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Agenda Packet - CC - 2020.03.16
GITV O� �Aaaaar To: Date: From: Subject STAFF REPORT Honorable Mayor and City Council March 16, 2020 AGENDA NO: Study Session MEETING DATE: March 16, 2020 Kevin Gardiner, Community Development Director — (650) 558-7253 Kathleen Kane, City Attorney — (650) 558-7204 Consideration of Community Benefit Zoning for the Bayfront Commercial Land Use District RECOMMENDATION Staff recommends that the City Council consider community benefit zoning for the Bayfront Commercial District as it applies to: • The Zoning Ordinance Update; and • Proposed redevelopment of the Enterprise Holdings property at 778 Burlway BACKGROUND "Envision Burlingame" is the combined update of the Burlingame General Plan, Zoning Ordinance, and Climate Action Plan (CAP). The City Council adopted the General Plan Update on January 7, 2019, and the Climate Action Plan on September 3, 2019. The adoption of the General Plan Update coincided with the adoption of interim regulations applicable to the North Rollins Road Mixed Use Zone and North Burlingame Mixed Use Zone. These two zones were identified as the most significant "change areas" in the Draft General Plan, and the interim zoning was implemented to allow zoning regulations in these areas to be consistent with the new General Plan. An innovative feature of the interim zoning for the North Rollins Road and North Burlingame Mixed Use Zones has been the provision of a "tiered" approach to development in which the highest residential densities and commercial floor areas require provision of community benefits such as affordable housing, open space, and enhanced streetscapes. To date, this approach has resulted in a new publicly -accessible park (and a second park proposed), affordable residential units, public plazas, and a proposal for community/cultural space. As part of the Zoning Ordinance Update for the Bayfront Commercial District along Old Bayshore Highway and Airport Boulevard, staff is suggesting the consideration of a similarly "tiered" approach in which the highest commercial floor areas and building heights would require provision of community benefits. The approach could also be applied to land uses that represent diminished economic value to the community compared to other allowed land uses. 1 Bayfront Commercial District Community Benefit Zoning March 16, 2020 DISCUSSION Community benefits programs provide a way for cities and counties to derive greater benefit from the granting of planning entitlements that increase the value of private property than would be possible from conventional development review procedures. They can also serve to address community needs and impacts that result from the effect of the increased development intensity on the surrounding community. The programs allow jurisdictions to obtain additional amenities or features from new development in exchange for granting incentives and concessions to developers. Traditional approaches to land use regulation have long required development to meet minimum standards enacted to protect public welfare and to help achieve the community's shared vision of a quality environment. California and other states have also authorized and, in some cases, mandated the use of incentive zoning to obtain certain benefits, such as affordable housing. Since the State Legislature eliminated traditional redevelopment programs, an increasing number of California municipalities have examined community benefits as a way to recoup some of the benefits once available as a result of tax -increment financing and other provisions of the prior State redevelopment law. In California, the legal basis for community benefits programs is derived from a body of law that enables cities to regulate development to achieve three broad objectives: • Ensure that approved projects do no harm by degrading existing conditions; • Ensure that projects conform to local policies intended to achieve community objectives; and • Achieve public benefits in exchange for providing incentives that increase development opportunities. Community benefits programs differ from traditional review procedures in that they allow developers to request increases in density, height, changes in use, or other accommodations in exchange for incorporating development features that exceed code requirements. Examples of common community benefits include affordable housing targeted to community needs, open space and recreation amenities, rehabilitation and restoration of historic properties, on -site childcare, transit shuttles and van pools, and dedication of land for community uses. The interim zoning for the North Rollins Road and North Burlingame Mixed Use Zones includes a menu of community benefits, such as affordable housing, pedestrian amenities, public plazas and parks, off -site streetscape improvements, cultural arts spaces, preservation of off -site historic resources, zero net energy, and public parking facilities. The regulations also allow applicants to propose their own community benefits, provided they are significant and substantially beyond normal requirements. The tiered approach allows an applicant to propose a "base level" project that complies with basic development standards; community benefits are required to be provided to qualify for higher tiers. The higher tiers allow greater height and floor area in coordination with the provision of community benefits. A number of area jurisdictions have implemented community benefits programs, including Redwood City, Menlo Park, and Mountain View. Each follows a similar "tiered" approach, with a 2 Bayfront Commercial District Community Benefit Zoning March 16, 2020 "base" tier for projects meeting basic development standards, and "bonus" tiers allowing development at greater levels of intensity with increased floor area ratios and/or increased height. In each instance, there must be a reasonable relationship between the increased intensity of development and the increased effects on the surrounding community. Generally, providing amenities is preferable to the payment of a fee. With the Zoning Ordinance Update underway, staff is suggesting consideration of a tiered approach involving community benefits for the Bayfront Commercial District. 778 Burlway Site — Enterprise Holdings property. The discussion of community benefit zoning coincides with a proposal from Enterprise Holdings to develop a new rental car facility at its property at 778 Burlway. The facility would involve a sizable parking garage that would exceed base -level development standards. As a corresponding community benefit, Enterprise would offer to dedicate a portion of the site for community use. On April 15, 2019, the City Council held a study session to consider an initial parking garage and land dedication concept. In that meeting, Enterprise representatives presented a proposal that involved a nine -story, 95-foot tall garage with 2,800 spaces. There would be two remaining parcels, one of which would be offered for dedication for community use and the other sold off to be developed for other uses allowed in the Bayfront Commercial district. The garage would allow Enterprise to consolidate operations, including the possibility to vacate its operations at 1650 Old Bayshore Highway. Councilmembers suggested Enterprise evaluate an alternative that would have a lower height, but would involve extending over a greater portion of the site. In response, Enterprise has proposed an alternative scenario that would involve a six -story garage with 2,495 spaces. The garage would cover a greater portion of the site than the previous nine - story alternative, but would still allow a portion of the site to be dedicated for community use. Enterprise proposes to dedicate a 76,758 square foot (1.76 acre) parcel at the corner of Burlway and Old Bayshore Highway as a community amenity, with the use to be determined by the community. Structured parking along the Bayfront would generally be discouraged because it does not activate the shoreline, does not provide sales or transient occupancy taxes, and does not directly enhance enjoyment of the shoreline by the public. In order to mitigate the potential long-term impacts of such a use over multiple economic cycles, requiring a higher community benefit for structured parking/car storage is appropriate. The proposal is still conceptual, but if the Council is agreeable to the concept and the community benefits framework, Enterprise will further develop the concept into a more detailed proposal. FISCAL IMPACT None. 3 City Council Meeting Agenda - Final March 16, 2020 b. Adoption of a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with HouseKevs Inc for Administration of the City of Burlingame Below Market Rate Housing Program in a Not to Exceed Amount of $150 000 Over a One Year Period Attachments: Staff Report Resolution Agreement for Professional Services Exhibit A - Scope of Work C. Discussion of Representative Jackie Speier's Aviation Legislation and Determination of Next Steps Attachments: Staff Report Rep. Speier Press Release 2019 Aviation Legislation d. Adoption of a Resolution Declaring the City Council's Intent to Transition from At -Large to By -District Councilmember Elections and Authorizinq a Settlement/Tolling Agreement with Potential Plaintiffs Attachments: Staff Report Resolution e. Housing Element Annual Progress Report (APR) on the Implementation of the Housing Element of the General Plan Attachments: Staff Report Annual Progress Report - 2019 Residential Applications Overview - March 2020 f. Update and Direction on City Work Plan for Wireless Small -Cell Infrastructure Attachments: Staff Report 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Councilmembers report on committees and activities and make announcements. a. Councilmember 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.budingame.org. City ofaudingame Page 3 Printed on 3112/2020 City Council Meeting Agenda - Final March 16, 2020 14. ADJOURNMENT Notice: Any attendees wishing accommodations for disabilities please contact the City Clerk at (650)558-7203 at least 24 hours before the meeting. A copy of the Agenda Packet is available for public review at the City Clerk's office, City Hall, 501 Primrose Road, from 8:00 a.m. to 5:00 p.m. before the meeting and at the meeting. Visit the City's website at www.burlingame.org. Agendas and minutes are available at this site. NEXT CITY COUNCIL MEETING - Next regular City Council Meeting Monday, April 6, 2020 VIEW REGULAR COUNCIL MEETING ONLINE AT www.burlingame.org/videos Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the Water Office counter at City Hall at 501 Primrose Road during normal business hours. City of Burlingame Page 4 Printed on 3112t202O Monday, March 16, 2020 City of Burlingame Meeting Agenda - Final City Council 7:00 PM STUDY SESSION - 6:15 p.m. - Conference Room A BURLINGAME CITY HALL 501 PRIMROSE ROAD BURLINGAME, CA 94010 Council Chambers a. Consideration of Community Benefit Zoninq for the Bayfront Commercial Land Use District 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 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. City of Burlingame Page 1 Printed on 311212020 City Council Meeting Agenda - Final March 16, 2020 a. Approval of City Council Meeting Minutes for March 2, 2020 Attachment: Meeting Minutes b. Adoption of a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with KTGY for Preparation of the North Rollins Road Specific Plan in a Not to Exceed Amount of $292,305 Attachment: Staff Report Resolution Agreement for Professional Services Exhibit A - Scope of Work North Rollins Road Proposal - Qualifications C. Adoption of a Resolution Approving a Professional Services Agreement with CSG Consultants Inc for Construction Management and Inspection Services for Private Development Projects in the Amount of $750,000 Attachment: Staff Report Resolution Professional Services Agreement d. Open Nomination Period to Fill Two Vacancies on the Library Board of Trustees Attachment: Staff Report e. Adoption of a Resolution Allowing Sares Regis Group to Submit a Planning Application Including a Portion of City Parking Lot E and Directing Staff to Negotiate an Agreement Conferrinq Access Rights to the Proposed Development at 220 Park Road Attachment: Staff Report Resolution 9. PUBLIC HEARINGS (Public Comment) 10. STAFF REPORTS AND COMMUNICATIONS (Public Comment) a. Update on COVID-19 and Governor Newsom's Executive Order N-25-20 Which Authorizes Local Legislative Bodies to Hold Public Meetings via Teleconference Attachment: Staff Repoli Governor Newsom's Executive Order N-25-20 city oraudingeme Page 2 Printed on-MZ2020 Agenda Meeting BURLINGAME CITY COUNCIL Unapproved Minutes Regular Meeting on March 2, 2020 1. CALL TO ORDER Item 8a Date: 03/16/2020 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 League of Women Voters' representative Marta Bookbinder. 3. ROLL CALL MEMBERS PRESENT: Beach, Brownrigg, Colson, O'Brien Keighran, Ortiz MEMBERS ABSENT: None 4. REPORT OUT FROM CLOSED SESSION a. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b); ONE CASE (LETTER REGARDING CALIFORNIA VOTING RIGHTS ACT/DISTRICT ELECTIONS) STAFF IN ATTENDANCE: CITY CLERK, CITY MANAGER, AND CITY ATTORNEY City Attorney Kane reported that direction was given but no reportable action was taken. 5. UPCOMING EVENTS Mayor Beach reviewed the upcoming events taking place in the city. 6. PRESENTATIONS a. PRESENTATION BY CORA (COMMUNITY OVERCOMING RELATIONSHIP ABUSE) RECOGNIZING POLICE OFFICER RICHARD SCHENO 1 Burlingame City Council March 212020 Unapproved Minutes Agenda Item 8a Meeting Date: 03/16/2020 Mayor Beach explained that CORA (Community Overcoming Relationship Abuse) is a nonprofit organization in the county that is dedicated to helping those affected by partner abuse by providing such services as counseling and emergency housing. CORA representative Jaskirat Chawla explained that every quarter, CORA recognizes a police officer who went above and beyond to assist a survivor. CORA representative Jessica Gray stated that this quarter, CORA selected Burlingame Police Officer Richard Scheno for his compassion, advocacy, and support of a survivor of domestic violence. She explained that on December 4, 2019, Officer Scheno responded to a report of a domestic disturbance, and during his investigation, he determined that the victim was assaulted. She stated that Officer Scheno built a rapport with the victim, which resulted in gaining her trust and being able to provide appropriate assistance. Officer Scheno thanked CORA and stated that any officer would have responded in the same fashion. Councilmember Brownrigg discussed Vice Mayor O'Brien Keighran's work with CORA and thanked all involved for their hard work and dedication. b. PROCLAMATION CELEBRATING THE 100TH ANNIVERSARY OF THE 19TH AMENDMENT AND THE FOUNDING OF THE LEAGUE OF WOMEN VOTERS Mayor Beach explained that 2020 was the 100th anniversary of the passage of the 19th Amendment, which gave women the right to vote, and the founding of the League of Women Voters. She commended the League of Women Voters for their dedication to ensuring that voters have access to voting centers and information on candidates and measures. League of Women Voters representative Marta Bookbinder stated that the League was founded on Valentines Day in 1920. She noted that it was founded six months before the 19th Amendment was ratified in order to assist women with their new right. She explained that the League's mission is to facilitate the democratic process and ensure its success. She discussed the League's candidate forums and their reports on the pros and cons of ballot measures. Councilmember Brownrigg commended the League for their work. He noted that there have been several elections in Burlingame where the League provided the only candidate forum. He added that he was a member of the League and encouraged other men to join. Councilmember Colson stated that not only was she a member of the League, but she also signed her two daughters up. Vice Mayor O'Brien Keighran stated that the League has done a phenomenal job over the years. Mayor Beach presented Ms. Bookbinder with a proclamation honoring the work of the League and celebrating the 1001h anniversary of the League of Women Voters and the 19`h Amendment. 2 Burlingame City Council March 2, 2020 Unapproved Minutes Agenda Item 8a Meeting Date: 03/16/2020 7. PUBLIC COMMENT Dr. Trudy Opitz voiced concern about a curb stop in a downtown parking lot and asked that the City paint it red to ensure that the public doesn't trip over it. A Burlingame resident discussed his traffic concerns related to the southbound lane on California Drive just north of the Broadway intersection. 8. CONSENT CALENDAR Mayor Beach asked the Councilmembers and the public if they wished to remove any item from the Consent Calendar. Councilmember Brownrigg pulled 8a. Councilmember Colson pulled item 8b. As a result of both Consent Calendar items being pulled, there was no motion. a. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR FEBRUARY 18, 2020 Mayor Beach emailed City Clerk Hassel -Shearer the following amendments to the City Council Meeting Minutes for February 18, 2020 (indicated in italics): Page 1 Page 2 Page 3 Page 7 "She reviewed some of the comments that staff heard from developers including:" "Sustainability Coordinator Michael stated that to enact a reach code, the City must prove cost- effectiveness to the California Energy Commission. She stated numerous cities have proved this already" "She stated that Cupertino, Brisbane, Mountain View, Pacifica, Palo Alto, San Jose, and San Mateo County have all adopted the Menlo Park approach" "She noted that Menlo Park as well as other cities don't allow natural gas for cooking in multi -family buildings." "She added that she would have further discussions with developers about transformers and their concerns. She noted that the developers she spoke with were comfortable with this exemption strategy. " "Mayor Beach thanked staff, developers, and the community for engaging in this conversation. She stated it makes a difference to her that the reach codes being considered apply to new construction, not remodels. " Burlingame City Council March 2, 2020 Unapproved Minutes Agenda Item 8a Meeting Date: 03/16/2020 Councilmember Brownrigg noted the importance of watching the Council meeting and not just reading the meeting minutes in order to understand the nuance of the Council's comments. Councilmember Ortiz made a motion to approve the City Council Meeting Minutes for February 18, 2020; seconded by Vice Mayor O'Brien Keighran. The motion passed unanimously by voice vote, 5-0. b. QUARTERLY INVESTMENT REPORT, PERIOD ENDING DECEMBER 31, 2019 Councilmember Colson stated that the Quarterly Investment Report covered the period ending December 31, 2019. However, she explained that the past two weeks have been rocky in the investment market. She asked that when the City discusses the FY 2020-21 budget and pension liabilities in May, that staff provide an update on the investment numbers. She explained that she wanted to understand if the market's fluctuation impacted the Ca1PERS contribution rates. Councilmember Brownrigg stated that at the mid -year budget study session, he would like to hear about the potential impact of the coronavirus on the travel industry and therefore the City's TOT. Mayor Beach opened the item up for public comment. No one spoke. Councilmember Brownrigg made a motion to accept the City's Quarterly Investment Report for the period ending December 31, 2019; seconded by Councilmember Colson. The motion passed unanimously by voice vote, 5-0. 9. PUBLIC HEARINGS a. PUBLIC HEARING TO CONSIDER PROPOSED AMENDMENTS TO CHAPTER 25.59 (ACCESSORY DWELLING UNITS), CHAPTER 25.60 (ACCESSORY STRUCTURES IN R-1 AND R-2 DISTRICTS), CHAPTER 25.26 (R-1 DISTRICT REGULATIONS) AND CHAPTER 25.70 (OFF-STREET PARKING) OF THE BURLINGAME MUNICIPAL CODE RELATED TO ACCESSORY DWELLI NG UNITS TO BE CONSISTENT WITH RECENTLY ADOPTED AMENDMENTS TO CALIFORNIA GOVERNMENT CODE SECTIONS 65852.2 AND 65852.22 AND ADDITIONAL CHANGES TO REMOVE CONSTRAINTS TO CREATING ACCESSORY DWELLING UNITS Planning Manager Ruben Hurin stated that in response to the statewide and Bay Area regional housing shortages, the Governor signed into law a number of bills to encourage the construction of accessory dwelling units ("ADU") and junior accessory dwelling units ("JADU") by reducing the regulatory barriers commonly found in local zoning ordinances. He explained that the recently adopted legislation defines the standards local jurisdictions can apply to ADUs and JADUs. He noted that the legislation took effect on January 1, 2020. Planning Manager Hurin stated that the State legislation supersedes the City's regulations for ADUs as currently outlined in Municipal Code Chapter 25.59 — Accessory Dwelling Units. He explained that the 4 Burlingame City Council March 2, 2020 Unapproved Minutes Agenda Item Ba Meeting Date: 03/16/2020 proposed changes are to bring the City's Accessory Dwelling Unit regulations into conformity with State law. Planning Manager Hurin stated that at the Planning Commission's February 24, 2020 meeting, the Commission reviewed the proposed amendments to the Zoning Regulations and recommended that the Council adopt the changes as proposed in the draft ordinance. Planning Manager Hurin stated that before explaining the key changes in the State law, he wanted to review the different types of ADUs and JADUs. • Attached ADU — when the structure is attached to the single-family home • Detached ADU — a new structure that is separate from the single-family home • Converted Garage • Conversion/interior — convert a portion of the single-family home into an ADU Planning Manager Hurin reviewed the key areas of change mandated by the State legislation: • No minimum lot size requirement for construction of an ADU, whether it is a conversion of existing space, an addition, or a new detached structure. • In addition to an ADU, a JADU (up to 500 square feet in size and located within an existing or proposed single-family dwelling) may be created on a single-family zoned property. • The maximum allowed size for an ADU is 850 square feet, or 1,000 square feet for two or more bedrooms. • ADUs up to 800 square feet in size are exempt from lot coverage and floor area regulations. For simplicity and to avoid confusion, staff is proposing that the lot coverage and floor area ratio exemption be applied to 850 square feet ADUs to be consistent with the maximum allowed size. • Required side and rear setbacks can be no greater than 4'-0". This does not affect detached ADUs since they are exempt from side and rear setbacks if located within 30% of the lot. However, this does reduce the rear setback requirement for an attached ADU from 15'-0" to 4'-0". • No replacement parking for the primary dwelling can be required if an existing detached or attached garage is converted to an ADU or JADU. • No parking is required for a JADU. • ADUs are now permitted in all districts zoned to allow multifamily dwelling residential uses (allowed on properties where a multifamily dwelling structure exists). Up to 25% of the existing dwelling units within a multifamily dwelling structure, but at least one ADU, may be created within existing non -livable space(s). In addition, up to two new detached ADUs may be allowed. • Approval for a compliant ADU or JADU must be issued within 60 days of receiving a complete application. Vice Mayor O'Brien Keighran stated that the staff report notes that the maximum square footage for an ADU is 850 square feet. She asked if she was correct that an individual could have both an 850 square foot ADU and a 500 square foot JADU. Planning Manager Hurin replied in the affirmative. Burlingame City Council March 2, 2020 Unapproved Minutes Agenda Item 8a Meeting Date: 03/16/2020 Vice Mayor O'Brien Keighran asked about converting a basement into an ADU where the basement is more than 850 square feet. Planning Manager Hurin stated that under the law, an individual can build a two - bedroom ADU with a maximum square footage of 1000. Councilmember Brownrigg asked why the State put a limit on the square footage of an ADU. Planning Manager Hurin replied that the State law allows ADUs to be as large as 1200 square feet. But under the State law, cities can limit the square footage to 850 for a one -bedroom ADU and 1000 for a two -bedroom ADU. Councilmember Brownrigg asked why the State cares about the size of ADUs. City Attorney Kane explained that the legislative purpose was to create smaller, more naturally affordable ADUs. Vice Mayor O'Brien Keighran stated that if a garage is converted into an ADU, under State law the owner isn't required to provide parking. She asked what would happen if a property owner converted the garage but didn't utilize the space as an ADU. Planning Manager Hurin stated staff would utilize code enforcement in these situations. He added that the proposed ordinance states that when an ADU is no longer being used as an ADU, the structure would need to revert to its previous use. Mayor Beach asked if the ordinance contains any protection against the ADU being used as a short-term rental. Planning Manager Hurin stated that State law provides that ADUs and JADUs cannot be rented for fewer than 30 consecutive calendar days. Planning Manager Hurin discussed the additional changes to the City's ADU ordinance that staff is proposing: • No longer require a Conditional Use Permit for windows located within 10'-0" of property line or for skylights • No longer require a Special Permit for a direct exit from a basement to the exterior of the structure Councilmember Colson stated that under the current code, basements have to have a lightwell for an emergency exit. She asked if staff s proposal would allow them to change the lightwell into a door. Planning Manager Hurin replied in the affirmative. Councilmember Colson asked if it is possible that you could have an ingress through the single-family home. Planning Manager Hurin stated that State law requires a separate entrance for an ADU or JADU. Councilmember Brownrigg discussed the ridge line of the roof and that the proposed ordinance requires a pitch on two sides of the roof. He asked if this was a shed roof. Planning Manager Hurin stated that the ridge can be 16 feet tall with a plate height of 9 feet. Councilmember Brownrigg stated that he would have thought that the City wouldn't want to be this prescriptive concerning the roof s ridge. He explained that he believed shed roofs and flat roofs can be more sensitive to their neighbors. 6 Burlingame City Council March 2, 2020 Unapproved Minutes Agenda Item 8a Meeting Date: 03/16/2020 City Attorney Kane stated that one of the ambiguities of the State law is that the cities can establish a maximum height of 16 feet. However, the State law does not address whether the roof needs to have a pitch. Therefore, she stated that staff s thought process was that a 16-foot ridge height as opposed to a flat roof would be less impactful on neighbors as a result of removing side and rear setbacks. Councilmember Brownrigg suggested allowing a 10-foot plate height for a flat roof with a very low pitch. Councilmember Colson stated that she believes there are more flat roof garages in the community. She discussed her experience with converting the top of a flat roofed garage into garden space. Planning Manager Hurin explained that the proposed ordinance is requiring the ADU to be in line with the single- family home. Therefore, if the single-family home has a pitched roof, the converted garage would also have to have a pitched roof. Councilmember Colson stated that she was against requiring the same roof design on the ADU and single- family home. She explained that she's had a pitched roof with a flat roof garage. She noted that she believed there were so many benefits to having a flat -roofed garage. Councilmember Ortiz asked if he was correct that the staff s suggestion of requiring pitch on two sides of the roof is to prevent an individual from building a 16-foot tall flat -roofed ADU. Planning Manager Hurin replied in the affirmative. Councilmember Brownrigg stated that staff could require a pitch if the building height reaches 16 feet. Or if the individual wants to have a flat roof, the City could lower the plate height to prevent a 16-foot tall building with a flat roof. He explained that if the City limits the plate height to 9 feet, the individual wouldn't be able to build to 16 feet. Councilmember Brownrigg explained that in communities where ADUs are common, the backyards shrink to almost nothing. He stated that the City would need to figure out a way to balance the community's housing needs with Burlingame's "City of Trees" designation. Councilmember Colson asked if the City could require property owners that are building ADUs to put in trees. City Attorney Kane stated that the point of the legislation is to force an administrative process for the construction of ADUs. Therefore, she stated that the City had to be careful with what it required. Vice Mayor O'Brien Keighran voiced concern about skylights on pitched roof ADUs that face the neighbor's property. Mayor Beach discussed sea level rise and the City's water table during storms. She voiced concern about building ADUs in basements and how sea level rise could cause those basements to flood. City Attorney Kane stated that property owners would be informed of the City's water table and flooding concerns during plan review. Mayor Beach opened the public hearing. Burlingame City Council March 2, 2020 Unapproved Minutes Agenda Item 8a Meeting Date: 03/16/2020 Jennifer Pfaff voiced concerns about the proposed ordinance including staff s suggestion to remove the Conditional Use Permit requirement for skylights. Mona, a local licensed architect, stated that San Mateo is interpreting the 16-foot height limit as a plate height limit. She added that the dual pitch would not aesthetically agree with the historical Eichlers. Mayor Beach closed the public hearing. Mayor Beach asked about setback requirements for basements. Planning Manager Hurin stated that if the basement is below the top of existing grade, then it is not subject to setback requirements except on El Camino Real. Councilmember Colson asked if she was correct that the basement could be in the rear corner of the house and that it can extend to the fence line. Planning Manager Hurin replied in the affirmative. Planning Manager Hurin stated that currently, up to 700 square feet of a basement is exempt from the floor area coverage of the house. Under the proposed ADU ordinance, it would be 850 square feet. Mayor Beach asked if the City should be considering limiting the allowable footprint of basements. Planning Manager Hurin stated that this is another discussion that the Planning Commission and City Council could address in the future. City Attorney Kane stated that based on Council discussion, staff would need to further refine the proposed ordinance. Therefore, the Council didn't have to ask the City Clerk to read the title of the ordinance and make a motion to introduce the ordinance. She explained that as of January 1, 2020, the State law was in effect, and staff was obligated to review plans pursuant to the State's mandates, until the City adopts its own ordinance. Councilmember Colson asked if ADUs are counted towards the City's RHNA allocation. Planning Manager Hurin stated that his understanding is that they can count, but staff is unable to track the affordability rate. Councilmember Colson stated that she believed Hillsborough was able to count their ADUs towards their low income RHNA allocation. Planning Manager Hurin stated that he would talk with his colleagues in Hillsborough. Mayor Beach stated that it seemed that there were three issues that the Council had to discuss regarding the proposed ordinance: 1. Roof line 2. Permeable space 3. Windows and skylights on ADUs Burlingame City Council March 2, 2020 Unapproved Minutes Agenda Item 8a Meeting Date: 03/16/2020 Mayor Beach voiced concern about being too prescriptive and noted that she believed the Planning Commission would thoroughly review each application to ensure it fit within the neighborhood. City Attorney Kane noted that the three issues that the Mayor brought up are nondiscretionary and would be handled by staff at the counter. Councilmember Ortiz stated that he liked Councilmember Brownrigg's suggestion that if an individual decides to build up to 16 feet, that the roof would be double pitched. Vice Mayor O'Brien Keighran stated that she agreed with Councilmember Ortiz. She stated that because the City can't conduct design review on ADUs, her preference would be that the ADU match the existing architecture. Councilmember Colson asked if the City could require a pitched roof with exceptions based on the circumstances of an individual's property. City Attorney Kane replied in the affirmative but stated that the criteria must be objective. She noted that where possible, the City should craft a standard as the purpose of the State's mandate is to streamline the ADU process. Councilmember Colson asked if ADUs would be required to have solar panels. Planning Manager Hurin stated that he would review the requirement with the Chief Building Official. Mayor Beach stated that she agreed with Vice Mayor O'Brien Keighran that you wouldn't want a skylight pointing towards a neighbor's second floor. However, she noted that if the ADU was designed to have a flat roof, she thought a skylight would be a reasonable request. Councilmember Colson asked if an individual builds a 16-foot tall ADU and adds a loft, would the loft count towards the 850 square feet. Planning Manager Hurin stated that current Code section for measurement of the floor area states that if you have an open space that is more than 12 feet in height, the area counts twice. Therefore, he noted that this might exceed the maximum square footage allowed. Councilmember Brownrigg stated that the proposed ordinance states that the roof shall be pitched from ridge to plate on at least two sides. He suggested that if the maximum plate height is 9 feet, the developer could determine the appropriate style of roof, with the exception that if the ridge is over 12 feet, then the ridge should be at least 5 feet off the center. Councilmember Brownrigg discussed lot coverage as a result of the State's mandates. He stated that the Planning Commission should consider whether the City should reduce lot coverage for the main house when a house gets rebuilt. He noted that it would be a tradeoff, as it would allow for the City to maintain backyards but might require the City to allow for more height in single-family houses. Vice Mayor O'Brien Keighran explained that the proposed ordinance states that the maximum allowed plate height is 9 feet. She noted that she wouldn't want that changed. She stated that this would help avoid the creation of large box shaped ADUs. 9 Burlingame City Council March 2, 2020 Unapproved Minutes Agenda Item 8a Meeting Date: 03/16/2020 Planning Manager Hurin stated that regarding windows and skylights, staff could require a conditional use permit for any skylights that are not facing the interior or windows along the rear or side property lines. Vice Mayor O'Brien Keighran voiced support for the Planning Manager's suggestion. Councilmember Colson agreed with Planning Manager Hurin's suggestion. City Attorney Kane stated that if there's a window requirement for egress under the City's fire or building code and imposing a CUP would defeat the ability to build an ADU, then staff would need to allow the construction of the ADU. Councilmember Colson asked if the City could require opaque windows within a certain distance of the lot line. City Attorney Kane stated that windows aren't allowed on lot lines. Councilmember Brownrigg asked that the proposed ordinance include a line under Section K referring to balconies and decks that states that a green roof does not count as a rooftop terrace or balcony to cover Councilmember Colson's concerns. 10. STAFF REPORTS a. CONSIDERATION OF APPOINTMENT TO THE PLANNING COMMISSION City Manager Goldman stated that there was an opening on the Planning Commission and one candidate, John Schmid, had applied. She noted that Council interviewed Mr. Schmid. Mayor Beach opened the item for public comment. No one spoke. City Clerk Hassel -Shearer read the Council's ballots. John Schmid was unanimously selected by the Council to serve on the Planning Commission. Congratulations to John Schmid. b. CONSIDERATION OF TWO APPOINTMENTS TO THE MEASURE I CITIZENS' OVERSIGHT COMMITTEE City Manager Goldman stated that three candidates applied for the two openings on the Measure I Citizens' Oversight Committee. She noted that Council interviewed the three candidates. Mayor Beach opened the item up for public comment. No one spoke. City Clerk Hassel -Shearer read the Council's ballots. Stephanie Lee and Sandeep Shroff were unanimously selected by the Council to be reappointed to the Measure I Citizens' Oversight Committee. 10 Burlingame City Council March 2, 2020 Unapproved Minutes Agenda Item 8a Meeting Date: 03/16/2020 Mayor Beach noted that she was unable to attend the interviews but that she read through their applications and listened to the recordings of the interviews. Congratulations to Ms. Lee and Mr. Shroff on their reappointment. Thank you to all applicants. c. 220 PARK ROAD (FORMERLY POST OFFICE) — APPLICATION UPDATE CDD Gardiner stated that during the January 21, 2020 Council study session, Sares Regis and their team presented the Council with some preliminary concepts for the adaptive reuse of the Post Office. He explained that Sares Regis has not submitted a formal planning application. CDD Gardiner explained that staff and Sares Regis are looking for direction on the following matters prior to an application being submitted: 1. An easement exchange between the culvert and Parking Lot E CDD Gardiner explained that an underground culvert runs through this area of downtown Burlingame, connecting stormwater drainage for Burlingame Creek between the hills and the Bay. He stated that the culvert runs across a portion of the Post Office property and continues along Lot E. He explained that Sares Regis is proposing an exchange of easements, whereby the City would receive a subsurface easement for the portion of the culvert under the Post Office property, and the project would receive a subsurface easement under Lot E to benefit its parking. He stated that the subsurface easement under Lot E would provide the project with an additional 36 parking spaces. He noted that the developer proposed a total of 280 spaces (he stated 180 but to avoid confusion, the developer's total of 280 is included here) that could be utilized by the public on nights and weekends. City Attorney Kane stated that mechanism to exchange use of the area underneath the parking lot for the culvert has not yet been identified. Therefore, she explained that staff is looking for whether Council is amenable to this idea. 2. Building height of 90 feet CDD Gardiner explained that the staff report discusses the ability of the developer to request a historic variance under the Historic Resource Preservation ordinance. He stated that the developer has indicated its intent to apply for a historic variance regarding the height of the building. He noted that the proposed building height is 90 feet, with an average height of 53.5 feet. City Attorney Kane noted that it is not before Council whether the project qualifies for the historical variance. Instead, that is a question for the Planning Commission. 3. Utilization of all remaining office space capacity under the Downtown Specific Plan. CDD Gardiner explained that the City Council adopted the Downtown Specific Plan in 2010. The environmental review, as required by CEQA, evaluated a build -out involving up to 248,702 square feet of new office space. He noted that the 2019 General Plan Update adopted these figures into the environmental impact report. He explained that since the adoption of the Downtown Specific Plan, 108,000 square feet of office space has been added to the downtown. He stated that the developer proposes to create 140,000 11 Burlingame City Council March 2, 2020 Unapproved Minutes Agenda Item 8a Meeting Date: 03/16/2020 square feet of office space at the Post Office site. He noted that future projects would be able to create office space in the downtown, but they would need to conduct their own environmental reviews. City Attorney Kane noted that the project is allowed to apply for the office space square footage but that staff and Sares Regis are looking for Council's input. 