Mae (FNMA), Freddie Mac (FHLMC), the Federal Home Loan Bank system (FHLB), and Federal Farm Credit Bank (FFCB). The Agency market is a very large and liquid market, with billions traded every day. Guaranteed Investment Contracts (GIC) are contracts that guarantee principle repayment after a certain period of time along with a predetermined interest rate. Issuer means any corporation, governmental unit, or financial institution that borrows money through the sale of securities. Liquidity refers to the ease and speed with which an asset can be converted into cash without loss of value. In the money market, a security is said to be liquid if the difference between the bid and asked prices is narrow and reasonably sized trades can be done at those quotes. Local Agency Investment Fund (LAIF) is a special fund in the State Treasury that local agencies may use to deposit funds for investment. There is no minimum investment period and the minimum transaction is $5,000, in multiples of $1,000 above that, with a maximum of $65 million for any California public agency. It offers high liquidity because deposits can be converted to cash in twenty-four hours and no interest is lost. All interest is distributed to those agencies participating on a proportionate share determined by the amounts deposited and the length of time they are deposited. Interest is paid quarterly via direct deposit to the agency’s LAIF account. The State keeps an amount for reasonable costs of making the investments, not to exceed one-quarter of one per cent of the earnings. Local Government Investment Pools (LGIP) are investment tools similar to money market funds that allow public entities to invest funds. Market Value is the price at which a security is trading and could presumably be purchased or sold. Maturity is the date upon which the principal or stated value of an investment becomes due and payable. Page 12 of 13 Medium-Term Notes are debt obligations issued by corporations and banks, usually in the form of unsecured promissory notes. These are negotiable instruments that can be bought and sold in a large and active secondary market. For the purposes of California Government Code, the term “Medium Term” refers to a maximum remaining maturity of five years or less. They can be issued with fixed or floating-rate coupons, and with or without early call features, although the vast majority are fixed-rate and non-callable. Corporate notes have greater risk than Treasuries or Agencies because they rely on the ability of the issuer to make payment of principal and interest. Money Market Fund is a type of investment comprising a variety of short-term securities with high quality and high liquidity. The fund provides interest to shareholders. Eligible money market funds must strive to maintain a stable net asset value (NAV) of $1 per share. Mortgage Backed Securities (MBS) or Mortgage Passthrough Securities are securities that are backed cash flows from an underlying pool of mortgages. Principal describes the original cost of a security. It represents the amount of capital or money that the investor pays for the investment. Repurchase Agreements are short-term investment transactions. Banks buy temporarily idle funds from a customer by selling him U.S. Government or other securities with a contractual agreement to repurchase the same securities on a future date at an agreed upon interest rate. Repurchase Agreements are typically for one to ten days in maturity. The customer receives interest from the bank. The interest rate reflects both the prevailing demand for Federal Funds and the maturity of the Repo. Repurchase Agreements must be collateralized. Supranational Entities are formed by two or more central governments with the purpose of promoting economic development for the member countries. Supranational institutions finance their activities by issuing debt, such as supranational bonds. Examples of supranational institutions include the European Investment Bank and the World Bank. Similarly to the government bonds, the bonds issued by these institutions are considered direct obligations of the issuing nations and have a high credit rating. Total Return is the performance of a portfolio including interest income and any capital appreciation or depreciation as a result of interest rate movements. U.S. Treasury Issues are direct obligations of the United States Government. They are highly liquid and are considered the safest investment security. U.S. Treasury issues include: 1. Treasury Bills which are non-interest-bearing discount securities issued by the U.S. Treasury to finance the national debt. Bills are currently issued in one, three, six, and twelve month maturities. 2. Treasury Notes that have original maturities of one to ten years. Page 13 of 13 3. Treasury Bonds that have original maturities of greater than 10 years. Yield to Maturity is the rate of income return on an investment, minus any premium above par or plus any discount with the adjustment spread over the period from the date of the purchase to the date of maturity of the bond. Page 1 of 13 CITY OF BURLINGAME, CA STATEMENT OF INVESTMENT POLICY June 20198 PURPOSE This statement contains guidelines for the prudent investment of the City's temporarily idle cash in accordance with Government Code sections 53600, et. seq. The ultimate goal of the City’s Investment Policy is to protect the City's pooled cash while producing a reasonable rate of return on investments. SCOPE The Investment Policy applies to all funds and investment activities of the City except the investment of bond proceeds, which are governed by the appropriate bond documents, and any pension or other post-employment benefit funds held in a trust. PRUDENCE The standard of prudence to be used by investment officials will be the “prudent investor” standard, which states that, “when investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency.” OBJECTIVES The primary objectives, in priority order, of the investment activities of the City are: 1. SAFETY – Safety of principal is the foremost objective of the City of Burlingame. 2. LIQUIDITY – The City’s portfolio will remain sufficiently liquid to enable the City to meet its cash flow requirements. It is important that the portfolio contain investments which provide the ability of being easily sold at any time with minimal risk of loss of principal or interest. Page 2 of 13 3. RETURN – The City’s portfolio will be designed to attain a market rate of return through economic cycles consistent with the constraints imposed by its safety objective and cash flow considerations. DELEGATION OF INVESTMENT AUTHORITY Pursuant to Burlingame Municipal Code Section 3.13.040 and Government Code Section 53607, the Finance Director/Treasurer is authorized to invest and reinvest money of the City, to sell or exchange securities so purchased, and to deposit such securities for safekeeping in accordance with and subject to this investment policy. The City may engage the support services of outside investment advisors in regard to its investment program, so long as these services are likely to produce a net financial advantage or necessary financial protection of the City’s financial resources. INVESTMENT PROCEDURES The Finance Director/Treasurer will establish investment procedures for the operation of the City’s investment program. ETHICS AND CONFLICTS OF INTEREST