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Agenda Packet - CC - 2020.07.06
• City of Burlingame BURLINGAME . I Meeting Agenda - Final City Council Monday, July 6, 2020 7:00 PM BURLINGAME CITY HALL 501 PRIMROSE ROAD BURLINGAME, CA 94010 On March 17, 2020, the Governor issued Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown Act in order to allow for local legislative bodies to conduct their meetings telephonically or by other electronic means. Pursuant to the statewide Shelter -in -Place Order issued by the Governor in Executive Order N-33-20 on March 19, 2020, and the CDC's social distancing guidelines which discourage large public gatherings, the Council Chambers will not be open to the public for the July 6, 2020 City Council Meeting. Members of the public may view the meeting by logging into the Zoom meeting listed below. Additionally, the meeting will be streamed live on YouTube and uploaded to the City's website after the meeting. Members of the public may provide written comments by email to publiccomment@burlingame.org. Emailed comments should include the specific agenda item on which you are commenting, or note that your comment concerns an item that is not on the agenda or is on the Consent Calendar. The length of the emailed comment should be commensurate with the three minutes customarily allowed for verbal comments, which is approximately 250-300 words. To ensure that your comment is received and read to the City Council for the appropriate agenda item, please submit your email no later than 5:00 p.m. on July 6, 2020. The City will make every effort to read emails received after the 5:00 p.m. deadline which are not read into the record will be provided to the City Council after the meeting. All votes are unanimous unless separately noted for the record. Online City of Burlingame Page 1 Printed on 71212020 City Council Meeting Agenda - Final July 6, 2020 1. CALL TO ORDER - 7:00 p.m. - Online To Join the Zoom Meeting (Note that the link below doesn't look like a hyperlink, but it is) https://us02web.zoom.us/j/82456309623? pwd=NXFOVHFmNTISVkRhNUx1 eE16NjE3QT09 Meeting ID: 824 5630 9623 Password: 820523 One tap mobile +16699006833„82456309623# US (San Jose) +13462487799„82456309623# US (Houston) Dial by your location +1 669 900 6833 US (San Jose) +1 346 248 7799 US (Houston) +1 253 215 8782 US (Tacoma) +1 301 715 8592 US (Germantown) +1 312 626 6799 US (Chicago) +1 929 436 2866 US (New York) Meeting ID: 824 5630 9623 Find your local number: https://us02web.zoom.us/u/kRTaiauUO 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. City of Burlingame Page 2 Printed on 71212020 City Council Meeting Agenda - Final July 6, 2020 8. APPROVAL OF CONSENT CALENDAR Consent calendar items are usually approved in a single motion, unless pulled for separate discussion. Any member of the public wishing to comment on an item listed here may do so by submitting a speaker slip for that item in advance of the Council's consideration of the consent calendar. a. Approval of City Council Meeting Minutes for June 1, 2020 Attachments: Meeting Minutes b. Approval of City Council Meeting Minutes for June 9, 2020 Attachments: Meeting Minutes C. Approval of City Council Meeting Minutes for June 15, 2020 Attachments: Meeting Minutes d. Adoption of a Resolution Authorizina the Citv Manaaer to Execute a $312.150 Aareement with Timberline Tree Service, Inc. for the Tree Pruning & Stump Removal for FY 2020-2021, City Project #51000 Attachments: Staff Report Resolution Scope of Work Bid Summary Agreement with Timberline Tree Service, Inc. e. Adoption of Resolutions Awardina a Construction Contract to Anvil Builders Inc.. for the 1740 Rollins Road and 842 Cowan Road Pump Station Upgrades in the Amount of $4,189,000, Approving a Professional Services Agreement with Tanner Pacific for Construction Management Services in the Amount of $626,920, and Approving a Professional Services Agreement with Mott MacDonald for Construction Engineering in the Amount of $125,384 Attachments: Staff Report Resolution for Construction Contract Resolution for Professional Services Agreement for Construction Management Resolution for Professional Services Agreement for Construction Engineering Construction Contract Professional Services Agreement for Construction Management Professional Services Agreement for Construction Engineering Bid Summary Protect Location Map City of Burlingame Page 3 Printed on 71212020 City Council Meeting Agenda - Final July 6, 2020 f. Adoption of a Resolution Awardina a Construction Contract to R&M Pavina Contractors. Inc. for the 2020 Parking Lot Resurfacing Project, in the Amount of $286,301, and Authorizing the City Manager to Execute the Contract Attachments: Staff Report Resolution Construction Contract Bid Summary Protect Location Map g. Adoption of a Resolution Awarding a Construction Contract to Kingdom Pipelines, Inc. for the Hillside and Skyview Reservoir Site Improvements, in the Amount of $233,170, and Authorizing the City Manager to Execute the Contract Attachments: Staff Report Resolution Construction Contract Bid Summary Project Location Map h. Adoption of a Resolution to Amend the On -Call Traffic Sianal Maintenance Services Contract with Bear Electrical Solutions in the Amount of $84,700 and Authorizing the Citv Manager to Execute the Contract Amendment Attachments: Staff Report Resolution Amendment No. 2 Amendment No. 1 Original Agreement Adoption of Resolutions Awardina a Construction Contract to Redawick Construction Co. for the Broadway, California Drive, Cadillac Way, and Trousdale Drive Federal Grant Resurfacing Project, in the Amount of $1,589,914, and Approving a Professional Services Agreement with The Hanna Group, Inc. for Construction Management Services in the Amount of $199.730 Attachments: Staff Report Resolution Awarding Construction Contract Resolution Approving Professional Service Agreement Construction Contract Professional Services Agreement Bid Summary Project Location Map City of Burlingame Page 4 Printed on 71212020 City Council Meeting Agenda - Final July 6, 2020 Adoption of a Resolution Approving the First Amendment to the Renewed and Revised Agreement between the City of Burlingame and the Burlingame Aquatics Club, Inc. for the Management and Operation of, and for the Provisions of Aquatic Programs at, the Burlingame Aquatic Center Attachments: Staff Report Resolution Amendment to Contract k. Approval of the Restarting Business Assistance Program and the Distribution of Funds Attachments: Staff Report Restarting Business Assistance Program Application Packet June 10, 2020 ED Subcommittee Minutes July 1, 2020 ED Subcommittee Minutes June 1, 2020 City Council Minutes 9. PUBLIC HEARINGS (Public Comment) a. Public Hearing to Consider the Extension of the Temporary Street Closure of Downtown Burlingame Avenue, the Creation of Parklets Near Downtown Burlingame Avenue, and the Temporary Street Closure of Broadway to Facilitate Safe Pedestrian Activity and Outdoor Dining Pursuant to the Latest San Mateo County Health Order Attachments: Staff Report Draft Parklet Plan for Side Streets in the Downtown Burlingame Avenue Area Draft Broadway Street Closure and Detour Plan Summary of BID Meeting Minutes Economic Development Subcommittee Meeting Minutes — Special Meeting Jun( Economic Development Subcommittee Draft Meeting Minutes — Special Meetim City of Burlingame Page 5 Printed on 71212020 City Council Meeting Agenda - Final July 6, 2020 b. 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 Dwelling 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 Attachments: Staff Report Draft Ordinance Proposed CEQA Resolution March 2, 2020 City Council Minutes May 18, 2020 City Council Minutes Email submitted by Neel M. Mehta Letter submitted by Matthew Gelfand, Californians for Homeownership ADU Amendments - Clean Effective Provisions of 2019 ADU Bills C. Public Hearina to Consider Proposed Amendments to the Burlinaame Municipal Code to Allow for a Building Electrification Reach Code Attachments: Staff Report Single Family Residences Ordinance Multifamily Residential Ordinance Commercial Buildings Ordinance Frequently Asked Questions d. Public Hearina to ADDrove Vacation of a 10-Foot Wide Existina Waterline Easement. and Accept a New Easement Deed and Approve an Agreement with San Mateo County for the Relocated Water Pipeline at 12 Airport Boulevard Attachments: Staff Report Resolution Deed of Easement & Dedication of Water Pipeline Plat & Legal Description of New Easement (Exhibits A & B) Plat & Legal Description of Vacated Easement (Exhibits A & B) September 4, 2018 Staff Report 10. STAFF REPORTS AND COMMUNICATIONS (Public Comment) City of Burlingame Page 6 Printed on 71212020 City Council Meeting Agenda - Final July 6, 2020 a. Discussion of Short -Term Rentals Attachments: Staff Report December 2019 Study Session Staff Report December 2019 Study Session Minutes Example: Redwood City Ordinance Example: Millbrae Ordinance b. Adoption of a Resolution Authorizing the City Manager to Execute an Amended Real Estate Agreement with Caltrain and Related Documents to Allow Relocation of Caltrain Paralleling Station 3 (PS-3) to City Property on the East Side of the Railway Tracks in the Industrial Zone Attachments: Staff Report Resolution June 2020 PCEP PS-3 Layout Letter from PCEP dated June 23, 2020 Staff Report from August 20, 2018 City Council Meeting Attachments from August 20, 2018 Staff Report 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Councilmembers report on committees and activities and make announcements. a. Mayor Beach's Committee Report Attachments: Committee Report 12. FUTURE AGENDA ITEMS 13. ACKNOWLEDGMENTS The agendas, packets, and meeting minutes for the Planning Commission, Traffic, Safety and Parking Commission, Beautification Commission, Parks and Recreation Commission, and Library Board of Trustees are available online at www.burlingame.org. 14. ADJOURNMENT Notice: Any attendees who require special assistance or a disability -related modification or accommodation to participate in this meeting, or who have a disability and wish to request an alternative format for the agenda, meeting notice, agenda packet, or any other writings that may be distributed at the meeting, should contact Meaghan Hassel -Shearer, City Clerk, by 10:00 a.m. on Monday, July 6, 2020 at (650) 558-7203 or at mhasselshearer@burlingame.org. Notification in advance of the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting, the materials related to it, and your ability to comment. City of Burlingame Page 7 Printed on 71212020 City Council Meeting Agenda - Final July 6, 2020 NEXT CITY COUNCIL MEETING Regular City Council meeting on Monday, August 17, 2020 (Note that the July 20, 2020 and August 3, 2020 City Council Meetings are cancelled) VIEW REGULAR COUNCIL MEETING ONLINE AT www.burlingame.org/video Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection via www.burlingame.org or by emailing the City Clerk at mhasselshearer@burlingame.org. if you are unable to obtain information via the City's website of through email, contact the City Clerk at (650) 558-7203. City of Burlingame Page 8 Printed on 71212020 Agenda Item 8a Meeting Date: 07/06/2020 CITY C BURLINGAME $AaiEo JLNE � O BURLINGAME CITY COUNCIL Unapproved Minutes Regular Meeting on June 1, 2020 1. CALL TO ORDER A duly noticed meeting of the Burlingame City Council was held on the above date online at 7:02 p.m. 2. PLEDGE OF ALLEGIANCE TO THE FLAG The pledge of allegiance was led by DPW Murtuza. 3. ROLL CALL MEMBERS PRESENT: Beach, Brownrigg, Colson, O'Brien Keighran, Ortiz MEMBERS ABSENT: None 4. REPORT OUT FROM CLOSED SESSION There was no closed session. 5. UPCOMING EVENTS Mayor Beach reviewed the upcoming events taking place in the city. 6. PRESENTATIONS a. PROCLAMATION RECOGNIZING JUNE 2020 AS PRIDE MONTH Mayor Beach read the proclamation that recognized June 2020 as Pride Month. Councilmember Brownrigg thanked then -Mayor Ortiz for adopting a proclamation on tolerance in the community. He voiced his support for recognizing June as Pride Month. San Mateo County LGBTQ Commissioner Guiliana Garcia thanked the Council for recognizing Pride Month. She stated that the Commission's purpose is to bring greater recognition and visibility to the Burlingame City Council June 1, 2020 Unapproved Minutes Agenda Item 8a Meeting Date: 07/06/2020 LGBTQ community in San Mateo County. She discussed the history of pride celebrations including the Stonewall Riots and the importance of fighting for equality. 7. PUBLIC COMMENT Burlingame resident Peter Comaroto asked that the Council agendize a discussion on closing Burlingame Avenue to allow for outdoor dining. Burlingame resident Kevin Lemire requested that the City expand the "slow streets" program. Burlingame resident Leslie Beatty thanked the City for closing Carolan Avenue for the "slow streets" program, and she encouraged the City to expand the program to other streets. 8. CONSENT CALENDAR Mayor Beach asked her colleagues and members of the public if they would like to pull any item off the Consent Calendar. Councilmember Brownrigg pulled item 8n. Councilmember Ortiz made a motion to adopt Consent Items 8a, 8b, 8c, 8d, 8e, 8f, 8g, 8h, 8i, 8j, 8k, 81, 8m, and 80. Councilmember Brownrigg commented on the motion. He stated that as a result of COVID-19, Council should review the City's investment policy (Item 8m) this year. Councilmember Brownrigg seconded the motion. The motion passed unanimously by roll call vote, 5-0. a. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR THE MAY 13, 2020 BUDGET STUDY SESSION City Clerk Hassel -Shearer requested Council approve the Meeting Minutes for the May 13, 2020 Budget Study Session. b. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR THE MAY 18, 2020 REGULAR MEETING City Clerk Hassel -Shearer requested Council approve the Meeting Minutes for the May 18, 2020 Regular Meeting. c. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH ICF JONES & STOKES, INC. TO PERFORM ENVIRONMENTAL REVIEW SERVICES RELATED TO A NEW SIX -STORY, 120-UNIT CONDOMINIUM PROJECT AT 1868-1870 OGDEN DRIVE 2 Burlingame City Council June 1, 2020 Unapproved Minutes Agenda Item 8a Meeting Date: 07/06/2020 CDD Gardiner requested Council adopt Resolution Number 062-2020. d. ADOPTION OF A RESOLUTION ACCEPTING THE 2019 STREET RESURFACING PROJECT BY G. BORTOLOTTO & CO. INC., CITY PROJECT NO. 85120 DPW Murtuza requested Council adopt Resolution Number 063-2020. e. ADOPTION OF A RESOLUTION ACCEPTING THE NEW STANDBY EMERGENCY BACKUP GENERATOR AT THE POLICE STATION BY P.C. INC., CITY PROJECT NO. 84640 DPW Murtuza requested Council adopt Resolution Number 064-2020. f. ADOPTION OF A RESOLUTION ACCEPTING THE EAST BURLINGAME AVENUE AND ANZA LAGOON BRIDGE UTILITY IMPROVEMENTS PROJECT, CITY PROJECT NO. 83522 DPW Murtuza requested Council adopt Resolution Number 065-2020. g. ADOPTION OF A RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH SCS ENGINEERS FOR ENGINEERING AND REGULATORY COMPLIANCE SERVICES RELATED TO THE CLOSED BURLINGAME LANDFILL IN THE AMOUNT OF $118,000 DPW Murtuza requested Council adopt Resolution Number 066-2020. h. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A $20,456.10 AGREEMENT WITH THE PENINSULA CONFLICT RESOLUTION CENTER FOR IDSPUTE RESOLUTION SERVICES City Manager Goldman requested Council adopt Resolution Number 067-2020. i. ADOPTION OF A RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A $32,657 AGREEMENT WITH THE BURLINGAME CHAMBER OF COMMERCE TO PROVIDE INFORMATION AND PROMOTION SERVICES IN FISCAL YEAR 2020-2021 City Manager Goldman requested Council adopt Resolution Number 068-2020. j. ADOPTION OF A RESOLUTION APPROVING AN AMENDMENT TO THE AGREEMENT WITH THE COUNTY OF SAN MATEO FOR ANIMAL CONTROL Burlingame City Council June 1, 2020 Unapproved Minutes Agenda Item 8a Meeting Date: 07/06/2020 SERVICES TO EXTEND THE AGREEMENT ONE YEAR AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDMENT City Manager Goldman requested Council adopt Resolution Number 069-2020. k. ADOPTION OF A RESOLUTION ACCEPTING THE MURRAY NATURAL PLAYGROUND PROJECT, CITY PROJECT NO. 85400, IN THE AMOUNT OF $232,088.44 Parks and Recreation Director Glomstad requested Council adopt Resolution Number 070-2020. 1. ADOPTION OF A RESOLUTION AUTHORIZING APPLICATION FOR, AND RECEIPT OF, LOCAL GOVERNMENT PLANNING SUPPORT GRANT PROGRAM FUNDS CDD Gardiner requested Council adopt Resolution Number 071-2020. m. APPROVAL OF REVISIONS TO INVESTMENT POLICY FOR FISCAL YEAR 2020-21 Finance Director Augustine requested Council approve revisions to Investment Policy for Fiscal Year 2020- 21. n. APPROVAL OF REVISIONS TO THE PROPOSED BUDGET AND CAPITAL PROGRAM FOR FISCAL YEAR 2020-21 Councilmember Brownrigg thanked the Finance Director for revising the numbers based on Council's input at the Budget Study Session. He asked how the City Manager and Finance Director envision the budget process being run over the next six to twelve months. He stated that he would feel more comfortable if the Council reviewed the budget every three months during this period of volatility. Finance Director Augustine replied in the affirmative. Mayor Beach asked if Finance Director Augustine envisioned the budget being reviewed quarterly as a staff report on the Council's agenda. Finance Director Augustine replied in the affirmative. Councilmember Colson stated that in the fall, the Council will be discussing the City's pension obligations. She noted that this would be a good time to also review the budget. She thanked staff for their hard work on the budget and their explanations of the variances including the property tax increases. Vice Mayor O'Brien Keighran stated that she agreed with Councilmember Brownrigg that the budget should be a regular agenda item. She noted that she believed there would be a lot of fluctuation in the budget in the upcoming year(s). Councilmember Colson stated that several people asked her about the Community Center funding. She stated that as the City moves forward, staff should work on public outreach about why the project is in place, where the funding comes from, and why it is needed. 4 Burlingame City Council June 1, 2020 Unapproved Minutes Agenda Item 8a Meeting Date: 07/06/2020 City Manager Goldman stated that during the last week of May, staff finalized a one -page document that summarizes how the new Community Center is being funded. She noted that the City's website includes an FAQ that explains what the bond funds can be spent on. Councilmember Ortiz thanked staff for putting the information about the Community Center together. Councilmember Brownrigg stated that the stewardship of the Council over the last ten years has put the City in a strong position to weather a bad crisis. Mayor Beach opened the item up for public comment. No one spoke. Councilmember Brownrigg made a motion to approve the revisions to the proposed budget and capital program for Fiscal Year 2020-21; seconded by Councilmember Colson. The motion passed unanimously by roll call vote, 5-0. o. ADOPTION OF A RESOLUTION APPROVING THE ALLOCATION OF FUNDING FOR COMMUNITY SERVICE ORGANIZATIONS FOR FISCAL YEAR 2020-21 Finance Director Augustine requested Council adopt Resolution Number 072-2020. 9. PUBLIC HEARINGS There were no public hearings. 10. STAFF REPORTS a. ADOPTION OF A RESOLUTION PROVIDING AN EXTENSION OF EXISTING DEVELOPMENT ENTITLEMENTS. CDD Gardiner stated that staff suggests that Council adopt a resolution extending existing planning and building entitlements impacted by the San Mateo County Health Officer's shelter -in -place order. He explained that the extension would mitigate the impacts of the public closure of City Hall and limited operations of the Community Development Department. CDD Gardiner explained that typically, Planning Commission approvals are valid for 12 months, during which time a building permit must be issued, with the option for an extension of up to one year. He stated that building permits are valid for between 12 months and 36 months, depending on the valuation of the project. CDD Gardiner stated that the proposed resolution would apply to planning and building development permits that expired or will be expiring between March 17 and September 30, 2020. He added that the resolution would extend these permits through December 31, 2020. 5 Burlingame City Council June 1, 2020 Unapproved Minutes Agenda Item 8a Meeting Date: 07/06/2020 Councilmember Brownrigg asked why the City doesn't automatically add three months to anyone that has an outstanding permit at this point. CDD Gardiner replied that is an option. Councilmember Brownrigg stated that he believed that staff should utilize whatever approach is simplest to administer. Mayor Beach asked if she was correct that the reason for doing this would be to streamline the process and avoid having an official extension process that could be costly and create delays. CDD Gardiner replied in the affirmative. He noted that ordinarily if a permit is set to expire, the applicant must apply for an extension. Mayor Beach stated that it occurred to her that there could be people that received approval but had yet to start construction. She explained that COVID-19 may have changed people's financial situations, and therefore there could be a universe of people that might need the extension expanded to include those who had gotten their permits in 2019. CDD Gardiner stated that staff could expand the extension to include 2019 upon Council's approval. Councilmember Colson stated that no matter where an individual is in the process, they are likely to be delayed. Therefore, everyone would benefit from an extension. Vice Mayor O'Brien Keighran and Councilmember Ortiz concurred with Councilmember Colson. Mayor Beach opened the item up for public comment. No one spoke. City Attorney Kane stated that the motion is to extend all pending permits and approvals that were pending as of March 16. Councilmember Brownrigg stated that because staff has started accepting applications, he would say any current outstanding application as of today's date gets an additional three months. Mayor Beach asked if the extension should be for more than three months. CDD Gardiner stated that there are two types of permits, those that are going through the application process, and permits that have already been approved and are close to expiring. He noted that it is the later group of permits that staff is currently focused on. Councilmember Ortiz stated that he believed staff and Council should talk about pending applications separately and focus on issued permits first. City Attorney Kane suggested that Council take a motion tonight to address the permits that expired since March 1, and then staff can come back with a staff report to address other permit applications. 6 Burlingame City Council June 1, 2020 Unapproved Minutes Agenda Item 8a Meeting Date: 07/06/2020 Councilmember Colson stated that CDD Gardiner's resolution does a great job of dealing with the imminent problem. Mayor Beach opened the item up for public comment. There were no comments. Councilmember Colson made a motion to adopt Resolution Number 073-2020; seconded by Vice Mayor O'Brien Keighran. The motion passed unanimously by roll call vote, 5-0. b. CONSIDERATION OF CONSTRUCTION HOURS AND EXCEPTIONS CDD Gardiner stated that staff is recommending that Council consider potential amendments to construction hours. He explained that prior to 2016, construction hours were from 7 a.m. to 7 p.m. on weekdays, 9 a.m. to 6 p.m. on Saturdays, and 10 a.m. to 6 p.m. on Sundays and holidays. In 2016, Council adopted an ordinance that changed weekday construction hours to 8 a.m. to 7 p.m., and prohibited construction on Sundays and holidays. CDD Gardiner stated that staff is now recommending the following additional changes: A. Amend BMC 18.07.010 to change language from "except in the case of urgent necessity on the interest of public health and safety," to "except in circumstances where continuing work beyond legal hours is necessary to building or site integrity, including (but not limited to) large concrete pours, environmental considerations, state or federal requirements, or in cases where it is in the interest of public health and safety." B. Amend BMC 18.07.010 to eliminate exceptions to construction hours based on gross floor area, and replace it with the requirement that all exceptions be approved by the building official through a waiver or other mechanism for no longer than necessary to complete the portion of the project for which the exception was granted. C. Amend BMC 18.07.010 to modify construction hours for the Bayfront Commercial, Innovative Industrial, and Rollins Road Mixed Use zones. These are commercial and mixed -use zones where less restrictive construction hours would benefit construction projects but cause lesser disruption to residents. D. Amend BMC 18.07.010 to exempt all construction work, regardless of hours, that takes place inside a completely enclosed building and does not exceed the exterior ambient noise level per the BMC 25.58.050. CDD Gardiner stated that since 2016, applications for construction projects have continued to grow within the city. He explained that developers regularly ask for exceptions to construction hours, often with justification and reasons that will be granted in most instances. He stated that scenarios requiring exceptions that exist in almost every large project include: • Extended hours for large concrete pours, where interruptions would lead to issues with site and/or building integrity; • Complying with Caltrans timelines; • Environmental timelines set by Federal, State, and local regulations; and 7 Burlingame City Council June 1, 2020 Unapproved Minutes Agenda Item 8a Meeting Date: 07/06/2020 • Other environmental matters that cannot be controlled or mitigated by the developer. CDD Gardiner explained that staff is proposing that the exception language of the code be modified to include the above recognized common exceptions so that developers can pursue projects in the city without fear of delay. CDD Gardiner stated that staff is also proposing amending construction hours in certain zones. He noted that the Bayfront Commercial, Innovative Industrial, and Rollins Road Mixed Use are all zones where staff believes hours could be amended with only minor disruptions to residents. He explained that developers shared concerns with staff about how the construction hours impact their construction crews. He stated that most of the construction crews commute from areas outside the Peninsula, and the City's current construction hours require them to drive during peak traffic times. Therefore, allowing an earlier start time in the above commercial zones may at least ease this issue. CDD Gardiner stated that staff is also proposing allowing work to take place outside of construction hours within fully enclosed buildings. He explained that staff believes that this work will have little impact on residents and would allow builders to finish projects in a more expedient manner. He noted that this exception is already in place in the City of San Mateo. Councilmember Colson asked if the housing project on Bayswater would be allowed to start at 7 a.m. or because it is in a residential neighborhood, would it start at 8 a.m. CDD Gardiner stated that because there are surrounding residential uses, staff would evaluate the need to start early. He added that the Chief Building Official could also enact conditions for the early start. Councilmember Colson asked if the Lot F and N project would be an 8 a.m. start. CDD Gardiner replied in the affirmative. Councilmember Colson asked about the project at 1095 Rollins Road. CDD Gardiner stated that Hanover has expressed interest in starting at 7 a.m. He noted that North Park Apartments is right next door; therefore this is an instance where an exception could be requested for specific circumstances, however the more blanket 7 a.m. start is not being proposed. Vice Mayor O'Brien Keighran asked what the exception for complying with Caltrans timelines meant. CDD Gardiner explained that this refers to Caltrans jurisdiction over El Camino Real and Highway 101. Mayor Beach opened the item up for public comment. SummerHill Senior Vice President Elaine Breeze stated that SummerHill was in support of staff s suggested amendments. Mayor Beach closed public comment. 