4. Suggestions for community engagement to solicit feedback on the proposed project and its design. He noted that this project dovetails with the City's own initiative to create a public plaza. He explained that the City contracted with Urban Field to engage with the community on designing the public plaza. Councilmember Ortiz asked how tall the Burlingame Hotel is. CDD Gardiner stated that the hotel is three stories and 43 feet 8 inches. He added that the tallest building in Burlingame is at 330 Primrose, which is six stories and 82 feet 10 inches. Sares Regis Chief Operating Officer David Hopkins outlined the development group's presentation. Bionic Design Director Marcel Wilson stated that one of the development team's charges was to build a legacy project. He reviewed the location of the project and its access to public transportation. Mr. Wilson discussed options for the open space. He showed examples of other town squares including the square in Noe Valley. He noted that a goal of the project is to ensure that if an individual stands on Park, they get an immediate sense of what the building looked like in the 1940s. He discussed the technical complexities of the project including the four foot elevation above average grade of the building, the culvert, and that the plaza backs up to the backs of buildings. Mr. Hopkins stated the proposed development would include 280 parking stalls. He noted that they are all below grade. He stated that the public would be able to utilize all 280 parking stalls on nights and weekends. He added that their proposal is also to improve and maintain the culvert at the surface level. Mr. Wilson discussed creating retail on the ground floor and noted the importance of visibility of the retail. He also reviewed how the building's structure will ensure that the open plaza provides both sun and shade. He reviewed options for how to design the open plaza including where to place vendors and kids' activities. Councilmember Brownrigg noted that the City retained the services of Urban Field to design the City plaza. Councilmember Colson stated that she agreed with Councilmember Brownrigg but noted that the two projects would have to work together. Mr. Hopkins stated that the team reviewed the General Plan and the Downtown Specific Plan to see how much office space would be allowed. He noted that in order to conform with the capacity under the environmental review, they are proposing 140,000 square feet. 12 Burlingame City Council March 2, 2020 Unapproved Minutes Agenda Item 8a Meeting Date: 03/16/2020 Mr. Hopkins stated that the team engaged Page & Turnbull to help steer the development's design. He noted that the historic preservation ordinance exists for sites like the Post Office. He discussed the uniqueness of the site. Mr. Hopkins stated that the team strived to establish criteria on height. He explained that to make the project financially feasible and preserve the historical fagade, it became necessary to add height to the building. He stated that the proposal was to scale the height of the building down on the street frontages. He explained that on Lorton, the direct height would be two stories. He added that the maximum height of the building would be focused in the center of the building at six stories. Mr. Hopkins reviewed different sketches of the proposed design. He used the sketches to show how the building scales down near the plaza, protects the fagades of the Post Office, and ensures light in the open space. He added that his team studied post offices throughout the country to get the feel of the buildings. He explained that the windows and scale of the lower levels remained consistent with what they saw in other post offices. Mr. Hopkins stated that the projected would provide $3 to $4 million in commercial linkage fees, which could assist the City in building affordable housing. Mayor Beach opened the item up for public comment. Jennifer Pfaff stated that she appreciated the direction of the project and the respect that the developers have shown for the historical fagade of the building. She noted that the Lorton Avenue side of the building would be tricky, but she was sure that the Planning Commission could help break up the mass size of the building. Mayor Beach closed public comment. Councilmember Brownrigg asked if the 90 feet height was to the top of the parapet or to the top of the screening of the elevator shaft. Mr. Hopkins stated that it is the parapet as measured by the City's code. CDD Gardiner asked if the parapet is at 90 feet, will there still be overruns from elevators beyond 90 feet. Molly Ricker, a member of the development team, stated that 90 feet is the roof slab separate from mechanical screening. She noted that the mechanical screening isn't part of the height measurement. Councilmember Ortiz stated that the project proposal was for six stories and 90 feet. He noted that the building on Primrose is six stories and 82 feet. He asked why the proposal was higher. Ms. Ricker replied that it is a modern office building. Councilmember Brownrigg stated that the proposal is also trying to incorporate the Post Office, which starts four feet above ground. Vice Mayor O'Brien Keighran asked how much height the mechanical screening adds to the building. Mr. Hopkins replied that it would be an additional five feet. 13 Burlingame City Council March 2, 2020 Unapproved Minutes Agenda Item 8a Meeting Date: 03/16/2020 Mayor Beach asked if she was correct that the building could have more square footage for office space but that the project instead scaled it back to fit under what was studied for the Downtown Specific Plan. Mr. Hopkins replied in the affirmative. Mayor Beach asked if the average height was 55 feet. Mr. Hopkins replied in the affirmative. Dostart President Steve Dostart noted that the team pushed the height to ensure that they didn't crowd the plaza or the Post Office fagade. He noted that the maximum height is at the smallest part of the building. Councilmember Colson asked how far back the height goes on the Lorton Avenue side of the building. Mr. Dostart stated that there is a ten -foot terrace before the height starts. Councilmember Colson asked Mr. Dostart to show the different terraces that created step -backs for the height of the building. Mr. Dostart reviewed the sketches to show the Council the step -backs. Mayor Beach asked how many parking spaces Lot E currently holds. CDD Gardiner replied that it has 70 parking spaces. Mayor Beach discussed giving up parking spaces to create the open space. She noted that hopefully the community would utilize public transportation. She added that a new parking garage would be opening a few blocks from this project with 162 net new stalls. She stated that on nights and weekends, the project would create 280 new parking spaces for the public. She asked if the development team had thoughts on how to address the public's concern about losing daytime parking. Mr. Hopkin discussed smarter parking systems when it comes to structured parking. He stated that there are systems that can talk between parking lots to alert the public of where to park. Mayor Beach stated that it sounds like the applicant would be willing to work with the City on wayfinding. Mr. Hopkins replied in the affirmative. Mayor Beach stated that the place to build in -fill office was in a downtown lot that is a five-minute walk to Caltrain. Councilmember Colson stated that she spoke with DPW Murtuza about the valet parking that was implemented to assist with Parking Lot N being off-line. She noted that he stated that it is only being utilized at a 50% rate. She stated that she believes people are changing their modes of transportation. Therefore, she explained she wasn't concerned about removing 70 parking spaces because they would be more than covered by the parking garage. Councilmember Ortiz stated that he agreed with Councilmember Colson on parking. He explained that the project is creating a unique area for Burlingame and to get there, the City will have to give up a few spaces. He noted that people will learn to use the other lots. He asked that the City Attorney get it in writing that the public is able to utilize the development's 280 parking spaces on nights and weekends. 14 Burlingame City Council March 2, 2020 Unapproved Minutes Agenda Item 8a Meeting Date: 03/16/2020 Councilmember Ortiz stated that he has some concerns about the height of the building. He noted that he would need to see the detail to understand what issues it might cause on Lorton Avenue. He added that he was fine with the office space capacity. Councilmember Ortiz discussed community engagement on the project. He stated that it is important that the developers listen and act on what the community states. Councilmember Brownrigg stated that previously Mr. Hopkins had discussed the development team's decision to build office space versus housing. He asked Mr. Hopkins to explain this decision. Mr. Hopkins explained that the question is what development will support the cost of the land and the cost of the construction. He stated that in order to support the costs of the site, if the team built housing, it would have to be in the upper echelon of housing. He added that the housing wouldn't support the missing middle. Councilmember Brownrigg stated that when Facebook bought the development on the Bayside, they decided to get rid of the retail and instead build a corporate campus. He explained that he didn't want to see this happen at the Post Office site. Vice Mayor O'Brien Keighran echoed Councilmember Brownrigg's point that she didn't want the site to be a corporate campus. Vice Mayor O'Brien Keighran stated that she liked that the public would have access to the parking spaces on nights and weekends. She voiced concern for the height of the building but did like the articulation of the different stories. She added that she believed community engagement would be important for the project and noted that there needed to be synergy with the City's town square. Councilmember Brownrigg stated that he thought that the community engagement could come from the Planning Commission process. Vice Mayor O'Brien Keighran stated that she thought it needed more than just the Planning Commission process. She noted that many members of the public don't come to Planning Commission meetings, and therefore at least one public meeting would be necessary. Councilmember Ortiz stated that he agreed with Vice Mayor O'Brien Keighran. He noted that the project will have a large impact on the community, and therefore at least one meeting outside of the Planning Commission process is necessary. Councilmember Colson discussed the portion of Parking Lot E that would be exchanged for the culvert. She asked that after the developer builds the underground parking, that the at -grade level is built by the developers pursuant to the City's selected design for the plaza. Councilmember Colson noted that she was amenable to the height of the project because it maintains the integrity of the historical elements of the Post Office. She stated that Council and Sares Regis would need to 15 Burlingame City Council March 2, 2020 Unapproved Minutes Agenda Item 8a Meeting Date: 03/16/2020 figure how best to message the height of the building to the community. She noted that this would be part of the community engagement. Mayor Beach voiced her appreciation to the Burlingame Historical Society for working closely with Sares Regis. She stated that it was important to remember that the development was an average of 55 feet in height. She explained that it allows for the historical fagade to have some breathing room. Mayor Beach stated that community engagement would be important for implementing the programing in the City plaza. Vice Mayor O'Brien Keighran made a motion to authorize the project to submit plans on the City's property on Parking Lot E contingent on ultimate development and approval of an appropriate agreement to support that; seconded by Councilmember Ortiz. Councilmember Brownrigg stated that he believed the motion should also include the fact that Council believes it is an appropriate trade off to ask that in exchange for granting access to subterranean Lot E, Sares Regis would allow the public to utilize the development's parking spaces on nights and weekends, and Councilmember Colson's suggestion that when Sares Regis finishes the below grade parking on Lot E, they rebuild the top of the lot to conform with the City's selected design for the plaza. Vice Mayor O'Brien Keighran amended her motion; seconded by Councilmember Ortiz. The motion passed unanimously by voice vote, 5-0. 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCMENTS a. MAYOR BEACH'S COMMITTEE REPORT b. COUNCILMEMBER COLSON'S COMMITTEE REPORT 12. FUTURE AGENDA ITEMS Councilmember Brownrigg asked for a discussion on homelessness and what State mandates might be arising. The Council agreed to agendize the topic. 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. 16 Burlingame City Council March 2, 2020 Unapproved Minutes Agenda Item 8a Meeting Date: 03/16/2020 14. ADJOURNMENT Mayor Beach adjourned the meeting at 10:13 p.m. Respectfully submitted, Meaghan Hassel -Shearer City Clerk 17 Burlingame City Council Unapproved Minutes March 2, 2020 AGENDA ITEM NO: 8b BURLINGAME STAFF REPORT MEETING DATE: March 16, 2020 To: Honorable Mayor and City Council Date: March 16, 2020 From: Kevin Gardiner, Community Development Director — (650) 558-7253 Subject Adoption of a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with KTGY for Preparation of the North Rollins Road Specific Plan in a Not to Exceed Amount of $292,305 RECOMMENDATION The City Council is asked to adopt a resolution authorizing the City Manager to execute a Professional Services Agreement with KTGY in an amount not to exceed $292,305 for preparation of a specific plan for the North Rollins Road area. BACKGROUND In January 2019, the City Council adopted a comprehensive update of the Burlingame General Plan. The General Plan includes the following Goal: Goal CC-12: Recreate Rollins Road as two distinct but complementary districts, with the southern two-thirds of the corridor supporting industrial and creative business enterprises and the northern one-third of the corridor reimagined as a live/work complete residential neighborhood — with parks, tree -lined streets, and a pedestrian orientation — that connects to the Millbrae multimodal transit station. The City desires the development of a new specific plan that will implement this General Plan Policy for the northern portion of the Rollins Road corridor. This area is within easy walking distance to the Millbrae multi -modal transit station and presents an opportunity to establish a new neighborhood of medium- and high -density residential and creative live/work units and support uses. The City envisions creation of a completely new neighborhood, where residents and creative businesses have ready access to transit, supportive commercial businesses, and public and private open space amenities. Such housing will include workforce housing, thus meeting the needs of all income levels in Burlingame. Streetscape improvements with the new neighborhood will emphasize a pedestrian and bicycle focus, while still accommodating industrial -related traffic through to Millbrae Avenue. Sustainability will be emphasized through such strategies as Net Zero and/or all -electric development projects. 1 KTGY Professional Services Agreement - North Rollins Road Specific Plan March 16, 2020 The Specific Plan will evaluate the capacity of existing roadway networks, traffic circulation needs, parking needs, and water, wastewater, and stormwater systems requirements in order to meet the needs of proposed development, and make recommendations accordingly. On November 18, 2019, the City Council authorized the Community Development Department to apply for grant funds from the State of California Senate Bill 2 (SB 2, 2017) Planning Grants Program. The Planning Grants Program is specifically intended for the preparation, adoption, and implementation of plans that streamline housing approvals and accelerate housing production. The maximum award amount is a sliding scale based on population, with municipalities with fewer than 60,000 people (such as Burlingame) eligible for $160,000 in funding. On November 22, 2019, the Community Development Department submitted the application to the Department of Housing and Community Development (HCD). Along with other adjustments in the FY 2018-19 mid -year analysis, the City Council allocated $225,000 from the General Fund towards a CIP project for the North Rollins Road Specific Plan. Approximately $96,000 is anticipated to be remaining in funding originally allocated to the General Plan Update, for a total of $481,000 allocated towards the funding of the specific plan and environmental review. DISCUSSION The Community Development Department sought proposals from qualified consulting firms to assist with the preparation of the North Rollins Road Specific Plan; AECOM, Ankron Moisan, KTGY, and MIG submitted proposals. Estimated costs for the update ranged from $258,691 to $462,280. The preparation of the specific plan is expected to take approximately 14 months to complete. The City Council Subcommittee for the North Rollins Road Specific Plan (Vice Mayor O'Brien Keighran and Councilmember Colson), the Community Development Director, the Assistant to the City Manager, and an Associate Planner interviewed all four firms. At the conclusion of the interviews and after reviewing references, the panel felt that KTGY would be best qualified to prepare the specific plan based upon: 1) the team's involvement in preparation of numerous specific plans and master plans in comparable jurisdictions in the Bay Area; 2) its experience with and approach to urban design, including a consultant on the team who specializes in streetscape and open space design; 3) an approach to targeted community and stakeholder engagement, with the proposal including an outreach plan tailored to the unique circumstances of the Rollins Road area; and 4) the overall expertise of the team assembled for the project. Attached is a draft Agreement for Professional Services with KTGY to perform the services required for the preparation of the specific plan. The KTGY budget is in an amount not to exceed $292,305. As the total budget allocated for the specific plan is $481,000, a balance of $188,695 will be remaining. The KTGY scope of work does not include environmental review as required under the California Environmental Quality Act (CEQA). Proposers were given the choice whether or not to include environmental review in their proposals, with the rationale that staff did not want to KTGY Professional Services Agreement - North Rollins Road Specific Plan March 16, 2020 discourage qualified urban design firms from submitting proposals if they did not have environmental review capabilities available in-house. A separate RFP for environmental review will be issued, to be funded from the remaining budget allocated to the project. Because the cost of the agreement exceeds $100,000, Council approval is required. The Work Program for services to be provided by KTGY, including the project budget, is attached to this report as Exhibit A. FISCAL IMPACT In the FY 2018-19 Mid -year Report, the City Council allocated $225,000 from the General Fund towards a CIP project for the North Rollins Road Specific Plan. An additional $160,000 will be provided through the Senate Bill 2 (SB 2, 2017) Planning Grants Program, and approximately $96,000 is anticipated to be remaining in funding originally allocated to the General Plan Update, for a total of $481,000 allocated towards the funding of the specific plan and environmental review. The KTGY proposal does not include environmental review. After subtracting the $292,305 amount for the specific plan, $188,695 remains allocated for the environmental review under separate contract. Any unused budget would be returned to the General Fund at the completion of the project and/or be available for follow-up implementation activities. :7iili>m, • Proposed Resolution • Agreement for Professional Services with KTGY • Exhibit A: Scope of Work • KTGY Proposal Excerpt — Team Qualifications 3 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH KTGY FOR PREPARATION OF THE NORTH ROLLINS ROAD SPECIFIC PLAN IN A NOT TO EXCEED AMOUNT OF $292,305 WHEREAS, the City of Burlingame has embarked on the preparation of a specific plan for the North Rollins Road area of the city; and WHEREAS, the Community Development Department sought proposals from qualified consulting firms to prepare the specific plan; and WHEREAS, the City has selected KTGY to prepare the specific plan based on its experience preparing similar documents, its experience with urban design and development standards, its community participation and outreach plan, and the expertise of the team assembled for preparation of the update; and WHEREAS, an agreement has been prepared incorporating the Work Program, Cost Estimate, and Project Schedule prepared by KTGY in the amount of $292,305, which was found to be adequate to complete the specific plan document; and WHEREAS, because the agreement will authorize work in excess of $100,000, City Council approval is required. NOW, THEREFORE, BE IT RESOLVED AND ORDERED: The City Manager is authorized and directed to enter into a Professional Services Agreement with KTGY for the preparation of the North Rollins Road Specific Plan, consistent with the Work Program attached to this resolution, for a maximum cost of $292,305, as stated in the Work Program. 2. The City Clerk is directed to attest to the signature of the City Manager upon execution of the Professional Services Agreement. Emily Beach, 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 1611 day of March 2020, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Meaghan Hassel -Shearer, City Clerk AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF BURLINGAME AND KTGY TO PREPARE THE NORTH ROLLINS ROAD SPECIFIC PLAN THIS AGREEMENT is by and between KTGY ("Consultant") and the City of Burlingame, a public body of the State of California ("City"). Consultant and City agree: 1. Services. Consultant shall provide the Services set forth in Exhibit A, attached hereto and incorporated herein, to render services for the preparation of a specific plan for the North Rollins Road Mixed Use area in Burlingame. 2. Compensation. Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum compensation amount, Consultant agrees to provide services as described in the attached scope of work, which is anticipated to cost $292,305, including all materials and other reimbursable amounts ("Maximum Compensation"), for the preparation and coordination of the specific plan. Consultant shall submit invoices on a monthly basis. All bills submitted by Consultant shall contain sufficient information to determine whether the amount deemed due and payable is accurate. Bills shall include a brief description of services performed, the date services were performed, the number of hours spent and by whom, a brief description of any costs incurred and the Consultant's signature. 3. Term. This Agreement commences on full execution hereof and terminates on December 31, 2021, unless otherwise extended or terminated pursuant to the provisions hereof. Consultant agrees to diligently prosecute the services to be provided under this Agreement to completion and in accordance with any schedules specified herein. In the performance of this Agreement, time is of the essence. Time extensions for delays beyond the Consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator prior to the expiration of the specified completion date. 4. Assignment and Subcontracting. A substantial inducement to City for entering into this Agreement is the professional reputation and competence of Consultant. Neither this Agreement nor any interest herein may be assigned or subcontracted by Consultant without the prior written approval of City. It is expressly understood and agreed by both parties that Consultant is an independent contractor and not an employee of the City. 5. Insurance. Consultant, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof, acceptable to the City, the insurance coverages specified in Exhibit B, "City Insurance Requirements," attached hereto and incorporated herein by reference. Consultant shall demonstrate proof of required insurance coverage prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance to City. 6. Indemnification. Consultant shall indemnify, defend, and hold City, its directors, officers, employees, agents, and volunteers harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of, pertaining or relating to the negligence, recklessness or willful misconduct of Consultant, its employees, subcontractors, or agents, or on account of the performance or character of the Services, except for any such claim arising out of the sole negligence or willful misconduct of the City, its officers, employees, agents, or volunteers. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in section 2778 of the California Civil Code. Notwithstanding the foregoing, for any design professional services, the duty to defend and indemnify City shall be limited to that allowed pursuant to California Civil Code section 2782.8. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 7. Termination and Abandonment. This Agreement may be cancelled at any time by City for its convenience upon written notice to Consultant. In the event of such termination, Consultant shall be entitled to pro -rated compensation for authorized Services performed prior to the effective date of termination provided however that City may condition payment of such compensation upon Consultant's delivery to City of any or all materials described herein. In the event the Consultant ceases performing services under this Agreement or otherwise abandons the project prior to completing all of the Services described in this Agreement, Consultant shall, without delay, deliver to City all materials and records prepared or obtained in the performance of this Agreement. Consultant shall be paid for the reasonable value of the authorized Services performed up to the time of Consultant's cessation or abandonment, less a deduction for any damages or additional expenses which City incurs as a result of such cessation or abandonment. 8. Ownership of Materials. All documents, materials, and records of a finished nature, including but not limited to final plans, specifications, video or audio tapes, photographs, computer data, software, reports, maps, electronic files and films, and any final revisions, prepared or obtained in the performance of this Agreement, shall be delivered to and become the property of City. All documents and materials of a preliminary nature, including but not limited to notes, sketches, preliminary plans, computations and other data, and any other material referenced in this Section, prepared or obtained in the performance of this Agreement, shall be made available, upon request, to City at no additional charge and without restriction or limitation on their use. Upon City's request, Consultant shall execute appropriate documents to assign to the City the copyright or trademark to work created pursuant to this Agreement. Consultant shall return all City property in Consultant's control or possession immediately upon termination. 9. Compliance with Laws. In the performance of this Agreement, Consultant shall abide by and conform to any and all applicable laws of the United States and the State of California, and all ordinances, regulations, and policies of the City. Consultant warrants that all work done under this Agreement will be in compliance with all applicable safety rules, laws, statutes, and practices, including but not limited to Cal/OSHA regulations. If a license or registration of any kind is required of Consultant, its employees, agents, or subcontractors by law, Consultant warrants that such license has been obtained, is valid and in good standing, and Consultant shall keep it in effect at all times during the term of this Agreement, and that any applicable bond shall be posted in accordance with all applicable laws and regulations. 10. Conflict of Interest. Consultant warrants and covenants that Consultant presently has no interest in, nor shall any interest be hereinafter acquired in, any matter which will render the services required under the provisions of this Agreement a violation of any applicable state, local, or federal law. In the event that any conflict of interest should nevertheless hereinafter arise, Consultant shall promptly notify City of the existence of such conflict of interest so that the City may determine whether to terminate this Agreement. Consultant further warrants its compliance with the Political Reform Act (Government Code § 81000 et seq.) respecting this Agreement. 11. Whole Agreement and Amendments. This Agreement constitutes the entire understanding and Agreement of the parties and integrates all of the terms and conditions mentioned herein or incidental hereto and supersedes all negotiations or any previous written or oral Agreements between the parties with respect to all or any part of the subject matter hereof. The parties intend not to create rights in, or to grant remedies to, any third party as a beneficiary of this Agreement or of any duty, covenant, obligation, or undertaking established herein. This Agreement may be amended only by a written document, executed by both Consultant and the City Manager, and approved as to form by the City Attorney. Such document shall expressly state that it is intended by the parties to amend certain terms and conditions of this Agreement. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. Multiple copies of this Agreement may be executed but the parties agree that the Agreement on file in the office of the City Clerk is the version of the Agreement that shall take precedence should any differences exist among counterparts of the document. This Agreement and all matters relating to it shall be governed by the laws of the State of California. 12. Capacity of Parties. Each signatory and party hereto warrants and represents to the other party that it has all legal authority and capacity and direction from its principal to enter into this Agreement and that all necessary actions have been taken so as to enable it to enter into this Agreement. 13. Severability. Should any part of this Agreement be declared by a final decision by a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond the authority of either party to enter into or carry out, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement, absent the unexcised portion, can be reasonably interpreted to give effect to the intentions of the parties. 14. Notice. Any notice required or desired to be given under this Agreement shall be in writing and shall be personally served or, in lieu of personal service, may be given by (i) depositing such notice in the United States mail, registered or certified, return receipt requested, postage prepaid, addressed to a party at its address set forth in Exhibit A; (ii) transmitting such notice by means of Federal Express or similar overnight commercial courier ("Courier"), postage paid and addressed to the other at its street address set forth below; (iii) transmitting the same by facsimile, in which case notice shall be deemed delivered upon confirmation of receipt by the sending facsimile machine's acknowledgment of such with date and time printout; or (iv) by personal delivery. Any notice given by Courier shall be deemed given on the date shown on the receipt for acceptance or rejection of the notice. Either party may, by written notice, change the address to which notices addressed to it shall thereafter be sent. 15. Miscellaneous. Except to the extent that it provides a part of the definition of the term used herein, the captions used in this Agreement are for convenience only and shall not be considered in the construction of interpretation of any provision hereof, nor taken as a correct or complete segregation of the several units of materials and labor. Capitalized terms refer to the definition provide with its first usage in the Agreement. When the context of this Agreement requires, the neuter gender includes the masculine, the feminine, a partnership or corporation, trust or joint venture, and the singular includes the plural. The terms "shall", "will", "must" and "agree" are mandatory. The term "may" is permissive. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. When a party is required to do something by this Agreement, it shall do so at its sole cost and expense without right to reimbursement from the other party unless specific provision is made otherwise. Where any party is obligated not to perform any act, such party is also obligated to restrain any others within its control from performing such act, including its agents, invitees, contractors, subcontractors and employees. IN WITNESS WHEREOF, Consultant and City execute this Agreement. CITY OF BURLINGAME KTGY 501 Primrose Road 1814 Franklin Street, Suite 400 Burlingame, CA 94010 Oakland, CA 94612 Date: Lisa Goldman City Manager Meaghan Hassel -Shearer City Clerk I0 Jill Williams Principal, Chairman Date: Federal Employer ID Number: License Number: Expiration Date: Approved as to form: Kathleen Kane City Attorney Attachments: Exhibit A Scope of Work Exhibit B City Insurance Provisions EXHIBIT A NORTH ROLLINS ROAD SPECIFIC PLAN SCOPE OF WORK PHASE 1 — PROJECT COMMENCEMENT Task 1.1 — Information Gathering The Consultant shall review and collect existing information about the study area. Primary sources of information are the General Plan, existing Specific Plans, and the General Plan EIR, and appendices, as well as available utility and infrastructure record documents. The selected Consultant will review and use this information to develop the Specific Plan. No additional traffic information or data is requested to be provided. Task 1.2 — Kick-off Meeting with Key Partners and Consultant The Consultant(s) and City staff will meet to review and finalize the work scope and project schedule. The meeting will include a discussion of project goals, opportunities and constraints, provision of relevant background information and documents for the existing conditions analysis, arrangement of informational meetings with relevant City staff members, development of the community engagement program, and project management. Deliverables: Project commencement meeting with City staff Memorandum summarizing the meeting (Word and PDF format) Task 1.3 — Community Engagement Strategy The General Plan Update included robust outreach and stakeholder participation. For the Speck Plan, staff anticipates a more focused, stakeholder -oriented approach emphasizing the design and technical aspects of the plan. With assistance from City staff, the Consultant will develop an engagement strategy which will focus on reaching and including key business owners, property owners, and residents. The main goals of the strategy will be to: • Engage an Advisory Committee representing a cross-section of businesses, property owners, and residents in and around the Specific Plan • Provide information to the Advisory Committee and broader community regarding the goals and policies of the existing Specific Plan and new General Plan • Invite input on features of the existing Specific Plan that have been successful and those that have been less successful • Provide information to the community regarding the purpose of the Specific Plan update and clearly describe the impacts and benefits and timing of its implementation; and • Provide opportunities for stakeholders and interested community members to plan for the future of their community, including seeking input on the vision for the area, development of land use, and development of the final preferred alternative. The Advisory Committee will be made up of area residents, business owners, property owners, environmental groups, housing advocates, and members of the development community. The Committee members will be identified and asked to participate through meetings with community members and leaders and may be appointed by the City Council. The purpose of the Advisory Committee is to involve the community in the Specific Plan process in a focused, technically -oriented manner, to be leaders and a voice for the community, and to ensure that their input and interests are heard and reflected. The group will help review plan concepts developed by the Consultants and ensure that community sentiment is reflected in the plan. The strategy should include an approach for contacting all business and property owners within the plan boundaries as well as those within the Rollins Road corridor. The project budget should include the cost of preparing community meeting notices, as well as any meeting materials, renderings, and photographic simulations that will assist in the engagement process. It is assumed that materials will be made in both English and Spanish. The consultant will work with City staff to develop a project website to provide background and meeting information, reports and maps related to the project. The project website will be part of the City's website (rather than a separate, outside website linked to the City's). City staff will post information and keep the site current. At this time, our team will assume 4 Advisory Committee Meetings and 4 Community Meetings for a total of 8 engagement meetings, to be hosted by the City. The meetings will occur over the course of the project. Specific timing and dates for these meetings will be dependent upon consultation with the City and applicant and will be flexible to fit the needs of the Project. It is also anticipated that TumingPoint technology, a software designed to complement Microsoft PowerPoint, will be used at the first outreach meeting. With this program, participants are given a small remote device that allows anonymous voting on key issues. Since voting is anonymous, it prevents a vocal person from dominating the meeting with their ideas and gives "one voice, one vote." It also enables the meeting facilitator to have a more dynamic discussion as a follow-up to the results. Below are descriptions of the Community Engagement Plan and potential outreach methods as part of this task. (a) Community Engagement Plan Work with staff, develop a tailored Public Participation Plan, clearly identify expectations, roles and schedule. • Review previous outreach efforts and communication channels; (interviews, focus groups, community meetings, on-line surveys) what worked? What could be improved? • Define overarching goals of the process • Identify target audiences and their engagement opportunities Prepare Stakeholder Matrix: identifying key groups and individuals and method of engagement Clarify key issues and questions which need to be addressed at each stage of process • Identify location, format and logistics for community events/meetings (daycare, food, translation) • Develop a schedule for outreach (b) Awareness Campaign • Develop a logo and tagline to "brand" process in all communication • Create a social media strategy (Facebook, Next -door, etc.) and calendar for postings • Utilize email list created during the general plan • Prepare outreach collateral (banners, flyers for posting, postcard, etc.) (assume 5 pieces) • Identify potential events/locations for advertising, noticing, and postings for outreach efforts. (c) Advisory Committee Meetings Assist staff to identify and recruit committee members. (d) Stakeholder Interviews/Meetings • Conduct interviews with key stakeholders groups who cannot participate on committee. (e) Neighborhood Open House (Rollins Community Meetings) • Open house will provide an opportunity for local business and property owners. To review material and provide input. Open house will be held in the Rollins Neighborhood at a time convenient to target audience. The consultant team will facilitate open house to encourage involvement in the planning process. Example: Workshop 1 — "What do we want' The existing concerns repeat and visual preferred survey will be presented (presentation materials — PowerPoint, graphics, maps, etc.). The workshop will be an open house format designed to promote quality interaction and discussions, of unmet recreation needs and specific issues. Workshop 2 — "What works for us" Evaluation of alternatives. Workshop 3 — "Preferred Concept Plan" Feedback and comment on the specific planning recommendations. Workshop 4— "Draft Specific Plan" Deliverables: Community Engagement Strategy (Word and PDF format) Visualization tools, including renderings and visual simulations (physical and electronic format) Task 1.4 — Technical Advisory Committee (TAC) City staff will convene a Technical Advisory Committee, or TAC, to consult and advise the project team during the development of the specific plan. The TAC would consist of city staff from Community Development, Engineering, Parks and Recreation, Public Works and other departments with a vested interest in this project. Staff from other partner agencies may be invited to participate on the TAC as well. KTGY will consult with City staff to develop the TAC roster. The TAC will be convened up to 4 times during the course of the project schedule, to review draft work products, advise on policy and plan development and help staff prepare for public meetings, workshops and hearings. City staff will be responsible for finalizing the list of TAC members and inviting them to participate. For 3 regular meetings, the City will secure meeting locations and provide materials. Deliverables: Attendance at 4 Technical Advisory Committee JAC) meetings Task 1.5 — Project Management — Weekly Conference Calls The consultant should anticipate weekly project update conference calls between the Consultant and City staff throughout the duration of the project. This task should provide for weekly 45-minute conference calls for an 18-month timeline, and other associated project management. Deliverables: Project Management — Weekly Conference Calls PHASE 2 — EXISTING CONDITIONS AND INITIAL OUTREACH Task 2.1 — Existing Conditions Map and Report A brief existing conditions and opportunities map and report will be developed. The Existing Conditions Report prepared for the General Plan Update can serve as a starting point, with the consultant providing updated and more detailed information appropriate to the Specific Plan. The consultant will evaluate the existing physical and regulatory conditions in the project study area. Information to be included: existing land use; physical conditions, including structures in poor or deteriorating condition; environmental conditions, including areas of known soil or groundwater contamination; urban form; pending and approved development projects; planned public and private improvement projects; circulation network; transit use; historic resources (if any); and, development constraints. The consultant will review available utility and infrastructure record document as well as existing easement and mapping documents. Based on analysis of existing conditions, opportunities in the plan area shall be identified, along with potential constraints. Information to be included: existing land use; physical conditions, including structures in poor or deteriorating condition; environmental conditions, including areas of known soil or groundwater contamination; urban form; pending and approved development projects; planned public and private improvement projects; circulation network; transit use; historic resources (if any); and, development constraints. The consultant will review available utility and infrastructure record document as well as existing easement and mapping documents. Based on analysis of existing conditions, opportunities in the plan area shall be identified, along with potential constraints. The residential analysis will assess the future potential for housing of various types, at all levels of affordability. It will consider the likelihood and benefits of transit oriented residential development in Plan area. At this time, the team will rely on the General Plan efforts in regards to the residential analysis and is not including an Economic Market Demand Analysis consultant and will consider it an optional scope and fee. n There will also be reconnaissance and exploration: a) Opportunities for connectivity • Creek Corridors • Transmission/Floodway Corridor b) Private recreation amenities offered in area (Primetime Athletic Club, Burlingamer, etc.) to understand potential unmet needs with area. c) Senior public uses which could allow public gathering spaces (Humane Society and SPCA) d) Opportunities to create gateway to Rollins neighborhood entries at Broadway and Millbrae Avenue e) Significant landscape or architecture features which may contribute to Neighborhood/identity - Eucalyptus wind rows along BART, architecture forms. Soft landscape Deliverables: • Existing Conditions and Opportunities Map, 2 hard copies and PDF format • Brief Existing Conditions and Opportunities Report, 10 hard copies and PDF format • High level overview of traffic/transit patterns and utility considerations Task 2.2 — Advisory Committee and Community Meeting #1 The first meeting of the Advisory Committee will occur after completion of the existing conditions and opportunities analysis. The purpose of the meeting is to understand the stakeholders's vision for the Specific Plan area and solicit input on opportunities, issues, and hopes for the area. The Consultant will develop a process/survey/exercises to understand community preferences regarding the Plan area. Use of photo simulations and development prototypes to help identify preferences should be employed, as well as community asset mapping, allowing the community to identify assets or concepts for improving the area. The use of TumingPoint Technology may be employed. The meetings will provide input regarding community interests that will help in the development of two concept plan alternatives. The consultant will lead these meetings. Deliverables: • Advisory Committee Meeting Notice and Agenda #1 notice/agenda (Word and PDF format) • Advisory Committee Meeting #1, including attendance and facilitation, and all necessary meeting materials • Advisory Committee Meeting summary (Word and PDF format) • Community Meeting 1 notice/agenda (Word and PDF format) • Community Meeting 1, including attendance and facilitation, and all necessary meeting materials • Community Meeting 1 summary (Word and PDF format) • Consultant/staff meetings with community groups, residents, business owners, etc. PHASE 3 — CONCEPT PLAN ALTERNATIVES Task 3.1 Preparation of Two Concept Plan Alternatives Following the initial meetings and outreach, the consultant shall develop the concept plan alternatives. The two scenarios should be developed to facilitate pedestrian and bicycle access to the Millbrae station and to other areas of Burlingame. Alternatives should promote development of healthy, walkable neighborhoods, and enhance opportunities for residents to easily access services and facilities throughout the plan area and beyond the boundary. Changes to development standards or incorporation of form -based code may be considered. The alternatives should consider information prepared through the planning process and from outreach conducted. Each alternative shall address: • Achievement of a mix of housing units with proximity to daily services • The effects of increased building height, increased density, and a modal split of reduced parking within the plan area and increased transit, walking, and bicycle • Distribution and quantification of proposed new uses, including dwelling