Officers and employees involved in the investment process will refrain from personal business activities that could conflict with proper execution of the investment program, or which could impair their ability to make impartial decisions. AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS The Finance Director/Treasurer will maintain a list of financial dealers and institutions qualified and authorized to transact business with the City. The purchase by the City of any investment other than those purchased directly from the issuer, will be purchased either from an institution licensed by the State as a broker- dealer, as defined in Section 25004 of the Corporations Code, which is a member of the Financial Industry Regulatory Authority (FINRA), or a member of a federally regulated securities exchange, a national or state chartered bank, a federal or state association (as defined by Section 5102 of the Financial Code), or a brokerage firm designated as a Primary Government Dealer by the Federal Reserve Bank. The Finance Director/Treasurer will investigate all institutions that wish to do business with the City, to determine if they are adequately capitalized, make markets in securities appropriate for the City’s needs, and agree to abide by the conditions set forth in the City of Burlingame’s Investment Policy and any other guidelines that may be provided. This will be done annually by having the financial institutions: Page 3 of 13 1. Provide written notification that they have read, and will abide by, the City’s Investment Policy. 2. Submit their most recent audited Financial Statement within 120 days of the institution’s fiscal year end. If the City has an investment advisor, the investment advisor may use its own list of authorized broker-/dealers to conduct transactions on behalf of the City. Purchase and sale of securities will be made on the basis of competitive bids and offers with a minimum of three quotes being obtained, when practicable. ACCEPTABLE INVESTMENT INSTRUMENTS Where this section specifies a percentage limitation for a particular security type or issuer, that percentage is applicable only on the date of purchase and shall be calculated on the basis of market value. Credit criteria listed in this section refers to the credit rating at the time the security is purchased. If an investment’s credit rating falls below the minimum rating required at the time of purchase, the Finance Director/Treasurer or his/her designee will perform a timely review and decide whether to sell or hold the investment. The City will limit investments in any one non-government or municipal issuer, except investment pools and money market funds, to no more than 5% regardless of security type. Acceptable investments authorized for purchase by the Finance Director/Treasurer are: 1. U.S. Treasury obligations for which the full faith and credit of the United States are pledged for the payment of principal and interest. 2. Federal agency or United States government-sponsored enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government-sponsored enterprises. 3. Obligations of the State of California or any local agency within the state, including bonds payable solely out of revenues from a revenue producing property owned, controlled or operated by the state or any local agency, or by a department, board, agency or authority of the state or any local agency that is rated in a rating category of “A” or its equivalent or better by a nationally recognized statistical-rating organization (NRSRO). Purchases of the obligations described in this subdivision and in subdivision 4 (registered treasury notes or bonds of any of the other 49 states in addition to California) collectively may not exceed 30% of the City’s portfolio. 4. Registered treasury notes or bonds of any of the other 49 states in addition to California, including bonds payable solely out of the revenues from a revenue- Page 4 of 13 producing property owned, controlled, or operated by a state, or by a department, board, agency, or authority of any of these states that is rated in a rating category of “A” or its equivalent or better by an NRSRO. Purchases of the obligations described in this subdivision and in subdivision 3 (obligations of the State of California or any local agency within the state) collectively may not exceed 30% of the City’s portfolio. 5. Bankers’ Acceptances with a rating of the highest ranking or highest letter and number rating as provided for by an NRSRO. Purchases of bankers’ acceptances may not exceed 180 days. No more than 40% of the City’s portfolio may be invested in bankers’ acceptances. 6. Commercial Paper of “prime” quality of the highest ranking or of the highest letter and number rating as provided for by a NRSRO. The entity that issues the commercial paper must meet all of the following conditions in either paragraph a or paragraph b: a. The entity meets the following criteria: (i) is organized and operating in the United States as a general corporation, (ii) has total assets in excess of five hundred million dollars ($500,000,000), and (iii) has debt other than commercial paper, if any, that is rated in a rating category of “A” or its equivalent or higher by an NRSRO. b. The entity meets the following criteria: (i) is organized within the United States as a special purpose corporation, trust, or limited liability company, (ii) has program-wide credit enhancements including, but not limited to, over collateralization, letters of credit, or surety bond, and (iii) has commercial paper that is rated “A-1” or higher, or the equivalent, by an NRSRO. Eligible commercial paper will have a maximum maturity of 270 days or less. No more than 25% of the City’s portfolio may be invested in commercial paper. The City may purchase no more than 10% of the outstanding commercial paper of any single issuer. 7. Negotiable Certificates of Deposit issued by a nationally or state-chartered bank, a savings association or a federal association (as defined by Section 5102 of the Financial Code), a state or federal credit union, or by a federally- or state-licensed branch of a foreign bank. Eligible negotiable certificates of deposit (negotiable CDs) shall be rated in a rating category of “A” for long-term, “A-1” for short-term, their equivalents, or better by an NRSRO. No more than 30% of the City’s portfolio may be invested in negotiable CDs. 8. Non-negotiable Certificates of Deposit (time CDs) in a state or national bank, savings association or federal association, or federal or state credit union with a branch in the State of California. In accordance with California Government Code Section 53635.2, to be eligible to receive City deposits, a financial institution will have received an overall rating of not less than “satisfactory” in its most recent evaluation by the appropriate federal financial supervisory agency of its record of meeting the credit needs of California’s communities. Time CDs are required to be collateralized as specified under Government Code Section 53630 et seq. The City, at its discretion, may waive the collateralization requirements for any portion that is covered by federal Page 5 of 13 deposit insurance. The City will have a signed agreement with any depository accepting City funds per Government Code Section 53649. No deposits will be made at any time in time CDs issued by a state or federal credit union if a member of the City Council or the Finance Director/Treasurer serves on the board of directors or any committee appointed by the board of directors of the credit union. In accordance with Government Code Section 53638, any deposit will not exceed that total shareholder’s equity of any depository bank, nor will the deposit exceed the total net worth of any institution. 