8 Burlingame City Council June 1, 2020 Unapproved Minutes Agenda Item 8a Meeting Date: 07/06/2020 Mayor Beach stated that staff s suggestions struck her as reasonable. She noted that she appreciated the questions that Councilmember Colson asked as they outlined that residential neighborhoods would not be affected by staff s proposals. Councilmember Ortiz discussed the complaints that the City received when the pile driving was being done at Burlingame Point. He noted that even though it is on the other side of the freeway, there are still residential neighborhoods close by that were impacted. Accordingly, he stated that he wasn't in favor of modifying construction hours for the Bayfront Commercial, Innovative Industrial, and Rollins Road Mixed Use zones. Councilmember Brownrigg asked if he was correct that Ms. Breeze's top priority out of staffs suggestions would be the 7 a.m. start time. Ms. Breeze replied in the affirmative. Councilmember Brownrigg stated that there is a big difference between some construction activities and others. He suggested stating that during the 7 a.m. to 8 a.m. hour, heavy machinery can't be used. CDD Gardiner stated that the 7 a.m. to 8 a.m. hour could be used as a staging time. Councilmember Ortiz stated that he liked CDD Gardiner's suggestion that the first hour be a staging hour as it would prevent the noisier activities from starting until 8 a.m. CDD Gardiner stated that he would consult with the Chief Building Official and the developers to see what is most practical and how to define staging. Councilmember Colson stated that she was contacted about the project at 1095 Rollins Road. She explained that it sounded like they would still have to start at 8 a.m. because of the North Park Apartments. She stated that the developers noted that they got North Park Apartments to sign off on a 7 a.m. start because of a partnership that has been arranged. Mayor Beach thanked staff for their suggestions and asked if they had received direction. CDD Gardiner replied in the affirmative. c. CITY COUNCIL DIRECTION REGARDING PURCHASING RULE 20A WORK CREDITS AT A DISCOUNTED RATE FOR THE UNDERGROUNDING OF OVERHEAD POWER LINES ON EL CAMINO REAL DPW Murtuza stated that staff is requesting Council's direction regarding purchasing Rule 20A work credits at a discounted rate for the undergrounding of overhead power lines on El Camino Real. DPW Murtuza explained that Caltrans is beginning the environmental phase of the El Camino Real Renewal Project to address safety and infrastructure rehabilitation needs and the historic Eucalyptus Grove preservation. He stated that undergrounding overhead utilities in conjunction with the Caltrans work will be a critical component of the overall project. He explained that the City Council identified the undergrounding 9 Burlingame City Council June 1, 2020 Unapproved Minutes Agenda Item 8a Meeting Date: 07/06/2020 of overhead power lines along El Camino Real as a high -priority project. As a result, in 2019 the Council established the El Camino Real Underground Utility District 2019-1 to initiate proceedings to implement the project. DPW Murtuza stated that staff has estimated the preliminary cost to underground overhead utilities on El Camino Real to be between $25 million and $30 million. He noted that the City currently has approximately $6.5 million in Rule 20A credits. DPW Murtuza stated that there are a variety of funding mechanisms available to implement the undergrounding including: • Formation of an assessment district • General Fund • Purchase of Rule 20A credits from another community He explained that purchasing Rule 20A credits from another community is a common practice. He noted that this practice benefits both communities as credits are often purchased at a discounted rate, while the selling community receives compensation for credits that may not be needed/used. DPW Murtuza stated that CPUC is in the process of reviewing recommendations to reform the Rule 20A program. He noted that they have not yet adopted any new procedures, but they are requesting public comment on some of their suggestions. He stated that one suggestion is to eliminate the practice of communities engaging in the transfer of work credits. He added that the credits would be reallocated according to a new formula that would make it more consistent with undergrounding needs. DPW Murtuza stated that staff suggests that the City purchase Rule 20A work credits from other communities prior to CPUC's final decision on the program. He noted that staff has contacted 44 agencies throughout the State and seven agencies stated that they are willing to sell their credits. He explained that the City has the opportunity to purchase $14 million of Rule 20A work credits at the cost of $7 million. DPW Murtuza discussed the risks associated with purchasing the credits including: • If the El Camino Real Renewal Project does not move forward or is significantly changed to make undergrounding infeasible • The CPUC final ruling on reform to the Rule 20A program could potentially affect existing credits or credits acquired through transfers Vice Mayor O'Brien Keighran asked if the El Camino Real undergrounding doesn't move forward, does staff have other projects in mind for the Rule 20A work credits. DPW Murtuza replied in the affirmative. He noted that Council had previously expressed an interest in undergrounding utilities on Airport Boulevard. Vice Mayor O'Brien Keighran asked if staff knew when CPUC would finalize their decision. DPW Murtuza replied in the negative. City Attorney Kane noted that because CPUC was asking for public comment, she thought that CPUC would be releasing their decision in 2020 or early next year. 10 Burlingame City Council June 1, 2020 Unapproved Minutes Agenda Item 8a Meeting Date: 07/06/2020 Mayor Beach stated that the Rule 20A credits are a hot topic at the League of California Cities. She explained that the League is advocating for not sunsetting this program. She stated that the League had discussed the possibility of the program being phased out over a period of ten years. She asked if this indicated that even if the CPUC sunsets the program, the City would have time to use their credits. DPW Murtuza replied in the affirmative. He noted that staff has come to the same understanding. Councilmember Brownrigg stated that he was confident that even if El Camino Real undergrounding didn't move forward, there were other projects where the City could utilize the Rule 20A work credits. He voiced concern about the possibility of CPUC taking the City's credits under the future program. DPW Murtuza stated that staff talked to several agencies and PG&E about this issue. He noted that it doesn't appear that CPUC is proposing to take away the credits from agencies with active undergrounding districts. Councilmember Brownrigg asked if there was any risk that CPUC might devalue the credits. DPW Murtuza replied that he was unsure as it wasn't a question that had been asked. City Attorney Kane stated that in assessing these risks there are no guarantees. She added that prior to the dissolution of the RDAs, she would have said there is no precedent for the State doing a grab of funds. Therefore, she explained that the City doesn't really know what will happen. However, she noted that because Rule 20A work credits are funded by rate payer dollars, she believed they would be treated differently than General Fund dollars. Councilmember Brownrigg asked if the City runs any risk that PG&E's bankruptcy filing could wipe out the Rule 20A work credits. DPW Murtuza stated that he didn't know. Councilmember Ortiz asked once the City has a project ready to go, how far in advance does the City need to buy the credits. DPW Murtuza stated that the issue is there is currently an increased level of activity between agencies to buy and sell credits. Mayor Beach asked if the City doesn't underground the utilities on El Camino Real, what are the limitations/tradeoffs that the City will see. DPW Murtuza stated that undergrounding the utilities provides safety and aesthetic benefits. Additionally, by undergrounding the utilities, the City would be able to plant and maintain a tree canopy more easily. Councilmember Colson discussed the potential need to put a measure on the ballot to assist in funding the undergrounding of utilities on El Camino Real. Mayor Beach opened the item up for public comment. El Camino Real Task Force member Gaird Schlesinger voiced his support for purchasing additional Rule 20A work credits to underground the utilities on El Camino Real. Mayor Beach closed public comment. 11 Burlingame City Council June 1, 2020 Unapproved Minutes Agenda Item 8a Meeting Date: 07/06/2020 Mayor Beach stated that she believed there was about $25 million in the Capital Investment Reserve. She asked what the City's Capital Investment Reserve would look like if the Council approved purchase of the Rule 20A work credits. Finance Director Augustine stated that the Capital Investment Reserve will be at $24.6 million after the Community Center is funded. She explained that the City also needs $15 million for the Broadway Grade Separation project. Therefore, after funding the Community Center and the Broadway Grade Separation, there would be approximately $9.7 million remaining in the Capital Investment Reserve. She added that the City wouldn't be funding the Capital Investment Reserve over the next couple of years. Councilmember Colson stated that the City didn't have the necessary funds to undertake the El Camino Real undergrounding. She explained that the City should determine how to fund the rest of the project prior to purchasing Rule 20A credits. Mayor Beach stated that what she struggles with is that she doesn't know if the City will have this opportunity again to purchase Rule 20A work credits at 50% of the cost. She noted that she agreed with Councilmember Colson that the City would need to cobble together the rest of the funds to get the project done. She stated that she believed the City would have to take this issue to the voters and dip into the General Fund. Councilmember Brownrigg stated that the City must get better at negotiating. He voiced his optimism that the City can get Caltrans to pay 50% of the cost of undergrounding utilities on El Camino Real. Councilmember Brownrigg stated that he believed that several cities in the State are panicking about how to make their budget. Therefore, he suggested that the City may be able to purchase Rule 20A work credits at 20 cents to 30 cents on the dollar. Vice Mayor O'Brien Keighran stated that she has mixed feelings on this issue and asked the City Attorney for her opinion on the risks involved. She added that due to COVID-19, the City's revenues wouldn't be the same for a long time. Therefore, she thought the City should take a conservative approach and hold on to City funds for as long as possible. City Attorney Kane stated that she had the same information as DPW Murtuza and Mayor Beach about the CPUC's ruling on Rule 20A work credits. She stated that she believed the calculated risks are mostly political. She explained that it is the question of how much pull there is to redirect the credits within the State. Councilmember Ortiz stated that under normal circumstances it would be a high priority to underground the utilities. However, because of COVID-19, PG&E's bankruptcy case, and the City's gap in funding, he didn't think the City should purchase the credits. Mayor Beach asked if her colleagues would consider Councilmember Brownrigg's suggestion to offer 20 cents or 30 cents on the dollar. 12 Burlingame City Council June 1, 2020 Unapproved Minutes Agenda Item 8a Meeting Date: 07/06/2020 Vice Mayor O'Brien Keighran stated that because there are so many unknowns, she felt that the change in the purchase amount wouldn't change her mind. Councilmember Colson stated that Councilmember Brownrigg's idea was interesting. She suggested kicking this idea back to the subcommittee to further research: • if the purchase price of 20 cents to 30 cents on the dollar was doable, • if Caltrans would help pay for the project, • risk factors concerning PG&E bankruptcy, and • how to make up the gap in funding. Councilmember Ortiz concurred with Councilmember Colson. Mayor Beach asked if Councilmember Brownrigg would be willing to work on that. Councilmember Brownrigg replied in the affirmative. Vice Mayor O'Brien Keighran stated that she was open to giving the subcommittee time to gather more information. Councilmember Brownrigg stated that the subcommittee could also do a better job of laying out the stakes of undergrounding the utilities. d. UPDATE ON BURLINGAME BACK IN BUSINESS GRANT PROGRAM AND DIRECTION ON NEXT STEPS City Manager Goldman gave an update on the Burlingame Back in Business Grant Program. She stated that in March, the Council agreed to the formation of a subcommittee to develop programs to assist the City's small business community. She explained that Councilmembers Brownrigg and Colson volunteered to serve on this subcommittee. She stated that the subcommittee consulted with local small businesses and regional business support organizations. City Manager Goldman stated that at the April 20 Council meeting, the Council approved the creation and funding of a $500,000 small business grant program for local merchants and businesses. She noted that there were a lot of factors that went into how the grant program was established. She stated that the Council felt it was important to support the community and the small business sector. She explained that the City relies heavily on hotel tax revenue, and therefore the subcommittee felt that it was important to support the sector whose enterprises pay sales tax and/or provide activity and vibrancy to the City's shopping districts and residents. City Manager Goldman explained that the subcommittee worked on the programmatic details of the grant program with SAMCEDA. She noted that at the time, the theory was that the City didn't have the expertise or staffing in house to administer such a program, and SAMCEDA was working on administering a similar grant program on behalf of the County through the SMC Strong Fund. 13 Burlingame City Council June 1, 2020 Unapproved Minutes Agenda Item 8a Meeting Date: 07/06/2020 City Manager Goldman explained that on April 21, the County Board of Supervisors approved SAMCEDA's criteria for the countywide business grant program. She stated that SAMCEDA's criteria was purposefully broad as it covered all types of businesses, provided they had no more than $2.5 million in revenue and no more than ten employees. She explained that Burlingame's criteria was somewhat different and more stringent. The City wanted to allow bigger enterprises (up to $5 million in revenue) to apply, and the City wanted applicants to have a retail storefront open to the public, reflective of the Burlingame program's underlying goal to encourage sales tax -generating businesses and community vibrancy. City Manager Goldman stated that the Burlingame Back in Business Grant Program, as administered by SAMCEDA and the San Mateo Credit Union, made 32 grants of $10,000 each to Burlingame businesses. (One Burlingame business is still pending due to a paperwork issue.) She noted that included in the staff report was a list of the businesses that received funding from either the City's program or the County program. She added that grants were made on a "first in, first awarded basis." She stated that the program was oversubscribed. City Manager Goldman stated that she talked with SAMCEDA President Rosanne Foust earlier in the day; Ms. Foust told her that there are 58 Burlingame businesses in the queue for grants. City Manager Goldman stated that because of the differences between the City and County programs, the subcommittee has raised the question about whether the remaining City funds should stay with SMC Strong or should be utilized for other purposes. She noted that there is approximately $180,000 remaining of City funds that were allotted to the Burlingame Back in Business Grant Program. (The amount is $170,000 if the pending business receives the funding.) City Manager Goldman stated that self -administration of the program is not an option because the City doesn't have the necessary staffing to handle this program, nor does the City want to take possession of documents that contain confidential information. She stated that the Council could decide to keep the funds with SAMCEDA or return the funds to the General Fund. She explained that if the funds are returned to the City, Council could have the subcommittee work with staff on potential options on how to utilize the funds to support the small business community. City Manager Goldman stated that one idea that came out of the subcommittee was to create a program for COVID-19 reopening using the Broadway Facade Grant Improvement Program as a model. She explained that businesses could apply for funding to help purchase personal protective equipment, dividers, and other equipment. She stated that another option is for Council to put the funding towards the costs associated with closing Burlingame Avenue to allow for outdoor dining. Councilmember Ortiz asked if he was correct that if the City kept the funds in the SMC Strong program, the difference would be that the County doesn't require the businesses to have a retail storefront. City Manager Goldman replied in the affirmative. 14 Burlingame City Council June 1, 2020 Unapproved Minutes Agenda Item 8a Meeting Date: 07/06/2020 Councilmember Colson thanked Rosanne Foust for the amazing work that SAMCEDA did to assist Burlingame businesses. She stated that once Ms. Foust realized the process wasn't aligning with the City's goals, Ms. Foust came to the subcommittee to explain the difference. She thanked Ms. Foust for giving the subcommittee a heads up and explaining the options for going forward. Vice Mayor O'Brien Keighran thanked SAMCEDA for their work on the grants for the County. Mayor Beach opened the item up for public comment. SAMCEDA President Rosanne Foust thanked the City for their funding as it helped over 30 Burlingame businesses. She discussed SAMCEDA's support and stated that they would be providing Burlingame with more data about how the City can help their local businesses. Mayor Beach stated that the City Manager mentioned that the program is oversubscribed and that there are 58 Burlingame businesses in the queue. She asked if the City redirected the $180,000 back to the General Fund, how many of the local businesses would be able to obtain County grants. Ms. Foust stated that she spends a part of her day dialing for dollars and conducting outreach. She noted that she will do her best to help as many businesses in the County as she can. Mayor Beach closed public comment. Councilmember Ortiz stated that the Burlingame businesses that are in the queue are expecting the same consideration as those that made it through the queue. He explained that he believed the businesses would be disappointed if the City pulled the funds. Councilmember Ortiz stated that he didn't support withdrawing the money from SAMCEDA. Councilmember Brownrigg thanked SAMCEDA for their hard work. He talked about how impressive it was that SAMCEDA fundraised, outlined the program, and released the funds in such a short amount of time. Councilmember Brownrigg stated that even if the City makes the last 18 grants ($10,000 per grant), there will be a number of Burlingame businesses that will be disappointed. Therefore, he stated that what the City needs to do is think about the best way to utilize the remaining funds. He discussed closing Burlingame Avenue and the costs that would be associated with that project in order to make it successful. Councilmember Brownrigg stated that he supported retrieving the unused funds and putting them towards City programs that will have a broader benefit to the business community. Mayor Beach stated that what she liked about the County program, is that the City had a vision to assist businesses quickly, and the County's program met this immediate need. She added that she also liked the County program because it was trying to assist as many small businesses as possible and kept the Council at arm's length in regards to reviewing and selecting recipients of grants. She noted that if the City kept the $180,000 with SAMCEDA, then 18 more businesses would benefit from the program. 15 Burlingame City Council June 1, 2020 Unapproved Minutes Agenda Item 8a Meeting Date: 07/06/2020 Mayor Beach stated that if a majority of her colleagues would rather remove the funds from SAMCEDA, she would like to see the funds used in a broader more general regard such as closing down Burlingame Avenue. Vice Mayor O'Brien Keighran thanked SAMCEDA. She stated that she believed the City should retrieve the funds so that they could be utilized for programs that fit the Council's original vision. She discussed the State guidelines that businesses will need to follow to reopen. She stated that the City should look into how it can assist businesses in reopening. Therefore, she suggested utilizing the funds to help businesses reopen including purchasing PPE, outdoor seating, partitions, etc. Councilmember Colson stated that when the Council approved the criteria for the Burlingame Back in Business Grant Program, one of the main objectives was for the City to invest funds into businesses that have a retail storefront. She explained that this is because the Council knew that these businesses would drive sales tax. She stated that the County's program allowed for grants to businesses that wouldn't benefit this original objective. She noted that the Burlingame Back in Business subcommittee or Economic Development subcommittee could discuss how best to utilize the remaining $180,000. Councilmember Ortiz voiced his concern about how the remaining $180,000 will be doled out to local businesses. He explained that if the City focuses on reopening Burlingame Avenue, then businesses in the plaza and on Broadway will have issues. He stated that the process must be objective, and the Council can't show a preference to a certain industry or location. Mayor Beach asked if the City retrieves the funds, is it better for the Economic Development subcommittee or the Burlingame Back in Business subcommittee to discuss how to utilize the funds. City Manager Goldman noted that there were benefits to both subcommittees working on this project. Councilmember Brownrigg made a motion that subject to the final account of funds, SAMCEDA will return the remaining City funds, and they will be utilized in programs that broadly assist the Burlingame business community; seconded by Councilmember Colson. The motion passed by roll call vote, 3-2 (Councilmember Ortiz and Mayor Beach voted against). Councilmember Brownrigg suggested having the Economic Development subcommittee work with the local businesses on how best to utilize the remaining funds. Councilmember Colson stated that it made sense to put the decision with the Economic Development Subcommittee since they had administered the Broadway facade grant program. Mayor Beach stated that she agreed with Councilmember Colson that the Economic Development Subcommittee made the most sense. Council agreed to have the Economic Development Subcommittee determine how best to utilize the funds. 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS 16 Burlingame City Council June 1, 2020 Unapproved Minutes Agenda Item 8a Meeting Date: 07/06/2020 a. MAYOR BEACH'S COMMITTEE REPORT b. COUNCILMEMBER COLSON'S COMMITTEE REPORT 12. FUTURE AGENDA ITEMS Councilmember Brownrigg stated that he had become frustrated with the amount of traffic issues that come to Council from citizens. He suggested having the Traffic, Safety and Parking Commission increase their meetings to twice a month. Council agreed to agendize this discussion. Councilmember Colson discussed the need to start enforcing parking limits again. City Manager Goldman stated that it would be part of the June 15 Council agenda. 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.burlin-a�g. 14. ADJOURNMENT Mayor Beach adjourned the meeting at 10:17 p.m. Respectfully submitted, Meaghan Hassel -Shearer City Clerk 17 Burlingame City Council June 1, 2020 Unapproved Minutes Agenda Item 8b Meeting Date: 07/06/2020 CITY C BURLINGAME $AaiEo JLNE O BURLINGAME CITY COUNCIL Unapproved Minutes Special Meeting on June 9, 2020 1. CALL TO ORDER A duly noticed meeting of the Burlingame City Council was held on the above date online at 6:31 p.m. 2. PLEDGE OF ALLEGIANCE TO THE FLAG The pledge of allegiance was led by Mayor Beach. 3. ROLL CALL MEMBERS PRESENT: Beach, Brownrigg, Colson, O'Brien Keighran, Ortiz MEMBERS ABSENT: None 4. REPORT OUT FROM CLOSED SESSION There was no closed session. 5. UPCOMING EVENTS Mayor Beach reviewed the upcoming events taking place in the city. 6. PRESENTATIONS There were no presentations. 7. PUBLIC COMMENT There were no public comments. 8. CONSENT CALENDAR Mayor Beach asked her colleagues and members of the public if they would like to pull any item off the Consent Calendar. No items were pulled. 1 Burlingame City Council June 9, 2020 Unapproved Minutes Agenda Item 8b Meeting Date: 07/06/2020 Councilmember Ortiz made a motion to adopt the Consent Calendar (8a); seconded by Vice Mayor O'Brien Keighran. The motion passed unanimously by roll call vote, 5-0. a. ADOPTION OF A RESOLUTION AUTHORIZING THE MAYOR TO SEND A LETTER OF OPPOSITION REGARDING PROPOSED AMENDMENT TO REVENUE AND TAXATION CODE SECTION 97.2 IN EDUCATION OMNIBUS TRAILER BILL WITH MAY REVISION AMENDMENTS: EXCESS ERAF Finance Director Augustine requested Council adopt Resolution Number 074-2020. 9. PUBLIC HEARING a. PUBLIC HEARING TO CONSIDER THE TEMPORARY STREET CLOSURE OF DOWNTOWN BURLINGAME AVENUE TO FACILITATE SAFE PEDESTRIAN ACTIVITY AND OUTDOOR DINING PURSUANT TO THE LATEST SAN MATEO COUNTY HEALTH ORDER City Manager Goldman explained that since entering into shelter -in -place on March 17, the City's restaurants have only been able to allow takeout and delivery. She stated that the County Health Order was amended to allow for outdoor dining beginning on June 6. The Council has expressed interest in increasing the area that restaurants can operate outside in order to allow for more seating and social distancing. City Manager Goldman stated that both the Economic Development Subcommittee and the Downtown Business Improvement District ("DBID") discussed the possibility of closing Burlingame Avenue to allow for additional seating and social distancing. She thanked DBID President Jenny Keleher for working collaboratively with the City on this program. She added that the DBID issued a survey to its members, and the results are attached to the staff report. DPW Murtuza stated that at the May 28, 2020 Economic Development Subcommittee meeting, the subcommittee discussed a variety of closure options ranging from completely closing off the entire street to just closing a couple of blocks. He noted that the subcommittee also explored short-term and long-term closures. He explained that after an extensive discussion, the Economic Development Subcommittee recommended the following: • Close Burlingame Avenue between EL Camino Real and California Drive from Thursday to Sunday on a weekly basis for a one -month pilot program, and consider an extension if feasible and if it is strongly supported. • Keep Primrose Road and Lorton Avenue open for traffic to minimize potential adverse impacts to traffic circulation, access to parking lots, and deliveries. DPW Murtuza stated that after this discussion, staff was alerted to the State vehicle code requirements regarding street closures. He explained that staff learned that there are specific conditions that need to be met for street closures. However, there is no provision in the code for temporarily closing off a street for a long duration and/or seasonal purposes. He stated that after discussions with the City Attorney, staff 2 Burlingame City Council June 9, 2020 Unapproved Minutes Agenda Item 8b Meeting Date: 07/06/2020 determined that a temporary street closure, for a shorter duration for public health and safety purposes, could be justified. He noted that a lengthy closure may require environmental review under the California Environmental Quality Act ("CEQA"). Therefore, staff is recommending that the Council close off Burlingame Avenue from Friday to Sunday, each week for a one -month duration. DPW Murtuza stated that staff understands the desire to keep Primrose Road and Lorton Avenue open to through traffic. However, staff is concerned about the potential conflict between pedestrians crossing the intersections and motorists. He explained that staff is recommending that the Primrose Road and Lorton Avenue intersections be closed off to motorists to allow for uninterrupted pedestrian crossing at intersections along Burlingame Avenue and to minimize conflicts with motorists. He noted that signs could be set up in advance to help direct traffic. DPW Murtuza stated that staff proposes that Burlingame Avenue be closed to motorists starting at 8 a.m. on Friday through 10 p.m. on Sunday. He explained that the closure would provide for 10-foot wide pedestrian access along the sidewalk on both sides of Burlingame Avenue. He noted that this would allow for ADA compliance. He stated that the restaurants will be able to use a 5-foot wide portion of the sidewalk and the full parking lane for a total of 14 feet along their frontage for outdoor dining purposes on both sides of the street. The middle part of the road, which is 20-feet wide (travel lanes), will be available for additional pedestrian activity and will serve as an emergency response access lane when needed. DPW Murtuza stated that in order to facilitate the safe and orderly implementation of the closure of Burlingame Avenue for outdoor dining, staff created a list of conditions that need to be met. The list was included in the staff report. While not stated specifically the list of conditions is included below as both staff and Council made repeated mention of the conditions. • All restaurants, eateries, retail businesses, and members of the public must abide by the San Mateo County Health Orders with respect to social distancing, masks, etc. • Restaurants must follow the County Health Orders for serving food, including providing PPE (personal protective equipment) for employees, and provide washing stations for patrons. • Restaurants serving alcohol beverages in the City right-of-way must obtain permission from the California Department of Alcoholic Beverage Control (ABC) and submit documentation to the City of Burlingame for approval. • Each restaurant using the right-of-way for outdoor dining is responsible for the safety of their patrons. The City's existing sidewalk encroachment permit template can be adapted to cover the expanded dining areas, and the City Council can direct that the City waive encroachment permit fees for outdoor dining during this program. • The businesses must maintain ADA access at all times. • Each restaurant using the outdoor dining space is responsible for keeping their frontage sidewalk and the parking lane areas clean at all times. • All tables and chairs should be removed from the sidewalk and street at the end of each day. • The City may remove the street closure or make adjustments if it is causing traffic congestion, circulation, and/or parking problems. Additionally, the City may remove the street closure or make adjustments if social distancing/face covering requirements and County Health Orders are not met. Burlingame City Council June 9, 2020 Unapproved Minutes Agenda Item 8b Meeting Date: 07/06/2020 • The DBID will serve as a liaison for this project and will coordinate with merchants and businesses to ensure all the conditions are complied with. DPW Murtuza discussed the loss of approximately 150-160 street parking spaces along Burlingame Avenue and side street intersections as a result of the street closure. He noted that because there are parking lots close by, staff didn't believe this would be an issue. Additionally, he stated that beginning July 1, parking meters will be enforced. Therefore, this will help to improve parking management and increase turnover. DPW Murtuza stated that the street closure will impact staff s regular duties and affect other City services and work programs. He estimated that the cost of setting up and removing the street closure is approximately $10,000 to $12,000 per month. Vice Mayor O'Brien Keighran asked when the garbage pick up occurs on Friday and Saturdays. DPW Murtuza stated that he would get back to Council on the timing. Vice Mayor O'Brien Keighran asked what the tipping point is for increasing the number of days. She noted that while the staff report states that a longer closure would require a CEQA review, the City of San Carlos has decided to close down two blocks of Laurel every day. She stated that San Carlos justified the closure using their Declaration of an Emergency. She added that the City may want to look at other jurisdictions to see how they are justifying their street closures. City Attorney Kane stated that each jurisdiction is trying to figure out how the pre-existing statutory requirements apply in this situation. She noted that on a County call, San Carlos's reasoning was in the minority concerning the applicability of the CEQA exception. She explained that staffs recommendation is based on ensuring that the City is clearly covered. Vice Mayor O'Brien Keighran asked if it was a possibility for the City to continue this program in the future if it is successful. City Attorney Kane replied in the affirmative. Councilmember Colson asked about the condition that restaurants must provide washing stations for patrons. She asked if the restaurants would have to provide outside washing stations or could they use their bathrooms. DPW Murtuza stated that staff doesn't want to control how restaurants are operating as long as they comply with the County Health Order. He added that there needed to be a safe and accessible location for people to wash their hands. Councilmember Colson stated that it would be helpful for the restaurants if the City outlined their options. She explained that she was worried that there would be several different interpretations of the requirements. City Manager Goldman stated that she believed the County was working on this. Councilmember Colson suggested adding additional trash cans on Burlingame Avenue so as to prevent issues during the street closure. She asked if the City is still utilizing valet parking services. DPW Murtuza replied in the negative. He stated that the City suspended that contract because of COVID-19. 4 Burlingame City Council June 9, 2020 Unapproved Minutes Agenda Item 8b Meeting Date: 07/06/2020 Councilmember Colson asked if parking becomes difficult could the City bring that program back. DPW Murtuza replied in the affirmative. Councilmember Colson asked if the City could create a 20 minute stall for food pick up in order to assist the businesses on the side streets. She stated restaurants have voiced concern that people and app companies picking up food won't be able to find a place to park near the restaurant. DPW Murtuza stated that he would look into this issue and see how they can assist businesses on a case by case basis. Councilmember Colson discussed the health order requirements that people wear masks in public and that tables are kept six feet apart. She asked how the City would be enforcing face coverings, the six feet distance between tables, and socializing only within a family unit. DPW Murtuza stated that enforcement would be difficult. He explained that the restaurants are responsible for enforcing the County Health Order. City Manager Goldman added that the County Health Order requires restaurants to have a social distancing plan in place prior to opening. She noted that the City has been reminding restaurants and the public about face masks and the six feet requirement. Councilmember Brownrigg asked about the City purchasing standalone handwashing stations. DPW Murtuza replied in the negative. He explained that for now, staff feels that the restaurants should be in charge of this requirement. Councilmember Brownrigg discussed the possibility of having DBID manage the standalone handwashing stations if the City were to purchase them. Councilmember Brownrigg stated that he believed that dedicated parking spaces for restaurant pick-up is important. He suggested having the Economic Development subcommittee create a plan for food delivery pick-ups. Additionally, he asked that the subcommittee look into parklets for Broadway. Councilmember Ortiz stated that he remains concerned about the traffic impact of closing the Burlingame Avenue intersections at Park and Lorton. He noted that the decision is not based on the vehicle code but rather the safety of pedestrians crossing the street. He asked if bicycles would be allowed on the closed street. DPW Murtuza stated that this is complicated. He explained that he could imagine issues arising as pedestrians try to move about the closed street. He added that it is important to first see what happens and then the City could consider expanding the program. He noted that the median of Burlingame Avenue also needed to be kept open for safety vehicles. Councilmember Ortiz asked if the idea would be to have signage that bicycles would need to be walked down Burlingame Avenue. DPW Murtuza stated that he would look into that. Mayor Beach asked if there was any traction among the restaurant community to have third party outsourcing to do clean up or is every restaurant going to handle their own area. DBID President Jenny Keleher stated that DBID hasn't discussed this issue. Mayor Beach opened the item up for public comment. 