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HomeMy WebLinkAboutAgenda Packet - CC - 2019.12.02• City of Burlingame BURLINGAME CITY HALL 501 PRIMROSE ROAD BURLINGAME BURLINGAME, CA 94010 Meeting Agenda - Final City Council Monday, December 2, 2019 6:00 PM Council Chambers STUDY SESSION - 6:00 p.m. - Council Chambers a. Discussion of Short -Term Rentals Attachments: Staff Report Note: Public comment is permitted on all action items as noted on the agenda below and in the non -agenda public comment provided for in item 7. Speakers are asked to fill out a "request to speak" card located on the table by the door and hand it to staff, although the provision of a name, address or other identifying information is optional. Speakers are limited to three minutes each; the Mayor may adjust the time limit in light of the number of anticipated speakers. All votes are unanimous unless separately noted for the record. 1. CALL TO ORDER - 7:00 p.m. - Council Chambers 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. ROLL CALL 4. REPORT OUT FROM CLOSED SESSION 5. UPCOMING EVENTS 6. PRESENTATIONS a. Presentation by Gatepath b. Update from HIP Housing C. Update from the San Mateo County Mosquito and Vector Control District d. Information on the upcoming US Census City of Burlingame Page 1 Printed on 1112712019 City Council Meeting Agenda - Final December 2, 2019 7. PUBLIC COMMENTS, NON -AGENDA Members of the public may speak about any item not on the agenda. Members of the public wishing to suggest an item for a future Council agenda may do so during this public comment period. The Ralph M. Brown Act (the State local agency open meeting law) prohibits the City Council from acting on any matter that is not on the agenda. 8. APPROVAL OF CONSENT CALENDAR Consent calendar items are usually approved in a single motion, unless pulled for separate discussion. Any member of the public wishing to comment on an item listed here may do so by submitting a speaker slip for that item in advance of the Council's consideration of the consent calendar. a. Approval of City Council Meeting Minutes for November 18, 2019 Attachments: Meeting Minutes b. Adoption of a Resolution Reiecting All Bids Received for the 1740 Rollins Road and 842 Cowan Road Pump Stations Repairs, City Project No. 85830 Attachments: Staff Report Resolution Bid Summary Project Location Map C. Adoption of a Resolution Accepting Grant Funds from the California Libraries Cultivating Race. Equity, and Inclusion Initiative Grant Program Attachments: Staff Report Resolution d. Adoption of a Resolution Accepting Grant Funds from the Burlingame Library Foundation for Community Room Upgrades Attachments: Staff Report Resolution 9. PUBLIC HEARINGS (Public Comment) a. Adoption of a Resolution Approving and Levying 2020 San Mateo County Tourism Business Improvement District Assessments on Hotel Businesses within the District Attachments: Staff Report Resolution 10. STAFF REPORTS AND COMMUNICATIONS (Public Comment) City of Burlingame Page 2 Printed on 1112712019 City Council Meeting Agenda - Final December 2, 2019 a. "Sea Change Burlingame" Summary Presentation Attachments: Staff Report Bayfront Reaches Diagram Adaptation Photo Renderings Road Map Work Plan Presentation Slides b. Landscape Maintenance of California Drive from Lincoln Avenue to Murchison Drive for Bike Lane Safety Attachments: Staff Report Map of California Drive from Lincoln Avenue to Murchison Drive C. Discussion of Programs to Assist Renters Facing No -Cause Evictions and Authorization to Provide Supplemental Funding to Samaritan House for this Purpose Attachments: Staff Report d. Consideration of a Resolution Authorizing the City of Burlingame to Become a Noncharter Additional Member of the California Community Housing Agency (CalCHA) Attachments: Staff Report Memorandum - Considerations Resolution Attachment A — CaICHA Joint Exercise of Powers Agreement Attachment B — CaICHA Additional Member Signature Page Attachment C — CaICHA Purchase Option Agreement Attachment D — CaICHA No Liability Letter 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Council Members report on committees and activities and make announcements. a. Mayor Colson's Committee Report Attachments: Committee Report 12. FUTURE AGENDA ITEMS 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. City of Burlingame Page 3 Printed on 1112712019 City Council Meeting Agenda - Final December 2, 2019 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 8:00a.m. to 5:00p.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, December 16, 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. City o/ Burlingame Page 4 Printed on 11/27/2019 'RLI - BA UME REPORT 9r To: Honorable Mayor and City Council Date: December 2, 2019 AGENDA ITEM NO: MEETING DATE Study Session December 2, 2019 From: Kevin Gardiner, Community Development Director — (650) 558-7253 Kathleen Kane, City Attorney — (650) 558-7263 Subject Discussion of Short -Term Rentals RECOMMENDATION Staff recommends that the City Council discuss residential short-term rentals and provide direction regarding any future work on the issue. BACKGROUND Residential short-term rentals are defined as dwelling units that are rented for periods lasting fewer than 30 days. Common examples include renting a room, house, or an apartment for a week or weekend for a short stay or for several weeks. Short-term rentals are most commonly offered and rented through online hosting platforms such as Airbnb, VRBO, Hostmaker, Sonder, Vacasa, and HomeAway. While short-term rentals can provide income to residents and broader lodging options than the existing hotel market, there can be significant downsides to these uses. The popularity and profitability of short-term rentals has spurred an industry where dwellings are used exclusively for short-term rentals, removing housing stock that could otherwise be available for longer lease terms. A rotating series of renters in residential neighborhoods can create traffic, noise, parking, and safety concerns for neighborhoods. The short-term rental industry has grown and evolved at a fast pace in recent years. Once a small, informal part of the economy, it is now larger and more established. Its growth in popularity, coupled with an increase in the professionalization of the industry, including the emergence of full-time rentals and hosts that do not live in the units they are renting, have raised the profile of this issue and led many jurisdictions to consider regulation and taxation. The City's existing transient occupancy tax applies to short term rentals when they meet the municipal code's definition of "hotel," which is as follows: "Hotel" means any structure, or any portion of any structure, which is occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodginghouse, roominghouse, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location, or other similar structure or portion thereof. Therefore, a residential unit or portion thereof which is "occupied ... by 1 Residential Short -Term Rentals December 2, 2019 transients for dwelling, lodging or sleeping purposes" is required to collect transient occupancy tax on behalf of the City. The City does not currently have a program for monitoring or collection of TOT from short-term rentals. Operators running short term rentals are also required to secure a business license. Currently, there are seven registered short-term rentals in Burlingame, but the City doesn't have access to data regarding how many nights per year they are rented out, or whether owners are on the premises during such rentals. Looking at online advertisements for short-term rentals (which do not provide addresses), it appears as though fewer than ten percent of rentals are registered with the City. However, it can be difficult to ascertain whether the rentals listed are in frequent or occasional use. The City has received complaints regarding fewer than ten locations relating to short-term rentals in the last three years. The majority of these were related to the fact of a short-term rental existing in a nearby residence. The relevant property owners were referred to the Finance Department and secured business licenses. One complaint related to overflowing garbage bins. One location has generated several different complaints by neighbors, including renters coming and going at various times, ride share drivers blocking the street for drop off and pickup, the owner not being on site, and work without permits. DISCUSSION The short-term rental market has various components. A variety of activities fall under the general category of short-term vacation rental, ranging from occasionally renting an extra bedroom to leasing an entire home or residential unit on a short-term basis year-round. While some cities have chosen to regulate all rentals the same way, these different types of activities have different potential impacts. One of the ways to categorize vacation rentals is to identify those rentals that are hosted or unhosted. Hosted rentals may include just bedrooms or sometimes accessory buildings or Accessory Dwelling Units (ADUs), and have an owner or resident living on the property. This type of rental is perceived to be less of an issue because there is someone living on-site who can respond to problems that might arise. Unhosted rentals may include the entire home and sometimes an accessory building or ADU, that are vacant and do not have an owner or resident living on the property. These types of short-term rentals can be owned by investors, who are buying them to rent as a business, or by local homeowners who are away temporarily. There are also hosts that rent their home as an unhosted rental for corporate retreats, either during the day or overnight. It is additionally important to distinguish if units are dedicated for year-round short-term rental or available only for a limited time. Units that are rented on a short-term basis year-round will be removed from the jurisdiction's housing stock as a potential source of local housing. The number and composition of short-term rentals in a jurisdiction can be challenging to determine given the wide array of listing platforms, as well as the lack of transparency in the listings themselves. However, a number of data aggregators have emerged in recent years that download and analyze listings from the most commonly used platforms, and in some instances Residential Short -Term Rentals December 2, 2019 assist municipalities in enforcing short-term rental regulations. Host Compliance and AirDNA are two examples, but there are many others. As a potential snapshot of short-term rentals in Burlingame, AirDNA provides the following figures (as of November 2019):' • There are 116 active rentals within Burlingame. • 58% of the listings (67 listings) are for an entire home or unit; 41% (48 listings) are for a private room in a home or unit. There is also one listing (1 %) offering a shared room. • 30% of the listings are available full-time, implying that the room or unit is dedicated exclusively to short-term rental. • 86% of the listings are listed on Airbnb; 7% are listed on HomeAway; and 7% are listed on both platforms. • There is an average of 3.9 guests per rental. • 41% of the listings allow one-night stays; 24% require two nights; 12% require three nights; 10% require between four and six nights; and 8% require seven to 29 nights. 5% require 30 nights or more. As a point of reference, 116 listings is roughly equivalent to the size of one of the medium-sized hotels in Burlingame such as the Bay Landing Hotel (130 rooms) or Hilton Garden Inn (132 rooms). Regulatory Options. There are many levels of regulation to consider. The challenge is to decide which types of rental activities a jurisdiction wants to encourage, regulate, or not allow. The graphic below illustrates a continuum of regulatory choices related to short-term rentals. Many jurisdictions apply different levels of regulation to different types of short-term rentals. For example, the graphic below indicates the range of different listing types and suggests that different approaches may be desirable or appropriate for different types of listings and whether or not the listing is an occasional or dedicated (year-round) rental: https://www.airdna.co/vacation-rental-data/app/us/california/burlingame/burlingame/overview - accessed 11/24/19 3 Residential Short -Term Rentals December 2, 2019 Shared Bedroom Private Bedroom Accessory Unit imia- j� Entire Unit or Home 0 Shared Bedroom a If Private Bedroom a Accessory Unit a Entire Unit or Home L�„.. . Below is an overview of some of the more common approaches jurisdictions have implemented to regulate short-term rentals: Collecting Transient Occupancy Tax (TOT): Listing services like Airbnb have been willing to collect a TOT and remit it to jurisdictions on a semi-annual basis. Listing services also have agreed with some jurisdictions to remove illegal listings or those that pose a significant code enforcement challenge. A number of local cities, including Redwood City, San Francisco, and Berkeley, have negotiated deals where their hotel tax is automatically collected. These arrangements generally require cooperation with the listing companies and fewer limitations on listed properties. Requiring Permits: A common strategy for cities looking to regulate short-term rentals is to require a local permit. It is important to balance the cost and difficulty fora potential host to acquire a permit with the need for regulation. If it is too expensive or difficult to get a permit, casual hosts may be discouraged from applying. However, a professional host may not be discouraged by such regulation. Also, an overly cumbersome permitting system may result in people renting their homes without permits. Nonetheless, permits are a potentially important strategy to help cities understand and regulate the short-term rental market. For the permitting process, there are many decisions to make such as cost, what department will issue permits, notices to neighbors, business license requirements, length of permit, and the revocation process. Jurisdictions have also shown interest in requiring online listings to display host permit numbers, which both hosts and sites have been resistant to do. Occupancy, Parking and Noise Complaint Resolution Options: Limits on occupancy, parking, and noise can help address many conflicts that might be anticipated to come up, such as increased traffic, negative impacts to neighborhood character, and disruptions. A common 4 Residential Short -Term Rentals December 2, 2019 occupancy limit on the number of people is two times the number of bedrooms plus two people. Other strategies include allowing no more than four guests at a time. Rentals in Burlingame are already required to comply with existing noise and public nuisance regulations, as is every unit in the city. Noise and public nuisance violations can be difficult to document, but the Police Department and Code Enforcement functions are actively engaged in enforcing the code standards as complaints arise. Additional potential requirements include posting noise notices in units and revoking permits for those units with repeated violations. Management and Residency Requirements: Management and residency requirements are particularly helpful to regulate un -hosted units, and ensure that if issues arise, there is someone available to promptly respond. One popular management policy is to require a manager, owner, or responsible party to respond on-site within a given time limit, such as within 15 minutes or up to one hour. Other cities have taken a more lenient approach and required that someone be available by phone 24/7 to resolve issues. Neighboring Jurisdictions: Neighboring jurisdictions in San Mateo County have taken a variety of the above approaches in regulating short-term rentals. Table 1 below provides a summary of neighboring jurisdictions: TABLE 1 SHORT-TERM RENTALS — NEIGHBORING COMMUNITIES Jurisdiction Allowed Business License TOT Collected Host Required Atherton No — prohibited in N/A N/A N/A all residential districts Belmont Yes — allowed by Yes — no separate Yes No right short-term rental permit Hillsborough No — must be 31 Yes (for long-term N/A N/A days or more rentals) Millbrae Yes Yes — short-term Yes — TOT Yes, for 265 rental permit and certificate nights out of the business license required, collected year required monthly Redwood City Yes No — short-term Yes — TOT Yes, if the unit is rental registration certificate required to be rented for form required, but more than 120 no separate nights per year business license San Carlos No — prohibited in N/A N/A N/A all residential districts San Mateo Yes Yes — business Yes — TOT No tax certificate certificate required (same as required, collected bus license) monthly 5 Residential Short -Term Rentals December Z 2019 Other Jurisdictions: Staff also surveyed a sampling of other jurisdictions outside the immediate area as reference: TABLE 2 SHORT-TERM RENTALS — SAMPLE OF OTHER COMMUNITIES Jurisdiction Allowed Business License TOT Collected Host Required N/A Los Altos No — prohibited in N/A N/A all residential districts Monterey No — prohibited in N/A N/A N/A all residential districts Orinda Yes No — short-term Yes — TOT Yes — while the registration form certificate City considers required, but no required, then stricter ordinance separate business paid quarterly with requirements license required TOT return form Santa Cruz Yes Yes — short-term Yes — TOT Yes — ADU and permit required, certificate required non -hosted short - limited to 250 term rentals licenses on first- prohibited come, first -serve basis Santa Monica Yes Yes — Home- Yes — monthly Yes Share Business License and Home -Share Permit required Sausalito No — prohibited in N/A N/A N/A all residential districts Enforcement: Jurisdictions have found it much easier to develop short-term rental regulations than to enforce them. Although many cities require hosts to register for licenses, they frequently are only able to respond to complaints. It can be difficult to know who is in compliance without involving the hosting platforms or data aggregators. One option jurisdictions have is to make it illegal for sites to list rentals from unregistered hosts. Another option is to require host license numbers on listings. Unless a jurisdiction decides on a complete ban on short-term rental activity, regulations will be difficult to enforce without requiring an enforcement role from the rental sites. Efforts to enact strict regulations on short-term rentals or to require specific actions by listing services have resulted in significant litigation from the hosting companies across the state. Should the City Council direct staff to develop regulations, a confidential legal risk analysis will be part of staff's recommendations. 6 Residential Short -Term Rentals FISCAL IMPACT December 2, 2019 The current number of short-term rental listings is roughly equivalent to the size of one of the business -class hotels in Burlingame such as the Bay Landing Hotel (130 rooms) or Hilton Garden Inn (132 rooms). Should the City enact a program to collect transient occupancy tax (TOT) from short-term rentals, the additional revenue could be comparable to that of a medium-sized hotel, or approximately $600,000-700,000. 7 Agenda Item 8a Meeting Date: 12/02/19 CITY 0 BURLINGAME e DH4TED J uE � BURLINGAME CITY COUNCIL Unapproved Minutes Regular Meeting on November 18, 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 US Navy Lieutenant Commander Michael Bender. 3. ROLL CALL MEMBERS PRESENT: Beach, Brownrigg, Colson, Keighran, Ortiz MEMBERS ABSENT: None 4. REPORT OUT FROM CLOSED SESSION There was no closed session. 5. UPCOMING EVENTS Mayor Colson reviewed the upcoming events taking place in the city. 6. PRESENTATIONS a. PRESENTATION OF VETERANS DAY CERTIFICATES Mayor Colson thanked Vice Mayor Beach, a US Army Veteran, for establishing the annual tradition of recognizing veterans in the community. Mayor Colson presented Veterans Day Certificates to the following residents: • US Navy Lieutenant Commander Michael Bender — served from 1973-1975 • US Navy Gil Borgardt — retired in 1979 with 30 years of service • US Air Force Briant Chun -Hoon — served from 1966-1972 1 Burlingame City Council November 18, 2019 Unapproved Minutes Agenda Item 8a Meeting Date: 12/02/19 • US Army Carroll Schmitz — served from 1941-1946, a WWII veteran, and was at Omaha Beach. Mayor Colson thanked Vice Mayor Beach for her service in the US Army. Vice Mayor Beach stated that it is important to take a moment to remember and thank our veterans. Thank you to our veterans for your service! b. PRESENTATION TO XAVIER BRUENING FOR BECOMING THE CALIFORNIA HEAVYWEIGHT CHAMPION IN GRECO WRESTLING Mayor Colson introduced Xavier Bruening, a sophomore at Burlingame High School, who recently competed in the US Nationals representing California in both Freestyle and Greco Wrestling. She stated that Xavier won four matches for California, and his cadet team was ranked second nationally behind Illinois. Mayor Colson presented Xavier with a certificate for becoming the California Heavyweight Champion in Greco Wrestling. Congratulations to Xavier Bruening! c. PRESETNATION BY THE SAFESPACE YOUTH ACTION BOARD Mayor Colson announced that November 17 through November 23 is United Against Hate Week. She explained that the City is joining with other Bay Area cities to stop the hate and implicit biases that are a dangerous threat to the safety and civility of our neighborhoods, towns, and cities. Mayor Colson introduced Rishika Sen, Novak Chernesky, and Samer Bahu from Safespace to give a presentation on what their organization has been doing. Rishika Sen, a high school senior, explained that the San Mateo County Adolescent Report found that 70% of survey respondents reported feelings of depression, nervousness, or emotional stress. Rishika noted that out of the 70%, 38% of females and 23% of male respondents reported having suicidal thoughts. Rishika stated that Safespace is a youth organization that is driven to removing the stigma against mental health. Rishika noted that Safespace creates and implements initiatives to change the conversation around mental health by empowering peers to speak out and seek help when needed. Rishika stated that currently Safespace's membership includes over 60 students from 15 schools on the Peninsula. Novak Chernesky, a high school junior, stated that Safespace's goals are to: • Create a stigma -fee community where no one feels ashamed of mental health • Ensure access to mental health education and resources for all students in San Mateo private and public schools • Work with community leaders to start safe and open conversations around mental health 2 Burlingame City Council November 18, 2019 Unapproved Minutes Agenda Item 8a Meeting Date: 12/02/19 • Create accessible and inclusive resources for the San Mateo community Novak stated that in connection with United Against Hate Week, Safespace wanted to engage with the community about the importance of mental health. Novak discussed the toll bullying and hate crimes take on an individual's mental health. Novak stated that it is on the community to ensure that all feel safe and accepted. Samer Bahu, a high school junior, discussed the racism and hate that he experienced as a Palestinian American. Samer discussed how the actions of his peers affected his mental health and his schoolwork. Samer stated that anyone going through mental health struggles should not give up as they are capable and can conquer it. Novak let the public know that if they would like to learn more about Safespace, they can visit www.safespace.org and follow Safespace on social media @safespaceusa. Mayor Colson thanked Safespace for their presentation. Councilmember Brownrigg stated that he spent time with some of the other members of Safespace at Representative Speier's event. He thanked Safespace for the work that they do. He explained the members of the City Council were all parents and had firsthand experience about the increased stresses that youth face today. He thanked Safespace for providing a space for students to feel comfortable addressing their mental health. Councilmember Ortiz thanked Samer for sharing his story and stated that a lot of people would feel better hearing his story. d. COMMENDATIONS FOR LIEUTENANT LAURA TERADA AND INSPECTOR RAFAEL NORIEGA Police Chief Matteucci stated that during the early morning hours of September 5, 2019, BHS was vandalized with anti-Semitic, homophobic, and racist graffiti. The graffiti resulted in significant damage and immeasurable trauma to the students, staff, and Burlingame community. Chief Matteucci explained that the case was assigned to Lieutenant Terada and Inspector Noriega with the expectation that the crime would be solved quickly and efficiently. On October 17, 2019, after an extensive investigation and with assistance from BHS, SMUHSD, and the Anti -Defamation League, a suspect was arrested in connection with the crime. Police Chief Matteucci commended Lieutenant Terada and Inspector Noriega for their skillful investigation, diligence, and the composure they displayed. Mayor Colson and the Council thanked Lieutenant Terada and Inspector Noriega for their hard work. Burlingame City Council November 18, 2019 Unapproved Minutes Agenda Item 8a Meeting Date: 12/02/19 e. PRESENTATION BY THE ANTI -DEFAMATION LEAGUE Anti -Defamation League Associate Director Vlad Khaykin extended his gratitude to the Burlingame Police Department for their professionalism on how they handled the graffiti case at the Burlingame High School. Mr. Khaykin began by discussing the history of the Anti -Defamation League ("ADL"). He explained that the ADL is one of the oldest civil rights, anti -hate, and anti -extremism organizations in the country. The ADL was founded in 1913 with the mission to "stop the defamation of the Jewish people and secure justice and fair treatment for all." He noted that the ADL's mission recognizes the idea that none of us are free until all of us are free. Mr. Khaykin reviewed the work that the ADL has done since its inception including: • 1930s — tracking, monitoring, and exposing extremist hate groups in the United States • 1954 — filed an amicus brief in Brown v. Board of Education arguing that segregation in schools "disadvantages" and "irreparably damages" children. • 1964 — mobilized support for the Civil Rights Act • 1965 — worked with Dr. Martin Luther King and others to help pass the Voting Rights Act • 1981 — helped to draft the model hate crime statute, which has been adopted by 45 states, and on the federal level • 2009 — assisted in updating the hate crime laws with the passage of the Mathew Shepard and James Byrd Jr. Hate Crimes Prevention Act • 2015 — worked on the Obergefell v. Hodges case to legalize marriage equality Mr. Khaykin stated that the property damage at Burlingame High School was a hate crime. He explained that a hate crime is a crime where someone is targeted because of one of their protected class identities (race, religion, sexual orientation, gender identity, etc.). Mr. Khaykin explained that hate crimes have been on the rise for the past several years. He stated that Jewish people account for more than 50% of hate crimes that target people on the basis of their religion or perceived religion. To contrast this statistic, he noted that Jewish people represent less than 2% of the US population. He explained that between 2015 and 2016, the ADL saw a 34% increase in anti-Semitic incidents, followed by a 57% increase in 2017. He stated that school campuses were seeing larger increases in anti-Semitic incidents, with an 89% increase at college and university campuses and 94% for grades K-12. Mr. Khaykin showed a clip from the 2017 Charlottesville rally, which was the largest gathering of white supremacists in the US in decades. He stated that the individuals chanted "Jews will not replace us" and "blood and soil". Mr. Khaykin stated that in 2018, nearly every single extremist -related killing in the United States was committed by someone with ties to far -right extremists. He noted that of those, 78% were white supremacists. 