units by type and non- residential square footage by type and associated jobs • Motor vehicle, transit, bicycle, and pedestrian circulation • Roadway design alternatives including sidewalk width, public amenities/furniture, and on - street parking • Location and design of public spaces, sustainability features and community facility options, illustrating how these fit into the built environment Task 3.2 Advisory Committee Meeting #2 The consultant will present the alternatives to the Advisory Committee Meeting 2 and Community Meeting 2. At these meetings, the consultant shall utilize creative, interactive techniques to understand participants' preferences. This may result in a clear preference for one alternative or in a hybrid concept which combines components of each. Based upon input received, the consultant shall develop a preferred concept plan alternative which will serve as the basis for the Specific Plan. Input received will be used to refine the alternative and develop the preferred alternative. Deliverables: • Large format display graphics illustrating the alternative land use, circulation, and urban design plans with additional sketches, visual simulations, elevations, and street sections needed to convey each alternative, 2 hard copies and PDF format • Quantified development potential for each alternative • Advisory Committee Meeting 2 notice/agenda (Word and PDF format) • Advisory Committee Meeting 2, including attendance and facilitation, and all necessary meeting materials • Advisory Committee Meeting 2 summary (Word and PDF format) • Community Meeting 2 notice/agenda (Word and PDF format) • Community Meeting 2, including attendance and facilitation, and all necessary meeting materials • Community Meeting 2 summary (Word and PDF format) • Consultant/staff meetings with community groups, residents, business owners, etc. PHASE 4—SPECIFIC PLAN PREPARATION Task 4.1a Preparation of Preferred Concept Plan Alternative Based on input received at the second Advisory Committee and Community meetings, as well as input received from other methods of community outreach, the Consultant, in consultation with City staff, will develop a preferred concept plan alternative which will serve as a basis for the draft Specific Plan. The preferred concept plan alternative will be reviewed by the City Council and Planning Commission in a joint meeting prior to drafting the speck plan. Task 4.1 b Advisory Committee and Community Meeting #3 The consultant will present the preferred concept plan alternative to the Advisory Committee Meeting 3 and Community Meeting 3. At these meetings, the consultant shall utilize creative, interactive techniques to understand participants' preferences. This may result in a clear preference for one alternative or in a hybrid concept which combines components of each. Based upon input received, the consultant shall develop a preferred concept plan alternative which will serve as the basis for the Specific Plan. Input received will be used to refine the alternative and develop the preferred alternative. Deliverables: • Advisory Committee Meeting 3 notice/agenda (Word and PDF format) Advisory Committee Meeting 3, including attendance and facilitation, and all necessary meeting materials, if necessary • Advisory Committee Meeting 3 summary (Word and PDF format) • Joint City Council/Planning Commission meeting to review Preferred Concept Plan, including attendance and presentation Task 4.2 Preparation of Infrastructure Development and Services Plan The Consultant shall prepare an Infrastructure Development and Services Plan and Budget to determine, at a preliminary engineering level, infrastructure needed to support land uses and improvements identified in the preferred alternative. The analysis shall describe infrastructure conditions and improvements needed to support the plan in terms of water, wastewater, storm drainage (including low impact development and green infrastructure), electricity, gas, cable, telephone service, internet/fiiber, transportation, greenways, and parks. Distinction shall be made between improvements needed for existing versus future development so future costs can be appropriately attributed. In addition, increased demand for public services such as transit, schools, police, and fire required to serve the plan area should be identified, with an estimate of costs associated with providing those services. The plan and budget shall: Analyze and summarize existing and needed service capacities. The analysis will be based on readily available utility information provided by the City and service providers. Hydraulic capacity calculations and modeling of existing city infrastructure are excluded from this phase of the project. Assess the services envisioned in the existing North Burlingame/Rollins Road Specific Plan 7 and those that would be needed with the preferred alternative • Include phasing and construction issues and strategies • Provide descriptions of needed public improvements, including street improvements to City standard, traffic and transit improvements (both capital and service), upsizing of water and wastewater mains and storm drains, undergrounding utilities, and park acquisition and development costs Provide descriptions of needed improvements associated with private utilities, such as natural gas, electric, phone, cable and internet connectivity • Provide descriptions of any changes required to public services and facilities; and • Provide cost estimates and phasing recommendations for needed improvements and services by system or type within the Plan area The draft Infrastructure Development and Services Plan will be reviewed by staff and service providers. Any comments will be provided back to the consultant for correction prior to inclusion into the Specific Plan. Deliverables: Draft Infrastructure Development and Financing Strategy Report, 10 hard copies and PDF format Incorporation of staff and agency comments to prepare final report for inclusion in the Specific Plan Task 4.3a - Prepare Public Review Draft of the Specific Plan The Consultant shall prepare a draft Specific Plan in compliance with State law. The updated Specific Plan will serve as the City's long range, comprehensive land use, circulation, and implementation plan for guiding development within the plan boundary. The Specific Plan shall contain the following components: a) Land Use Plan - Description of the land uses, maps, diagrams, policies, development standards, development guidelines, massing, etc, b) Transportation - Description of circulation for motor vehicles, transit, bicycles, and pedestrians. Policies regarding complete streets c) Urban Design - Design and development standards for development, streetscapes, and open space. Develop a unifying brand or theme to unify Rollins Neighborhood. This brand will be reflected with the Public realm amenities (lighting, street furnishing, material selections, etc.) Open space system and establish park and open space request service levels for public and private park and open space. a. Identify standards for programming of public open space users and amenities. b. Prepare annotated prototypes for open space types which might include: • Linear park/trail • Central gathering space • Pedestrian promenade • Roof deck public space • Pocket park ii. Streetscape System - Develop a hierarchal master streetscape plan. d) Public Services - Includes information about services and infrastructure needed to implement the updated plan. This should include specific policies regarding utilities, public safety, parks, educational facilities, libraries, and cultural facilities. e) Access and Connectivity Plan - Addresses access to and through the plan area with specific focus on connecting housing with all transportation modes including walking, bicycling, driving, and transit. Accessible design for disabled and elderly persons should be a component of this section f) Implementation and Financing Plan - Identifies actions and strategies for plan implementation, along with completion date estimates, phasing, and cost estimates. Includes infrastructure improvements needed for Plan implementation. An administrative draft Specific Plan shall be prepared for review by City staff. Comments received shall be incorporated into the public review draft Specific Plan. Task 4.3b Advisory Committee and Community Meeting #4 The consultant shall conduct an Advisory Committee and Community Meeting, and any other method of outreach, following preparation and release of the draft Specific Plan to present the plan and to receive public comment and input. Deliverables: • Administrative Draft Specific Plan, 10 hard copies and PDF format • Public Review Draft Specific Plan, 20 hard copies and PDF format Advisory Committee Meeting 4 notice/agenda (Word and PDF format) Advisory Committee Meeting 4, including attendance and facilitation, and all necessary meeting materials, if necessary • Advisory Committee Meeting 4 summary (Word and PDF format) • Community Meeting 4 notice/agenda (Word and PDF format) • Community Meeting 4, including attendance and facilitation, and all necessary meeting materials • Community Meeting 4 summary (Word and PDF format) • Consultant/staff meetings with community groups, residents, business owners, etc. Task 4.4 —Specific Plan Consultation and Referrals State Law requires consultation with a variety of Federal, State, regional, and local agencies whenever a jurisdiction updates or emends its general plan (e.g., Native American Tribes, Military Branches, Airport Land Use Commission). These statutes are located throughout the Government Code and have varying requirements for when draft and final documents must be submitted and how long agencies have to review and provide comments. The consultants will maintain a checklist of agency consultation requirements that we will use to ensure the City provides the Specific Plan to the appropriate agencies. Deliverable: • Agency checklist and routing of draft Specific Plan for comments. Task 4.5 — Final Draft Specific Plan The Consultant shall prepare a final draft Specific Plan based on comments received during the review period. Deliverable: Final Draft Specific Plan, 10 hard copies and PDF format PHASE 5—SPECIFIC PLAN ADOPTION Task 5.1 — Environmental Review The Consultant will coordinate with the City and its environmental consultant regarding the type of environmental clearance determined appropriate for the plan. It is anticipated that the project will utilize the General Plan EIR for clearance, depending on the findings of the initial study prepared for the Specific Plan. Task 5.2 — Planning Commission Public Hearing The Consultant will facilitate, in conjunction with City Staff, materials for a public hearing with the Planning Commission to review and make a recommendation to the City Council regarding the Specific Plan. The consultant team will make refinements to the Specific Plan based on Planning Commission input, if required. Deliverables: Review and input on staff report for meeting PowerPoint presentation Presentation Task 5.3 — City Council Adoption Hearing The Consultant will facilitate, in conjunction with City Staff, materials for a City Council public hearing to adopt the Specific Plan. Deliverables: Review and input of staff report for meeting PowerPoint presentation Presentation 10 Task 5.4— Final Specific Plan Document Following public review of the Specific Plan, the Consultant will prepare the Final Specific Plan. Deliverables: Final Specific Plan, 10 hard copies and Word and PDF formats 11 North Rollins Road Specific Plan - Cost Proposal UPDATED 03/02/2020 a JASON GAVIN Assitant Planner Linda Gates Rusty Cast Kefieyi-otosky SUIT Mike Mowery Elizabeth Chao Mail Liss.k E.bted (KTGY) jKTGY) tKTGY) (KIGY) �GATEIH (GATES) JGATES) IGATES) (Kimley Horn) fKimley Hom) JKlmley Her") Hours Cost Houn as f 215.00 S 1B0.00 S 180.00 f 700.00 S 200.00 E 150.00 § 140.00 S 110.00 S 278.00 S 200.00 E 200.00 Phase t: Project Commencement Task 1.1 Gathering Ind ..bon 3 $ 645 3 $ 540 3 $ 540 e $ 800 2 E 400 2 $ 300 21 $ 3,225 Task 1.2 Fick -Off Meetingw/ KeyPartners S Consultant 4 $ S60 4 $ 720 4 $ 720 3 S 600 3 E 450 4 $ 1,100 4 $ 800 4 S 800 30 E 6,050 Task 1.3 Community Engagement Strategy 4 E 860 4 S 720 3 $ 540 2 $ 2W 12 S 2400 40 $ 5600 10 E 1 1 W 75 E 11 420 Task 1.4 Technical AdvisoryCommittee TAC meetin s 4 $ 860 4 f 7201 32 $ 3200 4 S 600 42 $ 4,620 4 $ 1100 16 $ 3.200 16 E 3,200 122 $ 17,500 Task 1.5 Piviect Mana amen- W klv Conference Cals 24 5160 1 24 3 6,00 4B $ 8760 Phase 2: Existing Conditions and Initial Outreach Task 2.1 Existing Conditions Map and Report 20 S 4,300 4 $ 7201 3 $ 540 1 40 $ 4,000 1 6 $ 1,200 1 16 $ 2,400 1 1 1 16 S 1,760 1 10 S 2.750 24 $ 4,BW 8 E 1,600 1 147 $ 24,070 Task 2.2 AdvisoryCommittee and Communi Meeti #1 1 8 $ 1720 4 $ 720 24 $ 2400 14 $ 2800 16 $ 2,240 1 $ 440 2 $ 550 72 E 10.870 Phase 3: Concept Plan Ahematives Task 3.1 Preparation of Two Concept Plan Alternatives 1 30 $ 6.450 10 $ 1 800 1 2 $ 360 1 40 $ 4.000 2 $ 4D0 1 24 $ 3,600 1 32 $ 3,520 10 $ 2,750 24 $ 4,800 10 $ 2,000 1 194 $ 29,680 Task 3.2 Adviw Cemmlttse and Community Meeting #2 1 8 $ 1720 1 4 $ 7201 1 24111 2400 1 14 28001 1 1 161 22401 81 8801 2 $ 5501 1 1 1 1 76 $ 11310 Phase 4: S ciSc Plan Preparation Task 4.1 a: Pre aretion of Preferred Concept Plan Altemabve 20 $ 4,300 t0 § 1,800 10 E 1,800 30 E 3,000 2 S 400 24 § 3,800 40 E 4,400 138 E 19,300 Task 4.1 b: Advisory ComarJtiee and Community Meeting #3 7201 16 $ 2,240 8 $ 880 2 $ 650 4 $ 800 4 $ 800 84 $ 12.910 Tack 4.2: Preparaton of Infrastructure Development and Services Plan 1 1 4 $ 1,10D 4 1 $ 1,100 Task 4.3a: Pre are Public Review Draft of the Specific Plan 24 $ 5,160 24 $ 4.320 1 65 S 11.700 60 S 6.000 16 $ 3.200 fi0 S 9000 60 $ 6,60D 4 $ 1,100 10 S 2000, 30 $ 6000 353 S 55.080 Task 4.3b: AdvisoryCommittee and CommunityMeeting #4 8 E 1 720 4 $ 720 24 S 2,400 14 $ 2 800 16 $ 2.240 8 $ 880 2 $ 550 4 I 800 4 $ 800 84 $ 12,910 Task 4./'. S nfic Plan Construction and! Rafamh 16 S 3440 1 S 720 16 $ 1 600 36 S 5.760 Task 4.5'. Final Draft Specific Man 12 2 580 20 7 6D0 45I 30 580 Phase 5: Specific Plan Adoption Task 5.1 Environmental Review 10 $ 2.150 10 $ 1,800 B E 800 8 $ ISD0 8 $ 1,200 8 $ 880 4 $ 1,100 4 E 800 4 $ 800 64 $ 11,130 Task 5.2 Planning Commission Pudic Hearing,4 E 860 i6 § 1 600 4 E 800 2 E 300 4 S 1,100.00 30 E 4,660 Task 5.3 City Council Adoption Hearin 4 $ 860 i6 E 1 600 4 $ 800 2 $ 300 26 E 3,560 Tesk 5.4 Final S cific Plan Document 1 D 2 150 16 2,880 30 5 400 20 $ 2 DDO 78 S 12 430 *Reimbursables (PnMing Mileage. Noticing, Etc. are assumed as separate items outs, of labor costs TOTAL LABOR HOURS AND COSTS 221 S 47,5/8.00 122 S 23220.00 185 S 20700.00 404 E 40,400.00 127 S 28400 201 S 30150 104 S 14560 278 f JO J80 58 S 15400 94 S 18800 M f 18 B00 7881 S 2B2 SOS PROPOSAL FOR NORTH ROLLINS ROAD SPECIFIC PLAN PREPARED FOR: CITY OF BURLINGAME DECEMBER 5, 2019 1814 Franklin Street Suite 400 Oakland, CA 94612 510.272.2910 December 5, 2019 City of Burlingame Community Development Department - Planning Division 501 Primrose Road Burlingame, CA 94010 Re: Proposal — North Rollins Road Specific Plan To Mr. Kevin Gardiner, Mrs. Nil Blackburn and the Planning Division of the City of Burlingame, KTGY is excited to submit our team's qualifications and proposal for the North Rollins Road Specific Plan. The North Rollins Road Specific Plan area has great potential to become a vibrant mixed -use neighborhood that supports residents, commercial businesses, and creative work uses within a dynamic and welcoming open space network. We understand the project area today is comprised of mostly industrial and warehouse uses that have been heavily studied for the "Envision Burlingame" General Plan update with the following goal for the North Rollins area: "[T]he northern one-third of the corridor reimagined as a live/work complete residential neighborhood — with parks, tree -lined streets, and a pedestrian orientation —that connects to the Millbrae multimodal transit station". Our approach to the Specific Plan will build upon this goal and the policies of the General Plan in a collaborative and innovative mannerthat draws on ourteam's collective expertise in planning, urban design, architecture, landscape architecture, and civil engineering. Some key qualifications of our team include: • Established experience in planning unique, lively, and well -crafted communities and destinations that incorporate enduring design, solid market fundamentals, flexible land use policies, and smart growth principles. • Proven experience with functional, budgetary, and scheduling requirements for planning projects. • Experience in crafting land use policy documents, such as Specific Plans, Master Plans, and zoning text, that establish place -making principles, encourage strategic economic development, and include guidelines and standards. • An open and collaborative approach to planning and design. We have viewed the answers and questions submitted to the City regarding the FRP and affirm that the proposal terms shall remain in effect for 90 days following December 5th, 2019. The enclosed materials provide descriptions of our firm, team members and scope of work, all of which demonstrate our commitment to innovation, collaboration, and dedication to our clients. We appreciate the opportunity and look forward to working with you and the City and area stakeholders on this transformative project. Sincerely, 9*JO Jill Williams, AIA Principal I Chairman Cindy Ma, AICP Director, Planning 3 FIRM INTRODUCTION KTGY Architecture + Planning was founded in 1991 by professionals who shared a common belief in creating a firm that would perpetuate its success by investing in superior, productive people with positive attitudes and encouraging a team philosophy. This philosophy fosters an environment of support, training, listening and artistry, which has attracted the best and brightest young people, as well as some of the industry's top seasoned professionals. KTGY serves clients worldwide from seven office locations including Irvine, Los Angeles, Oakland, Denver, Chicago, Tysons (Virginia), and Pune (India). Our Diversity KTGY has a wealth of experience working on planning projects located in a variety of environments, communicating with neighborhood groups, stakeholders, and local jurisdictions, and presenting before multiple boards and commissions associated with complicated projects. From mixed -use community of La Floresta in Brea to drafting complete Specific Plans like Queen of the Valley Specific Plan in West Covina, KTGY has demonstrated that the key to a successful project is a deep understanding of place and an integration of uses with its surroundings. Our Talents, Our People At KTGY, we believe it takes more than great ideas to plan great places; it takes great people. Here, the energy, talent, and creativity of our staff converge with a dedication to exceptional service and the delivery of successful planning solutions. Our passion for placemaking, along with a culture dedicated to collaborating and inspiring professional and personal growth, has attracted some of the best talent in the industry. With over 350 employees, KTGY has the expertise to address a wide range of issues and locales. We pride ourselves on our ability to collaborate between offices, amongst studios, and across disciplines to achieve the best solutions for our clients. 100-ACRE Parcel Development Plan I Irvine, CA 9 FIRM INTRODUCTION GATES + ASSOCIATES is a women -owned 35-person Landscape Architecture, Urban Design and Land Planning firm located in San Ramon, established in 1977. Our lasting success is due to our unique blend of strong design skills, sensitivity to the influence of environmental and cultural settings, understanding of construction realities, and true commitment to consensus building. Our firm's returning client base and numerous design awards reflect our commitment to innovative, high quality, and environmentally -sensitive urban design. To each design, we bring an understanding of the way in which a space is experienced and the creativity to conceive an environment that is usable, educational, and inspirational. Having worked extensively with both public agencies and private sector clients, we have developed valuable insights to both effective project management and the development of successful land plans. We are able to make planning tools flexible enough to account for changing market conditions, while ensuring predictable public benefit. This knowledge allows us to create specific plans and master plans that are truly "implementable." With an understanding of the costs and realities of the market place, our products are not vague planning policies but specific design recommendations. As a leader in sustainable and inclusive design, Gates practices a design approach that facilitates incorporation of community and agency input. Our firm has extensive experience with diverse stakeholders who bring a variety of perspectives to the process. This process - oriented approach optimizes the talents of our graphics professionals, as well as group facilitation techniques, to effectively communicate messages, elicit feedback and work toward consensus. In every project, we advocate for the integration of innovative and sustainable design practices, and have both extensive knowledge of stormwater management BMPs and the California Water Efficient Landscape Ordinance (AB 1881), and a comprehensive portfolio of both LEED and Bay -Friendly projects. Kimley-Horn is a full -service engineering and planning firm composed of transportation planners, civil engineers, structural and electrical engineers, roadway engineers, environmental professionals, and construction phase experts. Kimley-Horn is a national firm with more than 4,000 staff in 95 offices nationwide. We are organized as one company with multiple locations and our organization structure is focused on high -quality client service. Most recently, Engineering News -Record ranked Kimley-Horn 15th among firms for Mass Transit and Rail and 31st of the top 500 design firms overall. Additionally, in 2019 Kimley-Horn was ranked 18th on Fortune's 100 Best Companies to Work For list. Kimley-Horn is able to bring you the resources of a large national firm combined with the understanding of a small local organization. We combines national experience with local insight as part of developing successful solutions for public projects. Renowned for our work on community and land use planning, transportation and mobility, infrastructure, urban design, and streetscape projects nationwide, our multidisciplinary team employs a process driven approach to planning and design while emphasizing community amenities, sustainable design principles, and a strong sense of place. 41 SERVICES E As a full -service architectural and planning firm, KTGY has delivered a depth and breadth of successful design solutions for: Planning Master Planning Urban Design Site Planning Entitlement Government Relations Land Use Policy Visioning Residential Single -Family Detached Small Lot Townhome I Flats Walk Up Wrap Podium High Rise Affordable Student Housing Age Focused (55+) Single Family Affordable Rental Market Rate Rental Market Rate Multi -Family Service Enriched Master Planning Mixed Use Retail International Healthcare SIMILAR PROJECT EXPERIENCE The projects indicated in the table below and detailed on the following pages have been selected to demonstrate our diverse experience and indicate the scope of services that KTGY, Gates, and Kimley-Horn can provide. These examples include contract planning services fee program analysis, zoning text (i.e. Specific Plans), General Plan consistency analysis, community outreach, visioning, public hearing support and yield studies. U V '� all V 0-c Q. N y T O y C C N C -CC i 7 0 C y N C W C M t6 N Q d ` Q N C N _ C O a ro rn ,C y 0 E M Y c m a c a m `m U u a a Q U @ C c c w c r a C 'c E "= `m 0 -C 2 U i `° � U 4 w C y c W m m g� 'ti O O_ y cc� a m .D y 'p m m C 0 i6 .0 O -J i- J U to G U L d C m W f- W v Pepper Ave Specific Plan M ■ ■ ■ M 0 IN ■ ■ ■ 0 0 ■ c Warm Springs Area 4 ■ ■ ■ ■ ■ Alameda Marina ■ ■ ■ ■ ■ ■ ■ ■ 0 0 Bolsa Row ■ ■ ■ ■ ■ ■ ■ H Y El Toro,100-Acre Parcel M 0 ■ 0 N a E ■ ■ ■ m Warm Springs District ■ ■ U California Avenue Complete Streets ■ # N Q Parks & Recreation Facilities N Master Plan Update c t� Ellie Specific Plan # ■ # ■ ■ El Camino Real/Chestnut Ave ■ ■ ■ ■ ■ c Area Specific Plan = Newpark Place Specific Plan ■ E■ El Camino Real Pricise Plan ■ ■ ■ ■ IN ■ ■ Y San Antonio Precise Plan & EIR ■ ■ ■ ■ ■ ■ 0 ALAMEDA MARINA Alameda, CA Bay West Development Group Sean Murphy I sean@alamedamarina.com 20140798 - Aerial Photography © Abraham & Paulin Photography Typology Master Planning I Mixed -Use I Awards Marina I Maritime Commercial 2019 Northern California APA Andrew Thomas I athomas@alamedaca.gov Office I Retail Apartments Townhomes Award of Merit, Comprehensive On -Grade Stacked Flats Plan, Small Jurisdiction Affordable Contract Facts Facts Public Private Partnership Density: ±17 du/ac (gross density) Unit Plan Sizes: 700 - 2,300 sq. ft. Number of Units: 760 du Site Area: ± 44 ac ±17 acres marina/water ±27 acres land side) Maritime, Commercial, Office & Retail: ±250,000 sq. ft. Number of Stories: Maritime Core: 1- 3 Stories Residential: 3 - 5 Stories 10 Contract Amount: $130,000 Date of Contract: 2014 Date of Completion: 2018 Contact Cindy Ma (510) 463-2038 cma@ktgy.com 19 �.MVo I Architecture -Planning Alameda Marina is approximately 44 acres of public and private lands located in the northern waterfront edge of Alameda, California. Its rich maritime history offers a unique opportunity to integrate existing uses with new development to provide a complete live, work, play environment for current and future residents. The Master Plan is a result of over 2 years of community outreach and engagement involving city, community and tenant stakeholders. The result is an enhanced Marina which connects the existing city fabric with view corridors and circulation networks providing access to the waterfront. This is accomplished by extending the existing city street grid to allow for additional access points through the site to the shoreline. The open space along the shoreline edge promotes pedestrian and bicycle connectivity with an extension of the San Francisco Bay Trail, a new Harbor View Park and a new Waterlife Park. The mixed - use community consists of boat marina, maritime commercial space, office, retail, and residential consisting of wrap apartments, affordable and market - rate in a combination of stacked fiat and rowhome configurations. Alameda Marina is also close to public transit networks that include AC Transit bus lines and BART stations. Westminister, CA IP Westminster, LLC Bac Pham; IP Westminster, LLC I bacramada@gmail.com 20150726 91I.Flid I F Architecture + Planning Typology Bolsa Row is situated at the southeast corner of Bolsa Avenue and Brookhurst Street in Planning Infill the heart of Little Saigon, the largest Vietnamese Community in the U.S.. This mixed -use development features a sophisticated French Colonial theme that recalls pre-war Saigon. Services Uses are synergistically centered around a lively festival street, designed to accommodate sidewalk cafes, outdoor seating and community events. The 6-story destination hotel Master Planning I Specific Planning includes 150 rooms and suites, a celebration bridge that connects to a large banquet hall Site Planning I Government Relations at the second level, a pool and spa facility, and a garden space for smaller gathering. At the street corner, the retail and banquet building provides a landmark tower element reminiscent of Vietnam's famous Ben Thanh Market to serve as a gateway for Little Saigon. Facts The 5 story residential at -grade wrap building with pool and spa facility, recreation, fitness Land Use: Retail, Multifamily, and leasing space, has 200 for -rent units. Also, in a French Colonial style, the architecture Hospitality, Function Space greets the street and provides a welcoming and active street scene. KTGY services include entitlements, urban design, retail, preparation of the specific plan and residential Density: 33.5 du/ac architecture for this project. Units: 200 Hotel Keys: 150 Contract Facts Contact Site Area: 6 ac Contract Amount: $377,300 John Moreland Parking: 708 Spaces (includes architecture services) (949) 221-6216 Number of Stories: 2-6 Date of Contract: Mar 2016 jmoreland@ktgy.com Date of Completion: Jul 2018 Retail: 40,000 sq. ft. (planning) Function Space: 13,000 sq. ft. IE AwfelOIC Irvine, CA County of Orange/Lowe Enterprises James Campbell I James.Campbell@ocgov.com 20120038 Typology Planning I Master Planning Transit Oriented Development Services Master Planning Urban Design Facts Land Use: Mixed -Use Development Office Area: 1,876,000 sq. ft. Retail: 220,000 sq. ft. High -Density Residential: 2,103 du Hotel 242 Rooms Site Area: 108 ac 12 I I 0!V0 1 Architecture + Planning El Toro is a phased mixed -use development of approximately 108 acres located with the City of Irvine, California. The El Toro site, part of a former Marine Corps Air Station, is located near the intersection of Interstate 5 and Highway 133, adjacent to the Orange County Great Park, and just west of the planned Irvine Transportation Center. This public -private partnership between the County of Orange and Lowe Enterprises involves adaptive reuse of existing Building 317. The old warehouse building will serve as the heart and soul of a new mixed -use community, which will include retail, office, hospitality, and three to five -story apartment homes in a dynamic transit -oriented setting unique to Orange County. The site plan takes advantage of proximity to the Great Park by establishing a linear park along the project frontage, creating a park within a park, and providing strong visual and physical pedestrian connections through strategic building placement and orientation, multi -modal street designs, and a highly connected trail system. Contract Facts Contact Contract Amount: $521,000 John Moreland (includes 2 sites and some (949) 221-6216 environmental services) jmoreland@ktgy.com Date of Contract: Feb 2014 Date of Completion: Dec 2018 WARM SPRINGS Fremont, CA Lennar Chad Kiltz I Chad.Kiltz@Lennar.com Joel Pullen I jpullen@fremont.gov 1 2 3 4 5 6 7 6 9 10 20140474 �Slw 1 Architecture + Planning For -Sale Phase 1 11 Rec Center For -Sale Phase II 12 School For -Sale Phase 11113 Bart Station Plaza Movement (Aya) 14 Bart Station Retreat 15 Urban Plaza Tech 16 Park Innovia 17 Tesla Motors Toll Brothers Benton Metro Crossing Typology Warm Springs is a 110.9 acre master plan at the heart of Fremont, California's Innovation Planning Master Planning District. As one of 10 areas in the community plan, Warm Springs is the largest and Transit Oriented Development located adjacent to the new BART Station. The Warm Springs master plan advances the City of Fremont's vision for a vibrant, innovative, mixed -use neighborhood that Services supports sustainable values and offers future residents and visitors an array of housing options, employment opportunities, and spaces for recreation and gathering. This new Master Planning neighborhood includes sustainable, walkable, and healthy design options that will allow Architecture people to get out of their cars, walk to school/work and engage with their neighbors. The approach to building design and site planning has been closely aligned to make Facts sure we provide what is needed and required by the city's Fire Department for life and Land Use: Stacked Flats, safety. This means developing solutions that covered building form, building typology Townhomes, Wrap, Podium, and location. When fully realized, this Transit Oriented master plan will consist of Office & Convention, Retail & approximately 2,200 residential units (combination of for -rent, for -sale, and affordable), Entertainment, Park a five acre elementary school, four acre urban park, and roughly 700,000 square feet of commercial office space, and 685,000 square feet of research and development space. Density: 37.9 du/ac Number of Units: 2,606 du Office & Convention, Retail & Contract Facts for Master Plan Entertainment: 703,270 sq. ft. Efforts Only Contact School: 5 ac Contract Amount: $115,000 Cindy Ma Park: 4 ac Date of Contract: 2015 (510) 463-2038 Date of Completion: 2016 cma@ktgy.com Site Area: 110.9 ac 13 Rialto, CA City of Rialto 20130702 Typology Planning I Entitlement & Government Relations Master Planning Services Specific Plan Consultant Management Visioning City Support and Processing Land Use Planning The City of Rialto selected KTGY Architecture + Planning to lead a team of planners, environmental consultants, engineers and other consultants to develop the Pepper Avenue Specific Plan. The City initiated this project to take advantage of a new freeway off -ramp projected to open in 2018, which will create a new gateway into the city. Almost half of the site consists of protected, natural habitat. At least one fault line, a nearby levee and railroad spur add to the constraints for this project. Part of this process includes facilitation of the project with interested neighbors, a diverse group of property owners and other stakeholders, coordination with City Staff, and guiding the project through the City's Planning process. KTGY held an interactive workshop that utilized of Turning Point technology, an interactive, polling software program. The instantaneous results allowed the planning discussions to go deeper into people's values, wants and desires. The interactive workshop was hailed as a success by the city and resulted in beneficial information for the land use plan. Facts KTGY represented the Specific Plan at the Planning Commission and City Council hearings, met with concerned citizens, and assisted with the preparation of Staff Land Use: Retail, Multi -Family, Reports. The Specific Plan was adopted on December 13, 2017 and will host a Office, Public Services (Water future, upcoming meting with City Staff to help facilitate and train on Specific Plan District), Natural Open Space implementation. Site Area:102 ac Contract Facts Contact Contract Amount: $656,261 John Moreland (includes EIR & technical services) (949) 221-6216 Date of Contract: Mar 2016 joreland@ktgy.com 14 Date of Completion: Dec 2017 WARM SPRINGS DISTRICT Fremont, California City of Fremont Roger Ravenstad I Rravenstad@fremont.gov GATES +ASSOCIATES Typology The new Fremont Innovation District (FID) is located in the southern part of the City of Mixed -Use I Residential I Fremont, which is the 4th largest city in the Bay Area and holds an ideal Silicon Valley Streetscape location, with a concentration of innovative companies including Tesla Motors, Lam Research, Seagate, Solar City, and numerous startups. With the Warm Springs / South Facts Fremont Community Plan as a framework, the FID is being developed to serve as an innovation district and employment center that accommodates a mix of compatible uses Public Private Partnership (residential, commercial & office, school site, urban park, and industrial), all centered around Site Area: ± 145 ac the new Warm Springs / South Fremont BART station that opened in March 2017. Contract Facts Gates + Associates is working with St. Anton Communities to develop a turn -key park Contract Amount: $92,200 adjacent to a multi -family affordable housing development in the FID. The linear park will serve as a connection from the private residential landscape network to the public BART Date of Contract: 2015 Plaza, which Gates also designed as a community gathering space that supports both Date of Completion: In Progress commuter needs and special event use. Gates coordinated closely with the City of Fremont Contact to delineate public versus private using landscape markers, such as walls and paving patterns. The park will be city maintained and has been developed to match city standards. Rusty Case (925) 736-8176 x211 Gates is also currently partnering with the City of Fremont, Toll Brothers, and Lennar rusty@dgates.com Homes to develop the backbone streetscapes, Innovation Park, Lila Bringhurst Elementary School, and numerous residential developments throughout the 145-acre area. The overall infrastructure for the community emphasizes walkability and connections. The development will also include Innovation Way, which is a major new commercial corridor that connects Fremont Boulevard to the BART station. 15 CALIFORNIA AVENUE COMPLETE STREETS Palo Alto, California City of Palo Alto Jaime Rodriguez I Jaime.Rodriguez@cityofpaloalto.org Typology Mixed -Use I Streetscape Facts Public Partnership Contract Facts Contract Amount: $120,230 Date of Contract: 2011 Date of Completion: 2015 Contact Linda Gates, Principal (925) 736-8176 x221 linda@dgates.com 16 G AT E S 5 +ASSOCIATES Gates + Associates partnered with the City of Palo Alto to revitalize California Avenue, from El Camino Real to Alma Street, in order to create a vibrant pedestrian and bike -oriented mixed -use district while preserving existing art. The scope of services included road diet, incorporating the sharrow, preserving existing trees, and facilitating community workshops & merchant meetings to analyze design alternatives and identify a preferred plan. Issues addressed included street parking, raised crosswalks with enhanced paving and lighting, and new landscaped areas with thematic signage. Gates also renovated the plaza at the terminus of California Avenue to better facilitate community and event usage. PARKS & RECREATION FACILITIES MASTER PLAN UPDATE Menlo Park, California GATES City of Menlo Park ASSOCjA-DES Rita Shue I RMShue@menlopark.org x Ssw rxotKmt Dmrp irtre. ws:eesxa wg+rmr UIVIVUt PLAY SPACES Typology Master Plan I Community Outreach Facts Public Partnership +130,000 sq. ft. of facilities ±222 ac of parks & open spaces Site Area: ± 17.4 sq. mi. Contract Facts Contract Amount: $199,710 Date of Contract: 2017 Date of Completion: 2019 Contact Linda Gates, Principal (925) 736-8176 x221 linda@dgates.com LEGEND Crty LVn{n PoteMiel Goat Drerbeks T us PaertfiJJorn[ Use/ Dumbortan Rai Co d. Palle h;p Prepomd Pekf (, iacNwdc PWxa Proptt {....O. U1 C,,dor Bcechwcod Sdiaal t+ ' ;. eby� s MdPe�Insda Flood Park ._- ' CaNrain Candor now BIG THEMES TEMAS GRANVESS •vnkcrxs- wivaeaaeemtrxsedrvmtK�r li •ca»xccna+s w+pe�. we�sarrar _ ... / •t�i n'.a. k, �eWKC [os rasps 4�mruaron �. _ a 7 ,y OVA NeeRh ii StP ukS Se 7 �� Pounnal Pocket Parts Gates + Associates teamed with BluePoint Planning to develop a comprehensive Parks and Recreation Facilities Master Plan Update for the City of Menlo Park's existing 15 parks and open spaces, 5 joint -use facilities at school sites, and 11 community facilities. A thorough inventory of existing parks and facilities was conducted, demographics were analyzed, and similar communities were compared as benchmarks. This plan updates the 1999 Plan, to guide future decisions regarding improvements, upgrades and new facilities. Community engagement was a foundation of the project in this built -out city with rapidly changing demographics and significant equity issues. A variety of input methods were used to reach out to the diverse community at various venues, to collect input in a convenient and relevant manner, and also maximize in -person & online participation. Methods included community workshops, pop-up and intercept activities, focus groups, stakeholder interviews, an online survey in English and Spanish, and a custom project website & Facebook group. A series of goals were defined to support the vision and guide the City's provision of parks & recreation facilities and programs over the next 25 years. Specific recommenda- tions to support these goals were also developed and prioritized, along with strategies for implementation. The Plan was approved by City Council in October 2019. 17 ELLIS SPECIFIC PLAN Tracy, California The Surland Companies Les Serpa, Iserpa@surlandcompanies.com Typology Mixed -Use I Specific Plan I Commercial I Office I Retail Apartments I Residential I Parks Facts Public Private Partnership Number of Units: ± 1,040 homes Site Area: ± 321 ac ± 32 ac of public parks ± 47 ac of commercial space Contract Facts Contract Amount: $2,480,582 Date of Contract: 2006 Date of Completion: In Progress Contact Linda Gates 925-736-8176 x221 linda@dgates.com I�3 GATE 61 +ASSOCIATES Ellis is a vibrant new development that encompasses approximately 321 acres in Tracy, California. The community, which offers a mix of residential housing types, was carefully designed based on green building concepts to be a pedestrian -friendly and connected mixed -use urban environment. The Ellis Specific Plan (ESP) details a comprehensive land use plan for every aspect of the development, which includes a multi -use Village Center that features shopping & dining options, an extensive neighborhood parks network, a series of residential neighborhoods, and a family - oriented Aquatic Park. A unifying visual theme through Ellis ensures that residents feel at home in all of the community's parks. The Village Center serves as a focal point of a broad range of community activities, accommodating a mix of retail, office, and residential uses. The Aquatic Park aims to be a family -friendly destination for the City, serving as a Community Park. The parks network was crafted to provide a variety of active & passive recreation opportunities to meet a range of needs within the community, as well as organize and unite each of the residential neighborhoods. Each of the five parks has its own individual character and distinct features, which create a strong sense of place. The residential neighborhoods are linked by a comprehensive system of local streets, and pedestrian & bicycle paths. Additional features include an open space, a native preserve, and a storage facility/ workspace. Gates + Associates was integral to crafting the overall master plan for this project, and was involved from conceptual design through construction. EL CAMINO REAL/CHESTNUT AVE AREA SPECIFIC PLAN Kimley>))Horn South San Francisco, CA City of South San Francisco Contract Agency Project Manager: Mike Lappen Typology The Plan encompasses South San Francisco's busiest crossroads where Chestnut Avenue, El Camino Real and BART come together. The South San Francisco BART Specific Plan Mixed -Use TOD Station is located to the north of the plan area. Providing a pedestrian and bicycle Commercial Civic connection to the BART Station, the recently completed Centennial Way trail spans the Facts plan area and connects housing and job opportunities to BART. Site Area: +_ 100 ac Residential: 1,587 units Office: 377,800 sf Commercial: 426,300 sf Civic Uses: 110,500 sf Awards APA California Northern Section Award of Honor for Neighborhood Planning (2012) Contract Facts Contract Amount: $69,000 Date of Contract: 2010 Date of Completion: 2011 Contact Consultant Project Manager: Felicia Dean Contact Info: felicia.dean@kimley-horn.com The El Camino Real/Chestnut Avenue Area Plan's vision builds on the regional Grand Boulevard Initiative (GBI) that advocates the transformation of the El Camino Real into a boulevard with nodes of high -intensity mixed -use development accessible to Bus Rapid Transit or Light Rail Transit, walkable street frontages, and frequent opportunities to cross the El Camino Real. Kimley-Horn led the transportation and circulation elements of the plan and its associated Environmental Impact Report (EIR), building on the principles established in the GBI as well as the context -sensitive design guidelines Kimley-Horn helped prepare for the Grand Boulevard corridor. 