9. Medium-Term Notes issued by corporations organized and operating within the United States or by depository institutions licensed by the U.S. or any state and operating within the U.S. Medium-term corporate notes will be rated in a rating category “A” or its equivalent or better by a NRSRO. No more than 30% of the City’s portfolio may be invested in medium-term notes. 10. Demand Deposits 11. Passbook Savings Accounts 12. Shares of beneficial interest issued by diversified management companies that are money market funds registered with the Securities and Exchange Commission under the Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1, et seq.). To be eligible for investment, money market funds must be managed with the goal of maintaining a stable net asset value (NAV) per share of $1.00. Further, to be eligible for investment pursuant to this subdivision these companies (money market funds) will either: (i) attain the highest ranking or the highest letter and numerical rating provided by at least two NRSROs or (ii) have retained an investment advisor registered or exempt from registration with the Securities and Exchange Commission with not less than five years of experience managing money market mutual funds and with assets under management in excess of $500,000,000. It is possible that a money market fund that is managed with the goal of maintaining a stable NAV per share of $1.00 may be unable to maintain an NAV of $1.00 per share due to market conditions or other factors. In such instances, the Finance Director/Treasurer or his/her designee will perform a timely review and decide whether to sell or hold the fund(s), subject to any restraints imposed by the money market fund(s). No more than 20% of the City’s investment portfolio may be invested in money market funds. Further, no more than 10% of the City’s investment portfolio may be invested in any one money market fund. 13. Mortgage passthrough security, collateralized mortgage obligation, mortgage- backed or other pay-through bond, equipment lease-backed certificate, consumer receivable passthrough certificate, or consumer receivable-backed Page 6 of 13 bond of a maximum of five years' maturity. Securities eligible for investment under this subdivision shall be issued by an issuer rated in a rating category of "A" or its equivalent or better for the issuer's debt as provided by an NRSRO and rated in a rating category of "AA" or its equivalent or better by an NRSRO and have a maximum remaining maturity of five years or less. Purchase of securities authorized by this subdivision may not exceed 20% percent of the City's investment portfolio. 14. Repurchase Agreements. Repurchase Agreements shall be used solely as short- term investments not to exceed 30 days. a. The City will enter into repurchase agreements only with primary government securities dealers as designated by the Federal Reserve Bank of New York. Repurchase agreements shall be governed by a SIFMA Master Repurchase Agreement. All securities underlying repurchase agreements shall be delivered to the City’s custodian bank, or be handled under a properly executed “tri-party” custodial arrangement. Collateral for repurchase agreements is restricted to U.S. Treasury issues or Federal Agency issues. b. The underlying collateral must be at least 102% of the repurchase agreement amount. If the value of securities held as collateral slips below 102% of the value of the cash transferred, then additional cash or acceptable securities must be delivered to the third party custodian. Market value shall be recalculated each time there is a substitution of collateral. For repurchase agreements with terms to maturity of greater than three days, the value of the collateral securities shall be marked to market weekly by the custodian, and, if additional collateral is required, then that collateral must be delivered within two business days. If a collateral deficiency is not corrected within two days, the collateral securities will be liquidated. c. A perfected first security interest in the collateral securities, under the Uniform Commercial Code, shall be created for the benefit of the City. Collateral securities shall be held free and clear of any lien and shall be held by an independent third party acting solely as an agent for the City, and such third party shall be (i) a Federal Reserve Bank, or (ii) a bank which is a member of the Federal Deposit Insurance Corporation and which has combined capital, surplus, and undivided profits of not less than $50 million. 15. Local Agency Investment Fund (State Pool) an investment pool run by the State Treasurer. The City can invest up to the maximum amount permitted by the State Treasurer. 16. County Investment Fund (San Mateo County Pool) 17. Shares of beneficial interest issued by a joint powers authority (Local Government Investment Pools or “Pool”) organized pursuant to Government Code Section 6509.7 that invests in the securities and obligations authorized in subdivisions (a) to (q) of California Government Code Section 53601, inclusive. Each share will represent an equal proportional interest in the underlying pool of securities owned by the joint powers authority. The Pool will be rated in a rating category “AAA” or its Page 7 of 13 equivalent by a NRSRO. To be eligible under this section, the shares will maintain a stable net asset value (NAV) and the joint powers authority issuing the shares will have retained an investment adviser that meets all of the following criteria: a. The adviser is registered or exempt from registration with the Securities and Exchange Commission. b. The adviser has not less than five years of experience investing in the securities and obligations authorized in subdivisions (a) to (q) Government Code Section 53601, inclusive. c. The adviser has assets under management in excess of five hundred million dollars ($500,000,000). 18. Guaranteed Investment Contracts (collateralized with Government Securities, physically delivered to an acceptable safekeeping account.) 