4 Burlingame City Council November 18, 2019 Unapproved Minutes Agenda Item 8a Meeting Date: 12/02/19 Mr. Khaykin quoted Eric Ward, a civil rights strategist and researcher of white nationalism, who stated that anti-Semitism is "the fuel that White nationalist ideology uses to power its anti -Black racism, its contempt for other people of color, and its xenophobia — as well as the misogyny and other forms of hatred it holds dear ... Black people [will] not win our freedom without tearing it down." Mr. Khaykin explained that the white nationalist groups have been working on growing their movement. He noted that between 2017 and 2018, there was a stark increase in white supremacist propaganda and recruiting, including on college campuses. Mr. Khaykin discussed the role of the internet in proliferating hateful ideologies. He reviewed writings from different white supremacist organizations that encourage their members to utilize the internet to spread their message. Mr. Khaykin stated that every single campaign of genocide in history was preceded by a campaign of words. He showed the pyramid of hate, which depicts the way in which bigotry escalates from stereotyping and insensitive remarks to discrimination. Mr. Khaykin discussed the six things that can be done to combat hate: • Elected officials and others in authority must speak out forcefully • Review ADL Hate Symbols Database and report hate incidents, propaganda online and offline • Raise your voice in Congress: www.adl.org/take-action • Call on lawmakers to address online hate: www.adl.org/backspace-hate • Review ADL Community Security Manual and secure your communal and religious institutions • Bring ADL's programs and resources to your school, community, home, etc. Mayor Colson thanked Mr. Khaykin for his presentation. 7. PUBLIC COMMENT There were no public comments. 8. CONSENT CALENDAR Mayor Colson asked the Councilmembers and the public if they wished to remove any item from the Consent Calendar. Councilmember Keighran removed items 8c and 8f. Councilmember Brownrigg removed items 8h and 8i. Councilmember Ortiz made a motion to approve items 8a, 8b, 8d, 8e, 8g, 8j, 8k, 81, and 8m; seconded by Councilmember Keighran. The motion passed unanimously by voice vote, 5-0. 5 Burlingame City Council November 18, 2019 Unapproved Minutes Agenda Item 8a Meeting Date: 12/02/19 a. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR NOVEMBER 4, 2019 City Clerk Hassel -Shearer requested Council adopt the City Council Meeting Minutes for November 4, 2019. b. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR NOVEMBER 12, 2019 City Clerk Hassel -Shearer requested Council adopt the City Council Meeting Minutes for November 12, 2019. e. ADOPTION OF AN ORDINANCE BANNING THE SALE OF FLAVORED TOBACCO PRODUCTS, INCLUDING VAPING LIQUIDS Councilmember Keighran recused herself from this item due to her work with Supervisor Canepa on the County's ordinance. Mayor Colson opened the item up for public comment. No one spoke. Councilmember Brownrigg made a motion to adopt Ordinance 1970; seconded by Vice Mayor Beach. The motion passed by voice vote, 4-0-1 (Keighran recused). Councilmember Brownrigg noted that the passage of Ordinance 1970 made the City one of the strictest anti- vaping jurisdictions in the country. He thanked Councilmember Keighran for her work at the County on this matter. Mayor Colson noted that the work that Councilmember Keighran had done at the County was leading the effort across the county. d. ADOPTION OF A RESOLUTION REJECTING ALL BIDS RECEIVED FOR THE SANITARY SEWER IMPROVEMENTS ALONG VANCOUVER AVENUE, BROADWAY, ROLLINS ROAD, EL CAMINO REAL, AND EASEMENTS OF LA MESA DRIVE, ALTURAS DRIVE, AND LOS MONTES DRIVE, CITY PROJECT NO. 85570 DPW Murtuza requested Council adopt Resolution Number 138-2019. e. ADOPTION OF A RESOLUTIN APPROVING THE ADDITION OF ONE NEW FULL-TIME EQUIVALENT MANAGEMENT ANALYST POSITION HR Morrison requested Council adopt Resolution Number 139-2019. f. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH S.R. BRAY, LLC DBA POWER PLUS FOR THE POWER 6 Burlingame City Council November 18, 2019 Unapproved Minutes Agenda Item 8a Meeting Date: 12/02/19 SERVICE TO THE TEMPORARY RECREATION FACILITIES DURING THE CONSTRUCTION OF THE NEW COMMUNITY CENTER AT AN INSTALLATION COST OF $75,880.20, A MONTHLY COST OF $405.00, AND AN ADD -ALTERNATE COST OF $7,546.96, CITY PROJECT NO. 83240 Councilmember Keighran stated that when she reviewed the two bids that the City received, the higher bid was double the cost of the lower bid. She asked why the high bid was so much higher. Parks and Recreation Director Glomstad stated that there aren't many companies that do this type of work and that she didn't think the high bid understood the RFP. Mayor Colson opened the item up for public comment. No one spoke. Councilmember Keighran made a motion to adopt Resolution Number 140-2019; seconded by Councilmember Brownrigg. The motion passed unanimously by voice vote, 5-0. g. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH MIG FOR PREPARATION OF AN UPDATE OF THE CITY'S GENERAL PLAN AND ZONING ORDINANCE TO EXTEND THE TERM OF THE AGREEMENT AND INCREASE THE CONTRACT AMOUNT BY $75,075 TO COVER EXPENSES RELATED TO THE GENERAL PLAN UPDATE, CLIMATE ACTION PLAN UPDATE, AND ENVIRONMENTAL IMPACT REPORT (EIR) CDD Gardiner requested Council adopt Resolution Number 141-2019. h. ADOPTION OF A RESOLUTION AUTHORIZING APPLICATION FOR, AND RECEIPT OF, SB 2 PLANNING GRANTS PROGRAM FUNDS FOR THE NORTH ROLLINS ROAD SPECIFIC PLAN Councilmember Brownrigg stated that the City is hiring a consultant to assist in designing the new North Rollins Road neighborhood. He explained that he is concerned that the 1.5 -year timeframe could result in important work getting missed. Councilmember Brownrigg stated that because this is a new neighborhood and is not around existing housing, he would prefer that the consultants be more prescriptive and show options to the community instead of holding community brainstorming sessions. Mayor Colson opened the item up to public comment. No one spoke. Councilmember Brownrigg made a motion to adopt Resolution Number 142-2019; seconded by Councilmember Keighran. The motion passed unanimously by voice vote, 5-0. 7 Burlingame City Council November 18, 2019 Unapproved Minutes Agenda Item 8a Meeting Date: 12/02/19 i. ADOPTION OF A RESOLUTION APPROVING THE ANNUAL REPORT ON THE STATUS OF IMPACT FEES COLLECTED AS OF JUNE 30, 2019, PURSUANT TO THE MITIGATION FEE ACT (GOVERNMENT CODE SECTION 66000 ET SEO.), AND MAKING REQUIRED FINDINGS RELATED TO THE CITY'S DEVELOPMENT IMPACT FEES Councilmember Brownrigg asked for information about 21 Element's Multi -City Commercial Linkage Feasibility Study. CDD Gardiner stated that a few years ago, there was a nexus study that established commercial linkage fee ranges. He explained that 21 Elements is undertaking a refresher to that study that looks at what is feasible within current development economics. Councilmember Brownrigg discussed a project that is in the pipeline that is tearing down a one-story building to create a six -story building. He explained that the developer is going to put in four floors of commercial space and two floors of residential units. He stated that the developer's reasoning was that commercial makes more money. Therefore, he explained that if the City's focus is on creating more housing, then the linkage fees may need to be re-examined to ensure that the developers build units. Vice Mayor Beach asked if there was a timeframe for when the City would conduct a total review of the public facilities impact fees. She noted that the last time this was done was 2008. Finance Director Augustine stated that staff has not budgeted for a review and staff is currently at capacity with other projects. Vice Mayor Beach asked the City Manager to evaluate the need for a public facilities impact fee study. City Manager Goldman replied in the affirmative. Mayor Colson opened the item up for public comment. No one spoke. Councilmember Brownrigg made a motion to adopt Resolution Number 143-2019; seconded by Councilmember Ortiz. The motion passed unanimously by voice vote, 5-0. j. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREMENT WITH ECS IMAGING, INC. FOR ADDITIONAL FULL USER LICENSES AND UPGRADE FORMS LICENSE, AND APPROVING A BUDGET AMENDMENT IN THE AMOUNT OF $37,045 City Clerk Hassel -Shearer requested Council adopt Resolution Number 144-2019. k. ADOPTION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE SUBSTITUTION OF FACILITIES SUBJECT TO THE FACILITY LEASE AND SUBLEASE ASSOCIATED WITH THE LEASE REVENUE REFUNDING BONDS, SERIES 2010, AND APPROVING THE TAKING OF ALL NECESSARY OR DESIRABLE ACTIONS IN CONNECTION THEREWITH Finance Director Augustine requested Council adopt Resolution Number 145-2019. 8 Burlingame City Council November 18, 2019 Unapproved Minutes Agenda Item 8a Meeting Date: 12/02/19 1. QUARTERLY INVESTMENT REPORT, PERIOD ENDING SEPTEMBER 30, 2019 Finance Director Augustine requested Council accept the Quarterly Investment Report, period ending September 30, 2019. m. ADOPTION OF A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE AFSCME LOCAL 829 BURLINGAME ASSOCIATION OF MIDDLE MANAGERS UNIT AND THE CITY OF BURLINGAME, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE MEMORANDUM ON BEHALF OF THE CITY HR Morrison requested Council adopt Resolution Number 146-2019. 9. PUBLIC HEARINGS a. CONSIDERATION OF AN URGENCY ORDINANCE PROVIDING INTERIM JUST CAUSE EVICTION PROTECTIONS TO TENANTS City Manager Goldman stated that on October 8, 2019, Governor Newsom signed AB 1482 into law. AB 1482 goes into effect on January 1, 2020. The legislation contains two main elements: 1) a prohibition on evictions without just -cause, and 2) an imposition of a rent cap. City Manager Goldman stated that during public comment at the November 4, 2019 City Council meeting, members of the public requested that the Council adopt an urgency ordinance that would prohibit evictions without just -cause as some Burlingame renters have received eviction notices that are effective prior to January 1, 2020. She added that the public was concerned that others may receive eviction notices prior to AB 1482 becoming effective. City Manager Goldman stated that the Council held a special study session to discuss the matter and determine whether or not to ask staff to bring an urgency ordinance to the Council for consideration. At the end of the study session, three Councilmembers asked that an urgency ordinance be drafted and agendized for the November 18, 2019 Council meeting. City Manager Goldman stated that at the time of the study session, Daly City, Redwood City, and San Mateo had all passed measures. She noted that this matter is on the agenda in Foster City and at the San Mateo County Board of Supervisors and that San Carlos passed a measure the previous week. City Manager Goldman stated that the City Attorney drafted an ordinance for the Council's review. She explained that the proposed ordinance, as drafted, would prohibit rental property owners from issuing no- fault eviction notices from October 8, 2019 through December 31, 2019 that do not otherwise comply with AB 1482's requirements for such evictions. She stated that if people receive an eviction for cause, those would still go through. She noted that if the urgency ordinance is adopted by the City Council, it would go into effect immediately and lapse on January 1, 2020. 9 Burlingame City Council November 18, 2019 Unapproved Minutes Agenda Item 8a Meeting Date: 12/02/19 City Manager Goldman stated that because it is an urgency ordinance, it would require four affirmative votes. Mayor Colson asked the City Clerk to read the title of the proposed ordinance. City Clerk Hassel -Shearer read the title. Councilmember Brownrigg made a motion to waive further reading and introduce the proposed ordinance; seconded by Councilmember Ortiz. The motion passed unanimously by voice vote, 5-0. Mayor Colson opened the public hearing. Erik Winkler stated that he believed rent control and just -cause eviction are bad public policy. He implored the Council to not.adopt the urgency ordinance. Eileen stated that she had received a no-fault eviction and was finding it difficult to find a new unit. She asked the Council to not make renters feel expendable. Marsha Kunz discussed her support for property rights and urged the Council to not adopt the urgency ordinance. Paul Beaudreau stated that he was against the urgency ordinance because he believed it would set a dangerous precedent that moves the City closer to San Francisco's rent control. Lucy Palasek and Steven Green urged the Council to adopt the urgency ordinance to help the vulnerable members of the community. Cynthia Wukotich encouraged the City to pass the urgency ordinance. She asked if the City would be hiring a housing officer to assist tenants and landlords with the implementation of AB 1482. Gene Bordegaray discussed the 2016 citizen initiative for rent control and just -cause eviction that was voted down. He asked that the Council side with the majority and not adopt the urgency ordinance. Brian Adler urged the Council to vote no. He stated that the ordinance is unnecessary and burdensome to mom and pop property owners. Katherine Goniotakis stated that she has lived in the same apartment for 24 years and received a 60 -day eviction notice. She asked that the Council protect the City's renters and adopt the ordinance. Maria Realyvasquez, a local property manager, discussed her experience since the passage of AB 1482 and stated that the relationship between tenants and landowners has become adversarial. Frank Vella, a local property manager, stated that rent control creates problems and doesn't assist tenants. He urged the Council not to adopt the ordinance. 10 Burlingame City Council November 18, 2019 Unapproved Minutes Agenda Item 8a Meeting Date: 12/02/19 Steve Stluka stated that he has chosen not to evict as a local property owner but those that have chosen to evict are within their legal right. He discussed the extensive legal proceedings that would be created if the Council adopts the ordinance. Alisa Ruiz -Johnson urged the Council not to adopt the ordinance. She explained that the City should donate and take care of those who are vulnerable in the community without infringing on property rights. Ross Bruce asked Council to not adopt the ordinance and instead consider other measures to assist with those who are vulnerable in the community. SAMCAR representative Gina Zari stated that it is egregious to pass a retroactive ordinance especially since the citizens have repeatedly voted down just -cause eviction and rent control. She noted that SAMCAR created a task force to assist in finding and funding relocations for those who were evicted. California Apartment Association representative Rhovy Antonio discussed legal issues that could arise as a result of adopting the ordinance. She urged the Council to vote against the ordinance. Mayor Colson closed the public hearing. Vice Mayor Beach asked if the City Attorney had any comment concerning the legal issues that Ms. Antonio raised. City Attorney Kane discussed Ms. Antonio's comment concerning the legal liability under the proposed ordinance when a tenant receives a no-fault eviction, moves out, and the unit has been promised to another individual. She explained that the ordinance limits its scope to covering only the instances where the individual who has received the no-fault eviction is still in possession of their unit. City Attorney Kane discussed Ms. Antonio's comment about legal possession versus illegal possession. She stated that the proposed ordinance states possession, and the Council could amend the language of the ordinance to apply strictly to legal possession. She noted that because the ordinance is an urgency ordinance, Council can make edits from the dais. Vice Mayor Beach asked to see if any member of the public issued a no-fault eviction notice between October 8 and October 31. No member of the public came forward. Councilmember Keighran asked if the City received any verifiable data in regard to the issuance of no-fault evictions. City Attorney Kane replied in the negative. She explained that the City doesn't have an existing data reporting that would be set up to cover this situation and track trends. Mayor Colson stated that she is aware of one notice of eviction during the October 8 through October 31 time period. However, she explained that she worked with the landlord and the tenant to reach a resolution. 11 Burlingame City Council November 18, 2019 Unapproved Minutes Agenda Item 8a Meeting Date: 12/02/19 Councilmember Keighran asked under the proposed ordinance, if a tenant was given a 60 -day notice with a move out date of November 30, and the tenant didn't move out, would the proposed ordinance tie the landlord's hands. City Attorney Kane stated that if the move out date was November 30, then the tenant would not be covered under the proposed ordinance because their 60 -day notice would have been issued on September 30. She stated that if the move out date is moved up so that it fits under the proposed ordinance, if the eviction is for cause, then the landlord would be within their rights to evict. Councilmember Ortiz asked if it was common before AB 1482 to issue 60 -day no-fault eviction notices when a cause exists. City Attorney Kane replied in the affirmative. She stated that for cause evictions can create difficulties, and therefore some landlords prefer to give no-fault evictions. Councilmember Brownrigg asked the City Attorney to discuss what Governor Newsom did on October 27 and how it affects the proposed ordinance. City Attorney Kane stated that on October 27, as a result of the wildfires, Governor Newsom signed an emergency declaration. Under the declaration, landlords can't increase rent by more than 10%, nor can they evict a tenant and then re -rent the unit for more than 10% of what they were previously charging. Councilmember Brownrigg asked if this was a thirty -day emergency ordinance. City Attorney Kane replied in the affirmative and added that emergency declarations get extended in order to draw down FEMA funds. Councilmember Ortiz asked if the emergency declaration was retroactive or if it was effective from October 27 forward. City Attorney Kane replied that it was effective October 27 forward. Councilmember Ortiz stated that assuming someone issued a 60 -day notice where there was a cause but the cause wasn't listed, could the landlord issue another 60 -day notice for cause if the ordinance is adopted. City Attorney Kane replied in the affirmative. She stated that it would restart the clock. Councilmember Keighran voiced concerns about the proposed ordinance. She stated that in order for the City to adopt an urgency ordinance, there had to be verifiable data showing the need for the Council to act expeditiously. She explained that no such data had been brought to the Council. Councilmember Keighran stated that she reviewed the definition of an urgency ordinance and found one ordinance that stated: the City Council needs to declare that there is an immediate threat to the public peace, health, and safety; having verifiable, factual information will help the position of the City to survive a legal challenge. She stated that she was concerned that the City hadn't met this requirement, and therefore passage would open the City up to liability. Councilmember Keighran discussed the 2016 citizen initiative for rent control and just cause eviction. She explained that the measure had failed by 67.6%. She stated that it is important that the Council respect the voters' decision. Councilmember Keighran voiced concern about the proposed ordinance being retroactive. She noted that in the Menlo Park staff report, it states that retroactive application of a city ordinance will be reversed if it 12 Burlingame City Council November 18, 2019 Unapproved Minutes Agenda Item 8a Meeting Date: 12/02/19 substantially changes the legal rights and obligations of a party. She stated that if the City adopts a retroactive ordinance, it would be a dangerous precedent for the City. Councilmember Keighran suggested that instead of adopting the proposed ordinance, the City should create an emergency fund for no-fault evictions. She discussed Legal Aid's outline of what is not considered a no- fault eviction under AB 1482 including: owner or family member intends to occupy the unit; withdrawal of the unit from the rental market; compliance with a court order or local ordinance that requires vacancy, and the intent to demolish or substantially remodel the unit with permits. Councilmember Keighran stated that if the City created an emergency fund, it could be used for: 1) helping with a rent gap, 2) relocation fees, and 3) security deposit. In addition, she noted that the City should work with HIP Housing, Star Vista, Samaritan House, and other organizations to assist the community. Councilmember Brownrigg stated that he appreciated Councilmember Keighran's suggestion. However, he felt that the City was being asked to clean up after both the State Legislature and the landlords who evicted tenants without cause. He stated that it affects very few people but also very few landlords. He explained that most of the City's landlords are good at their job, but there are some that are bad actors who raise individuals rents by 50-60%. Councilmember Brownrigg stated that he agreed with the California Apartment Association Senior Vice President of Public Affairs Deborah Carlton who stated that suggestions that landlords ought to remove tenants that are below market rate renters, while they still could, is unconscionable. Therefore, this has led him to consider a retroactive ordinance for the first time. Councilmember Brownrigg stated that his concern about the retroactivity of the ordinance is that it isn't good precedent. However, he believed that the liability would be minimal as most residents would not be affected by the proposed ordinance. Councilmember Brownrigg stated that the Council has routinely voted against rent control. He noted that the Council wrote the argument against the 2016 citizen initiative. He explained that he believed AB 1482 would end up hurting the people it was trying to protect, and that landlords would end up making more money than before. Councilmember Brownrigg stated that the issue he wrestles with is whether the City should try to help the few people that received an unconscionable no-fault eviction notice. He noted that San Carlos and San Mateo both approved a similar ordinance. Councilmember Ortiz stated that the Council's discussion wasn't about rent control or just -cause eviction. He explained that the issue before the Council is that under AB 1482, rent control is retroactive, but just - cause eviction protections are not retroactive. He stated that AB 1482 was flawed and that the Governor's emergency declaration doesn't assist the individuals who received no-fault evictions between October 8 and October 27. He explained that the proposed ordinance is a stop gap and stated that while he doesn't believe cities should enact retroactive ordinances, this was a unique situation. 