5 Burlingame City Council June 9, 2020 Unapproved Minutes Agenda Item 8b Meeting Date: 07/06/2020 Sam Malouf voiced concerns about the program. He asked where people would park and would parking issues deter more people from visiting the downtown district. (comment submitted via Zoom chat). Jenny Keleher stated that she was currently visiting a region of California that allows indoor dining. She talked about the set up and how this could be done in Burlingame for outdoor dining. (comment submitted via Zoom chat). John Kevranian asked if the City was considering closing Broadway for outdoor dining since there are 27 food establishments on the street. (comment submitted via Zoom chat). Sandra Lang voiced concern about ensuring that the community wears face coverings while outside especially as more people leave their homes. (comment submitted via publiccomment(&burlin ag me.org). TSP Commissioner Howard Wettan discussed food delivery and asked that the Council plan for distribution points for food pick-up. (comment submitted via publiccommentgburlin a�g). Annie Kendall, the General Manager of Athleta, voiced her support for closing Burlingame Avenue. (comment submitted via publiccomment(&burlin ag me.org). Cintia Calevoso voiced her support for the closure of Burlingame Avenue as she felt it would help local businesses and the community. (comment submitted via publiccommentkburlin_a�g). Kathryn Howe discussed the work that had been done in Santa Barbara to close streets and how it had helped businesses. (comment submitted via publiccoment(d),burlin ag me.org). Nick and Stephanie Delis voiced their support for the proposal. They noted that they believed it complied with the original plans during the Streetscape Project. (comment submitted via publiccomment(d),burlin ag me.org). Jan Robertson voiced her support for the program. (comment submitted via Zoom chat). Peter Comaroto voiced his support for the program and thanked Council for taking action on the matter. BPAC representative Warren Goodrich stated that the committee was excited about the program. Councilmember Brownrigg asked if BPAC had an opinion about cross traffic on Lorton and Primrose and whether the City should allow it for circulation or deny it for pedestrian safety. Mr. Goodrich stated that he thought staff had done a good job outlining why the intersections would be closed. He noted that it is a pilot program, so staff could make changes. Mayor Beach closed public comment. 6 Burlingame City Council June 9, 2020 Unapproved Minutes Agenda Item 8b Meeting Date: 07/06/2020 Mayor Beach discussed whether the City should allow bicycling on Burlingame Avenue during its closure to motorists. She explained that she could see times when it could be allowed. She gave the example of early in the morning when people are heading to the Avenue for their coffee. She noted that because this was a pilot program, bicycling could be added at a later date, if staff felt that it was safe for pedestrians. City Attorney Kane stated that if the Council decides to go forward with the program, the Council's motion should include a finding that the closure is necessary for public health and safety. Mayor Beach asked what the County Health Order states about face coverings in relation to the Burlingame Avenue street closure. City Attorney Kane stated that the default rule is that if an individual can't maintain a six-foot distance from others, then they should wear a mask. She noted that the City is anticipating that it will be difficult to enforce social distancing on the Avenue, and therefore everyone should wear a mask. Mayor Beach re -opened public comment. Alisa Ferrari stated that the protocol from the County is that you must wear your mask inside the restaurant unless you are seated at a table eating and drinking. She stated that the restaurant is required to monitor and enforce social distancing and face masks. Kristen Dumont asked if the small business owners that are not restaurants were consulted about the closing of Burlingame Avenue. DPW Murtuza stated that staff sent notifications to all businesses so that they could participate in the meeting. He added that Ms. Keleher conducted a survey and received responses from non -restaurant businesses. Mayor Beach closed public comment. Councilmember Colson asked if people could park on Park and Lorton. DPW Murtuza replied in the affirmative. He showed a map that displayed where signs would be placed to divert traffic and inform individuals that Burlingame Avenue was closed. Councilmember Colson asked if the City should enforce parking limits in conjunction with the Burlingame Avenue closure. City Manager Goldman stated that the staff report asks the Council to allow for parking meter enforcement beginning July 1. She noted that at the last Council meeting, the Council discussed employees parking all day long on the Avenue. Therefore, the Police Department will be giving warnings and reminding people about the two-hour parking time limit. Councilmember Colson thanked her colleagues and staff for reviewing this proposal. She explained that her kids go to school in a college town where ten blocks are shut down to through traffic. She discussed how vibrant these blocks were and the benefit it added to the community. She stated that she hoped the retailers will see the benefits of closing Burlingame Avenue. 7 Burlingame City Council June 9, 2020 Unapproved Minutes Agenda Item 8b Meeting Date: 07/06/2020 Councilmember Brownrigg stated that he believed this was a great initiative. He asked if he was correct that the proposal wouldn't allow a vehicle to cross Burlingame Avenue on Lorton. DPW Murtuza replied in the affirmative. Councilmember Brownrigg stated that he was concerned about cars getting boxed in on Lorton or Primrose and not being able to turn around. Councilmember Ortiz stated that Councilmember Brownrigg's concern is an important topic. He explained that his preference was to allow for through traffic on Lorton and Primrose and to have the City manage this traffic. However, he noted that he would defer to the staff s recommendation on this matter. Vice Mayor O'Brien Keighran stated that this was discussed at the Economic Development Subcommittee meeting. She noted that after discussions with DPW Murtuza, it became clear that the intersections shouldn't be open in order to ensure pedestrian safety. She explained that her preference was to keep them closed, and if it poses a problem, the City can always reopen these intersections. Councilmember Colson asked if the parking spots near the intersections would be open or if those would be blocked off. DPW Murtuza stated that staffs current thinking is to maximize as many parking spaces as possible. He added that leaving these parking spots open would assist businesses with deliveries and food pickups. Mayor Beach stated that she agreed with the Vice Mayor that the Council should follow staffs suggestion of not having Primrose and Lorton allow through traffic. She discussed conducting public outreach about the program in the eNews and that the City should collect feedback. Councilmember Brownrigg discussed a study on street closures to help businesses. He noted that street closures are more successful in college towns because they have so many people out and about. He stated that the City will be able to use the pilot program to see if it assists local businesses. Councilmember Brownrigg made a motion to approve staff s recommendation based on a finding that the street closure is necessary for the public health and safety of people and in order to meet the public health requirements of social distancing while still assisting local businesses; seconded by Vice Mayor O'Brien Keighran. Mayor Beach stated that the public is willing to embrace this program and wants to assist the City's local businesses. The motion passed unanimously by roll call vote, 5-0. DPW Murtuza stated that the program would start the weekend of June 19 to allow staff time to set up things and ensure that proper signage had been installed. 8 Burlingame City Council June 9, 2020 Unapproved Minutes Agenda Item 8b Meeting Date: 07/06/2020 10. STAFF REPORTS There were no staff reports. 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS There were no Council Committee and Activities Reports. 12. FUTURE AGENDA ITEMS There were no future agenda items. 13. ACKNOWLEDGEMENTS The agendas, packets, and meeting minutes for the Planning Commission, Traffic, Safety & Parking Commission, Beautification Commission, Parks and Recreation Commission, and Library Board of Trustees are available online at www.burlingame.org. a�g. 14. ADJOURNMENT Mayor Beach adjourned the meeting at 8:12 p.m. in memory of Jeannie Gilmore. Respectfully submitted, Meaghan Hassel -Shearer City Clerk 9 Burlingame City Council June 9, 2020 Unapproved Minutes Agenda Item 8c Meeting Date: 07/06/2020 CITY C BURLINGAME $AaiEo JLNE � O BURLINGAME CITY COUNCIL Unapproved Minutes Regular Meeting on June 15, 2020 1. CALL TO ORDER A duly noticed meeting of the Burlingame City Council was held on the above date online at 7:01 p.m. 2. PLEDGE OF ALLEGIANCE TO THE FLAG The pledge of allegiance was led by Mayor Beach. 3. ROLL CALL MEMBERS PRESENT: Beach, Brownrigg, Colson, O'Brien Keighran, Ortiz MEMBERS ABSENT: None 4. REPORT OUT FROM CLOSED SESSION There was no closed session. 5. UPCOMING EVENTS Mayor Beach reviewed the upcoming events taking place in the city. 6. PRESENTATIONS a. NINE SPORT AWARD PRESENTATION Recreation Coordinator Chris Roman stated that one of his duties is to manage BIS's sports program. He explained that the goal of the program is to welcome students of all skill levels, give them the opportunity to develop new skills, enjoy sports, interact with their fellow students, and compete with athletes from neighboring cities. He stated that at the end of each academic year, the City acknowledges those students who participated in three sports each year at BIS. He explained that this year, the City is recognizing students that played eight sports and were registered or scheduled to participate in their ninth sport this spring, but due to social distancing guidelines, they were unable to participate. Burlingame City Council June 15, 2020 Unapproved Minutes Agenda Item 8c Meeting Date: 07/06/2020 Recreation Coordinator Roman recognized the following students as 2020 Nine Sport Award recipients: Miles Chan, Samuel Felton, Emmie Hou, Rohan Kohli, Cole Fleming, Coraline Haggarty, Sylvie Marie Olson, Roka Tsunehara, Eric Breazeale, Ian Gordon, Nicholas Spano, Keziah Gopalla, and Lachlan MacLaren. Mayor Beach congratulated the recipients. 7. PUBLIC COMMENT There were no public comments. 8. CONSENT CALENDAR Mayor Beach asked her colleagues and members of the public if they would like to pull any item off the Consent Calendar. Vice Mayor O'Brien Keighran pulled 8£ Councilmember Brownrigg pulled 8a. Councilmember Ortiz made a motion to adopt 8b, 8c, 8d, 8e, and 8g; seconded by Vice Mayor O'Brien Keighran. Councilmember Brownrigg noted that 8c is to approve personnel changes and salary schedules for the upcoming fiscal year. He explained that due to the City's fiscal prudence in the past, the City is able to keep services at a high quality. The motion passed unanimously by roll call vote, 5-0. a. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A $1,694,447 AGREEMENT WITH SUAREZ AND MUNOZ CONSTRUCTION, INC. FOR THE INSTALLATION OF THE RAY PARK FIELD AND PARKING LOT, CITY PROJECT 85750 Councilmember Brownrigg asked how long Ray Park would be offline. Parks and Recreation Director Glomstad stated that staff is hoping to have the project done by the end of the year. She noted that the field would be ready for Burlingame Girls Softball in spring 2021. Councilmember Brownrigg asked if this meant that people wouldn't be able to walk on the grass between when the project starts and spring 2021. Parks and Recreation Director Glomstad replied in the affirmative but noted that construction wouldn't start until February 2021. Councilmember Brownrigg suggested putting up posters that alert the public that they won't be able to use Ray Park between February and spring 2021. 2 Burlingame City Council June 15, 2020 Unapproved Minutes Agenda Item 8c Meeting Date: 07/06/2020 Councilmember Brownrigg stated that in an era of diminished budget resources, this project has been in the works for a long time. He asked if the City took steps to defer other significant park upgrades. Parks and Recreation Director Glomstad replied in the affirmative. Councilmember Brownrigg explained that the staff report discusses utilizing funds from the Bayview Park Improvement project to fully fund the Ray Park improvements. He discussed the terrible condition of the state lands parcel. He asked how the City can hold the controlling parties accountable and get it cleaned up. Parks and Recreation Director Glomstad stated that State Lands reached out to the new lessee, who promised to clean up the property. Mayor Beach noted that the Ray Park project included parking lot safety improvements. Parks and Recreation Director Glomstad replied in the affirmative. Councilmember Colson discussed the importance of the field upgrades and thanked staff for undertaking the project. Mayor Beach opened the item up for public comment. No one spoke. Councilmember Brownrigg made a motion to adopt Resolution Number 075-2020; seconded by Councilmember Ortiz. The motion passed unanimously by roll call vote, 5-0. b. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO EXTEND THE AGREEMENT FOR JOINT USE, MAINTENANCE, OPERATION, AND FOR MAINTAINING A STRONG COLLABORATIVE RELATIONSHIP BETWEEN THE CITY OF BURLINGAME AND THE BURLINGAME SCHOOL DISTRICT FOR ONE YEAR City Manager Goldman requested Council adopt Resolution Number 076-2020. c. ADOPTION OF A RESOLUTION APPROVING FISCAL YEAR 2020-21 PERSONNEL CHANGES AND ADOPTING SALARY SCHEDULE HR Director Morrison requested Council adopt Resolution Number 077-2020. d. ADOPTION OF A RESOLUTION APPROVING THE TENTATIVE AND FINAL SUBDIVISION MAP (PM 20-04), SUBDIVISION OF LOT 2-A, BLOCK 3, MAP OF TOWN OF BURLINGAME NO. 1 SUBDIVISION AT 21 PARK ROAD DPW Murtuza requested Council adopt Resolution Number 078-2020. e. ADOPTION OF A RESOLUTION ACCEPTING THE 2019 SIDEWALK REPAIR PROGRAM BY J.J.R. CONSTRUCTION INC., CITY PROJECT NUMBER 85520 Burlingame City Council June 15, 2020 Unapproved Minutes Agenda Item 8c Meeting Date: 07/06/2020 DPW Murtuza requested Council adopt Resolution Number 079-2020. f. ADOPTION OF A RESOLUTION REJECTING ALL BIDS RECEIVED FOR THE 2020 STREET RESURFACING PROGRAM, CITY PROJECT NUMBER 85640, AND AUTHORIZING STAFF TO RE -ADVERTISE THE PROJECT Vice Mayor O'Brien Keighran asked about the timeline for putting this project back out to bid. DPW Murtuza stated that staff would be re -advertising the project later in the week. He added that bids would be opened in July. Councilmember Colson asked if a person has a sidewalk issue in front of their house, can they fix it themselves, or would they need to get a permit. DPW Murtuza replied that they would need to get a permit. He added that the permit would not cost the individual any money if it was being done to remove a tripping hazard. However, if the improvements are required as part of their planning approval, they would pay a fee. Mayor Beach opened the item up to public comment. No one spoke. Vice Mayor O'Brien Keighran made a motion to adopt Resolution Number 080-2020; seconded by Councilmember Brownrigg. The motion passed unanimously by roll call vote, 5-0. g. ADOPTION OF RESOLUTIONS AWARDING A CONSTRUCTION CONTRACT TO TRINET CONSTRUCTION, INC., FOR THE CULVERT CROSSING REPAIR PROJECT, PHASE 1, IN THE AMOUNT OF $774,400, AND APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH TANNER PACIFIC, INC. FOR CONSTRUCTION MANAGEMENT SERVICES RELATED TO THE PROJECT IN THE AMOUNT OF $161, 220 DPW Murtuza requested Council adopt Resolution Number 081-2020 and Resolution Number 082-2020. 9. PUBLIC HEARING a. PUBLIC HEARING AND ADOPTION OF A RESOLUTION REDUCING THE 2020 SAN MATEO COUNTY TOURISM BUSINESS IMPROVEMENT DISTRICT ASSESSMENTS ON HOTEL BUSINESSES WITHIN THE DISTRICT City Manager Goldman stated that normally the City handles assessments for the Tourism Business Improvement District ("TBID") in November and December. However, as a result of COVID-19, San Mateo County Silicon Valley Convention and Visitors Bureau asked the City to work with them to reduce the assessments. She explained that during the shelter -in -place, hotels have either been closed or their occupancy rates have dramatically decreased. She stated that the Council is being asked to modify this year's assessments as follows: • Quarter One (calendar year) no change • Quarter Two suspended 4 Burlingame City Council June 15, 2020 Unapproved Minutes Agenda Item 8c Meeting Date: 07/06/2020 • Quarter Three reduced by 50% • Quarter Four reduced by 50% City Manager Goldman stated that because this is off -cycle, staff had the Council adopt an urgency ordinance on May 18 to allow the City to suspend penalties and interest for current assessments and establish June 15 as a hearing date to reduce assessments. Councilmember Colson noted that last year, Palo Alto had discussed withdrawing from TBID. She asked if this situation had been resolved. City Manager Goldman stated that Palo Alto was informed that they had to give Burlingame six months' notice in order to withdraw. She added that Mr. Hutar worked with the Palo Alto Council, and she was unsure of the current status. Mayor Beach opened the public hearing. San Mateo County Silicon Valley Convention and Visitors Bureau President John Hutar thanked the Council and staff for helping them through this situation. He noted that many of the hotels are still closed, but they are optimistic that they will be able to reopen soon for leisure travel. Mr. Hutar stated that they have put a lot of effort into working with Palo Alto in order to give them the attention that they need. He added that they are optimistic that Palo Alto will remain in the TBID. Mayor Beach closed the public hearing. Mayor Beach asked if any protests had been filed with the City. City Clerk Hassel -Shearer replied in the negative. Councilmember Brownrigg asked what Mr. Hutar is seeing in terms of actual occupancy and what experts are predicting in the upcoming year. Mr. Hutar stated that currently the County only allows essential travel. He noted that they have been working on marketing plans for when leisure travel is allowed. He added that they are focusing their marketing efforts on a 200 mile radius because people are tired of being at home but aren't ready to get on a plane yet. He stated that he would be surprised if corporate travel resumed in 2020 and noted that international travel will be the last sector to return. Vice Mayor O'Brien Keighran made a motion to adopt Resolution Number 083-2020; seconded by Councilmember Ortiz. The motion passed unanimously by roll call vote, 5-0. b. PUBLIC HEARING TO CONSIDER PROPOSED AMENDMENTS TO THE BURLINGAME MUNICIPAL CODE TO ALLOW FOR A BUILDING ELECTRIFICATION REACH CODE Sustainability Coordinator Sigalle Michael stated that it was brought to staff s attention that a provision was left out of the proposed ordinance. She explained that revisions would be made to the proposed ordinance, and it would be introduced at the July 6, 2020 Council meeting. 5 Burlingame City Council June 15, 2020 Unapproved Minutes Agenda Item 8c Meeting Date: 07/06/2020 Ms. Michael began with a drawing of the new Community Center. She stated that this building includes all three elements of the proposed reach code: • All electric building • Solar on roof • Electric vehicle (EV) charging stations Ms. Michael explained that reach codes are local amendments that go beyond State requirements for energy efficiency and green building. She stated that reach codes are primarily used to reduce greenhouse gas ("GHG") emissions. Ms. Michael reviewed Burlingame's emissions inventory from 2015: • Transportation — 50% • Natural Gas — 24% • Electricity — 21 % • Solid Waste — 4% • Water and Wastewater— 1% She stated that these numbers are very typical of cities in California. Ms. Michael stated that cities are moving forward with reach codes as a result of the following: • California mandate to be carbon neutral by 2045 • Peninsula Clean Energy ("PCE") set to be GHG free by 2021 • City's Climate Action Plan to reduce approximately 50,000 tons of GHG emissions by 2030 • Technical support and local advocacy Ms. Michael noted that 15 local jurisdictions have adopted reach codes: Brisbane, Campbell, Cupertino, Los Altos Hills, Los Gatos, Menlo Park, Milpitas, Morgan Hill, Mountain View, Pacifica, Palo Alto, San Mateo, San Jose, Saratoga, and San Mateo County. Ms. Michael discussed staff s public outreach including: two Council study sessions, two meetings with developer stakeholders, and two meetings with the CEC of Burlingame. Ms. Michael stated that the City's proposed ordinance is based on Council's direction at the study session, coupled with the PCE/Menlo Park approach. She reviewed the requirements for building electrification under the proposed ordinance. She stated that for new single-family residences, new multi -family buildings, and new commercial buildings, staffs proposal is to require the buildings be all -electric. She explained that this means that no natural gas plumbing will be installed. She added that this requirement applies to single- family residences that undertake gut remodels where more than 50% of the structure valuation is remodeled to include a new kitchen and HVAC system. Ms. Michael explained that there are exceptions to the all -electric requirement: • Projects submitted to the Planning Department or those that received entitlements prior to the effective date of the ordinance (the proposed ordinance stated projects not submitted in error) 6 Burlingame City Council June 15, 2020 Unapproved Minutes Agenda Item 8c Meeting Date: 07/06/2020 • An all -electric compliance pathway for the building under the Energy Code is infeasible • All -electric is infeasible due to outstanding circumstances (such as flood hazard for on -ground transformers) • Non-residential kitchens (restaurants and cafeterias) She noted that for all exceptions granted, appliances must be electrically prewired for future electric appliance installation. Ms. Michael stated that to get an exception, the developer would write a letter to the City's Chief Building Official ("CBO") explaining why they need an exception, what alternatives they looked at, why they found it to be infeasible, and how they will comply with the intention of the reach code. Mayor Beach asked if the first exception is being corrected to state that projects that have already been submitted are exempt from the reach code requirements. Ms. Michael replied in the affirmative. Ms. Michael reviewed the proposed ordinance's requirements for solar. She stated that new single-family residences are required to have solar under CalGreen. She explained that for new multi -family buildings and new commercial buildings, staff is proposing a requirement of a minimum of 5 kilowatt PV system for buildings 10,000 square feet and larger. She added that staff proposes to extend the CalGreen exception to new multi -family buildings and new commercial buildings. The exception states that a development doesn't have to include solar if it is infeasible due to roof size, slope, shading, and other limitations. Ms. Michael reviewed the proposed ordinance's requirements for EV infrastructure: Housing Type EV Infrastructure New Single -Family Residences (1-2 units) • 1 level 2 EV ready space • 1 level 2 EV ready space if two parking spaces exist New Multi -Family Buildings • 10% of units with one level 2 charging • All other units with one level 1 charging; a level 1 outlet may be shared between units • Conduit installed for all units to accommodate potential future level 2 charging demands New Commercial Buildings Office Buildings • 10% of spaces with level 2 charging • 10% with level 1 charging Other New Commercial: • 6% of spaces with level 2 charging • 5% with level 1 charging Ms. Michael explained that a level 2 charging space is a dryer plug or 240 volt space, and a level 1 charging space is a standard outlet. 7 Burlingame City Council June 15, 2020 Unapproved Minutes Agenda Item 8c Meeting Date: 07/06/2020 Ms. Michael reviewed the exceptions to the proposed ordinance's requirements for EV infrastructure: • EV infrastructure costs exceed $4,500 per space • Spaces accessible only by an automated mechanical car parking system • Accessory Dwelling Units/Junior Accessory Dwelling Units without parking facilities • The parking facility has no available commercial power supply • Automated Load Management Systems may be used to decrease electrical services and transformers capacity Councilmember Ortiz noted that at the study session, Council discussed making an exception for water heaters in multi -family units. Ms. Michael explained that it isn't an automatic exception. Instead, it would be applied for through the Building Division. Ms. Michael stated that staff created an FAQ fact sheet. She reviewed the most asked questions. 1. Do all electric buildings cost more to build? She explained that when the City considers adopting a reach code, the California Energy Commission has to approve it. For the Commission to approve the reach code, it must be demonstrated that the code is cost effective over the long-term. She explained that cities have been able to show that reach codes are cost effective by utilizing the California Codes and Standards Program's studies for residential and low commercial buildings. She stated that the studies demonstrate that it is less expensive to build an all -electric building than those that use natural gas. She noted that most of the cost savings are seen in avoiding the natural gas infrastructure and from the long-term efficiency of electric appliances. She stated based on lifetime equipment cost savings,studies found that all -electric single-family homes have an approximate savings of $5,000, and multi -family buildings save $2,300 per unit. 2. Can PCE handle the additional electricity load from reach codes? She explained that PCE analyzed their forecasted load and for 2025, they found at most it will be a 7% increase. She stated that PCE is not anticipating any issue. 3. Will residents accept cooking with electricity instead of natural gas? She explained that many people are used to and comfortable with natural gas cooking. She discussed the benefits of cooking with electricity instead of natural gas: • Electric cooking avoids the burning of fossil fuels and is considered a safer option over natural gas • Induction stoves are growing in popularity and deliver an equal or even improved cooking experience 4. How will all -electric buildings be impacted by power outages? She explained that during power outages, there is no worry about natural gas leaks with all -electric buildings. She noted that all -electric buildings come back online much quicker than buildings with natural gas. She 8 Burlingame City Council June 15, 2020 Unapproved Minutes Agenda Item 8c Meeting Date: 07/06/2020 stated that PCE issued a joint solicitation for the installation of battery storage for their customers. The program will provide reliable power to about 6,000 homes through the use of backup battery storage during power outages. 