19. Supranationals which are United States dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development (IBRD), International Finance Corporation (IFC), or Inter-American Development Bank (IADB), with a maximum remaining maturity of five years or less, and eligible for purchase and sale within the United States. Investments under this subdivision shall be rated in a rating category of "AA" or its equivalent or better by at least one NRSRO. No more than 30% of the City’s investment portfolio may be invested in supranationals. RESTRICTION ON INVESTMENT POLICIES AND CITY CONSTRAINTS Section 53600 et. seq. of the State of California Government Code outlines the collateral requirements for certain types of investments and also limits the percentage of total investments which can be placed in certain classifications. Investments must meet the time schedules as indicated by the cash flow projections of the City. Investments will be purchased with the intent to hold until maturity, however this will not preclude the sale of securities prior to maturity in order to reposition the portfolio’s duration, credit quality, or enhance the rate of return. INVESTMENT POOLS The State pool and San Mateo County Pool invests in additional Government Code authorized investments that are not approved for direct purchase by the Finance Director/Treasurer. These pools shall provide a current investment policy and monthly reports for review by the Finance Director/Treasurer. The Finance Director/Treasurer is authorized to invest in these pools provided they reasonably appear to be in conformance with their investment policies. Page 8 of 13 MATURITY LIMIT State law requires that the maturity of any given instrument should not exceed five years unless specifically approved by City Council at least three months before the investment is made. INTERNAL CONTROL The Finance Director/Treasurer is responsible for establishing and maintaining an internal control structure designed to provide reasonable assurance that the assets of the City are protected from loss, theft or misuse. The City Manager or designee shall arrange for an annual audit by an external CPA firm in compliance with the requirements of state law and generally accepted accounting principles as pronounced by the GASB (Governmental Accounting Standards Board.) As part of the audit, investment transactions will be tested. The annual audit will be an integral part, but not the sole part, of management’s program of monitoring internal controls. CUSTODY OF SECURITIES All securities owned by the City, except time deposits and securities used as collateral for repurchase agreements, will be kept in safekeeping by a third-party bank’s trust department, acting as an agent for the City under the terms of a custody agreement executed by the bank and the City. All securities will be received and delivered using standard delivery versus payment procedures. PERFORMANCE STANDARDS The City’s portfolio shall be structured to achieve a market-average rate of return through various economic cycles, commensurate with the investment risk constraints and the cash flow needs. The benchmark for “market-average rate” shall be the rate of return of an appropriate market-based index which has a duration similar to that of the the City’s portfolio, against which portfolio performance shall be compared on a regular basis. Currently, the benchmark used for comparison purposes is the Bank of America Merrill Lynch 1-5 year U.S. Treasury index. REPORTING The Finance Director/Treasurer will provide a quarterly investment report to the City Council showing all transactions, type of investment, issuer, purchase date, maturity date, purchase price, yield to maturity, and current market value for all securities. Page 9 of 13 POLICY REVIEW This Investment Policy will be reviewed at least annually to ensure its consistency with: 1. The California Government Code sections that regulate the investment and reporting of public funds. 2. The overall objectives of preservation of principal, sufficient liquidity, and a market return. Approved by City Council on ____________ _________________________ Michael BrownriggDonna Colson, Mayor _________________________ Lisa Goldman City Manager _________________________ Carol Augustine Finance Director/Treasurer ATTEST: _____________________ Meaghan Hassel-Shearer City Clerk Page 10 of 13 Glossary Asset Backed Securities (ABS) are securities backed by loans or receivables on assets other than real estate. ABS can be secured by a variety of assets including, but not limited to credit card receivables, auto loans, and home equity loans. Bankers’ Acceptances are short-term credit arrangements to enable businesses to obtain funds to finance commercial transactions. They are time drafts drawn on a bank by an exporter or importer to obtain funds to pay for specific merchandise. By its acceptance, the bank becomes primarily liable for the payment of the draft at maturity. An acceptance is a high-grade negotiable instrument. Broker-Dealer is a person or a firm who can act as a broker or a dealer depending on the transaction. A broker brings buyers and sellers together for a commission. They do not take a position. A dealer acts as a principal in all transactions, buying and selling for his own account. Certificates Of Deposit 1. Negotiable Certificates of Deposit are large-denomination CDs. They are issued at face value and typically pay interest at maturity, if maturing in less than 12 months. CDs that mature beyond this range pay interest semi-annually. Negotiable CDs are issued by U.S. banks (domestic CDs), U.S. branches of foreign banks (Yankee CDs), and thrifts. There is an active secondary market for negotiable domestic and Yankee CDs. However, the negotiable thrift CD secondary market is limited. Yields on CDs exceed those on U.S. treasuries and agencies of similar maturities. This higher yield compensates the investor for accepting the risk of reduced liquidity and the risk that the issuing bank might fail. State law does not require the collateralization of negotiable CDs. 2. Non-negotiable Certificates of Deposit are time deposits with financial institutions that earn interest at a specified rate for a specified term. Liquidation of the CD prior to maturity incurs a penalty. There is no secondary market for these instruments, therefore, they are not liquid. They are classified as public deposits, and financial institutions are required to collateralize them. Collateral may be waived for the portion of the deposits that are covered by FDIC insurance. Collateral refers to securities, evidence of deposits, or other property that a borrower pledges to secure repayment of a loan. It also refers to securities pledged by a bank to secure deposits. In California, repurchase agreements, reverse repurchase agreements, and public deposits must be collateralized. Commercial Paper is a short term, unsecured, promissory note issued by a corporation to raise working capital. Page 11 of 13 Demand Deposits are funds held that can be withdrawn at anytime without advance notice to the institution holding the funds. Duration is a measure of the sensitivity of the price of a security or a portfolio of securities to a change in interest rates, typically stated in years. Federal Agency Obligations are issued by U.S. Government Agencies or Government Sponsored Enterprises (GSE). Although they were created or sponsored by the U.S. Government, most Agencies and GSEs are not guaranteed by the United States Government. Examples of these securities are notes, bonds, bills and discount notes issued by Fannie Mae (FNMA), Freddie Mac (FHLMC), the Federal Home Loan Bank system (FHLB), and Federal Farm Credit Bank (FFCB). The Agency market is a very large and liquid market, with billions traded every day. Guaranteed Investment Contracts (GIC) are contracts that guarantee principle repayment after a certain period of time along with a predetermined interest rate. Issuer means any corporation, governmental unit, or financial institution that borrows money through the sale of securities. Liquidity refers to the ease and speed with which an asset can be converted into cash without loss of value. In the money market, a security is said to be liquid if the difference between the bid and asked prices is narrow and reasonably sized trades can be