13 Burlingame City Council November 18, 2019 Unapproved Minutes Agenda Item 8a Meeting Date: 12/02/19 Vice Mayor Beach stated that this is a philosophical debate about property rights and public policy. She noted that she has leaned into property rights because she believes that there are tremendous consequences of just -cause evictions and rent control. She explained that she believed just -cause evictions and rent control cause further harm to those that the laws are trying to protect. Vice Mayor Beach noted that she learned from SAMCAR that the median rent in Burlingame is $1900. She explained that this means that a lot of people in Burlingame are paying below market rate and that the City is fortunate to have good landlords. Vice Mayor Beach stated that she is concerned about retroactivity and potential liability. However, she explained that the City is trying to address a 23 -day window where individuals received no-fault evictions as a result of AB 1482. She stated that she leans into approving the ordinance with reservation. She noted that she also approved of Councilmember Keighran's suggestion of an emergency fund. Mayor Colson stated that she reviewed Oregon's rent control law that is similar to AB 1482. However, she explained that the difference is that Oregon's law went into effect immediately. Therefore, she stated that Governor Newsom and the Legislature must have had some rationale to delay just -cause evictions under AB 1482. Mayor Colson stated that she agreed with Councilmember Keighran that in order to have an urgency measure there must be an urgency. She noted that she didn't believe the City had met this standard. She stated that was included in emails asking tenants to come to Council if they had received a no-fault eviction. However, she stated that none of the no-fault evictions discussed in the hearing and in emails would be assisted by the proposed ordinance. Mayor Colson discussed the work that the Council has done to create affordable housing including the development on Lots F and N. She explained that the Council will continue to create affordable housing, work with developers to create affordable units, and work with non -profits on this issue. She stated that these methods are what have been proven to be effective when assisting the most vulnerable. She added that she was in support of Councilmember Keighran's suggestion for an emergency fund. Mayor Colson stated that Daly City and Redwood City didn't pass retroactive ordinances, and Pacifica voted down the ordinance. Councilmember Ortiz made a motion to adopt the urgency ordinance; seconded by Councilmember Brownrigg. Councilmember Brownrigg asked Councilmember Ortiz if he would like to amend his motion to include the City Attorney's proposal to define possession as legal possession. Councilmember Ortiz agreed and amended his motion. Mayor Colson asked the City Clerk for a roll call vote. 14 Burlingame City Council November 18, 2019 Unapproved Minutes Agenda Item 8a Meeting Date: 12/02/19 AYES: Councilmembers: Beach, Brownrigg, Ortiz NOES: Councilmembers: Colson, Keighran Because the ordinance was an urgency ordinance, four votes in favor were needed to pass, and therefore this measure failed 3-2. Councilmember Brownrigg stated that he would like to explore the notion of a prospective ordinance and Councilmember Keighran's suggestion of an emergency fund. City Manager Goldman stated that creating an emergency fund was not noticed, and therefore this issue would need to be brought back to Council at a future date. Mayor Colson stated that a prospective ordinance would only be symbolic because it would duplicate the State legislation and would have no impact on current tenants. Councilmember Keighran stated that she wouldn't agree with a prospective ordinance because it doesn't help anyone. She stated that the 60 -day no-fault notice needed to be filed by October 31, and 30 -day notices (which apply to those who have been in their units for less than a year) aren't protected because they aren't covered under AB 1482. Councilmember Ortiz stated that he agreed with Councilmember Keighran. Councilmember Keighran stated that she did want the Council to consider emergency funding. She noted that the funding could be retroactive to October 8. Councilmember Brownrigg stated that he agreed with an assistance program that goes back to October 8. He noted that adopting a prospective ordinance would tell landlords that you are going to have to give a reason for an eviction after January 1, 2020, and the City wants you to start doing that now. Councilmember Ortiz stated that if the eviction takes place after January 1, 2020, you have to give notice under AB 1482. The Council discussed the regulations around evictions and when an eviction would require a cause. Mayor Colson stated that the only real way to assist those being evicted in this situation is to create an emergency fund. City Attorney cautioned the Council that the City needs to be careful about the gift of public funds. She noted that staff will review options for the Council. Mayor Colson thanked the community for coming out and sharing their opinions. 15 Burlingame City Council November 18, 2019 Unapproved Minutes Agenda Item 8a Meeting Date: 12/02/19 10. STAFF REPORTS a. CONSIDERATION OF THREE APPOINTMENTS TO THE PARKS AND RECREATION COMMISSION Mayor Colson stated that vacancies are due to the expiring terms of Commissioners Christine Ardito, Ian Milne, and Bob Palacio. She noted that the Council originally was set to interview candidates on October 22. However, while Bob Palacio submitted his application to reapply, he later decided to withdraw prior to the interview date. She explained that the Council has a policy to extend the deadline for the application any time an incumbent chooses not to reapply. Therefore, on October 22, the Council decided to extend the deadline to October 31, 2019. Mayor Colson stated that on November 14, 2019, the Council interviewed eight additional candidates. She noted that there were three Councilmembers present and that the other two Councilmembers listened to a recording of the interviews. Mayor Colson stated that the eligible candidates for the three appointments are: William Reagon, Fred Bauer, Andrea Pappajohn, Daniel Devoy, Craig Darling, James Haggarty, Aric Agresi, Shaeda Urbani, Ian Milne, and Christine Ardito. Mayor Colson opened the item up for public comment. No one spoke. In the first round of ballots, Christine Ardito and Ian Milne each received three votes, and therefore they were reappointed. However, no other candidate received three votes, and therefore the Council was asked to vote a second ballot for one candidate. Prior to the second round of ballots, the Council discussed the candidates. In the second round of ballots, Andrea Pappajohn received a majority of the votes. Congratulations to Christine Ardito and Ian Milne for their reappointment, and congratulations to Andrea Pappajohn on her appointment. Thank you to all the candidates for applying. b. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A SIDE LETTER AGREEMENT TO THE AFSCME LOCAL 829 MAINTENANCE UNIT AMEND THE COMPENSATION AND BENEFIT PLAN FOR THE CITY OF BURLINGAME DEPARTMENT HEAD AND UNREPRESENTED CLASSIFICATIONS, AND ADOPT A NEW SALARY SCHEDULE HR Director Morrison stated that before the Council was a resolution to execute modifications to the compensation and benefit plan for the Department Head and Unrepresented Group and AFSCME Local 829 16 Burlingame City Council November 18, 2019 Unapproved Minutes Agenda Item 8a Meeting Date: 12/02/19 Maintenance Unit. She noted that the resolution included an updated salary schedule to account for minimum wage increases in 2020. HR Director Morrison stated that the Department Heads are the only unit that have their life insurance tied to their salary. She explained that the current benefit is annual salary at a maximum of $250,000. She stated that this was administratively burdensome, created technical and programming issues, and was an unequal benefit across the unit. She explained that the City proposes to simplify the matter and establish a $250,000 life insurance plan for all Department Heads. Mayor Colson opened the item up for public comment. No one spoke. Councilmember Brownrigg made a motion to adopt Resolution Number 146-2019; seconded by Councilmember Ortiz. The motion passed unanimously by voice vote, 5-0. c. ADOPTION OF A RESOLUTION APPROVING THE PRE -QUALIFIED BIDDERS LIST FOR THE CONSTRUCTION OF THE COMMUNITY CENTER PROJECT Parks and Recreation Director Glomstad stated that in order to ensure quality bids for the new Community Center, staff pre -qualified the bidders. She stated that the City used the Department of Industrial Relations questionnaire so that it was an equitable and fair process. Parks and Recreation Director Glomstad stated that the City received seven submittals. Three of the bidders didn't meet either the bonding requirements, the recommended revenue volume, similar project criteria, or were under significant litigation and had bad references and safety records. Therefore, staff proposed to remove those three bidders and pre -qualify four bidders: • Alten Construction • BHM Construction, Inc. • Amoroso Construction • Lathrop Construction Associates, Inc. Councilmember Brownrigg stated that Council has talked in the past about ensuring that the City audits the work of the construction firm. He asked if this would be done by a different firm. Parks and Recreation Director Glomstad replied in the affirmative. Councilmember Brownrigg stated that he has had conversations about ensuring that the apprentices that are used come from certified programs. He asked if this would be built into the contract. Parks and Recreation Director Glomstad replied that this was an option. Mayor Colson opened the item up for public comments. No one spoke. Vice Mayor Beach made a motion to adopt Resolution Number 147-2019; seconded by Councilmember Ortiz. The motion passed unanimously by voice vote, 5-0. 17 Burlingame City Council November 18, 2019 Unapproved Minutes Agenda Item 8a Meeting Date: 12/02/19 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCMENTS a. MAYOR COLSON'S COMMITTEE REPORT Mayor Colson asked that the Council submit a year-end committee report to the City Clerk by December 9, 2019. Council agreed. 12. FUTURE AGENDA ITEMS Councilmember Brownrigg discussed the program that has been adopted by Menlo Park and other cities that creates a financing mechanism to buy large multi -family buildings and then preserve them for the missing middle. He noted that this is a time sensitive matter and asked that the Council agendize this item. City Manager Goldman replied that this would be on the December 2, 2019 meeting. 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 TO BURLINGAME FINANCING AUTHORITY 1. Call to Order Chair of the Board Colson called the Burlingame Financing Authority meeting to order at 10:25 p.m. 2. Roll Call MEMBERS PRESENT: Beach, Brownrigg, Colson, Keighran, Ortiz MEMBERS ABSENT: None 3. Board Action a. ADOPTION OF A RESOLUTION OF THE BURLINGAME FINANCING AUTHORITY AUTHORIZING THE SUBSTITUTION OF FACILITIES SUBJECT TO THE FACILITY LEASE AND SUBLEASE ASSOCIATED WITH THE LEASE REVENUE REFUNDING BONDS, SERIES 2010; AND APPROVING THE TAKING OF ALL NECESSARY OR DESIRABLE ACTIONS IN CONNECTION THEREWITH Chair Colson stated that the Burlingame Financing Authority was being asked to authorize the substitution of facilities subject to the facility lease and sublease associated with the lease revenue refunding bonds, series 2010; and approve the taking of all necessary or desirable actions in connection therewith. 18 Burlingame City Council November 18, 2019 Unapproved Minutes Agenda Item 8a Meeting Date: 12/02/19 Chair Colson opened the item up for public comment. No one spoke. Boardmember Brownrigg made a motion to adopt Burlingame Financing Authority Resolution 002-2019; seconded by Vice Chair Beach. The motion was approved unanimously by voice vote, 5-0. 15. ADJOURNMENT Mayor Colson adjourned meeting at 10:28 p.m. in memory of Paula Parres. Respectfully submitted, Meaghan Hassel -Shearer City Clerk 19 Burlingame City Council November 18, 2019 Unapproved Minutes c'TY �Avaw�i To: Date: From AGENDA NO: 8b STAFF REPORT MEETING DATE: December 2, 2019 Honorable Mayor and City Council December 2, 2019 Syed Murtuza, Director of Public Works — (650) 558-7230 Subject: Adoption of a Resolution Rejecting All Bids Received for the 1740 Rollins Road and 842 Cowan Road Pump Stations Repairs, City Project No. 85830 RECOMMENDATION Staff recommends that the City Council adopt the resolution rejecting all bids received for the 1740 Rollins Road and 842 Cowan Road Pump Stations Repairs, City Project No. 85830, and authorize staff to re -advertise the project. BACKGROUND The City's Capital Improvement Program (CIP) identified the upgrade of the 1740 Rollins Road and 842 Cowan Road Pump Stations as high priority improvements. The 1740 Rollins Road Project consists of two stormwater and one sewage pump station. The second stormwater pump station is located at 842 Cowan Road and receives flows from Millbrae. The Cowan pump station is operated and maintained by the City Burlingame, but the capital, operation, and maintenance costs are shared 60/40 between the two municipalities, with 60% paid by City of Burlingame and 40% by the City of Millbrae. This project is part of the original 1740 Rollins Road and 842 Cowan Road Pump Station Project, which was previously advertised for bids on May 23, 2019, with the bid opening on July 18, 2019. The bids were rejected for this project because the bids received were significantly higher than the engineer's estimate, and staff had identified a number of project components for value engineering to save money. As a result of the value engineering, the current project scope was separated from the original 1740 Rollins Road and 842 Cowan Road Pump Station Project to accelerate this portion of the work. The scope of this project includes installation of protective coatings, replacement of flap gates, and other repairs at both pump station facilities. DISCUSSION The reconfigured project was advertised for bids on October 15, 2019, and the bids were opened on November 12, 2019. The City received two bid proposals in the amounts of $724,000 and $1,149,066. Trinet Construction, Inc. is the apparent low bidder with its bid amount of $724,000. However, the apparent low bidder failed to submit the bidder's bond along with their bid proposal, which is a mandatory requirement for Public Works projects. Therefore, Trinet Construction's bid 1 Resolution Rejecting All Bids Received for the 1740 Rollins Road and December 2, 2019 842 Cowan Road Pump Station Repairs Project proposal is non-responsive and is disqualified. The second bid proposal was submitted by Pipe and Plant Solutions, Inc. in the amount of $1,149,066, which is unreasonably higher than the engineer's estimate of $627,000 given the scope of work under this project. For these reasons, staff recommends that the Council reject all bids received and allow staff tore -advertise the project to seek more competitive and qualified bids. FISCAL IMPACT None. Exhibits: • Resolution • Bid Summary • Project Location Map 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME REJECTING ALL BIDS RECEIVED FOR THE 1740 ROLLINS ROAD AND 842 COWAN ROAD PUMP STATION REPAIRS CITY PROJECT NO. 85830 WHEREAS, on October 15, 2019, the City issued a notice inviting sealed bids for the 1740 Rollins Road and 842 Cowan Road Pump Station Repairs, City Project No. 85830; and WHEREAS, on November 12, 2019, all bid proposals were opened before the City Clerk and representatives of the Public Works Department; and WHEREAS, the City received two bid proposals in the amounts of $724,000 and $1,149,066; and WHEREAS, Trinet Construction, Inc. is the apparent low bidder with its bid amount of $724,000 but failed to submit the bidder's bond along with their bid proposal, which is a mandatory requirement; therefore, the apparent low bidder's bid is non-responsive and is disqualified; and WHEREAS, Pipe and Plant Solutions, Inc. is the second bidder with its bid amount of $1,149,066, which is unreasonably higher than the engineer's estimate for this project; and WHEREAS, staff recommends that the City Council reject all bids received for the project and authorize staff to re -advertise the project to seek qualified contractors with more competitive bids. NOW, THEREFORE, BE IT RESOLVED, and ORDERED, that all bids for the above-named project are rejected; all bonds and security received in connection with the bids received shall be returned to the bidders; and City staff is authorized to re -advertise the project in accordance therewith. 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 2"d day of December, 2019, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Meaghan Hassel -Shearer, City Clerk City of Burlingame 1740 Rollins Road 842 Cowan Road Pump Station Repairs, City Project No. 85830 Bid Summary Engineers Estimate Trinet Costruction Pipe and Plant Solutions Unit Cost ITotal Cost Unit Cost Total Cost Unit Cost Total Cost For furnishing all labor, equipment, and materials, complete, all as shown on the Contract Drawings and specified herein, for 1.0 debris removal, concrete surface cleaning and preparation, and application of protective lining system to the interior concrete wet well surfaces of the 1740 Rollins Road Stormwater Pump Station. 1 LS $130,000 $130,000 $150,000 $150,000 $338,677 $338,677 For furnishing all labor, equipment, and materials, complete, all as shown on the Contract Drawings and specified herein, for 2.0 debris removal, concrete surface cleaning and preparation, and application of protective lining system of the interior concrete surfaces of the 1740 Rollins Road Stormwater Pump Station Discharge Box. 1 LS 1 $70,000 $70,000 1 $150,000 $150,0001 $97,265 $97,265 For furnishing all labor, equipment, and materials, complete, all as shown on the Contract Drawings and specked herein for removal and replacement of flapvalves, ladders, and access 30 hatches, installation of aluminum handrailing, and modification of vent piping at the 1740 Rollins Road Stormwater Pump Station Discharge Box. 1 LS $135,000 $135,000 $114,000 $114,000 $197,250 $197,250 For Mobilization/Demobilization for all work at the 1740 Rollins 4.0 Road Pump Station site. 1 LS $32,000 $32,000 $30,000 $30,000 $54,000 $54,000 For Environmental/NPDES Compliance for all work conducted on 5.0 the 1740 Rollins Road Pump Station site. 1 LS $5,000 $5,000 $5,000 $5,000 $25,000 $25,000 For furnishing all labor, equipment, and materials, complete, all as shown on the Contract Drawings and specified herein, for debris removal, concrete surface cleaning and preparation, and 6.0 application of protective lining system of the interior concrete wet well surfaces of the 842 Cowan Road Stormwater Pump Station. 1 LS $120,000 $120,000 $140,000 $140,000 $296,874 $296,874 For furnishing all labor, equipment, and materials, complete, all as shown on the Contract Drawings and specified herein for 7.0 removal and replacement of stormwater discharge pipe flap valves at the 842 Cowan Road Stormwater Pump Station site. 1 LS 1 $75,000 1 $75,000 $100,0001 $100,000 $61,000 $61,000 For Mobilization/Demobilization for all work at the 842 Cowan 8.0 Road Pump Station site. 1 LS 1 $25,000 $25,000 $30,000 $30,000 $54,000 $54,000 For Environmental/NPDES Compliance for all work conducted on 9.0 the 1740 Rollins Road Pump Station site. 1 LS $5,000 $5,000 $5,000 $5,000 $25,000 $25,000 Subtotal $597,000 $724,000 $1,149,066 Contingency (5%) $30,000 Total Estimateed Construction Cost $627,000 $724,000 1 1 $1,149,066 PROJECT LOCATION MAP 1740 Rollins Road and 842 Cowan Road Pump Station Repairs City Project Nos. 85830 BVRL,INGAME AGENDA NO: 8c STAFF REPORT MEETING DATE: December 2, 2019 To: Honorable Mayor and City Council Date: December 2, 2019 From: Bradley McCulley, City Librarian — (650) 558-7404 Subject: Adoption of a Resolution Accepting Grant Funds from the California Libraries Cultivating Race, Equity, and Inclusion Initiative Grant Program RECOMMENDATION Staff recommends that the City Council adopt the attached resolution accepting $5,000 of grant funding from the California Libraries Cultivating Race, Equity and Inclusion Initiative Program and amending the Library's operating budget for Fiscal Year 2019-20. BACKGROUND The CALIFA Group, in partnership with the Marin County Free Library and the Santa Monica Public Library, received a $225,000 grant from the California State Library for CREI: California Libraries Cultivating Race, Equity, and Inclusion Initiative to be implemented in FY 2019-20. The Burlingame Library was chosen to participate in an immersive process designed specifically for government organizations. CREI will provide coordinated training, and the work will focus on skills building, support, collegial mentorship, and the development of a tailored Vision Statement and a Racial Equity Action Plan with strategies for implementation. DISCUSSION Four library staff have committed to becoming a Core Team for moving the racial equity work forward. These staff members will attend all training and meeting dates; create and share both a public and internal facing statement about racial equity; and develop and deploy a Racial Equity Plan. Staff will work with the Human Resources Director on reviewing City hiring practices in conjunction with the best practice standards for racially equitable hiring practices. FISCAL IMPACT The grant funds the cost of trainings and materials associated with the above mentioned deliverables. There will be no fiscal impact to the City's General Fund, other than staff time associated with administering this grant. Exhibit: • Resolution 1 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING AN AMENDMENT TO THE FISCAL YEAR 2019-20 ADOPTED BUDGET TO APPROPRIATE FUNDS FROM THE CALIFORNIA LIBRARIES CULTIVATING RACE, EQUITY AND INCLUSION GRANT WHEREAS, the Library was awarded funds in the amount of $5,000 from the California Libraries Cultivating Race, Equity and Inclusion Grant; and WHEREAS, the Library plans to use these funds to attend trainings, create and share both a public and internal facing statement about racial equity, and develop a Racial Equity Plan; and WHEREAS, the City Council has determined that there is a need to accept and appropriate the $5,000 from the California Libraries Cultivating Race, Equity and Inclusion Grant towards these activities. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME RESOLVES AS FOLLOWS: The City Manager is authorized to adjust the Fiscal Year 2019-20 budget to include the necessary appropriations for the expenditure of the grant funds described above. 