5. Are incentives available for all -electric buildings? She explained that currently the City doesn't have incentives for all -electric. She stated that all -electric is less expensive, and once developers learn about it, they'll see the cost savings and benefits of going all - electric. Ms. Michael reviewed a bar chart showing the City's estimated reduction of GHG emissions from 2015 to 2020. She stated that the City has about 14 new single-family homes per year; this number includes major remodels. She added that annually there are approximately one or two multi -family projects and one commercial project. She explained that staff predicts that adoption of the reach code will reduce 3,000 tons of GHG emission by 2030. She added that as building stock gets rebuilt, the GHG emissions will get smaller and smaller. Vice Mayor O'Brien Keighran discussed the letter that an applicant would write to the Chief Building Official to request an exception to the reach code requirements. She noted that in commercial buildings, gas stoves would be allowed and asked if commercial developers would have to write a letter requesting this exception. Ms. Michael replied in the affirmative. She stated that staff wanted restaurants to at least consider the option of electric. Vice Mayor O'Brien Keighran asked how long the exception process would take and how a developer could appeal the City's decision. CBO Rick Caro stated that the process would be fairly quick, and if the developer wanted to appeal his decision, they would go to the Planning Commission. Vice Mayor O'Brien Keighran stated that there was a lot of discussion on gas stoves at the Council study session. She explained that she was disappointed that these discussions were not included in the staff report. She noted that there were a lot of citizens that wanted a gas stove versus electric. She added that there was also concern about gas fireplaces and fire pits. Ms. Michael explained that at the last study session, a consensus was reached by three members of Council to move forward with the requirement for all -electric in single-family homes and multi -family dwellings without an exception for cooking. She added that if an appliance doesn't require installation of the infrastructure for natural gas, then it would be allowed. Vice Mayor O'Brien Keighran asked if the outdoor fireplaces would have to be electric. Ms. Michael stated that if they rely on natural gas infrastructure, then they wouldn't be allowed. Vice Mayor O'Brien Keighran asked that in the future staff include a summary of Council's discussion when there is a divide in opinions. Councilmember Ortiz stated that in situations where the proper electric alternative doesn't exist, then it should be allowed as an exception. He discussed centralized boilers, fireplaces, and fire pits. He asked what 9 Burlingame City Council June 15, 2020 Unapproved Minutes Agenda Item 8c Meeting Date: 07/06/2020 the alternative is for a gas furnace. PCE consultant Farhad Farahmand stated the alternative is a heat pump technology, which is basically an air conditioner that runs in reverse. Councilmember Ortiz asked about the cost of the heat pump technology versus a gas furnace. Mr. Farahmand stated it is less expensive if you are looking to purchase both an air conditioner and a furnace. Councilmember Colson discussed the gas stove exception for commercial kitchens. She expressed concern about requiring developers to apply for an exception and what criteria would be used to evaluate their request. She explained that different cultures require gas stoves to cook their food. Accordingly, she thought it was best to allow restaurants to choose whether to install a gas or electric stove without requesting an exception from the City. Councilmember Colson discussed the requirement for all -electric if a single-family remodel is more than 50% of the structure valuation. She asked if this was the assessed value of the house or the market value of the house. CDD Gardiner stated that the municipal code defines the 50% threshold using construction costs. He explained that the construction cost is a number that the City continuously monitors and noted that it is currently at $350 per square foot. He added that the number can increase as a result of higher end finishes or complicated projects. CDD Gardiner explained that the requirement for all -electric is triggered in remodels if the application includes both the 50% threshold and a new kitchen and HVAC system. Therefore, while a second story addition that adds two bedrooms and two baths may cross the 50% threshold, the home would not be required to switch to all -electric. He explained that there is meant to be a nexus with the scale of the project as well as the nature of the work. Councilmember Colson asked CBO Caro about the criteria that would be used to evaluate whether a commercial kitchen could install gas stoves. CBO Caro stated he wouldn't want to complicate it, and therefore if the request fell into one of the listed categories, then it would be approved. Councilmember Colson asked if the list of exceptions was included in the proposed ordinance. Mayor Beach stated that her impression was that there was a lot of discretion in the exceptions for outstanding circumstances like flood hazards. She explained that when she read through the staff report, it seemed to her that a non-residential kitchen for a restaurant is an exception that would be approved. Ms. Michael replied in the affirmative. She noted that staff didn't want the exception to be automatic because they wanted the developer to consider an electric stove. Councilmember Colson stated that the proposed ordinance needed to be clarified to ensure that restaurants would get the exception. She noted that the restaurants have gone through a lot because of COVID-19, and she wanted to ensure that the City worked with restaurants. Councilmember Brownrigg stated that by and large, the proposed ordinance tracks the Menlo Park version of the PCE recommendations. However, he noted Menlo Park's ordinance states that if there is evidence that 10 Burlingame City Council June 15, 2020 Unapproved Minutes Agenda Item 8c Meeting Date: 07/06/2020 trying to meet the requirements will cost the developer more than $400 per unit, then they will be exempted. He stated that this exception was not included in the City's proposed ordinance. Mr. Farahmand stated that this section wasn't actually from Menlo Park. He explained that the Menlo Park model was the building electrification section of the model ordinance, and the provision that Councilmember Brownrigg was referring to was the Electrical Vehicle section. He stated that the strike outs were based on the green building standards. He noted that the City is requiring more EV charging stations. Vice Mayor O'Brien Keighran stated that she was still confused about the exception for restaurants. She asked if she was correct that if a restaurant wanted a gas stove, they could have it. She added that if that's the case, then she didn't think the restaurants should have to request the exception from the City. Mayor Beach concurred with Vice Mayor O'Brien Keighran. Mayor Beach stated that the staff report states that on average, there are about 14 single-family homes and large remodels that would trigger reach code requirements each year. She asked approximately how many remodels each year wouldn't trigger the reach code requirements. CDD Gardiner stated that he would need to get back to Council with a number. However, he explained that if a remodel is done on a 1700 square foot house at $350 per square foot construction cost, the 50% threshold would be $300,000. Therefore, even if a kitchen remodel is $100,000, you wouldn't tip the threshold. Mayor Beach discussed the exception to all -electric if it is infeasible due to outstanding circumstances (such as flood hazard for on -ground transformers). She noted that she was surprised to hear Ms. Michael discuss water heaters as being an exception too. She explained that she thought that water heaters seemed more market or performance driven rather than an outstanding circumstance. She asked how the process safeguards from developers trying to circumvent and respond to market demand versus a real hardship. CDD Gardiner stated that market preference in and of itself would not qualify for an exception. He explained that in the case of centralized boilers instead of individual water heaters, there could be a unique circumstance in relation to the construction type or the types of units that would require a centralized gas water boiler. Councilmember Colson stated that there are a lot of nuances in remodels, and the City needs to be crystal clear on how the reach code will apply. Mayor Beach opened the public hearing. Jeff Londer urged the Council to pass the reach code for new construction in Burlingame. (comment submitted via publiccomment&burlin ag me.org). Suzanne Emerson thanked the Council for considering a strong reach code that will reduce GHG emissions by 3,000 tons by 2030. (comment submitted via publiccomment(kburlin a�g). Bruce Naegel discussed the importance of passing a reach code in order to combat climate change for future generations. (comment submitted via publiccomment(d),burlin ag me.org). 11 Burlingame City Council June 15, 2020 Unapproved Minutes Agenda Item 8c Meeting Date: 07/06/2020 Joe Hamilton urged the Council not to pass the reach code as he believed it to be unnecessarily costly and that more public hearings on this subject are needed. (comment submitted via publiccommentkburlin a�g) Una Kinsella asked if new detached ADUS on properties with an existing primary dwelling need to comply with all -electric and solar requirements. She also asked if a house has two separate projects (totaling 50% value combined) completed within two to five years of each other, does the reach code apply. (comment submitted via publiccomment(&burlin ag me.org). Jennifer LeBlance urged the Council to adopt the reach codes for health, safety, and climate change benefits. (comment submitted via publiccomment&burlin-ag me.org). Zack Anderson asked how the EV charging space requirement relates to the parking space requirement for multi -family projects. (comment submitted via Zoom chat). CDD Gardiner addressed the questions that were asked by the public. He stated that the reach code would apply to a new ADU, but he wasn't sure about solar requirements. Ms. Michael stated that for solar it would depend on CalGreen's requirements. CDD Gardiner stated that for the EV parking space requirement, the percentage that would be required to be EV usable would be based on the number of parking spaces required for the project. Therefore, if the developer builds more than the required number, the percentage that would need to be EV ready wouldn't also increase. Verona Teo urged the Council to adopt the reach code and discussed the importance of moving towards all - electric. Elaine Breeze stated that SummerHill submitted comments to staff earlier in the day about some of the more technical aspects of the ordinance. Dashiell voiced his support for keeping the hardship exemption for restaurants. He discussed his concerns with allowing restaurants to continue cooking with natural gas. Matt Feemster voiced concerns about the ordinance but urged the Council to pass the reach code. Bob Whitehair discussed the importance of passing the reach code and stated that induction stove tops work as well as if not better than gas stove tops. (comment submitted via publiccomment&burlin a�g). Mayor Beach closed public comment. Councilmember Brownrigg stated that in order to counteract climate change, the proposed ordinance would need to be a bit outside people's comfort zone and push them forward. He explained that he felt comfortable with the testimonies from architects and developers at the previous study sessions about the 12 Burlingame City Council June 15, 2020 Unapproved Minutes Agenda Item 8c Meeting Date: 07/06/2020 prevalence of all -electric buildings throughout the country. He noted that he had been a bit conflicted about the requirement for single-family homes. However, he explained that the number of homes that will pass the 50% threshold is miniscule. Councilmember Brownrigg talked about the Council's previous move to require fire sprinklers in new construction. He noted that it added $45,000 to the cost of his home's remodel that is of little fire threat. However, the community was okay with this requirement. He stated that the reach code was similarly an investment in the community's safety and health. Councilmember Colson stated that she was okay with a vast majority of the proposed ordinance. However, because the ordinance would need to come back for introduction, she urged staff to break the proposed ordinance up into three different pieces. She explained that this would allow for Council unity on most parts of the ordinance with discussions on other parts. She stated that she approved of the requirements for EV infrastructure. She noted that PCE is working to incentivize more electric vehicles. She stated that she approved of the solar requirements. Councilmember Colson stated that she would like to review SummerHill's comments on the ordinance prior to making a decision about the all -electric requirements for multi -family buildings. CDD Gardiner stated that SummerHill sent staff a marked up version of the ordinance shortly before the Council meeting. He explained that it is very helpful and that the comments are clarifications. He stated that they aren't challenging the direction or policy approach of the ordinance, and instead are adding clarity. Councilmember Colson stated that she is fine with the requirements for new commercial with the exception of having restaurants write a letter to be able to use a gas stove. She added that she had heard from a lot of constituents that they are concerned that they will be told that they have to take out their gas stoves and put in electric. Additionally, she suggested working with PCE to develop an incentive program around stoves and barbecues. Councilmember Ortiz stated that he believed that the proposed ordinance was a good start. He explained that the one thing he did hear from developers concerned centralized boilers and that there wasn't a good electric solution. He added that he struggles with the single-family residence remodel requirements. He stated that until there is good electric solution for outdoor fire pits and cooking, that requirement will bother him. Vice Mayor O'Brien Keighran stated that in regard to commercial kitchens, she didn't think that it should be mandated that they use electric and have to apply for an exception. Vice Mayor O'Brien Keighran stated that in regard to single-family residences, she thought that an incentivized program versus a mandate would work better. She also noted that technology has not caught up with the mandates such as electric fireplaces versus gas fireplaces. Vice Mayor O'Brien Keighran stated that she has mixed emotions about EV chargers because there are waiting lists for several types of electric cars. Therefore, she was unsure if it should be mandated until 13 Burlingame City Council June 15, 2020 Unapproved Minutes Agenda Item 8c Meeting Date: 07/06/2020 production catches up with the need. She added that she approves of the requirement for new developments to pre -wire because then the developer has the choice. Vice Mayor O'Brien Keighran stated that she heard the same concern as Councilmember Ortiz about centralized boilers. She discussed the disadvantages of all -electric with the increasing amount of power outages. She stated that with more people working from home, it could create power surges. Councilmember Ortiz discussed splitting the ordinance up so that there is an ordinance for commercial, multi -family, and single-family. Mayor Beach stated that if the Council believes there is a climate emergency and the reach codes are something that the City can do at the local policy level to make an impact, then the City should push the envelope and make themselves a little uncomfortable. She added that she was comfortable with the data from staff that it is less expensive to build all -electric, less costly to maintain, better for health and air quality, and a more sustainable source of energy. Mayor Beach stated that for individuals that haven't been following the discussion, she didn't want them to think that the government was going to require them to rip out their gas stoves in their kitchen. She explained that this wasn't what the reach code required. Instead, the reach code focuses on substantial remodels that include kitchen and HVAC construction. She stated that this only affects approximately 14 homes a year. Mayor Beach stated that she believed the proposed ordinance represented a lot of compromises. She explained that she wouldn't have originally approved of the exception for restaurants, but she has come around to the idea. Councilmember Colson stated that she liked Councilmember Ortiz's idea. She explained that there is general consensus on a broad majority of the proposed ordinance. She suggested breaking the ordinance up into three codes: EV charging, solar, and building electrification. She stated that she believed the only place where there was disagreement amongst the Council was on commercial kitchens and single-family new construction. CDD Gardiner stated that staff could break it up into different ordinances. He noted that the items he was hearing a need for clarity on are commercial kitchens, gas fireplaces, and gas firepits. Mayor Beach stated that if there were to be an exception to allow gas fireplaces and fire pits in people's backyards, then new gas lines would need to be installed. She worried that later the owners would use that line for their kitchen. Councilmember Brownrigg stated that he thought it made a lot of sense to pursue the method that Councilmember Ortiz and Councilmember Colson suggested. He stated that he would break up the ordinance based on the type of building: single-family, commercial, and multi -family. He stated that he 14 Burlingame City Council June 15, 2020 Unapproved Minutes Agenda Item 8c Meeting Date: 07/06/2020 believed there was broad based agreement on commercial and multi -family except for the kitchen exception in commercial. Councilmember Brownrigg concurred with Vice Mayor O'Brien Keighran that when the City can do things by incentives it is preferable. Mayor Beach asked if staff had direction. CDD Gardiner replied in the affirmative. c. PUBLIC HEARING AND ADOPTION OF RESOLUTIONS (1) ADOPTING THE FY 2020-21 OPERATING AND CAPITAL BUDGETS AND AUTHORIZING THE FINANCE DIRECTOR TO ASSIGN USES OF FUND BALANCE AMOUNTS: (2) APPROVING THE GANN APPROPRIATION LIMIT; AND (3) APPROVING A CONTRIBUTION TO THE CITY'S PENSION BENEFIT TRUST ACCOUNT WITH PARS Finance Director Augustine stated that this is the third time the Council has reviewed the proposed budget for fiscal year 2020-21. She explained that unfortunately the mid -year report wasn't able to provide the City with a solid base for the upcoming fiscal year. She stated that since the mid -year report, COVID-19 created unprecedented havoc in the economy. She explained that for Burlingame, the combined effects of declines in personal income, travel, and consumer spending equate to a major hit to two of the City's largest revenue sources. The City had to change the way it does business and provides municipal services. Finance Director Augustine reviewed the budget highlights for fiscal year 2020-21. She stated that there has been an economic about-face as a result of COVID-19 which resulted in: • Major shift in City revenues • Eliminated the transfer of funds to the Capital Investment Reserve • Created a reliance on the City's reserves Finance Director Augustine stated that staff had to re-examine the City's budget priorities: • Focus on short-term to determine appropriate fiscal response • Provide day-to-day operations and capital needs required to sustain high quality services • Fund long-term, legally obligated liabilities • Provide for infrastructure needs • Advance planning of longer -term priority initiatives, policies, and strategies Finance Director Augustine discussed an overview of the fiscal year 2020-21 proposed budget. She stated that the proposed budget does the following: • Assumes continued weakness in General Fund revenues throughout the upcoming fiscal year • Reduces CIP transfer out by $6.5 million • Utilizes $2 million of previously set -aside funds for Debt Service of 2019 Lease Revenue Bonds • Eliminates transfer to Capital Investment Reserve • Continues funding for Section 115 Pension Trust Fund ($2.25 million General Fund and nearly $2.8 million city-wide) 15 Burlingame City Council June 15, 2020 Unapproved Minutes Agenda Item 8c Meeting Date: 07/06/2020 • General Fund revenues down 22% from fiscal year 2019-20 adopted budget (roughly $17.3 million) • Total General Fund operating expenditures up 5% from fiscal year 2019-20 adopted budget • Total General Fund balance to decrease $5.2 million ($2.25 million restricted for contribution to Section 115 Pension Trust Fund) Finance Director Augustine reviewed a chart depicting General Fund revenues for the past two years. She noted that the chart showed that the current fiscal year's revenues were adjusted down. She stated that the revenues were more than $15 million less than fiscal year 2018-19. Finance Director Augustine discussed TOT. She reviewed a bar -chart that showed TOT revenues from fiscal year 2018-19 and fiscal year 2019-20 on a monthly basis. She noted that the revenues are severely diminished in the current fiscal year as a result of COVID-19. She stated that the TOT budget projection for fiscal year 2020-21 is $14 million. She explained that this equates to $1.17 million a month. Finance Director Augustine discussed sales tax. She explained that taxable sales for the first half of fiscal year 2019-20 were down 5.2% compared to fiscal year 2018-19. She noted that the Wayfair decision boosted the fourth quarter of 2019 by 5.7%. She stated that different sectors were expected to recover at varying rates throughout fiscal year 2020-21. She explained that the adjusted budget for sales tax this year shows a decline of $3.6 million, which is more than a 20% decrease. She stated that the projected sales tax revenue in fiscal year 2020-21 is $12 million. Finance Director Augustine discussed property taxes. She stated that this is the one bright spot for the City's General Fund revenue. She explained that the projection for the City's property tax was updated on June 1 to include the latest information from the County Assessor's roll. She stated that it shows a major addition to the property tax rolls in recent months, most likely due to the Burlingame Point development. Finance Director Augustine stated that if the COVID-19 recession has an impact on property values, the City won't feel the decline until 2021. She added that secured property taxes are expected to grow at a rate higher than the current fiscal year. The assessed roll grew at 7.3% in the current fiscal year, and it is being reported that next fiscal year, it will have an 11.5% growth. Finance Director Augustine reviewed a pie -chart depicting the City's various revenue sources. The pie -chart showed that TOT would not be the leading revenue source for the City in the upcoming fiscal year as it had been in the past. • Property Tax — 40.9% • Transient Occupancy Tax — 22.8% • Sales and Use Tax — 19.5% • Other Revenue — 16.8% Finance Director Augustine reviewed expenditure highlights for the proposed fiscal year 2020-21 budget: • General Fund expenditures are up compared to the current year's budget • Increases in overall personnel expenditures (2.8%) due to added FTEs and benefit cost increases 16 Burlingame City Council June 15, 2020 Unapproved Minutes Agenda Item 8c Meeting Date: 07/06/2020 • Other operating costs decrease slightly At this point in the presentation, technology difficulties arose which resulted in Finance Director Augustine having to relog into the meeting, and therefore the City Manager took over the presentation. City Manager Goldman reviewed a chart depicting appropriations by program. She noted that there are very small increases in the proposed budget from last year's budget. She explained that salaries and wages are always going to be where the City puts a lot of its money. She stated that the total benefit increase from last year is 5.8%, and the total personnel cost is up 2.8% from last year. City Manager Goldman reviewed the authorized full-time equivalents for the proposed budget. She noted that there are no changes to FTEs in the upcoming fiscal year. Instead the FTE additions were approved in the current fiscal year. City Manager Goldman stated that the projected revenues for fiscal year 2020-21 are $61 million, and projected expenditures are $66 million. She noted that this leaves the City with a deficit of $5 million. She added that the General Fund balance is projected to go from $37.6 million to $32.4 million in the next fiscal year. City Manager Goldman reviewed the Capital Improvement Program for the upcoming fiscal year. She stated that the City has decided to delay some of the projects as a result of the decrease in revenues. However, $3.155 million from the General Fund and $10.95 million from other sources would be used for projects in the City. City Manager Goldman discussed the Capital Investment Reserve. She noted that it was established in fiscal year 2014-15 with $3 million. She stated that the reserve's balance as of June 30, 2020 would be $24.656 million. City Manager Goldman reviewed the Gann appropriation limit. She stated that it places a limit on the growth of expenditures for public programs. She noted that the limit is adjusted annually for changes in cost of living and population. She stated that the City is well within its limit. Mayor Beach opened the public hearing. Julienne Broughton voiced concern about the size of the police department's budget. She asked that the City consider refocusing funds from the police towards other public safety organizations. (comment submitted via publiccomment(d),,burlin-ag me.org). Mayor Beach closed the public hearing. Mayor Beach asked the City Manager if she would like to respond to the public comment. City Manager Goldman stated that the City has a professional police department where most if not all have college 17 Burlingame City Council June 15, 2020 Unapproved Minutes Agenda Item 8c Meeting Date: 07/06/2020 educations. She added that the police are well -trained and work with social service agencies. She stated that the City has forty sworn officers whose work is regularly reviewed. Councilmember Brownrigg made a motion to adopt Resolution Number 084-2020, Resolution Number 085- 2020, and Resolution Number 086-2020; seconded by Councilmember Colson. The motion passed unanimously by roll call vote, 5-0. 10. STAFF REPORTS a. CONSIDERATION OF TWO APPOINTMENTS TO THE LIBRARY BOARD OF TRUSTEES City Manager Goldman stated that there were two vacancies on the Library Board of Trustees due to the expiration of Mike Nagler and Kerbey Altmann's terms. She noted that Kerbey Altmann elected not to reapply, and therefore the application period was extended. She stated that the City received seven applications, and the City Council interviewed all seven applicants on June 2, 2020. The applicants were Mike Nagler, Robin Montoya, William Glass -Husain, Kristin Larson Capkin, Jennifer Johnson, Lindsay Docto, and Cindy Lin. City Manager Goldman stated that the Council would be appointing two people to serve three-year terms ending in June of 2023. Mayor Beach opened up the item for public comment. No one spoke. City Clerk Hassel -Shearer asked that the Council Zoom chat their votes to her. City Clerk Hassel -Shearer read their ballots. During the first round of voting, a majority was reached for Mike Nagler but not for the second seat. Accordingly, the Council discussed the candidates and re -Zoom submitted their ballots for the second seat. Congratulations to Mike Nagler on being re -appointed and congratulations to Kristin Larson Capkin on her appointment. b. ADOPTION OF A RESOLUTION AUTHORIZING MAYOR BEACH TO TAKE FORMER PRESIDENT BARACK OBAMA'S PLEDGE TO ADDRESS POLICE USE OF FORCE POLICIES Mayor Beach moved this item up to before IOa because of the late hour and the public's interest on the item. Mayor Beach noted that the staff report was in response to a lot of important public engagement about use of force policies in police departments across the country. She stated that Police Chief Matteucci, City 18 Burlingame City Council June 15, 2020 Unapproved Minutes Agenda Item 8c Meeting Date: 07/06/2020 Manager Goldman, City Attorney Kane, and she met to discuss whether this would be an appropriate item for the Council to consider. Police Chief Matteucci stated that on June 3, 2020, in response to the tragic death of George Floyd, former President Barack Obama challenged "every mayor in this country to review (its) use of force policies with members of (the) community and commit to report on planned reforms." He explained the pledge consists of four components: 1. Review your police use of force policies 2. Engage your communities by including a diverse range of input, experiences, and stories in your review 3. Report the findings of your review to your community and seek feedback 4. Reform your community's police use of force policies Police Chief Matteucci explained that the City's Police Department contracts with the firm Lexipol to provide police policies. He stated that Lexipol is a California -based firm that specializes in this area. The company provides the City with legally sound policies written by attorneys and experts in the field. He noted that Lexipol also takes input from a variety of additional sources including reform groups. Police Chief Matteucci stated that although staff is confident with the use of force policies that are in place, staff understands and welcomes a transparent and public review of the Police Department's use of force policy. Councilmember Colson thanked the Police Chief for supporting the initiative. She asked how the Police Department will be engaging with the community under the second component of the pledge. Chief Matteucci stated that he thought the City would hold a Zoom Town Hall in order to gather input. Councilmember Colson stated that a Town Hall would be great. She asked that staff conduct public outreach throughout the city in order to get a diversity of opinions. Police Chief Matteucci replied in the affirmative. Mayor Beach asked the Police Chief to talk about the statement that he put out to the community on the City's use of force policy. Police Chief Matteucci stated that during the previous week, he met with the Police Officers Association ("POA") to discuss the City's use of force policy. He explained that at the time, the carotid hold was still in the City's policy. He stated that the Police Department and POA agreed to immediately ban the carotid hold or any type of choke hold. At this point, Mayor Beach began to ask a question; however, technology issues froze her screen, and she had to relog into the meeting. City Manager Goldman asked Police Chief Matteucci to talk more about his meeting with the POA. Police Chief Matteucci stated that although the carotid hold was allowed under the City's policy, it has not been used in the past fifteen years. He added that he also discussed de-escalation practices with the POA. He stated that the City's police officers undergo de-escalation training and practice it when responding to all calls. He noted that it is not in the policy manual, and therefore the POA agreed to put this into the City's policy. 19 Burlingame City Council June 15, 2020 Unapproved Minutes Agenda Item 8c Meeting Date: 07/06/2020 City Manager Goldman asked Police Chief Matteucci to review the trainings that police officers are required to go through on a routine basis. Police Chief Matteucci stated that the police officers go through the following training on a routine basis: • Force Options — He stated that this is training designed to increase awareness of what types of force they should use in a situation, including de-escalation. He explained that this is a simulator training where the officer walks through an actual event and determines how best to handle the situation. • Defensive Tactics — He explained that this training teaches officers about the proper use of self- defense and includes de-escalation. • Tactical Communications — He stated that this training teaches officers different de-escalation techniques and how to foster more positive relationships with the community. • Crisis Intervention Training — He stated that this is to assist officers when they are responding to individuals with mental illness. Mayor Beach stated that it sounds like the Police Chief has instituted important regular trainings and reviews of policies. She thanked the Police Department for their willingness to further review their policies with the community in order to see where the policies can be improved. Vice Mayor O'Brien Keighran asked how often police officers go through the trainings that the Police Chief had discussed. Additionally, she asked what the requirement is for continued education. Police Chief Matteucci stated that the State requires police officers to go through the Force Options training every two years. He noted that the City is fortunate to have a Force Option simulator of its own and therefore, the officers go through it once a year. He noted that officers go through Defensive Tactics training every two years, Tactical Communications training every two years, and Crisis Intervention Training is done regularly. Police Chief Matteucci stated that he failed to mention earlier that officers go through Bias Training, which the State requires every five years. Mayor Beach asked if she was correct that last year the City implemented Hate Crime training for all officers. Police Chief Matteucci replied in the affirmative. He noted that it is not a State requirement; however, staff felt it was important because of incidents that had occurred in the city. Mayor Beach opened the item up for public comment. Chowning Poppler voiced her support for signing on to President Obama's pledge. She listed the names of 25 individuals who had died at the hands of law enforcement in San Mateo County in the past twenty years. (comment submitted via publiccomment&burlin _ ag me.org). Scot Rohrer voiced support for signing on to President Obama's pledge and asked how the City goes about changing its use of force policy if it is drafted by an outside company. (comment submitted via publiccommentgburlin a�g). 