done at those quotes. Local Agency Investment Fund (LAIF) is a special fund in the State Treasury that local agencies may use to deposit funds for investment. There is no minimum investment period and the minimum transaction is $5,000, in multiples of $1,000 above that, with a maximum of $65 million for any California public agency. It offers high liquidity because deposits can be converted to cash in twenty-four hours and no interest is lost. All interest is distributed to those agencies participating on a proportionate share determined by the amounts deposited and the length of time they are deposited. Interest is paid quarterly via direct deposit to the agency’s LAIF account. The State keeps an amount for reasonable costs of making the investments, not to exceed one-quarter of one per cent of the earnings. Local Government Investment Pools (LGIP) are investment tools similar to money market funds that allow public entities to invest funds. Market Value is the price at which a security is trading and could presumably be purchased or sold. Maturity is the date upon which the principal or stated value of an investment becomes due and payable. Page 12 of 13 Medium-Term Notes are debt obligations issued by corporations and banks, usually in the form of unsecured promissory notes. These are negotiable instruments that can be bought and sold in a large and active secondary market. For the purposes of California Government Code, the term “Medium Term” refers to a maximum remaining maturity of five years or less. They can be issued with fixed or floating-rate coupons, and with or without early call features, although the vast majority are fixed-rate and non-callable. Corporate notes have greater risk than Treasuries or Agencies because they rely on the ability of the issuer to make payment of principal and interest. Money Market Fund is a type of investment comprising a variety of short-term securities with high quality and high liquidity. The fund provides interest to shareholders. Eligible money market funds must strive to maintain a stable net asset value (NAV) of $1 per share. Mortgage Backed Securities (MBS) or Mortgage Passthrough Securities are securities that are backed cash flows from an underlying pool of mortgages. Principal describes the original cost of a security. It represents the amount of capital or money that the investor pays for the investment. Repurchase Agreements are short-term investment transactions. Banks buy temporarily idle funds from a customer by selling him U.S. Government or other securities with a contractual agreement to repurchase the same securities on a future date at an agreed upon interest rate. Repurchase Agreements are typically for one to ten days in maturity. The customer receives interest from the bank. The interest rate reflects both the prevailing demand for Federal Funds and the maturity of the Repo. Repurchase Agreements must be collateralized. Supranational entities Entities are formed by two or more central governments with the purpose of promoting economic development for the member countries. Supranational institutions finance their activities by issuing debt, such as supranational bonds. Examples of supranational institutions include the European Investment Bank and the World Bank. Similarly to the government bonds, the bonds issued by these institutions are considered direct obligations of the issuing nations and have a high credit rating. Total Return is the performance of a portfolio including interest income and any capital appreciation or depreciation as a result of interest rate movements. U.S. Treasury Issues are direct obligations of the United States Government. They are highly liquid and are considered the safest investment security. U.S. Treasury issues include: 1. Treasury Bills which are non-interest-bearing discount securities issued by the U.S. Treasury to finance the national debt. Bills are currently issued in one, three, six, and twelve month maturities. 2. Treasury Notes that have original maturities of one to ten years. Page 13 of 13 3. Treasury Bonds that have original maturities of greater than 10 years. Yield to Maturity is the rate of income return on an investment, minus any premium above par or plus any discount with the adjustment spread over the period from the date of the purchase to the date of maturity of the bond. 1 STAFF REPORT AGENDA NO: 10b MEETING DATE: June 3, 2019 To: Honorable Mayor and City Council Date: June 3, 2019 From: Kathleen Kane, City Attorney – (650) 558-7204 Kevin Gardiner, Community Development Director – (650) 558-7255 Subject: Adoption of a Resolution Suspending CUP Timelines for 778 Burlway During Evaluation of an Alternative Development Plan RECOMMENDATION Staff recommends that the City Council consider the adoption of a resolution suspending timelines embedded in the October 2016 Conditional Use Permit (CUP) extension granted to the Enterprise property located at 778 Burlway Road during the evaluation of an alternative development plan for the site. BACKGROUND and DISCUSSION The subject property located at 778 Burlway Road has been occupied by a non-conforming car rental use since 1985. The CUP under which this use is allowed has been modified over the years and has been extended several times at the request of the applicant. In October 2016, the Council granted a further extension of the CUP (see attached CUP conditions of approval). Anticipating a move to the then-planned SFO Car Rental facility, Enterprise and the Council agreed to timelines as well as escalating payments designed to offset the impacts of the non-conforming use and incentivize redevelopment of the site in a manner consistent with the Bayfront Specific Plan. Since that time, SFO has scrapped plans to build a consolidated car rental facility on its property. Additionally, increased focus on the jobs-housing ratio on the San Francisco Peninsula has led to less emphasis on intensive office development on the Bayfront. Given these changed conditions, Enterprise approached the City with an alternative development plan for its site. The alternative would involve consolidation of activities through the construction of a multi-story garage for car storage, freeing up a portion of area for possible acquisition and redevelopment by the City. At a study session held on April 15, 2019, the Council considered the alternative and gave direction to the Mayor and staff to pursue further discussions. If it is not suspended, the October 2016 CUP would impose escalating costs on Enterprise in subsequent years. Given Council’s direction to pursue a possible alternative path and the time needed to develop the concept, Enterprise seeks reassurance that the existing CUP timelines will not be imposed during or immediately after the exploration phase. After consultation with Enterprise, staff recommends a nine-month extension to the CUP timelines. The ongoing payments called for in Paragraph 8 of the Conditions of Approval will continue during the extension. Enterprise CUP Extension June 3, 2019 2 FISCAL IMPACT This action will delay by nine months the increased payments anticipated under the existing Enterprise CUP Extension. It may allow a negotiated alternative that is of equal or greater value to the City. Exhibits: • Proposed Resolution • October 2016 Conditions of Approval for CUP Extension RESOLUTION