19 NEWPARK PLACE SPECIFIC PLAN Newark, CA City of Newark Contract Agency Project Manager: Terrence Grindall Typology Specific Plan I Mixed -Use I Retail Office I Residential Facts Site Area: ± 125 ac Retail: 200,000 sf Office: 500,000 sf Residential: 1,519 units Hotel: 700 rooms Awards Contract Facts Contract Amount: $9,125 Date of Contract: 2017 Date of Completion: 2018 Contact Consultant Project Manager: Mike Mowery Contact Info: mike.mowery@kimley-horn.com Of ZM= The NewParkSpecific Plan charts a course for a new mixed -use urban center around a revitalized regional mall. The plan will prompt the transformation of vast parking lots into mixed -use parcels, streets, and plazas that will support and enhance the core retail asset, delivering public amenities and activities currently not available in Newark. Key elements of the plan is re -imagining the mall anchors into retail and entertainment destinations that drive circulation inside and outside the mall. Each mixed -use parcel has been designed with flexibility to respond to changing market forces, supporting a variety of office and housing configurations. The plan strategically focuses on development opportunity to create a critical mass that can catalyze the larger commercial district. Kimley-Horn worked with the City of Newark to analyze future redevelopment of the NewPark Mall Area in Newark, CA. Our scope of work included trip generation sensitivity and site circulation analysis. EL CAMINO REAL PRECISE PLAN Mountain View, CA City of Mountain View Contract Agency Project Manager: Eric Anderson Typology Transit -Oriented Facts Site Area: ± 287 ac Corridor length: 3.9 miles Awards APA Northern California Comprehensive Plan, Small Jurisdiction: Award of Excellence Contract Facts Contract Amount: $93,530 Date of Contract: 2013 Date of Completion: 2015 Contact Consultant Project Manager: Mike Mowery Contact Info: mike.mowery@kimley-horn.com El Camino Real Precise Plan is transit -oriented and contains a significant bus transit corridor planned for Bus Rapid Transit. El Camino Real is a regionally important corridor. It links most of the cities on the Peninsula and it is a major bus route for Santa Clara and San Mateo Counties. Kimley-Horn teamed with a planning firm on the preparation of the transportation and infrastructure elements. The Precise Plan entacts the General Plan's vision for transformation of the 4-mile corridor into a series of walkable, transit -oriented gathering places serving surrounding neighborhoods. The Plan focuses development intensity and pedestrian improvements around transit stops and existing activity centers, while creating a tiered density bonus system that requires public realm and transportation investments in exchange for increased development intensity. The Plan emphasizes pedestrian -oriented form and design, and includes targeted standards to incentivize redevelopment and improvement of small parcels. It also includes development standards and design guidelines to ensure well designed, pedestrian -oriented buildings and streetscape. Kimley-Horn explored ways to attract households and employers with socio-economic characteristics compatible with dense urban, transit -oriented places, as well as investigates technologies that increase the on -site storage, treatment, off-peak disposal, and utilization of run-off, gray water and sewage within new development projects. 21 SAN ANTONIO PRECISE PLAN AND EIR Mountain View, CA City of Mountain View Contract Agency Project Manager: Rebecca Shapiro i Tk, 11 Z= 1W Typology The San Antonio Precise Plan area surrounds the San Antonio Center and includes Transit -Oriented I Mixed -Use I 123 acres. The San Antonio Precise Plan area includes segments of San Antonio Road, Residential I Office I Commercial California Street, and Showers Drive and frontage on a segment of El Camino Real. The San Antonio Precise Plan provides planning priorities, development regulations, and an Facts implementation strategy for the 123 acres of the San Antonio change area identified in the City of Mountain View 2030 General Plan. Site Area: ± 123 ac Kimley-Horn explored ways to attract households and employers with socio-economic characteristics compatible with dense urban, transit -dominated places, as well as Awards investigates technologies that increase the on -site storage, treatment, off-peak disposal, and utilization of run-off, gray water and sewage within new development Contract Facts projects. Contract Amount: $63,900 Date of Contract: 2013 Date of Completion: 2015 Contact Consultant Project Manager: Mike Mowery Contact Info: mike.mowery@kimley-horn.com 22 This page has intentionally been left blank. Project Team 26 KTGY ARCHITECTURE + PLANNING Individual Participation Table Anticipated Project Participation Percentage per Individual Schedule (Unless otherwise Cindy Ma - Project Management 25% ;j -Visioning, Land Use, Urban Design C John Moreland - Specific Plan, Quality Control 15/° L. Jason Gavin - Specific Plan 25% Planning Associate 35% - Visioning, Land Use, Urban Design 4) Linda Gates 20/° - Landscape Architect O ,i's Russel Case - 35% Landscape Architect -9- Kelley Lotosky ca ° - Outreach Mike Mowery 10% - Project Engineer O 3 Elizabeth Chau /° 15 _'D - Transportation Engineer ° E Matt Lissak 15°1° - Infrastructure Engineer 27 JILL D. WILLIAMS AIA Principal I Chairman of the Board Project Role: Principal -in -Charge Architecture+Pia n n i ng As Chairman of the Board of Directors and Managing Principal at KTGY Oakland, Jill D. Williams, AIA, brings more than 30 years of experience in innovative residential and mixed -use architecture to her leadership role. As Chairman, Ms. Williams strengthens the firm by sharing her experience, knowledge, and passion for KTGY. This top leadership position includes working closely with the firm's CEO Tricia Esser, the Board of Directors and Managing Principals of the firm's offices and studios worldwide. As Managing Principal of the firm's Oakland office, Ms. Williams takes an active role in client relationships, setting design vision, mentoring KTGY's practice area principals and providing leadership that encourages continuously searching for better and the delivery of high -quality, forward - looking solutions. Ms. Williams joined KTGY in Irvine in 1991. Since 2001, she has dedicated her Education efforts to building an award -winning studio in the San Francisco Bay Area. Her dedication to sustainable and thoughtful design has been recognized Bachelor of Environmental Design by clients, communities and the development industry alike, resulting in a Miami University thriving practice in the greater San Francisco Bay Area. Oxford, OH Registration Licensed Architect: CA, NY, PA, LA, MI Selected Project Experience National Council of Architectural Registration Boards, NCARB, Certification Single -Family Detached Alameda Point Alameda, CA Honors Fielding at Wallis Ranch TCR/Trumark Dublin, CA 2017 CHF Hall of Fame Inductee Trumark Homes Alameda Landing Alameda, CA 2018 Women's Leadership Conference Momentum at Pace Tri Pointe Homes Honorary Committee Milpitas, CA Trumark Homes Estancia Rowhomes Affiliations Mountain View, CA The Homes at Deer Hill Lennar Homes BIA BayArea Lafayette, CA O'Brien Homes Boulevard North State BIA Dublin, CA American Institute of Architects, AIA Urban Infill Lennar Homes ( Brookfield Homes Urban Land Institute, ULI SP78 Innovation Warm Springs TOD San Jose, CA Fremont, CA Volunteer Experience Trumark Homes Lennar Homes HomeAid Bay Area Perch Workforce Housing Dublin, CA Habitat for Humanity Trumark Homes College Ridge Apartments Oakland Schools Velocity at Pace San Bruno, CA San Mateo County CalPoly SLO CAED Dean's Milpitas, CA Community College District Leadership Council Trumark Homes Locale at State Street Contact Fremont, CA 510.323.3780 SummerHill Homes jiIliams@ktgy.com W CI N DY MA AICP, LEED AP Director, Planning Project Role: Specific Plan Project Manager, Land -Use, Urban Design, Design Guidelines Education oil Architecture+Planning With professional degrees and experience in both planning and architecture, Cindy Ma has been engaged in mixed -use, transit oriented, multi -family, single-family, and international developments. To each project she brings a desire and passion for the collaboration of design and planning that provides environmental, economic, and cultural sustainability for communities and their residents. Ms. Ma has experience in both the public and private sectors of planning and design, having worked for and with city jurisdictions and private developers. She has knowledge and expertise in community outreach and engagement in the planning and design process and is an active member of her community. She is a Director, Planning in the Community Planning + Urban Design studio in KTGY's Oakland office. Selected Project Experience Master of City and Regional Planning California State Polytechnic University San Luis Obispo, CA Urban Design I Planning Bachelor of Architecture Wallis Ranch University of California Berkeley Dublin, CA Berkeley, CA Trumark Warm Springs Area 4 Master Plan Registration Fremont, CA Lennar LEED Accredited Professional Alameda Marina Master Plan Affiliations Alameda, CA Bay West Development American Institute of Certified Planners, AICP The Falls at Lake Las Vegas Design Guidelines American Planning Association (APA), Henderson, NV Northern California Chapter Diversity Raintree Developments Committee Co -Chair Tracy Hills Design Guidelines San Francisco Planning and Urban Research Tracy, CA Association, SPUR Integral Communities Contact Mixed Use I Transit Oriented 510.463.2038 Development cma@ktgy.com 450 Montague Milpitas, CA Lennar The Green at Park Place Dublin, CA Lennar & Wilson Meany Master Planning Broadway & Skyline at the Boulevard Dublin, CA Brookfield & CalAtlantic Greak Oaks San Jose, CA iStar & Hunter Storm Granite HS South Salt Lake, UT Garbett Homes Grafton Street Dublin, CA Charter Propertiess Mission Falls Fremont, CA East Warren Park, LLC ��1 JOHN MORELAND AICP Director, Planning Architecture+Pl a n n i n g Project Role: Specific Plan Policy Lead, Land -use, Community Outreach Education Masters of Urban and Regional Planning California State Polytechnic University, Pomona Pomona, CA Bachelor of Science, Business Administration Pepperdine University Malibu, CA Affiliations California Heights Neighborhood Association Long Beach, CA - Board Member American Planning Association, APA Community Service California Heights Neighborhood Association Long Beach, CA - Contributer,Writer for Bi-Monthly Newsletter California Heights Historic District Design Guidelines Long Beach, CA -Community Volunteer Contact 949.221.6216 jmoreland@ktgy.com 30 John Moreland oversees the entitlement processing and advance planning division of the CPUD studio at KTGY. He brings nearly 15 years of experience in managing, processing and coordinating entitlement and planning projects in over 80 jurisdictions throughout the western United States for both public and private sector clients. Using his extensive knowledge of development plans, entitlements, specific plans, environmental documents and zoning code research he provides valuable insight to each of his projects. As a well-rounded professional, Mr. Moreland's versatile expertise allows him to manage complex development projects including, those that involve Specific Plans, general plan amendments, as well as zoning code amendments and design guidelines. He is also experienced in writinag, preparing and processing policy documents and environmental documentation, as well as managing consultants that prepare this documentation. Selected Project Experience Public I Private Partnerships Visioning I Public Outreach 100-Acre Specific Plan Amendment No. 7 Irvine, CA Orange, CA County of Orange/Lowe Enterprises Chapman University West Alton Terraces at Walnut Specific Plan Irvine, CA Walnut, CA County of Orange/Lowe Enterprises Sunjoint Development, LLC Heritage Square Specific Plans I Development Plans Signal Hill, CA Signal Hill Petroleum Queen of the Valley Specific Plan West Covina, CA Entitlement I Government Relations City of West Covina Rinker Health Science Campus Irvine, CA Chapman University Heritage Square Signal Hill, CA Signal Hill Petroleum Center for Science & Technology Orange, CA Chapman University Pepper Avenue Specific Plan Rialto, CA City of Rialto 100-Acre and West Alton Development Plans Irvine, CA County of Orange The Commons Specific Plan Claremont, CA Clare Properties, LLC Residences at Five Creek Development Plan Rohnert Park, CA MJW Investments, LLC Walnut Esplanade Specific Plan Walnut, CA Olson Company JASON GAVIN LEEDAP Project Manager, Planning Project Role: Specific Plan Policy, Land -use, Design Guidelines I I 0;.Vd I Architecture+Planning As Project Manager, Planning in KTGY's community planning and urban design studio, Jason Gavin has over a decade of experience producing ideas and solutions for clients and sites around the world. His responsibilities entail overseeing the successful collaboration of teams involved in preparation of specific plans, processing entitlement documents, researching various planning topics, and development issues. His strengths reside in GIS analysis, graphic design and municipal code interpretation. In addition, Mr. Gavin is actively involved in sustainable development as a LEED AP and member of the US Green Building Council — Orange County Chapter. Selected Project Experience Education Site Plan Bachelors of Planning & Serrano Summit Environmental Design Lake Forest, CA California Polytechnic State University, Lewis Operating Corp. San Luis Obispo Aldea at Porter Ranch Minor in REAL Property Development Los Angeles, CA California State Polytechnic University, Shapell Homes San Luis Obispo Plaza de Murrieta Registration Murrieta, CA Pacific Century Group LEED Accredited Professional The Preserve (PA-7) Affiliations Chino, CA Western National American Planning Association Baxter Village Urban Land Institute —Young Leader Wildomar, CA U.S. Green Building Council Strata Equity Group Contact Master Planning 949.567.3459 Walkup Ranch Lincoln, CA jgavin@ktgy.com Lake Development Lytle Creek Ranch Rialto, CA Lytle Development Company New Town Al Merfa, U.A.E. Abu Dhabi Investment Co. YokohlRanch Tulare County, CA J.G Boswell Company Arantine Hills Corona, CA Bluestone Communities Entitlement Rio Santiago Orange, CA JMI Real Estate University Related Projects/ Specific Plan Orange, CA Chapman University La Floresta Brea, CA Chevron Land Development Carrari Ranch Rancho Cucamonga, CA Miller Development Company Colony Commerce Center Ontairo, CA CapRock Partners Del Oro Menifee, CA Strata Equity Group 31 LINDA GATES Principal -in -Charge, Landscape Architecture Role: Urban design and design guidelines, streetscape and open space Education Postgraduate Studies, University of Osaka, Japan, 1977 B.A. Landscape Architecture, Phi Beta Kappa, U.C. Berkeley, 1975 Registration Landscape Architect #1821, California 1979 Expiration: August 2018 LEED Accredited Professional Affiliations Rescape California Board of Directors Experience 42 years Contact 925.736.8176 x221 linda@dgates.com 32 Linda has extensive experience with a wide range of public and private landscape design and planning projects. She has managed numerous public design, renovation, and master planning projects throughout the Bay Area. Her designs emphasize creating a special landscape identity that expresses the unique character of a space and it's users, and incorporating resilient practical sustainable systems in her projects. Linda is a LEED Green Associate and a member of the Board of Directors of Rescape California. Linda's strengths in design review, community and recreation planning, park design, storm water management, maintenance solutions, and agency coordination, produce well -conceived and successful public projects. Linda's expertise in community facilitation and outreach programs has resulted in outstanding feasible solutions while building consensus among diverse stakeholders. Selected Project Experience Urban Design I Planning St. Helena Downtown Streetscape Plan Downtown Streetscape St. Helena, CA Improvements City of St. Helena Burlingame, CA City of Burlingame Ellis Specific Plan Tracy, CA Surland Companies Los Altos Downtown Urban Design Plan Los Altos, CA City of Los Altos North Point Specific Plan Ripon, CA City of Ripon Vallejo Waterfront/Transit Corridor Design Guidelines Vallejo, CA City of Vallejo West Tracy Specific Plan Tracy, CA Crossroads Business Center Streetscapes California Avenue Transit Hub Palo Alto, CA City of Palo Alto Charleston Arastradero Complete Streets Corridor Palo Alto, CA City of Palo Alto Park & Open Space Master Planning City of Daly City Parks & Open Space Master Plan Daly City, CA City of Daly City Central Park Master Plan Santa Clara, CA City of Santa Clara, CA Milpitas Parks and Recreation Master Plan Update Milpitas, CA City of Milpitas Park and Recreation Facilities Master Plan Menlo Park, CA City of Menlo Park, CA Quarry Park Master Plan El Granada, CA San Mateo County South San Francisco Parks and Recreation Master Plan South San Francisco, CA City of South San Francisco Twin Pines Park Master Plan Belmont, CA City of Belmont, CA Windsor Park and Recreation MP Healdsburg Roundabout Windsor, CA Healdsburg, CA Town of Windsor, r A GHD RUSSEL CASE ATE Project Manager, Landscape Architecture GsL +ASSOCIATES Role: Russel will manage the day-to-day progress of the project, serve as the lead designer, and oversee production. Education B.S. Landscape Architecture, University of California, Davis 2003 Master of Science in Architecture, California State Polytechnic University, San Luis Obispo, 2007 Registration Landscape Architect #6301, California 2019 Expiration: April 2021 LEED Accredited Professional Affiliations Advisory Committee, Concord Naval Weapons Station, Ruse Project Community Experience 18 Years Contact 925.736.8176 x211 rusty@dgates.com Russel has more than 15 years of experience in Landscape Architecture and Planning and is involved with a diverse array of projects ranging from urban development and community design, to parks and streetscape design. Russel understands the value in well designed spaces and landscape corridors, and is committed to providing the highest level of design creativity, and the appropriate use of sustainable design, giving these projects the ability to strengthen and unify communities. Russel provides overall coordination and management of project documentation, specification writing, design development, construction development, bid package preparations, submittal review and construction administration. Whether is be a public or private space, combining and understanding of the goals of sustainability with a commitment to place -making and innovation is Russel's main priority. Selected Project Experience Urban Design I Planning Charleston Arastradero Complete Streets Corridor Palo Alto, CA City of Palo Alto Lagoon Valley Design Guidelines Vacaville, CA Standard Pacific Homes R Street Market Plaza Sacramento, CA SACOG, Defining the Urban -Rural Edge Yuba City, CA State Capitol Security Improvements Sacramento, CA The Railyards Development Sacramento, CA Thomas Enterprises The Cannery Davis, CA Urban Core, LLC &The Integral Group Union Ranch Specific Plan Manteca, CA Mixed Use I Transit Oriented Development Grafton Plaza Dublin, CA Martin Inderbitzen Perch Dublin, CA Trumark Homes Sycamore Crossings Hercules, CA Sycamore Crossing Land Developers Warm Springs TOD, Metro Crossing Fremont, CA Toll Brothers Master Planning Sacramento Food Bank Campus Master Plan Sacramento, CA Vallejo Waterfront Master Plan Vallejo, CA Callahan Property Management Wallis Ranch Master Planned Community Dublin, CA Warm Springs Innovation Village Master Plan Fremont, CA 33 KELLEY LOTOSKY Community Outreach Coordinator Role: Kelley will be working closely with the Community and the City to understand their goals, audience and needs in order to develop targeted effective messaging. Education B.A. Visual Communications, Emphasis in Illustration University of Arizona, 2004 Affiliations Women's Presidential Organization Greater Bay Area Chapter 2014 - Present Professional Women in Building Council, Communications Chairperson 2008 - 2012 Experience 15 Years Contact 925.736.8176 x226 kelley@dgates.com 34 GATES Mi +ASSOCIATES Kelley is a communications specialist, providing the link between complex design jobs and their local communities. She has 15 years of professional experience working closely with her clients to understand their goals, audience, culture and needs to develop targeted effective messaging. Kelley is an expert in facilitation skills and process management to engage, build and maintain community support in a complex project time table. Her expertise in marketing, communications and graphic design will enhance community meetings and social media platforms for the project. She brings enthusiasm and creativity to every task while working collaboratively with others to achieve the desired goals. She is an integral part of the branding and engagement of each job from start to finish. In addition to graphic communications, she focuses on working with community members during the outreach process to help their visions come alive. Selected Project Experience Community Engagement & Outreach Projects California Avenue Transit Hub Palo Alto, CA City of Palo Alto Central Park Master Plan Santa Clara, CA City of Santa Clara Charleston Arastradero Complete Streets Corridor Palo Alto, CA City of Palo Alto Daly City Park and Open Space Master Plan Daly City City of Daly City Healdsburg Roundabout Healdsburg, CA GHD Lafayette Downtown Creeks Plan Lafayette, CA City of Lafayette, CA Livable Neighborhood Streets Redwood City, CA TJKM Milpitas Parks and Recreation Master Plan Update Milpitas, CA City of Milpitas Quarry Park Master Plan El Granada, CA San Mateo County MLK and Peralta Streetscape Master Plan, Oakland, CA City of Oakland Ripon Specific Plan Ripon, CA City of Ripon San Pablo Avenue El Cerrito, CA City of El Cerrito Saratoga Pedestrian Enhancements Saratoga, CA City of Saratoga South San Francisco Parks and Recreation Master Plan South San francisco, CA City of South San Francisco Twin Pines Park Master Plan Belmont, CA City of Belmont, CA Park and Recreation Facilities Master Windsor Park and Recreation MP Plan Windsor, CA Menlo Park, CA Town of Windsor, CA City of Menlo Park, CA MIKE MOWERY PE Vice President/Senior Associate Role: Project Manager Education Bachelor of Science, Civil Engineering, Colorado State University Registration Professional Engineer in California #C66353 Affiliations American Society of Civil Engineers (ASCE), Member Institute of Transportation Engineers (ITE), Member International Parking Institute, Associate Member Michael has more than 20 years of diverse project experience that includes numerous bicycle facility planning and design projects, traffic calming design project, neighborhood traffic management programs, and pedestrian planning and safety projects. Through his work on over 300 projects at the state and regional level, combined with local community studies, Michael has emerged as a leader in creating a balanced approach that serves motorists, cyclists, and pedestrians while creating a safe and comfortable environment. He has specialized experience in transportation impact evaluations for CEQA required environmental impact reports and initial studies as well as in multi - modal planning and operations projects. Selected Project Experience El Camino Real/Chestnut Avenue Area Specific Plan South San Francsico, CA City of South San Francisco New Park Place Specific Plan Newark, CA City of Newark El Camino Real Precise Plan Mountain View, CA City of Mountain View San Antonio Precise Plan and EIR Mountain View, Ca City of Mountain View Experience Downtown Napa Specific Plan and EIR 20 years Napa, CA Contact City of Napa Tracy Hills Specific Plan 925.398.4840 Tracy, CA mike.mowery@kimley-horn.com City of Tracy Elk Grove Master Plan Elk Grove, CA City of Elk Grove Menlo Gateway Phase I and Phase II Menlo Park, CA Bohannon Development Hotel Nia Menlo Park, CA Ensemble Real Estate Hillsdale Shopping Center North Block Menlo Park, CA Bohannon Development Manila Ave Campus Bike and Pedestrian Path Improvements Sunnyvale and Mountain View, CA Google The Phillips Brooks School Transportation Demand Management Program Menlo Park, CA The Phillips Brooks School Menlo Park Labs Master Plan Menlo Park, CA Tarlton Properties CSBio Expansion Project Menlo Park, CA CSBio Company Gilead Master Plan Foster City, CA DES Architects + Engineers Bay Meadows San Mateo, CA Wilson Meany Nueva High School Hillsborough, CA The Nueva School Stanford Shopping Center Palo Alto, CA Simon Properties 35 ELIZABETH CHAU PE Project Engineer Role: Transportation Task Manager Education Bachelor of Science, Civil and Environmental Engineering, Brigham Young University Master of Science, Civil Engineering, Brigham Young University Registration Professional Engineer in California #CA 86622 Affiliations American Society of Civil Engineers (ASCE), Member Institute of Transportation Engineers (ITE), Member Experience 7 years Contact 925.398.4840 elizabeth.chau@kimley-horn.com 36 MMM Elizabeth is a transportation engineer with more than seven years of experience in completing traffic impact analyses. She has helped to identify levels of service for intersections as well as possible mitigations for traffic impacts for CEQA Environmental Impact Reports (EIR). In addition, Elizabeth has worked on several active transportation -related projects such as safe routes to school walk and bike audits, ATP grant applications, and pedestrian and bicycle plans. For active transportation projects, Elizabeth has helped to identify barriers or challenges using active transportation models and assisted with determining possible recommendation or solutions. Selected Project Experience El Camino Real/Chestnut Avenue Area Specific Plan South San Francsico, CA City of South San Francisco New Park Place Specific Plan Newark, CA EMC Planning Group El Camino Real Precise Plan Mountain View, CA City of Mountain View San Antonio Precise Plan and EIR Mountain View, Ca City of Mountain View Tracy Hills Specific Plan Tracy, CA City of Tracy Vallco Specific Plan Cupertino, CA San Hill Property Co Menlo Gateway Phase I and Phase II Menlo Park, CA Bohannon Development Hotel Nia Menlo Park, CA Ensemble Real Estate Hillsdale Shopping Center North Block Menlo Park, CA Bohannon Development Manila Ave Campus Bike and Pedestrian Path Improvements Sunnyvale and Mountain View, CA Google The Phillips Brooks School Transportation Demand Management Program Menlo Park, CA The Phillips Brooks School Menlo Park Labs Master Plan Menlo Park, CA Tarlton Properties Gilead Master Plan Foster City, CA DES Architects + Engineers Stanford Shopping Center Palo Alto, CA Simon Properties Mary Avenue EIR Sunnyvale, CA City of Sunnyvale MATT LISSAK PE Project Engineer Role: Infrastructure Task Manager Education Bachelor of Science, Civil Engineering, University of Texas, Austin Registration Professional Engineer in Texas #128140 Affiliations Urban Land Institute (ULI), Member Experience 6 years Contact 925.398.4840 matt.lissak@kimley-horn.com ZM= Matt is a Project Engineer at Kimley-Horn who provides a wide -range of experience in civil design and land development for corporate office, mixed - use, hospitality, and multifamily projects. Matt's project experience includes site planning, zoning, site grading, stormwater design, and public and private utility design. He has a reputation amongst his clients and peers for providing exceptional quality in his work product, superior communication, and team coordination, all of which keep projects on schedule and within budget constraints in order to achieve the project's objectives. His thorough understanding of land development makes him an invaluable asset to clients and team members. Selected Project Experience Menlo Gateway Phase II Castellina Specific Plan - Menlo Park, CA Infrastructure Master Plan Bohannon Development Madera County, CA Gonzales Infrastructure Analysis/ Pembrook Development Master Plan Tara Hills Gonzales, CA San Pablo, CA City of Gonzales City Ventures Manila Ave Campus Bike and Hilltop Mall Pedestrian Path Improvements Richmond, CA Sunnyvale and Mountain View, CA LBG Real Estate Google Sonoma Blvd Multi -Family Shoreline Amphitheater Vallejo, CA Mountain View, CA CA Ventures Live Nation Entertainment Camp Bow Wow Stanford Shopping Center San Ramon, CA Palo Alto, CA ADK9 Simon Properties Stoneridge Shopping Mall Hunters View Pleasanton, CA San Francisco, CA Simon Properties City Ventures Winfield Self -Storage San Jose, CA Leon Capital Group Cambrian Park Plaza San Jose, CA Weingarten Realty Los Gatos Meadows Retirement Community Los Gatos, CA Episcopal Senior Communities 37 STAFF REPORT Honorable Mayor and City Council March 16, 2020 AGENDA NO: 8c MEETING DATE: March 16, 2020 Syed Murtuza, Director of Public Works — (650) 558-7230 Subject: Adoption of a Resolution Approving a Professional Services Agreement with CSG Consultants, Inc. for Construction Management and Inspection Services for Private Development Projects in the Amount of $750,000 RECOMMENDATION Staff recommends that the City Council adopt the attached resolution approving a professional services agreement with CSG Consultants, Inc. (CSG) in a not to exceed amount of $750,000 for construction management and inspection services for City infrastructure modifications and impacts associated with private development projects, and authorize the City Manager to execute the agreement. BACKGROUND Private development projects are becoming increasingly more complex and larger in scale, with multi -year construction schedules. Staff is not able to keep up with the impacts of private development construction activities on City right-of-way and infrastructure, which are outside the usual course of business for the City, and is seeking professional services to conduct daily professional engineering inspections, review and monitor traffic control implementations, address public complaints, and respond to contractor/designer requests for information. The unique demands placed by the large scale private development projects is best facilitated with consultant services. There are seven large-scale private development projects that will commence construction this calendar year and are listed below. Each private development project will have a dedicated pass - through inspection services account. The amount is based off of the estimated construction schedule and average number of inspections per week. • 920 Bayswater Avenue (128-unit apartment complex) 250 California Drive (4-story mixed use office building) 619-625 California Drive (26-unit live/work complex) 1 Adrian Court (265-unit mixed use complex) 1128-1132 Douglas Avenue (27-unit apartment building) • 1095 Rollins Road (150-unit apartment complex) 0 Village at Burlingame (City Lot F — 132-unit apartment Affordable Housing Project) Professional Services Agreement with March 16, 2020 CSG Consultants for Private Development Projects DISCUSSION CSG was selected through a 2018 request for proposals (RFP) process for construction management and inspection services to assist staff with the development of the Summerhill apartment project at 1028 Carolan Avenue and Burlingame Point at 300 Airport Boulevard. CSG has been instrumental during the construction of these projects and has allocated experienced and knowledgeable personnel. The work is performed directly by or under the direction of a licensed professional engineer. CSG is engaged in performing similar work for other municipal agencies throughout the Bay Area. Based on their positive work experience and familiarity with City requirements, staff wishes to continue to use CSG for construction management and inspection services for private development projects. Staff has negotiated the following scope of professional services with CSG; the City will be billed based on CSG's actual hours expended on projects per the fee schedule as provided in the attached agreement. • Attend pre -construction meetings between the City and contractor/developers. • Review and advise the City on contractor's overall and weekly construction schedule. • Perform as -needed construction inspection and material testing services for all off -site improvements in the public right-of-way for the projects. • Represent the City as a point of contact to address community concerns. • Verify all project conditions of approval and regulatory permits have been satisfied, and coordinate with corresponding agencies for regulatory issues. • Attend weekly construction progress meetings, perform necessary field engineering work, and perform independent quality assurance assessments. • Review and respond to requests for information and requests for changes by the developers. • Obtain all warranty documents and project close-out documents for the public improvements. FISCAL IMPACT Funding for these services will be reimbursed by developers through a pass -through account set up by the Finance Department for each project. The total not to exceed amount of $750,000 is an approximate estimate at this time. If more private development projects commence construction or the construction durations increase, staff will seek City Council approval to adjust the budget accordingly. Exhibits: • Resolution • Professional Services Agreement 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH CSG CONSULTANTS, INC. FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR PRIVATE DEVELOPMENT PROJECTS AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT RESOLVED, by the CITY COUNCIL of the City of Burlingame, California which FINDS, ORDERS, and DETERMINES AS FOLLOWS: The public interest and convenience require execution of the agreement cited in the title above. 2. The City Manager is authorized to sign said agreement on behalf of the City of Burlingame. 3. The City Clerk is instructed to attest such signature. Emily Beach, 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 16t" day of March, 2020, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Meaghan Hassel -Shearer, City Clerk AGREEMENT FOR PROFESSIONAL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES WITH CSG CONSULTANTS, INC. FOR PRIVATE DEVELOPMENT PROJECTS THIS AGREEMENT is entered into this day of 2020, by and between the City of Burlingame, State of California, herein called the "City", and CSG Consultants, Inc. engaged in providing Professional Construction Management and Inspection services herein called the "Consultant". RECITALS A. The City is considering conducting activities for construction management and inspection services for the private development projects. B. The City desires to engage a professional consultant to provide construction management and inspection services because of Consultant's experience and qualifications to perform the desired work, described in Exhibit A. C. The Consultant represents and affirms that it is qualified and willing to perform the desired work pursuant to this Agreement. AGREEMENTS NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Scope of Services. The Consultant shall provide professional construction management and inspection services under the direction and supervision of a licensed professional engineer for seven (7) upcoming large scale private development projects. 2. Time of Performance. The services of the Consultant are to commence upon the execution of this Agreement with completion of all work by December 31, 2023. 3. Compliance with Laws. The Consultant shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws. Consultant represents and warrants to City that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice its profession. Consultant represents and warrants to City Page 1 of 8 that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to practice its profession. Consultant shall maintain a City of Burlingame business license. 4. Sole Responsibility. Consultant shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement. 5. Information/Report Handling. All documents furnished to Consultant by the City and all reports and supportive data prepared by the Consultant under this Agreement are the City's property and shall be delivered to the City upon the completion of Consultant's services or at the City's written request. All reports, information, data, and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential until released by the City to the public, and the Consultant shall not make any of these documents or information available to any individual or organization not employed by the Consultant or the City without the written consent of the City before such release. The City acknowledges that the reports to be prepared by the Consultant pursuant to this Agreement are for the purpose of evaluating a defined project, and City's use of the information contained in the reports prepared by the Consultant in connection with other projects shall be solely at City's risk, unless Consultant expressly consents to such use in writing. City further agrees that it will not appropriate any methodology or technique of Consultant which is and has been confirmed in writing by Consultant to be a trade secret of Consultant. 6. Compensation. Compensation for Consultant's professional services shall not exceed 600 000; and payment shall be based upon City approval of actual inspection and reimbursement of third party material testing services. Compensation for consultant services will be reimbursed by the private developers. Billing shall include current period and cumulative expenditures to date and shall be accompanied by a detailed explanation of the work performed by whom at what rate and on what date. Also, plans, specifications, documents or other pertinent materials shall be submitted for City review, even if only in partial or draft form. 7. Availability of Records. Consultant shall maintain the records supporting this billing for not less than three (3) years following completion of the work under this Agreement. Consultant shall make these records available to authorized Page 2 of 8 personnel of the City at the Consultant's offices during business hours upon written request of the City. 8. Proiect Manager. The Project Manager for the Consultant for the work under this Agreement shall be Nourdin Khayata, Vice President. 9. Assignability and Subcontracting. The services to be performed under this Agreement are unique and personal to the Consultant. No portion of these services shall be assigned or subcontracted without the written consent of the City. 10. Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to: To City: Martin Quan, Senior Civil Engineer City of Burlingame 501 Primrose Road Burlingame, CA 94010 To Consultant: Nourdin Khayata, Vice President CSG Consultants, Inc. 550 Pilgrim Drive Foster City, CA 94404 or personally delivered to Consultant to such address or such other address as Consultant designates in writing to City. 11. Independent Contractor. It is understood that the Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and not an agent or employee of the City. As an independent contractor he/she shall not obtain any rights to retirement benefits or other benefits which accrue to City employee(s). With prior written consent, the Consultant may perform some obligations under this Agreement by subcontracting, but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement. Consultant agrees to testify in any litigation brought regarding the subject of the work to be performed under this Agreement. Consultant shall be compensated for its costs and expenses in preparing for, traveling to, and testifying in such matters at its then current hourly rates of compensation, unless such litigation is Page 3 of 8 brought by Consultant or is based on allegations of Consultant's negligent performance or wrongdoing. 12. Conflict of Interest. Consultant understands that its professional responsibilities is solely to the City. The Consultant has and shall not obtain any holding or interest within the City of Burlingame. Consultant has no business holdings or agreements with any individual member of the Staff or management of the City or its representatives nor shall it enter into any such holdings or agreements. In addition, Consultant warrants that it does not presently and shall not acquire any direct or indirect interest adverse to those of the City in the subject of this Agreement, and it shall immediately disassociate itself from such an interest should it discover it has done so and shall, at the City's sole discretion, divest itself of such interest. Consultant shall not knowingly and shall take reasonable steps to ensure that it does not employ a person having such an interest in this performance of this Agreement. If after employment of a person, Consultant discovers it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement, Consultant shall promptly notify City of this employment relationship, and shall, at the City's sole discretion, sever any such employment relationship. 13. Equal Employment Opportunity. Consultant warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Neither Consultant nor its subcontractors do and neither shall discriminate against persons employed or seeking employment with them on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment & Housing Act. 14. Insurance. A. Minimum Scope of Insurance: i. Consultant agrees to have and maintain, for the duration of the contract, General Liability insurance policies insuring him/her and his/her firm to an amount not less than: One million dollars ($1,000,000) combined single limit per occurrence and two million dollars ($2,000,000) aggregate for bodily injury, personal injury and property damage in a form at least as broad as ISO Occurrence Form CG 0001. Page 4 of 8 ii. Consultant agrees to have and maintain for the duration of the contract, an Automobile Liability insurance policy ensuring him/her and his/her staff to an amount not less than one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage. iii. Consultant agrees to have and maintain, for the duration of the contract, professional liability insurance in amounts not less than two million dollars ($2,000,000) each claim/aggregate sufficient to insure Consultant for professional errors or omissions in the performance of the particular scope of work under this agreement. iv. Any deductibles or self -insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. B. General and Automobile Liability Policies: i. The City, its officers, officials, employees and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of Consultant, premises owned or used by the Consultant. The endorsement providing this additional insured coverage shall be equal to or broader than ISO Form CG 20 10 11 85 and must cover joint negligence, completed operations, and the acts of subcontractors. This requirement does not apply to the professional liability insurance required for professional errors and omissions. ii. The Consultant's insurance coverage shall be endorsed to be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self -insurances maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. Page 5 of 8 iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. iv. The Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability. C. In addition to these policies, Consultant shall have and maintain Workers' Compensation insurance as required by California law. Further, Consultant shall ensure that all subcontractors employed by Consultant provide the required Workers' Compensation insurance for their respective employees. D. All Coverages: Each insurance policy required in this item shall be endorsed to state that coverage shall not be canceled except after thirty (30) days' prior written notice by mail, has been given to the City (10 days for non-payment of premium). Current certification of such insurance shall be kept on file at all times during the term of this agreement with the City Clerk. E. Acceptability of Insurers: Insurance is to be placed with insurers with a Best's rating of no less than A-:VII and authorized to do business in the State of California. F. Verification of Coverage: Upon execution of this Agreement, Contractor shall furnish the City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms approved by the City. All certificates and endorsements are to be received and approved by the City before any work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 15. Indemnification. To the fullest extent permitted by law, Consultant shall save, keep and hold harmless indemnify and defend the City, its officers, employees, authorized agents and volunteers from all damages, liabilities, penalties, costs, or expenses in law or equity, including but not limited to attorneys' fees, that may at Page 6 of 8 any time arise, result from, relate to, or be set up because of damages to property or personal injury received by reason of, or in the course of performing work which arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, or any of the Consultant's officers, employees, or agents or any subconsultant. This provision shall not apply if the damage or injury is caused by the sole negligence, active negligence, or willful misconduct of the City, its officers, agents, employees, or volunteers. 16. Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder, nor does waiver of a breach or default under this Agreement constitute a continuing waiver of a subsequent breach of the same or any other provision of this Agreement. 17. Governing Law. This Agreement, regardless of where executed, shall be governed by and construed under the laws of the State of California. Venue for any action regarding this Agreement shall be in the Superior Court of the County of San Mateo. 18. Termination of Agreement. The City and the Consultant shall have the right to terminate this agreement with or without cause by giving not less than fifteen (15) days written notice of termination. In the event of termination, the Consultant shall deliver to the City all plans, files, documents, reports, performed to date by the Consultant. In the event of such termination, City shall pay Consultant an amount that bears the same ratio to the maximum contract price as the work delivered to the City bears to completed services contemplated under this Agreement, unless such termination is made for cause, in which event, compensation, if any, shall be adjusted in light of the particular facts and circumstances involved in such termination. 19. Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the City and the Consultant. 20. Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, as well as costs not to exceed $7,500 in total. Page 7 of 8 21. Entire Agreement. This Agreement constitutes the complete and exclusive statement of the Agreement between the City and Consultant. No terms, conditions, understandings or agreements purporting to modify or vary this Agreement, unless hereafter made in writing and signed by the party to be bound, shall be binding on either party. IN WITNESS WHEREOF, the City and Consultant have executed this Agreement as of the date indicated on page one (1). City of Burlingame V Lisa K. Goldman City Manager Approved as to form: City Attorney — Kathleen Kane ATTEST: City Clerk - Meaghan Hassel -Shearer "Consultant" CSG Consultants, Inc. Print Name: Nourdin Khayata Title: Vice President �• : EXHIBIT A CSG PROPOSAL TO CITY OF BURLINGAME CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES Cover Letter SME& February 5, 2020 Martin Quan, PE Senior Civil Engineer City of Burlingame 501 Primrose Road Burlingame, CA 94010 RE: Professional Construction Management and Inspection for Development Projects Dear Mr. Quan, CSG Consultants, Inc. (CSG) is pleased to present this proposal to the City of Burlingame (City) for construction management and inspection services. We understand the City is seeking inspection services for multiple upcoming private developments. CSG is a construction management and civil engineering consulting firm with our corporate office located less than 15 minutes from the project sites. We offer an experienced group of construction management/ inspection resources with expertise in a range of public works projects, including storm drain improvements and new development construction. CSG has provided construction management and inspection services on several development projects in the City of Burlingame including the Summerhill Homes development, Facebook Campus and parking structure. CSG proposes Dave Bishop, PE, as the Resident Engineer/Construction Manager for these projects. He brings over 25 years of construction management and municipal engineering experience to the City. Mr. Bishop has managed a wide range of projects from inception to construction. He has recently served as the Resident Engineer for the Neighborhood Storm Drain #9 project for the City. Mojtaba Nahrvar, EIT, will serve as the primary engineer/manager for the large-scale private development projects. He brings over 8 years of engineering and inspection services. Mr. Nahrvar has recently performed similar services for the City's Summerhill development, Facebook campus, and the downtown parking structure. He attended meetings with the developers/contractors and stakeholders, coordinated activities and inspection schedule to meet the need and provided progress reports to the City project manager. Assisting in the inspection on as needed basis will be Amer Mousalli and Arash Kimia. We anticipate need for additional inspection during extended shifts, where critical operations going on at different developments where coverage is essential. is the proposed team currently performing these services on developments for the City. I will serve as the primary contact and principal in charge for this contract. My contact information is: Nourdin Khayata, PE I Vice President, Construction Management phone (650) 522-2524 1 nourdin@csgengr.com We are excited about the opportunity to serve the City of Burlingame and would welcome the opportunity to talk with you further. If you have any questions or need additional information, please contact me at the information provided above. Sincerely Nourclin Vice President, CSG Consultants, Inc. FOSTER CITY I PLEASANTON I SAN JOSE I SACRAMENTO_ I NEWMAN I REDLANDS I ORANGE EXHIBIT A CSG PROPOSAL TO CITY OF BURLINGAME CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES Relevant Projects CSG has provided construction management and inspection services to public agencies for over 29 years. Provided below are descriptions of relevant development projects for the City's review. BURLINGAME POINT IMPROVEMENT PLAN REVIEW I CITY OF BURLINGAME, CA CSG performed inspection of all infrastructure improvements for the Burlingame Point Airport Boulevard project. This 18-acre development included the realignment of an existing street, a new bridge over Sanchez Creek, new utility infrastructure, including several new storm drain outfalls, and two stormwater treatment facilities. The project also included public access improvements along the San Francisco Bay frontage. NEIGHBORHOOD STORM DRAIN #9 IMPROVEMENT I CITY OF BURLINGAME, CA CSG was selected by the City to perform construction management and inspection for this storm drain improvement project. The scope of work included construction of new storm drain inlets, storm drain mains, curbs and gutters, sidewalk, valley gutters, curb ramps, driveway approaches, and replacement of existing storm drain facilities in the public right-of-way and storm drain easements. CITY OF FOSTER CITY, CA • Cut and cap, abandonment and demolishment of the existing utilities; • Trenching and installation of approximately 3,600 linear feet (LF) of gravity sewer mains and laterals; • Installation of 11,500 LF of gravity and force main storm drain lines; • Installation of 4000 LF of combined domestic, fire and irrigation lines; • Installation of 1800 LF Chill water piping system; • Construction of Landscaping and hardscaping; • Bio-retention and bioswales construction (29 bio-retention areas); Roadway Construction; • Documentation and coordination between City of Foster City and two general contractors; • Project close-out. EXHIBIT A CSG PROPOSAL TO CITY OF BURLINGAME CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES GILEAD SCIENCES CAMPUS I CITY OF FOSTER CITY, CA CSG has been performing development inspection for redevelopment and expansion for the Gilead Sciences Campus since 2015. The campus improvements have been broken into several phases and have involved 5 new office and lab buildings. CSG staff has performed inspection of all wet utility systems (water/sewer/storm), landscaping, hardscaping, and bioretention areas. CSG's inspector assisted the City Project Management and City departments in coordinating with contractors and field crews. TIDELANDS COMMUNITY I CITY OF FOSTER CITY, CA CSG performed construction inspection for this 4-acre housing development on the border of Foster City and San Mateo. The project involved the replacement, improvement, and realignment of a Foster City water main that passed through the existing lot. CSG inspectors also oversaw the improvement and replacement of development irrigation system, the construction of a 3-acre bioswale, and the upgrading of the water main to support the new site. LANDS OF NICHOLSON — SUBDIVISION IMPROVEMENTS TOWN OF LOS ALTOS HILLS, CA CSG provided construction inspection for utility, driveway, and pathway improvements for this project on a private lot, scheduled to be subdivided into three one -acre parcels. Work included construction of new water, sewer, and joint trench utilities; grading for a new equestrian pathway; installation of a pre -fabricated truss bridge for the new pathway over a creek; construction of a steel pile -timber lagging retaining wall along a portion of the new pathway, and implementation of post-SWPPP best management practices. DEVELOPMENT PROJECTS In addition to public works projects, CSG has provided inspection services for various developments throughout the San Francisco Bay Area. Inspections have included drainage facilities, sewer and water line improvements, and utility tie-ins. Recent development inspection projects include, but are not limited to: Crystal Springs Upland School, City of Belmont P The Waverly, City of Foster City P Foster Square, City of Foster City Moller Ranch, City of Dublin P Hecker Pass, City of Gilroy P Oak Creek, City of Gilroy P The Dunes at Monterey Bay, City of Marina P Amadoro South, City of Morgan Hill P Modrone Plaza, City of Morgan Hill Charring Cross, City of Pacifica San Pedro Terrace, City of Pacifica Stonebridge, City of Morgan Hill Wallis Ranch, City of Dublin Fallon Ridge, City of Dublin P Veterans Affair Clinic, City of Marina P East Garrison, County of Monterey P Connemara, City of Pacifica P Waterstone, City of Vallejo EXHIBIT A CSG PROPOSAL TO CITY OF BURLINGAME CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES Project Management Approach �0 APPROACH FOR CONSTRUCTION MANAGEMENT Our approach to managing the development projects promotes flexibility, efficiency and providing the right expertise to match the project's specific needs. CSG is known for efficiency whereby an inspector could cover more than one projects on most days. We will be diligent in providing efficient and experienced staffing. Some of the elements CSG will look at include: Site logistics and constraints P Environmental impacts of proposed construction methods P Clarity of contract documents Technical Constructability Compatibility of contract plans, specifications and applicable standards Subsurface soil data P Scheduling requirements Construction Phase Construction phasing if necessary P Traffic Control P Coordination with Residents and Businesses P Utility clearances for constructability and project schedule Access to properties and businesses by pedestrians during construction P Public Relations After the award of a project and prior to start of construction, CSG will lead or participate in the following steps. Pre -Construction Conference Mr. Bishop will lead the efforts of holding a pre -construction meeting. He will prepare the agenda, coordinate the meeting with all stakeholders, and prepare meeting minutes for distribution. Upon award of the project contract, all appropriate personnel will be invited to the pre -construction meeting, including the selected contractor, City project manager, utility companies and, at the City's discretion, any other involved entities. Recognizing some of these projects may be quick and short Some of the subjects to be covered will include but are not limited to: contract milestones, contract submittal requirements, lump sum items using a schedule of values, change order and potential claims procedures, the contractor's construction schedule, technical issues, safety procedures, along with labor compliance issues and certified payroll requirements. During the Construction Phase, CSG will be responsible and will enforce these requirements. P Providing detailed documentation using the P Tracking weekly statements of working days City -preferred form of documentation P Documenting contractor's detours, lane closures P Daily inspector's report and staging plans Tracking of any subcontractor's work P Documenting contractors' labor compliance P Any safety issues regarding contractor performance P Maintaining project files P Tracking status of RFI's P Date and time stamping of all documents P Tracking potential claims Provide monthly reports P Maintaining Submittal Logs documenting construction progress, etc. Maintaining Submittal Distribution Lists P Tracking progress pay estimates and overall RFI log (submittal, review, and return) project budget Tracking status of contract change orders P Correspondence logs and tracking EXHIBIT A CSG PROPOSAL TO CITY OF BURLINGAME CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES Monitor Contractor's Performance Throughout the project, Mr. Mostafavi will enforce all requirements of applicable codes, specifications, and contract drawings. There will be daily communication and coordination with the contractor to limit miscommunication and resolve issues on the field. Construction Schedule Monitoring Mr. Bishop will conduct weekly project meetings to review the project's status, update the project schedule, discuss any outstanding items, resolve disagreements and work collaboratively towards the successful completion of each phase of the project. The contractor's construction schedule will be used during these meetings as a tool to track the progress of construction.. We do understand these projects vary in size and duration and hence they might have one schedule for the entire project. Daily Inspector Report CSG uses an effective and detailed report system that tracks contractor personnel and equipment, work progress and field changes while coordinating with the contractor daily to reduce confusion. This system has proved to be a useful and important component in the reduction of future issues. Our Inspector's report will be accompanied by daily photos. Maintaining Photos and Videos Photos will be taken continuously during construction. All signage and lane closure setups will be documented and photos taken to illustrate prior striping and, in case of accidents, to provide documentation of the change associated with the ongoing work. A similar procedure undertaken at the beginning of construction will also be done at project closeout. Photos will be taken of the completed project and will be part of the final package to be submitted to the City with all project documents. Communications It is imperative that open channels of communication are established for each construction project. Mr. Bishop will be in constant communication with the his team and the developer to ensure adequate staffing is provided to cover work associated with all developments.. Mr. Bishop in turn will communicate with the City project manager on the progress of the project often on a daily basis. Any issues or conflicts identified will be brought up immediately so a solution is found with no or minimum impact. Our inspectors are experienced and trained to identify conflicts before they become issues down the road. Requests for Information (RFI's)/ Design Clarifications Mr. Bishop will work closely with Developer, designer and City project manager to resolve any RFIs or conflicts that may arise. Our staff will conduct meetings if required to define, clarify and resolve all RFI's expeditiously.. If an RFI requires the input of the designer, they will immediately provide a copy (via e-mail or fax) of the RFI to the designer and will follow-up with a phone call to discuss the nature of the request. The City's Project Manager will be kept informed of all design -related RFI's. Records of all RFI's and responses to the contractor will be properly filed and will be available at all times. Final Inspection Punch List With every project, the inspector generates a document listing work that does not conform to contract specifications. Mr. Bishop and the inspection team will work with the contractor to ensure proper completion of all projects prior to final payment. A walkthrough will all stakeholders will be conducted and a punch list will be developed for the contractor to complete. No project is fully completed until all punch list work is addressed and finalized. Record File Mr. Bishop will ensure that the contract administration, documentation, and filing system are prepared and maintained in accordance with CSG's Construction Management Filing System. Our construction managers have used this program successfully on several large construction projects to monitor, coordinate, review and respond to, for example, submittals, RFI's, potential changes, and change orders. The construction EXHIBIT A CSG PROPOSAL TO CITY OF BURLINGAME CONSTRUCT ON MANAGEMENT AND INSPECTION SERVICES management filing system allows the project manager to track all areas of coordination to ensure complete and timely accomplishment of critical or time -sensitive items. This system can be tailored to each job and access can be provided to key members of the project team including City staff, the designer, and the contractor. The system enables the team to remain updated on the latest status of submittals, RFI's, and action item ownership. Review Traffic Control/Detour Plans Given the nature of these different projects, a traffic control plan may be needed ahead of the start of the project. Mr. Bishop will review traffic control plans and offer comments to the City. They will ensure the contractor is in compliance with MUTCD and the City's standards and ordinances. He will coordinate with the City Traffic Engineer to ensure full compliance with City Ordinances and regulations. Lane closure can only be allowed in the time window in which it was specified in the project plans or City municipal codes. Coordination with Residents and Businesses During construction, staff will work hard to minimize the project's impact to the community in order to gain their trust and reaffirm the City's commitment to them. We take a hands-on approach when reaching out to residents and businesses in advance and during construction. Once the contractors schedule is known the CM team will reach out and if possible visit residents and businesses impacted to provide relevant contact information and an anticipated schedule. The public should be aware that we are concerned about the impacts of construction on their lives and we will act in their best interest whenever possible. Not all residents/businesses will embrace the work required to upgrade their storm drain system and prevent flooding. Our goal will be to minimize the impact to the public and take quick action to minimize or eliminate all possible claims against the City. POST CONSTRUCTION PHASE A project is only truly completed when all construction is complete, including the punch list items; the final payment is approved and accepted; and the project paperwork is completed and archived. Tasks performed under this phase include: A Completion of all project documentation, change order summary, final detailed estimate, project acceptance documentation, and a claims management/resolution Final walkthrough involving the contractor, the City, engineering and maintenance staff, the designer and other relevant stake holders Completion of all items on the final construction punch list Preparation of final payment estimate and resolving all of the contractor's exceptions to proposed final estimate Preparing o final construction project report per Chapter 17 of the LAPM 0 Preparation of final 'As -Built" records including record drawings and all discovered utility locations and changes Our construction management team is experienced to be ahead of the contractor, identifying areas of conflicts or discrepancies. The key to managing budget and schedule is to, the greatest extent possible, recognize those areas, and find a solution before they cause delays. This will help the project stay on budget and schedule. DEVELOPMENT INSPECTION CSG has provided field inspection of infrastructure work for developments throughout the Bay Area including Foster Square for the City of Foster City, BM Life Sciences Campus for the City of Foster City, Cypress Walk, Connemara and Harmony @1 in the City of Pacifica, The Dunes, Marina Heights, the Veteran Administration and Cinemark in the City of Marina, East Garrison Development in the County of Monterey, and the Polo Ranch Development in the City of Scotts Valley. Additionally CSG is currently providing inspection and project management services on several developments in the city of Burlingame. We perform these services only EXHIBIT A CSG PROPOSAL TO CITY OF BURLINGAME CONSTRUCrI ON MANAGEMENT AND INSPECTION SERVICES works on behalf of public agencies in overseeing development projects. We do not work directly for developers. CSG understands the difference in managing and inspecting CIP vs. development projects. The following are critical aspects while inspecting grading and infrastructure work on development projects: Inspectors must be available on a short notice and look to help resolve conflicts in an expeditious manner P Understanding the goals and objectives of developers Vs. the governing agency and enforcing the standards and requirements of the agencies while coordinating with all stakeholders to keep project going Understanding and enforcing all governing documents including Development agreement conditions of approval, and other pertinent agreements Coordination with other governing entities such as Water Districts, PG&E, AT&T, and Comcost to ensure no conflict with agencies standards Bringing any conflicts or necessary changes in the field to the project manager Coordinating with Geotechnical Engineering on the observance and responsibility of grading operation EXHIBIT A CSG PROPOSAL TO CITY OF BURLINGAME CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES References CSG staff has provided construction management services for capital improvement and private development related projects to many jurisdictions throughout the Bay Area. Project types include water/wastewater, street rehabilitation, street construction, drainage, bike lanes and trails, highway ramps and interchanges, lighting and signals, roundabouts, grading, irrigation and landscaping, signing and striping. Provided below are references for clients for which CSG has provided construction management of similar projects. City of Foster City Laura Galli Engineering Manager 610 Foster City Boulevard Foster City, CA 94404 (650) 286-3280 Igalli@fostercity.org Town of Los Gatos Eric Christianson Permit Supervisor 110 E. Main Street Los Gatos, CA 95030 (408) 354-6824 EChristianson@losgatos.gov City of Belmont Gilbert Yau Senior Civil Engineer One Twin Pines Lane Belmont, CA 94002 (650) 595-7467 gyau@belmont.gov City of Marina Brian McMinn Public Works Director 211 Hilcrest Avenue Marina, CA 93933 (831) 884-1212 Bmcminn@cityofmarina.org CSG PROPOSAL TO CIEX14113rr AE CONSTRUCTION MANAGEMENT AND INSPECTION HIRVICES Resumes of Key Personnel Below is CSG's proposed organizational structure for the City's review. As shown below, Dave Bishop, PE will serve as the Project Manager for this contract. 0 Mojtaba Nahvar, EIT, will serve as the primary inspector/engineer for the private development projects. Mr. Nahrvar has recently managed major development projects on the behalf of the City of Foster City. His duties involved performing field engineering and inspection and assisting the City coordinate with contractors and field crews. BURLINGAME CONTRACT MANAGER Nourdin Khayata, PE Vice President, Construction Management Dave Bishop, PE* Resident Engineer Mojtaba Nahrvar, EIT* Primary Inspector Arash Kimia Construction Inspector Amer Moussali Construction Inspector CSG PROPOSAL TO CIC�Ff9�1gSI! A CONSTRUCTION MANAGEMENT AND INSSPP/EECCCT1�ION�JHR1VICESS Fee Schedule CSG's proposed staff will perform services at the hourly rates provided below. All hourly rates include overhead costs including, but not limited to, salaries, benefits, Workers Compensation Insurance, travel and office expenses. CSG will coordinate the pickup and return of plans to and from CSG offices. Overtime work will be billed at 1.5x the hourly rates indicated in the table above. On each anniversary of the contract start date, CSG will initiate a rate increase based on change in CPI-U for the applicable region. CSG will mail an invoice every month for services rendered during the previous month. BURL�E AGENDA NO: 8d STAFF REPORT MEETING DATE: March 16, 2020 To: Honorable Mayor and City Council Date: March 16, 2020 From: Ana Maria Silva, Executive Assistant — (650) 558-7204 Subject: Open Nomination Period to Fill Two Vacancies on the Library Board of Trustees RECOMMENDATION Staff recommends that the City Council call for applications to fill two vacancies on the Library Board of Trustees. The pending vacancies are due to the expiring terms of Board members Mike Nagler and Kerbey Altmann. The recommended deadline is Friday, April 24, 2020. This will allow applicants two opportunities to attend a Library Board meeting (March 17 and April 21, 2020). BACKGROUND The City's current commissioner appointment procedure calls for any Commissioner desiring reappointment to apply in the same manner as all other candidates. All past applicants on the two- year waitlist will be informed of the vacancy. 1 CITY O� STAFF REPORT To: Honorable Mayor and City Council Date: March 16, 2020 From: Kathleen Kane, City Attorney — (650) 558-7204 AGENDA NO: 8e MEETING DATE: March 16, 2020 Subject: Adoption of a Resolution Allowing Sares Regis Group to Submit a Planning Application Including a Portion of City Parking Lot E and Directing Staff to Negotiate an Agreement Conferring Access Rights to the Proposed Development at 220 Park Road RECOMMENDATION Staff recommends that the City Council consider adoption of the attached draft resolution reflecting Council's prior direction regarding the 220 Park Road development's access to subsurface areas of Lot E. BACKGROUND and DISCUSSION The United States Postal Service (USPS) sold the former Burlingame Main Post Office, located at 220 Park Road, in 2014. The property is now privately held. The property owner of the former Post Office has engaged developer Sares Regis on a development proposal for adaptive reuse of the Post Office site. In a study session on January 21, 2020, representatives from Sares Regis presented an update to the City Council on potential uses and development concepts for the property. The representatives reported that a commercial/office development concept was being pursued, in coordination with Dostart Development Company. At its meeting of March 2, 2020, the Council considered further information regarding the conceptual plan for the project. The project proponents also articulated that the 220 Park Road site is constrained by the historic building located on it as well as a large subsurface culvert that runs across part of the property and onto City Parking Lot E. In order to construct adequate subsurface parking, the developers requested permission to submit plans involving a portion of the area below Lot E. In exchange, the developers propose providing the City access to the portion of the culvert that runs under their adjacent property. In addition, the public would be granted access to the project's parking on nights and weekends when it is not in use by an office tenant. Council directed staff to bring back a resolution granting the contingent right to submit project plans involving a portion of the subsurface area under Lot E. Staff further seeks the direction to negotiate an appropriate agreement or other instrument to memorialize the exchange of access rights, along with related community benefits. That agreement will be presented to Council for consideration and will be contingent on successful completion of the entitlement process. Because the Council 1 220 Park Road / Lot E Parking Plan March 16, 2020 is not actually granting any permanent rights at this time, and the agreement would not be effective until after the entitlement process, the action proposed with this item does not constitute a project that must have its own environmental review. FISCAL IMPACT There is no direct impact on the City General Fund associated with this decision. A later agreement negotiated pursuant to this action will be presented to Council for review for, among other things, its impact on the City's financial interests. Exhibit: • Resolution 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME CONDITIONALLY ALLOWING SARES REGIS GROUP TO SUBMIT DEVELOPMENT PLANS INVOLVING A PORTION OF CITY PARKING LOT E AND DIRECTING STAFF TO NEGOTIATE AN AGREEMENT PERMITTING ACCESS TO SUBSURFACE AREAS UNDER A PORTION OF LOT E IN FAVOR OF THE PRIVATE DEVELOPMENT AT 220 PARK ROAD WHEREAS, the owner of the historic Post Office property located at 220 Park Road has partnered with Sares Regis Group Operating, Inc. to develop the Post Office property in a manner consistent with the existing historic covenant; and WHEREAS, the site at 220 Park Road is significantly constrained by the historic property located on it as well as other conditions including an underground culvert that traverses a portion of the site and a portion of the City's adjacent Parking Lot E; and WHEREAS, in order to provide adequate parking for the proposed development on the Post Office site, the developer has determined that a portion of the subsurface area under Lot E would need to be included in the project's parking; and WHEREAS, the City intends to redevelop at least a portion of the surface of Lot E into a public plaza; and WHEREAS, the developer has proposed to allow the public access to the project's parking during night and weekend hours when it is not in use by the project's tenant; and WHEREAS, the City Council has reviewed the developer's conceptual plan for the project and has determined that it is in the City's interest to build out the public plaza in cooperation with the Post Office project; and WHEREAS, the Council wishes to negotiate a suitable agreement covering access rights by the 220 Park Road project to a portion of the subsurface area under Lot E in exchange for various advantages to the public including access to the existing culvert where it runs under the Post Office parcel, the right to use the project's parking on nights and weekends, and other terms, and any such agreement would be contingent on the project's successful completion of the planning entitlement process; NOW, THEREFORE, BE IT RESOLVED: 1. Sares Regis Group is granted the right to submit a project for planning entitlements and review that includes a portion of the subsurface area under City Parking Lot E in order to accommodate the anticipated parking structure for the proposed development at 220 Park Road; 2. That the grant of this limited right does not confer any other rights in or to the City's property in question; 3. That staff is directed to negotiate an appropriate agreement or other legal instrument for the transfer of rights in favor of the project development at 220 Park Road for access to the required subsurface area under City Parking Lot E in exchange for consideration to the City; 4. That such agreement shall be presented to Council for consideration and shall be contingent on the project's successful completion of the City's land use entitlement process and any related environmental and historical review; 5. That because of the contingent nature of this resolution, the City has not committed to any definite course of action in regard to the proposed project at 220 Park Road that would require environmental review at this time. Emily Beach, 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 16th day of March, 2020, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Meaghan Hassel -Shearer, City Clerk l� CITYSTAFF REPORT O� -:.�. To: Honorable Mayor and City Council Date: March 16, 2020 AGENDA NO: 10a MEETING DATE: March 16, 2020 From: Lisa K. Goldman, City Manager — (650) 558-7243 Meaghan Hassel -Shearer, City Clerk — (650) 558-7203 Subject: Update on COVID-19 and Governor Newsom's Executive Order N-25-20, which Authorizes Local Legislative Bodies to Hold Public Meetings via Teleconference RECOMMENDATION Staff recommends that the Council receive an update on the novel coronavirus (COVID-19) and review Governor Newsom's Executive Order N-25-20, which authorizes local legislative bodies to hold public meetings via teleconference. BACKGROUND On March 4, 2020, Governor Newsom proclaimed a State of Emergency as a result of the threat of COVID-19. A week later on March 11, 2020, the World Health Organization declared the coronavirus outbreak a pandemic. As the situation is changing daily, staff will provide an oral update to the City Council on the City's activities with respect to COVID-19. DISCUSSION To assist in slowing the spread of COVID-19, Governor Newsom issued an Executive Order on March 12 which: • Waives the one -week waiting period for unemployment applicants and disability insurance applicants who are unemployed and/or disabled as a result of COVID-19; • Delays the deadline for state tax filing by 60 days for individuals and businesses unable to file on time based on compliance with public health requirements related to COVID-19 filings; • Directs residents to follow public health directives and guidance, including to cancel large non -essential gatherings that do not meet state criteria; • Readies the state to commandeer hotels and other suitable facilities for temporary residences and medical facilities for quarantining, isolating, or treating individuals who test positive for COVID-19 or have had a high -risk exposure; • Allows local or state legislative bodies to hold meetings via teleconference and to make meetings accessible telephonically or otherwise electronically to all members of the public seeking to attend and to address the local legislative body; and • Allows local and state emergency administrators to act quickly to protect public health. COVID-19 Update and Governor's Executive Order March 16, 2020 In regards to local legislative body meetings, the Governor's Executive Order states: 11. Notwithstanding any other provision of state or local law, including the Bagley -Keene Act or the Brown Act, a local legislative body or state body is authorized to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to attend and to address the local legislative body or state body, during the period in which state or local public officials impose or recommend measures to promote social distancing, including but not limited to limitations on public events. All requirements in both the Bagley -Keene Act and the Brown Act expressly or impliedly requiring the physical presence of members, the clerk or other personnel of the body, or of the public as a condition of participation in or quorum for a public meeting are hereby waived. In particular, any otherwise -applicable requirements that (i) state and local bodies notice each teleconference location from which a member will be participating in a public meeting; (ii) each teleconference location be accessible to the public; (iii) members of the public may address the body at each teleconference conference location; (iv) state and local bodies post agendas at all teleconference locations; (v) at least one member of the state body be physically present at the location specified in the notice of the meeting: and (vi) during teleconference meetings, a(t) least a quorum of the members of the local body participate from locations within the boundaries of the territory over which the local body exercises jurisdiction are hereby suspended, on the conditions that: (i) each state or local body must give advance notice of each public meeting, according to the timeframe otherwise prescribed by the Bagley -Keene Act or the Brown Act, and using the means otherwise prescribed by the Bagley -Keene Act or the Brown Act, as applicable; and (ii) consistent with the notice requirements in paragraph (i), each state or local body must notice at least one publicly accessible location from which members of the public shall have the right to observe and offer public comment at the public meeting, consistent with the public's rights of access and public comment otherwise provided for by the Bagley -Keene Act and the Brown Act, as applicable (including, but not limited to, the requirement that such rights of access and public comment be made available in a manner consistent with the Americans and Disabilities Act). As of early afternoon on Thursday, March 12, 2020, several cities in San Mateo County cancelled advisory committee meetings but were planning to continue to hold Council and Planning Commission meetings. 2 COVID-19 Update and Governor's Executive Order March 16, 2020 If the Council chooses to hold meetings by teleconference, the City has several options including gotomeeting, zoom, and webex. Pursuant to the Governor's Executive order, the City will need to have at least one public space open during the meeting to allow the community to participate in the meeting. Staff will work with IT to ensure that Council Chambers can accommodate this requirement. Exhibit: • Governor Newsom's Executive Order N-25-20 3 EXECUTIVE DEPARTMENT STATE OF CALIFORNIA EXECUTIVE ORDER N-25-20 WHEREAS on March 4, 2020,1 proclaimed a State of Emergency to exist in California as a result of the threat of COVID-19; and WHEREAS despite sustained efforts, the virus remains a threat, and further efforts to control the spread of the virus to reduce and minimize the risk of infection are needed; and WHEREAS state and local public health officials may, as they deem necessary in the interest of public health, issue guidance limiting or recommending limitations upon attendance at public assemblies, conferences, or other mass events, which could cause the cancellation of such gatherings through no fault or responsibility of the parties involved, thereby constituting a force majeure; and WHEREAS the Department of Public Health is maintaining up-to-date guidance relating to COVID-19, available to the public at htto://cdr)h.ca.aov/covid19; and WHEREAS the State of California and local governments, in collaboration with the Federal government, continue sustained efforts to minimize the spread and mitigate the effects of COVID-19; and WHEREAS there is a need to secure numerous facilities to accommodate quarantine, isolation, or medical treatment of individuals testing positive for or exposed to COVID-19; and WHEREAS, many individuals who have developmental disabilities and receive services through regional centers funded by the Department of Developmental Services also have chronic medical conditions that make them more susceptible to serious symptoms of COVID-19, and it is critical that they continue to receive their services while also protecting their own health and the general public health; and WHEREAS individuals exposed to COVID-19 may be temporarily unable to report to work due to illness caused by COVID-19 or quarantines related to COVID-19 and individuals directly affected by COVID-19 may experience potential loss of income, health care and medical coverage, and ability to pay for housing and basic needs, thereby placing increased demands on already strained regional and local health and safety resources such as shelters and food banks; and WHEREAS in the interest of public health and safety, it is necessary to exercise my authority under the Emergency Services Act, specifically Government Code section 8572, to ensure adequate facilities exist to address the impacts of COVID-19; and 2M WHEREAS under the provisions of Government Code section 8571, 1 find that strict compliance with various statutes and regulations specified in this order would prevent, hinder, or delay appropriate actions to prevent and mitigate the effects of the COVID-19 pandemic. NOW, THEREFORE, 1, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes of the State of California, and in particular, Government Code sections 8567, 8571 and 8572, do hereby issue the following order to become effective immediately: IT IS HEREBY ORDERED THAT: 1. All residents are to heed any orders and guidance of state and local public health officials, including but not limited to the imposition of social distancing measures, to control the spread of COVID-19. 2. For the period that began January 24, 2020 through the duration of this emergency, the Employment Development Department shall have the discretion to waive the one -week waiting period in Unemployment Insurance Code section 2627(b) (1) for disability insurance applicants who are unemployed and disabled as a result of the COVID-19, and who are otherwise eligible for disability insurance benefits. 3. For the period that began January 24, 2020 through the duration of this emergency, the Employment Development Department shall have the discretion to waive the one -week waiting period in Unemployment Insurance Code section 1253(d) for unemployment insurance applicants who are unemployed as a result of the COVID-19, and who are otherwise eligible for unemployment insurance benefits. 4. Notwithstanding Health and Safety Code section 1797.172(b), during the course of this emergency, the Director of the Emergency Medical Services Authority shall have the authority to implement additions to local optional scopes of practice without first consulting with a committee of local EMS medical directors named by the EMS Medical Directors Association of California. In order to quickly provide relief from interest and penalties, the provisions of the Revenue and Taxation Code that apply to the taxes and fees administered by the Department of Tax and Fee Administration, requiring the filing of a statement under penalty of perjury setting forth the facts for a claim for relief, are suspended for a period of 60 days after the date of this Order for any individuals or businesses who are unable to file a timely tax return or make a timely payment as a result of complying with a state or local public health official's imposition or recommendation of social distancing measures related to COVID-19. 6. The Franchise Tax Board, the Board of Equalization, the Department of Tax and Fee Administration, and the Office of Tax Appeals shall use their administrative powers where appropriate to provide those individuals and businesses impacted by complying with a state or local public health official's imposition or recommendation of social distancing measures related to COVID-19 with the extensions for filing, payment, audits, billing, notices, assessments, claims for refund, and relief from subsequent penalties and interest. The Governor's Office of Emergency Services shall ensure adequate state staffing during this emergency. Consistent with applicable federal law, work hour limitations for retired annuitants, permanent and intermittent personnel, and state management and senior supervisors, are suspended. Furthermore, reinstatement and work hour limitations in Government Code sections 21220, 21224(a), and 7522.56(b), (d), (f), and (g), and the time limitations in Government Code section 19888.1 and California Code of Regulations, title 2, sections 300-303 are suspended. The Director of the California Department of Human Resources must be notified of any individual employed pursuant to these waivers. 8. The California Health and Human Services Agency and the Office of Emergency Services shall identify, and shall otherwise be prepared to make available --including through the execution of any necessary contracts or other agreements and, if necessary, through the exercise of the State's power to commandeer property — hotels and other places of temporary residence, medical facilities, and other facilities that are suitable for use as places of temporary residence or medical facilities as necessary for quarantining, isolating, or treating individuals who test positive for COVID-19 or who have had a high -risk exposure and are thought to be in the incubation period. The certification and licensure requirements of California Code of Regulations, Title 17, section 1079 and Business and Professions Code section 1206.5 are suspended as to all persons who meet the requirements under the Clinical Laboratory Improvement Amendments of section 353 of the Public Health Service Act for high complexity testing and who are performing analysis of samples to test for SARS- CoV-2, the virus that causes COVID-19, in any certified public health laboratory or licensed clinical laboratory. 