20 Burlingame City Council June 15, 2020 Unapproved Minutes Agenda Item 8c Meeting Date: 07/06/2020 Kayla Bauhaus asked what the timeline would be for reviewing the Burlingame Police Department's use of force policy. She thanked the City for being open to reviewing its policy and working with the community. (comment submitted via publiccomment&burlin _ ag me.org). Arne Hurty asked the City to audit the Police Department and consider utilizing organizations with social service expertise to assist the community. (comment submitted via publiccomment(&burlin ame.org). Mayor Beach closed public comment. Councilmember Ortiz voiced support for the Police Department. He noted that it is important that the City take this time to step back and review the Police Department's use of force policies. Councilmember Colson stated that in 1998, the Police Department had more officers than it has today. She explained that the Police Department had been thoughtful about adding costs to the City's budget. Police Chief Matteucci stated that the Police Department's budget was trimmed in 2001 and then again after the housing crisis. He explained that in 1991, the Police Department had 51 officers, and up until a few years ago they had 37. City Manager Goldman stated that in recent years, the City had added new police officer positions, but that the increases had been done in a thoughtful manner. She explained that the City created a community response team with two of the new positions. This team's job is to work regularly with the public and the business community and be a familiar face to all. She added that after the Council and staff held meetings with different community groups about what improvements were needed in the City, a majority of people asked for additional police resources. Accordingly, the Council approved using Measure I funds to fund a new police officer position. Mayor Beach asked if the Community Response Team are the officers that go out when neighborhoods want the police to come and talk to their community organizations and block parties. Police Chief Matteucci replied in the affirmative. Vice Mayor O'Brien Keighran stated that the City's Police Department has been very responsive. She noted that any time she has called the department with constituent asks, the Police Department quickly responds. Vice Mayor O'Brien Keighran asked what the timeline would be for the Town Hall. Additionally, she asked if this would be done in one meeting or would there be several meetings. Police Chief Matteucci stated he envisioned a general meeting and then a follow up with more focused conversations. Councilmember Brownrigg voiced his respect for the Police Department and Police Chief. He discussed the concerns that people of color have with police departments. He talked about DeRay McKesson, a leader in the Black Lives Matter movement, and his thought experiment that asks what crime could your child commit where it would be okay for a police officer to use deadly force in response. He stated that he believed the answer was none. 21 Burlingame City Council June 15, 2020 Unapproved Minutes Agenda Item 8c Meeting Date: 07/06/2020 Councilmember Brownrigg discussed the Okobi case and stated that Mr. Okobi's death happened right outside of Burlingame's City limits. He explained that while he believed the City's Police Department did great work, there was a national conversation that was occurring about police departments' use of force policies. He stated that he believed the City could be leaders in this conversation and thought it was important to review the City's own use of force policy. Additionally, he discussed the importance of hiring a diverse staff of officers and to consider whether officers needed to be armed for all calls and interactions with the public. He noted that the National Center for Women and Policing reported that twenty years of exhaustive research demonstrates that women police officers utilize a styling of policing that relies less on physical force and more on communication skills that defuse potentially violent situations. Therefore, women police officers are much less likely to be involved in occurrences of police brutality and much more likely to effectively respond to police calls regarding violence against women, which remains the single largest category of calls to police. He stated that the Police Department's goal should be to have 50% of their officers be female. Councilmember Brownrigg stated that he appreciated that the Police Chief was open to the review. Councilmember Colson stated that she supported the pledge. She discussed how quickly the police department responded to her request to revisit a school district request to send officers out to verify addresses for attendance. She explained that these small adjustments will make the community feel safer. Mayor Beach voiced her appreciation for the Police Department. She thanked them for their assistance during the previous weekend's marches. She noted that she thought the Town Hall could also address the public's questions about partnering with social service agencies and how police misconduct is handled and made public. Councilmember Ortiz made a motion to adopt Resolution Number 087-2020; seconded by Vice Mayor O'Brien Keighran. Councilmember Brownrigg commented on the motion, asking if it can be made clear that the entire Council is requesting that the City join President Obama's pledge. Councilmember Colson asked if the Resolution could be amended so that all members of Council could sign on to it. City Clerk Hassel -Shearer replied in the affirmative. The motion passed unanimously by roll call vote, 5-0. 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS There were no Council Committee and Activities Reports. 12. FUTURE AGENDA ITEMS There were no future agenda items. 22 Burlingame City Council June 15, 2020 Unapproved Minutes Agenda Item 8c Meeting Date: 07/06/2020 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.burlin-a�g. 14. ADJOURNMENT Mayor Beach adjourned the meeting at 10:54 p.m. Respectfully submitted, Meaghan Hassel -Shearer City Clerk 23 Burlingame City Council June 15, 2020 Unapproved Minutes BURL AGENDA NO: 8d STAFF REPORT MEETING DATE: July 6, 2020 To: Honorable Mayor and City Council Date: July 6, 2020 From: Margaret Glomstad, Parks and Recreation Director — (650) 558-7307 Bob Disco, Parks Superintendent/City Arborist Subject: Adoption of a Resolution Authorizing the City Manager to Execute a $312,150 Agreement with Timberline Tree Service, Inc. for the Tree Pruning & Stump Removal for FY 2020-21. City Proiect #51000 RECOMMENDATION Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a $312,150 (plus emergency callouts) agreement with Timberline Tree Service, Inc. for the Tree Pruning & Stump Removal for FY 2020-21, City Project #51000. BACKGROUND Each year, the City utilizes an independent tree contractor to complete work on large stature and sycamore trees. Work in FY 2020-21 includes the pruning of 22 large eucalyptus trees on Burlingame Avenue, four eucalyptus trees in the easement near Carmelita and Vancouver, six eucalyptus trees behind 3 Toledo Court, 35 ash trees on Trousdale, 480 sycamore trees throughout the City, as well as the removal of four eucalyptus trees on Easton Drive. Because of the size of many of the trees, the work requires the use of high climbers as well as aerial lifts. Stump removal and emergency work also will be performed at various locations on an as -needed basis. Crews consisting of two to three fully qualified tree workers, each with a minimum of three years' experience, will have all the equipment necessary to perform the work, including a chipper and truck of sufficient size to accommodate at least one day's wood chips, and access to an aerial lift. The scope of work also includes unforeseen trimming at City owned Public Works facilities and pump stations for the Public Works Department as well as unanticipated emergency trimming and/or removals. DISCUSSION The project was advertised for bids on June 5, 2020 and closed on June 24, 2020. Bidders were instructed to bid a lump sum cost on sections 1-10 described in the scope of work (Exhibit B) which includes tree maintenance, tree removal, and stump removal/grinding throughout the City for a one-year period. Bidders were also asked to include hourly rates for planting, watering and 1 Tree Pruning & Stump Removal Agreement July 6, 2020 emergency callouts. The City reserved the right to select any, all, or none of the section bids, depending upon available funding, and to terminate the agreement based on availability of funds and for failure to perform in accordance with work specifications. The City received four bids in the amounts of $262,150, $299,830, $388,312 and $496,025. Company Base Bid Planting 15 gallon Planting 24" Box Watering per Hour Emergency Callout per Hour Timberline Tree Service, Inc. $262,150 $280 $500 $96 $145 Bay Area Tree Specialists $299,830 $275 $440 $154 $250 Professional Tree Care Co $388,312 $600 $750 $175 $225 West Coast Arborists $496,025 $275 $395 $120 $160 Staff recommends that the base bid, plus up to $50,000 towards planting trees, and emergency callouts as needed be awarded. FISCAL IMPACT The FY 2020-21 Parks Division operating budget has sufficient funds to cover the costs in the tree contract. Exhibits: • Resolution • Scope of Work • Bid Summary • Agreement with Timberline Tree Service, Inc. 2 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE CITY MANAGER TO EXECTURE AN AGREEMENT WITH TIMBERLINE TREE SERVICE, INC. FOR TREE PRUNING & STUMP REMOVAL SERVICES CITY PROJECT #51000 WHEREAS, the City Council approved funds in the FY 2020-21 operating budget for tree pruning/removal and tree stump removal; and WHEREAS, the City of Burlingame has taken appropriate proceedings to authorize such work as provided for in the attached contract; and WHEREAS, a notice was duly published on June 5, 2020 for bids for the Tree Pruning & Stump Removal contract; and WHEREAS, on June 24, 2020, all proposals were received and opened before the City Clerk and representatives of the Parks & Recreation Department; and WHEREAS, Timberline Tree Service, Inc. submitted the lowest responsive and responsible bid for the project in the base bid amount of $262,150.00, up to $50,000 for tree planting, and $145 per hour for emergency callouts as needed; and WHEREAS, under the terms of the bid documents, the City reserves the right to award, and the City shall award, only those portions of the bid items for which the City has funding. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME RESOLVES AS FOLLOWS: 1. The base bid of $262,150.00 is determined to be the lowest responsive and responsible bid for Tree Pruning & Stump Removal contract and it is accepted. 2. The City Manager is authorized to execute an agreement with the low bidder, Timberline Tree Service, Inc., for the performance of the work, in the form attached to this resolution. 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 6th day of July 2020, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Meaghan Hassel -Shearer, City Clerk SCOPE OF WORK FOR 2020-2021 CITY PROJECT NUMBER 51000 CITY OF BURLINGAME TREE PRUNING & STUMP REMOVAL 2020-2021 TREE PRUNING & STUMP REMOVAL 2020-2021 Total cost including all necessary tools, implements, equipment, materials, supplies and labor to prune each specified section to meet the requirements of the Project Description. Section I — Perform crown reduction and thin approximately 22 Eucalyptus trees with a DBH greater than 16" on Burlingame Ave between Carolan Drive and Channing Road. The goal of this section is to reduce the trees to form a smaller, compact tree, remove epicormic shoots and remove potential hazards. The trimming will be heavy and may exceed ANSI Standards. (Several trees will require working around high voltage wires) Section 2 — Reduce, Thin and Trim 4 Eucalyptus trees adjacent to 2103 Carmelita Avenue in 10' easement off Vancouver Avenue. Section 3 — Perform crown reduction and thin 6 Eucalyptus trees behind 3 Toledo Court Section 4 — Perform crown restoration and crown cleaning on approximately 480 Sycamore Trees with an average DBH of 20-22" and 30-70' in height, located between Carolan Ave and Rollins Road between Burlingame Ave and Toyon Drive (See attached map section B) Specific objective is to (1) improve the structural appearance and remove deadwood on all trees; (2) side trim and shape to a natural, upright form. (3) Trees under utility wires that have been trimmed by PG&E shall be restoration pruned to improve structure and appearance. Section 5 — Perform crown reduction, trim and shape approximately 35 Modesto Ash trees between 2100 and 2186 Trousdale. The goal of this section is to reduce and shape each tree, remove deadwood and identify any visible decay. Section 6- Easton Drive Eucalyptus Removals: Trees # 17, 49, 51, 61 All trees are tagged; work includes stump grinding removing and replacing spoils and working near utility lines. Section 7 — Up to $50,000.00 for unanticipated Trimming and/ or Removals $ 50,000.00 Section 8 - Perform up to $10,000.00 trimming for Water Division $ 10,000.00 Section 9— Perform up to $10,000.00 trimming for Public Works Department $ 10,000.00 CITY PROJECT NUMBER 51000 CITY OF BURLINGAME TREE PRUNING & STUMP REMOVAL 2020-2021 STUMP REMOVAL 2020-2021 Section 10 - Bid shall include a lump sum price for the removal of approximately 80 stumps (generally measuring 15 — 48" in diameter), the notification of USA; the removal of grinding spoils; the replacing of soil with approved planting mix; and any necessary tools, implements, equipment, materials, and supplies. Work to be conducted quarterly in: September, December, and March. STUMP REMOVAL TOTAL Bid Alternates: Planting Cost per tree, including all necessary tools, implements, equipment and labor for tree planting. Trees, stakes and ties will be supplied by the City and will not be included in the cost. The City plants approximately 250 - 15 gallon trees and 50 - 24"box trees. All sites shall be notified to Underground Service Alert (USA) prior to digging. All plantings shall be done in accordance with ISA Standards, ANSI A300 and City specifications. Cost: $ per 15gal tree Cost: $ per 24 inch box tree. Watering Hourly Rate per person, including all necessary tools, implements, equipment and labor for watering newly planted trees. $ per hr. Emergency Call -out Hourly Rate per person, including all necessary tools, implements, equipment, materials, supplies and labor, for Emergency Work as specified in Section 14.05 of the Description of Work. Contractor must provide, when requested by the Parks Representative or police dispatcher, a minimum four-hour emergency call -out "basic crew". Contractor shall be available to respond within three hours for the period of the contract emergency work. $ per hr. TOTAL FOR TRIMMING & STUMP REMOVAL SECTIONS (1-10) $ The City of Burlingame reserves the right to select any, all, or none of the section bids, depending upon available funding, from the lowest responsible bidder. Signature of Bidder: Date: BID SUMMARY SHEET CITY PROJECT NUMBER 51000 CITY OF BURLINGAME TREE PRUNING & STUMP REMOVAL 2020-2021 THE LOWEST BID SHALL BE DETERMINED BY THE TOTAL BASE BID FOR SCOPE OF WORK FOR FISCAL YEARS 2020-2021 (SUM OF SECTIONS 1-10) THE CITY RESERVES THE RIGHT TO TERMINATE THE AGREEMENT BASED ON AVAILABILITY OF FUNDING AND FOR FAILURE TO PERFORM IN ACCORDANCE WITH THE BID SPECIFICATIONS Project Manager: Bob Disco, Park Superintendent/City Arborist 850 Burlingame Avenue Burlingame, CA 94010 (650) 558-7334 Bid Submittal: Deliver to: City of Burlingame City Hall Attn. Meaghan Hassel -Shearer, City Clerk 501 Primrose Road Burlingame, CA 94010 Bid Due Date: June 24, 2020 @ 2:00 P.M. Pursuant to Public Contract Code Section 20103.8, the lowest bid shall be determined by the base bid, which is the total bid amount for tree pruning and stump removal for both fiscal years and is the sum of Sections 1-10. TOTAL BASE BID FOR SCOPE OF WORK FOR FISCAL YEARS 2020-2021 (SUM OF SECTIONS 1-10) The following signatures acknowledge receipt and compliance with the above instructions. Return signed copy of Contractor's Bidding Instructions with your bid. Contractor Company Name Contractor Representative Contractor Phone Contractor Email Date BID SUMMARY FY 2020-21 Tree Pruning and Stump Removal Contract BID OPENING 6.24.20 2:30PM ZOOM MEETING ITEM NO. CONTRACTOR TOTAL BASE BID 1 BAY AREA TREE SPECIALISTS $299,830.00 2 WEST COAST ARBORISTS $4969025.00 3 TIMBERLINE TREE SERVICE, INC. $2629150.00 4 PROFESSIONAL TREE CARE CO $388,312.00 5 6 7 AGREEMENT FOR PUBLIC IMPROVEMENT CITY OF BURLINGAME TREE PRUNING & STUMP REMOVAL 2020-2021 CITY PROJECT NO. 51000 THIS AGREEMENT, made in duplicate and entered into in the City of Burlingame, County of San Mateo, State of California on July 6, 2020 by and between the CITY OF BURLINGAME, a Municipal Corporation, hereinafter called "City", and TIMBERLINE TREE SERVICE, INC., hereinafter called "Contractor." WITNESSETH: WHEREAS, City has taken appropriate proceedings to authorize construction of the public work and improvements herein provided for and to authorize execution of this Contract; and WHEREAS, pursuant to State law and City requirements, a notice was duly published for bids for the contract for the improvement hereinafter described; and WHEREAS, on July 6, 2020, after notice duly given, the City Council of Burlingame awarded the contract for the construction of the improvements hereinafter described to Contractor, which the Council found to be the lowest responsive, responsible bidder for these improvements; and WHEREAS, City and Contractor desire to enter into this Agreement for the construction of said improvements. NOW, THEREFORE, IT IS AGREED by the parties hereto as follows: 1. Scope of work. Contractor shall perform the work described in Sections 1-10, Planting, and Emergency Callouts of the Scope of Work for: CITY OF BURLINGAME TREE PRUNING & STUMP REMOVAL 2020-20219 CITY PROJECT NO.51000. 2. The Contract Documents. The complete contract between City and Contractor consists of the following documents: this Agreement; Notice Inviting Sealed Bids, attached hereto as Exhibit A; the accepted Bid Proposal, attached hereto as Exhibit B; the specifications, provisions, addenda, complete plans, profiles, and detailed drawings contained in the bid documents titled CITY OF BURLINGAME AGREEMENT-1 TREE PRUNING & STUMP REMOVAL 2020-2021, CITY PROJECT NO. 51000; the State of California Standard Specifications 2010, as promulgated by the California Department of Transportation; prevailing wage rates of the State of California applicable to this project by State law; and all bonds; which are collectively hereinafter referred to as the Contract Documents. All rights and obligations of City and Contractor are fully set forth and described in the Contract Documents, which are hereby incorporated as if fully set forth herein. All of the above described documents are intended to cooperate so that any work called for in one, and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. 3. Contract Price. The City shall pay, and the Contractor shall accept, in full, payment of the work above agreed to be done, the sum of Two Hundred Sixty Two Thousand One Hundred Fifty dollars ($262,150.00), called the "Base Contract Price", up to Fifty Thousand dollars ($50,000) for tree planting, and $145 per hour for emergency callouts. This price is determined by the lump sum and unit prices contained in Contractor's Bid. In the event authorized work is performed or materials furnished in addition to those set forth in Contractor's Bid and the Specifications, such work and materials will be paid for at the unit prices therein contained. Said amount shall be paid in progress payments as provided in the Contract Documents. 4. Termination At any time and with or without cause, the City may suspend the work or any portion of the work for a period of not more than 90 consecutive calendar days by notice in writing to Contractor that will fix the date on which work will be resumed. Contractor will be granted an adjustment to the Contract Price or an extension of the Time for Completion, or both, directly attributable to any such suspension if Contractor makes a claim therefor was provided in the Contract Documents. The occurrence of any one or more of the following events will justify termination of the contract by the City for cause: (1) Contractor's persistent failure to perform the work in accordance with the Contract Documents; (2) Contractor's disregard of Laws or Regulations of any public body having jurisdiction; (3) Contractor's disregard of the authority of the Engineer; or (4) Contractor's violation in any substantial way of any provision of the Contract Documents. In the case of any one or more of these events, the City, after giving Contractor and Contractor's sureties seven calendar days written notice of the intent to terminate Contractor's services, may initiate termination procedures. Such termination will not affect any rights or remedies of City against Contractor then existing or that accrue thereafter. Any retention or payment of moneys due Contractor will not release Contractor from liability. At the City's sole discretion, AGREEMENT-2 Contractor's services may not be terminated if Contractor begins, within seven calendar days of receipt of such notice of intent to terminate, to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 calendar days of such notice. Upon seven calendar days written notice to Contractor, City may, without cause and without prejudice to any other right or remedy of City, terminate the Contract for City's convenience. In such case, Contractor will be paid for (1) work satisfactorily completed prior the effective date of such termination, (2) furnishing of labor, equipment, and materials in accordance with the Contract Documents in connection with uncompleted work, (3) reasonable expenses directly attributable to termination, and (4) fair and reasonable compensation for associated overhead and profit. No payment will be made on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 5. Provisions Cumulative. The provisions of this Agreement are cumulative and in addition to and not in limitation of any other rights or remedies available to the City. 6. Notices. All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid. Notices required to be given to the City shall be addressed as follows: Margaret Glomstad Parks & Recreation Director 1010 Burlingame Avenue Burlingame, California 94010 Notices required to be given to Contractor shall be addressed as follows: Steve Willett Timberline Tree Service, Inc 350 Lang Road Burlingame, CA 94010 7. Interpretation As used herein, any gender includes the other gender and the singular includes the plural and vice versa. 8. Waiver or Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is AGREEMENT-3 effective unless made in writing and signed by the City and the Contractor. One or more waivers of any term, condition, or other provision of this Agreement by either party shall not be construed as a waiver of a subsequent breach of the same or any other provision. 9. Controlling Law. This Agreement is to be governed by and interpreted in accordance with the laws of the State of California. 10. Successors and Assignees. This Agreement is to be binding on the heirs, successors, and assigns of the parties hereto but may not be assigned by either party without first obtaining the written consent of the other party. I I. Severability. If any term or provision of this Agreement is deemed invalid, void, or unenforceable by any court of lawful jurisdiction, the remaining terms and provisions of the Agreement shall not be affected thereby and shall remain in full force and effect. 12. Indemnification. Contractor shall indemnify, defend, and hold the 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 actual or alleged negligence, recklessness or willful misconduct of Contractor, 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 Contractor 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 by state law. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve Contractor 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. IN WITNESS WHEREOF, two identical counterparts of this Agreement, consisting of five pages, including this page, each of which counterparts shall for all purposes be deemed an AGREEMENT-4 original of this Agreement, have been duly executed by the parties hereinabove named on the day and year first hereinabove written. CITY OF BURLINGAME, a Municipal Corporation By Lisa K. Goldman, City Manager Approved as to form: Kathleen Kane, City Attorney ATTEST: Meaghan Hassel -Shearer, City Clerk "CONTRACTOR" By Print Name: Company Name: AGREEMENT-5 AGENDA NO: 8e BURLINGAME STAFF REPORT MEETING DATE: July 6, 2020 To: Honorable Mayor and City Council Date: July 6, 2020 From: Syed Murtuza, Director of Public Works — (650) 558-7230 Subject: Adoption of Resolutions Awarding a Construction Contract to Anvil Builders Inc., for the 1740 Rollins Road and 842 Cowan Road Pump Station Upgrades in the Amount of $4,189,000, Approving a Professional Services Agreement with Tanner Pacific for Construction Management Services in the Amount of $626,920, and Approving a Professional Services Agreement with Mott MacDonald for Construction Engineering in the Amount of $125,384 RECOMMENDATION Staff recommends that the City Council adopt the attached resolutions for the 1740 Rollins Road and 842 Cowan Road Pump Station Upgrades, City Project Nos. 84820 and 83390 as follows: (1) Award a construction contract to Anvil Builders Inc. in the amount of $4,189,000, and authorize the City Manager to execute the contract; (2) Approve a professional services agreement with Tanner Pacific, Inc. in the amount of $626,920 for construction management services, and authorize the City Manager to execute the agreement; and (3) Approve a professional services agreement with Mott MacDonald in the amount of $125,384 for construction engineering, and authorize the City Manager to execute the agreement. BACKGROUND The upgrades for the 1740 Rollins Road and 842 Cowan Road Pump Stations were identified in the Capital Improvement Program (CIP) as high priority improvements. The 1740 Rollins Road Project consists of one stormwater pump station and one sewage pump station. The second stormwater pump station site is located at 842 Cowan Road and receives flows from both Burlingame and parts of Millbrae. The 842 Cowan Road Pump Station is operated and maintained by the City of Burlingame, but the capital improvements, operation, and 1 Resolution Awarding a Construction Contract and Approving Professional Services July 6, 2020 Agreements for 1740 Rollins Road and 842 Cowan Road Pump Station Upgrades Project maintenance costs are shared between the two municipalities, with 60% as the City of Burlingame share and 40% as the City of Millbrae share. The pump stations were originally constructed in the 1950's, have served their useful life, and are in need of major upgrades. The stormwater drainage pump stations serve the southern portion of Millbrae, the El Portal/Trousdale channels, and Mills Creek watershed in Burlingame. These stormwater pump stations are vital in preventing localized flooding in the upstream watershed and surrounding areas. The sewage pump station services the Rollins Road commercial/industrial area. DISCUSSION The project scope of work consists of site/civil improvements, mechanical, structural, electrical, and instrumentation and control upgrades to two existing stormwater pump stations, and one sanitary sewage pump station. The following work will be performed at each of the two aforementioned pump station sites. 1740 Rollins Road Stormwater Puma Station • Replace four existing old stormwater pumps with two new larger pumps, each with a rated design capacity of 40 million gallons per day (MGD), and two new smaller pumps with a rated design capacity of 20.5 MGD. • Replace an existing standby generator with a new 500kW diesel powered standby generator. Standby generators are required for emergency operations during power outages. • Replace electrical wiring, breakers, and switchgear. • Replace hangers and supports. • Replace access hatches and frames. • Rehabilitate concrete structures. • Replace jockey pump, which pumps nuisance flows. • Rehabilitate stormwater discharge box structure. • Provide bypass pumping during construction. • Provide stormwater pollution prevention measures. • Perform miscellaneous site work. • Perform upgrades to SCADA and controls. • Conduct testing and start-up. 1740 Rollins Road Sanitary Sewer Pump Station • Replace three old dry pit pumps with new submersible pumps, each with a capacity of 1.7 MGD. • Provide protective coatings of the sewer wet -well. • Provide bypass pumping during construction. • Perform upgrades to SCADA and controls. • Conduct testing and start-up. 842 Cowan Road Stormwater Pumo Station 2 Resolution Awarding a Construction Contract and Approving Professional Services July 6, 2020 Agreements for 1740 Rollins Road and 842 Cowan Road Pump Station Upgrades Project • Replace four existing stormwater pumps, with two new larger pumps with a rated design capacity of 32.4 MGD and two smaller pumps with a rated design capacity of 12.9 MGD. • Replace the existing standby generator with a new 450kW diesel powered standby generator. Standby generators are required for emergency operations during power outages. • Replace electrical wiring, breakers, and switchgear. • Replace hangers and supports. • Replace access hatches and frames. • Rehabilitate concrete structures. • Replace jockey pump, which pumps nuisance flows. • Provide bypass pumping during construction. • Provide stormwater pollution prevention measures. • Perform miscellaneous site work. • Perform upgrades to SCADA and controls. • Conduct testing and start-up. Construction Contract The project design was completed and advertised for construction bids on April 28, 2020, and the sealed bids were opened on June 11, 2020. The City received four bid proposals, with base bids ranging from $4,189,000 to $5,169,369. Anvil Builders Inc. is the lowest responsible bidder with its base bid amount of $4,189,000, which is approximately 12% lower than the engineer's estimate of $4,750,000. Staff has reviewed the contractor's proposal, and the contractor has met all the project requirements. The City has no prior experience working with the contractor. However, the contractor has provided references for three similar projects. Staff has verified the references, and they have provided satisfactory feedback on the contractor's work. Professional Services Agreement for Construction Management Services Tanner Pacific, Inc. was selected through a competitive Request for Proposals process. The City received six proposals, and after the evaluation of the proposals, staff determined that Tanner Pacific is the most qualified firm based on their experience with and knowledge of pump station construction methods, coordination of different work components, and testing and startup of the facilities. Staff has negotiated the following scope of professional services with Tanner Pacific for construction management and inspection services in the amount of $626,920. • Review all project contract documents. • Facilitate the construction kick-off meeting. • Coordinate with utilities, residents, businesses, and City Operations and Maintenance (O&M) staff. • Perform preconstruction walk-through. Take photos and videos to document the conditions. • Perform construction administration during construction phase, such as project coordination, document tracking system, and construction administration services. • Perform daily inspections and prepare daily reports. • Coordinate progress meetings during construction. • Coordinate submittal review process. 