NO. _______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME SUSPENDING TIMELINES IN THE OCTOBER 2016 CONDITIONS OF APPROVAL FOR THE 778 BURLWAY CONDITIONAL USE PERMIT EXTENSION WHEREAS, the property at 778 Burlway Road has been used for car rental storage since 1985, which is a nonconforming use under the applicable specific plan; and WHEREAS, a conditional use permit (CUP) allowing the use has been modified and extended numerous times; and WHEREAS, Council imposed conditions on the latest extension granted in October 2016, some of which would impose timelines for submission and progress on redevelopment as well as escalating payments to the City; and WHEREAS, recognizing changed regional circumstances, at its April 15, 2019 meeting Council directed that exploration and negotiations proceed for an alternative development proposal submitted by Enterprise; and WHEREAS, in order to pursue the alternative development proposal, a nine-month extension on the deadlines and escalated payments contained in the 2016 extension is appropriate. NOW, THEREFORE, BE IT RESOLVED, that: 1. The redevelopment timelines and escalated payments described in Paragraph 2 subsections a-f of the 778 Burlway (Enterprise) CUP Extension Conditions, adopted October 3, 2016, are each extended for a period of nine months. 2. All other terms and conditions of the 778 Burlway (Enterprise) CUP Extension Conditions, adopted October 3, 2016, remain in full force and effect, including the ongoing obligation to make payments as described in Paragraph 8 of the Extension Conditions. ____________________________ Mayor I, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 3rd day of June, 2019, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ____________________________ City Clerk 778 Burlway (Enterprise) CUP Extension Conditions (09/19/2016) 1. The project shall be built as shown on the plans submitted to the Planning Division and date stamped January 3, 2003, sheets A0.1, A1.0, A1.1, A2.1, and A22.1, site plan, partial site plan, second floor-administration, and building C floor plan, kiosk floor plan and reflected ceiling plan; 2. This approval shall expire seven (7) years following City Council action on October 3, 2016 (expiration on October 3, 2023) at which time all said uses on the site shall cease. Within ten (10) days of the date of approval of this conditional use permit extension, the applicant shall pay the sum of $1,854,000 to the City of Burlingame as an offset to provide mitigation for the negative impact the continued underutilization of the subject property for long-term airport parking will have on the economic development potential in the City’s Bayfront area. During the seven (7) year term of the conditional use permit extension, the applicant shall be required to meet the following milestones and accompanying financial contributions to the City to provide assurance that satisfactory progress is made towards development of the site and in order to reduce future payments to the City for the use’s negative economic impact: a. By October 3, 2020, applicant shall identify a qualified developer team for subsequent development of the property following cessation of the automobile rental business. Additionally, a project description for reuse of the property situated at 778 Burlway (project site) shall be submitted to the City that is in full compliance with the land-use policies in the City’s General Plan and regulatory requirements of the City’s Zoning Ordinance in place as of the stated date (with such changes as may otherwise be requested in accordance with the Zoning Ordinance procedures for variances, conditional use permits or the like). Accompanying this project description shall be a conceptual site plan for the proposed development. Within ten (10) days of completing all items required by this milestone, the applicant shall remit a payment to the City in the amount of $213,500; b. By October 3, 2021 the applicant (and/or its selected developer) shall submit a complete application seeking approval of all required land use entitlements for development of the site to the Community Development Department – Planning Division, including a traffic impact analysis of the development concept and preliminary site analyses (e.g. Phase I site contamination analysis, geotechnical report, etc.). Additionally, the applicant (and/or its selected developer) shall work with the Planning Division staff to initiate analysis of the proposed development pursuant to the provisions of the California Environmental Quality Act (CEQA) and shall pay the City, in advance, for the City’s reasonably anticipated consultant costs related to this analysis, subject to an agreed-upon procedure for future reporting and adjustments for reimbursement of City consultant costs as such work progresses. Within ten (10) days of completing all items required by this milestone, the applicant shall remit a payment to the City in the amount of $213,500; c. In advance of October 3, 2022 the developer shall work diligently with City staff with the goal of ensuring that all required project entitlements are granted by the City and the CEQA analysis is completed and adopted/certified by said date. In the event the Community Development Director reasonably determines that the entitlement review is delayed for reasons beyond the control of the applicant (including City processing delays or administrative or judicial appeals), the Community Development Director (after consultation with the City Manager and 778 Burlway (Enterprise) CUP Extension Conditions (09/19/2016) City Attorney) shall adjust this compliance date appropriately to account for such delay. Within ten (10) days after all required project entitlements are granted by the City, the applicant shall remit a payment to the City in the amount of $213,500; d. By October 3, 2023 (or if the CEQA analysis or entitlements are appealed judicially, one year after the date that the project entitlements obtained under item 2c above become final and unappealable), the applicant shall submit a completed building permit application to the Community Development Department – Building Division. Within ten (10) days of completing all items required by this milestone, the applicant shall remit payment to the City in the amount of $213,500; e. In the event that the applicant fails to meet any of the milestones stated in items 2a through 2d above, applicant shall remit $713,500 on October 3 of each year in which the milestones set forth in this paragraph have not been met. Should applicant come into compliance with the milestones, the required mitigation payment shall be reduced from the date of compliance forward with no pro-rating for prior periods of non-compliance. f. In the event that applicant fails to make any of the required payments under Section 2.a through 2.e when due and such failure continues for more than thirty (30) days after written notice from City to applicant, the City may terminate the applicant’s rights hereunder, upon which all obligations and rights of the parties hereunder shall cease. g. Applicant may terminate this CUP and the rights and uses authorized hereunder by written notice to the City, which notice shall specify the effective date of termination. Upon such termination, all future rights and obligations of applicant under this CUP shall cease, including, without limitation, the authorized uses hereunder and the obligation for future payments. 