1 O.To ensure that individuals with developmental disabilities continue to receive the services and supports mandated by their individual program plans threatened by disruptions caused by COVID-19, the Director of the Department of Developmental Services may issue directives waiving any provision or requirement of the Lanterman Developmental Disabilities Services Act, the California Early Intervention Services Act, and the accompanying regulations of Title 17, Division 2 of the California Code of Regulations. A directive may delegate to the regional centers any authority granted to the Department by law where the Director believes such delegation is necessary to ensure services to individuals with developmental disabilities. The Director shall describe the need justifying the waiver granted in each directive and articulate how the waiver is necessary to protect the public health or safety from the threat of COVID-19 or necessary to ensure that services to individuals with developmental disabilities are not disrupted. Any waiver granted by a directive shall expire 30 days from the date of its issuance. The Director may grant one or more 30-day extensions if the waiver continues to be necessary .lt_, to protect health or safety or to ensure delivery of services. The Director shall rescind a waiver once it is no longer necessary to protect public health or safety or ensure delivery of services. Any waivers and extensions granted pursuant to this paragraph shall be posted on the Department's website. 11. Notwithstanding any other provision of state or local law, including the Bagley -Keene Act or the Brown Act, a local legislative body or state body is authorized to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to attend and to address the local legislative body or state body, during the period in which state or local public officials impose or recommend measures to promote social distancing, including but not limited to limitations on public events. All requirements in both the Bagley -Keene Act and the Brown Act expressly or impliedly requiring the physical presence of members, the clerk or other personnel of the body, or of the public as a condition of participation in or quorum for a public meeting are hereby waived. In particular, any otherwise -applicable requirements that (i) state and local bodies notice each teleconference location from which a member will be participating in a public meeting; (ii) each teleconference location be accessible to the public; (iii) members of the public may address the body at each teleconference conference location; (iv) state and local bodies post agendas at all teleconference locations: (v) at least one member of the state body be physically present at the location specified in the notice of the meeting: and (vi) during teleconference meetings, a least a quorum of the members of the local body participate from locations within the boundaries of the territory over which the local body exercises jurisdiction are hereby suspended, on the conditions that: (i) each state or local body must give advance notice of each public meeting, according to the timefrome otherwise prescribed by the Bagley -Keene Act or the Brown Act, and using the means otherwise prescribed by the Bagley -Keene Act or the Brown Act, as applicable; and (ii) consistent with the notice requirement in paragraph (i), each state or local body must notice at least one publicly accessible location from which members of the public shall have the right to observe and offer public comment at the public meeting, consistent with the public's rights of access and public comment otherwise provided for by the Bagley - Keene Act and the Brown Act, as applicable (including, but not limited to, the requirement that such rights of access and public comment be made available in a manner consistent with the Americans with Disabilities Act). mom In addition to the mandatory conditions set forth above, all state and local bodies are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the provisions of the Bagley -Keene Act and the Brown Act, and other applicable local laws regulating the conduct of public meetings, in order to maximize transparency and provide the public access to their meetings. IT IS FURTHER ORDERED that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order. This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person. IN WITNESS WHEREOF I have hereunto set my hand and caused the Great Seal of the State of California to be affixed this 12th day of Ma h 2020. G N NEWSCM rnor of California ATTEST: ALEX PADILLA Secretary of State STAFF REPORT AGENDA NO: 10a MEETING DATE: March 16, 2020 To: Honorable Mayor and City Council Date: March 16, 2020 From: Kevin Gardiner, Community Development Director — (650) 558-7253 Subject: Adoption of a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with HouseKeys, Inc. for Administration of the City of Burlingame Below Market Rate Housing Program in a Not to Exceed Amount of $150,000 Over a One Year Period RECOMMENDATION Staff recommends that the City Council adopt the attached resolution authorizing the City Manager to execute a professional services agreement with HouseKeys, Inc. in a not to exceed amount of $150,000 for below market rate administrative setup, administration, and compliance monitoring for administration of the City's Below Market Rate (BMR) Housing Program for a period of one year. BACKGROUND In 2008, the City of Burlingame contracted with Neighborhood Housing Services of Silicon Valley (NHSSV) to provide administrative services for the City's BMR Housing Program. Unfortunately, due to financial challenges stemming from the housing crash and the recession, NHSSV announced its closing in June of 2015. In order to minimize the disruption to the administration of the City's BMR Housing Program, the City met with several organizations, including Hello Housing, HouseKeys, Inc., and Palo Alto Housing, to discuss the BMR Housing Program. The City chose HouseKeys in 2017 to continue administration of the BMR Housing Program. HouseKeys has since been overseeing the administration of 14 existing BMR units in Burlingame, one of which expired in 2018 (see attached Proposal for a list of existing BMR units). HouseKeys is the current Program Administrator for the Cities of Morgan Hill, Campbell, San Ramon and Gilroy. DISCUSSION Based on the number of existing BMR units (13) and new BMR units anticipated to be built in the coming year (43), staff recommends executing a new professional services agreement with HouseKeys to establish a more comprehensive administration of the BRM program. Staff would note that the leasing of the BMR units in the Village at Burlingame project has not yet been determined, but could be administered by HouseKeys in the future if applicable. 1 Professional Services Agreement with March 16, 2020 HouseKeys, Inc. The key areas outlined in the Scope of Work for the first year include: ■ Program Update (one-time fee of $30,000) ■ Software Update (one-time fee of $6,000) ■ Day to Day Administration ($60,000 for first year) ■ Portfolio Management (included in first year cost) ■ Compliance and Loss Mitigation (included in first year cost) Please refer to the attached proposal for a detailed description of tasks included in each of the key areas listed above. The proposal includes a first year proposed cost of $96,000, with a not to exceed amount of $150,000 to cover additional services requested by the City or an increase in the number of BMR units built within the first year. This cost will be adjusted in subsequent years since a portion of the cost ($36,000) is a one-time startup fee, and the number of projects in the pipeline will change. The initial lease -up and re -lease fee is $1,500 per BMR unit, which would be charged to the developer/property owner. Currently, staff is maintaining a list of persons interested in BMR units in Burlingame. With this proposal, HouseKeys will create a webpage providing a comprehensive online application process for interested applicants. The services also include marketing and outreach, 12 educational program workshops in the first year, and annual compliance review of the BMR units. FISCAL IMPACT With this amendment, the total professional services fee will be $96,000, with a not to exceed amount of $150,000. There are adequate funds available in the Planning Division Professional Services Contract budget to cover this scope of work. Exhibits: ■ Resolution ■ Professional Services Agreement ■ Scope of Work & Fee Schedule 2 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH HOUSEKEYS, INC. FOR ADMINISTRATION OF THE CITY OF BURLINGAME BELOW MARKET RATE HOUSING PROGRAM IN A NOT TO EXCEED AMOUNT OF $150,000 OVER A ONE YEAR PERIOD WHEREAS, on February 19 2008, the City of Burlingame contracted with Neighborhood Housing Services of Silicon Valley (NHSSV) to provide administrative services for the City's BMR Housing Program; and WHEREAS, due to financial challenges stemming from the housing crash and the recession, NHSSV closed its operation in June of 2015; and WHEREAS, in order to minimize the disruption to the administration of the City's BMR Housing Program, the City contracted with HouseKeys, Inc. on March 9, 2017, to continue administration of the BMR Housing Program; and WHEREAS, based on the number of existing BMR units and new BMR units anticipated to be built in the coming year, the City desires to contract with HouseKeys, Inc. to establish a more comprehensive administration of the BMR Housing Program; and WHEREAS, there are adequate funds available in the Professional Services Contract budget to cover administration of the BMR Housing Program for a period of one year; and WHEREAS, because the agreement will authorize work in excess of $100,000, City Council approval is required. NOW, THEREFORE, BE IT RESOLVED AND ORDERED: 1. The City Manager is authorized and directed to enter into a Professional Services Agreement with HouseKeys, Inc. for below market rate administrative setup, administration, and compliance monitoring for administration of the City's Below Market Rate (BMR) Housing Program for a period of one year with the Scope of Work attached to this resolution, for a maximum cost of $96,000 as stated in the Scope of Work, and a not to exceed amount of $150,000 to cover additional services requested by the City or an increase in the number of BMR units built within the first year. 2. The City Clerk is directed to attest to the signature of the City Manager upon execution of the Professional Services Agreement. Emily Beach, 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 16th day of March, 2020, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Meaghan Hassel -Shearer, City Clerk AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF BURLINGAME AND HOUSEKEYS, INC., A CALIFORNIA CORPORATION THIS AGREEMENT is by and between HouseKeys, Inc., a California corporation ("Consultant") and the City of Burlingame, a public body of the State of California ("City"). Consultant and City agree: 1. Services. Consultant shall provide the Services set forth in Exhibit A, attached hereto and incorporated herein, to render services for the administration of Below Market Rate (BMR) affordable housing units. 2. Compensation. Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum compensation amount, Consultant agrees to provide services as described in the attached scope of work, which is anticipated to cost $96,000, including all materials and other reimbursable amounts ("Maximum Compensation"), for below - market rate administrative setup, administration, and compliance monitoring. Additional work may be undertaken at the request of City or, if necessary to achieve project objectives, with the written pre -approval of City, in an amount not to exceed $150,000. Consultant shall submit invoices on a monthly basis. All bills submitted by Consultant shall contain sufficient information to determine whether the amount deemed due and payable is accurate. Bills shall include a brief description of services performed, the date services were performed, the number of hours spent and by whom, a brief description of any costs incurred and the Consultant's signature. 3. Term. This Agreement commences on full execution hereof and terminates on June 30, 2021, unless otherwise extended or terminated pursuant to the provisions hereof. Consultant agrees to diligently prosecute the services to be provided under this Agreement to completion and in accordance with any schedules specified herein. In the performance of this Agreement, time is of the essence. Time extensions for delays beyond the Consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator prior to the expiration of the specified completion date. 4. Assignment and Subcontracting. A substantial inducement to City for entering into this Agreement is the professional reputation and competence of Consultant. Neither this Agreement nor any interest herein may be assigned or subcontracted by Consultant without the prior written approval of City. It is expressly understood and agreed by both parties that Consultant is an independent contractor and not an employee of the City. 5. Insurance. Consultant, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof, acceptable to the City, the insurance coverages specified in Exhibit B, "City Insurance Requirements," attached hereto and incorporated herein by reference. Consultant shall demonstrate proof of required insurance coverage prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance to City. 6. Indemnification. Consultant shall indemnify, defend, and hold City, its directors, officers, employees, agents, and volunteers harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of, pertaining or relating to the negligence, recklessness or willful misconduct of Consultant, its employees, subcontractors, or agents, or on account of the performance or character of the Services, except for any such claim arising out of the sole negligence or willful misconduct of the City, its officers, employees, agents, or volunteers. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in section 2778 of the California Civil Code. Notwithstanding the foregoing, for any design professional services, the duty to defend and indemnify City shall be limited to that allowed pursuant to California Civil Code section 2782.8. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 7. Termination and Abandonment. This Agreement may be cancelled at any time by City for its convenience upon written notice to Consultant. In the event of such termination, Consultant shall be entitled to pro -rated compensation for authorized Services performed prior to the effective date of termination provided however that City may condition payment of such compensation upon Consultant's delivery to City of any or all materials described herein. In the event the Consultant ceases performing services under this Agreement or otherwise abandons the project prior to completing all of the Services described in this Agreement, Consultant shall, without delay, deliver to City all materials and records prepared or obtained in the performance of this Agreement. Consultant shall be paid for the reasonable value of the authorized Services performed up to the time of Consultant's cessation or abandonment, less a deduction for any damages or additional expenses which City incurs as a result of such cessation or abandonment. 8. Ownership of Materials. All documents, materials, and records of a finished nature, including but not limited to final plans, specifications, video or audio tapes, photographs, computer data, software, reports, maps, electronic files and films, and any final revisions, prepared or obtained in the performance of this Agreement, shall be delivered to and become the property of City. All documents and materials of a preliminary nature, including but not limited to notes, sketches, preliminary plans, computations and other data, and any other material referenced in this Section, prepared or obtained in the performance of this Agreement, shall be made available, upon request, to City at no additional charge and without restriction or limitation on their use. Upon City's request, Consultant shall execute appropriate documents to assign to the City the copyright or trademark to work created pursuant to this Agreement. Consultant shall return all City property in Consultant's control or possession immediately upon termination. 9. Compliance with Laws. In the performance of this Agreement, Consultant shall abide by and conform to any and all applicable laws of the United States and the State of California, and all ordinances, regulations, and policies of the City. Consultant warrants that all work done under this Agreement will be in compliance with all applicable safety rules, laws, statutes, and practices, including but not limited to Cal/OSHA regulations. If a license or registration of any kind is required of Consultant, its employees, agents, or subcontractors by law, Consultant warrants that such license has been obtained, is valid and in good standing, and Consultant shall keep it in effect at all times during the term of this Agreement, and that any applicable bond shall be posted in accordance with all applicable laws and regulations. 10. Conflict of Interest. Consultant warrants and covenants that Consultant presently has no interest in, nor shall any interest be hereinafter acquired in, any matter which will render the services required under the provisions of this Agreement a violation of any applicable state, local, or federal law. In the event that any conflict of interest should nevertheless hereinafter arise, Consultant shall promptly notify City of the existence of such conflict of interest so that the City may determine whether to terminate this Agreement. Consultant further warrants its compliance with the Political Reform Act (Government Code § 81000 et seq.) respecting this Agreement. 11. Whole Agreement and Amendments. This Agreement constitutes the entire understanding and Agreement of the parties and integrates all of the terms and conditions mentioned herein or incidental hereto and supersedes all negotiations or any previous written or oral Agreements between the parties with respect to all or any part of the subject matter hereof. The parties intend not to create rights in, or to grant remedies to, any third party as a beneficiary of this Agreement or of any duty, covenant, obligation, or undertaking established herein. This Agreement may be amended only by a written document, executed by both Consultant and the City Manager, and approved as to form by the City Attorney. Such document shall expressly state that it is intended by the parties to amend certain terms and conditions of this Agreement. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. Multiple copies of this Agreement may be executed but the parties agree that the Agreement on file in the office of the City Clerk is the version of the Agreement that shall take precedence should any differences exist among counterparts of the document. This Agreement and all matters relating to it shall be governed by the laws of the State of California. 12. Capacity of Parties. Each signatory and party hereto warrants and represents to the other party that it has all legal authority and capacity and direction from its principal to enter into this Agreement and that all necessary actions have been taken so as to enable it to enter into this Agreement. 13. Severability. Should any part of this Agreement be declared by a final decision by a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond the authority of either party to enter into or carry out, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement, absent the unexcised portion, can be reasonably interpreted to give effect to the intentions of the parties. 14. Notice. Any notice required or desired to be given under this Agreement shall be in writing and shall be personally served or, in lieu of personal service, may be given by (i) depositing such notice in the United States mail, registered or certified, return receipt requested, postage prepaid, addressed to a party at its address set forth in Exhibit A; (ii) transmitting such notice by means of Federal Express or similar overnight commercial courier ("Courier"), postage paid and addressed to the other at its street address set forth below; (iii) transmitting the same by facsimile, in which case notice shall be deemed delivered upon confirmation of receipt by the sending facsimile machine's acknowledgment of such with date and time printout; or (iv) by personal delivery. Any notice given by Courier shall be deemed given on the date shown on the receipt for acceptance or rejection of the notice. Either party may, by written notice, change the address to which notices addressed to it shall thereafter be sent. 15. Miscellaneous. Except to the extent that it provides a part of the definition of the term used herein, the captions used in this Agreement are for convenience only and shall not be considered in the construction of interpretation of any provision hereof, nor taken as a correct or complete segregation of the several units of materials and labor. Capitalized terms refer to the definition provide with its first usage in the Agreement. When the context of this Agreement requires, the neuter gender includes the masculine, the feminine, a partnership or corporation, trust or joint venture, and the singular includes the plural. The terms "shall", "will", "must" and "agree" are mandatory. The term "may" is permissive. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. When a party is required to do something by this Agreement, it shall do so at its sole cost and expense without right to reimbursement from the other party unless specific provision is made otherwise. Where any party is obligated not to perform any act, such party is also obligated to restrain any others within its control from performing such act, including its agents, invitees, contractors, subcontractors and employees. IN WITNESS WHEREOF, Consultant and City execute this Agreement. CITY OF BURLINGAME 501 Primrose Road Burlingame, CA 94010 By: Lisa Goldman City Manager Date: Attest: Meaghan Hassel -Shearer City Clerk HouseKeys, Inc. 358 Digital Drive Morgan Hill, CA 95037 By: Julius Nyanda CEO Federal Employer ID Number: License Number: Expiration Date: Approved as to form: Kathleen Kane City Attorney Attachments: Exhibit A Scope of Work Exhibit B City Insurance Provisions ` J HouseKeys Unlock Opportunity Toll Free: 1-877-460-KEYS (5397) March 4, 2020 Scope of Work & Fee Schedule Office (By Appointment) 358 Digital Drive Morgan Hill, CA 95037 City of Burlingame Proposal — Multi -Family Rental Program First Year Proposed Cost (56 Units) 1 Program Update Up Front Startup $30,000 2 Software Update Up Front Startup $6,000 3 Day -to -Day Admin First Year Monthly $60,000 Total $96,000 Total First Year: $96,000 Program Scope Existing Portfolio (13 Units) # Project Property Address Counter Party Status 1 904 Bayswater 904 Baywater Avenue #6 Bo Thorenfeldt Expires 6/5/2024 2 1225 Floribunda 1225 Floribunda Avenue #5 Zers Floribunda, LLC & Leung Family Trust Expires 7/2/2025 3 1226 El Camino 1226 El Camino Real #202 Patrick Fellows Expires 6/1/2020 4 1321 El Camino 1321 El Camino Real #3 Milliken Enterprises LP Expires 7/2/2025 5 1800 Trousdale 1800 Trousdale Drive #207 Mills Trousdale LLC Expires 10/29/2025 6 1800 Trousdale 1800 Trousdale Drive #203 Mills Trousdale LLC Expires 10/29/2025 7 1800 Trousdale 1800 Trousdale Drive #203 Mills Trousdale LLC Expires 10/29/2025 8 1838 Ogden Dr 1838 Ogden Drive #207 Mills Ogden Villa, LLC Expires 1/30/2027 9 1838 Ogden Dr 1838 Ogden Drive #208 Mills Ogden Villa, LLC Expires 1/30/2027 10 1838 Ogden Dr 1838 Ogden Drive #307 Mills Ogden Villa, LLC Expires 1/30/2027 11 1838 Ogden Dr 1838 Ogden Drive #308 Mills Ogden Villa, LLC Expires 1/30/2027 12 1838 Ogden Dr 1838 Ogden Drive #408 Mills Ogden Villa, LLC Expires 1/30/2027 13 1838 Ogden Dr 1838 Ogden Drive #207 Mills Ogden Villa, LLC Expires 1/30/2027 Page 1 of 7 ` J HouseKeys Unlock Opportunity Upcoming Pipeline (43 Units) Toll Free: 1-877-460-KEYS (5397) Office (By Appointment) 358 Digital Drive Morgan Hill, CA 95037 # Project Name Unit Count Description Est. Delivery Date 1 Summerhill 29 Moderate 120% AMI 25 Years TBD 2 1509 El Camino Real 1 Moderate 120% AMI 10 Years TBD 3 920 Bayswater Ave 13 Moderate 120% AMI 30 Years TBD Total 1 43 Note: Cost estimate based on a 16-hour average to deliver an eligible tenant and a project 8 Applicants per delivered tenant. This number equates to $2,400 per unit. Program Update and Pipeline Services Scope Area Scope Tasks and Details Cost 1. Program Update 1. Assist with Staff Reports and Council Presentations One -Time Fee 2. Update Policy and Procedure Guide for City Program $30,000 3. Update online system to manage applicant files 4. Update MyHouseKeys program for application intake and processing according to City policies [Paid Up Front] 5. Update Program Web Pages 6. Update forms for application, file submission, approvals, denials, and escalations 7. Existing client list notifications to push applicants to MyHouseKeys site 8. Create Customer Service and Program Evaluation Survey 9. Signature Routing Procedure Setup 10. File Management Procedure Setup 11. Setup Office Hours in Burlingame to deal with Applicant Flow 2. Software 1. Setup Application ID Roster One -Time Fee Update 2. Setup Program Profile Page $6,000.00 3. Setup Project Profile Page 4. Create Opportunity Profile Page for each available for -rent unit 5. Create Opportunity Drawing Profile Page for each of the Drawings (AKA "Lotteries") that will be held to group Application IDs and Opportunity IDs together and select the winning tenant prospect 6. Daily and Weekly Update to Team, City, and Developer Partners Page 2 of 7 3. Day to Day 1. Maintain Applicant Pool Reporting First Year Administration 2. Field Inbound Communications via phone, email, and $60,000 other correspondence 3. 12 Program Workshops in first year Program Applicants 4. Develop Project -Specific Marketing Collateral 5. Ongoing reports and meetings with staff and developer 6. Marketing & Outreach 7. Eligibility Screening and Pre -Qualification 8. Application Coordination 9. Opportunity Drawing (AKA "Lottery') Management and Coordination 10. Transaction Coordination for tenant screening and lease signing 11. Post -Lease -Up Setup to transition Applicants to Program Participants (Annual Compliance Certifications) 12. File Management (City Clerk) 13. Ongoing Customer Service & Support 14. Ongoing Staff Reporting and Council Presentations Program Portfolio Services Scope Area Scope Tasks and Details Cost 4. Portfolio 1. Facilitate Customer Service Tickets for Existing Included in First Management 2. Landlord Communication Year Cost a. Setup Marketing and Staging Program Participants b. Coordinate Tenant Prospect Meeting 3. Re -Lease Activity a. Re -Lease Requirement Review b. Lease Calculation and Market Analysis c. Develop unit -specific marketing collateral d. Coordinate Applicant Pool and Setup Opportunity Drawing (AKA "Lottery") 4. Ongoing Staff Reporting and Council Presentations 5. Compliance & 6. Annual Compliance Review Included in First Loss Mitigation a. Issue Correspondence Year Cost b. Run daily scans of portfolio for potential loss events by building owners (e.g. foreclosures, Enforcement activity bankruptcies) is billed as Special c. Manage Loss Mitigation and Default Process Page 3 of 7 G` J .ma 7% HouseKeys Unlock Opportunity Toll Free: 1-877-460-KEYS (5397) Office (By Appointment) 358 Digital Drive Morgan Hill, CA 95037 d. Through Assignment of Asset, manage legal Project Fee (See #2 on proceedings (see fee schedule) Fee Schedule) Fee Schedule # Transaction Type Fee Fee Cap Billed to: Max Fee 1 Lease -Up and Re -Lease Fee $1,500 $1,500 Charged to Builder 2 Billing Rate for Projects Outside of Agreed $250/hour Per See Scope Agreement I Agreement 3 Application Fee Paid After Opportunity $75.00* $75.00 Applicant* Drawing and Upon File Request to Applicant 1. HouseKeys has nearly 10,000 households in its system. Each of these Household I.D. holders can apply to all the cities in our portfolio including Morgan Hill, Gilroy, San Ramon, Santa Clara, etc. We will soon create a fee schedule that keeps it free for households to seek Application I.D.s for a primary city, but asks them to "upgrade" their account to a $25 annual fee to be able to apply to all cities in the HouseKeys system. 2. This fee is paid by Application I.D. holders who enter a Drawing and receive a File Request to begin processing their full file and determine eligibility and qualification of the applicant. This process requires verification of tax returns, income, household membership, identification, and credit report. HouseKeys Team # Position Role Name Phone Email 1 Program Manager Oversight of the Julius Nyanda 408-684- lulius(a)-housekeys.org Organization & 8202 Program 2 Program Program Abraham 408-712- abraham(cbhousekeys.org Relationship Education & Valle 3761 Manage Partnerships 3 Program Asset Transactions, Christina 408-684- christina(Dhousekeys.org Manager Program Enriquez 8788 Inventory & Compliance 4 Program Existing Katarina 408-684- katarina()-housekeys.org Transaction Owners, Marusic 8291 Coordinator Program Inventory, New Construction, Tenant Mgmt. Specialist Page 4 of 7 ,1 o s Keys Unlock Opportunity Toll Free: 1-877-460-KEYS (5397) Office (By Appointment) 358 Digital Drive Morgan Hill, CA 95037 5 Program Ticket Handling Kamala 408-684- kamala(aD-housekeys.org Operations & Application Loving 8364 Coordinator Pre 6 Program Applicant Kathie Wells 408-684- Kathie(a-)_housekeys.org Underwriter Eligibility and 8831 Participant Compliance 7 Program Processor Applicant & Mandy Israde 408-684- mandy(a-)-housekeys.org Participant File 8830 Management 8 Real Estate Project Rehab/Remodel John Ash 408-592- johnC�housekeys.org Manager projects and site 7884 inspection for BMR Units under construction 9 Technology Design and Everett Bobby N/A bobby_(a-),housekeys.org Manager & Implementation Gasper Database Engineer of Data Model, Database & Initial Prototype 10 Analytics Engineer Program Jeron Wong N/A jeron(a)housekeys.org Calculators, Dashboard and Analytics Programs for Internal Reporting 11 Software Engineer Interface and Kunal Bohra N/A kunalC@housekeys.org Integrations 12 Server Server Frank Adams N/A frank housekeys.org Administrator & Capabilities, API Engineer Security, API Engineering, and External Data Sourcing Page 5 of 7 Toll Free: 1-877-460-KEYS (5397) Office (By Appointment) 358 Digital Drive HouseKeys Morgan Hill, CA 95037 Unlock Opportunity Organizational Profile Nyanda & Associates, LLC d/b/a HouseKeys 358 Digital Drive, Morgan Hill, CA 95037 Main Phone Line: 1-877-460-KEYS (5397) Website: www.housekeys.org Email: programs(d-)housekeys.org Primary Contact: Julius Nyanda, CEO/Program Manager julius(a-)-housekeys.org Office Line: 408-684-8202 Cell Phone: 415-846-8004 Note: No claim, lawsuit, or litigation to report The HouseKeys Organization: A Modern Social Enterprise HouseKeys was started in April of 2015 in response to the void left by the wind down of several Silicon Valley nonprofit housing, lending, and counseling service providers. In our 3-year history, HouseKeys has been able to create a sustainable service model through public agency contracts and transaction revenue. As former employees of well -established nonprofit entities that folded after decades of service to the community, the HouseKeys team has reengineered the social enterprise model to ensure long-term sustainability through a combination of economically -conscious measures and market -driven solutions. Our experienced team has collaborated over the last ten years, while at different employers, to complete nearly 1,000 program for -sale transactions and manage hundreds of multi -family units during initial new construction lease -up, annual compliance and tenant turnover. There are entire residential housing projects throughout the Bay Area where one of us has had a role as either an agent, lender, counselor, or developer. The lessons learned from this work have enabled us to build the HouseKeys organization, program marketplace, administration platform, and information management system. In addition to the LLC, the HouseKeys team formed the nonprofit agency, HouseKeys Resource & Education Center Inc. (Tax I.D. 81-2880185) which obtained federal tax-exempt status in the summer of 2017. To facilitate real estate transactions, HouseKeys utilizes its state -licensed brokerage subsidiary, HouseKeys Services Corporation (Cal BRE# 02001942). Our strategic plan calls for an approach that utilizes our position as a service provider, educator, and technology company that can apply for grant dollars, attract equity from social investors, and continually cover operating costs through earned income. Technology & the Program Marketplace In December of 2015, HouseKeys began recruiting an in-house technology team and building a program marketplace and management platform that not only delivers value to our public agency clients, but also has a direct -to -consumer interface that serves a subscriber base of prospective program applicants and current program participants. After testing other database systems, resource planners, and relationship management tools, HouseKeys decided to build its own database -driven Page 6 of 7 Toll Free: 1-877-460-KEYS (5397) Office (By Appointment) 358 Digital Drive Morgan Hill, CA 95037 system, from the ground up, to facilitate program administration activities throughout the housing supply chain and program workflow. Instead of downloading forms and exchanging emails, our users will create a household or entity account and enter an end -to -end program marketplace that houses the direct and 3rd party relationships needed to successfully complete program transactions. Users participate in a streamlined process that reduces paperwork, improves communication, and generates valuable, real-time program data. HouseKeys launched the consumer applicant portal in the Summer of 2018 and is continually integrating new features. Content & Media Library Program awareness is a major concern at HouseKeys. While studies and statistics show that over 70% of households fall within an eligible income category, most of the public is unaware of the housing opportunities made available through local programs. Land Use and Tax Credit Policies are the primary tool used to generate affordable housing, and yet maintaining a pool of eligible and qualified prospective applicants is critical to getting units occupied and attracting funding from financial institutions. Between our illustrations, animated segments, podcasts, and weekly radio show — we strive to reach the public, build interest in the programs, and increase participation. This helps us navigate the low pull -through associated with finding motivated applicants who are both eligible and qualified. Our Team At the core of our capabilities is our close-knit and highly capable team of dedicated practitioners. Each plays a specialized role in providing the expertise needed to design and implement programs, determine household eligibility, manage program transactions, ensure compliance, and manage information. HouseKeys has spent a significant amount of time learning about the defensibility of program contracts through litigation and negotiation activity in cases where program violations occurred. Whether the administrative response required new local laws to be enacted by the public agency, updated contract language or new enforcement policies - our team has consistently been responsive and effective. From 2016 to 2018, we had full-time, in-house counsel on staff, and worked as a team to design our legal strategy to function like an outside collection agency. In 2018, we transitioned from in-house counsel, to keeping attorneys on retainer to deal with cases as they come up. Page 7 of 7 BURL AGENDA NO: 10b STAFF REPORT MEETING DATE: March 16, 2020 To: Honorable Mayor and City Council Date: From: Lisa K. Goldman, City Manager — (650) 558-7243 Subject: Discussion of Representative Jackie Speier's Aviation Legislation and Determination of Next Steps RECOMMENDATION Staff recommends that the City Council discuss Representative Jackie Speier's airport noise legislation, determine whether it wishes to support the bills, and, if so, authorize the drafting of a letter of support. BACKGROUND In late 2019, Representative Speier introduced a suite of bills in the House of Representatives to address airport noise. The bills, which are summarized in the attached press release and matrix, are all now pending in the House Committee on Transportation and Infrastructure. DISCUSSION At the February 18 City Council meeting, Councilmember Ortiz requested that the City Council agendize a discussion of the Speier bills and a resolution in support of the legislation. Councilmember Ortiz serves as the City's representative to the Airport Land Use Committee and has met with Rep. Speier's staff regarding the airport noise issues. Should the City Council choose to support the bills, then the Council can delegate the authority to the Mayor to work with staff to draft a support letter; delegate the authority to a Council subcommittee to undertake this work; or ask that staff draft a letter and bring it back for Council review and approval at a later date. Alternatively, the Council could choose to take no action at this time. FISCAL IMPAC None. Exhibits: Representative Speier press release 2019 aviation legislation 1 3/1012020 Rep. Speier Leads Congressional Effort to Combat Airport Noise, Improve Government Transparency I Press Releases I Congresswoma... PRESS RELEASES (/PRESS -RELEASES) Rep. Speier Leads Congressional Effort to Combat Airport Noise, Improve Government Transparency (/press-releases?lD=2411D5D3- 1394-4C59-9C8C-B2A6F1FB11DB) December 21, 2019 San Mateo, CA - Today, Congresswoman Jackie Speier (D-CA) and Congresswoman Anna Eshoo (D-CA), announced the introduction of five bills to mitigate the scourge of airport noise that plagues communities across the country. Rep. Speier introduced an additional three bills to further address health problems tied to this pernicious form of noise pollution that impacts residents in her congressional district. "The nonstop noise from flights is seriously affecting residents' sleep, mental health, and overall quality of life," Rep. Speier said. "There is a certain expectation for noise when living near an airport, but this crosses a line. Residents who are at their wits' end have used every available public channel to address this issue to no avail. Our legislation would create new pathways for change and improve overall responsiveness by the FAA - a public agency that has a responsibility to be accountable to the people. I appreciate all of the hard work and engagement from residents and local elected officials, as well as my colleagues in Congress, over the past several years. My constituents are long overdue for some peace and quiet.' "Additional congressional action is needed to address the excessive aircraft noise over my Congressional District, and it's why I've joined my Bay Area colleagues to introduce five bills to allow flight curfews; ensure community engagement in FAA flight procedure; make https://speier.house.gov/press-releases?ID=2471 D5D3-1394-4C59-9C8C-B2A6F7FB 11 DB 1 /5 3/10/2020 Rep. Speier Leads Congressional Effort to Combat Airport Noise, Improve Government Transparency I Press Releases I Congresswoma... the FAA responsible for noise pollution; enhance Congressional oversight; and empower local governments," Rep. Eshoo said. "I won't give up on this issue until my constituents are relieved from the racket plaguing our communities" "I have heard from constituents and I have heard the airplanes overhead, and I believe that the current noise levels in many communities on the central coast of California are far too high. That is why I am proud to join Representatives Speier and Eshoo to create new standards around airplane noise that respect the health, safety, and welfare of our communities;' Rep. Panetta said. "These bills are effective solutions to provide the much needed relief for the residents of the Central Coast and people across the country who are affected by airport noise on a daily basis" "Our constituents are exhausted by the intensified airline noise they are experiencing due to the implementation of NextGen," said San Mateo County Supervisor Dave Pine, a longtime member of the San Francisco International Airport (SFO) Community Roundtable and whose district includes SFO. "These bills seek to hold the FAA accountable for the noise and health impacts aircraft have on communities. The proposed voluntary nighttime curfew could provide some relief - and maybe some sleep" "These bills would remove all the roadblocks to progress that have existed for decades. Noise has never been a priority for the FAA. Noise has been magnified in recent years. As aviation continues to evolve, we have to keep in mind those below the aircraft;' said South San Francisco Councilmember Mark Addiego. To combat the bane of airport noise in affected communities, Rep. Speier has introduced the following three bills: • Serious Noise Reduction Efforts Act (SNORE) Act: Establishes a program at San Francisco International_ Airport (SFO) to noise insulate 200+ homes peryear-inspecific areas provide financial support to the cities impacted by noise. • Southbound HUSSH and NIITE Help Households (SHHH) Act: Supports formally initiating and continuing the standard processing of the proposed San Francisco International Airport (SFO) NIITE Departure-Southbound Transition and the Oakland https://speier.house.gov/press-releases?I 3=2471 D5D3-1394-4C59-9C8C-B2A6F7FB 11 DB 2/5 3/10/2020 Rep. Speier Leads Congressional Effort to Combat Airport Noise, Improve Government Transparency I Press Releases I Congresswoma... International Airport (OAK) HUSSH Departure Southbound Transition. • Low -frequency Energetic Acoustics and Vibrations Exasperate (LEAVE) Act: As an airplane leaves from an airport, its takeoff generates significant amounts of ground -based low -frequency noise and vibration impacting residents in the vicinity. The bill would lead to the establishment of standards and remedies related to ground -based noise (GBN). If enacted, the bill would permit a state cause of action for GBN if a state has undertaken a study of GBN at an airport, set a maximum, and the airport then exceeds the maximum, leading to substantial negative impacts on the community. Rep. Speier was joined by Rep. Eshoo and Rep. Jimmy Panetta (CA-20) in the introduction of another five bills that focused on providing new methods to mitigate airport noise, prioritize health impacts of noise, and improve community engagement: • Restore Everyone's Sleep Tonight (REST) Act: Allows airports, at their option, to impose a curfew, under specified circumstances, at any time between 10 p.m. and 7 a.m. • All Participating in Process Reaching Informed Solutions for Everyone (APPRISE) Act: Ensures that community knowledge and input is represented in the FAA flight procedure design process. An aviation roundtable technical representative will be allowed to fully participate in the FAA procedure design process for procedures affecting their communities. • Fairness in Airspace Includes Residents (FAIR) Act: Amends the FAA's prioritization of U.S. airspace use. Safety in managing U.S. airspace would remain the first priority. Secondary priorities would put noise and health impacts to residents and other environmental concerns on an equal basis with efficiency. • Responsive Employees Support Productive Educated