3 Resolution Awarding a Construction Contract and Approving Professional Services July 6, 2020 Agreements for 1740 Rollins Road and 842 Cowan Road Pump Station Upgrades Project • Coordinate requests for information/clarification process. • Prepare change orders and coordinate change order negotiation and processing. • Perform progress payment review and process progress payments. • Coordinate construction schedule. • Perform field quality control. • Schedule and coordinate the material testing services and have oversight responsibility for the specialty inspections and testing services. • Coordinate pump stations outages. • Prepare a list of required spare parts. • Prepare a list of required O&M manuals. • Coordinate testing and training. • Prepare corrective work items list. • Perform final inspection walk-through and punch -list. • Perform project closeout. Professional Services Agreement for Construction Engineering Services Mott MacDonald was selected to provide construction engineering support during the project construction because of their knowledge of the project design. Additionally, the City has worked with Mott MacDonald on several projects, and the firm has successfully provided engineering support services. Staff has negotiated the following scope of professional services with Mott MacDonald for engineering support during construction in the amount of $125,384. • Provide document review and processing procedures. • Attend pre -construction meeting. • Review and respond to contractor's submittals. • Review and respond to shop drawings. • Review and respond to requests for information and clarifications. • Review and respond to design changes. • Attend meetings during construction period. • Perform site visits during construction. • Prepare as -built drawings. The professional services fee amounts for Tanner Pacific and Mott MacDonald represent approximately 15.0% and 3% of the estimated construction cost, respectively. The fee amounts are consistent with industry standards for construction management and construction engineering based on the scope and complexity of the project involving various components of pump station construction. The project construction is anticipated to begin in July 2020 and is expected to be completed by December 2021 barring construction delays. FISCAL IMPACT Estimated Project Expenditures The following are the estimated project construction expenditures: Construction Contract $4,189,000 0 Resolution Awarding a Construction Contract and Approving Professional Services July 6, 2020 Agreements for 1740 Rollins Road and 842 Cowan Road Pump Station Upgrades Project Construction Management and Inspection (Tanner Pacific) $626,920 Design Support during Construction (Mott MacDonald) $125,384 Construction Contingencies (15%) $741,200 Staff Administration $150,000 Total (rounded to nearest 100): $5,832,500 Funding Availability There are adequate funds available in the Stormwater and Sanitary Sewer Capital Improvement Program to complete the 1740 Rollins Road Pump Station and 842 Cowan Road Pump Station upgrades. Additionally, the City of Millbrae will contribute approximately $850,000 for their portion of the project costs. Exhibits: • Resolution for Construction Contract • Resolution for Professional Services Agreement for Construction Management • Resolution for Professional Services Agreement Construction Engineering • Construction Contract • Professional Services Agreement for Construction Management • Professional Services Agreement Construction Engineering • Bid Summary • Project Location Map 5 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AWARDING A CONSTRUCTION CONTRACT TO ANVIL BUILDERS, INC. FOR THE 1740 ROLLINS ROAD AND 842 COWAN ROAD PUMP STATION UPGRADES PROJECT AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT CITY PROJECT NO. 84820 & 83390 WHEREAS, on April 28, 2020, the City issued notice inviting bid proposals for the 1740 Rollins Road and 842 Cowan Road Pump Station Upgrades, City Project Nos. 84820 and 83390; and WHEREAS, on June 11, 2020, four bid proposals were received and opened before the City Clerk and representatives of the Public Works Department; and WHEREAS, Anvil Builders, Inc. submitted the lowest responsible bid for the job in the amount of $4,189,000. NOW, THEREFORE, be it RESOLVED and ORDERED that: 1. The Plans and Specifications, including all addenda, are approved and adopted; and 2. The bid of Anvil Builders, Inc., for the project in the amount of $4,189,000 is accepted; and 3. A contract be entered into between the successful bidder and the City of Burlingame for the performance of the work, and that the City Manager is authorized on behalf of the City of Burlingame to execute the contract and to approve the faithful performance bond and the labor materials bond required to be furnished by the contractor. 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 6th day of July, 2020, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Meaghan Hassel -Shearer, City Clerk RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING A PROFESSIONAL CONSTRUCION MANAGEMENT SERVICES AGREEMENT WITH TANNER PACIFIC, INC. FOR THE 1740 ROLLINS ROAD AND 842 COWAN ROAD PUMP STATION UPGRADES PROJECT AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT CITY PROJECT NOS. 84820 & 83390 RESOLVED, by the CITY COUNCIL of the City of Burlingame, California which FINDS, ORDERS and DETERMINES AS FOLLOWS: 1. The public interest and convenience require execution of the agreement cited in the title above. 2. The City Manager is authorized to sign said agreement on behalf of the City of Burlingame. 3. The City Clerk is instructed to attest such signature. 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 6tth day of July' 2020 and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Meaghan Hassel -Shearer, City Clerk RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING A PROFESSIONAL CONSTRUCION ENGINEERING SERVICES AGREEMENT WITH MOTT MACDONALD FOR THE 1740 ROLLINS ROAD AND 842 COWAN ROAD PUMP STATION UPGRADES PROJECT AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT CITY PROJECT NOS. 84820 & 83390 RESOLVED, by the CITY COUNCIL of the City of Burlingame, California which FINDS, ORDERS and DETERMINES AS FOLLOWS: 1. The public interest and convenience require execution of the agreement cited in the title above. 2. The City Manager is authorized to sign said agreement on behalf of the City of Burlingame. 3. The City Clerk is instructed to attest such signature. 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 6tth day of July' 2020 and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Meaghan Hassel -Shearer, City Clerk AGREEMENT FOR PUBLIC IMPROVEMENT 1740 ROLLINS ROAD AND 842 COWAN ROAD PUMP STATION UPGRADES THIS AGREEMENT, made in duplicate and entered into in the City of Burlingame, County of San Mateo, State of California on , 2020 by and between the CITY OF BURLINGAME, a Municipal Corporation, hereinafter called "City", and Anvil Builders Inc., a California corporation, hereinafter called "Contractor." WITNESSETH: WHEREAS, City has taken appropriate proceedings to authorize construction of the public work and improvements herein provided for and to authorize execution of this Contract; and WHEREAS, pursuant to State law and City requirements, a notice was duly published for bids for the contract for the improvement hereinafter described; and WHEREAS, on , after notice duly given, the City Council of Burlingame awarded the contract for the construction of the improvements hereinafter described to Contractor, which the Council found to be the lowest responsive, responsible bidder for these improvements; and WHEREAS, City and Contractor desire to enter into this Agreement for the construction of said improvements. NOW, THEREFORE, IT IS AGREED by the parties hereto as follows: 1. Scope of work. Contractor shall perform the work described in those Contract Documents entitled: 1740 ROLLINS ROAD AND 842 COWAN ROAN PUMP STATION UPGRADES PROJECT, CITY PROJECT NOS. 83390 & 84820. 2. The Contract Documents. The complete contract between City and Contractor consists of the following documents: this Agreement; Notice Inviting Sealed Bids, attached hereto as Exhibit A; the accepted Bid Proposal, attached hereto as Exhibit B; the specifications, provisions, addenda, complete plans, profiles, and detailed drawings contained in the bid documents titled 1740 Rollins Road and 842 Cowan Road Pump Station Upgrades Project" attached AGREEMENT-1 as Exhibit C; the State of California Standard Specifications 2010, as promulgated by the California Department of Transportation; prevailing wage rates of the State of California applicable to this project by State law; and all bonds; which are collectively hereinafter referred to as the Contract Documents. All rights and obligations of City and Contractor are fully set forth and described in the Contract Documents, which are hereby incorporated as if fully set forth herein. All of the above described documents are intended to cooperate so that any work called for in one, and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. 3. Contract Price. The City shall pay, and the Contractor shall accept, in full, payment of the work above agreed to be done, the sum of four million and one hundred and eighty nine thousand dollars ($4,189,000), called the "Contract Price". This price is determined by the lump sum and unit prices contained in Contractor's Bid. In the event authorized work is performed or materials furnished in addition to those set forth in Contractor's Bid and the Specifications, such work and materials will be paid for at the unit prices therein contained. Said amount shall be paid in progress payments as provided in the Contract Documents. 4. Termination At any time and with or without cause, the City may suspend the work or any portion of the work for a period of not more than 90 consecutive calendar days by notice in writing to Contractor that will fix the date on which work will be resumed. Contractor will be granted an adjustment to the Contract Price or an extension of the Time for Completion, or both, directly attributable to any such suspension if Contractor makes a claim therefor was provided in the Contract Documents. The occurrence of any one or more of the following events will justify termination of the contract by the City for cause: (1) Contractor's persistent failure to perform the work in accordance with the Contract Documents; (2) Contractor's disregard of Laws or Regulations of any public body having jurisdiction; (3) Contractor's disregard of the authority of the Engineer; or (4) Contractor's violation in any substantial way of any provision of the Contract Documents. In the case of any one or more of these events, the City, after giving Contractor and Contractor's sureties seven calendar days written notice of the intent to terminate Contractor's services, may initiate termination procedures. Such termination will not affect any rights or remedies of City against Contractor then existing or that accrue thereafter. Any retention or payment of moneys due Contractor will not release Contractor from liability. At the City's sole discretion, Contractor's services may AGREEMENT-2 not be terminated if Contractor begins, within seven calendar days of receipt of such notice of intent to terminate, to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 calendar days of such notice. Upon seven calendar days written notice to Contractor, City may, without cause and without prejudice to any other right or remedy of City, terminate the Contract for City's convenience. In such case, Contractor will be paid for (1) work satisfactorily completed prior the effective date of such termination, (2) furnishing of labor, equipment, and materials in accordance with the Contract Documents in connection with uncompleted work, (3) reasonable expenses directly attributable to termination, and (4) fair and reasonable compensation for associated overhead and profit. No payment will be made on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 5. Provisions Cumulative. The provisions of this Agreement are cumulative and in addition to and not in limitation of any other rights or remedies available to the City. 6. Notices. All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid. Notices required to be given to the City shall be addressed as follows: Mahesh Yedluri Senior Civil Engineer City of Burlingame 501 Primrose Road Burlingame, California 94010 Notices required to be given to Contractor shall be addressed as follows: Alan Guy Anvil Builders Inc. 1475 Donner Avenue Second Floor San Francisco, CA 94124 7. Interpretation As used herein, any gender includes the other gender and the singular includes the plural and vice versa. AGREEMENT-3 8. Waiver or Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the City and the Contractor. One or more waivers of any term, condition, or other provision of this Agreement by either party shall not be construed as a waiver of a subsequent breach of the same or any other provision. 9. Controllina Law. This Agreement is to be governed by and interpreted in accordance with the laws of the State of California. 10. Successors and Assianees. This Agreement is to be binding on the heirs, successors, and assigns of the parties hereto but may not be assigned by either party without first obtaining the written consent of the other party. 11. Severability. If any term or provision of this Agreement is deemed invalid, void, or unenforceable by any court of lawful jurisdiction, the remaining terms and provisions of the Agreement shall not be affected thereby and shall remain in full force and effect. 12. Indemnification. Contractor shall indemnify, defend, and hold the 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 actual or alleged negligence, recklessness or willful misconduct of Contractor, 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 Contractor 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 by state law. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve Contractor 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. AGREEMENT-4 IN WITNESS WHEREOF, two identical counterparts of this Agreement, consisting of five pages, including this page, each of which counterparts shall for all purposes be deemed an original of this Agreement, have been duly executed by the parties hereinabove named on the day and year first hereinabove written. CITY OF BURLINGAME, a Municipal Corporation By Lisa K. Goldman, City Manager Approved as to form: Kathleen Kane, City Attorney ATTEST: Meaghan Hassel -Shearer, City Clerk "CONTRACTOR" By Print Name: Anvil Builders Inc. AGREEMENT-5 AGREEMENT FOR PROFESSIONAL CONSTRUCTION MANAGEMENT SERVICES WITH TANNER PACIFIC, INC. FOR THE 1740 ROLLINS ROAD AND 842 COWAN ROAD PUMP STATION UPGRADES PROJECT [a] 11 V41111 :21:Z6a1 *91 i►Byzi7 THIS AGREEMENT is entered into this day of 2020, by and between the City of Burlingame, State of California, herein called the "City", and TANNER PACIFIC, INC. engaged in providing PROFESSIONAL CONSTRUCTION MANAGEMENT SERVICES herein called the "Consultant". RECITALS A. The City is considering conducting activities for consultant engineering services for construction management, inspection, and material testing services for the 1740 Rollins Road and 842 Cowan Road Pump Station Upgrades Project, City Project Nos. 83390 & 84820. B. The City desires to engage a professional engineering consultant to provide construction management, inspection, and material testing services because of Consultant's experience and qualifications to perform the desired work, described in Exhibit A. C. The Consultant represents and affirms that it is qualified and willing to perform the desired work pursuant to this Agreement. AGREEMENTS NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Scope of Services. The Consultant shall provide professional engineering construction management, inspection, and material testing services such as coordinate submittal review, conduct pre -construction meetings, prepare daily inspection reports, manage public relations with residents affected by construction, provide and coordinate material testing, prepare punch list, and as detailed in "Scope of Services" of the attached Exhibit A of this agreement. 2. Time of Performance. The services of the Consultant are to commence upon the execution of this Agreement with completion of all work by January 31, 2022. Page 1 of 8 3. Compliance with Laws. The Consultant shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws. Consultant represents and warrants to City that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, and approvals 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 626 920; and payment shall be based upon City approval of each task. Billing shall include current period and cumulative expenditures to date and shall be accompanied by a detailed explanation of the work performed by whom at what rate and on what date. Also, plans, specifications, documents or other pertinent materials shall be submitted for City review, even if only in partial or draft form. 7. Availability of Records. Consultant shall maintain the records supporting this billing for not less than three (3) years following completion of the work under this Page 2 of 8 Agreement. Consultant shall make these records available to authorized personnel of the City at the Consultant's offices during business hours upon written request of the City. 8. Project Manager. The Project Manager for the Consultant for the work under this Agreement shall be Mike Jaeger, Principal in Charge. 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: Mahesh Yedluri Senior Civil Engineer City of Burlingame 501 Primrose Road Burlingame, CA 94010 To Consultant: Mike Jaeger Principal in Charge Tanner Pacific, Inc. 751 Laurel Street San Carlos, CA 94070 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 Page 3 of 8 for its costs and expenses in preparing for, traveling to, and testifying in such matters at its then current hourly rates of compensation, unless such litigation is brought by Consultant or is based on allegations of Consultant's negligent performance or wrongdoing. 12. Conflict of Interest. Consultant understands that its professional responsibilities is solely to the City. The Consultant has and shall not obtain any holding or interest within the City of Burlingame. Consultant has no business holdings or 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: 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 Page 4 of 8 property damage in a form at least as broad as ISO Occurrence Form CG 0001. ii. Consultant agrees to have and maintain for the duration of the contract, an Automobile Liability insurance policy ensuring him/her and his/her staff to an amount not less than one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage. 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: 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 Page 5 of 8 shall be excess of the Consultant's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 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 Page 6 of 8 expenses in law or equity, including but not limited to attorneys' fees, that may at any time arise, result from, relate to, or be set up because of damages to property or personal injury received by reason of, or in the course of performing work which arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, or any of the 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. Entire Agreement. This Agreement constitutes the complete and exclusive statement of the Agreement between the City and Consultant. No terms, conditions, understandings or agreements purporting to modify or vary this Agreement, unless hereafter made in writing and signed by the party to be bound, shall be binding on either party. Page 7 of 8 IN WITNESS WHEREOF, the City and Consultant have executed this Agreement as of the date indicated on page one (1). City of Burlingame By Lisa K. Goldman City Manager Approved as to form: City Attorney — Kathleen Kane ATTEST: City Clerk - Meaghan Hassel -Shearer "Consultant" Tanner Pacific, Inc.: Print Name: Title: Page 8 of 8 TANNER 751 Laurel Street, Suite 609 PACIFIC San Carlos, CA 94070 EXHIBIT A SCOPE OF SERVICES CONSTRUCTION MANAGEMENT FOR 1740 ROLLINS RD. AND 842 COWAN RD. PUMP STATION UPGRADES A. Preconstruction Phase Tasks 1. Review all project contract documents a. Confirm contractor's traffic control plan meets all requirements. 2. Construction Kick-off Meeting a. TPI will prepare the agenda for the meeting, facilitate the meeting, address administrative and non -design issues, and prepare record of discussions of the meeting for distribution. The City, Mott MacDonald (Mott) and Contractor's team will attend the meeting. Mott will address design issues. b. TPI team will distribute Record of Discussion from the meeting. 3. Coordination with Utilities, Residents, Businesses and City O&M staff a. TPI team will assist City in coordinating with the various utilities, business and residents near the construction sites. b. TPI team field staff will work with contractor's field staff to limit disruption to the surrounding businesses as much as possible. c. TPI team will coordinate access, updates, shutdowns and isolations with City O&M staff responsible for the pump stations. 4. Preconstruction Walk/PhotosNideo a. The CM will conduct preconstruction inspections documenting conditions using digital photographs and video. B. Construction Phase 1. Construction Administration a. Project Coordination: TPI will act as the project coordinator and the point of contact for all communications with the Contractor. The TPI Team will coordinate activities of the Owner, Mott, and Contractor. b. Document Tracking System: TPI will establish, implement and maintain an online system for tracking all correspondence and documents on the Project. TPI will incorporate within the tracking system the means to track the routing of submittals/RFIs to the Owner's other consultants. c. Construction Administration Services: TPI will provide administrative and management services. TPI will receive all correspondence from the Contractor and address all inquiries from the Contractor and construction related (650] 585-4484 phone www.tannerpacific.com correspondence. Mott will be responsible for providing design input. 2. Meetings a. TPI will prepare agenda for progress meetings and other construction meetings required during the Project, which will include weekly meetings with the City staff, Contractor and Mott. b. TPI will facilitate and prepare records of discussions for the progress meetings and other construction related meetings. 3. Submittals a. TPI will establish, implement and coordinate the submittal processing. b. TPI will receive the submittals from the Contractor and check the submittals for general conformity with the Contract requirements. If obvious deficiencies are apparent in the submittal, TPI will send the submittal back to the Contractor for correction. c. TPI will route the submittal to Mott for review and will route the reviewed submittal back to the Contractor. TPI will review comments on the submittals to determine if additional follow-up with the Contractor is warranted and to identify any scope changes. d. TPI will maintain an online log and tracking system for submittals. TPI will track the status of submittal review with Mott and the status of shop drawing resubmittals with the Contractor. e. Mott to review all design related submittals and all submittals for temporary facilities and provide responses per the contract requirements. 4. Request for Information/Clarification Process a. TPI will establish, implement and coordinate an online system for processing requests for design clarifications. b. TPI will receive all requests for information (RFIs) from the Contractor and determine if the request is a valid RFI; if not, TPI will return the RFI to the Contractor. c. TPI will provide a response within 10 days to the Contractor for any administrative and general RFI. d. TPI will electronically route all other RFIs to Mott or the City depending on who is required to respond. e. Mott and the City will review the RFIs provided to them and provide an appropriate response. f. TPI will review the responses, verify acceptability of response and transmit the Clarification Response to the Contractor. g. TPI will maintain an online system for logging and tracking RFIs. (650] 585-4484 phone wwvu.tannerpacific.com h. Mott will prepare Design Clarifications where design issues are identified by TPI, Mott, or the Owner. TPI will prepare the Clarification Letter for transmittal to the Contractor of Mott's Design Clarification and other clarifications. 5. Change Order Preparation, Negotiation & Processing a. TPI will review all change order requests (Owner -initiated and contractor initiated). b. TPI will judge the validity and/or merits of all contractor -initiated change order requests. Contractor initiated change orders deemed unnecessary, or not substantiated by a deficiency in the construction documents will be returned to contractor unapproved with an explanation. c. Mott will prepare design details for change requests. d. TPI will present all change order information, documentation and recommendations to the City for approval to move forward with resolving the specific change request. e. TPI will prepare and issue approved change order requests to the Contractor with the appropriate design documents. f. TPI will prepare an independent cost estimate and/or verify the acceptability of the Contractor's cost proposal for each approved change request. g. In the event the Contractor encounters a time sensitive problem where time is not available to negotiate a settlement, TPI will issue a Field Order, per the City's appropriate approval levels provided by the City. All work done under a Field Order will be completed on a time and material basis. Field Orders will be reviewed and approved with the Owner prior to issuance. h. TPI will negotiate change orders with the Contractor, considering impact to the schedule, as well as, reasonableness of cost, and impact to total project budget. i. TPI will prepare change orders for execution by the City and Contractor. j. TPI will implement and maintain a system for logging and tracking changes. k. TPI will establish and maintain Change Event Files. These files will compile all data related to specific items that arise that may have cost or time impacts. 6. Progress Payment a. TPI will review and process the progress payment requests and determine whether the amount requested reflects the actual status of the Contractor's work in place, materials on site and other contract requirements. b. TPI will verify the Contractor's construction progress as it relates to the progress billing procedure. c. TPI will perform the appropriate administration, preparation and processing of the monthly progress payments so the City can respond in accordance with the time periods set forth in the Public Contract Code. d. TPI will prepare the summary cover sheet for the progress payments which will be executed by the CM, the Contractor and the City. (650] 585-4484 phone wwvu.tannerpacific.com e. TPI will not recommend final payment to the Contractor until we has determined the Contractor has complied with the project closeout requirements, including record documents, warranties, and operations and maintenance manuals. 7. Scheduling a. TPI will review Contractor's initial Baseline schedule submittal to determine whether it is realistic and prepared in accordance with the Contract Documents, that the milestone and Substantial Completion dates meet the overall goal for schedule and that no major conflicts exist. TPI will advise the City of the review determination and provide written comments to the Contractor. b. TPI will review the Contractor's schedule updates and provide written comments to the submitted update. c. TPI will review the impact of change orders on the schedule and consider schedule impacts in negotiations with the Contractor on change orders. d. TPI will review and evaluate the Contractor's requests for Contract Time extension and make written recommendations to the City regarding entitlement and the number of days, if any, to be added to the Contract Time(s). If requested by the City, TPI will provide a written assessment of the time request. TPI in conjunction with the City will negotiate schedule adjustments with the Contractor. 8. Field Quality Control a. TPI will provide field observation services to monitor compliance with the Contract Documents. b. TPI will prepare daily inspection reports documenting observed field activities, field crews, contractor equipment, and field problems. c. TPI will provide and maintain photographs of field activities for status monitoring of the project. d. TPI will monitor record documents on a monthly basis to determine if they are being maintained by the Contractor and are in substantial conformance with TPI's information. e. Special Inspections: TPI will coordinate the materials testing and Special Inspections required to be performed for the Project. 1. Special Inspection and materials testing may include: a. Soils compaction and relevant testing b. Asphalt compaction and relevant testing c. Concrete sampling and testing d. Structural steel welding e. Other inspections or tests, as needed or required 2. The City must determine if these services will be contracted through TPI or the City directly. (650] 585-4484 phone wwvv.tannerpacific.com 9. TPI will schedule and coordinate the material testing services and have oversight responsibility for the specialty inspections and testing services. System Outages a. TPI will review and evaluate the Contractor's outage requests. In conjunction with the City, TPI will assess the reasonableness of the duration of the requested shutdown. b. TPI will facilitate/coordinate shutdowns with the Contractor, City staff and Mott (if needed). c. The City is responsible for reviewing system outage requests, confirming the outage is properly planned, implementing the outage, and bringing services back online after the outage. 10. Means and Methods of Construction a. TPI will not have responsibility for directing the means and methods of construction. The contractor shall be solely responsible for the means and methods of construction. 11. Safety a. TPI will comply with appropriate regulatory, project and Owner regulations regarding necessary safety equipment and procedures used during performance of TPI's work and shall take necessary precautions for safe operation of TPI's work, and the protection of the TPI's personnel from injury and damage from such work. b. Neither the professional activities of TPI, nor the presence of TPI's employees or sub -consultants at the construction/project site, shall relieve the Contractor and any other entity of their obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending, or coordinating their work in accordance with the Contract Documents, City regulations, and any health or safety precautions required by any regulatory agencies. TPI and its personnel have no authority to exercise any control over any Contractor or other entity or their employees in connection with their work or any health or safety precautions. 12. Spare Parts a. TPI will prepare a list of required spare parts from the specifications, inventory spare parts as they are delivered by the Contractor and transfer spare parts to the City. (650] 585-4484 phone wwvv.tannerpacific.com 13. Operation and Maintenance (O&M) Manuals a. TPI will prepare a list of anticipated O&M Manuals and track the submittal and review process similar to "Submittals" above and transfer final copies to the City. 14. Testing and Training a. TPI will coordinate training requirements and activities. b. Mott will provide design assistance during testing operations. c. TPI will work with the Contractor, Mott and the City on the development of the Testing and Startup Plan. d. TPI will provide oversight and administration of training and testing. e. TPI will coordinate the training with the Contractor, Vendor and City staff. f. TPI will observe start-up and testing as the City's representative and maintain copies of start-up documentation in an organized binder that will be turned over at the end of the project. g. TPI will attend training sessions and collect attendance sheets and copies of training material. 15. Corrective Work Item List a. TPI will prepare and maintain a Corrective Work Item list (CWL) with the input from the City and Mott. b. TPI will confirm that the items identified in the CWL are completed in preparation for issuance of Substantial Completion Certificate (SCC). c. TPI will prepare the SCC for execution by the City and the Contractor when the Corrective Work Items are completed to the City's and TPI's satisfaction. C. Project Closeout Phase 1. Final Inspection and Punch -list a. Final Inspection 1. TPI will have primary responsibility for conducting the final inspection. 2. The City will participate and provide input on the final inspection. 3. Mott will provide design input on final inspection items if determined necessary by the City. 4. TPI will be responsible for oversight and final review for the final inspection. b. TPI will prepare the list of outstanding deficiencies. c. TPI will prepare and issue the Punch-list(s) from the list of deficiencies. d. TPI will have primary responsibility for verifying that the Punch -list work is complete. 2. Project Closeout a. Contractor will furnish record documents, which TPI will review and turn over to Mott for conforming and final issuance to City. (650] 585-4484 phone wwvu.tannerpacific.com b. TPI will prepare necessary City documentation recommending acceptance of the completed work by the City. c. TPI will turnover project documentation to the City in an orderly manner and in a timely manner after completion of the project and all Punch -list activities. TPI will retain all Change Event files at the end of the project. d. TPI will provide the City with all project documentation in an electronic, searchable format. (650] 585-4484 phone wwvu.tannerpacific.com EXHIBIT A Cost Proposal for Burlingame Rollins Rd. and Cowan Rd. Pump Station Upgrades: CM and Inspection Services 6/17/20 Personnel/Service IF and Hourly --- Rates 2020 ---- 2021 -------------- ELI --- ---- -------------- --- ---- -------------- --- ---- -------------- --- ---- -------------- --- ---- -------------- --- ---- -------------- --- ---- -------------- --- ---- -------------- --- ---- -------------- Lei --- ---- -------------- Project Reporting/Records Review --- ---- -------------- --- ---- -------------- --- ---- -------------- Project Close --- ---- -------------- --- ---- -------------- --- ---- -------------- --- ---- ----------- -- --- ---- ----------- -- --- ---- ----------- -- - - --- ---- -------------- --- ---- -------------- --- ---- -------------- --- ---- -------------- Principal CM Advisor 8 0 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 CM 8 18 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 16 Engineer 8 24 72 72 72 72 80 80 80 80 80 80 80 80 70 70 70 32 Inspector 8 16 16 16 16 96 96 136 160 160 160 160 160 160 136 136 96 40 NOTES: 1. The proposed budget is based on a 1 month contract time frame with limited effort during non -working times as noted in the contract (Nov - Apr). If the contractor works during these time frames, TPI and the City will need to address the additional expense for staff time during an assumed non -working time frame. 