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 2nd day of December, 2019, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Meaghan Hassel -Shearer, City Clerk STAFF REPORT AGENDA NO: To: Honorable Mayor and City Council Date: December 2, 2019 MEETING DATE From: Bradley McCulley, City Librarian — (650) 558-7404 December 2, 2019 Subject: Adoption of a Resolution Accepting Grant Funds from the Burlingame Library Foundation for Community Room Upgrade RECOMMENDATION Staff recommends that the City Council adopt the attached resolution accepting $100,000 of grant funding from the Burlingame Library Foundation and amending the Library's operating budget for Fiscal Year 2019-2020. BACKGROUND Usage of the Library Lane Community Room has increased exponentially since it was renovated in 1997. The Library offers programs in this room an average of 30 - 40 times per month. This space is utilized for a wide array of events such as author presentations, movie nights, children story times, crafts, `maker' (how-to) classes, outside community events, and many different City and County agency meetings, including special City Council meetings. DISCUSSION The objectives of the upgrade are to improve the acoustics, modernize presentation and meeting technologies, provide better lighting, and create a more versatile and positive patron experience. FISCAL IMPACT There will be no fiscal impact to the City's General Fund, as the $100,000 grant will be utilized to cover the expenses of improvements to the Lane Community Room. Exhibit • Resolution 1 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING AN AMENDMENT TO THE FISCAL YEAR 2019-20 ADOPTED BUDGET TO APPROPRIATE FUNDS FROM THE BURLINGAME LIBRARY FOUNDATION WHEREAS, the Burlingame Library Foundation awarded funds in the amount of $100,000 to the Library; and WHEREAS, the Library plans to use these funds to make upgrades to the Lane Community Room; and WHEREAS, the City Council has determined that there is a need to accept and appropriate the $100,000 from the Burlingame Library Foundation towards these activities. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME RESOLVES AS FOLLOWS: The City Manager is authorized to adjust the Fiscal Year 2019-20 budget to include the necessary appropriations for the expenditure of the grant funds described above. 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 2nd day of December, 2019, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Meaghan Hassel -Shearer, City Clerk CITY Ort. STAFF REPORT g1{. 9vortwe To: Date: From: Honorable Mayor and City Council December 2, 2019 AGENDA NO: 9a MEETING DATE: December 2, 2019 Carol Augustine, Finance Director— (650) 588-7222 Subject: Adoption of a Resolution Approving and Levying 2020 San Mateo County Tourism Business Improvement District Assessments on Hotel Businesses within the District RECOMMENDATION Staff recommends that the City Council hold a public hearing to consider any protests to the San Mateo County Tourism Business Improvement District (TBID) assessments; close the public hearing and ask the City Clerk to report out any protests filed with the City; determine whether a majority (in relation to the total number of hotel rooms in the district — 18,029 rooms) protest has been made; and, if a majority protest has not been made, adopt a Resolution approving and levying assessments for 2019. BACKGROUND The San Mateo County Tourism Business Improvement District (TBID) was formed in 2001 to revitalize the San Mateo County Convention & Visitors Bureau (SMCCVB). Prior to that time, the Bureau's marketing and sales efforts had been funded with a share of transient occupancy tax revenues from those cities that chose to participate. By 1999, this inconsistent funding stream had resulted in layoffs and a reduction in activities at the Bureau, leading hoteliers to express their dissatisfaction in the inadequate marketing of the area and their properties. The Board hired Anne LeClair as the Bureau's new CEO in May 2000, with specific direction to form a TBID to provide adequate and consistent funding for the Bureau's activities. At that time, Burlingame was forwarding over $425,000 of TOT dollars annually to the Bureau. Because Burlingame had the most hotel rooms and had the greatest interest in seeing the TBID formed, the City agreed to act as "Lead Agency" for the TBID. Following multiple meetings with hotels and city councils in the County, the Bureau proposed the TBID, and the City of Burlingame held all of the required hearings in 2000, with the TBID going into effect in 2001. Board slots were allocated based upon the number of hotel rooms in the various cities, with Burlingame allotted four, the most of any city. Since the San Mateo County TBID's formation, the Burlingame City Council has held the annual reauthorization hearing for the TBID, and the City has overseen the various cities' tourism fee assessment payments. The TBID now has 14 cities, along with unincorporated San Mateo County, participating. The District uses annual assessments of its 171 member hotel businesses to fund its successful and wide-ranging promotional activities. On November 4, 2019, the City Council approved the 1 2020 Assessments for the Tourism Business Improvement District December Z 2019 Bureau's 2019 annual report, filed by the District Advisory Board with the City Clerk. The report states the District's activities and accomplishments during the past year. Among other achievements, the Board reported that 27,955 room nights had been definitely generated from the Bureau's activities from October 2018 through September 2019, as well as numerous banquets, not including individual corporate or leisure traveler nights generated through promotion of the area as a whole. Meeting leads generated for San Mateo County and Palo Alto properties had a potential economic impact of approximately $18.2 million. The District Board is recommending that the Council adopt and levy the 2020 assessments on the hotel businesses within the District to support similar activities in the coming year. At the November 4th meeting, the City Council adopted a Resolution stating its intention to levy the annual assessments and to schedule a hearing for December 2, 2019. Notices of the public hearing and the proposed assessments were provided to the cities and members of the District by the District staff. The assessments requested by the District are consistent with the original authority for assessments enacted in 2001 at the time of District formation, and the method of computing the assessments has not changed from last year. Total assessments for the TBID in 2020 approximate $2.4 million. DISCUSSION The City Council should take the following actions: • Conduct a public hearing on the proposed District assessments for 2020 • Determine whether a majority protest has been made • If a majority protest has not been made, adopt the Resolution approving and levying assessments for the San Mateo County Tourism Business Improvement District for the year 2020 FISCAL IMPACT Assessment revenues provide funding for operations and activities of the San Mateo County Tourism Business Improvement District. The City charges the Bureau an annual fee based on costs of services attributable to administration of the assessments to non -Burlingame hotels. For the 2020 assessment, the fee is $9,300. There is no other direct fiscal impact to the City. Exhibit: • Resolution Approving Assessments for 2020 2 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING AND LEVYING ASSESSMENTS FOR THE SAN MATEO COUNTY TOURISM BUSINESS IMPROVEMENT DISTRICT AND APPROVING DISTRICT PROGRAMS AND ACTIVITIES FOR THE YEAR 2020 WHEREAS, pursuant to California Streets and Highways Code Section 36500 et seq., the San Mateo County Tourism Business Improvement District ("District" herein) has been established for the purpose of promoting tourism in the District; and WHEREAS, the District Advisory Board has requested the Burlingame City Council to establish calendar year 2020 assessments for the District; and WHEREAS, on November 4, 2019, the City Council approved the District report and adopted a resolution of intention declaring its intent to impose assessments for the calendar year 2020 and setting and noticing a public hearing about the proposed assessments for December 2, 2019; and WHEREAS, notices were provided to the hotel businesses within the District as required by law; and WHEREAS, pursuant to the Streets & Highways Code, a public hearing on the proposed assessments was duly held on December 2, 2019, at 7:00 p.m. before the City Council of the City of Burlingame, at the Council Chambers at 501 Primrose Road, Burlingame; and WHEREAS, pursuant to the provisions of the Streets and Highways Code, the City Council determined at the conclusion of the public hearing that a majority protest had not been made as to the proposed assessments or as to any proposed program or activity for the District; and WHEREAS, the proposed assessments and method of computing the assessments appear reasonable and consistent with the ordinance establishing the District, as amended, and the underlying State law; and NOW, THEREFORE, the City Council of the City of Burlingame does hereby resolve, determine, and find as follows: 1. Upon close of the public hearing, written protests to assessments, improvements or activities were not received which constituted a majority protest as defined in Government Code sections 36500 and following; accordingly, the Council finds that there was no majority protest to the assessments. 2. The City Council does hereby levy an assessment for the calendar year 2020 on hotel businesses within the District as described in City of Burlingame Ordinance Nos. 1648, 1678, and 1774, as further amended, for the purpose of funding services, programs, and activities of the District. 3. The types of services, programs, and activities to be funded by the levy of assessments on businesses in the District for the calendar year 2020 are set forth in Exhibit "A", incorporated herein by reference. 4. The basis for assessments for the calendar year 2020 on all hotels within the District are set forth in Exhibit "B", the Assessment Formula Chart, incorporated herein by reference. 5. The assessments for the calendar year 2020 on hotel businesses within the District are set forth in Exhibit "C", incorporated herein by reference. 6. New businesses shall not be exempt from assessment. Donna Colson, Mayor I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council on the 2"d day of December, 2019, and was adopted thereafter by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: Meaghan Hassel -Shearer, City Clerk 2020 Assessment Resolution EXHIBIT A SAN MATEO COUNTY TOURISM BUSINESS IMPROVEMENT DISTRICT SAN MATEO COUNTY/SILICON VALLEY CONVENTION & VISITORS BUREAU PLANNED ACTIVITIES FOR 2020 For the calendar year 2020, the Bureau plans to continue all of its normal activities, including but not limited to: * Develop more robust electronic marketing strategy across all platforms to further extend the reach of the Bureau and Partners; * Exhibiting in trade shows; * Conducting individual familiarization (FAM) and site tours for planners; * Conducting FAM tours for international travel agents from overseas; * Conducting FAM tours for members of the food and travel media from around the U.S.; * Conducting individual FAM tours for travel media; * Using multiple social media channels to push out stories on the area; * Conducting ad campaigns with Google to promote both our region and members we serve; * Advertising in meeting planner publications; * Advertising in leisure publications; * Promoting the area to international and domestic media with regular releases of editorial; * Creating multiple blogs every month to promote various aspects of the area; * Creating updated visitor guides, electronic maps and specialty brochures, such as our Dog Friendly Guide; * Continue to assist film producers, helping them identify locations, secure permits and hotel accommodations; * Conduct sales outreach to recruit conferences, special events, tour and travel groups to the area; * Assist with the promotion of job fairs for area community college and adult school students to help employers in the hospitality industry find team members; * Continue promoting the "As Fresh as it Gets" farm -to -table program, connecting restaurants with farmers and farmers with consumers at local farmers markets; * Continue to work with BART to make ticket purchases via our website a more streamlined experience, allowing guests to purchase tickets prior to arriving in the area. SAN MATEO COUNTY TOURISM BUSINESS IMPROVEMENT DISTRICT ASSESSMENT FORMULA CHART CATEGORY ZONE A - ASSESSMENT FOR YEAR 2020 ZONE B - ASSESSMENT FOR YEAR 2020 ZONE C - ASSESSMENT FOR YEAR 2020 Hotel with full service $360 per sleeping room x 69.5% X (District months in 2020) $360 per sleeping room X 55% X (District months in 2020) $360 per sleeping room x 68% X (District months in 2020) and more than 20 sleeping 12 12 12 rooms Hotel with limited service $180 per sleeping room X 60% X (District months in 2020) $180 per sleeping room X 40% X (District months in 2020) $180 per sleeping room X 60% X (District months in 2020) and 1,000 square feet or more 12 12 12 of meeting space and more than 20 sleeping rooms Hotel with limited service $90 per sleeping room X 60% X (District months in 2020) $90 per sleeping room X 40% X (District months in 2020) $90 per sleeping room X 60% X (District months in 2020) and some meeting space 12 12 12 but less than 1,000 square feet and more than 20 sleeping rooms Hotel with standard service $54 per sleeping room X 60% X (District months in 2020) $54 per sleeping room X 40% X (District months in 2020) $54 per sleeping room X 60% X (District months in 2020) and more than 20 sleeping 12 12 12 rooms Hotel with full service, $54 per sleeping room X 30% X (District months in 2020) $54 per sleeping room X 25% X (District months in 2020) $54 per sleeping room X 30% X (District months in 2020) limited service, or standard 12 12 12 service, and 20 sleeping rooms or less ZONE A - Includes all cities in the District except coastal cities and Palo Alto. ZONE B - Includes Half Moon Bay, Pacifica and most additional unincorporated areas. ZONE C - Palo Alto 1 of 6 ** SAN MATEO COUNTY TOURISM BUSINESS IMPROVEMENT DISTRICT ASSESSMENTS (ALL ZONES) FOR 2020 ** Burlingame Name of Property Bay Landing Crowne Plaza SFO DoubleTree by Hilton SFO Embassy Suites SFO - Waterfront Hampton Inn & Suites Zone A A A A A Category/Assessment $ 90.00 $ 360.00 $ 360.00 $ 360.00 $ 54.00 # Rooms ANNUAL Assessment 130 $ 7,020.00 309 $ 77,311.80 395 $ 98,829.00 340 $ 85,068.00 77 $ 2,494.80 Monthly Assessment $ 585.00 $ 6,442.65 $ 8,235.75 $ 7,089.00 $ 207.90 Hilton Garden Inn A $ 180.00 132 $ 14,256.00 $ 1,188.00 Hilton SF Airport Bayfront A $ 360.00 400 $ 100,080.00 $ 8,340.00 Holiday Inn Express SFO South A $ 90.00 146 $ 7,884.00 $ 657.00 Hyatt Regency SFO A $ 360.00 789 $ 197,407.80 $ 16,450.65 Red Roof Plus+ A $ 54.00 213 $ 6,901.20 $ 575.10 SFO Marriott Waterfront A $ 360.00 688 $ 172,137.60 $ 14,344.80 Vagabond Inn Executive A $ 54.00 90 $ 2,916.00 $ 243.00 Room Total 3709 Total: $ 772,306.20 San Mateo Name of Property Zone Category/Assessment # Rooms ANNUAL Assessment Monthly Assessment Americas Best Value Inn A $ 54.00 53 $ 1,717.20 $ 143.10 Best Western Coyote Point A $ 54.00 99 $ 3,207.60 $ 267.30 The Catrina Hotel A $ 54.00 57 $ 1,846.80 $ 153.90 Extended Stay America A $ 54.00 136 $ 4,406.40 $ 367.20 Hillsdale Inn A $ 54.00 90 $ 2,916.00 $ 243.00 Hilton Garden Inn A $ 180.00 156 $ 16,848.00 $ 1,404.00 Holiday Inn & Suites A $ 360.00 110 $ 27,522.00 $ 2,293.50 Residence Inn A $ 54.00 160 $ 5,184.00 $ 432.00 San Mateo Marriott A $ 360.00 476 $ 119,095.20 $ 9,924.60 San Mateo SFO Airport Hotel A $ 54.00 110 $ 3,564.00 $ 297.00 Stone Villa Inn A $ 90.00 45 $ 2,430.00 $ 202.50 Room Total 1492 Total: $ 188,737.20 South San Francisco Name of Property AC Hotel SFO/Oyster Point Waterfront Airport Inn All Seasons Lodge Zone A A A Category/Assessment $ 360.00 $ 54.00 $ 54.00 # Rooms 187 34 13 ANNUAL Assessment $ 46,787.40 $ 1,101.60 $ 210.60 Monthly Assessment $ 3,898.95 $ 91.80 $ 17.55 Americana Inn Motel A $ 54.00 17 $ 275.40 $ 22.95 Americas Best Value Inn SFO A $ 54.00 21 $ 680.40 $ 56.70 Best Western Plus Grosvenor Hotel A $ 360.00 206 $ 51,541.20 $ 4,295.10 Comfort Inn & Suites SFO A $ 54.00 166 $ 5,378.40 $ 448.20 Courtyard Oyster Point A $ 180.00 197 $ 21,276.00 $ 1,773.00 Days Inn JA 1 $ 54.00 1 25 $ 810.00 1 $ 67.50 2 of 6 ** SAN MATEO COUNTY TOURISM BUSINESS IMPROVEMENT DISTRICT ASSESSMENTS (ALL ZONES) FOR 2020 ** REVISED DRAFT/ As of 1-1-20 Deluxe Inn A $ 54.00 20 $ 324.00 $ 27.00 Embassy Suites SFO A $ 360.00 312 $ 78,062.40 $ 6,505.20 Four Points by Sheraton A $ 54.00 101 $ 3,272.40 $ 272.70 Hampton Inn A $ 54.00 100 $ 3,240.00 $ 270.00 Hilton Garden Inn SFO North A $ 180.00 169 $ 18,252.00 $ 1,521.00 Holiday Inn Express & Suites A $ 54.00 87 $ 2,818.80 $ 234.90 Holiday Inn SF Int'I Airport A $ 360.00 224 $ 56,044.80 $ 4,670.40 Home2 Suites by Hilton SFO North A $ 180.00 155 $ 16,740.00 $ 1,395.00 Hotel Focus SFO A $ 54.00 117 $ 3,790.80 $ 315.90 Hotel Nova SFO by Fairbridge A $ 54.00 45 $ 1,458.00 $ 121.50 Hotel V A $ 54.00 51 $ 1,652.40 $ 137.70 La Quinta Inn & Suites A $ 54.00 171 $ 5,540.40 $ 461.70 Larkspur Landing A $ 90.00 111 $ _ 5,994.00 $ 499.50 Park Pointe Hotel A $ 180.00 175 $ 18,900.00 $ 1,575.00 Ramada Limited Suites A $ 54.00 45 $ 1,458.00 $ 121.50 Residence Inn Oyster Point A $ 90.00 152 $ 8,208.00 $ 684.00 Royal Inn A $ 54.00 17 $ 275.40 $ 22.95 Travelers Inn A $ 54.00 20 $ 324.00 $ 27.00 Travelodge SFO North A $ 54.00 199 $ 6,447.60 $ 537.30 Room Total 3137 Total: $ 360,864.00 Millbrae Name of Property Zone Category/Assessment # Rooms ANNUAL Assessment Monthly Assessment Aloft SFO A $ 90.00 298 $ 16,092.00 $ 1,341.00 The Dylan Hotel at SFO A $ 54.00 58 $ 1,879.20 $ 156.60 EI Rancho Inn, Best Western Signature Collectior A $ 54.00 219 $ 7,095.60 $ 591.30 La Quinta Inn & Suites SFO A $ 54.00 100 $ 3,240.00 $ 270.00 Marriott Fairfield Inn & Suites SFO A $ 54.00 80 $ 2,592.00 $ 216.00 Millwood Inn & Suites A $ 54.00 34 $ 1,101.60 $ 91.80 The Westin S.F. Airport A $ 360.00 418 $ 104,583.60 $ 8,715.30 Room Total 1207 Total: $ 136,584.00 Foster City Name of Property ZoneT$$a tegory/Assessment # Rooms ANNUAL Assessment Monthly Assessment Crowne Plaza Foster City -San Mateo A 360.00 356 $ 89,071.20 $ 7,422.60 Courtyard San Mateo -Foster City A _ 180.00 147 $ 15,876.00 $ 1,323.00 TownePlace Suites San Mateo -Foster City A $ 54.00 1j1$ 3,920.40 $ 326.70 Room Total 6 Total 108,867.60 3 of 6 ** SAN MATEO COUNTY TOURISM BUSINESS IMPROVEMENT DISTRICT ASSESSMENTS (ALL ZONES) FOR 2020 ** REVISED DRAFT/ As of 1-1-20 Half Moon Bay Name of Property Zone Category/Assessment # Rooms ANNUAL Assessment Monthly Assessment Beach House Hotel B 180.00 54 $ 3,888.00 $ 324.00 Best Western Plus Cameron's Inn B $ 90.00 46 $ 1,656.00 $ 138.00 Coastside Inn B 54.00 _ 52 1,123.20 93.60 Half Moon Bay Inn B $ 54.00 15 202.50 16.88 Half Moon Bay Lodge B 180.00 81 $ 5,832.00 $ 486.00 Mill Rose Inn B 54.00 6 $ 81.00 $ 6.75 _ The Miramar Inn & Suites B 54.00 27 583.20 48.60 Nantucket Whale Inn B $ 54.00 7 $ 94.50 7.88 Quality Inn B $ 90.00 54 $ 1,944.00 $ 162.00 The Ritz-Carlton B 360.00 261 51,678.00 4,306.50 San Benito House B 54.00 12 162.00 13.50 Zaballa House Bed & Breakfast B 54.00 16 216.00 18.00 Room Total 631 Total: 67,460.40 Unincorporated County Name of Property Zone Category/Assessment # Rooms ANNUAL Assessment Monthly Assessment Atherton Inn B $ 54.00 5 $ 67.50 $ 5.63 Best Western Plus Executive Suites B $ 54.00 29 $ 626.40 $ 52.20 Canyon Ranch Wellness Retreat B $ 360.00 38 $ 7,524.00 $ 627.00 Costanoa B $ 90.00 172 $ 6,192.00 $ 516.00 Cypress Inn on Miramar Beach B $ 54.00 18 $ 243.00 $ 20.25 Grand Hyatt at SFO A $ 360.00 351 $ 87,820.20 $ 7,318.35 Harbor View Inn B $ 54.00 17 $ 229.50 $ 19.13 Inn at Mavericks B $ 54.00 6 $ 81.00 $ 6.75 Inn Suites at Oceano B $ 54.00 11 $ 148.50 $ 12.38 Ocean View Inn B $ 54.00 9 $ 121.50 $ 10.13 The Oceanfront Hotel B $ 54.00 8 $ 108.00 $ 9.00 Oceano Hotel & Spa B $ 360.00 95 $ 18,810.00 $ 1,567.50 Pacific Victorian Bed & Breakfast B $ 54.00 3 $ 40.50 $ 3.38 Pescadero Creek Inn B $ 54.00 4 $ 54.00 $ 4.50 Seal Cove Inn B $ 54.00 10 $ 135.00 $ 11.25 - Room Total 776 Total: 122,201.10 4 of 6 ** SAN MATEO COUNTY TOURISM BUSINESS IMPROVEMENT DISTRICT ASSESSMENTS (ALL ZONES) FOR 2020 ** REVISED DRAFT/ As of 1-1-20 Redwood City Name of Property Atherton Park Inn & Suites Best Western Inn Budget Inn Zone A A A Category/Assessment $ 54.00 $ 54.00 $ 54.00 # Rooms 38 26 40 AN NUAL Assessment $ 1,231.20 $ 842.40 $ 1,296.00 Monthly Assessment $ 102.60 $ 70.20 $ 108.00 Capri Motel A $ 54.00 50 $ 1,620.00 $ 135.00 Comfort Inn A $ 54.00 52 $ 1,684.80 $ 140.40 Courtyard Redwood City A $ 180.00 177 $ 19,116.00 $ 1,593.00 Days Inn A $ 54.00 68 $ 2,203.20 $ 183.60 Deluxe Inn A $ 54.00 27 $ 874.80 $ 72.90 Garden Motel A $ 54.00 17 $ 275.40 $ 22.95 Good Nite Inn A $ 54.00 123 $ 3,985.20 $ 332.10 Holiday Inn Express RWC Central A $ 54.00 61 $ 1,976.40 $ 164.70 Pacific Euro Hotel A $ 54.00 55 $ 1,782.00 $ 148.50 Pacific Inn A $ 54.00 75 $ 2,430.00 $ 202.50 Pullman San Francisco Bay A $ 360.00 421 $ 105,334.20 $ 8,777.85 Redwood Creek Inn A $ 54.00 38 $ 1,231.20 $ 102.60 Redwood Motor Court A $ 54.00 12 $ 194.40 $ 16.20 Sequoia Inn A $ 54.00 22 $ 712.80 $ 59.40 TownePlace Suites Redwood Shores A $ 54.00 95 $ 3,078.00 $ 256.50 Room Total 1397 San Bruno Name of Property Zone Category/Assessment Total: # Rooms $ 149,868.00 ANNUAL Assessment Monthly Assessment Bayhill Inn A $ 54.00 24 $ 777.60 $ 64.80 Comfort Inn & Suites A $ 54.00 29 $ 939.60 $ 78.30 Courtyard by Marriott A $ 180.00 147 $ 15,876.00 $ 1,323.00 Days Inn A $ 54.00 48 $ 1,555.20 $ 129.60 Gateway Inn & Suites A $ 54.00 31 $ 1,004.40 $ 83.70 Hotel Aura SFO A $ 54.00. 