3. The car rental, maintenance and storage facility may be open for business from 6:00 a.m. to 10:30 p.m., seven days a week, and that there shall be no more an 50 employees and 25 customers on-site at any one time; 4. There shall be a maximum of 600 cars stored on the site at any one time, this number shall include cars that are on-site for maintenance and there shall be a maximum of 2 car carriers on-site to deliver vehicles at any one time; 5. No trucks delivering or picking up cars at this site shall arrive or depart between 7:00 a.m. and 9:00 a.m. or 4:00 p.m. and 6:00 p.m. daily, and all such deliveries shall be made on- site with no impact on the public street or right-of-way; 6. The required number of handicap stalls for employees and/or customers shall be provided and designated at 778 Burlway Road as per the California Building Code, 2001 edition, and all employees shall be required to park in the 78 space employee parking lot in the southwestern portion of the site, employee parking shall be designated and employee cars shall have sticker identifying them as belonging to employees on-site; 7. All employee parking shall be provided 24 hours a day, seven days a week at the south end of the site; 778 Burlway (Enterprise) CUP Extension Conditions (09/19/2016) 8. The car rental operation at this site shall pay to the City of Burlingame $36,500 per year; the annual payment shall be payable in advance no later than April 30 of each year during which this permit is in effect. When one percent (1%) of the total gross rental for any vehicles for lease or rental originating from this site, whether those agreements are signed in Burlingame or adjacent jurisdictions exceeds $36,500 during any calendar year, the applicant shall then pay one percent of the total gross rentals to the City of Burlingame on a quarterly basis for the duration of the permit; this amount shall be due and payable no later than 30 days after the end of each calendar-year quarter. For purposes of this condition, agreements for rental from San Francisco International Airport car rental facility shall not be included in calculating the 1% payment to the City. In addition to making the payments required by this condition (either annual/flat amount or quarterly), the car rental operation shall file quarterly statements with the City of Burlingame Finance Department documenting the number of vehicle rental agreements signed at the site per month during the quarter on such forms as may be required by the City, and shall include a breakdown of the monthly vehicle rentals from the 778 Burlway Road site. In addition, the City of Burlingame shall accrue any sales tax revenue from rental contracts written in the City of Burlingame. Whether paying a fixed fee or 1% of the gross rental rates, the car rental operation on this site shall keep and preserve, for a period of three years, all records as may be necessary to determine the rentals from which the one percent (1%) payment calculation may be derived. Such records shall be available for delivery to the City for review with fifteen (15) days after request therefore; 9. No cars shall be loaded, unloaded or stored on any public street, in any public right-of- way, or in any public access area; 10. There shall be no intensification or changes of use of the subject property, except to substitute a permitted use under applicable zoning, as the allowed use under these provisions is non-conforming. 11. The fire lane from the east end of the site to Burlway Road shall be provided and maintained, unobstructed, on a permanent basis as required by the Fire and Public Works Department of the City of Burlingame; 12. The property owner shall be responsible for the maintenance of the public access trail and improvements adjacent to the subject property for the life of the project and shall be liable for any damage caused to the public for failure to maintain these facilities to a safe standard, and further that the property owner shall seek Bay Conservation and Development Commission approval for redesigning the narrowest existing section of the trail and replacing and expanding the pavement in this area; 13. The property owner shall install and maintain on a regular basis as prescribed by the city’s NPDES inspector, petroleum filter pillows in all parking lot catch basins throughout the site, that all water used for washing cars on site shall be recycled by a method approved by the City Engineer, and that failure to install these systems within 90 days of approval of this use permit amendment or failure to maintain the effectiveness of these systems on an on-going basis shall cause this conditional use permit to be review by the Planning Commission; and 14. Any improvements for the use shall meet all California Building and Fire Code, 2010 edition as amended by the City of Burlingame. 778 Burlway (Enterprise) CUP Extension Conditions (09/19/2016) 15. At all times during the operation of the facility and, in particular, after cessation of the use, the property shall be maintained in a clean and orderly manner consistent with all applicable provisions of the Burlingame Municipal Code. 1 Memorandum AGENDA NO: 11a MEETING DATE: June 3, 2019 To: City Council Date: June 3, 2019 From: Mayor Donna Colson Subject: Committee Report May 21, 2019 Interviews with RHAA and Urban Field regarding the Post of Plaza - both excellent candidates. Staff will be following up. Bayfront property owners lunch to update them on Sea Rise Burlingame initiative. Hotels very interested in the work we are doing and had several suggestions. May 22, 2019 • PenTV update and interview • Introduction to the Peninsula Series • Dropped by Filoli for the Peninsula Division Lunch • Thank you Emily for the Girls Scout Troop visit May 23, 2019 Presentation HFA Developing Neighborhood Support for New Homes Introduction - New CGAG information about SMC housing - since HFA in 2015 have had over 23,000 units of housing of which 5,000 units are affordable. • Elaine Breeze - o Understand existing conditions, and establish the baseline. o The neighbors will also know the patterns better than you, so listen. o Try to design appropriate mitigation efforts based on that input. o Share parking trends to inform the neighbors o Local context - parking occupancy surveys to show real-time data for traffic congestion - make a similar comparison so the neighbors understand. • Ann Change - Transform - Working on the nexus of housing and land use transportation. o Create more homes with less traffic - goal is 50,000 new homes $2.5 billion saved on construction with reduced parking. $50,000 for one car parking space. o Free transit pass is $770 per year o Database.greenshare.org - real time and could find actual project Colson Committee Report June 3, 2019 2 o GreenTrip Certified projects with zero parking required and subsidize by developer for bike, transit, etc. so that project can move forward. o GreenTrip Connect Tool - http://ConnectGreenTRIP.org to determine how to build with fewer parking spots and save money as well as cut GHG and so how do we do this. Credible and easy to use. • Surlene Grant - Community relations and outreach for housing and other such projects - called in to find a way to present the project to a community. Bridge builder between project sponsor and the community. o Discuss