2. Should the contract run longer or more effort is required, TPI labor will be billed on a Time & Material basis in accordance with the current TPI rate sheet. 3. All subconsultants are billed at cost plus 10%. 4. Hourly rates provided represent the 2020-21 rate. This provides the District with one rate for the entire project and no need to modify the budget during the project. 5. The budget does not include a CM office. If an office is required, this will billed based on the monthly rental rate plus 10% AGREEMENT FOR PROFESSIONAL CONSTRUCTION ENGINEERING SUPPORT SERVICES WITH MOTT MACDONALD FOR THE 1740 ROLLINS ROAD AND 842 COWAN ROAD PUMP STATION UPGRADES PROJECT CITY PROJECT NOs. 83390 & 84820 THIS AGREEMENT is entered into this day of 2020, by and between the City of Burlingame, State of California, herein called the "City", and MOTT MACDONALD engaged in providing PROFESSIONAL CONSTRUCTION ENGINEERING SUPPORT services herein called the "Consultant". RECITALS A. The City is considering conducting activities for consultant engineering services for engineering construction support services for the 1740 Rollins Road and 842 Cowan Road Pump Station Upgrades Project, City Project Nos. 83390 & 84820. B. The City desires to engage a professional engineering consultant to provide engineering construction support services because of Consultant's experience and qualifications to perform the desired work, described in Exhibit A. C. The Consultant represents and affirms that it is qualified and willing to perform the desired work pursuant to this Agreement. AGREEMENTS NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Scope of Services. The Consultant shall provide professional engineering construction support services such as review submittals, review design changes, meet with City staff and construction management consultant for construction progress meetings, and as detailed in "Scope of Services" of the attached Exhibit A of this agreement. 2. Time of Performance. The services of the Consultant are to commence upon the execution of this Agreement with completion of all work by January 31, 2022. 3. Compliance with Laws. The Consultant shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws. Page 1 of 8 Consultant represents and warrants to City that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, and approvals 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 125 384; and payment shall be based upon City approval of each task. Billing shall include current period and cumulative expenditures to date and shall be accompanied by a detailed explanation of the work performed by whom at what rate and on what date. Also, plans, specifications, documents or other pertinent materials shall be submitted for City review, even if only in partial or draft form. 7. Availability of Records. Consultant shall maintain the records supporting this billing for not less than three (3) years following completion of the work under this Agreement. Consultant shall make these records available to authorized Page 2 of 8 personnel of the City at the Consultant's offices during business hours upon written request of the City. 8. Project Manager. The Project Manager for the Consultant for the work under this Agreement shall be Thomas Grau, Principal Project Manager. 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: Mahesh Yedluri Senior Civil Engineer City of Burlingame 501 Primrose Road Burlingame, CA 94010 To Consultant: Thomas Grau Principal Project Manager Mott MacDonald 180 Promenade Circle, Suite 300 Sacramento, CA 95834 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 Page 3 of 8 at its then current hourly rates of compensation, unless such litigation is brought by Consultant or is based on allegations of Consultant's negligent performance or wrongdoing. 12. Conflict of Interest. Consultant understands that its professional responsibilities is solely to the City. The Consultant has and shall not obtain any holding or interest within the City of Burlingame. Consultant has no business holdings or 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: 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 Page 4 of 8 property damage in a form at least as broad as ISO Occurrence Form CG 0001. ii. Consultant agrees to have and maintain for the duration of the contract, an Automobile Liability insurance policy ensuring him/her and his/her staff to an amount not less than one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage. 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: 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 Page 5 of 8 shall be excess of the Consultant's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 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 Page 6 of 8 expenses in law or equity, including but not limited to attorneys' fees, that may at any time arise, result from, relate to, or be set up because of damages to property or personal injury received by reason of, or in the course of performing work which arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, or any of the 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. Entire Agreement. This Agreement constitutes the complete and exclusive statement of the Agreement between the City and Consultant. No terms, conditions, understandings or agreements purporting to modify or vary this Agreement, unless hereafter made in writing and signed by the party to be bound, shall be binding on either party. Page 7 of 8 IN WITNESS WHEREOF, the City and Consultant have executed this Agreement as of the date indicated on page one (1). City of Burlingame By Syed Murtuza Public Works Director Approved as to form: City Attorney — Kathleen Kane ATTEST: City Clerk - Meaghan Hassel -Shearer "Consultant" Mott MacDonald Print Name: Title: Page 8 of 8 M MOTT M MACDONALD Exhibit "A" Proposed Scope of Engineering Services During Construction May 2020 City of Burlingame, California 1740 Rollins Road and 842 Cowan Road Pump Station Upgrades City Project Nos. 84820 & 83390 Project Understanding and Overview Mott MacDonald (MM) with Cannon Corporation acting as our subconsultant will provide Engineering Services During Construction for the upgrading of the City of Burlingame's (the City) stormwater and sewage pumping stations as prescribed in the Contract Documents for the 1740 Rollins Road & 842 Cowan Road Pump Station Upgrades dated March 2020. Mott MacDonald served as prime design consultant with Cannon Corporation providing the detailed design for the electrical, instrumentation, and structural aspects of the pump station upgrades. Our two firms, with MM again serving as prime consultant, propose to provide engineering services during construction (ESDC) for the work disciplines which each firm was responsible for during the design phase. It is our understanding that the City will retain third -party firms to provide Construction Management and Field Inspection services as well as miscellaneous materials testing and compaction inspection. MM will coordinate with the City and the Construction Management/Inspection firm to provide the following scope of services on an as -requested basis during the course of the construction phase of the project. The contract completion time for the project is 365 working days, approximately 17 calendar months. Based upon similar projects, MM has included the following general scope items in this proposal: • Preconstruction Phase Services • Construction Phase Services • Post Construction Phase Services Proposed Tasks The proposed scope of services will include the tasks outlined within this section. M MOTT M MACDONALD Preconstruction Phase Document Review and Processing Procedures MM's Document Control System (DCS) will be used on this Project and incorporate existing procedures which the City uses to manage public works construction projects. Where the City already has forms in use, these will be incorporated into the system. The DCS will utilize an electronic database and incorporate electronic transmission of documents wherever possible. Preconstruction Conference It is anticipated that Mott MacDonald will attend the preconstruction conference. The meeting will be organized and chaired by the City and the third -party Construction Management/Inspection firm. A. Construction Phase Submittals/Requests for Information The Contract requires the submission of various types of submittals. The work to which each applies cannot be started until the submittal has been reviewed. This process has the potential to delay the work if the submittal is not received in a timely fashion, is incomplete, or fails to meet the specification. To ensure no significant delay in this area, MM will track a full schedule of what submittals are required under the Contract. The Contractor will be responsible for preparing their own master list of submittals. The submittal schedule will be coordinated with the Contractor's construction schedule so that sufficient time is allowed for the review process. RFIs will be handled similarly. RFIs regarding the design intent or suggested changes with the potential to impact design, will be reviewed by the design team who will issue responses. Others will be dealt with at the site by the Contractor and Construction Management firm. An RFI log will be maintained and updated regularly. Should the response to an RFI appear to have the potential to impact the contract schedule or cost, the issue will be immediately addressed with the City. Where appropriate, alternatives will be suggested and explored. Twenty-five (25) RFI responses are included in the proposed budget. Submittals will be checked to ensure that they are complete and contain the correct references before being entered into the system. Thereafter, their progress through the system will be tracked to keep appropriate parties aware of the submittal's status and the need to maintain schedule. The submittals will be reviewed for conformance with the design. Sixty (60) submittal reviews (including resubmittals) are included in the proposed budget. MM will be mindful of the need to meet the contractual obligations for return of submittal and RFI documents. Wherever possible, we will attempt to expedite the response so that the Contractor has the maximum time at his disposal to process the information provided and to factor it into his schedule. Where necessary, responses to submittals and RFIs will be formalized with a directive such as a change notice or field instruction if there are implications to the scope of work. 2 M MOTT M MACDONALD Under the terms of the contract, notification of any changes or potential changes are required to be given by the Contractor. When requested, MM will coordinate with the City and then respond on both the condition cited for the request and possible impacts on the Contractors' operations. In this manner, information will be gathered that will allow for a determination of the merit of the request and quantification of the Contractors' losses, if any. MM will make a preliminary assessment of the situation to identify whether additional resources or measures will be necessary for the process. These might include such things as testing for hazardous waste or additional compaction testing. Issues that have the potential to impact the time and cost of the Project will be given issue status and be addressed. Assistance with evaluation and response to four (4) Change Order Requests are included in the proposed budget. Miscellaneous Meetings and Site Visits MM will attend miscellaneous site visits and construction progress meetings on an as -requested basis during the course of the construction project when needed to respond to questions on design intent, assist in resolving alleged changed conditions, and for similar unanticipated conditions. The meetings will be organized and chaired by the City and the third -party Construction Management/Inspection firm. Four (4) miscellaneous progress meetings and sixteen (16) monthly site visits are included in the proposed budget. Document Control The Document Control System (DCS) described in the Pre -construction Phase will include a filing system. This will also acknowledge existing protocol within the City. Files will be maintained at MM's San Jose office for reference. B. Construction Completion and Closeout Preparation of As -built Plans The Contractor is responsible for incorporating all deviations from Contract Drawings into red -line drawings. The deviations to be recorded shall include change orders, field modifications, differing site conditions, etc. At the end of the project, red -lines will be incorporated into the CAD files, in accordance with City requirements. Items Excluded from Scope of Work The following items are not included in MM's proposed Scope of Work: • Inspection services • Meeting attendance (other than those identified above) • Review of progress payments • Materials testing • Assessment of environmental characteristics at the project sites, particularly those involving hazardous substances M MOTT M MACDONALD • Review of certified payroll (performed by the City) • Supervision of Contractor's health and safety procedures • Review of Shop Drawing Submittals, RFIs, and Change Order Requests beyond the number assumed in the attached Fee Proposal Fees for Proposed Services The foregoing proposed scope of services will be performed on a time and materials, reimbursable, Not - to -Exceed fee basis per the attached Hourly Rate Schedule. Expenses will be invoiced at costs plus a 5% handling fee. The fees proposed to perform the services described above amount to $125,384. The City will be invoiced monthly based on actual hours and costs completed during each billing cycle. Invoices are due and payable within 30 days of presentation. Proposed Schedule The foregoing proposed scope of services will be completed within 18 months of the Contractor's date of authorization of Notice to Proceed. E M MOTT M MACDONALD Schedule of Charges Mott MacDonald Project Specific Hourly Rates Principal -in -Charge $ 310.00 Principal Project Manager (Grade G) $ 280.00 QA/QC (Grades F & G) $ 275.00 Senior Project Engineer / Technical Expert $ 210.00 Senior Engineer $ 200.00 Project Engineer $ 180.00 Engineer IV (Grade D) $ 150.00 Engineer II (Grade C) $130.00 Engineer I / CAD Technician (Grade B) $ 125.00 Administrative Staff $ 95.00 Cannon Corporation Project Specific Hourly Rates Sr. Electrical Engineer $ 198.00 Electrical Engineer $ 169.00 Electrical Designer $ 130.00 Sr. Structural Engineer $ 190.00 Structural Engineer $ 135.00 5 Bid Summary 1740 ROLLINS ROAD & 842 COWAN ROAD PUMP STATION UPGRADES CITY PROJECT NOS. 84820 & 83390 Bid Opening Date: 6/11/2020 Engineer's Estimate I Anvil I JMB I Disney I Valentine Item No. Item Description Quantity Unit Unit Price Item Total Unit Price Item Total Item Total Item Total Item Total Item Total Item Total Item Total For furnishing all labor, equipment, and materials, complete, all as shown on the Contract Drawings and specified herein, for upgrading the 1 1740 Rollins Road Stormwater Pump Station. 1 LS $ 1,575,000 $ 1,575,000 $ 1,119,100 $ 1,119,100 $ 1,382,000 $ 1,382,000 $ 1,300,000 $ 1,300,000 $ 1,430,000 $ 1,430,000 For furnishing all labor, equipment, and materials complete, all as shown on the Contract Drawings and specified herein for upgrading the 1740 2 Rollins Road Sewage Pump Station. 1 LS $ 780,000 $ 780,000 $ 530,400 $ 530,400 $ 810,000 $ 810,000 $ 700,000 $ 700,000 $ 1,000,000 $ 1,000,000 For furnishing all labor, equipment, and materials complete, all as shown on the Contract Drawings and specified herein for modifications to the 311740 Rollins Road Pump Station Control Building. 1 LS $ 555,000 $ 555,000 $ 697,000 $ 697,000 $ 516,000 $ 516,000 $ 500,000 $ 500,000 $ 635,000 $ 635,000 For Mobilization/Demobilization for all work at the 1740 Rollins Road 4 Pump Station site. 1 LS $ 125,000 $ 125,000 $ 80,000 $ 80,000 $ 100,000 $ 100,000 $ 250,000 $ 250,000 $ 91,000 $ 91,000 For Environmental/NPDES Compliance for all work conducted on the 5 1740 Rollins Road Pump Station site 1 LS $ 15,000 $ 15,000 $ 2,600 $ 2,600 $ 8,000 $ 8,000 $ 30,000 $ 30,000 $ 26,000 $ 26,000 For Site Improvement Work and Removal and Disposal of site demolition materials and equipment, and Site Restoration at the 1740 Rollins Road 6 Pump Station site. 1 LS $ 95,000 $ 95,000 $ 205,000 $ 205,000 $ 110,000 $ 110,000 $ 250,000 $ 250,000 $ 65,000 $ 65,000 For furnishing all labor, equipment, and materials, complete, all as shown on the Contract Drawings and specified herein for upgrading the 7 842 Cowan Road Stormwater Pump Station. 1 LS $ 1,380,000 $ 1,380,000 $ 950,300 $ 950,300 $ 1,315,000 $ 1,315,000 $ 1,390,000 $ 1,390,000 $ 1,807,369 $ 1,807,369 For Mobilization/Demobilization for all work at the 842 Cowan Road 8 Pump Station site. 1 LS $ 75,000 $ 75,000 $ 90,000 $ 90,000 $ 80,000 $ 80,000 $ 153,333 $ 153,333 $ 41,000 $ 41,000 For Environmental/NPDES Compliance for all work conducted on the 842 9 Cowan Road Pump Station site 1 LS $ 12,000 $ 12,000 $ 2,600 $ 2,600 $ 6,000 $ 6,000 $ 20,000 $ 20,000 $ 19,000 $ 19,000 For Site Improvement Work and Removal and Disposal of site demolition materials and equipment, and Site Restoration at the 842 Cowan Road 10I Pump Station site. 1 LS $ 138,000 $ 138,000 $ 512,000 $ 512,000 $ 100,000 $ 100,0001 $ 90,000 $ 90,000 $ 55,000 $ 55,000 Total Base Bid 1 1 $ 4,750,000 $ 4,189,000 $ 4,427,000 1 1 $ 4,683,333 1 $ 5,169,369 6URLINGAME STAFF REPORT AGENDA NO: 8f MEETING DATE: July 6, 2020 To: Honorable Mayor and City Council Date: July 6, 2020 From: Syed Murtuza, Director of Public Works — (650) 558-7230 Subject: Adoption of a Resolution Awarding a Construction Contract to R&M Paving Contractors, Inc. for the 2020 Parking Lot Resurfacing Project, in the Amount of $286,301, and Authorizing the City Manager to Execute the Contract RECOMMENDATION Staff recommends that the City Council adopt the attached resolution awarding a construction contract to R&M Paving Contractors, Inc. for the 2020 Parking Lot Resurfacing Project, City Project Nos. 83620 & 84650, in the amount of $286,301, and authorizing the City Manager to execute the contract. BACKGROUND The 2020 Parking Lot Resurfacing Project consists of improvements to the Police Station and Corporation Yard parking lots, and three public parking lots (H, K, and M). The overall work consists of demolition of existing surfaces, pavement removal, minor earthwork, pavement section repairs, new concrete curbs, new pavement installation or micro -surfacing, ADA improvements, and new striping in the following parking lots: • Police Station parking lot at 1111 Trousdale Drive; • Corporation Yard parking lot at 1361 North Carolan Avenue; • Parking Lot H located at the corner of El Camino Real and Ralston Avenue; • Parking Lot K located off of El Camino Real south of the intersection of Burlingame Avenue; and • Parking Lot M located off California Drive south of the intersection of Burlingame Avenue. DISCUSSION The project was advertised for construction bids on May 18, 2020. The City received eight bids, which were opened on June 9, 2020. The bids ranged from $286,300.80 to $482,993.90. R&M Paving Contractors, Inc is the lowest responsible bidder with its bid amount of $286,300.80, which is approximately 25% lower than the engineer's estimate of $381,000. The contractor has met all project requirements and has a past history of successful construction work for clients in the San Francisco Bay Area. 1 Resolution Awarding Construction Contract to R&M Paving Contractors, Inc. for the 2020 Parking Lot Resurfacing Project, City Project Nos. 83620 & 84650 July 6, 2020 The project construction is tentatively scheduled to begin in August 2020 and is expected to be completed by January 2021. FISCAL IMPACT Estimated Project Expenditures: The following are the estimated project construction expenditures: Construction $ 286,301 Construction Inspection and Material Testing $ 39,088 Contingencies (15%) $ 48,808 Engineering Administration $ 35,803 Total Funding Availabilitv $ 410,000 There is adequate funding available in the Capital Improvement Program as follows: CIP 330-83620 — City Parking Lot Resurfacing Project $ 200,000 CIP 322-84650 — Facilities Parking Lot Resurfacing Project $ 210,000 Total $ 410,000 Exhibits: • Resolution • Construction Contract • Bid Summary • Project Location Map 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AWARDING A CONSTRUCTION CONTRACT TO R&M PAVING CONTRACTORS, INC. FOR THE 2020 PARKING LOT RESURFACING PROJECT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSTRUCTION CONTRACT. CITY PROJECT NOs. 83620 & 84650 WHEREAS, on May 18, 2020, the City issued notice inviting bid proposals for the 2020 Parking Lot Resurfacing Project, City Project Nos. 83620 & 84650; and WHEREAS, on June 9, 2020, all proposals were received and opened before the City Clerk and representatives of the Public Works Department; and WHEREAS, R&M Paving Contractors, Inc. submitted the lowest responsible bid for the job in the amount of $286,300.80. NOW, THEREFORE, be it RESOLVED, and ORDERED, that: 1. The Plans and Specifications, including all addenda, are approved and adopted; and 2. The bid of R&M Paving Contractors, Inc., for the project in the amount of $286,300.80, is accepted; and 3. A contract be entered into between the successful bidder and the City of Burlingame for the performance of the work, and that the City Manager is authorized on behalf of the City of Burlingame to execute the contract and to approve the faithful performance bond and the labor materials bond required to be furnished by the contractor. 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 6Lh day of July, 2020, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Meaghan Hassel -Shearer, City Clerk AGREEMENT FOR PUBLIC IMPROVEMENT 2020 PARKING LOT RESURFACING CITY PROJECT NOS. 84650 & 83620 THIS AGREEMENT, made in duplicate and entered into in the City of Burlingame, County of San Mateo, State of California on 2020 by and between the CITY OF BURLINGAME, a Municipal Corporation, hereinafter called "City", and R&M Paving Contractors, Inc., a California Corporation, hereinafter called "Contractor." WITNESSETH: WHEREAS, City has taken appropriate proceedings to authorize construction of the public work and improvements herein provided for and to authorize execution of this Contract; and WHEREAS, pursuant to State law and City requirements, a notice was duly published for bids for the contract for the improvement hereinafter described; and WHEREAS, on , after notice duly given, the City Council of Burlingame awarded the contract for the construction of the improvements hereinafter described to Contractor, which the Council found to be the lowest responsive, responsible bidder for these improvements; and WHEREAS, City and Contractor desire to enter into this Agreement for the construction of said improvements. NOW, THEREFORE, IT IS AGREED by the parties hereto as follows: 1. Scope of work. Contractor shall perform the work described in those Contract Documents entitled: 2020 PARKING LOT RESURFACING PROJECT, CITY PROJECT NOS. 84650 & 83620. 2. The Contract Documents. The complete contract between City and Contractor consists of the following documents: this Agreement; Notice Inviting Sealed Bids, attached hereto as Exhibit A; the accepted Bid Proposal, attached hereto as Exhibit B; the specifications, provisions, addenda, complete plans, profiles, and detailed drawings contained in the bid documents titled 2020 PARKING LOT RESURFACING PROJECT, CITY PROJECT NOS. 84650 & 83620; the State of California Standard Specifications 2010, as promulgated by the California Department of Transportation; prevailing wage rates of the State of California applicable to this project by State law; and all AGREEMENT-1 bonds; which are collectively hereinafter referred to as the Contract Documents. All rights and obligations of City and Contractor are fully set forth and described in the Contract Documents, which are hereby incorporated as if fully set forth herein. All of the above described documents are intended to cooperate so that any work called for in one, and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. 3. Contract Price. The City shall pay, and the Contractor shall accept, in full, payment of the work above agreed to be done, the sum of two hundred eighty six thousand and three hundred and one dollars ($286,301), called the "Contract Price". This price is determined by the lump sum and unit prices contained in Contractor's Bid. In the event authorized work is performed or materials furnished in addition to those set forth in Contractor's Bid and the Specifications, such work and materials will be paid for at the unit prices therein contained. Said amount shall be paid in progress payments as provided in the Contract Documents. 4. Termination At any time and with or without cause, the City may suspend the work or any portion of the work for a period of not more than 90 consecutive calendar days by notice in writing to Contractor that will fix the date on which work will be resumed. Contractor will be granted an adjustment to the Contract Price or an extension of the Time for Completion, or both, directly attributable to any such suspension if Contractor makes a claim therefor was provided in the Contract Documents. The occurrence of any one or more of the following events will justify termination of the contract by the City for cause: (1) Contractor's persistent failure to perform the work in accordance with the Contract Documents; (2) Contractor's disregard of Laws or Regulations of any public body having jurisdiction; (3) Contractor's disregard of the authority of the Engineer; or (4) Contractor's violation in any substantial way of any provision of the Contract Documents. In the case of any one or more of these events, the City, after giving Contractor and Contractor's sureties seven calendar days written notice of the intent to terminate Contractor's services, may initiate termination procedures. Such termination will not affect any rights or remedies of City against Contractor then existing or that accrue thereafter. Any retention or payment of moneys due Contractor will not release Contractor from liability. At the City's sole discretion, Contractor's services may not be terminated if Contractor begins, within seven calendar days of receipt of such notice of intent to terminate, to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 calendar days of such notice. Upon seven calendar days written notice to Contractor, City may, without cause and without prejudice to any other right or remedy of City, terminate the Contract for City's AGREEMENT-2 convenience. In such case, Contractor will be paid for (1) work satisfactorily completed prior the effective date of such termination, (2) furnishing of labor, equipment, and materials in accordance with the Contract Documents in connection with uncompleted work, (3) reasonable expenses directly attributable to termination, and (4) fair and reasonable compensation for associated overhead and profit. No payment will be made on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 5. Provisions Cumulative. The provisions of this Agreement are cumulative and in addition to and not in limitation of any other rights or remedies available to the City. 6. Notices. All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid. Notices required to be given to the City shall be addressed as follows: Kevin Okada Senior Engineer 501 Primrose Road Burlingame, California 94010 Notices required to be given to Contractor shall be addressed as follows: Daniel Corr R&M Paving Contractors, Inc. 982 Ames Ave Suite 202 Milpitas, CA 95035 7. Interpretation As used herein, any gender includes the other gender and the singular includes the plural and vice versa. 8. Waiver or Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the City and the Contractor. One or more waivers of any term, condition, or other provision of this Agreement by either party shall not be construed as a waiver of a subsequent breach of the same or any other provision. AGREEMENT-3 9. Controlling Law. This Agreement is to be governed by and interpreted in accordance with the laws of the State of California. 10. Successors and Assignees. This Agreement is to be binding on the heirs, successors, and assigns of the parties hereto but may not be assigned by either party without first obtaining the written consent of the other party. I I. Severability. If any term or provision of this Agreement is deemed invalid, void, or unenforceable by any court of lawful jurisdiction, the remaining terms and provisions of the Agreement shall not be affected thereby and shall remain in full force and effect. 12. Indemnification. Contractor shall indemnify, defend, and hold the 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 actual or alleged negligence, recklessness or willful misconduct of Contractor, 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 Contractor 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 by state law. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve Contractor 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. AGREEMENT-4 IN WITNESS WHEREOF, two identical counterparts of this Agreement, consisting of five pages, including this page, each of which counterparts shall for all purposes be deemed an original of this Agreement, have been duly executed by the parties hereinabove named on the day and year first hereinabove written. CITY OF BURLINGAME, a Municipal Corporation "CONTRACTOR" Lisa K. Goldman, City Manager By Print Name: Company Name: Approved as to form: Kathleen Kane, City Attorney ATTEST: Meaghan Hassel -Shearer, City Clerk AGREEMENT-5 Bid Opening Date: 6/9/2020 BASE BID SCHEDULE: 2020 PARKING LOT RESURFACING PROJECT, CITY PROJECT NO. 84650 & 83620 Engineer's Estimate R&M Paving Contractors, Inc. O'Grady Paving, Inc. MVC Enterprises, Inc. Always Paving, Inc. Redgwick Construction Co. Birch Construction Company TriValley Excavating Co., Inc. Interstate Grading & Paving, Inc. ITEM DESCRIPTION OF ITEM ESTIMATED UNIT UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST UNIT PRICE I TOTAL COST I UNIT PRICE I TOTAL COST I UNIT PRICE TOTAL COST I UNIT PRICE TOTAL COST QUANTITY GENERAL COMMON ITEMS 1 Mobilization 1 LS $ - $ 4,000.00 $ 4,000.00 $ 15,000.00 $ 15,000.00 $ 31,000.00 $ 31,000.00 $ 8,600.00 $ 8,600.00 $ 17,500.00 $ 17,500.00 $ 35,000.00 $ 35,000.00 $ 16,000.00 $ 16,000.00 $ 45,000.00 $ 45,000.00 2 Traffic Control 1 LS $ 25,000.00 $ 25,000.00 $ 2,000.00 $ 2,000.00 $ 5,000.00 $ 5,000.00 $ 8,950.00 $ 8,950.00 $ 2,000.00 $ 2,000.00 $ 14,950.00 $ 14,950.00 $ 25,000.00 $ 25,000.00 $ 22,500.00 $ 22,500.00 $ 15,000.00 $ 15,000.00 3 Stormwater Pollution Prevention 1 LS $ 15,000.00 $ 15,000.00 $ 1,500.00 $ 1,500.00 $ 5,000.00 $ 5,000.00 $ 15,120.00 $ 15,120.00 $ 2,000.00 $ 2,000.00 $ 2,100.00 $ 2,100.00 $ 4,000.00 $ 4,000.00 $ 7,500.00 $ 7,500.00 $ 6,000.00 $ 6,000.00 4 Sawcutting and Demolition 1 LS $ 36,000.00 $ 36,000.00 $ 4,000.00 $ 4,000.00 $ 20,000.00 $ 20,000.00 $ 23,310.00 $ 23,310.00 $ 2,000.00 $ 2,000.00 $ 43,200.00 $ 43,200.00 $ 6,000.00 $ 6,000.00 $ 10,000.00 $ 10,000.00 $ 28,000.00 $ 28,000.00 SUBTOTAL $ 76,000.00 $ 11,500.00 $ 45,000.00 $ 78,380.00 $ 14,600.00 $ 77,750.00 $ 70,000.00 $ 56,000.00 $ 94,000.00 LOCATION A - POLICE STATION PARKING LOT A-1 Construction Staking 1 LS $ 3,000.00 $ 3,000.00 $ 1,000.00 $ 1,000.00 $ 2,000.00 $ 2,000.00 $ 2,520.00 $ 2,520.00 $ 2,000.00 $ 2,000.00 $ 500.00 $ 500.00 $ 6,000.00 $ 6,000.00 $ 5,500.00 $ 5,500.00 $ 4,500.00 $ 4,500.00 A-2 Asphalt Concrete (AC) Pavement Removal 21 Cy $ 255.00 $ 5,355.00 $ 400.00 $ 8,400.00 $ 800.00 $ 16,800.00 $ 414.00 $ 8,694.00 $ 636.00 $ 13,356.00 $ 250.00 $ 5,250.00 $ 355.00 $ 7,455.00 $ 1,285.00 $ 26,985.00 $ 450.00 $ 9,450.00 A-3 Asphalt Concrete (AC) Pavement 41 TON $ 390.00 $ 15,990.00 $ 360.00 $ 14,760.00 $ 450.00 $ 18,450.00 $ 279.00 $ 11,439.00 $ 440.00 $ 18,040.00 $ 400.00 $ 16,400.00 $ 350.00 $ 14,350.00 $ 561.00 $ 23,001.00 $ 350.00 $ 14,350.00 A-4 Aggregate Base and Grading (Allowance) 10 TON $ 200.00 $ 2,000.00 $ 150.00 $ 1,500.00 $ 100.00 $ 1,000.00 $ 126.00 $ 1,260.00 $ 300.00 $ 3,000.00 $ 180.00 $ 1,800.00 $ 500.00 $ 5,000.00 $ 400.00 $ 4,000.00 $ 150.00 $ 1,500.00 A-5 Concrete Walkway 331 SF $ 25.00 $ 8,275.00 $ 14.00 $ 4,634.00 $ 30.00 $ 9,930.00 $ 18.00 $ 5,958.00 $ 35.00 $ 11,585.00 $ 32.00 $ 10,592.00 $ 21.00 $ 6,951.00 $ 80.00 $ 26,480.00 $ 34.00 $ 11,254.00 A-6 Concrete Curb 57 LF $ 150.00 $ 8,550.00 $ 85.00 $ 4,845.00 $ 100.00 $ 5,700.00 $ 69.00 $ 3,933.00 $ 100.00 $ 5,700.00 $ 200.00 $ 11,400.00 $ 95.00 $ 5,415.00 $ 400.00 $ 22,800.00 $ 270.00 $ 15,390.00 A-7 3' Wheel Stops 6 EA $ 100.00 $ 600.00 $ 50.00 $ 300.00 $ 100.00 $ 600.00 $ 42.00 $ 252.00 $ 100.00 $ 600.00 $ 65.00 $ 390.00 $ 150.00 $ 900.00 $ 75.00 $ 450.00 $ 120.00 $ 720.00 A-8 Pavement Markings and Signage 1 LS $ 2,000.00 $ 2,000.00 $ 1,000.00 $ 1,000.00 $ 3,000.00 $ 3,000.00 $ 2,520.00 $ 2,520.00 $ 3,000.00 $ 3,000.00 $ 3,000.00 $ 3,000.00 $ 4,000.00 $ 4,000.00 $ 4,000.00 $ 4,000.00 $ 4,500.00 $ 4,500.00 A-9 Truncated Domes 1 LS $ 1,000.00 $ 1,000.00 $ 800.00 $ 800.00 $ 800.00 $ 800.00 $ 630.00 $ 630.00 $ 500.00 $ 500.00 $ 750.00 $ 750.00 $ 11,000.00 $ 11,000.00 $ 1,500.00 $ 1,500.00 $ 1,700.00 $ 1,700.00 A-10 Planter Demolition 1 LS $ 2,000.00 $ 2,000.00 $ 3,500.00 $ 3,500.00 $ 6,000.00 $ 6,000.00 $ 3,150.00 $ 3,150.00 $ 1,500.00 $ 1,500.00 $ 12,500.00 $ 12,500.00 $ 6,000.00 $ 6,000.00 $ 39,500.00 $ 39,500.00 $ 4,000.00 $ 4,000.00 A-11 Replace Mulch 1 LS $ 200.00 $ 200.