49 $ 1,587.60 $ 132.30 Ramada Limited A $ 54.00 61 $ 1,976.40 $ 164.70 Regency Inn A $ 54.00 31 $ 1,004.40 $ 83.70 Ritz Inn A $ 54.00 23 $ 745.20 $ 62.10 Staybridge Suites A $ 180.00 92 $ 9,936.00 $ 828.00 Super 8 A $ 54.00 54 $ 1,749.60 $ 145.80 Villa Montes Hotel A $ 90.00 41 $ 2,214.00 $ 184.50 Room Total 630 Total: $ 39,366.00 5 of 6 ** SAN MATEO COUNTY TOURISM BUSINESS IMPROVEMENT DISTRICT ASSESSMENTS (ALL ZONES) FOR 2020 ** REVISED DRAFT/ As of 1-1-20 Belmont Name of Property Zone Category/Assessment # Rooms ANNUAL Assessment Monthly Assessment Bel Mateo Motel Belmont Palms Extended Stay America Holiday Inn Express & Suites A A A A $ $ $ $ 54.00 54.00 54.00 90.00 23 14 108 82 $ $ $ $ 745.20 226.80 3,499.20 4,428.00 $ $ $ $ 62.10 18.90 291.60 369.00 Homewood Suites by Hilton Hotel Belmont Hyatt House Motel Silicon Valley Inn A A A A A $ $ $ $ $ 90.00 54.00 90.00 54.00 54.00 96 16 132 273 23 $ $ $ $ $ 5,184.00 259.20 7,128.00 8,845.20 745.20 $ $ $ $ $ 432.00 21.60 594.00 737.10 62.10 SpringHill Suites Belmont A $ 90.00 168 $ 9,072.00 $ 756.00 Room Total 935 Total: $ 40,132.80 San Carlos Name of Property Zone Category/Assessment # Rooms ANNUAL Assessment Monthly Assessment Americas Best Value Inn A $ 54.00 32 $ 1,036.80 $ 86.40 Country Inn & Suites A $ 54.00 50 $ 1,620.00 $ 135.00 Extended Stay America A $ 90.00 116 $ 6,264.00 $ 522.00 Fairfield Inn & Suites A $ 54.00 112 $ 3,628.80 $ 302.40 LiA Hotel A $ 54.00 35 $ 1,134.00 $ 94.50 Residence Inn Redwood City -San Carlos A $ 90.00 204 $ 11,016.00 $ 918.00 San Carlos Inn A $ 54.00 10 $ - 162.00 $ 13.50 Room Total 559 Total: $ 24,861.60 East Palo Alto Name of Property Zone Category/Assessment # Rooms ANNUAL Assessment Monthly Assessment Palo Alto Four Seasons Silicon Valley Name of Property Americas Best Value Sky Ranch Inn A Zone C $ 360.00 Category/Assessment $ 54.00 200 # Rooms 29 $ 50,040.00 ANNUAL Assessment $ 939.60 $ 4,170.00 Monthly Assessment $ 78.30 Berbeda Place C $ 54.00 18 $ 291.60 $ 24.30 Cardinal Hotel Palo Alto C $ 54.00 60 $ 1,944.00 $ 162.00 The Clement Hotel C $ 54.00 23 $ 745.20 $ 62.10 Comfort Inn Stanford C $ 54.00 70 $ 2,268.00 $ 189.00 Coronet Motel C $ 54.00 21 $ 680.40 $ 56.70 Country Inn Motel C $ 54.00 27 $ 874.80 $ 72.90 Cowper Inn C $ 54.00 14 $ 226.80 $ 18.90 Creekside Inn C $ 180.00 136 $ 14,688.00 $ 1,224.00 6 of 6 ** SAN MATEO COUNTY TOURISM BUSINESS IMPROVEMENT DISTRICT ASSESSMENTS (ALL ZONES) FOR 2020 ** REVISED DRAFT / As of 1-1-20 Crowne Plaza Palo Alto Dinah's Garden Hotel Garden Court Hotel Glass Slipper Inn Hilton Garden Inn Palo Alto Homewood Suites by Hilton Palo Alto C C C C C C $ $ $ $ $ $ 360.00 360.00 360.00 54.00 180.00 90.00 195 129 62 25 174 138 $ 47,736.00 $ 31,579.20 $ 15,177.60 $ 810.00 $ 18,792.00 $ 7,452.00 $ $ $ $ $ $ 3,978.00 2,631.60 1,264.80 67.50 1,566.00 _ 621.00 Hotel Keen C $ 54.00 42 $ 1,360.80 $ 113.40 Hotel Parmani C $ 54.00 36 $ 1,166.40 $ 97.20 Oak Motel Palo Alto The Nest Palo Alto Nobu Hotel Palo Alto C C C $ $ $ 54.00 54.00 360.00 42 54 77 $ 1,360.80 $ 1,749.60 $ 18,849.60 $ $ _ $ 113.40 145.80 1,570.80 The Palo Alto Inn C $ 54.00 23 $ 745.20 $ 62.10 Sheraton Palo Alto C $ 360.00 355 $ 86,904.00 $ 7,242.00 Stanford Motor Inn C $ 54.00 37 $ 1,198.80 $ 99.90 Stanford Terrace Inn C $ 90.00 80 $ 4,320.00 $ 360.00 Travelodge Palo Alto Silicon Valley C $ 54.00 29 $ 939.60 $ 78.30 The Westin Palo Alto C $ 360.00 184 $ 45,043.20 $ 3,753.60 The Zen Hotel C $ 54.00 37 $ 1,198.80 $ 99.90 Room Total 2117 Total: $ 309,042.00 Pacifica Name of Property Zone Category/Assessment # Rooms ANNUAL Assessment Monthly Assessment Americas Best Value Inn B $ 54.00 25 $ 540.00 $ 45.00 Holiday Inn Express B $ 54.00 38 $ 820.80 $ 68.40 Inn at Rockaway B $ 54.00 44 $ 950.40 $ 79.20 Lighthouse Hotel B $ 180.00 97 $ 6,984.00 $ 582.00 Pacifica Beach Hotel B $ 90.00 52 $ 1,872.00 $ 156.00 Sea Breeze Motel B $ 54.00 20 $ 270.00 $ 22.50 Room Total 276 Total: $ 11,437.20 Brisbane Name of Property Zone Category/Assessment # Rooms ANNUAL Assessment Monthly Assessment DoubleTree by Hilton SFO North A $ 360.00 210 $ 52,542.00 $ 4,378.50 Homewood Suites by Hilton SFO North A $ 90.00 177 $ 9,558.00 $ 796.50 Room Total 387 Total: $ 62,100.00 B L71NGAME AGENDA NO: 10a aSTAFF REPORT MEETING DATE. December 2, 2019 To: Honorable Mayor and City Council Date: December 2, 2019 From: Kevin Gardiner, Community Development Director — (650) 558-7253 Andrea Pappajohn, Sustainability & Climate Management Fellow — (650) 558- 7271 Subject: "Sea Change Burlingame" Summary Presentation RECOMMENDATION Staff recommends that the City Council receive a summary presentation of the "Sea Change Burlingame" initiative. BACKGROUND During the City Council's goal -setting session in January 2019, the Council identified five infrastructure initiatives for special focus over the next year. The Mayor then assigned two Councilmembers to champion each initiative. One of the initiatives is sea level rise shoreline protection improvements. Mayor Colson and Councilmember Brownrigg are the Councilmembers assigned to the initiative. Separately, the City received a grant from San Mateo County to evaluate sea level rise as it relates to Burlingame and identify potential near-term and long-term adaptation strategies that would be applicable to the particular site conditions of the Bayfront. The study, known as "Sea Change Burlingame," has provided a high-level assessment that will inform policies and future planning efforts. Additionally, the countywide Flood and Sea Level Rise Resiliency District has been formed to allow San Mateo County and its cities to coordinate across jurisdictional lines; avoid duplication of efforts and build expertise; and create a unified voice that would better position the County and its cities to obtain state and federal funds for addressing flooding, sea level rise, coastal erosion, and storm water infrastructure improvements. DISCUSSION Sea Change Burlingame builds upon the San Mateo County Sea Level Rise Vulnerability Assessment (accessible at www.seachangesmc.org). As a first step, the work plan combined the findings of the Vulnerability Assessment together with an analysis prepared separately by the Stanford University Sustainable Urban Systems Initiative classes last year to create a consolidated "existing conditions" risk and vulnerabilities overview. Building upon that assessment, the work plan 9 SeaChange Burlingame December 2, 2019 has identified potential near-term and long-term adaptation strategies that would be applicable to the particular site conditions of the Bayfront. The goal of the study has been to develop an implementable sea -level rise adaptation plan for Burlingame's shoreline, residents, and businesses. In order to help inform the adaptation strategies, City staff and its consultant, ESA, held strategic outreach and coordination meetings with Bayfront area stakeholders on July 10th, and with the broader community on October 16th. The City also formed a Technical Advisory Committee (TAC) comprised of staff from the City and neighboring communities to provide feedback. The approach outlined in the study and presented in these meetings organized the Bayfront into a series of subareas, or "reaches," each of which share common physical characteristics (refer to attached diagram). The adaptation approach within each reach may vary, based on the variations in characteristics, as well as existing and future development patterns. In some instances, a levee may be appropriate, whereas in other areas a floodwall may be more feasible given space constraints. Other areas, such as the land owned by the Transportation Authority along the shore at the eastern end of Broadway, may be suitable to "nature -based" adaptation measures that combine engineering and naturalistic elements. Some of these approaches have been illustrated in photo renderings (attached). The presentation and the risk and vulnerabilities memorandum from the October 16th meeting can be downloaded from the project page at www.burlingame.org/seachangeburlingame. An objective of "Sea Change Burlingame" has been to identify a course for the City to consider to address sea level rise in the coming years. The study has concluded with a "Road Map" (attached) that outlines steps for the next five years ("Near Term"), as well as the years beyond ("Medium to Long Term"). It describes a path to implementing adaptation solutions by first gaining more specific, detailed information about the nature of the shoreline and flooding issues, by describing the actions and decisions the City will need to make related to water level planning and neighbor coordination, and then identifying critical path studies necessary to address sea level rise. A "Next Steps Memorandum" will be the final deliverable and will further outline and provide greater detail to the approach outlined in the Road Map. The memorandum can be referenced in future work planning such as annual goal setting and budgeting. FISCAL IMPACT There is no fiscal impact associated with this staff report. Exhibits: • Bayfront Reaches Diagram • Adaptation Photo Renderings • "Burlingame Road Map to Sea Level Rise Adaptation" diagram • Work plan Gantt Chart 2 Burlingame Shoreline Reaches Elevation (feet NAVD88) : Shoreline–reaches Q 5.01 - 6 13.01 - 14 -- Streams IM 6.01 -7 FMM 14.01 -15 -- Streets I--1 7.01-8 M 15.01 -16 M0.24-1 CO 8.01-9 -16.01-17 M 1.01-2 19.01-10 = 17.01-18 ®2.01-3 ® 10.01-11 18.01-19 3.01-4 1-1 11.01-12 ® 19.01-20 O 4.01-5 i3 12.01-13 0 1,000 2,000 4,000 Fee, ri / r r \ y 9 r, r j w. �... _ }RIAC}1 -12 LANG V t Ad ,r s � ' L� ' � ``•• ��'o t` '%�� _' ��"i .i ro'� ; '6 = `!: � \ire's, �l�X � °k C� 4 � ^�� ```.4 � . � ,� t ``�, ''\ � �i' �_ � ! •,ems ' �S � �, . r ' (umoys jjV xadde) 6wpped pospi PanowaJ jo moi 99n91 pempoog e aaeuiwila 6ugsix3 Aew aanaI PePuaax3 61 A pasodad . o.�I ' yv v w h kR�014. � r gseq INS uollongsuoo peaq ql!m qoeaq of uoglsueJl canal coeds oggnd 6uizllelln9> >o} /glun}joddo jals/o jo/pue pues asmo;o pasudwoo goeag uaouoa w paslea canal 6wlsixD Ai1����0�\la���,.0�� 'W+ \\\\W mv.A '. "N' • ' ssei off ti dx AeMg6IH a�ogs (eg ^ 'Y • y gnlo a6pu8 ,e • ..,,. , _"�. " aseal a ,, � .�uoilnjoS IieNb N011dldV(IV CNVE)Nl coq eH puei�.: 39NVHO d3S 5 -YEAR WORK PLAN DECISION POINTS Decide on Design Criteria Determine Funding Sourc Sea Cha 5-15 YEARS 15-30 YEARS DECISION POINTS_ Decide on Priority Projects • Raise Funds" implement Priority Projects _••� LONG-TERM PROJECTS PRIORITY 1. Implement Adaptation Strategy v 2. Additional Improvements to �fbXuftentof�op7pii�,[e. PROJECTS Raise Shoreline Crest Elevations .5 vears) 3. Raise Creek Levees sting and new resources on the topics offend use tools, funding options, and groundwater studies1. Monitor SLR and Flooding Projections 2. Craft and Sign MOU with OLU Cities, SFO, FSLRRD on Creek and Shoreline Protection 2. Follow and participate in Regional SLR Adaptation 3. Begin Public and Stakeholder Outreach 3. Plan for Retrofit/Realignment of Buildings in Footprint of Levee To: Date: From: Subject: STAFF REPORT Honorable Mayor and City Council December 2, 2019 AGENDA NO: 10b MEETING DATE: December 2, 2019 Margaret Glomstad, Parks and Recreation Director — (650) 558-7307 Syed Murtuza, Public Works Director — (650) 558-7234 Landscape Maintenance of California Drive from Lincoln Avenue to Murchison Drive for Bike Lane Safetv RECOMMENDATION Staff recommends that the City Council review and provide direction to staff regarding the landscaping maintenance of California Drive from Lincoln Avenue to Murchison Drive for bike lane safety. BACKGROUND While much of the landscaping adjacent to the east side of California Drive is located on the property owned by the San Francisco Public Utilities Commission, the City's Parks Division staff has been maintaining the landscaping from Lincoln Avenue to Murchison Drive in order to prevent it from encroaching into the street. In the past, the maintenance activities occurred on a bi-annual basis and required 220 staff hours to complete. Much of the landscaping is directly adjacent to the curb and visually blocks the view of the area of train tracks. The landscaping is comprised of: 1. Casuarina — "Pine like" tree with soft feathery branches, fast growing, rapidly encroaches on bike lane. 2. Oleander- Flowering shrub, prevalent on the north end, moderate growth. 3. Leptospermum — Mature woody shrub with small leaves, fast growing, when trimmed reveals a woody structure. 4. Blackberry — Thorny vine prevalent on south end, long runners encroach in bike lane. 5. Coast Live Oak- Woody tree cut as a shrub. When trimmed reveals a woody structure. 6. Rapheolepis — Flowering shrub on north end, easily maintained with regular pruning. With the recent improvements along California Drive and the installation of the designated bike lane, the Public Works Department requested that the Parks Division increase the landscape maintenance frequency to four times per year. This would help to ensure a clear bike path by preventing vegetation encroachment into the bike lane while still maintaining the visual screen for the residents along California Drive. 1 Landscape Maintenance of California Drive from Lincoln Avenue to Murchison Drive December 2, 2019 Given the current staffing levels in the Parks Division, the additional work would result in negative impacts to other areas under the purview of the Parks Division. In addition, the new street lining configuration increases the complexity of rerouting traffic to complete the work. Parks Division and Public Works staff determined that the additional work could be completed by a landscape contractor, and funds in the amount of $65,000 for 4 trimmings per year were approved in the FY 2019-20 budget for this work. DISCUSSION On March 5, 2019, the City issued a proposal requesting bids for this landscape maintenance work and received one bid in the amount of $65,000 per maintenance trimming. Staff believes that the complexity and extensiveness of traffic control required for safety contributed to the high cost. Staff met again to discuss possible solutions and developed two options: 1. Increase the budget to accommodate the additional cost to maintain the landscaping four times per year and continue to budget for the maintenance each year. 2. Have the landscape contractor significantly lift and cutback the landscaping along California Drive and perform maintenance once annually. Under the first option, the City will need to increase the budget to approximately $260,000 per year. Under the second option, the annual cost will be approximately $69,000, along with any staff costs associated with maintenance by Parks Division staff on an as -needed basis. The work included in the second option includes cutting the landscaping back to approximately 3' along the length of California and removing limbs on trees and large shrubs below 8'. The challenges with significantly lifting and cutting back the landscaping include: 1. An increased view of the train tracks 2. Increased direct access to the train tracks (many areas along the train tracks do not have protective railroad fencing) 3. A potential perception of an increase in sound and dust from the train tracks 4. The removal of the current green landscaping wall in certain locations, thereby exposing the dead undergrowth and leaving a more "woody -like" appearance. FISCAL IMPACT Increasing the frequency of maintenance to four times a year using an outside contractor is estimated to cost approximately $260,000 annually, while once a year maintenance by an outside contractor is estimated to cost $69,000 annually. Under this second option, there will still be some costs associated with Parks Division staff doing spot maintenance as needed. The Parks Division budget for FY 2019-20 includes sufficient funding for the landscape contractor to maintain the landscape one time. Should the City Council wish to increase the frequency this year, funds can be appropriated from the General Fund balance for this purpose and included as an ongoing expense in future budgets. Exhibit: . Map of California Drive from Lincoln Avenue to Murchison Drive O 0R i RFF�q} 2BRFTy ��P� F � 'p� V �O yO �O Z �� (32 RO v Ic / Mq�' Q Ptir O \ v'9 SSP O Q- JF�`O �p� OP�� c �v P� F A 00C9 9gYs sTP 00 qST G �P y0 � �oR ��o � qCe M rtiiOON �o`� MFgoO M pR � �o� oo M a RF y/cti � 2'9,pC, J�� eq<B F gRCF ly-9 R � CN O /y e� gRSTFN �qY SF p <) CO Oq Y O ORT RO QO01 �C RONq �qY N cq s F 7,k qRc SFN �qY y%y�qr N P �o �ti i FSgO ��G MO00 OCO P Q- RO �\ ~ �ri�.r q ly'9 GAP NqC �'q � } rP 3e (aRN�h W �o Q Y Op MONTF O y'q BOJ "i cy yc �9TEl qr P CTCr RPY OR ORIF CT o RpCq A N c0 S1R� WAY �Py cg9R/C q`F CyOCq C9�/F q�F gReN 2 \JSP qINN CD/V/q h CO 60S O�q CO q`c/STq j�/ California Drive from Lincoln Avenue to Murchison Drive Project Location Map MRUNGAM QW�'E STAFF REPORT AGENDA NO: 10c - MEETING DATE: December 2, 2019 To: Honorable Mayor and City Council Date: December 2, 2019 From: Lisa K. Goldman, City Manager — (650) 558-7243 Subject: Discussion of Programs to Assist Renters Facing No -Cause Evictions and Authorization to Provide Supplemental Funding to Samaritan House for this Purpose RECOMMENDATION Staff recommends the City Council discuss programs to assist renters facing no -cause evictions and authorize the provision of supplemental funding to Samaritan House for this purpose. BACKGROUND During public comment at the November 4 City Council meeting, several members of the Burlingame community requested that the City adopt an urgency ordinance to prohibit evictions without "just cause" as some Burlingame renters have received eviction notices that are effective prior to January 1, 2020, and they are concerned that others may receive eviction notices prior to AB 1482 becoming effective on January 1, 2020. On November 12, the City Council held a special study session to discuss the matter and determine whether or not to ask staff to bring an urgency ordinance to the City Council for consideration. The staff report from the November 12 meeting is attached. At the end of the study session, three Councilmembers asked that an urgency ordinance be drafted and agendized for the November 18 City Council meeting. At the November 18 meeting, the City Council heard public comment and discussed the proposed urgency ordinance. Although three members of the City Council voted in favor of the urgency ordinance, it failed as urgency ordinances require four votes to pass. DISCUSSION During the discussion on November 18, Councilmember Keighran suggested that instead of adopting the proposed urgency ordinance, the City create an emergency fund to assist those renters facing no-fault evictions during this interim period before AB 1482 goes into effect on January 1, 2020 and prohibits no-fault evictions statewide. Councilmember Keighran stated that a City emergency fund could be used for help with a rent gap, relocation fees, and security deposits. 1 Renter Assistance Programs December 2, 2019 Subsequent to the meeting, representatives from the California Apartment Association (CAA) and the San Mateo County Association of Realtors (SAMCAR) provided information to City staff about their programs to assist renters. California Apartment Association Program CAA Tri -County members founded the Housing Industry Foundation (HIF) 30 years ago to assist families facing unforeseen circumstances that jeopardize their housing stability. HIF has an Emergency Housing Grant program that gives individuals and families up to $2,500 to assist with security deposits, rent, and/or utilities. The grants can be processed within 24 hours, and the grant is issued directly to the landlord, property manager, or the owner of the housing unit. Community members in San Mateo County are eligible to apply for the grant, which is administered by HIF's partner organizations. For Burlingame renters, HIF's local partner organization is Samaritan House. Additional information can be found at the following link: https://www.hifinfo.org/need- housing-assistance/. SAMCAR Program SAMCAR's program is less formal. They have created a task force to help place tenants who need help securing an apartment, and they provide some funding assistance if rents are raised above a certain threshold. Renters can access the SAMCAR program by contacting the Association directly at (650) 696-8200. City Funding During the budget cycle each year, the City allocates funding ($55,000 total for FY 2019-20) to various community groups that provide services to the Burlingame community. This year, the Council allocated $5,290 to Samaritan House for its Core Services programs, and another $4,925 to Samaritan House's Safe Harbor shelter. Through its homelessness prevention program, Samaritan House helps families avoid a major crisis and homelessness with emergency rent or assistance with utility bills. This helps families to avoid eviction and remain in their homes. Samaritan House housing and shelter programs are described and can be accessed through the following link: https://samaritanhousesanmateo.org/service/housing-services/. The City Council may wish to increase its contribution to Samaritan House in order to help those Burlingame renters who received no-fault eviction notices on or after October 8 when Governor Newsom signed AB 1482 into law. A City contribution of $15,000, specifically reserved for Burlingame renters, could help these tenants with security deposits and relocation assistance. FISCAL IMPACT The fiscal impact of this action is up to $15,000. The City Council's community funding programming has already been obligated for this fiscal year. Therefore, funds will need to be appropriated from undesignated fund balance during the mid -year budget update. 2 MINN AGENDA ITEM NO: 10d BURLINGAME STAFF REPORT MEETING DATE: December 2, 2019 To: Honorable Mayor and City Council Date: December 2, 2019 From: Lisa Goldman, City Manager — (650) 558-7204 Kevin Gardiner, Community Development Director — (650) 558-7253 Kathleen Kane, City Attorney — (650) 558-7204 Subject: Consideration of a Resolution Authorizing the City of Burlingame to Become an Additional Member of the California Community Housing Agency (CaICHA) RECOMMENDATION Staff recommends that the City Council consider the opportunity to become a noncharter additional member of the California Community Housing Agency (CaICHA). BACKGROUND A new bond -financing program was recently created, with the stated purpose of supporting rental housing affordable for middle and moderate -income households earning less than 120 percent of the AMI. The California Community Housing Agency (CaICHA) was formed pursuant to a joint exercise of powers agreement (the Agreement) between two original members, Kings County and the Housing Authority of Kings County. Under the auspices of this Joint Powers Agreement (JPA) agency, multi -family developments are acquired through public bond financing. The bonds are issued with a 30 -year term, with amortization beginning in year 15. Rents are capped (with maximum annual increases) for existing tenants satisfying the target AMI. For existing tenants who earn in excess of the target AMI, rents may be raised as suggested by the market (and now capped under AB 1482). Once existing tenants who earn in excess of the target AMI leave their units, the units are rented to tenants satisfying the income requirement. Therefore, how quickly the multifamily project reaches the target AMI depends on its existing tenants and the speed of turnover, as well as there being sufficient demand for the units among prospective tenants earning the target income. The JPA is exempt from property taxes on the multifamily developments it holds. In accordance with the Agreement, additional cities, counties, and other local government entities may, and have, joined CaICHA (additional members). CaICHA is authorized to issue revenue bonds and to conduct a range of activities including acquisition, ownership, maintenance, and operation of any property. Under the Agreement, bonds are issued as limited obligations of CaICHA and not of the additional member and are payable solely out of the revenues and receipts derived from the project being financed. The Agreement expressly provides that CaICHA is a public entity separate and apart from its 1 California Community Housing Agency (CaICHA) December 2, 2019 members, and that the debts, liabilities, and obligations of CaICHA do not constitute debts, liabilities, or obligations of any members. Bonds issued for any particular project will be indebtedness solely of CaICHA, and payable only from revenues of the project. The JPA Agreement states that only members of the Kings County Board of Supervisors may be voting board members of the JPA. The Board members do not receive a separate stipend, although their expenses may be reimbursed. Additional members, such as Burlingame, have no voting rights or guarantee of direct influence on the JPA's investment, policy, or operational decisions. CaICHA states that it has adopted a policy to not issue bonds for a project unless the governing body of an additional member in which the proposed project is located approves the issuance of the bonds, although this and other policies may be modified from time to time. The JPA board has retained two private entities to run the operations of the JPA. While additional members can make their wishes known, there is no structural guarantee in the JPA Agreement itself that additional member jurisdictions can control future purchases by the JPA. To participate in this new program, the City would need to become a non-voting member of CaICHA. DISCUSSION CaICHA has proposed purchasing a multifamily rental apartment complex in Burlingame for conversion to below market rate rental housing. The purchase does not include any financial investment from the City. Existing tenants who qualify would be offered below market rents that would increase at no more than 4 percent per year. As vacancies occur, new tenants would need to income qualify for the below market rate program to be eligible to lease units. As proposed by the JPA, the City could enter into a Purchase Option Agreement that allows the City, at its sole discretion, to purchase or sell the property between year 15 and year 30 (the end of the life) of the bonds. The City may also assign this purchase option to another entity, provided that assignment is approved by the JPA Board. To maintain housing affordability past 30 years, the most likely outcome would be for the City to assign its purchase option to a nonprofit housing organization. If approved by the City Council, the City will be provided with a Purchase Option Agreement for future properties in Burlingame (including but not limited to the property currently being considered). The Purchase Option agreement provides that surplus cash generated by the project may be held for the City's use if it decides to exercise the option. In order to exercise the purchase option, the City would need to pay off any remaining debt on the asset as well as fees and costs of the JPA and its managers. The JPA Board has the authority to dispose of the property at the end of the bond term if the City does not exercise a Purchase Option. CaICHA represents that it cannot sell or transfer the property during the initial 15 years and can only sell or transfer the property between years 15 and 30 with the City's approval, and that the property will be encumbered with a regulatory agreement that will be enforced by CaICHA. According to the JPA, a professional property management company with experience managing market rate and below market rate properties will manage the property. CaICHA would be acquiring an existing market rate complex. While there is no guarantee CaICHA California Community Housing Agency (CaICHA) December 2, 2019 will be selected as the buyer, passing the resolution creates future opportunities for CaICHA to acquire similar properties in Burlingame to create and preserve affordability. In evaluating the program, several considerations should be weighed against the program benefits. To provide assistance with this evaluation, staff has consulted with Bill Lowell, who has experience with the County of San Mateo Department of Housing (DOH), as well as the Home for All initiative, and has provided assistance to the City on other housing program