Congressional Talk (RESPECT) Act: Requires FAA staff to answer questions submitted in writing by Members of Congress relating to flight procedures or other data affecting their district within 90 days and requires FAA staff to appear at a meeting or town hall with a Member of Congress with 30 days' notice. • Notified Officials to Inform Fully and Impel Educated Decisions (NOTIFIED) Act: If a new or modified flight path is proposed through the FAA Procedure Based Navigation (PBN) https://speier.house.gov/press-releases?ID=2471 D5D3-1394-4C59-9C8C-B2A6F7FB11 DB 3/5 3/10/2020 Rep. Speier Leads Congressional Effort to Combat Airport Noise, Improve Government Transparency I Press Releases I Congresswoma... process, the FAA would be required to notify City Councils, Boards of Supervisors, Members of Congress, and Aviation Roundtables within 5 miles of the flight path in question. One -pagers of the bills are attached to this press release. ... Related Files HR 5105 RESPECT Act one -pager YM.pdf (/?a=Files.Serve&File_id=1F534E75-1805- 46A5-BC1B-26772591830F) (68.0 KBs) HR 5107 SNORE Act one -pager ym.pdf (/?a=Files.Serve&File_id=248E872F-F1AD- 47DC-A4D6-CE56DC8BBC64) (111.9 KBs) HR 5106 REST Act one -pager YN.pdf (/?a=Files.Serve&File_id=1EAFCIFC-DEA1- 4E78-A291-CE845946BE89) (129.5 KBs) HR 5110 APPRISE Act one -pager ym.pdf (/?a=Files.Serve&File_id=04D631C8-8831- 4279-93CB-66656B761C6F) (89.1 KBs) HR 5108 SHHH Act one -pager YMN.pdf (/?a=Files.Serve&File_id=39C07171-A9D6- 4FFC-86EE-D6212A74D009) (99.2 KBs) HR 5109 FAIR Act one -pager ym.pdf (/?a=Files.Serve&File_id=B9636B71-1256-48FC- AF04-C1609DD97227) (75.5 KBs) HR 5111 NOTIFIED Act one -pager ym.pdf (/?a=Files.Serve&File_id=D33DB8F3-5332- 4FF5-9B97-D0EA7981E66A) (38.9 KBs) j HR 5112 LEAVE Act one -pager ym.pdf (/?a=Files.Serve&File_id=2102EDAC-0288- 4CA2-87DA-15AFA6F64371) (19.4 KBs) https://speier.house.gov/press-releases?ID=2471 D5D3-1394-4C59-9C8C-B2A6F7FB11 DB 4/5 3/10/2020 Rep. Speier Leads Congressional Effort to Combat Airport Noise, Improve Government Transparency I Press Releases I Congresswoma... Permalink: https://speier.house.gov/2019/12/reps-speier-leads-congressional-effort- to-combat-airport-noise-improve-government-transparency (https://speier.house.gov/2019/12/reps-speier-leads-congressional-effort-to-combat- airport-noise-improve-government-transparency) https://speier.house.gov/press-releases?ID=2471 D5D3-1394-4C59-9C8C-B2A6F7FB11 DB 5/5 2019 AVIATION LEGISLATION H.R.5106 REST Act REST Act Access restrictions Allows airports, voluntarily, to impose a curfew, under specified circumstances, at any time between 10 pm and 7 am, and permits penalties for curfew violations, with exceptions for Restore Everyone's Sleep emergencies, public safety, and other circumstances. Tonight ____. H.R.5107 SNORE Act SNORE Act Residential Noise Establishes a program at San Francisco International Airport (SFO) to noise insulate 200+ Mitigation homes per year in specific areas or provide financial support to the cities impacted by noise, as defined. Failure to do so would result in penalties Serious Noise Reduction Efforts Act H.R.5110 ------------------ APPRISE Act APPRISE Act Aviation roundtable Ensures that community knowledge and input is represented in the FAA flight procedure technical representative design process. An aviation roundtable technical representative will be allowed to fully to participate in FAA participate in the FAA procedure design process for procedures affecting their communities. flight design process Roundtable technical representatives will participate on the some terms and conditions as representatives from airports, airlines, and procedure proponents. All Participating in Process Reaching Informed Solutions for Everyone H.R.5108 SHHH Act SHHH Act Continuation of the Supports formally initiating and continuing the standard processing of the proposed San processing of MITE & Francisco International Airport (SFO) NIITE Departure Southbound Transition and the HUSSH Nighttime noise Oakland International Airport (OAK) HUSSH Departure Southbound Transition. The FAA abatement flight would provide staffing and support to the SFO Roundtable, would not prohibit the SFO departure procedures. Roundtable from formally initiating the procedures, would permit Roundtable technical representatives to participate on the FAA Procedure Based Noise (PBN) Committees, and Southbound HUSSH & would require the FAA to follow the standard PBN process without gratuitously adding NIITE Help requirements or withholding permissions. Households H.R.5109 F-AIR Act F-AIR Act Directs the FAA to Amends the FAA's prioritization of U.S. airspace use. Safety in managing U.S. airspace develop expanded plans would remain the first priority. Secondary priorities would put noise and health impacts to and policy for use of residents and other environmental concerns on an equal basis with efficiency. It would also airspace. require the FAA to update their Mission Statement to align with the revised airspace priorities. Fairness in Airspace Includes Residents H.R.5105 RESPECT Act RESPECT Act Requires FAA staff to Requires FAA staff to answer questions submitted in writing by Members of Congress answer questions and relating to flight procedures or other data affecting their district within 90 days. It would attend meetings upon also require FAA staff to appear at a meeting or town hall with a Member of Congress with request of a member of 30 days' notice and under the some terms and conditions as specified by the FAA for Congress. appearances at Aviation Roundtables. Responsive Employees Support Productive _Educated _Congressional Talk H.R.5111 NOTIFIED Act NOTIFIED Act If a new or modified flight path is proposed through the FAA Procedure Based Navigation Requires FAA to notify (PBN) process, the FAA would be required to notify City Councils, Boards of Supervisors, public officials of Members of Congress, and Aviation Roundtables within S miles of the flight path in proposed new or modified flight question. Notification shall include the flight procedure name, approximate path, procedures. I approximate altitudes, and other pertinent information. Notify Officials To Inform _Fully & Impel Educated Decisions H.R.5112 —7LEAVE Act LEAVE Act As an airplane leaves from an airport, its takeoff generates significant amounts of ground - based low frequency noise and vibration impacting residents in the vicinity. While A state cause of action measurement, standards, and mitigation of airborne flight noise is well defined, low - for ground -based noise frequency noise and vibration caused by an airplane on the runway at high thrust levels or nuisance is not accelerating for take -off is not yet established. The bill would lead to the establishment of precluded by federal law. standards and remedies related to ground -based noise (GBN). Low frequency Energetic If enacted, the bill would permit a state cause of action for GBN if a state has undertaken a Acoustics and _Vibrations study of GBN at an airport, determined the amount of GBN, and identified a level of Exasperate. substantial negative impact and any diminution in real property values caused by such GBN. Before a cause of action would be permissible: a. the state must complete a study of ground -based noise at the airport in question b. the state must set a limit for ground -based noise emanating from the airport c. the airport would have to be shown to have exceeded that limit To Date: From STAFF REPORT Honorable Mayor and City Council March 16, 2020 AGENDA NO: 10c MEETING DATE: March 16, 2020 Kathleen Kane, City Attorney — (650) 558-7204 Meaghan Hassel -Shearer, City Clerk — (650) 558-7203 Subject: Adoption of a Resolution Declaring the City Council's Intent to Transition from At -Large to By -District Councilmember Elections and Authorizing a Settlement/Tolling Agreement with Potential Plaintiffs RECOMMENDATION Staff recommends that the City Council adopt a resolution declaring its intent to transition to by - district Councilmember elections. The attached draft resolution: - Declares the City Council's intent to make the transition to by -district elections before the next scheduled City Council election, scheduled for November 2022. - Expresses the City Council's intent to review and analyze 2020 Census data, anticipated to arrive in early 2021, before approving any proposed districts. - Authorizes and directs the City Attorney to negotiate and execute a tolling agreement with Shenkman & Hughes to protect the City from California Voting Rights Action litigation during the transition. - Authorizes and directs the City Manager and City Attorney to pursue the hiring of a demographer and any other consultants necessary to assist in the transition. - Directs that adequate funds be allocated to cover costs of the demographer and other expert assistance necessary to effectuate this direction. BACKGROUND On January 17, 2020, the City of Burlingame received a letter from Kevin Shenkman, of the law firm Shenkman & Hughes, alleging that the City's current at -large election system violates the California Voting Rights Act of 2001 (CVRA). Mr. Shenkman alleges that the City's current voting system has "dilute[d] the ability of Asians... to elect candidates of their choice or otherwise influence the outcome of the City's council elections." This argument is based primarily on the fact that while Asian -Americans comprise around 20% of the City's population, an Asian -American has never been elected to the City Council. The population data used is based on the 2010 census. The letter received by Burlingame is one of dozens of similar letters received by cities across the state, alleging violations of the CVRA due to the fact that minorities who comprise a meaningful amount of the population have not been elected to public office. Mr. Shenkman urges each City to 1 District Elections Resolution of Intent March 16, 2020 consider the use of by -district elections to cure the violation. The letters also make clear that if a City does not declare its intent to do so, a lawsuit under the CVRA will follow. The Council met in closed session on March 2, 2020, to consider the letter and the various options available to the City. The resolution presented here reflects Council's determination at that meeting to transition to by -district elections. ANALYSIS AND DISCUSSION The City utilizes an at -large Councilmember election, meaning that voters from the entire population of the City choose to elect each candidate to represent the City as a whole. A by -district- election system would instead divide the City into separate geographical districts, with each district electing a single council candidate who resides within its boundary.1 Mr. Shenkman's letter claims that Burlingame's at -large election has led to the underrepresentation of a recognized minority group that comprises roughly 1/5 of the City's population, and therefore is a violation of the CVRA. While there are many other reasons that could have led to this statistical underrepresentation, recent CVRA litigation suggests that Mr. Shenkman's argument against the City would have a very high likelihood of success in court. The CVRA, which was passed in 2002, prohibits at -large elections when it can be shown that they impair the ability of a protected class to elect candidates of their choice or to influence elections in a significant way. The law was passed in part due to a lack of success by plaintiffs utilizing the CVRA's federal counterpart, the Federal Voting Rights Act, to challenge at -large election systems through federal law. Under the CVRA, plaintiffs need only show that "racially polarized voting" exists in the jurisdiction; they do not need to show any intent of voters or City officials to discriminate against the underrepresented class. They also do not need to prove that changing to district elections would increase representation on the elected body in question. In Burlingame, the 2010 Census data does show that approximately 1/5 of the City's population is Asian -American, which is a recognized protected class. Further, it is undisputed that no individual identifying as Asian -American has ever served on the City Council. It is only statistical significance, and not intent, that needs to be shown to prove a violation of the CVRA. Several cities across California have chosen to fight alleged violations of the CVRA. To date, no municipality has been successful. Instead, these cities have been forced to switch to a by -district Councilmember election and have been ordered to pay attorney's fees and costs to the plaintiff for the cost of litigation. In certain instances, including a week-long trial against the City of Palmdale and a seven week trial against the City of Santa Monica, these costs have totaled millions of dollars. In Santa Monica, the total legal cost is estimated to be well over $20 million, and is growing still after Santa Monica filed an appeal. Generally, cities who choose to fight can expect a settlement value starting in the low seven figures for early capitulation and rising from there. These figures are in addition to the City's own defense and expert costs, which can be considerable. 1 The City may decide to create five districts for the existing five Council seats. As part of the transition process, the City could also consider creation of a direct -elected Mayor position elected at large and/or change the number of district Council seats. District Elections Resolution of Intent March 16, 2020 For those cities that choose to transition to by -district elections in response to a letter, the CVRA provides a limited safe -harbor from litigation. The statute provides a 90-day period in which to declare the intent to transition, hold several public hearings, and approve district maps. The City does not have a Councilmember election until November 2022. Furthermore, we are currently in the midst of the new 2020 Federal Census, which will provide superior information to the ten -year -old data we currently have for identifying district boundaries. To best establish fair districts, staff recommends that we delay final publication of our district map until after census results are available, which staff believes will be in early 2021. However, staff recommends that we take all other steps possible towards the transition until those results are received. To ensure we are still protected during this waiting period, staff further recommends that the Council authorize the City Attorney to negotiate and execute a settlement/tolling agreement with Mr. Shenkman to protect the City from litigation from his firm during the transition. Mr. Shenkman has already expressed his willingness to enter into such an agreement should the City adequately convey its intent to transition to a by -district election system. FISCAL IMPACT If the proposed Resolution is approved by Council, there will still be significant costs required throughout the transition process. This would include the cost of staff time for the legally required five public hearings regarding the districts, as well as the cost of a demographer and potentially an elections consultant or outside counsel. The City will also be required to reimburse Shenkman & Hughes for documented attorney's fees and costs, up to the statutorily allowed maximum of $30,000. If the City Council chooses to maintain at -large elections, the cost of litigation is difficult to estimate but is likely to be in the seven- to eight -figure range. Exhibit: Proposed Resolution 3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME DECLARING ITS INTENT TO TRANSITION FROM AN AT -LARGE TO A BY - DISTRICT COUNCILMEMBER ELECTION SYSTEM WHEREAS, the City Council is currently elected through an at -large election, in which each Councilmember is elected by the entire voting population of the city; and WHEREAS, pursuant to California Government Code Section 34886, the City Council may adopt an ordinance to change its election system to a by -district based election system, in which each Councilmember represents a single district, and where only voters from that district participate in their election; and WHEREAS, the City received a letter from Shenkman & Hughes on January 17, 2020, alleging that Burlingame's at -large election based system violated the California Voting Rights Act (CVRA) by creating racially polarized voting in City elections, and threatening litigation if the City does not voluntarily transition to by -district elections; and WHEREAS, a pattern of racially polarized voting has been alleged through underrepresentation of a protected class of individuals, even if no malicious intent has been shown on the part of City officials or the electorate; and WHEREAS, the 2010 Federal Census states that 20.3% of the population of Burlingame is Asian, which is a recognized protected class; and WHEREAS, no Asian -American has ever served on the Council for the City of Burlingame; and WHEREAS, the City Council believes that all City elections have been legal, and that each election has been conducted in a fair manner in an attempt to best represent the City's voters; and WHEREAS, despite that belief, and in an effort to strive for equity while avoiding the extraordinary cost of litigation, the City Council has concluded that the transition to by -district elections is in the public's interest; and WHEREAS, California Elections Code Section 10010 provides a method where a jurisdiction may voluntarily change to by -district elections to avoid the cost of CVRA litigation through a resolution declaring its intent to do so; and WHEREAS, by law this resolution must include specific steps it will take to make this transition, as well as the time frame it will take to do so; and WHEREAS, prior to the adoption of an ordinance setting boundaries for a by -district election, Elections Code Section 10010 requires each of the following: 1. Prior to drawing a draft map or maps of the proposed boundaries of the districts, the City shall hold at least two (2) public hearings over a period of no more than thirty (30) days, at which the public will be invited to provide input regarding the composition of the districts; 2. After all draft maps are drawn, City shall publish and make available for release at least one draft map and, if members of the City Council will be elected in their districts at different times to provide for staggered terms of office, the potential sequence of the elections shall also be published. The City Council shall also hold at least two (2) additional hearings over a period of no more than forty-five (45) days, at which the public shall be invited to provide input regarding the content of the draft map or maps and the proposed sequence of elections, if applicable. The first version of a draft map shall be published at least seven (7) days before consideration at a hearing. If a draft map is revised at or following a hearing, it shall be published and made available to the public for at least seven (7) days before being adopted; and WHEREAS, the City of Burlingame wishes to expeditiously make the transition to by - district elections; and WHEREAS, the City wants to balance this transition with the need to protect the electorate by waiting for the most accurate census data, currently scheduled to be released in early 2021; and WHEREAS, if the City were to rely on 2010 census data to create districts for this rapidly - growing region, those districts may not accurately represent protected classes during the next election; and WHEREAS, the next scheduled election for the City Council is November 2022, allowing over a full year between the scheduled release of census data and the City's next scheduled election; and WHEREAS, a tolling/settlement agreement may be negotiated between Shenkman & Hughes on behalf of their clients that could provide protection from CVRA litigation from that plaintiff group while the City undergoes the transition but waits for 2020 census data; and WHEREAS, the adoption of a district -based elections system will not affect the terms of any sitting councilmember, each of whom will serve out his or her current term. NOW, THEREFORE, BE IT RESOLVED, that: 1. The City Council resolves to pursue adoption of an ordinance to transition to a district -based election system, as authorized by Government Code Section 34886, for use in the City's next election for City Councilmembers in November 2022, and all elections following. 2. The City Council will review 2020 Federal Census data to ensure districts are drawn fairly and equitably to ensure an accurate representation of all demographics in the electorate before finalizing any district boundaries. 3. The City Council directs staff to engage a demographer, and any other consultants necessary, to provide a detailed analysis of the City's current demographics and any other information or data necessary to prepare a draft map that divides the City into voting districts in a manner consistent with the intent and purpose of the California Voting Rights Act and the Federal Voting Rights Act. 4. The City Council directs the City Attorney to negotiate and execute a tolling/settlement agreement with Shenkman & Hughes on behalf of their clients to protect the City from CVRA litigation during this transition. 5. The City Council directs staff to begin an informal public outreach process prior to the new Census data's release. This shall include, at minimum, a public meeting and communications through such mechanisms as the City's a -news and social media sites soliciting input on identifying communities of interest within the city and existing physical and social boundaries that should be considered in the creation of districts. 6. The City Council further directs that before February 1, 2021 and prior to the development of a proposed map, the Council shall hold at least one formal public hearing regarding composition of electoral districts; that prior to March 1, 2021, the Council shall hold a second public hearing on the composition of electoral districts without a proposed map; that following these hearings and the preparation of proposed maps, the maps shall be posted along with any proposed sequence for elections at least seven days prior to the Council's hearing on the maps; that the Council then hold a public hearing on the draft maps; that following that hearing, any amended maps and proposed sequence of elections be posted at least seven days prior to the next hearing; that the Council then hold a fourth public hearing at which it selects a map and introduces an ordinance establishing district elections, including district boundaries and election sequence (if selected map is amended, it must be posted for seven days prior to the ordinance's introduction); that the Council then hold a fifth public hearing at which the ordinance is adopted. 7. The City Council directs staff to post updated information, dates and times of meetings, and ways for the public to communicate about the transition to district elections on the City's website, and to take all other reasonable steps to inform and engage the public in this transition. Emily Beach, 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 16th day of March, 2020, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Meaghan Hassel -Shearer, City Clerk To: Date From: STAFF REPORT Honorable Mayor and City Council March 16, 2020 AGENDA ITEM NO: MEETING DATE: Kevin Gardiner, Community Development Director Joseph Sanfilippo, Economic Development and Housing Specialist Subject: Housing Element Annual Progress Housing Element of the General Plan RECOMMENDATION 10d March 16, 2020 Report (APR) on the Implementation of the Staff recommends that the City Council, by motion, accept the 2019 Housing Element Annual Progress Report and authorize its transmittal to the California Governor's Office of Planning and Research (OPR) and the California Department of Housing and Community Development (HCD). BACKGROUND California requires each jurisdiction to prepare a Housing Element as part of its General Plan in order to ensure that all jurisdictions are planning for the projected housing demand throughout California. Unlike other elements of a General Plan, the Housing Element must be updated by deadlines set by the State. The process begins with the State advising a region of its Regional Housing Needs Allocation (RHNA), which is the estimated number of housing units that will be needed over the planning period (usually eight years). This allocation is further subdivided among four household income categories: very -low, low, moderate, and above moderate. Affordable housing income limits are determined by the U.S. Department of Housing and Urban Development (HUD) and are adjusted for family size, as detailed in the table below (California - effective 5/21 /19). County Income Category Number of Persons in Household 1 2 3 4 1 5 6 7 8 San Mateo Extremely Low (30% AMI) 33,850 38,700 43,550 48,350 52,250 56,100 60,000 63,850 County 4-Person Area Median Very Low (50% AMI) 56,450 64,500 72,550 80,600 87,050 93,500 99,950 106,400 Low (80% AMI) 90,450 103,350 116,250 129,150 139,500 149,850 160,150 170,500 Income (AMI): $136,800 Median (100%AMI) 95,750 109,450 123,100 136,800 147,750 158,700 169,650 180,600 Moderate (120% AMI) 1 114,9001 131,3001 147,7501 164,150 177,300 i 190,4001 203,5501 216,700 The Association of Bay Area Governments (ABAG) is responsible for the public process by which this regional allocation is apportioned to each jurisdiction within its boundaries. In addition to demonstrating how the allocated number of units can be produced, policies in a Housing Element must also: 1) Address the removal of governmental barriers to housing production; 2) Ensure the jurisdiction's housing stock is maintained; and 3) Ensure that housing is available to all types of persons on an equitable basis. Housing Element Annual Progress Report March 16, 2020 DISCUSSION The City of Burlingame's Housing Element update was adopted in January 2015. The City is currently starting the fifth year of the 2015-2023 planning period. Burlingame's RHNA allocation for this cycle is 863 units. Annual Report California Government Code Section 65400 requires that an Annual Progress Report ("APR") be prepared on the status and progress of implementation of the Housing Element and be submitted to the City Council, the State Office of Planning and Research (OPR), and the California Department of Housing and Community Development (HCD) by April 1 st of each year. There is no similar requirement for the other Elements of the General Plan. Additionally, the APR has to be prepared in accordance with the provisions set forth by HCD and on the forms provided by HCD (attached). Staff notes that the forms provided by HCD were substantially changed in 2018 as a result of APR requirements pursuant to Chapter 374 Statutes of 2017 (Assembly Bill 879) and Chapter 366 Statutes of 2017 (Senate Bill 35). The APR includes reporting of the number of building permits issued for only (net) new housing units during a calendar year. In addition, the reporting includes housing development applications submitted, building permit activity for new construction (including replacement housing- i.e., demo/reconstruction of SFD), completed units and entitlements, as well as the building permits issued for net new housing units. The APR requires the reporting for the number of building permits issued for net new units to include the site addresses, project names, and assessor parcel numbers (APN). The Housing Element APR includes information about housing production since the start of the planning period in 2015, including: • Information on the types of housing units that were issued building permits; • Information on the City's progress in meeting its regional housing needs allocation; and • Progress report on implementation of Housing Element programs. Tables A and A2 provide a summary of all planning and building permit activity on net new housing. In summary, 285 units were entitled (planning approvals), and building permits for 10 net new units were issued in (calendar year) 2019. The added 10 units from building permits issued in 2019 brings the total count to 461 units for this cycle of the RHNA allocation, which is 863 units (2015-2023 cycle). In addition, as indicated on Table A, the Planning Commission and City Council have approved several projects totaling 285 units during 2019; these projects have been entitled, but permits have not yet been issued. These units will be added to the RHNA progress report for permit issuance and count toward meeting the RHNA allocation once the building permits for construction are issued. In addition, per Table A, there are multiple projects that were submitted for entitlements and are still currently under review, but have not yet been acted on by the Planning Commission. These "in progress" applications include 412 new units, in addition to the 285 units that have already been entitled. Burlingame's progress in meeting its RHNA targets for this housing cycle (2015-2023) is summarized as follows: 2 Housing Element Annual Progress Report March 16, 2020 Income Level RHNA Units Constructed % of RHNA Goal Extremely Low 138 0 0 Very Low 138 0 0 Low 144 0 0 Moderate 155 29 18.7% Above Moderate 288 432 150% Total: 863 461 53.6% These reports are informational only and do not change adopted policies or authorize any action or expenditure of funds. These reports are being prepared in compliance with California Government Code Section 65400; once the Council has acknowledged that the Housing Element Annual Progress Reports have been provided for review, staff will forward the reports to HCD and OPR. FISCAL IMPACT None. Exhibits: • Housing Element Annual Progress Report — calendar year 2019 • Residential Applications Overview — March 2020 3 ANNUAL ELEMENT PROGRESS REPORT FN.W. "I meho.tes .. optional field Repbrfirg Year 2019 (J I - D 31) Housing Element Implementation lcot wy (CCR Title 25 §6202) Table A Housing Development Applications submitted Project Identifier Unit Types Date Application Submitted Proposed Units -Affordability by Household Incomes Total Approved by Project Total DisapprovedUnits Units by Project Streamlining Notes 3 4 5 6 7 -7 8 9 118 Pn,, APN' C P� Street Add—, P-1— N* local Judsdctlo tracking ur' I Te1� •0.0.— D nbul V�,, L".1- Restricted.. V-1 "d R-Wied L N D-d! R-16ctbd L-1— 1—Deed R4'd Moderate- ,b , .0 1— �.n Fee,M-W Ab v., , I_ o_Un 71", TbIAPROPOSED� 11bil 1, 17 T APz". Total , VED 77, \77"T 77" '777777 77, Was APPLICATION SUBMITTED C (SB 35 17 ",7_ , '7,\�7 117, 7, Not-, I U. t, by NoJ-1 Cari Be, Overwritten) by P'.J.. Summer R... st tt Dala E,,t,V Belo e ele "I 029132120 029132110 6 95'1 Ca`o Drive Dr-R Drive 1/4/2019 24 24 No Under review_ t take &B.E. 200-11-1 (I Ad._ Ct) & 2004- 6 (45 Adrian CO 1 & 45 Ad-n Court I Ad— Court 1 Adrian Court 5+ R 111112011 227 265 2o5 0 No 25161110 1 Elcamino 1 11. Gmnw 1 — 11 Cam Real 5. 0 11 6 54 60 No Under review, no action tLk! 18M Og— D, .a N 5+ 0 7019 6 120 ,126 No Under review, no action take 737 11— Avewe 737 L, A—. -Logan Avenge 21.4 0 Sit 212019 4 4 4 0 No .1 .1 . IN— .1 n. 5+ R —,e 26 26 No Under review, no action take 1.7..— 07.19—... 1870 El .. Reai 5+ R 10/15/2019, 17 1 152 i69 No Under review, no action take 25242420 4 M.Ww L 4 ..d.— ADU R 019 1 1 1 0 No 28285050 t52o Raman Avenue 12o "-, A-- ADU R 1019 1 0 No 29024070 1012 M.d A—. ADU R 2-19 1 1 1 a No 2st.1. 112—Avenge ADU R 2-1s 1 7 No Under review, no action take 111422. — Gd—, ..r. _ -.—A— ADU R —is 1 1 No Under review no action take 29273220 120 Nomfield Ram 12. goo«oea awe ADU R 3212a019 1 0 N 28132230 MvmmWnw — A—. ADU R .11 1 1 1 No 29=30 11. 11 . Edo..—.1 — ADLJ, R 1 1 1 6 No 1 29301120 4o0 P. 40o P A— ADU R —,a I 1 1 0 No 281412M 772 wmm _772wm. ADU R 411-1a 1 1 1 0 No .1 1 A-- ADU R 41511sla 1 1 1 0 No 29251090 215 A.Wel RJ 21-r—A— ADU R 11 0 No 28285080 Is. — A- 1.2 — A— ADU R 1 1 0 No 27195070 2111 EaaM Px I'll e.— ane ADU R 1 1 0 No 26251280 - —n A— a1c L, A—. ADU R 7-1. 1 11 0 No 27051120 147 LomaLo— ADU R -2.19 1 1 11 0, No 28291090 11. Bowem A—. 1— ..— Av.n.. ADU R .11.19 7 <1 ao Under review, no action take 122s Pabme Ave 1229--e — R ±Lo Approved in 2020 21. ;.�l 11—y— ILJ R 'v2d2222 %A',pr;v.d —2. 71a U R No . 22 1.20 —1-9 1 7 La Aga. Dave ADU I R. 1_0111 NolApproved in 2020 wrcakn� ``s'rnun,.„ ANNUAL ELEMENT PROGRESS REPORT na.. •.-neka...��n�a n.0 Housing Element Implementation (OCR TdIe 25 §6202) TOW At - pod "t Aim is awe is au o-popu a e once you enter your turfs is ion name an curren year as. as Jurisdiction Burlingame ANNUAL ELEMENT PROGRESS REPORT year information comes from previous APRs. Reporting Year: 2019 (Jan, 1 - Dec. 31) Housing Element Implementation Please contact HCD if your data is different than the material supplied here (CCR Title 25 §6202) Table B Regional Housing Needs Allocation Progress Permitted Units Issued by Affordability 1 2 3 4 Income Level RHNA Allocation by Income Level 2015 2016 2017 2018 2019 2020 2021 2022 2023 Total Units to Date (all years) Tot t R alning RHNA by Income Ln�M Very Low Deed Restricted Non -Deed Restricted 276 1]6 Low Deed Restricted Non -Deed Restricted 144 144 Moderate Deed Restricted 155 29 29 126 Non -Deed Restricted Above Moderate 288 5 133 13 271 10 432 Total RHNA 863 Total Units 5 133 13 300 10 461 546 Note: units serving extremely low-income households are included in the very low-income permitted units totals Cells in grey contain auto -calculation formulas Junatllctlon E�rlingame Reporting Year 2019 IJ— i - Dec. 31; ANNUAL ELEMENT PROGRESS REPORT Na.:-.- I.dlcates an optional Reid lli Housing Element Implementation Cein prey cortain aWo<alcWation fmmWas (CCR Title 25 §6202) Table C Sites Identified of Rezoned to Accommodate She all Housing Need Project Id.nlllier Date of Rezone RHNA Shortfall by Household Income Category Type of Shortfall Sites Description 1 2 ] 4 5 S ] s 9 10 11 APN Street Address project Name' Local Judsdictlon Trading V Date of Rezone Very Low-IMorne Low -Dome ModerateJncome Above Moderete• inconre e o Typf Shonhill P cei Slze tAcrea) General Plan Deslgnation Zoning Minimum D-'hy agow.d Maaimum Deosily Allowed Realistic Capacity V`ManllNonvacant D scnptl t EsWing Uses ' Summary Row: Stan Data Entry Below Norir. ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation (CCR Title 25 §6202) Jurisdiction Burlingame Reporting Year 2019 (Jan. 1 - Dec. 31) Table D Program Implementation Status pursuant to GC Section 65583 Housing Programs Progress Report Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element. 1" \ \ ` 1� 2 3.,o. ,....,,_ 4 �. Name of Programj Objective Timeframe in H.�E Status of Program Im lementation .^ �\ Program H(A-1) - Maintenance of public facilities projects include the following: new Washington Park Maintenance of Public playground/new bar course on the Bayfront/new roundabout at California Drive and Facilities. Lorton Avenue. In residential neighborhoods continue the maintenance and enhancement of public facilities such as streets, Continue maintenance programs for public Ongoing water supply and drainage facilities. by allocations from the general fund, gas tax revenue and, where appropriate, conditions of development. Program H(A-2) - Housing Rehabilitation. Through the City's Code Enforcement Program, continue the program of contacting owners of structures that appear to be overcrowded, declining or in need of repair. Refer property owners to the Rehabilitation Rehabilitate 20 housing units. Ongoing Code enforcement staff is aware of this program and refers property owners as needed. To date we have not have any cases/properties that would require such a Loan Program administered referral. by San Mateo County to assist qualified homeowners in making necessary repairs to structures in need of rehabilitation. Housing Programs Progress Report Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element. 1 2 3 4 Name of Program Objective Timeframe in H.E Status of Program Implementation Within 1 year of adoption of The City is still working on implementing this program, however, building permit fees Housing Element are significantly reduced for non-profit rehabilitation programs such as Christmas in April and Rebuilding Together. The City Building Official is exploring options implemented by other cities. Program H(A-3) - Allow fee waivers for affordable rehabilitation. Consider amendment to the Master Fee Schedule to allow for waiver of permit fees for rehabilitation of affordable housing achieved through San Mateo County programs, through non- profit agencies or through other means, including Federal Programs and to provide incentives for Rehabilitate 75 affordable units. property owners to maintain their properties. The City continues to preserve rental housing stock with the implementation of Chapter 26.32 of the subdivision ordinance. Program H(A-4) - Discourage condominium conversions. Maintain the existing zoning controls which prohibit conversion of residential rental projects with fewer than 21 units to condominiums, and which contain strict regulations prohibiting conversion of less than 21 units to condominiums. No conversion of existing rental stock to condominiums. Ongoing Housing Programs Progress Report Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element. 4 @I, `�@���Name of Program Objective @A`,v, Tim@frame in H.E Status of Pro ram lin lementatiori., Program H(A-5) - Prevent Retain existing housing stock. Within 1 year of adoption of The City is with SB-330, disallowing residential units to be removed without conversion of residential Housing Element replacement. units to non-residential use. Amend zoning code to require a conditional use permit for any project where residential units are proposed to be replaced by non-residential use. Utilize funds to assist 20 units to achieve Ongoing The City will encourage use of available programs administered by San Mateo County long term affordability. to ensure affordability of existing units. The City has been investigating Joint Powers and Housting Trust models for acquiring residential units to preserve affordability. Program H(A-6)- Ensure affordability of existing units. Continue the relationship with the County of San Mateo Department of Housing for administration of Block Grant funds for housing programs; encourage use of available programs (such as HOME) to assist non-profit housing corporations in acquiring, rehabilitating and managing apartment units for long-term affordability. Program H(A-7) - Determine Continue assistance to potential home Ongoing Planning and Building Division staff regularly assists potential buyers and realtors in code compliance, structural buyers. locating records to determine the permit history of a property prior to purchase. deficiencies of existing residences upon sale. Continue program that assists in research of residential records upon the request of realtors or potential home buyers Housing Programs Progress Report Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element. q 2 3 4 Name of Program Objective ,,,, „Timeframe inH.E Status of Program Implementation Program H(A-8) - Process 250 applications for residential Ongoing Proposals for new single family dwellings, duplexes and multifamily dwellings are Residential design review. design review. subject to the Design Review process before Planning Commission approval. There Continue implementation of were over 30 applications submitted for net new unit Design Review in 2019. residential design review and zoning regulations including setbacks, floor area ratio, declining height; continue implementation of single family design review guidelines adopted in 1998. Program H(B-1) - Public awareness of anti- discrimination laws and policies. Continue to fund the Code Enforcement Officer position and coordination with Community Development Department code enforcement activities; provide information handouts; inform the public and local realtors about equal housing laws and recourse available in case of violations; refer complaints to California Department of Fair Employment and Housing; refer complaints regarding discrimination to La Raza Central Legal, a nonprofit community law center which works with local tenants to resolve landlord/tenant issues. Information will be posted and available at public locations, such as City Hall, the library and the recreation center. Housing Programs Progress Report Dgrams including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in' ;., S� eiem b'ective "'Timeframe in HE Continue referral activities through Code Ongoing Information is provided and referrals are made to assist the public with issues Enforcement Program. regarding fair housing laws. In addition the City, in conjunction with the County of San Mateo Home for All initiative, has held three (3) community engagement activities to publicize housing resources and get public input on housing needs in Burlingame. Significant outreach efforts have been made for this workshop to include all sectors of the Burlingame community. Housing Programs Progress Report Describe progress of all programs including local efforts to remove governmental constraints to the maintenance improvement, and development of housing as identified in the housing element- 1 2 3 4 Name of Program Objective Timeframe in WE , .. ,,w, @oa\; ,,v° Status of Program lm lementation Program Hi,B-2) - Provide information regarding housing to Information regarding housing services available for person with disabilities is provided Implement an outreach families of persons with developmental by the City during Building workshops and by staff on specific projects where this program for persons with disabilities. situation applies. The City, in conjunction with the County of San Mateo Home for All disabilities. initiative, has held three (3) community engagement meetings plus several outreach Work with agencies such as activities to publicize housing resources and get public input on housing needs in the Golden Gate Regional Burlingame. There has been significant outreach to multiple organizations, including Center, a state -funded organizations representing persons with disabilities. nonprofit organization serving individuals with developmental disabilities in Marin, San Francisco and San Mateo counties, InnVision Shelter Network, CALL Primrose, and Center for Independence of Individuals with Disabilities to implement an outreach program that informs families in Burlingame about housing and services available for persons with disabilities. The program could include the development of an informational brochure, providing information on services on the City's website, and providing housing- related training for Develop outreach material individuals/families through within 2 years of HE workshops. adoptions Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element. 2 3 4 Name of Program Objective Timefrarne in H.E Status of Program Implementation Program H(B-3) - Promote attractive rental opportunities. Ongoing When reviewing multifamily projects staff and the Planning Commission request that Community amenities for the developer provide additional amenities for the residents; this is an ongoing request rentals. Encourage the from both the Planning Commission and City Council as well. Planning staff has seen inclusion of communal an increase in submittals that include outdoor living rooms with water features, firepits, amenities in new rental barbeque areas, bocce ball courts, community rooms and gyms. developments (i.e. community rooms, play structures, laundry facilities) where feasible and provision of which does not impair achievement of maximum densities or the financial feasibility of developing housing affordable to lower -income hni mphnirig Program H(C-1) - Refer Provide information and housing Ongoing The City has a Housing page to provide referrals and housing applications within the eligible employees to assistance with eligible employees County. The City promotes the first time home buyer workshops presented by HEART housing assistance of San Mateo County and includes information in the City newsletter. Staff posts home - programs. sharing flyers offered through HIP Housing in breakrooms for employees. Train staff about current opportunities; make available brochures and contact information to eligible residents who inquire about availability of programs. Refer eligible residents to CDBG programs administered by the County Office of Housing and Community Development. Housing Programs Progress Report Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element. 