why is this needed and conversational - how are we doing this? Who is doing this and why? o No focus on the developer, but more on the shared vision. o ID key stakeholders and why/how = find the longest termed neighbor o Who is the leader - school community, etc. o Accessible, translation services and go to where people are! o Make meeting inclusive! o First meeting is to education and is around language. o Be mindful of how you are presenting and what you look/sound like. • Emily Beach - City of Burlingame o Village at Burlingame - Overview of the project and how we managed it. • Lunch with SMUSHD trustee Marc Friedman - update on school and district. PCE Board Meeting May 23, 2019 • CEO Update - working with Merced to help them start a new CCA. Targeting bc this is where Wright Solar is located. • AB 56 OPPOSE - Replaces existing rules for backstop procurement of resource adequacy and renewable resources. Ting, Mullin, Berman • CAC Report - Encourage people to work with staff to join the Reach Codes work and also concern from Affordable Developers about meeting the green code standards and the costs. Burlingame was the first team to do so in the county. • Looking to retain ACES for RA counter-party to aggregate and pool net open positions, issue solicitations, respond to solicitations, negotiate bi-lateral transactions, report to CCA procurement and can help with contract management. $650,000 for three years, and included a buffer and then share costs, so we have target of four CCA - PCE portion is about 1/4 or so depending on how many CCAs contract out. • Budget - Had a 4Q negative variance to budget. Had increase in spot prices, had pipeline closure, we had double hit - hedged contracts that did not role over and had uncovered position until March so had some exposure. Our scheduled load was higher than actual load and so bought at hire prices and sold back at lower prices - created negative arbitrage situation. Timing of RECS (Renewable Energy Credits) hard to plan. Participation is ECO 100 was higher than budgeted as people updated up. AB1110 moved us to another level of PCC1 - PCC2 and that cost additional funding. This is a Green House Gas requirement - If you are getting PCC2 out of state and if it comes in at a different time than use - we get assigned the GHG content of whatever the GRID mix is that is delivered. • Future 2019/20 Budget o Rates - One time rate change on Jan 1 - 2020 o Energy - Estimates Rates - substantially higher next year Colson Committee Report June 3, 2019 3 o Expenses - Shown based on this year cost plus new items - programs, personnel will be higher ... Data Manager Fees and Services Fees with PG&E, professional services up a bit, legal and legislative will increase, communications and outreach up, more grants and rollouts of energy dashboard to school districts in county, general and administrative up about 20% with growth, community energy programs also increasing o Program Information - EV pilots - rebates, SAMTRANS electrification for EV buses and working with them so that when they do charging we do not have spikes in demand during charging, MUD EV pilots, Reach Codes, Community Pilots, o Growth 19 to 31 - Increase of 12 people • Direct Access - PCE operates month-to-month with service agreement with all customers. PCE is facing increased competition from DA - providers of SB237 goes into effect phased in over two years. This change has not been reflected in the contract. Potential cost for 5 years - $2.5 million in annual revenues and up to $12.5 M in reduced revenues over 5 years if top 20 clients sign up. Top 20 clients represent 20% of of total sales. About 500 GWh annually if top 20 customers participate May 24, 2019 • Two Housing phone calls for ABAG and Leadership presentations • Ribbon Cutting at Village Park for the solar installation! May 29, 2019 • Badge pinning and congratulations to our new recruits and promotions. 1 Memorandum AGENDA NO: 11b MEETING DATE: June 3, 2019 To: City Council Date: June 3, 2019 From: Vice Mayor Emily Beach Subject: Committee Report Thursday, 5/2/19 • Conversations with Council for Seniors with Ricardo Ortiz • San Mateo County Transportation Authority Meeting o Reviewed preliminary budget for FY 2019-20 o Received briefing on US 101 Managed Lanes north of 380  Considers potential SF Managed lane all the way downtown and San Mateo project  Won’t eliminate minimum footprint or maximum footprint alternatives until environmental study further along  Decision to proceed with study collectively with SF or just San Mateo County will happen during environmental phase Saturday, 5/4/19 • BSD Safe Routes to Schools Bike Warrior Rodeo Sunday, 5/5/19 • Stronger Together Ceremony: Community Gathering for Hope and Healing at the Peninsula Jewish Community Center, Foster City in response to recent hate crimes Monday, 5/5/19 • Peninsula Art Museum Congressional Art Competition with Jackie Speier • City Council Meeting Tuesday, 5/7/19 • McKinley Founders Day Reception at Burlingame Womans Club Wednesday, 5/8/19 • Economic Development Subcommittee o Focus on upcoming commercial recreation zoning with Council • Rotary Luncheon • Council Budget Session Thursday, 5/9/19 • Bay Area Bike to Work Day energizer station at Burlingame Caltrain Station (thank you CEC volunteers and Proterra for sponsoring!) Beach Committee Report June 3, 2019 2 Friday, 5/10/19 • Home for All Affordable Housing Week celebration Saturday, 5/11/19 • Opening of 988 Howard Ave Monday, 5/13/19 • League of California Cities Executive Board Meeting Wednesday, 5/15 • Peninsula Family Services Future of Clean Transportation and Energy Forum • Rotary Club of Burlingame luncheon Thursday, 5/16/19 • Ramadan Open House at Yaseen Foundation Community Center Burlingame Friday, 5/17/19 • Monthly meeting with City Manager Saturday, 5/18/19 • Sierra Club Climate Action Leadership Forum • Jackie Speier’s Town Hall: affordable housing & opportunities with faith communities (land) and Peninsula Health Care District Wellness Community Monday, 5/20/19 • C/CAG Congestion Management and Environmental Quality Committee o Discussed MTC’s regionally significant project list (Grade Separations will be listed in different category) will allow cities to add more projects during next 2 weeks for consideration o Discussed US 101 Managed Lane north of 380 • City Council Meeting Wednesday, 5/22/19 • League of California Cities Peninsula Division Quarterly Meeting o Discussion of small cell technology; limitations on local control o Highlighted how San Jose leverages approvals with community benefits (expand digital access to communities of concern) • Hosted Girl Scout Troop from McKinley at City Hall with Mayor Colson Thursday, 5/23/19 • Home for All Panel: Bridging the Gap between the Project and the Neighborhood (parking, voice of neighborhood interests, listening to community) • Village at Burlingame: community engagement, and addressing neighbors’ concerns and interests during approval stage Friday, 5/24/19 • US 101 Express Lane Ad Hoc Committee (final) before JPA formation in June o Finalized JPA agreement and Board Members for San Mateo Express Lanes JPA (I’m appointed) Beach Committee Report June 3, 2019 3 o Discussion of future by-laws; decisions for June meeting • Village Park solar ribbon cutting Wednesday, 5/29/19 • Badge pinning celebration: seven police officers at City Hall