endeavors. Attached to this staff report is a memo from Mr. Lowell outlining areas of consideration. FISCAL IMPACT No financial expenditures, liabilities, or obligations would be created by joining CaICHA or executing the purchase option agreements. However, if a project is purchased through the tax- exempt funding model, the development would be eligible for the welfare tax exemption, resulting in a loss of revenue to the City and other agencies benefitting from local taxes. While the value of the currently anticipated acquisition is unknown, an estimate of $100M for the purchase price would have losses to the City of $170,000 per year in property tax, $290,000 in loss to the County, $470,000 in loss to the State for education, and $70,000 to other County entities. Should the JPA acquire other properties in Burlingame, future property tax losses would adhere as well. If the purchase option agreement is exercised between year 15 and year 30 (the end of the life of the bonds), a fiscal impact could result from the acquisition cost. Surplus cash flow from the property could be used to offset the cost of exercising the purchase option. Exhibits: ■ Memorandum — Considerations ■ Proposed Resolution ■ Attachment A — CaICHA Joint Exercise of Powers Agreement ■ Attachment B — CaICHA Additional Member Signature Page ■ Attachment C — CaICHA Purchase Option Agreement (sample, subject to revision) ■ Attachment D — CaICHA No Liability Letter 3 Date: November 21, 2019 From: Bill Lowell Consultant To: Lisa Goldman, City Manager Kevin Gardiner, Community Development Director On November 18, 2019, Lisa Goldman, Kevin Gardiner, Council Member Michael Brownrigg and Bill Lowell met with Jordan Moss, Founder of the Catalyst Housing Group. The meeting's purpose was to review Mr. Moss's proposal for Burlingame to join a Joint Powers Authority (JPA) known as California Community Housing Agency or CaICHA so that the JPA can purchase rental properties in Burlingame. CaICHA was formed in January 2019 by Kings County and the Kings County Housing Authority. Ca1CHA's board consists of the County's Board of Supervisors which also sits as the Board of Directors for the Housing Authority. The purpose of CaICHA is to acquire large rental complexes in order to deed restrict the properties to maximum rents associated with moderate income limits and to further restrict the properties so that annual rent increases are limited to annual CPI increases with a maximum amount of 4% per annum. Ownership of the acquired properties is by the JPA. As a governmental entity, CaICHA is exempt from property taxes. The savings resulting from this tax exemption are used to lower and restrict rents and to pay for all costs associated with property and asset management. CaICHA has a potential acquisition located in Burlingame. Its by-laws require that prior to committing to a purchase, the relevant municipality must join the JPA. There are no costs associated with becoming part of the JPA. In addition to the rental savings for moderate -income households, another potential benefit is that any time from 15 years of ownership and longer, the city can take ownership of the property for the cost of the outstanding debt balance. According to the model, the property provides sufficient cash flow to meet all bond repayments plus upkeep and management. The apartment complex would then become a deed restricted housing asset for the community in perpetuity. CaICHA has completed two transactions, one in Santa Rosa and one in Fairfield. The model seeks to fill a void of subsidy availability for moderate -income households. Public subsidies are only available to projects serving households with income below 80% of Area Median Income (AMI) and, depending on the structure of the funding subsidy, below 50-60% of AMI. Households earning 80-120% of AMI (commonly referred to as moderate -income) are sometimes considered a "missing middle" because they earn too much to qualify for subsidized housing and perhaps not enough to afford market rate housing. Areas for Consideration: The model would most likely provide $100-300 per month of rent relief according to an example presented. Furthermore, rental increases would be limited to the lower of CPI or 4%. The question arises as to whether this is a good enough trade for the loss of property tax revenue. The monthly rental savings are important, but not substantial. The annual increase limitation may be less compelling as a result of the passage of AB 1482, which limits increases to 5% plus CPI up to a maximum of 10%. Is the additional potential limit on annual increases (AB 1482 limits vs. Ca1CHA limits) a sufficient trade for the lost tax revenue? 2. Would it be possible for the Ca1CHA model to also work in lower AMI bands? Would additional capital make this work? To their credit, Ca1CHA has produced a model that requires only one form of subsidy, i.e. relief from property taxes. However, renters in lower economic situations can also use rent relief. As I noted, AB 1482 is now substantially covering a cap on annual rent increases thus reducing the importance of the model's annual cap. 3. I am neither an attorney nor an accountant. Documents regarding future transfer of properties, default provisions and other unforeseen changes to the model, e.g. change of asset manger or JPA founders, should be reviewed by an attorney. 4. Is there any potential issue with the city, in effect, providing rental assistance for moderate -income households, but not lower income households who are also subject to a rapidly inflating market? Catalyst's model may also be helpful if it can be expanded to include a potential infusion of local capital in order to reach lower income renters, most of whom do not reside in below market rate apartments. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE CITY TO BECOME A NON -CHARTER ADDITIONAL MEMBER OF THE CALIFORNIA COMMUNITY HOUSING AGENCY ("CALCHA"); SUPPORTING CALCHA'S ISSUANCE OF TAX-EXEMPT BONDS FOR THE PRODUCTION, PRESERVATION, AND PROTECTION OF MIDDLE INCOME RENTAL HOUSING; AND AUTHORIZING THE CITY MANAGER TO ENTER INTO PURCHASE OPTION AGREEMENTS WITH CALCHA FOR ESSENTIAL MIDDLE-INCOME RENTAL HOUSING CREATED WITHIN CITY LIMITS WHEREAS, one of the primary goals of the City of Burlingame is to meet the growing housing needs of its residents by actively supporting the production, preservation, and protection of market -rate and affordable rental housing for all; and WHEREAS, no existing Federal or State subsidies currently exist to meaningfully address the growing shortfall of protected middle-income rental housing; and WHEREAS, CaICHA is a Joint Powers Authority created to produce, preserve, and protect quality affordable rental housing made available to California's essential middle- income workforce; and WHEREAS, CaICHA intends to acquire existing rental properties within City limits and restrict future occupancy to middle-income households earning no more than 120% of area median income; and WHEREAS, CaICHA will finance its acquisitions through the issuance of tax-exempt bonds, and in order for CaICHA to issue tax-exempt bonds in the City, Burlingame must be a non -charter Additional Member of CaICHA; and WHEREAS, the City proposes to become a non -charter Additional Member of CaICHA pursuant to Section 12 of the Joint Exercise of Powers Agreement Relating to the California Community Housing Agency; and WHEREAS, subsequent to becoming a non -charter Additional Member of CaICHA, any existing rental housing within City limits which CaICHA intends to acquire and finance with tax-exempt bonds must receive support and approval from the City; and WHEREAS, the City proposes to support and approve CalCHA'S issuance of tax- exempt bonds for the acquisition of existing rental properties as a means towards the preservation and protection of essential middle-income rental housing within City limits; and WHEREAS, CalCHA'S issuance of tax-exempt bonds will provide public benefit through the production, preservation, and protection of below -market -rate rental housing, as well as the granting of all surplus project revenues to the City; and WHEREAS, pursuant to one or more purchase option agreements (the "Purchase Option Agreements"), between CaICHA and the City, CaICHA will grant the City the option, RESOLUTION NO. but never the obligation, to purchase each essential middle-income rental housing property commencing on the date fifteen (15) years after CalCHA's acquisition of such property; and WHEREAS, the City will maintain the option to exercise such Purchase Option Agreements for a period of fourteen (14) years following the commencement dates of the Purchase Option Agreements for each essential middle-income rental housing property; and WHEREAS, the City Council desires to authorize the City Manager to enter into Purchase Option Agreements with CaICHA for all CalCHA-financed middle-income rental housing created within the City limits. NOW, THEREFORE, BE IT RESOLVED AND ORDERED: SECTION 1. The City Council authorizes the City to become a non -charter Additional Member of CaICHA and authorizes the City Manager to execute the Joint Exercise of Powers Agreement Relating to the California Community Housing Agency, subject to approval as to form by the City Attorney. SECTION 2. The City Council supports and approves CalCHA'S issuance of tax- exempt bonds as a means towards the production, preservation, and protection of essential middle-income rental housing within City limits. SECTION 3. The City Council authorizes the City Manager to enter into Purchase Option Agreements with CaICHA for all CalCHA-financed middle-income rental housing created within City limits, subject to approval as to form by the City Attorney. SECTION 4. The authority granted by the City Council pursuant to this resolution is specifically conditioned upon the City and CaICHA entering into an indemnification agreement in which CaICHA agrees to indemnify and defend the City against liabilities and litigation related to participation in CaICHA and all related agreements. The terms of the indemnification agreement shall be to the satisfaction of the City Manager and the City Attorney. SECTION 5. The City Manager is authorized to execute and deliver any documents and to perform all acts consistent with the intent of this resolution, including making any revisions, corrections, or alterations to documents referred to herein to correct minor errors or to comply with the requirements of law, as long such actions do not increase the City's obligations. Donna Colson, Mayor 2 RESOLUTION NO. 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 2"' day of December, 2019, and as adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NAYES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Meaghan Hassel -Shearer, City ATTACHMENT A JOINT EXERCISE OF POWERS AGREEMENT RELATING TO THE CALIFORNIA COMMUNITY HOUSING AGENCY THIS AGREEMENT, dated as of January 29, 2019, among the parties executing this Agreement (all such parties, except those which have withdrawn as provided herein are referred to as the "Members" and those parties initially executing this Agreement are referred to as the "Charter Members"): WITNESSETH WHEREAS, pursuant to Title 1, Division 7, Chapter 5 of the California Government Code (in effect as of the date hereof and as the same may from time to time be amended or supplemented, the "Joint Exercise of Powers Act"), two or more public agencies may by agreement jointly exercise any power common to the contracting parties; and WHEREAS, each of the Members is a "public agency" as that term is defined in Section 6500 of the Joint Exercise of Powers Act; and WHEREAS, each of the Members is empowered by law to promote economic, cultural and community development, including, without limitation, the promotion of opportunities for the creation or retention of employment, the stimulation of economic activity, the increase of the tax base, and the promotion of opportunities for education, cultural improvement and public health, safety and general welfare; and WHEREAS, each of the Members may accomplish the purposes and objectives described in the preceding preamble by various means; and WHEREAS, each Member is also empowered by law to acquire, construct, improve, operate and dispose of real property for a public purpose; and WHEREAS, the Joint Exercise of Powers Act authorizes the Members to create a joint exercise of powers entity with the authority to exercise any powers common to the Members, including but not limited to acquiring, constructing, improving, operating and disposing of real property for a public purpose, all as specified in this Agreement, and to exercise the additional powers granted to it in the Joint Exercise of Powers Act and any other applicable provisions of the laws of the State of California; and WHEREAS, a public entity established pursuant to the Joint Exercise of Powers Act is empowered to issue or execute non-recourse debt, which may include bonds, notes, commercial paper or any other evidences of indebtedness, leases, installment sale or other financing agreements or certificates of participation therein (herein "Obligations"), and to otherwise undertake financing programs under the Joint Exercise of Powers Act or other applicable provisions of the laws of the State of California to accomplish its public purposes; and 4132-5793-2569.6 Kin gs Cour, err ermr:rrt�, } '� WHEREAS, the Members have determined to specifically authorize a public entity authorized pursuant to the Joint Exercise of Powers Act to issue non-recourse Obligations pursuant to the Joint Exercise of Powers Act or other applicable provisions of the laws of the State of California; and WHEREAS, it is the desire of the Members to use a public entity established pursuant to the Joint Exercise of Powers Act to undertake the financing and/or refinancing of projects that provide, preserve and support affordable local housing for low-income, moderate -income and middle-income families and individuals within the jurisdictions of the Members, including, but not limited to, capital or working capital projects, purchase or acquisition of property, receivables, commodities, bonds, other revenue streams or assets of any kind, liability or other insurance, or retirement programs, or facilitating Members use of existing or new financial instruments and mechanisms in the furtherance of this purpose; and WHEREAS, by this Agreement, each Member desires to create and establish the "California Community Housing Agency" for the purposes set forth herein and to exercise the powers provided herein; NOW, THEREFORE, the Members, for and in consideration of the mutual promises and agreements herein contained, do agree as follows: Section 1. Purpose. This Agreement is made pursuant to the provisions of the Joint Exercise of Powers Act. The purpose of this Agreement is to establish a public entity for the joint exercise of powers common to the Members and for the exercise of additional powers given to a joint powers entity under the Joint Powers Act or any other applicable law, including, but not limited to, the issuance of non-recourse Obligations for any purpose or activity permitted under the Joint Exercise of Powers Act or any other law; provided, however that such purpose shall be solely for the acquisition, construction, rehabilitation, ownership, operation, maintenance, administration and/or financing of multifamily housing for low-income, moderate -income and middle-income families and individuals (the "Purpose"). Such Purpose will be accomplished and said power exercised in the manner hereinafter set forth. Section 2. Term. This Agreement shall become effective in accordance with Section 17 as of the date hereof and shall continue in full force and effect until such time as it is terminated in writing by all the Members; provided, however, that this Agreement shall not terminate or be terminated until all Obligations issued or caused to be issued by the Agency (defined below) shall no longer be outstanding under the terms of the indenture, trust agreement, resolution or other instrument pursuant to which such Obligations are issued. 2 4132-5793-2569.6 Section 3. A enc . A. CREATION AND POWERS OF AGENCY. Pursuant to the Joint Exercise of Powers Act, there is hereby created a public entity to be known as the "California Community Housing Agency" (the "Agency"), and said Agency shall be a public entity separate and apart from the Members. Its debts, liabilities and obligations do not constitute debts, liabilities or obligations of any Members, and the Obligations of the Agency shall only be non-recourse obligations. M-100596101MV The Agency shall be administered by the Board of Directors (the "Board," or the "Directors" and each a "Director") whose members shall be, at all times, members of the Board of Supervisors (the "Board of Supervisors") of Kings County, California, with each such Director serving in his or her individual capacity as Director of the Board. The term of office as a member of the Board shall terminate when such member shall cease to be a member of the Board of Supervisors and the successor to such member of the Board of Supervisors shall become a member of the Board. Notwithstanding the preceding paragraph, the Board may by resolution or bylaws provide for changes in the qualifications, composition and number of Directors, the appointment of Directors, successors, their respective terms of office and any other provisions relating to the qualification and office of the Directors, including provision for alternative Directors (in which case all references in this Agreement to any Director shall be deemed to refer to and include the applicable alternate Director, if any, when so acting in place of a regularly appointed Director). The Board shall be the administering agency of this Agreement and, as such, shall be vested with the powers set forth herein, and shall administer this Agreement in accordance with the purposes and functions provided herein. Directors shall not receive any compensation for serving as such, but shall be entitled to reimbursement for any expenses actually incurred in connection with serving as a. Director, if the Board shall determine that such expenses shall be reimbursed and there are unencumbered funds available for such purpose. C. OFFICERS; DUTIES; OFFICIAL BONDS. The officers of the Agency shall be the Chair, Vice -Chair, Secretary and Treasurer (defined below). The Board, in its capacity as administering agent of this Agreement, shall elect a Chair, a Vice -Chair, and a Secretary of the Agency from among Directors to serve until such officer is re-elected or a successor to such office is elected by the Board. The Board shall appoint one or more of its officers or employees to serve as treasurer, auditor, and controller of the Agency (the "Treasurer") pursuant to Section 6505.6 of the Joint Exercise of Powers Act to serve until such officer is re-elected or a successor to such office is elected by the Board. 3 4132-5793-2569.6 Subject to the applicable provisions of any resolution, indenture, trust agreement or other instrument or proceeding authorizing or securing Obligations (each such resolution, indenture, trust agreement, instrument and proceeding being herein referred to as an "Indenture") providing for a trustee or other fiscal agent, and except as may otherwise be specified by resolution of the Board, the Treasurer is designated as the depositary of the Agency to have custody of all money of the Agency, from whatever source derived and shall have the powers, duties and responsibilities specified in Sections 6505, 6505.5 and 6509.5 of the Joint Exercise of Powers Act. The Treasurer of the Agency is designated as the public officer or person who has charge of, handles, or has access to any property of the Agency, and such officer shall file an official bond with the Secretary of the Agency in the amount specified by resolution of the Board but in no event less than $1,000. The Board shall have the power to appoint such other officers and employees as it may deem necessary and to retain independent counsel, consultants and accountants. The Board shall have the power, by resolution, to the extent permitted by the Joint Exercise of Power Act or any other applicable law, to delegate any of its functions to one or more of the Directors or officers, employees or agents of the Agency and to cause any of said Directors, officers, employees or agents to take any actions and execute any documents or instruments for and in the name and on behalf of the Board or the Agency. D. MEETINGS OF THE BOARD. (1) Ralph M. Brown Act. All meetings of the Board, including, without limitation, regular, adjourned regular, special, and adjourned special meetings shall be called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act (commencing with Section 54950 of the Government Code of the State of California), or any successor legislation hereinafter enacted (the "Brown Act"). (2) Regular Meetings. The Board shall provide for its regular meetings; provided, however, it shall hold at least one regular meeting each year. The date, hour and place of the holding of the regular meetings shall be fixed by resolution of the Board. To the extent permitted by the Brown Act, such meetings may be held by telephone conference. (3) Special Meetings. Special meetings of the Board may be called in accordance with the provisions of Section 54956 of the Government Code of the State of 0 4132-5793-2569.6 California. To the extent permitted by the Brown Act, such meetings may be held by telephone conference. (4) Minutes. The Secretary of the Agency shall cause to be kept minutes of the regular, adjourned regular, special, and adjourned special meetings of the Board and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each Director. (5) Quorum. A majority of the Board shall constitute a quorum for the transaction of business. No action may be taken by the Board except upon the affirmative vote of a majority of the Directors present at the meeting, except that less than a quorum may adjourn a meeting to another time and place. E. RULES AND REGULATIONS. The Agency may adopt, from time to time, by resolution of the Board such bylaws, policies or rules and regulations for the conduct of its meetings and affairs as may be required. Section 4. Powers. The Agency shall have the power, in its own name, to exercise the common powers of the Members and to exercise all additional powers given to a joint powers entity under any of the laws of the State of California, including, but not limited to, the Joint Exercise of Powers Act, for the Purpose authorized under this Agreement. Such powers shall include the common powers specified in this Agreement and may be exercised in the manner and according to the method provided in this Agreement. The Agency is hereby authorized to do all acts necessary for the exercise of such power, including, but not limited to, any of all of the following: to make and enter into contracts; to employ agents and employees; to acquire, construct, improve, own, maintain and operate, or provide for maintenance and operation, and sell, lease, pledge, assign, mortgage or otherwise dispose, of any property, improvements, commodities, leases, contracts, receivables, bonds or other revenue streams or assets of any kind relating to the Purpose; to exercise the power of condemnation; to incur debts, liabilities or obligations; to receive gifts, contributions and donations of property, funds, services, and other forms of assistance from person, firms, corporations and any governmental entity; to sue and be sued in its own name; to establish and collect fees; to form public benefit nonprofit corporations or other affiliate entities to accomplish any of its Purposes; to make grants, loans or provide other financial assistance to governmental, nonprofit and for profit organizations to accomplish any of its Purposes; and generally to do any and all things necessary or convenient to accomplish its Purposes. The boundaries of the Agency shall encompass the boundaries of all the Members and the powers of the Agency may be exercised anywhere within those boundaries or to the extent permitted by the laws of the State of California, including, but not limited to the Joint Exercise of Powers Act, 4132-5793-2569.6 outside of those boundaries, which may be outside of the State of California, provided that the power of condemnation may only be exercised within the jurisdictional boundaries of the Charter Members. Without limiting the generality of the foregoing, the Agency may issue or cause to be issued Obligations, and pledge any property, contracts or revenues as security to the extent permitted under the Joint Exercise of Powers Act, or any other applicable provision of law. The manner in which the Agency shall exercise its powers and perform its duties is and shall be subject to the restrictions upon the manner in which a California county could exercise such powers and perform such duties. The manner in which the Agency shall exercise its powers and perform its duties shall not be subject to any restrictions applicable to the manner in which any other public agency could exercise such powers or perform such duties, whether such agency is a party to this Agreement or not. Section 5. Fiscal Year. For the purposes of this Agreement, the term "Fiscal Year" shall mean the fiscal year as established from time to time by resolution of the Board, being, at the date of this Agreement, the period from July 1 to and including the following June 30, except for the first Fiscal Year which shall be the period from the date of this Agreement to June 30, 2019. Section 6. Disposition of Assets. At the end of the term hereof or upon the earlier termination of this Agreement as set forth in Section 2, after payment of all expenses and liabilities of the Agency, all property of the Agency both real and personal shall automatically vest in the Members in the manner and amount determined by the Board in its sole discretion and shall thereafter remain the sole property of the Members; provided, however, that any surplus money on hand shall be returned in proportion to the contributions made by the Members. Section 7. OblilZations. From time to time the Agency shall issue Obligations, in one or more series, for the purpose of exercising its powers and raising the funds necessary to carry out its Purposes under this Agreement, including but not limited to acquiring, constructing, improving, operating and disposing of real property for a public purposes. The services of bond counsel, financing consultants and other consultants and advisors working on the projects and/or their financing or refinancing or on post -issuance compliance or administration may be used by the Agency. The expenses of the Board shall be paid from the proceeds of the Obligations, payments made by Obligation obligors or other third parties, or any other unencumbered funds of the Agency available for such purpose. 