1 2 3 4 Name of Program Objective TimefraFne in HE Status of Program Irn lementation'r,g",��,�' Program H(C-2) - Provide Within 1 year of HE incentives for developers to Provide 75 new affordable units adoption The Density Bonus Ordinance was amended and adopted in January 2015 and include affordable units in Provide 50 percent of affordable units at includes items new residential projects. Low- income levels. #14 . Action #5 is addressed through residential impact fees adopted in 2019, 1. Amend the Inclusionary allowing in -lieu fees if affordable units are not provided. The City updated its zoning Housing Ordinance to code in the North Burlingame Mixed Use and North Rollins Road Mixed Use areas that comply with local and state offer density bonuses and greater height allowance for projects incorporating legislative requirements. affordable units. In 2019, the City of Burlingame issued building permits for 12 above- 2. Amend the Inclusionary moderate income units. Housing Ordinance or adopt a Density Bonus Ordinance to accommodate a Low - Income component of required affordable housing. 3. Amend the Inclusionary Housing Ordinance or adopt a Density Bonus Ordinance to encourage smaller unit sizes (i.e. studio, SROs, one- and two -bedroom units). 4. Amend the Inclusionary Housing Ordinance or adopt a Density Bonus Ordinance to extend the affordability time restrictions on subsidized housing. 5. Amend the zoning code to provide incentives to developers who provide additional affordable units Housing Programs Progress Report Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element. 1 2 3 4 Name of Program ,,, , Objective Timeframe in HE „m„ \ " ,u ' "a\0' \\r• S\ Status of; Iro ram Implementation Provide 50 new housing units in the Ongoing Commercial (linkage) impact fees were adopted by the City Council on July 3, 2017 as vicinity of public agency workplaces and follows: commercial centers. - $7 SF — retail - $12 SF — hotel - $18 SF — office < 50,000 SF Program H(C-3) - Consider - $25 SF — office > 50,000 SF adoption of a commercial - Discounts apply for projects utilizing prevailing wages. impact in -lieu fee. Consider adopting a commercial in -lieu fee that would require developers of employment -generating commercial and industrial developments to contribute to the supply of low- and moderate -income housing through the provision of commercial in -lieu fees as prescribed in a nexus impact fee study. Program H(C-5) - Provide 50 new housing units in the The City approved workforce housing on City Parking Lots F & N (downtown) on Encourage public agency vicinity of public agency workplaces and December 11, 2018 for a total of 132 units. Construction has commenced on a portion partnerships to provide commercial centers. of this project. housing, reduce commute time, and facilitate retention of groups like teachers, public employees, hospital and service sector workers. Contact public agencies to encourage them to include a provision for housing in any facility expansion plans; disseminate information about available CDBG funded programs. Ongoin Housing Programs Progress Report Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element. 1 2 3 4 Name of Program Objective Timeframe in H.E Status of Prb ram: " lementation,�,n Program H(D-1) - Increase Ongoing The City is currently coordinating with the Peninsula Health Care District on planning affordability for elderly Provide 30 affordable units for the elderly. for the Peninsula Wellness Community Master Plan which will include a variety of households. Increase number of Section 8 units for senior housing options, including hospice care, assisted and independent living a. Continue to implement elderly by facilities. the second unit amnesty 5 units. program to allow creation of Continue public education efforts. The City will revise the accessory dwelling unit (ADU) regulations in 2020 to comply accessible secondary units with State requirements which are intended to facilitate the construction of affordable for the elderly; accessory dwelling units including units suitable for the elderly. City staff has created a b. Continue to allow upon user friendly ADU handout to help residents understand the regulations to further request curbside disabled streamline the ADU standards, in compliance with newly updated State requirements. accessible parking spaces The City issued building permits for 12 ADUs. in single family neighborhoods. c. The City contributes funding to HIP Housing to support homesharing for seniors. Coordinate with San Mateo County Housing Code Section 25.63.020(c)(3) of the zoning code provides a twenty (20) percent Authority to increase the density bonus for a development of five (5) or more dwelling units for senior housing number of Section 8 units developments. for Burlingame's elderly population. d. Continue updating and distributing Wdely to local residents the Senior Resources Handbook: An Informational Guide for Burlingame Senior Citizens, Their Families and Caregivers. e. Continue to provide incentives for new senior housing by maintaining the Housing Programs Progress Report Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element. 1 2 3 4 Name of Program Objective :';. Timeframe in H.E ,, Status of Program Im lementation Program H(D-2) - Improve Facilitate use of County assistance and Planning and Building Division staff is versed in the reasonable accommodations livability of housing units for staff work with residents to modify 10 Ongoing ordinance (Code Section 25.66) and works with applicants to utilize this section of the disabled population. existing housing units to accommodate code. In addition, Public Works staff assists residents requesting disabled curb a. Implement the adopted disabled. parking in residential areas as necessary. Reasonable Accommodations Ordinance, which provides individuals with disabilities reasonable accommodation in rules, policies, practices and procedures that may be necessary to ensure equal access to housing by providing a process for individuals with disabilities to make requests for reasonable accommodation in regard to relief from the various land use, zoning, or building laws, rules, policies, practices and/or procedures of the City. This policy offers a process to modify certain development standards, such as lot coverage and setback requirements for ramps and landings added to residences and group homes in order to provide access for the disabled. Housing Programs Progress Report Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element. 1 2 3 4 Name of Program p Objective Timeframe in H.E . � ,� , �� : ,,�� Status of Program Implementation Program H(D-3) - Add Increase by 5 the number of Section 8 Ongoing Staff is aware of HIP Housing programs and refers interested parties to HIP. In affordable housing units for units for single parent households. addition, the single -parent households. Train staff and refer single parent City's newsletter also provides information on HIP's home share program, and Continue to assign staff to households to shared housing program, information is listed on a web page dedicated to housing resources on the City's carry out the following IHN or other local providers website as well as to City employees with advertisements in the break room. actions: a. Work with the County Housing Authority to increase the number of Section 8 certificates for single -parent families. b. Work with the Human Investment Project for Housing (HIP), a non-profit housing corporation which administers a home -sharing program which is available for Burlingame residents. Develop literature regarding availability of housing programs; distribute to Burlingame residents. Continue City funding assistance. Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element: Name of Program Objective Timeframe in H.E Status of Program Implementation Program H(D-4) - Provide Provide affordable efficiency housing units Within 1 year of HE The City will be revising the accessory dwelling unit (ADU) regulations in 2020 to affordable studio or one- on appropriate opportunity sites. adoption comply with State requirements which are intended to facilitate the construction of bedroom units for single Rezone properties with residential overlay affordable accessory dwelling units including units suitable for the elderly. As part of occupants. Amend code to provide incentives for the ADU code changes for compliance with newly updated State requirements, City a. Amend the zoning code smaller units. staff also recommended code changes to the Planning Commission beyond those to create zoning incentives required by State Law which would relax regulations to make it easier to create ADUs. that encourage the development of smaller, more affordable housing units for seniors and other single occupants, such as reduced parking requirements for units less than 900 square feet and other flexible development standards. b. Continue to allow secondary units per the Government Code. Continue to implement the Secondary Dwelling Unit Ordinance (adopted in 2011), which allows new secondary dwelling units subject to certain standards, including minimum lot size, maximum unit size and one of the units to be owner occupied. Continue to allow waiver of on -site parking for accessory dwelling units HousingPrograms Progress Report Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement. and development of housing as identified in the housing element. 1 2 3 4 i Name of Program Objective Timeframe in H.E Status of Program Implementation Program H(D-5) - Provide Continue financial support of County -wide Ongoing Each year the City Council does Community Group Funding at the first Council local share of support for programs. meeting in June. The list of recipients includes HIP Housing, Inn Vision Shelter county -wide homeless Staff to continue to facilitate process Network and Samaritan House, CALL Primrose Center and HIP Housing. In addition, programs necessary to provide such services in the the Council budget includes funding sufficient for membership in HEART and a County a. Continue financial city. Homeless Outreach Team contribution. contributions to agencies which provide service to the homeless population in San Mateo County; continue to allow group facilities for the homeless in conjunction with church facilities as a conditional use; continue to support financially and work with local and non-profit providers in San Mateo b. Maintain the zoning code provisions that allow emergency shelters by right in the northern part of the RR (Rollins Road) zoning district. c. Implement the zoning code provisions that allow transitional and supportive housing by right in all zone districts which allow residential uses only subject to those restrictions that apply to other residential uses of the same type in the Housing Programs Progress Report Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element. 2 3 Name of Program Objective Timeframe in H.E Status of Program Implementation Program H(E-1) - Energy Add energy conservation features to 250 Ongoing Title 24 energy conservation requirements are applied to all plan checks for new conservation for major residences. residential construction. residential construction In all plan checking for new residential construction and major additions, apply Title 24 energy conservation requirements; where possible in planning developments, require structural and landscaping design to make use of natural heating and cooling. Program H(E-2) - Provide energy conservation information Ongoing There are brochures available at City Hall and on-line information provided regarding Community awareness of to public. energy conservation for both residents and businesses. In addition the Sustainability conservation benefits Coordinator provides tips and offers other resources for energy conservation on the Distribute brochure on City's weekly newsletter. available energy conservation programs and measures at the Planning counter to all residents planning to expand or build new residences. Utilize CalGreen standards. Continuous The City currently complies with the CalGreen standards and employs a half time Program H(E-3) - Green Building Specialist to ensure compliance of all projects with the CalGreen Sustainable Development standards. The Green Building Specialist is in the process of expanding to full-time. Stringent California Green The City initiated consideration of Reach Codes in 2019. Building Standards (CalGreen) have been adopted. At the minimum, new construction will follow the requirements set by the mandatory portion of the CalGreen Code. Housing Programs Progress Report Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvements and development of housing as identified in the housing element 1 2 3 4-- Name of Program Objective Timeframe in H.E Status of Program Implementation Program H(F-1) - Promote development on smaller Within 1 year of HE City staff supports applications involving the consolidation of parcels for development Encourage development of opportunity sites by promoting lot adoption projects to resolve technical matters such as multiple zoning designations, and housing on selected sites to consolidation for creation of affordable generally identifying opportunities to simplify and streamline the application process. serve all income levels housing The Zoning Code currently provides lower parking requirements for smaller units, and Amend the zoning code to allows further reductions within the Downtown Specific Plan area. The City adopted create zoning incentives residential impact fees adopted in 2019, allowing in -lieu fees if affordable units are not that encourage the provided. The City updated its zoning code in the North Burlingame Mixed Use and consolidation of smaller lots North Rollins Road Mixed Use areas that offer density bonuses and greater height identified as Housing allowance for projects incorporating affordable units. Inventory Sites, such as development review streamlining, reduction in required parking for smaller units, setback modifications, or increases in building height. Program H(F-2) - Promote Provide assistance and incentives to Ongoing development of potential encourage development of the opportunity The City's opportunity sites as designated in the Housing Element are provided to housing sites sites identified in the Housing Element developers that express interest in developing in Burlingame. This list of opportunity Maintain and update the sites is provided on the development opportunity website Oppsites, and in the Housing area -by -area land use Element. surveys, note changes in vacant and underutilized sites; share information with potential residential developers. Housing Programs Progress Report Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element. a 1 2 3 4 4 Name of Program Objective Timeframe in H.E Status of Program Implementation Program H(F-3) - Create Provide flexibility and incentives in the Within 1 year of HE The Downtown Specific Plan, which is within the boundaries of the PDA, provides Priority Development Area application of development standards adoption incentives such as higher residential densities, development standard incentives, (PDA) Housing Overlay within the Priority Development Area. reduced parking requirements, increased building heights, and provisions to provide Zone. Provide flexibility and incentives in the compatibility with adjacent lower -scale neighborhoods. The General Plan Update has Amend the zoning code to application of development standards identified additional areas that could be suitable for high density residential and/or create a "Priority within the Priority Development Area. mixed use development that are adjacent to transit corridors and transit centers. This Development Area Housing program will be examined for inclusion in the zoning code update that is currently Overlay Zone" to establish underway. In addition, a former industrial area at the north end of town has been standards and incentives for rezoned to allow residential uses given the close projecting to the Millbrae Multi -Model housing in the portions of Station. The City adopted residential impact fees adopted in 2019, allowing in -lieu fees the community zoned for if affordable units are not provided. The City updated its zoning code in the North high density residential Burlingame Mixed Use and North Rollins Road Mixed Use (RRMU) areas that offer and/or mixed use density bonuses and greater height allowance for projects incorporating affordable development that are units.The City applied to expand the PDA to include the RRMU district. The City adjacent to transit corridors issued an RFP to adopt a specifc plan for the RRMU Specifc Plan Area with work and transit centers. Specific anticipated to start in 2020. standards to be considered are densities, development standard incentives, reduced parking requirements, building heights and compatibility with adjacent lower -scale neighborhoods. The Priority Development Area covers the North Burlingame area, the El Camino Real and California Drive corridors and the Downtown Specific Plan area. Housing Programs Progress Report Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element. 1 2 3 4 Name of Program Objective Timeframe in H.E Status of P,ro ram Implementation Program H(F-4) - Identify Encourage development of 150 units on Ongoing Within the Downtown Specific Plan area there are currently applications under review sites for affordable, mixed selected Housing Opportunity Sites within for a total of 695 units in either residential, mixed use, or live/work projects. In addition, use residential, live -work the Downtown Specific Plan area. 285 units have been approved (entitled) within the Downtown Specific Plan area in and small one -bedroom or 2019. Many of the projects have utilized reduced parking requirements available to studio apartments. projects within the Downtown Specific Plan area, and/or the use of mechanical parking a. Encourage development lifts. of sites in C-R zone and where there is commercial zoning with a residential overlay or residential mixed use zoning; b. Promote development within the new mixed use zoning districts within the Downtown Specific Plan area, which allow for mixed uses and high density residential uses, and includes incentives to keep units affordable such as reduced parking requirements, increased heights and modified setbacks. Program H(F-5) - Second- Process 125 applications for second unit Ongoing The City will be revising the accessory dwelling unit (ADU) regulations in 2020. to unit Amnesty amnesty; Provide opportunities for comply with State requirements which are intended to facilitate the construction of Continue the second unit rehabilitation of these units affordable accessory dwelling units, including units suitable for the elderly. As part of amnesty program and the ADU code changes for compliance with newly updated State requirements, City provide second unit staff also recommended code changes to the Planning Commission beyond those applicants with information required by State Law which would relax regulations to make it easier to create ADUs; on participation in the San these recommendations were approved an are now part of the zoning ordinance. The Mateo County Rental City has approved a total of 17 ADUs in 2019. Rehabilitation program which provides rehabilitation loans for units which are available to tenants with low or very low incomes; consider expansion of the program by changing the eligibility date to qualify for second -unit amnesty. Housing Programs Progress Report Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element. 1 2 3 4 Name of Program Objective Timeframe in H.E Status of Program im lementatione Program H(F-6) - To expand Encourage development of affordable Ongoing In 2018. the City approved the redevelopment of City -owned parking lots for an the stock of affordable units on opportunity sites. Issue RFP for affordable housing development to build 132 workforce and senior housing units on housing redevelopment of parking lots. City Parking Lots F & N in Downtown Burlingame's downtown, which is within walking Contact known non-profit distance to the Burlingame Train Station. Construction has commenced on a portion of housing corporations and this project. religious institutions to make them aware of City interest, familiarize them with the opportunities available in Burlingame, and assist in processing where applications are required, encourage use of private foundation grants to fund affordable units. The City will issue an RFP for redevelopment of City - owned parking lots with affordable housing within one year of Housing Element adoption. Program H(F-7) - Section 8 Current number of Section 8 units is 100. Ongoing The City will work with San Mateo County Community Services and Housing Authority Program Attempt to increase by additional 20 units to provide a proportionate number of Section 8 units located in Burlingame. Work with San Mateo (total of 120 units). County Community Services and Housing Authority to provide Burlingame a proportionate share of Section 8 funds; distribute information about program to potential property owner and renter participants. Housing Programs Progress Report Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element 1 2 3 4 Name of Program Objective Timeframe in H.E, , „����,;,� Status of Program Implementation Program H(F-8) - First-time Obtain assistance for 15 Burlingame Ongoing The City promotes first-time homebuyer program workshops presented by HEART of Homebuyer Program residents. San Mateo County to educate both City employees and Burlingame residents about Continue to participate in the first-time homebuyer program; this information is provided on the City's website cooperative CDBG and in the City's weekly newsletter. agreement with San Mateo County to provide Burlingame residents with the opportunity to participate in the first-time homebuyer program (Mortgage Credit Certificate) funded by CDBG. Make first time home buyer information available on City's website and hold public workshops to identify opportunities for Program H(F-9) - Zero -Net- No loss of housing stock. Within 1 year of HE The City is compliant with SB-330, disallowing residential units to be removed without Loss of Housing Units adoption replacement. Amend the zoning code to require that when there is a loss of multifamily rental housing due to subdivision or condominium approvals, the project shall be required to provide 20 percent affordable housing units and/or provide displaced tenants with the first right to return to replacement housing units and to affordable housing units, subject to compliance with Measure T, the Burlingame Fair Property Rights Ordinance. Housing Programs Progres's Report Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element. 1, 2 3 b,; ,4 Name of Program Objective Timeframe in H.E Status.of:Program Implementation Program H(F-10) — Housing Explore the effectiveness and Annual for Very Low Income appropriateness of new strategies and Review The City adopted new Accessory Dwelling Unit (ADU) regulations to facilitate the Households incentives to promote housing for very low development of accessory units, by waiving parking requirements and eliminating Explore opportunities to and extremely low income households on limits on lot size for units added within existing square footage/structures, consistent encourage development of an annual basis. with State Law mandates. In addition, the City recently approved a joint development housing for very low and of downtown Parking Lots F & N which includes 132 workforce and senior housing extremely low income units. households through a variety of activities that may Commercial (linkage) impact fees were adopted by the City Council on July 3, 2017, include: as follows: • Examining the - $7/SF —retail appropriateness of new - $12/SF- hotel housing types that can - $18/SF — office < 50,000 SF provide affordable options, - $25/SF — office> 50,000 SF such as junior second units and micro -apartments; Residential impact fees were adopted in 2019, as follows: • Identifying grant and Base With Prevailing / Area Wage funding opportunities; Rental Multifamily —11 units and above • Monitoring the availability Up to 50 du/ac $17.00 $14.00 of state cap -and -trade 51-70 du/ac $20.00 $17.00 funding for affordable 71 du/ac and above $30.00 $25.00 housing; For Sale Multifamily (Condominiums) — 7 units and above • Considering joint $35.00 $30.00 development opportunities Notes: with non- profit developers 1. Rental Multifamily with total of 10 units or fewer are exempt. for projects that 2. For Sale Multifamily (Condominiums) with total of 6 units or fewer are exempt. accommodate a wide range 3. Rental projects that convert to condominiums within 10 years of completion of of income categories construction would be subject to the fee differential as a condition of conversion. including very low income; • Reaching out to housing developers and assisting `Housing Programs Progress Report Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element. 1 2 3 4 Name of Program Objective Timeframe in H.E Status of Program Implementation Program H(F-11) — Anti- Conduct an annual review of the First reviewed January Anti -displacement strategies were discussed and examined by the City Council during Displacement Strategies availability and effectiveness of anti- 2015. then annually the last housing element cycle. The City Council has considered anti -displacement Acknowledge the problem displacement strategies and programs. strategies within the context of collection of commercial linkage fees and residential of tenant displacement and impact fees, with considerations for programs such as emergency rent assistance to convene a process to prevent displacement, and acquisition of existing housing stock to be retained with investigate mitigations and below -market rents. In conjunction with the County of San Mateo Home for All the obstacles to deploying initiative, the City has held three (3) community meeting to hear from the community them, including legislative and discuss housing matters, including anti -displacement strategies. City Council barriers such as the approved disbursement of emergency rent assistance in concern over potential Burlingame Fair Property displacement with the impending AB 1482. Rights Ordinance ("Measure T) and establish or modify strategies as appropriate. Program H(C4) - Consider Generate in -lieu fees to contribute toward Within 1 year of HE Residential impact fees were adopted in 2019, as follows: adoption of a residential in- the creation of low and moderate income adoption Linkage Fee lieu fee option. housing. Base With Prevailing / Area Wage Consider adopting a Rental Multifamily — 11 units and above residential in -lieu fee as an Up to 50 du/ac $17.00 $14.00 alternative to providing 51-70 du/ac $20.00 $17.00 affordable units on -site. 71 du/ac and above $30.00 $25.00 For Sale Multifamily (Condominiums) — 7 units and above $35.00 $30.00 Notes: 1. Rental Multifamily with total of 10 units or fewer are exempt. 2. For Sale Multifamily (Condominiums) with total of 6 units or fewer are exempt. 3. Rental projects that convert to condominiums within 10 years of completion of construction would be subject to the fee differential as a condition of conversion. Jurisdiction Burlingame Reporting Period 2019 (Jan. 1 - Dec. 31) ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation (CCR Title 25 §6202) Note: 4" indicates an optional field Cells in grey contain auto -calculation formulas Table E Commercial Development Bonus Approved pursuant to GC Section 65915.7 Project Identifier Units Constructed as Part of Agreement Description of Commercial Development Bonus Commercial Development Bonus Date Approved 1 2 3 4 APN Street Address Project Name' Local Jurisdiction Tracking ID' Very Low Income Low Income Moderate Income Above Moderate Income Description of Commercial Development Bonus Commercial Development Bonus Date Approved Summary Row. Start Data Entry Below None. Annual Progress Report January2020 NU I t: I his table must only be Tilled out IT the housing element sites Jurisdiction Burlingame inventory contains a site which is or was owned by the reporting Note: "+" indicates an optional field jurisdiction, and has been sold, leased, or otherwise disposed of Cells in grey contain auto -calculation Reporting Period 2019 (Jan. 1 - Dec. 31) during the reporting year. formulas ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation (CCR Title 25 §6202) Table G Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier 1 4 APN Street Address .Project Name , Local Jurisdiction Tracking ID Realistic Capacity Identified in the Housing Element Entity to whom the site transferred ' Intended Use for Site Summary Row: Start Data Entry Below 29224270 150 Park Road The Village at Burlingame 26 The Pacific Companies 132 affordable workforce and senior housing units Residential Applications Overview March 2020 Approved Projects The following projects have received approval and are in various stages of construction: Address 1008-1028 Carolan Avenue (SummerHill) 290 Units 29 val Status - Building Permit Permit Submitted Issued Under Construction Includes 29 Moderate Income units (120% AMI) for 25 years w ww.burlingame.org/summerhill 1491-93 Oak Grove Avenue 10 www.burlingame.org/1491-93oak rove 1509 El Camino Real 11 1 Includes 1 Moderate Income unit (120% AMI) for 10 years www.burlingame.org/1509elcaminoreal 1433 Floribunda Avenue 8 www.burlingame.org/1433floribunda 1128-32 Douglas Avenue 27 2 Includes 2 Moderate Income units (110% AMI) for 25 years www.burlingame.org/1128-32dougas 920 Bayswater Avenue 128 13 Includes 13 Moderate Income units (120% AMI) for 30 years www.burlinp-ame.org/920bayswater The Village at Burlingame (Lot F Affordable Housing) 132 132 82 units up to 50%AMI, 35 units up to 80% AMI, 14 units up to 120% AMI. www burlin ame.or villa eatburlin ame �� g g 619-625 California Drive Live/Work 26 www.burlingame.org/619-25california 1431 El Camino Real 6 www.burlingame.org/1431elcaminoreal 1457 El Camino Real 9 www.burlingame.org/1457elcaminoreal 21 Park Road 7 www.burling-ame.org/21r)ark 1 Adrian Court 265 38 Includes 38 Low Income units (80%AMI) for 55 years www burlingame.org/ladriancourt 1095 Rollins Road 150 15 Includes 15 Moderate Income units (120% AMI) for 55 years www.burlingame.org/1095rollins TOTAL 1069 230 Proposed Projects The following projects have applications that have been submitted for review, but have not yet been acted on by the Planning Commission: Addressstatus PC city Notes Information Page Units .- Review Session •• Action Council 556 El Camino Real 21 1/25/16 7/24/17 www.burlinaame.org/556elcaminoreal 2/24/14 5/29/18 1214 Donnelly Avenue 14 10/9/18 www.burlingame.org/1214donnelly 123-125 Primrose Road 14 www.burlin ame.org/123-125orimrose 128 Lorton Avenue 19 4 1O/15/19 www.burlin ame.org/128Lorton 509-511 California Drive 24 6/10/19 www.burlingame.org/509-511california 1766 El Camino Real 60 6 9/23/19 www.burlingame.ora/1766eicaminoreaI 10/28/19 1868 Ogden Drive 120 6 11/12/19 Includes 6 Low Income units (80%AMI) for www.burlin ame.org/18680 den 55 years 1870 El Camino Real 169 17 3/9/20 Includes 17 Moderate Income units (120% www burlin ame.org/1870elcaminoreal AMI) for 55 years 601 California Drive 26 12/9/19 30 Ingold Road 298 43 Includes 43 Low Income units (80%AMI) for 55 years. Includes 4,060 SF commercial. 1412 Bellevue Avenue 15 2 Includes 2 Moderate Income units (120% AM I) for 55 years TOTAL 780 78 Key to Application Status: Plans Under Review - Application has been submitted and plans are being reviewed by staff. Planning Commission study session will be scheduled once plan check comments have been addressed. PCStudy Session - Planning Commission study session to review proposed design and identify environmental issues to be studied. No action (approval) in this meeting. CEQA - Environmental review in compliance with California Environmental Quality Act (CEQA). PCAction - Planning Commission public hearingto consider action (approval) of the application. City Council - City Council hearing if application includes a General Plan/Zoning Amendment, if the Planning Commission decision is appealed, or if the application is called up by a councilmember. RESIDENTIAL APPLICATIONS OVERVIEW - MARCH 2O20 1 2 Preliminary Projects The following projects have been variously presented to the public in conceptual form, but either have not been formally submitted for review, or in the instance of the Peninsula Wellness Community is a master plan with development projects to be submitted at later dates. Estimated unit counts should be considered very tentative and subject to change if and when a development application is submitted. RESIDENTIAL APPLICATIONS OVERVIEW - MARCH 2O20 1 3 0� CITV O STAFF REPORT ��� To: Honorable Mayor and City Council Date: March 16, 2020 From: Kathleen Kane, City Attorney — (650) 558-7204 AGENDA NO: 1Of MEETING DATE: March 16, 2020 Subject: Update and Direction on City Work Plan for Wireless Small -Cell Infrastructure RECOMMENDATION Staff recommends that the City Council receive this update regarding the City's work plan for wireless small -cell infrastructure and give direction on next steps. BACKGROUND Traditionally, wireless antennas and equipment were primarily installed on large towers on private land and on the rooftops of buildings. These deployments are subject to land use review under the zoning code. In recent years, companies increasingly seek to install wireless facilities in the public right of way (ROW) on utility poles, streetlights, and new poles. Current predictions indicate that the next wave of wireless facility deployment-5G—will involve $275 billion in investment over the next decade, with the vast majority of these new facilities anticipated to be placed in the ROW. Recent changes in federal law place shortened time frames or "shot clocks" and other requirements on local review of wireless facility installations in the ROW. A Federal Communications Commission ("FCC") declaratory order and regulations went into effect in 2019. Under that order, if a City does not render a decision on a small wireless facility application within a specified time period (60 days for installations on existing structures, and 90 days for new structures), the failure to meet the deadline for action will be presumed to violate federal law (both a failure to act within a reasonable period of time and an effective prohibition of personal wireless services). The FCC declares that all fees (including permit fees and rental fees for use of government -owned infrastructure, such as streetlights) must be based on a reasonable approximation of the local government's costs, such that only objectively reasonable costs are factored into those fees, and fees are no higher than the fees charged to similarly situated competitors in similar situations. The FCC creates "safe harbors" of presumptively reasonable fee levels that include: non -recurring fees equal to $500 for a single application for up to five collocations, plus $100 for each additional collocation facility, and $1,000 for each new pole. Recurring fees are presumed reasonable if equal to $270 per facility/per year, including the fee for attachment to municipal infrastructure and use of the ROW. The FCC's recent orders also allow cities to employ aesthetic standards in evaluating proposed installations, but they 1 Wireless Work Plan Update March 16, 2020 must be reasonable, no more burdensome than those applied to other types of infrastructure deployments, objective, and published in advance. Burlingame has been a member of a coalition of governments challenging these and other orders from the FCC that limit local control. However, those challenges have thus far not overturned the orders in question, and Burlingame is obligated to follow the law as it currently stands. Further, the City faces significant risk of litigation when we miss the timelines provided in the federal rules and subject applications to broadly discretionary review rather than an objective process. DISCUSSION The City's current wireless ordinance was written in 2012. The ordinance was drafted through a cooperative process involving interested community members, representatives of the wireless industry, and legal counsel. It sought to balance the needs of the wireless industry to expand and update wireless infrastructure with the environmental welfare, aesthetic values, and neighborhood character of Burlingame. A key aspect of the ordinance is that it provides for substantial public notice as well as the opportunity for hearings before the Planning Commission. While encroachments on the ROW and utility -related issues are usually dealt with administratively by the Public Works Department, the wireless ordinance mandates that cellular installations in the ROW be reviewed and processed by the Community Development Department in a manner consistent with other applications — that is, including all the notice and hearing requirements found elsewhere in the ordinance. The ordinance also calls for payment of a fee as published in the Master Fee Schedule. That fee was set following a study that determined the costs of processing wireless installation applications under the procedural requirements of the ordinance. Unfortunately, the ordinance has become out of compliance with federal law as the latter has developed. The areas of greatest concern created by the FCC's rules are: (1) the incompatibility between the notice and hearing procedures in the ordinance and the radically shortened shot clocks for ROW applications; (2) the potential inconsistency between the City's existing fee structure — which is based on the extensive public noticing and hearings called for in the ordinance — and the streamlined procedures required to meet the FCC timelines for action; and (3) the City's reliance on subjective review where objective standards and limited discretion are required under relevant law. Council earlier passed a resolution suspending the provisions of the ordinance where they were in conflict with federal law. However, carriers and the public require greater clarity in the administration of wireless applications. Therefore, the ordinance will have to be amended to ensure greater certainty and bring the City's processes in line with federal and related state mandates. The City will need to undertake a series of related tasks related to small cellular wireless infrastructure buildout. The proposed work plan consists of the following: 1. Develop objective aesthetic standards for small cell installations. Staff suggests that the Mayor appoint an ad hoc committee to oversee this process with the community's input. A committee could consist of a Councilmember, a Planning Commissioner, a Beautification Commissioner, and two at -large members of the public. The committee should solicit public input on appropriate aesthetic standards and consider what is feasible for small cell designs with feedback from the carriers. The committee should then make recommendations for objective standards to be considered and adopted by Council. Given the need for substantial community Wireless Work Plan Update March 16, 2020 outreach, the Council may consider an interim aesthetic standards resolution to provide guidance for applications submitted during the committee's work. 2. Revise the ordinance to comply with applicable federal and state law, while preserving as much local control as is possible. The ordinance will need to be reviewed by the Planning Commission before it is introduced to Council. Staff anticipates that processing applications for the ROW will be returned to the Public Works Department, while private property installations will continue to be reviewed in the Community Development Department/Planning Commission as applicable — this structure is consistent with other provisions in the Municipal Code for the two departments' respective responsibilities. 3. Draft and present to Council for consideration a master license agreement for installations on City -owned light poles. Under applicable law, the City must allow certain installations on existing poles. Developing a master agreement will ensure that carriers are treated similarly, that Council has oversight over the buildout of small cell infrastructure on City poles, and that processing of applications can be streamlined. Additionally, the Council may wish to consider partnering with carriers to install "smart poles" that incorporate small cell infrastructure within the light pole diameter as a way of containing visual clutter. Staff seeks Council feedback on the proposed work plan as well as on the question of whether the Council would like to explore locating smart poles and/or new light poles in residential areas where the City currently has few poles of its own as a way of providing alternative mounting locations to existing PG&E utility poles. FISCAL IMPACT There is no direct impact on the City General Fund associated with this item. A public outreach effort connected with developing objective aesthetic standards may require up to $10,000 in consultant/publication costs, depending on how many meetings and methods of communication are used. 3 BURLINGAME Memorandum To: City Council Date: March 16th, 2020 From: Councilmember Donna Colson Subject: Committee Report City Council Meeting Notes March 5, 2020 Burlingame School District Meeting Measure O looks to have passed o Plan to focus on immediate set of upgrades o Possibly teacher housing o Modernization of BIS for five existing wings Traffic at all schools o Speeding o Disrespecting traffic signs o Requesting more traffic enforcement at all schools o One way street on Vancouver near Roosevelt o Up hill at Quesada and then going to downtown and blowing through stop signs - what are traffic calming measures that can be implemented Opening of 100 year celebration of Roosevelt o Over 300 people attended March 9, 2020 Peninsula Clean Energy Executive Meeting CEO Update o One open position in Legislative and one in Managed Distribution o Strategic Plan - Meeting this Friday to finalize the basic document o Merced - Meeting Los Banos City Council to present to them and looking into governance issues to bring another member to the PCE o Attended Yosemite policy conference - biggest conversation point was the social equity around CCAs and making sure that Central Valley areas are included and receiving benefits o PGE - Bankruptcy, courts are likely going to work with the current bankruptcy plan (reorganization) and then the second plan is the customer owned option that is being pushed by SJ. The Govenor is the person taking the lead on this. 1 Colson Committee Report March 16th, 2020 • Review if the CAC - Discussion of role and suggested updates as to how the CAC can be included more in the role of PCE. • Community Impact Report - Way to send out more information on PCE and the impact on businesses and local communities. o Overview of PCE from Jan and what we do o Where does the power come from - the mix and the o Education programs o Programs/Reinvesting in the Community ■ Healthy Home Connect • EV programs - o Green is good for Business o Calls to Action - how do you apply for EV charging infrastructure, drive forward, upgrade eco-100 etc. • Format and Distribution o Free-standing insert of over 150,000 o SMDJ, Almanac, HMB Review, Daily Post, Mercury News, SF Chronicle • Target release - Earth Day or May 8 with Wright Solar • Print Overrun • Total Cost $30K PCE Audit and Finance Committee • Interview of PFM for investment management services March 10, 2020 • Meeting with the San Mateo County History Museum and site visits • Attended Seton meeting at Supervisors Chambers - Job well done AOK • Meeting to get update on Community Center Fundraising March 11, 2020 • Meeting with constituents on tree issue • Meeting in AM with Chief of Police and Margaret Glomstad regarding safety Washington Park • Attended - Burlingame PD Badge Pinning Ceremony • City Council Mid -Year Budget update! 2