4132-5793-2569.6 Section 8. Obligations Only Limited and Special Obligations of Agency. The Obligations, together with the interest and premium, if any, thereon, shall not be deemed to constitute a debt of any Member or pledge of the faith and credit of the Members or the Agency. The Obligations shall be only special non-recourse obligations of the Agency, and the Agency shall under no circumstances be obligated to pay the Obligations except from revenues and other funds pledged therefor. Neither the Members nor the Agency shall be obligated to pay the principal of, premium, if any, or interest on the Obligations, or other costs incidental thereto, except the Agency from the revenues and funds pledged and available therefor, and neither the faith and credit nor the taxing power of the Members nor the faith and credit of the Agency shall be pledged to the payment of the principal of, premium, if any, or interest on the Obligations nor shall the Members or the Agency in any manner be obligated to make any appropriation for such payment. No covenant or agreement contained in any Obligation or related document shall be deemed to be a covenant or agreement of any Director, or any officer, employee or agent of the Agency in his or her individual capacity, and neither the Board of the Agency nor any Director or officer thereof executing the Obligations shall be liable personally on any Obligation or be subject to any personal liability or accountability by reason of the issuance of any Obligations. Section 9. Accounts and Reports. All funds of the Agency shall be strictly accounted for. The Agency shall establish and maintain such funds and accounts as may be required by good accounting practice and by any provision of any Indenture (to the extent such duties are not assigned to a trustee of Obligations). The books and records of the Agency shall be open to inspection at all reasonable times by each Member. The Treasurer of the Agency shall cause an independent audit to be made of the books of accounts and financial records of the Agency by a certified public accountant or public accountant in compliance with the provisions of Section 6505 of the Joint Exercise of Powers Act. In each case the minimum requirements of the audit shall be those prescribed by the State Controller for special districts under Section 26909 of the Government Code of the State of California and shall conform to generally accepted auditing standards. When such an audit of accounts and records is made by a certified public accountant or public accountant, a report thereof shall be filed as a public record with each Member and also with the county auditor of each county in which a Member is located; provided, however, that to the extent permitted by law, the Agency may, instead of filing such report with each Member and such county auditor, elect to post such report as a public record electronically on a website designated by the Agency. Such report if made shall be filed within 12 months of the end of the Fiscal Year or Years under examination. The Treasurer is hereby directed to report in writing on the first day of July, October, January, and April of each year to the Board and the Charter Members which report shall describe the amount of money held by the Treasurer for the Agency, the amount of receipts since the last such report, and the amount paid out since the last such report (which may exclude 7 4132-5793-2569.6 amounts held by a trustee or other fiduciary in connection with any Obligations to the extent that such trustee or other fiduciary provided regular reports covering such amounts.) Any costs of the audit, including contracts with, or employment of, certified public accountants or public accountants in making an audit pursuant to this Section, shall be borne by the Agency and shall be a charge against any unencumbered funds of the Agency available for that purpose. In any Fiscal Year the Board may, by resolution adopted by unanimous vote, replace the annual special audit with an audit covering a two-year period. Section 10. Funds. Subject to the applicable provisions of any Indenture, which may provide for a trustee or other fiduciary to receive, have custody of and disburse Agency funds, the Treasurer of the Agency shall receive, have the custody of and disburse Agency funds pursuant to the accounting procedures developed under Sections 3.0 and 9, and shall make the disbursements required by this Agreement or otherwise necessary to carry out any of the provisions of purposes of this Agreement. Section 11. Notices. Notices and other communications hereunder to the Members shall be sufficient if delivered to the clerk of the governing body of each Member; provided that, to the extent permitted by law, the Agency may provide notices and other communications and postings electronically (including, without limitation, through email or by posting to a website). Section 12. Additional Members/Withdrawal of Members. Qualifying public agencies may be added as parties to this Agreement and become Charter Members upon: (1) the filing by such public agency with the Agency of an executed counterpart of this Agreement, together with a copy of the resolution of the governing body of such public agency approving this Agreement and the execution and delivery hereof; and (2) adoption of a resolution of the Board approving the addition of such public agency as a Charter Member. Upon satisfaction of such conditions, the Board shall file such executed counterpart of this Agreement as an amendment hereto, effective upon such filing. Qualifying public agencies may also be added as Non -Charter Members ("Additional Members") of the Agency upon: (1) the filing by such public agency with the Agency of a resolution of the governing body of such public agency requesting to be added as an Additional Member of the Agency, and (2) adoption of a resolution of the Board approving the addition of such public agency as an Additional Member. An Additional Member may limit in the aforementioned resolution the scope of its Additional Membership to what is necessary or appropriate to facilitate the financing or refinancing of one or more specified projects or programs. 4132-5793-2569.6 A Member may withdraw from this Agreement upon written notice to the Board; provided, however, that at least one Member shall be a Charter Member and no such withdrawal shall result in the dissolution of the Agency so long as any Obligations remain outstanding. Any such withdrawal shall be effective only upon receipt of the notice of withdrawal by the Board, which shall acknowledge receipt of such notice of withdrawal in writing and shall file such notice as an amendment to this Agreement effective upon such filing. Section 13. Indemnification. To the full extent permitted by law, the Board may authorize indemnification by the Agency of any person who is or was a Director or an officer, employee or other agent of the Agency, and who was or is a party or is threatened to be made a party to a proceeding by reason of the fact that such person is or was such a Director or an officer, employee or other agent of the Agency, against expenses, including attorneys fees, judgments, fines, settlements and other amounts actually and reasonably incurred in connection with such proceeding, if such person acted in good faith in a manner such person reasonably believed to be in the best interests of the Agency and, in the case of a criminal proceeding, had no reasonable cause to believe the conduct of such person was unlawful and, in the case of an action by or in the right of the Agency, acted with such care, including reasonable inquiry, as an ordinarily prudent person in a like position would use under similar circumstances. The Board may purchase a policy or policies of insurance in furtherance of any indemnification obligation created or otherwise in protection of Directors, officers, employees or other agents. Section 14. Contributions and Advances. Contributions or advances of public funds and of the use of personnel, equipment or property may be made to the Agency by the Members for any of the Purposes of this Agreement. Payment of public funds may be made to defray the cost of any such contribution or advance. Any such advance may be made subject to repayment, and in such case shall be repaid, in the manner agreed upon by the Agency and the Member making such advance at the time of such advance. It is mutually understood and agreed to that no Member has any obligation to make advances or contributions to the Agency to provide for the costs and expenses of administration of the Agency, even though any Member may do so. The Members understand and agree that a portion of the funds of the Agency that otherwise may be allocated or distributed to the Members may instead be used to make grants, loans or provide other financial assistance to governmental units and to nonprofit organizations to accomplish any of the governmental unit's or nonprofit organization's purposes. Section 15. Immunities. All of the privileges and immunities from liabilities, exemptions from laws, ordinances and rules, and other benefits which apply to the activity of officers, agents or employees of Members when performing their respective functions within the territorial limits of their respective public agencies, shall apply to the same degree and extent to the Directors, officers, employees, agents or other representatives of the Agency while engaged in the performance of any of their functions or duties under the provisions of this Agreement. 4132-5793-2569.6 Section 16. Amendments. Except as provided in Sections 3B and 12 above, or to cure any error, omission or ambiguity in this Agreement, this Agreement shall not be amended, modified, or altered except with (i) written consent of all holders of any outstanding bonds of the Agency, (ii) written consent of each of Charter Member, and (iii) negative consent of each Additional Member. To obtain the negative consent of each such Additional Member, the following negative consent procedure shall be followed: (a) the Agency shall provide each such Additional Member with a notice at least sixty (60) days prior to the date such proposed amendment is to become effective explaining the nature of such proposed amendment and this negative consent procedure; (b) the Agency shall provide each such Additional Member who did not respond a reminder notice with a notice at least thirty (30) days prior to the date such proposed amendment is to become effective; and (c) if no such Additional Member objects to the proposed amendment in writing within sixty (60) days after the initial notice, the proposed amendment shall become effective with respect to all Members. Section 17. Effectiveness. This Agreement shall become effective and be in full force and effect and a legal, valid and binding obligation of each of the Members on the date that the Board shall have received from two of the Charter Members an executed counterpart of this Agreement, together with a certified copy of a resolution of the governing body of each such Charter Member approving this Agreement and the execution and delivery hereof. Section 18. Partial Invalidity. If any one or more of the terms, provisions, promises, covenants or conditions of this Agreement shall to any extent be adjudged invalid, unenforceable, void or voidable for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, promises, covenants and conditions of this Agreement shall not be affected thereby, and shall be valid and enforceable to the fullest extent permitted by law. Section 19. Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties hereto. Except to the extent expressly provided herein, no Member may assign any right or obligation hereunder without the consent of the other Members. Section 20. Miscellaneous. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. The section headings herein are for convenience only and are not to be construed as modifying or governing the language in the section referred to. 10 4132-5793-2569.6 Wherever in this Agreement any consent or approval is required, the same shall not be unreasonably withheld. This Agreement shall be governed under the laws of the State of California. This Agreement is the complete and exclusive statement of the agreement among the Members, which supersedes and merges all prior proposals, understandings, and other agreements, whether oral, written, or implied in conduct, between and among the Members relating to the subject matter of this Agreement. ll 4132-5793-2569.6 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their duly authorized representatives as of the day and year first above written. Charter Member: KINGS COUNTY By Name: Yde Neves Title: J( hairman JAN 2 9 2019 ATTEST: { B, Y Name: Melanie Curtis Title: Deputy Clerk to the Board of Supervisors Charter Member: HOUSING AUTHORITY OF THE COU0)re TY OF KINGS By WO�-4 Name', Joe Neves Title% Chairman Name Title: 4132-5793-2569.6 12 ATTACHMENT B IN WITNESS WHEREOF, the Additional Members hereto have caused this Agreement to be executed and attested by their proper officers thereunto duly authorized. Dated: Additional Member Name: By: Its: ATTEST: By: Its: [Signature Page to Joint Powers Agreement Relating to the California Community Housing Agency] ATTACHMENT C RECORDING REQUESTED BY California Community Housing Agency WHEN RECORDED RETURN TO: Orrick, Herrington & Sutcliffe LLP 405 Howard Street San Francisco, CA 94105 Attention: Jesse Albani PURCHASE OPTION AGREEMENT By and Between CALIFORNIA COMMUNITY HOUSING AGENCY and CITY OF [CITY] Dated as of [DATE] Relating to CALIFORNIA COMMUNITY HOUSING AGENCY ESSENTIAL HOUSING REVENUE BONDS, [SERIES] ([PROPERTY NAME]) and CALIFORNIA COMMUNITY HOUSING AGENCY SUBORDINATE ESSENTIAL HOUSING REVENUE BONDS, [SERIES] ([PROPERTY NAME]) 4156-7346-8947.9 PURCHASE OPTION AGREEMENT This PURCHASE OPTION AGREEMENT ("Option Agreement ") is made effective as of [DATE] ("Effective Date") by and between the CALIFORNIA COMMUNITY HOUSING AGENCY a joint exercise of powers agency organized and existing under the laws of the state of California (including its successors and assigns, "Owner") and City of [CITY] ("Host "). BACKGROUND WHEREAS, the Owner proposes to issue Bonds (as hereinafter defined) to finance Owner's acquisition of the certain multifamily rental housing project (the "Project") located at [ADDRESS] in [CITY], California, located on the real property site described in Exhibit A hereto; and WHEREAS, the Owner intends to offer the Project to the Host pursuant to this Option Agreement. AGREEMENT In consideration of the mutual covenants herein contained, and such other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, Owner and Host mu- tually agree as follows: Section 1. Grant of Option. Owner hereby grants to Host an option ("Option") to pur- chase the Optioned Property (as herein defined) upon payment of the Option Price (as herein pro- vided) within the Option Term (as herein defined) and in compliance with and observance of all of the terms and conditions of this Option Agreement. Section 2. Definitions. Capitalized terms used in this Option Agreement shall have the meanings assigned to them in this Section 2; capitalized terms used in this Option Agreement and not defined in this Section 2 or elsewhere herein shall have the meanings assigned to them in the Indenture (herein defined). (a) "Authority Indemnified Parties" — the Owner and each of its officers, governing members, directors, officials, employees, attorneys, agents and members. (b) "Bonds" — collectively, (i) the. California Community Housing Agency Essential Housing Revenue Bonds, [SERIES] ([PROPERTY NAME]) (the "Series A Bonds"), and (ii) the California Community Housing Agency Subordinate Essential Housing Revenue Bonds, [SERIES] ([PROPERTY NAME]) (the "Series B Bonds"), with such other series and sub - series designations as may be set forth in the Indenture, originally issued to finance Owner's ac- quisition of the Project and related transaction costs. (c) "Bond Trustee" — Wilmington Trust, National Association or any successor trus- tee under the Indenture. (d) "Closin ' — shall have the meaning set forth in Section 9 hereof. 4156-7346-8947.9 (e) "Conveyance" — that transaction or series of transactions by which Owner shall transfer, bargain, sell and convey any and all right, title or interest in and to the Optioned Property to Host. (f) "Extraordinary Costs and Expenses" — shall have the meaning set forth in the Indenture. (g) "Indenture" — the Indenture of Trust dated as of [DATE] between Owner, as is- suer, and the Bond Trustee, as trustee, pursuant to which the Bonds were issued. (h) "Manager" — Catalyst Housing Group LLC and its successors and assigns. (i) "Option Price" — the sum of the amounts set forth below: i. an amount sufficient to either prepay, redeem in whole or fully defease for redemption on the earliest call date all Project Debt; plus ii. any fees or other amounts not identified in clause (i) that may be necessary to effect the complete release from and discharge of any lien, mortgage or other en- cumbrance on the Optioned Property; plus iii. any amounts due to Owner (including the Authority Indemnified Persons, as provided in the Indenture), the Bond Trustee or any predecessor or successor, or any other Person under any indenture, loan agreement, bond, note or other instrument re- lating to any Satisfied Indebtedness (including, without limitation, indemnification amounts, Owner's Extraordinary Costs and Expenses, recurrent and extraordinary fees and expenses, and reimbursable costs and expenses of any kind or nature); plus iv. Transaction Costs; minus V. The amount of any Project Debt assumed by Host; and minus vi. Any funds held by or for Owner under the Indenture applied to the retire- ment of Project Debt. (j) "Option Exercise Date" — the date fifteen (15) years from the issuance of the Bonds. (k) "Option Term"— shall commence on the Option Exercise Date and, if not exer- cised, shall terminate at 11:59 p.m. local time on the date that is fourteen (14) years from the Option Exercise Date. (1) "Optioned Property" — means all of Owner's right, title and interest (which in- cludes fee simple title to the real property) in and to all property and assets used in or otherwise related to the operation of the Project including, without limitation, all real property and interests in real property, all tangible and intangible personal property including furniture, fixtures, equip- ment, supplies, intellectual property, licenses, permits, approvals, and contractual rights of any 4156-7346-8947.9 kind or nature together with the right to own and carry on the business and operations of the Pro- ject. (m) "Outstanding" — with respect to Bonds, as of any given date, all Bonds which have been authenticated and delivered by the Trustee under the Indenture, except: (i) Bonds can- celled at or prior to such date or delivered to or acquired by the Trustee or prior to such date for cancellation; (ii) Bonds deemed to be paid in accordance with Article VIII of the Indenture; and (iii) Bonds in lieu of which other Bonds have been authenticated under the Indenture. (n) "Project Debt" — any debt secured by the Project and incurred to finance or re- finance Owner's acquisition of the Project and related transaction costs, including any portion of the Bonds and any bonds, notes or other indebtedness issued by Owner to refund the Bonds in whole or in part. (o) "Transaction Costs" — to the extent not otherwise described herein, any costs or expenses of any kind or nature associated with or incurred by Owner and Host in connection with the consummation of the Conveyance, any refinancing of the Project or assumption of Project Debt regardless of whether such costs and expenses are customarily borne by the seller or purchaser in any such transaction, including but not limted to taxes, recording fees and other impositions, Owner's and Host's legal and other professional fees, fees for verification agents, bidding agents, escrow agents, custiodians or trustees, assumption fees, prepayment fees, the cost of the appraisal, surveys, inspections, title commitments, title insurance premiums and other title -related fees, and all amounts required for indemnification of Authority, Trustee and Manager. Section 3. Effectiveness; Term and Termination. The Option shall become effective on the Option Exercise Date and may be exercised during the Option Term. Owner agrees that it will not enter into any agreement to sell all or any part of the Optioned Property during the Option Term, without the specific written request of the Host and written consent of the Owner, which consent shall not be unreasonably withheld, and delivery of an Opinion of Bond Counsel to the Owner substantially to the effect that such sale will not, in and of itself, adversely affect the exclu- sion of interest on the Bonds from gross income for purposes of federal income taxation. After expiration of the Option Term, Host shall not be precluded from purchasing all or any portion of the Optioned Property from Owner at a price and on the terms agreed upon by Host and Owner, but Owner shall not be precluded from seeking or agreeing to sell, or consummating the sale of, all or any portion thereof to any third person. Section 4. Manner of Exercise. (a) Owner's Notice. At least six (6) months prior to the Option Exercise Date, Owner shall provide Host notice of the Option Exercise Date; provided, however, that failure to provide such notice shall not affect the sufficiency or validity of any proceedings taken in connection with the exercise of the Option. (b) Host's Notice. To exercise the Option, Host shall provide a notice (an "Exercise Notice") to Owner at any time prior to the end of the Option Term. 4156-7346-8947.9 (c) Owner's Response. Within fifteen (15) business days of its receipt of the Exercise Notice, Owner shall provide Host with written estimate of the amounts comprising the Option Price. (d) Host's Response. Within fifteen (15) business days of its receipt of Owner's es- timate under Subsection (c), Host shall notify Owner in writing either (i) that it is withdrawing its Exercise Notice, or (ii) that it intends to proceed with the purchase of the Optioned Property. (e) Fixing of Option Price; Contractual Obligation. Unless Host notifies Owner in writing that it is withdrawing its Exercise Notice within fifteen (15) business days of its receipt of Owner's estimate under Section 4(c) hereof, Host shall deliver to Owner a purchase agreement therefor in form and substance satisfactory to Owner and its counsel subject to the terms and con- ditions of this Option Agreement. Unless Owner shall have objected to the form of purchase agree- ment within fifteen (15) business days of its receipt thereof, Owner shall be deemed to have ac- cepted the terms of the purchase agreement without the need for the signature of Owner thereon, and Host shall be obligated to purchase and Owner shall be obligated to sell and convey to Host good and marketable title to the Optioned Property at the Option Price within ninety (90) days thereafter. Section 5. Determination of Option Price. Unless the parties otherwise agree, Owner shall cooperate with Host and provide Host with all information and records in its possession, and access to counsel and other professionals, to assist Host in determining and updating the Option Price. Section 6. Surplus Cash. The Owner shall cause the Trustee to create an account (the "Excess Revenue Fund") under (i) the Indenture or (ii) in the event that the Bonds have been retired and the Indenture discharged, a separate trust agreement identifying Owner as trustor, a trustee selected by Owner as trustee, and Host as beneficiary, into which excess revenue over expenses shall be deposited. Upon the commencement of the Option Term, after full payment of the fees, charges and expenses of the Owner and the Trustee and other amounts required to be paid pursuant to the Indenture or other documents relating to then -outstanding Project Debt, amounts remaining in the Excess Revenue Fund shall be transferred to the Host. Thereafter, amounts in the Excess Revenue Fund shall be transferred to the Host periodically. The Host shall apply amounts in the Excess Revenue Fund to the payment of the Option Price and thereafter shall apply such funds in its sole discretion. Section 7. Terms of Conveyance. (a) The Conveyance shall be in the nature of a grant deed in which Owner shall de- liver one or more deeds, bills of sale, or other instruments of transfer without recourse or warranty of any kind or nature. (b) The Optioned Property will be conveyed to Host in AS IS CONDITION, WITH ALL FAULTS, and without representations or warranties of any kind or nature as to the condition of the Property. Host acknowledges that Owner will convey the Optioned Property AS IS and that OWNER IS MAKING NO WARRANTIES AND REPRESENTATIONS, EXPRESS OR IM- PLIED, with reference to the condition of the Property. HOST WAIVES ANY AND ALL 4156-7346-8947.9 CLAIMS AGAINST OWNER, INCLUDING BUT NOT LIMITED TO, CLAIMS BASED IN PART, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, STRICT LIABILITY AND STRICT RESPONSIBILITY, IN CONTRACT, IN WARRANTY, IN EQUITY, OR UNDER ANY STATUTE, LAW OR REGULATION ARISING DIRECTLY OR INDIRECTLY OUT OF ANY CONDITION OF THE PROPERTY. (c) There shall be no partial transfer and that, upon consummation of the Convey- ance, Owner shall be fully divested of any and all right, title or interest in and to the Optioned Property. (d) Upon payment of the Option Price, as adjusted for any prorations, credits and charges, Owner shall convey title to the Optioned Property by quit claim deed reasonably satisfac- tory in form and substance to Host. Section S. Closin . The closing of the Conveyance ("Closin ') shall take place not later than the ninetieth (90t'') calendar day following the date on which the parties agree on the terms of the purchase agreement pursuant to Section 4(e) hereof at such time within normal business hours and at such place as may be designated by Host. (a) Prorations. All general and special real property taxes and assessments, and rents shall be prorated as of the Closing, with Host responsible for all such items to the extent arising or due at any time following the closing. General real property taxes shall be prorated at the time of Closing based on the net general real property taxes for the year of Closing. (b) Limitation. If, after taking into account all adjustments and prorations, the net amount due Owner at Closing is less than the Option Price, the Option Price, as the case may be, shall instead be the Option Price, it being understood and agreed that in no event shall Owner receive proceeds less than the amount necessary to fully retire or defease, as the case may be, the Series A Bonds and the Series B Bonds and otherwise satisfy all of the payments constituting the components of the Option Price. Section 9. Recording. This Option Agreement, and any amendment thereto, shall be recorded with the recorder's office of the County of Solano; provided, that in the event Host fails to exercise the Option, then upon termination of the term of this Option Agreement, Host shall cooperate with Owner to remove any such recorded Option Agreement or amendment thereto from title to the Optioned Property upon Owner's reasonable request therefor and, in any event, by no later than thirty (30) days after the expiration of the original term of this Option Agreement. In the event that, within said time, Host fails to so cooperate and provide its original signature to a ter- mination of such recorded Option Agreement or amendment thereto, then Host hereby irrevocably constitutes and appoints Owner as Host's true and lawful attorney (and agent -in -fact) to execute in Host's name any such termination. Section 10. Possession. Physical possession of the Optioned Property shall be delivered to Host at the time of Closing. Section 11. Title Insurance, Title Defects. 4156-7346-8947.9 (a) Within fifteen (15) business days after it receives the Option Exercise Notice, Owner shall provide Host with a title commitment (the "Title Commitment") in the customary ALTA form of Standard Owner's Policy of Title Insurance in Host's favor, for the amount equiv- alent to the Option Price (whichever is applicable), with a commitment to insure good and mar- ketable fee simple title to the Optioned Property in Host, issued by a title insurance company li- censed to do business in the State of California and acceptable to Host (the "Title Company'). The policy shall show the status of title to the Optioned Property and show all exceptions, including easements, restrictions, rights-of-way, covenants, reservations, and other conditions of record, if any, affecting the subject real estate. Accompanying the Title Commitment, Owner shall also have Title Company furnish Host with true, correct, complete, and legible copies of all documents af- fecting title to the subject real estate. The cost and expense of such Standard Owner's Title Com- mitment shall be payable as a Transaction Cost. Host shall pay the additional premium due if Host elects to obtain an extended coverage policy of title insurance and/or extended coverage endorse- ments. Owner shall cooperate with Host, at no expense to Owner, by providing an affidavit to Title Company to induce Title Company to issue to Host at Closing a "GAP" endorsement to the Title Commitment showing the effective date of the Title Commitment to be the time and date of Clos- ing. (b) If the Title Commitment shows exceptions to title which are unacceptable to Host, Host shall, within ten (10) business days after receipt of the Title Commitment and not later than twenty (20) business days before the date for Closing, notify Owner of such fact and Owner shall have twenty (20) business days after Owner receives Host's written objections to cure such defects and to present a Title Commitment on the basis of which Closing may occur or to notify Host that Owner will not cure same. If Owner cannot or will not cure such defects within such twenty (20) day period and thereafter convey title to the Property as required in this Agreement, then Host shall have the right (at Host's option) to either: (i) Rescind the Option Exercise Notice and Owner may proceed to close the sale under the terms of the third -party offer, if there is a third -party offer; or (ii) Accept whatever title Owner can or will convey, without reduction in the purchase price because of such title defects. Any exceptions to title disclosed on the Title Commitment to which Host does not timely object to in writing or to which Host objects but thereafter accepts by Closing shall be included as a "Permitted Exception." Section 12. Assignment. The Host shall not assign the Option without the prior written consent of the Owner, which consent shall not be unreasonably withheld, and delivery of an Opin- ion of Bond Counsel to the Owner substantially to the effect that such assignment will not, in and of itself, adversely affect the exclusion of interest on the Bonds from gross income for purposes of federal income taxation. Notwithstanding the foregoing, neither party to this Option Agreement shall assign its interests, obligations, rights and/or responsibilities under this Option Agreement without the prior written consent of the other party. Section 13. No Individual Liability. No Authority Indemnified Person shall be individ- ually or personally liable for the payment of any sum hereunder or be subject to any personal liability or accountability by reason of the execution and delivery of this Option Agreement , or 4156-7346-8947.9 by any proceedings for the determination of the Option Price, or Host's exercise or waiver of same, or otherwise except in the case of such Authority Indemnified Person's own willful misconduct. Section 14. Notices, Governing Law, Binding Effect and Other Miscellaneous Provi- sions. (a) Notices. All notices provided for in this Option Agreement shall be in writ- ing and shall be given to Owner or Host at the address set forth below or at such other address as they individually may specify thereafter by written notice in accordance herewith: If to Owner: California Community Housing Agency 1400 W. Lacey Blvd., Building 1 Hanford, California 93230 Attention: Michael LaPierre With a copy to: Catalyst Housing Group 21 Ward Street, Suite 2 Larkspur, California 94939 Attention: Jordan Moss If to Host: City of [CITY] [ADDRESS] Attention: [NAME, DEPARTMENT] Such notices shall be deemed effective upon actual delivery or upon the date that any such delivery was attempted and acceptance thereof was refused, or if mailed, certified return receipt requested, postage prepaid, properly addressed, three (3) days after posting. (b) Consents and Approvals. All consents and approvals and waivers required or asserted hereunder shall be in writing, signed by the party from whom such consent, approval, waiver or notice is requested, provided that no written consent or approval of Owner shall be re- quired for any action that Host may, in its reasonable good faith judgment, find it necessary to take in the event of an emergency. (c) Cooperation. Owner will keep Host advised of its complete name at all times, including any change of such name. Host will keep Owner advised of its complete name at all times, including any change of such name. (d) Pronouns. Where appropriate to the context, words of one gender include all genders, and the singular includes the plural and vice versa. (e) Amendments. This Option Agreement may not be modified except in a writ- ten instrument signed by Host and Owner. (f) Complete Agreement. This Option Agreement together with all schedules and exhibits attached hereto and made part thereof supersedes all previous agreements, under- standings and representations made by or between the parties hereto. 4156-7346-8947.9 (g) Governing Law. This Option Agreement shall be governed by and con- strued in accordance with the laws of the State of California, without regard to conflicts of law principles. All claims of whatever character arising out of this Option Agreement, or under any statute or common law relating in any way, directly or indirectly, to the subject matter hereof or to the dealings between Owner and any other party hereto, if and to the extent that such claim poten- tially could or actually does involve Owner, shall be brought in any state or federal court of com- petent jurisdiction located in Kings County, California. By executing and delivering this Option Agreement, each party hereto irrevocably: (i) accepts generally and unconditionally the exclusive jurisdiction and venue of such courts; (ii) waives any defense of forum non-conveniens; and (iii) agrees not to seek removal of such proceedings to any court or forum other than as specified above. The foregoing shall not be deemed or construed to constitute a waiver by Owner of any prior notice or procedural requirements applicable to actions or claims against or involving governmental units and/or political subdivisions of the State of California that may exist at the time of and in connec- tion with such matter. (h) Legal Construction. In case any one or more of the provisions contained in this Option Agreement shall for any reason be held by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, such invalid provision shall be deemed severable, and shall not affect the validity or enforceability of any other provisions of this Option Agreement, all of which shall remain fully enforceable. (i) Term. This Agreement shall terminate upon the earlier of (a) the Convey- ance or (b) the first date on which all Project Debt has been retired and Owner has made an absolute assignment to Host of all future Surplus Cash. 0) Captions. The captions used in this Option Agreement are solely for con- venience, and shall not be deemed to constitute a part of the substance of the Option Agreement for purpose of its construction. [SIGNATURE PAGE TO FOLLOW] 4156-7346-8947.9 IN WITNESS WHEREOF, the parties have executed this Option Agreement as of the date set forth above. CALIFORNIA COMMUNITY HOUSING AGENCY CITY OF [CITY] WE Signature Page to Purchase Option Agreement 4156-7346-8947.9 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On before me, , (insert name and title of the officer) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 4156-7346-8947.9 (Seal) EXHIBIT A LEGAL DESCRIPTION OF REAL PROPERTY 4156-7346-8947.9 ATTACHMENT D May 30, 2019 California Community Housing Agency 2999 Oak Road, Suite 710 Walnut Creek, CA 94597 Attn: Michael LaPierre Re: California Community Housing Agena C Orrick Orrick, Herrington & Sutcliffe LLP The Orrick Building 405 Howard Street San Francisco, CA 94105-2669 +1 415 773 5700 orrick.com Justin Cooper E jcooper@orrick.com D +1 415 773 5908 F +1 415 773 5759 The California Community Housing Agency ("CaICHA") was formed pursuant to a Joint Exercise of Powers Agreement (the "Agreement") between two original members, Kings County and the Housing Authority of Kings County (the "Charter Members"). In accordance with Section 12 of the Agreement, additional cities, counties and other local government entities may, and have, joined CaICHA (each a Non -Charter Member or "Additional Member' and, together with the Charter Members, the "Members"). You have asked whether an Additional Member is exposed to liability by virtue of its decision to become a member of CaICHA and/or its approval of bonds proposed to be issued by CaICHA. CaICHA is a political subdivision of the State of California created under the California Joint Powers Act (California Government Code Section 6500 and following) (the "Act") and the Agreement. Pursuant to the Act and the Agreement, CaICHA is authorized to issue revenue bonds and to acquire, construct, improve, own, maintain and operate, or provide for maintenance and operation, and sell, lease, pledge, assign, mortgage or otherwise dispose, of any property. In order to meet state law, federal income tax law, and policy requirements for the issuance of certain bonds, CaICHA has adopted a policy to not issue bonds or other forms of indebtedness unless the governing body of an Additional Member (or Charter Member, as the case may be) in which the proposed project (the "Project) is located approves the issuance of bonds for the Project. 4157-7883-6252 C Orrick Page 2 Pursuant to applicable state law, CaICHA policies, and the documents providing for the issuance of bonds by CaICHA, the bonds are issued as limited obligations of CaICHA, not of any Charter Member or Additional Member, and are payable solely out of the revenues and receipts derived from the Project being financed. Specifically, Section 8 of the Agreement provides that "[t]he Bonds, together with the interest and premium, if any, thereon, shall not be deemed to constitute a debt of any Member or pledge of the faith and credit of the Members... Neither the Members nor ... shall be obligated to pay the principal of, premium, if any, or interest on the Bonds, or other costs incidental thereto..." (emphasis added). The Agreement also expressly provides that CaICHA is a public entity separate and apart from the Members, and "[i]ts debts, liabilities and obligations do not constitute debts, liabilities or obligations of any Members."' Accordingly, bonds issued for any particular Project will be indebtedness solely of CaICHA. Please do not hesitate to contact me if you have further questions with respect to this matter. Sincerely yours, ls/ Justin Cooper Justin Cooper 1 See Cal. Government Code Section 6508.1. "...the debts, liabilities, and obligations of the agency shall be debts, liabilities, and obligations of the parties to the agreement unless the agreement specifies otherwise." 4157-7883-6252 BURLINGAME Memorandum To: City Council Date: December 2, 2019 From: Mayor Donna Colson Subject: Committee Report November 14, 2019 Teacher Housing Meeting HFA • Palo Alto Educator Housing - Mercy Housing and City with other districts and pledges to build on 1.5 acres of land to build between 90-120 units available to teachers in the participating districts as well as Ravenswood, Menlo Park City District, and Sequoia Union High School District • Concerns over funding from the big tech industry and that the "contributions" are really just land contributions and short-term loans, but we may need longer0term loans up to 15 years. • How do you not violate fair housing laws. If you are having a desperate impact, but are focused on a community benefit that you have a significant interest such as housing your teaching staff (court has not weighed in on this) and if you include classified staff, this helps. • Other option is can you form a JPA to cross jurisdictional work with to develop housing. Can form separate legal entity that have own existence (CGAG, HEART, PCE) and then how do you hold accountability; distribute assets if you need to move away from the format. • What unique powers do schools have that other agencies may not have..AB 1157 amended Section 17391 of the Ed Code to provide a school district is not required to surplus land if you can use the land for teacher or school district employee housing - it is unclear if this exemption from surplus applies to the property will be used for housing or employees of other local government agencies - may need to tweak the so that if the school district employees are the major benefactor. • Notion of COPS (Certificate of Participation) financing and setting up a different entity and you designate the income from the housing to pay for the COPS - but you can only use these for Capital Outlay purposes - includes development of rental housing for school district employees (what about other employees such city employees - may not include local government agencies or counties or even College District Employees. • School Districts may issue bonds and could work together with City land and could do this, but if the city owns the land could issue lease revenue bonds or other bonds and then could prioritize city employees and school district employees as well. • Differences in Property Tax Considerations - School District and City owned land are typically exempt from property taxation. 1 Colson Committee Report December 2, 2019 • A private interest in exempt public property may create a possessory interest in the property - interest that is independent durable and exclusive of rights held by others. However, if you lease and then create a possessory interest, then your business can be taxed. • The State Board of Equalization - has long held that the employees are exempt from the possessory lease hold interest, but that may not be tested and is likely not relevant, but if you are working across jurisdictions, then you might have tax implications. • Income tax issues - everything you get from your employer is subject to tax and if housing is provided and if BMR is provided, then the value given and should be taxed. There are exemptions - about required housing, and not a condition of employment. • Exception - Lodging located in proximity, are you paying what others are being charged, annual rent equal to at least 5% of the appraised value of the lodging, employee pays adequate Future Dates Jan 9 Feb 13 March 12 April 9 Thursday, November 21, 2019 Library Burlingame Stands United Against Hate -Had over 100 people attend the Potluck and then join for the candlelight vigil Friday, November 22, 2019 Meeting Enterprise Corporation Update on the business concepts for consolidation of the rental car and repair/sales for their Burlingame business Sub -Committee recommended that we move to present detail to full Council Meeting with Mom's Against Poverty Discussion around CCFD Toy Drive and needs for Dec 15 wrap day Update on local work and funding activities Meeting with BHS Parent Group Representative • Update on funding and other BHS priorities as well as feedback from Burlingame Stands United Against Hate Meeting with the Burlingame Audit Team Met with the Audit team at Maze and staff who provided an update on the Burlingame CAFR 2 Colson Committee Report Monday, November 25, 2019 HCDC Meeting December 2, 2019 • DOH Ken Cole moving over to Director of Human Services • Ray Hodges is the new interim Director of DOH • Rose Cade moved to Alameda County • NOFA Funding Update • FY 19/20 - Several projects completed - o Colma Vets 65 Units committed $1.2 MM and $3.3 HFA and opened in October almost all have HUD vouchers either homeless or at risk o Bay Oaks Rehab 38 Unit existing multi -family complete o Rotary Terrace Senior SSF for VLI and ELI opened in September o Arroyo Green - $9 MM funding and just broke ground 100% senior housing and childcare center on site - Located in RWC o Bay Meadows - Just began construction 67 units affordable family housing located next to Hillsdale Caltrain and part of Bay Meadows master plan o Redwood Oaks - HIP Housing Revolving loan funds (Rehab) - removing swimming pool and adding housing/office FY 2020/21 HUD Funding and NOFA Schedule o Estimates for approving our funding priorities - the dollar amount is determined in April FY 2020 State ESG funding (Emergency Solutions Grants) o State has Federal block grants that will work from County - we will see some directly ourselves, but this will be handled by the County Funding Priorities GY 2020/21 Annual Action Plan Funding Priorities o Homeless - 1,512 people but increased to 1,253 in 2017 and 2013 was the highest of over 2,000 o Unsheltered 637 to 901 was people living in cars o Have asked for presentation to HCDC with shorter version that can go to the City Council for information Update on Current Projects opening or near completion DAHLIA - Software to allocated affordable housing units o Pilot program for consolidated way for people to take a look and make a list of units who are available. You need a list of affordable housing developers and then residents have to fill out lots of applications and often drop them off in person. Goal is to launch a single point of where these units can be consolidated. Phase 1 - identified the problem points and then Phase 2 - is get a few projects on the list to beta test Foster City is the test case - launched with 2 listings and had 2000 views and it was on the DOH homepage and listed on both FC as well - received 30 applications for 2 units (these were BMR inclusionary units - people self selected out and so all the applicants were qualified due to the fact that they were able to surface the min and max incomes and household size Hoping to have more access in late spring and hoping to get more regional funding - so far it has been funded via Measure K funds • LIHTC Training o Have both 4% which are not competitive (over the counter and by right) and total 15% of the dollars compared then there are 9% credits which are awarded generate 3 Colson Committee Report December 2, 2019 85% of the total pool - the benefit of the 9% is much higher, but harder to get (competitive) o Rental units with tenants earning nor more than 60% of AMI o Investors earn $ for $ credits against their federal tax liability, investors also get to take tax benefits from losses, tax credits are generally received over first 10 years of operation, some are recaptured bu IRS if they are not used after 15 years. o Investor (Corporation whoever) - Equity fund - buy tax credits 70 cents on dollar and most comes in on LP and then GP gets about 1 % of the project o With LIHTC come tax-exempt bonds - limited partner investor general equity o Requires 20% below 50% AMI and then 80% below 50% AMI and 60% AMI 4