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,260.00 $ 1,260.00 $ 1,000.00 $ 1,000.00 $ 500.00 $ 500.00 $ 8,500.00 $ 8,500.00 $ 2,500.00 $ 2,500.00 $ 3,000.00 $ 3,000.00 A-12 Hand Railing 1 LS $ 5,000.00 $ 5,000.00 $ 6,000.00 $ 6,000.00 $ 10,000.00 $ 10,000.00 $ 14,112.00 $ 14,112.00 $ 5,000.00 $ 5,000.00 $ 2,500.00 $ 2,500.00 $ 8,368.00 $ 8,368.00 $ 9,500.00 $ 9,500.00 $ 12,000.00 $ 12,000.00 A-13 IStucco 1 1 LS 1 $ 2,500.00 1 $ 2,500.00 1 $ 6,000.00 1 $ 6,000.00 1 $ 1,000.00 1 $ 1,000.00 1 $ 3,150.00 1 $ 3,150.00 1 $ 5,000.00 1 $ 5,000.00 $ 8,500.00 Is 8,500.00 1 $ 8,500.00 1 $ 8,500.00 1 $ 7,500.00 Is 7,500.00 1 $ 4,000.00 1 $ 4,000.00 A-14 Trench Drain 1 1 1 EA 1 $ 7,500.00 1 $ 7,500.00 1 $ 10,000.00 1 $ 10,000.00 1 $ 17,000.00 1 $ 17,000.00 1 $ 4,725.00 1 $ 4,725.00 1 $ 4,500.00 1 $ 4,500.00 1 $ 8,500.00 1 $ 8,500.00 1 $ 12,500.00 1 $ 12,500.00 1 $ 7,500.00 1 $ 7,500.00 1 $ 28,000.00 1 $ 28,000.00 LOCATION A SUBTOTAL I Y 03,y/U.UU I y OS,I3y.UU I y y3,L8U.UU y 03,OU3.UU y /4,/d I.VU I y 8L,�8L.VV I Y-IU4,y3y.UU I y-18-I,L-I O.VU I y 114,3W.UU LOCATION B - CORPORATION YARD PARKING LOT B-1 Asphalt Concrete (AC) Pavement Removal 28 Cy $ 255.00 $ 7,140.00 $ 400.00 $ 11,200.00 $ 500.00 $ 14,000.00 $ 486.00 $ 13,608.00 $ 635.00 $ 17,780.00 $ 250.00 $ 7,000.00 $ 349.00 $ 9,772.00 $ 250.00 $ 7,000.00 $ 350.00 $ 9,800.00 B-2 Asphalt Concrete (AC) Pavement 56 TON $ 290.00 $ 16,240.00 $ 390.00 $ 21,840.00 $ 300.00 $ 16,800.00 $ 335.25 $ 18,774.00 $ 752.00 $ 42,112.00 $ 400.00 $ 22,400.00 $ 350.00 $ 19,600.00 $ 375.00 $ 21,000.00 $ 300.00 $ 16,800.00 B-3 Aggregate Base and Grading (Allowance) 10 TON $ 200.00 $ 2,000.00 $ 150.00 $ 1,500.00 $ 100.00 $ 1,000.00 $ 126.00 $ 1,260.00 $ 300.00 $ 3,000.00 $ 180.00 $ 1,800.00 $ 500.00 $ 5,000.00 $ 400.00 $ 4,000.00 $ 150.00 $ 1,500.00 B-4 3' Wheel Stops 9 EA $ 100.00 $ 900.00 $ 50.00 $ 450.00 $ 120.00 $ 1,080.00 $ 38.00 $ 342.00 $ 100.00 $ 900.00 $ 100.00 $ 900.00 $ 150.00 $ 1,350.00 $ 75.00 $ 675.00 $ 150.00 $ 1,350.00 B-5 Pavement Markings and Signage 1 LS $ 2,000.00 $ 2,000.00 $ 3,000.00 $ 3,000.00 $ 4,000.00 $ 4,000.00 $ 2,520.00 $ 2,520.00 $ 4,200.00 $ 4,200.00 $ 3,500.00 $ 3,500.00 $ 5,500.00 $ 5,500.00 $ 2,925.00 $ 2,925.00 $ 7,500.00 $ 7,500.00 B-6 Asphalt Concrete (AC) Digout Repairs (4") 26 TON $ 500.00 $ 13,000.00 $ 390.00 $ 10,140.00 $ 600.00 $ 15,600.00 $ 654.00 $ 17,004.00 $ 1,000.00 $ 26,000.00 $ 700.00 $ 18,200.00 $ 350.00 $ 9,100.00 $ 385.00 $ 10,010.00 $ 700.00 $ 18,200.00 B-7 Concrete Curb 28 1 LF $ 150.00 $ 4,200.00 $ 85.00 $ 2,380.00 $ 100.00 $ 2,800.00 $ 202.50 $ 5,670.00 $ 150.00 $ 4,200.00 1 $ 200.00 Is 5,600.00 1 $ 95.00 1 $ 2,660.00 1 $ 196.00 1 $ 5,488.00 1 $ 280.00 1 $ 7,840.00 B-8 I Microsurfacing Type 2 16,223 1 SF $ 1.00 $ 16,223.00 $ 0.80 $ 12,978.40 $ 0.80 $ 12,978.40 $ 1.42 $ 23,036.66 $ 0.72 $ 11,680.56 1 $ 0.80 $ 12,978.40 1 $ 1.00 1 $ 16,223.00 1 $ 0.955 $ 15,492.97 1 $ 0.80 1 $ 12,978.40 ILUL:AIIUN B,uBIUTAL I S.uuI y a.vUI y a.4V y v.00 y i Lao Ia a.vuI y o.uu Ia u.a/I y a.vu LOCATION C - PARKING LOT H C-1 Aggregate Base and Grading (Allowance) 5 TON $ 200.00 $ 1,000.00 $ 150.00 $ 750.00 $ 100.00 $ 500.00 $ 252.00 $ 1,260.00 $ 400.00 $ 2,000.00 $ 180.00 $ 900.00 $ 425.00 $ 2,125.00 $ 400.00 $ 2,000.00 $ 150.00 $ 750.00 C-2 6' Wheel Stops 33 EA $ 120.00 $ 3,960.00 $ 140.00 $ 4,620.00 $ 200.00 $ 6,600.00 $ 69.30 $ 2,286.90 $ 150.00 $ 4,950.00 $ 150.00 $ 4,950.00 $ 225.00 $ 7,425.00 $ 115.00 $ 3,795.00 $ 150.00 $ 4,950.00 C-3 Asphalt Concrete (AC) Digout Repairs (4") 7 TON $ 500.00 $ 3,500.00 $ 500.00 $ 3,500.00 $ 300.00 $ 2,100.00 $ 684.00 $ 4,788.00 $ 1,000.00 $ 7,000.00 $ 700.00 $ 4,900.00 $ 500.00 $ 3,500.00 $ 1,555.00 $ 10,885.00 $ 800.00 $ 5,600.00 C-4 Microsurfacing Type 2 26,762 SF $ 1.00 $ 26,762.00 $ 0.70 $ 18,733.40 $ 0.75 $ 20,071.50 $ 0.84 $ 22,480.08 $ 0.60 $ 16,057.20 $ 0.70 $ 18,733.40 $ 1.00 $ 26,762.00 $ 0.75 $ 20,071.50 $ 0.75 $ 20,071.50 C-5 Pavement Markings 1 LS $ 5,000.00 $ 5,000.00 $ 3,000.00 $ 3,000.00 $ 6,000.00 $ 6,000.00 $ 1,890.00 $ 1,890.00 $ 4,200.00 $ 4,200.00 $ 3,500.00 $ 3,500.00 $ 8,000.00 $ 8,000.00 $ 5,705.00 $ 5,705.00 $ 5,300.00 $ 5,300.00 ILOCATION C SUBTOTAL I a 4u,cLzuu I o Sv,tiv3.nv I o Sa,zn av o Sz,/un.y8 a s4,Lu/.zu I p Sz,a83.nu I a a/,Bi L.uu I p 4L,4bti.SV I Y 3ti,ti/LOU LOCATION D - PARKING LOT K D-1 Aggregate Base and Grading (Allowance) 5 TON $ 200.00 $ 1,000.00 $ 150.00 $ 750.00 $ 100.00 $ 500.00 $ 252.00 $ 1,260.00 $ 400.00 $ 2,000.00 $ 180.00 $ 900.00 $ 550.00 $ 2,750.00 $ 400.00 $ 2,000.00 $ 150.00 $ 750.00 D-2 Asphalt Concrete (AC) Digout Repairs (8") 13 TON $ 500.00 $ 6,500.00 $ 480.00 $ 6,240.00 $ 300.00 $ 3,900.00 $ 610.00 $ 7,930.00 $ 750.00 $ 9,750.00 $ 700.00 $ 9,100.00 $ 500.00 $ 6,500.00 $ 925.00 $ 12,025.00 $ 800.00 $ 10,400.00 D-3 Pavement Markings 1 LS $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 630.00 $ 630.00 $ 600.00 $ 600.00 $ 600.00 $ 600.00 $ 1,100.00 $ 1,100.00 $ 1,500.00 $ 1,500.00 $ 2,000.00 $ 2,000.00 D-4 Skin Patch Allowance 200 SF $ 15.00 $ 3,000.00 $ 10.00 $ 2,000.00 $ 4.00 $ 800.00 $ 7.87 $ 1,574.00 $ 20.00 $ 4,000.00 $ 30.00 $ 6,000.00 $ 56.00 $ 11,200.00 $ 20.00 $ 4,000.00 5 $ 1,000.00 LOCATION D SUBTOTAL $ 11,000.00 $ 9,490.00 $ 5,700.00 $ 11,394.00 $ 16,350.00 $ 16,600.00 $ 21,550.00 $ 19,525.00 $ 14,150.00 LUCA I IUN t - YAKKING LU I M E-1 Construction Staking 1 LS $ 5,000.00 $ 5,000.00 $ 2,000.00 $ 2,000.00 $ 2,000.00 $ 2,000.00 $ 2,250.00 $ 2,250.00 $ 2,000.00 $ 2,000.00 $ 1,000.00 $ 1,000.00 $ 5,000.00 $ 5,000.00 $ 7,500.00 $ 7,500.00 $ 4,500.00 $ 4,500.00 E-2 Tree Removal 4 EA $ 4,000.00 $ 16,000.00 $ 2,800.00 $ 11,200.00 $ 2,500.00 $ 10,000.00 $ 2,268.00 $ 9,072.00 $ 3,036.00 $ 12,144.00 $ 2,000.00 $ 8,000.00 $ 3,500.00 $ 14,000.00 $ 7,685.00 $ 30,740.00 $ 3,000.00 $ 12,000.00 E-3 Asphalt Concrete (AC) Pavement Removal 75 Cy $ 255.00 $ 19,125.00 $ 350.00 $ 26,250.00 $ 400.00 $ 30,000.00 $ 252.00 $ 18,900.00 $ 300.00 $ 22,500.00 $ 250.00 $ 18,750.00 $ 175.00 $ 13,125.00 $ 115.00 $ 8,625.00 $ 280.00 $ 21,000.00 E-4 Asphalt Concrete (AC) Pavement 150 TON $ 290.00 $ 43,500.00 $ 225.00 $ 33,750.00 $ 250.00 $ 37,500.00 $ 211.68 $ 31,752.00 $ 230.00 $ 34,500.00 $ 300.00 $ 45,000.00 $ 350.00 $ 52,500.00 $ 250.00 $ 37,500.00 $ 265.00 $ 39,750.00 E-5 Aggregate Base and Grading (Allowance) 20 TON $ 200.00 $ 4,000.00 $ 150.00 $ 3,000.00 $ 100.00 $ 2,000.00 $ 157.50 $ 3,150.00 $ 250.00 $ 5,000.00 $ 180.00 $ 3,600.00 $ 400.00 $ 8,000.00 $ 100.00 $ 2,000.00 $ 150.00 $ 3,000.00 E-6 3' Wheel Stops 26 EA $ 100.00 $ 2,600.00 $ 50.00 $ 1,300.00 $ 100.00 $ 2,600.00 $ 56.69 $ 1,473.94 $ 100.00 $ 2,600.00 $ 100.00 $ 2,600.00 $ 500.00 $ 13,000.00 $ 100.00 $ 2,600.00 $ 115.00 $ 2,990.00 E-7 Concrete Curb 188 LF $ 150.00 $ 28,200.00 $ 85.00 $ 15,980.00 $ 100.00 $ 18,800.00 $ 70.37 $ 13,229.56 $ 75.00 $ 14,100.00 $ 100.00 $ 18,800.00 $ 95.00 $ 17,860.00 $ 100.00 $ 18,800.00 $ 200.00 $ 37,600.00 E-8 Pavement Markings, Signage, Sign Relocation, and Parking Meter Relocatio 1 1 LS $ 10,000.00 is 10,000.00 1 $ 14,000.00 is 14,000.00 1 $ 4,000.00 is 4,000.00 $ 6,930.00 $ 6,930.00 $ 13,000.00 $ 13,000.00 $ 16,800.00 1 $ 16,800.00 $ 7,500.00 is 7,500.00 $ 13,150.00 1 $ 13,150.00 $ 27,000.00 is 27,000.00 LOCATION E SUBTOTAL $ 128,425.00 $ 107,480.00 $ 106,900.00 $ 86,757.50 $ 105,844.00 $ 114,550.00 $ 130,985.00 $ 120,915.00 $ 147,840.00 TOTAL BID CONSTRUCTION COST $ 381,320.00 $ 286,300.80 $ 354,409.90 $ 355,054.14 $ 355,654.76 $ 396,843.80 $ 444,491.00 $ 486,703.47 $ 482,993.90 TOTAL PROJECT CONSTRUCTION COST $ 381,320.00 $ 286,300.80 $ 354,409.90 $ 355,054.14 $ 355,654.76 $ 396,843.80 $ 444,491.00 $ 486,703.47 $ 482,993.90 CONTINGENCY (15%) $ 57,198.00 TOTAL ESTIMATE $ 438,518.00 POLICE STATION PARKING LOT LOCATION A S�O CORPORATION YARD PARKING LOT LOCATION B \ WEEKEND WORK ONLY r _ 29 \ O O PARKING LOT M 0 D LOCATION E / PARKING LOT K LOCATION D E 1\ PARKING LOT H LOCATION C GRAPHIC SCALE IN FEET ) os/ol/2o ISSUE FOR BID Nq,. RJL FREYE �LAURE CITY OF BURLINGAME SAN MATED COUNTY CALIFORNIA u wp SHEET 3 p JRK p p ex� RN RK INCH LOCATION MAP JLB UIEN—E cxa ro co w ox N PARKING LOT IMPROVEMENTS PROJECT - -20 N0. DATE ISSUE REVISION DESCRIPTION BY BY DATE iesoieeo "•'rIasolre-N%eza �` ' - eyeneume.mm CITY PROJECT NO. 83620 & 84650 �.,y,nx SHEETS BURLINGAME AGENDA NO: 8g STAFF REPORT MEETING DATE: Jul 6, 2020 Y To: Honorable Mayor and City Council Date: July 6, 2020 From: Syed Murtuza, Director of Public Works — (650) 558-7230 Subject: Adoption of a Resolution Awarding a Construction Contract to Kingdom Pipelines, Inc. for the Hillside and Skyview Reservoir Site Improvements, in the Amount of $233,170, and Authorizing the City Manager to Execute the Contract RECOMMENDATION Staff recommends that the City Council adopt the attached resolution awarding a construction contract to Kingdom Pipelines, Inc. for the Hillside and Skyview Reservoir Site Improvements, City Project No. 85270, in the amount of $233,170, and authorizing the City Manager to execute the contract. BACKGROUND The Hillside and Skyview Reservoir Site Improvements Project consists of improvements at two sites, the Hillside Reservoir located at 2832 Hillside Drive, and the Skyview Reservoir located at 1321 Skyview Drive. The improvements at the Hillside Reservoir consist of providing a second access point to the reservoir. The existing access allows a vehicle to park on the north side of the reservoir through the fire station parking area. The Water Division needs a second access point to the southern side of the reservoir for repairs and maintenance purposes. The new access point will include a new driveway off of Hillside Drive, a paved parking space, and a new gate. Additional work includes installation of a drainage system, concrete sidewalk, and concrete curb and gutter. The improvements at the Skyview Reservoir consist of removing the existing wood retaining wall, which is beyond its service life, and replacing it with a new Allan Block fieldstone retaining wall. Additional work includes installation of a drainage system behind the wall, minor concrete work, and new asphalt concrete pavement inside the reservoir site to improve maintenance access. DISCUSSION The project was advertised for construction bids on May 26, 2020, and bids were opened on June 16, 2020. The City received five bids, with base bids ranging from $192,580 to $320,940. 1 Resolution Awarding a Construction Contract to Kingdom Pipelines, Inc. July 6, 2020 for the Hillside and Skyview Reservoir Site Improvements Project Kingdom Pipelines, Inc. is the lowest responsible bidder with its base bid amount of $192,580, which is 11 % lower than the engineer's estimate of $217,234. Additional improvements were added to the project as bid alternates to ensure the scope of work would fit within the available budget. Add alternates include removing and paving new asphalt concrete as well as grading within the reservoir site. With the favorable bid prices, staff recommends adding bid add alternates in the amount of $40,590. Thus, the total recommended construction contract award to Kingdom Pipelines, Inc. is $233,170. The contractor has met all the project requirements and has a past history of successful construction for both public and private sectors' clients in the San Francisco Bay Area. The project construction is tentatively scheduled to begin in September 2020 and is expected to be completed by December 2020. Staff will notify the residents in the affected areas of planned construction work and will coordinate with the contractor to minimize the construction disruption and inconvenience to the residents as much as possible. FISCAL IMPACT Estimated Project Expenditures: The following are the estimated project construction expenditures: Construction $233,170 Construction Inspection $48,070 Construction Contingencies (15%) $42,186 Engineering Design & Administration $26,574 Total $350,000 Funding Availability: The project is included in the City's Capital Improvement Program (CIP). Adequate funding is available in the following CIP project accounts. CIP 326-85270 — Hillside and Skyview Site Improvements $300,000 CIP 326-85260 — Valve Replacement Project $50,000 Total $350,000 Exhibits: • Resolution • Construction Contract • Bid Summary • Project Location Map 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AWARDING A CONSTRUCTION CONTRACT TO KINGDOM PIPELINES, INC. FOR THE HILLSIDE AND SKYVIEW RESERVOIR SITE IMPROVEMENTS AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT CITY PROJECT NO. 85270 WHEREAS, on May 26, 2020, the City issued notice inviting bid proposals for the Hillside and Skyview Reservoir Site Improvements, City Project No. 85270; and WHEREAS, on June 16, 2020, all proposals were received and opened before the City Clerk and representatives of the Public Works Department; and WHEREAS, Kingdom Pipelines, Inc. submitted the lowest responsible bid for the job in the amount of $233,170. NOW, THEREFORE, be it RESOLVED and ORDERED that: 1. The Plans and Specifications, including all addenda, are approved and adopted; and 2. The bid of Kingdom Pipelines, Inc. in the amount of $233,170 is accepted; and 3. A contract be entered into between the successful bidder and the City of Burlingame for the performance of said work, and that the City Manager is authorized on behalf of the City of Burlingame to execute said contract and to approve the faithful performance bond and the labor materials bond required to be furnished by the contractor. 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 6Lh day of July, 2020, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Meaghan Hassel -Shearer, City Clerk AGREEMENT FOR PUBLIC IMPROVEMENT HILLSIDE AND SKYVIEW RESERVOIR SITE IMPROVEMENTS CITY PROJECT NO. 85270 THIS AGREEMENT, made in duplicate and entered into in the City of Burlingame, County of San Mateo, State of California on , 2020 by and between the CITY OF BURLINGAME, a Municipal Corporation, hereinafter called "City", and Kingdom Pipelines, Inc., a California Corporation, hereinafter called "Contractor." WITNESSETH: WHEREAS, City has taken appropriate proceedings to authorize construction of the public work and improvements herein provided for and to authorize execution of this Contract; and WHEREAS, pursuant to State law and City requirements, a notice was duly published for bids for the contract for the improvement hereinafter described; and WHEREAS, on , after notice duly given, the City Council of Burlingame awarded the contract for the construction of the improvements hereinafter described to Contractor, which the Council found to be the lowest responsive, responsible bidder for these improvements; and WHEREAS, City and Contractor desire to enter into this Agreement for the construction of said improvements. NOW, THEREFORE, IT IS AGREED by the parties hereto as follows: 1. Scope of work. Contractor shall perform the work described in those Contract Documents entitled: HILLSIDE AND SKYVIEW RESERVOIR SITE IMPROVEMENTS, CITY PROJECT NO. 85270. 2. The Contract Documents. The complete contract between City and Contractor consists of the following documents: this Agreement; Notice Inviting Sealed Bids, attached hereto as Exhibit A; the accepted Bid Proposal, attached hereto as Exhibit B; the specifications, provisions, addenda, complete plans, profiles, and detailed drawings contained in the bid documents titled "Hillside and Skyview Reservoir Site Improvements, City Project No. AGREEMENT-1 85270" attached as Exhibit C; the State of California Standard Specifications 2010, as promulgated by the California Department of Transportation; prevailing wage rates of the State of California applicable to this project by State law; and all bonds; which are collectively hereinafter referred to as the Contract Documents. All rights and obligations of City and Contractor are fully set forth and described in the Contract Documents, which are hereby incorporated as if fully set forth herein. All of the above described documents are intended to cooperate so that any work called for in one, and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. 3. Contract Price. The City shall pay, and the Contractor shall accept, in full, payment of the work above agreed to be done, the sum of two hundred thirty-three thousand, one hundred and seventy dollars ($233,170) called the "Contract Price". This price is determined by the lump sum and unit prices contained in Contractor's Bid. In the event authorized work is performed or materials furnished in addition to those set forth in Contractor's Bid and the Specifications, such work and materials will be paid for at the unit prices therein contained. Said amount shall be paid in progress payments as provided in the Contract Documents. 4. Termination At any time and with or without cause, the City may suspend the work or any portion of the work for a period of not more than 90 consecutive calendar days by notice in writing to Contractor that will fix the date on which work will be resumed. Contractor will be granted an adjustment to the Contract Price or an extension of the Time for Completion, or both, directly attributable to any such suspension if Contractor makes a claim therefor was provided in the Contract Documents. The occurrence of any one or more of the following events will justify termination of the contract by the City for cause: (1) Contractor's persistent failure to perform the work in accordance with the Contract Documents; (2) Contractor's disregard of Laws or Regulations of any public body having jurisdiction; (3) Contractor's disregard of the authority of the Engineer; or (4) Contractor's violation in any substantial way of any provision of the Contract Documents. In the case of any one or more of these events, the City, after giving Contractor and Contractor's sureties seven calendar days written notice of the intent to terminate Contractor's services, may initiate termination procedures. Such termination will not affect any rights or remedies of City against AGREEMENT-2 Contractor then existing or that accrue thereafter. Any retention or payment of moneys due Contractor will not release Contractor from liability. At the City's sole discretion, Contractor's services may not be terminated if Contractor begins, within seven calendar days of receipt of such notice of intent to terminate, to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 calendar days of such notice. Upon seven calendar days written notice to Contractor, City may, without cause and without prejudice to any other right or remedy of City, terminate the Contract for City's convenience. In such case, Contractor will be paid for (1) work satisfactorily completed prior the effective date of such termination, (2) furnishing of labor, equipment, and materials in accordance with the Contract Documents in connection with uncompleted work, (3) reasonable expenses directly attributable to termination, and (4) fair and reasonable compensation for associated overhead and profit. No payment will be made on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 5. Provisions Cumulative. The provisions of this Agreement are cumulative and in addition to and not in limitation of any other rights or remedies available to the City. 6. Notices. All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid. Notices required to be given to the City shall be addressed as follows: Mr. Kevin Okada Senior Engineer City of Burlingame 501 Primrose Road Burlingame, California 94010 Notices required to be given to Contractor shall be addressed as follows: Brendan Murphy President/CEO Kingdom Pipelines, Inc. 5750 Mission Street San Francisco, CA 94112 AGREEMENT-3 7. Interpretation As used herein, any gender includes the other gender and the singular includes the plural and vice versa. 8. Waiver or Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the City and the Contractor. One or more waivers of any term, condition, or other provision of this Agreement by either party shall not be construed as a waiver of a subsequent breach of the same or any other provision. 9. Controlling Law. This Agreement is to be governed by and interpreted in accordance with the laws of the State of California. 10. Successors and Assignees. This Agreement is to be binding on the heirs, successors, and assigns of the parties hereto but may not be assigned by either party without first obtaining the written consent of the other party. 11. Severability. If any term or provision of this Agreement is deemed invalid, void, or unenforceable by any court of lawful jurisdiction, the remaining terms and provisions of the Agreement shall not be affected thereby and shall remain in full force and effect. 12. Indemnification. Contractor shall indemnify, defend, and hold the 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 actual or alleged negligence, recklessness or willful misconduct of Contractor, 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 Contractor 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 AGREEMENT-4 shall be limited to that allowed by state law. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve Contractor 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. IN WITNESS WHEREOF, two identical counterparts of this Agreement, consisting of five pages, including this page, each of which counterparts shall for all purposes be deemed an original of this Agreement, have been duly executed by the parties hereinabove named on the day and year first hereinabove written. CITY OF BURLINGAME, a Municipal Corporation By Lisa K. Goldman, City Manager Approved as to form: Kathleen Kane, City Attorney ATTEST: Meaghan Hassel -Shearer, City Clerk "CONTRACTOR" By Print Name: Kingdom Pipelines, Inc. AGREEMENT-5 BID SUMMARY Hillside and Skyview Reservoir Site Improvements City Project No. 85270 Bid Opening: June 16, 2020 BID SCHEDULE: HILLSIDE AND SKYVEIW RESERVOIR SITE IMPROVEMENTS Engineer's Estimate Kingdom Pipelines, Inc, Redgwick Construction Co. R&M Paving Contractors, Inc. Sposeto Engineering, Inc. Kerax Engineering, Inc. ITEM DESCRIPTION OF ITEM ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST I UNIT PRICE I TOTAL COST BASE BID SCHEDULE: GENERAL 1 Mobilization/Demobilization (5%of Bid Items) 1 LS $11,9s4.00 $ 11,964.00 $ 8,500.00 $ 8,500.00 $ 9,000.00 $ 9,000.00 $ 11,000.00 $ 11,000.00 $ 11,000.00 $ 11,000.00 $ 15,000.00 $ 15,000.00 1A San Mateo County Permit 1 Actual Cost $ 620.00 $ 620.00 $ 620.00 $ 620.00 $ 620.00 $ 620.00 $ 620.00 $ 620.00 $ 620.00 $ 620.00 $ 620.00 $ 620.00 2 Traffic Control System 1 LS $10,000.00 $ 10,000.00 $ 5,000.00 $ 5,000.00 $ 9,500.00 $ 9,500.00 $ 8,000.00 $ 8,000.00 $ 12,000.00 $ 12,000.00 1 $ 5,000.00 1 $ 5,000.00 3 lConstruction. Stakinq, and Survev 1 1 LS 1 $ 2,500.00 1 $ 2,500.00 1 $ 5,000.00 1 $ 5,000.00 1 $ 3,000.00 1 $ 3,000.00 1 $ 2,000.00 1 $ 2,000.00 1 $ 6,200.00 1 $ 6,200.00 1 $ 5,000.00 1 $ 5,000.00 1 7 1Earthwork Excavation 1 1 1 LS 1 $ 5,000.00 1 $ 5,000.00 1 $ 3,000.00 1 $ 3,000.00 1 $26,000.00 1 $ 26,000.00 1 $ 13,000.00 1 $ 13,000.00 1 $ 34,000.00 1 $ 34,000.00 1 $ 35,000.00 1 $ 35,000.00 1 8 3" Curb Drain Pipe 15 LF $ 195.00 $ 2,925.00 $ 25.00 $ 375.00 $ 13.00 $ 195.00 $ 200.00 $ 3,000.00 $ 48.00 $ 720.00 $ 200.00 $ 3,000.00 9 3" SUbdrain Pipe 182 LF $ 195.00 $ 35,490.00 $ 15.00 $ 2,730.00 $ 85.00 $ 15,470.00 $ 70.00 $ 12,740.00 $ 18.00 $ 3,276.00 $ 100.00 $ 18,200.00 10 Retaining Wall 660 SF $ 100.00 $ 66,000.00 $ 70.00 $ 46,200.00 $ 63.00 $ 41,580.00 $ 100.00 $ 66,000.00 $ 110.00 $ 72,600.00 $ 105.00 $ 69,300.00 11 Concrete Sidewalk 15 SF $ 30.00 $ 450.00 $ 50.00 $ 750.00 $ 240.00 $ 3,600.00 $ 100.00 $ 1,500.00 $ 42.00 $ 630.00 $ 150.00 $ 2,250.00 12 Gravel 3 CY $ 35.00 $ 105.00 $ 40.00 $ 120.00 $ 800.00 $ 2,400.00 $ 150.00 $ 450.00 $ 264.00 $ 792.00 $ 500.00 $ 1,500.00 13 Concrete Curb/Gutter 5 LF $ 85.00 $ 425.00 $ 100.00 $ 500.00 $ 320.00 $ 1,600.00 $ 200.00 $ 1,000.00 $ 100.00 $ 500.00 $ 500.00 $ 2,500.00 14 Misc. Fencing and Gates 15 LF $ 85.00 $ 1,275.00 $ 350.00 $ 5,250.00 $ 415.00 $ 6,225.00 $ 253.00 $ 3,795.00 $ 320.00 $ 4,800.00 $ 500.00 $ 7,500.00 15 Misc. Grading 1 LS $ 3,000.00 $ 3,000.00 $25,000.00 $ 25,000.00 $ 650.00 $ 650.00 $ 10,000.00 $ 10,000.00 $ 2,800.00 $ 2,800.00 $ 10,000.00 $ 10,000.00 16 Clean out 3 EA $ 1,300.00 $ 3,900.00 $ 400.00 $ 1,200.00 $ 900.00 $ 2,700.00 $ 500.00 $ 1,500.00 $ 632.00 $ 1,896.00 $ 1,100.00 $ 4,500.00 SKYVIEW RETAINING WALL SUB-TOTA $ 113,570.00 $ 82,125.00 $ 74,420.00 $ 99,985.00 $ 88,014.OD $ 118,750.00 7 20 Clean out 3 EA $ 1,300.00 $ 3,900.00 $ 400.00 $ 1,200.00 $ 700.00 $ 2,100.00 $ 500.00 $ 1,500.00 $ 430.00 $ 1,290.00 $ 1,500.00 $ 4,500.00 21 Concrete Sidewalk 156 SF $ 30.00 $ 4,680.00 $ 50.00 $ 7,800.00 $ 52.00 $ 8,112.00 $ 40.00 $ 6,240.00 $ 16.00 $ 2,496.00 $ 70.00 $ 10,920.00 22 1 Concrete Drivewav 1 I EA 1 $ 6,600.00 1 $ 5,500.00 1 $10,000.00 1 $ 10,000.00 1 $12,500.00 1 $ 12,500.00 1 $ 15,000.00 1 $ 15,000.00 1 $ 6,200.00 1 $ 6,200.00 1 $ 20,000.00 1 $ 20,000.00 26 1 Pavement Markings 1 1 LS $ 2,000.00 $ 2,100.00 $ 1,000.00 $ 1,000.00 $ 2,600.00 $ 2,600.00 $ 500.00 $ 500.00 $ 250.00 $ 250.00 $ 4,500.00 $ 4,500.00 27 Misc. Fencing and Gates 50 LF $ S5.00 $ 4,250.00 $ 185.00 $ 9,250.00 $ 190.00 $ 9,500.00 $ 155.00 $ 7,750.00 $ 195.00 $ 9,750.00 $ 200.00 $ 10,000.00 28 Misc. Grading 1 LS $ 1,600.00 $ 1,600.00 $33,500.00 $ 33,500.00 $ 1,600.00 $ 1,600.00 $ 10,000.00 $ 10,000.00 $ 6,600.00 $ 6,600.00 $ 2,500.00 $ 2,500.00 BID ALTERNATE SCHEDULE: BA - 1 AC Pavement Removal (Skyview Reservoir) 48 CY $ 255.00 $ 12,240.00 $ 215.00 $ 10,320.00 $ 337.00 $ 16,176.00 $ 200.00 $ 9,600.00 $ 240.00 $ 11,520.00 $ 250.00 $ 12,005.00 BA - 2 AC Pavement (Skyview Reservoir) 94 TON $ 290.00 $ 27,260.00 $ 290.00 $ 27,260.00 $ 323.00 $ 30,362.00 $ 400.00 $ 37,600.00 $ 335.00 $ 31,490.00 $ 450.00 $ 42,300.00 BA - 3 lAggregate Base and Grading (Skyview Reservoir) 43 TON $ 200.00 $ 8,600.00 1 $ 70.00 1 $ 3,010.00 $ 284.00 $ 12,212.00 $ 150.00 $ 6,450.00 $ 315.00 $ 13,545.00 $ 250.00 $ 10,750.00 BID ALTERNATE SUB-TOTALI 1 $ 48,100.00 1 1 $ 40,59O.00 1 1 $ 58,750.00 1 $ 53,650.00 1 $ 56,555.00 1 1 $ 65,050.On TOTAL BASE BID CONSTRUCTION COST $ 217,234.00 $ 192,580.00 $ 211,886.00 $ 214,595.00 $ 58,750.00 $ 53,650.00 $ 270,636.00 $ 268,245.00 $ 220,988.00 $ 320,940.00 TOTAL BID ALTERNATE CONSTRUCTION COST $ 48,100.00 $ 40,590.00 $ 56,555.00 $ 65,050.00 BASE BID +BID ALTERNATE TOTAL COST $ 265,334.00 $ 233,170.00 $ 277,543.00 $ 385,990.00 Project Location Map Hillside & Skyview Reservoir Improvements, City Project No. 85270 NG4 STAFF REPORT AGENDA NO: 8h MEETING DATE: July 6, 2020 To: Honorable Mayor and City Council Date: July 6, 2020 From: Syed Murtuza, Director of Public Works — (650) 558-7230 Subject: Adoption of a Resolution to Amend the Traffic Signal Maintenance Services Contract with Bear Electrical Solutions in the Amount of $84,700 for Fiscal Year 2020-21 and Authorizing the City Manager to Execute the Contract Amendment RECOMMENDATION Staff recommends that the City Council adopt the attached resolution to amend the Traffic Signal Maintenance Services Contract with Bear Electrical Solutions (BES) for FY 2020-21 in the amount of $84,700. BACKGROUND The City operates and maintains 17 traffic signalized intersections, two flashing beacons, and several rectangular rapid flashing beacons (RRFB), within its limits. The on -call traffic signal service contract work includes monthly, quarterly, semi-annual, and annual maintenance work; emergency repairs work (pole knockdowns, broken detectors, in -operative signals, etc.); and non - emergency repair work (traffic signal equipment replacement, cabinet repair, back-up battery replacement, etc.). On July 3, 2017, the City Council awarded the On -Call Traffic Signal Services Maintenance Contract to BES for a three-year period in the amount of $250,054. On August 19, 2019, the City Council approved a contract amendment to include additional scope of work for traffic signal upgrades in the amount of $200,000 for FY 2019-20. DISCUSSION BES has provided exceptional services in the areas of regular traffic signal maintenance, emergency signal call -out response, and non -emergency call -out services and has also served as a critical component in continuing to operate the City's infrastructure during the Coronavirus pandemic. BES converted 11 intersections to function on recall to address pedestrian concerns of making contact with push buttons, and continued to address regular maintenance issues such as traffic signal failures in a timely and efficient manner. 1 Resolution to Amend the BES Contract for On -Call Traffic Signal Maintenance July 6, 2020 Amendment to Contract to Extend Time to Complete the FY2019-20 Traffic Signal Upgrades delayed as a result of Covid-19 health crisis Despite industry -wide impacts stemming from COVID-19 shelter -in -place orders and extended delays from signal equipment suppliers, BES has been able to make significant progress on the traffic signal upgrades project. However, due to the delays from the equipment manufacturers and suppliers, the contractor has not been able to complete all the work within the original contract term period. The remaining projects to be completed include video detection upgrades at the intersection of Rollins Road and Broadway, video detection at the intersection of Rollins Road and Cadillac Way, and Rectangular Rapid Flashing Beacons (RRFBs) at five locations. All of these tasks are already budgeted in the existing contract, and no changes to the scope of services are required. This contract amendment will extend the time to allow for the completion of the work mentioned above. Amendment of Contract to Continue Providing Traffic Signal Maintenance Services Staff has negotiated the scope of services with BES in the amount of $84,700 to continue to provide traffic signal maintenance services for FY 2020-21. The contractor agreed to provide services at the same rates that were previously negotiated in the existing contract. The following is a summary of scope of work as part of the attached agreement amendment: Monthly Routine Maintenance: • Visual inspection of controllers for proper operation • Visual inspection of all vehicular and pedestrian signals for proper operation • Check and actuate each pedestrian push button for proper operation • Visual inspection of all illuminated street name signs for proper operation • Manually record inspection date and time in controller cabinet and send written confirmation of monthly inspections with recommendations to Burlingame by intersection Three -Month Routine Maintenance: • Visual inspection of roadway along loop detectors for exposed wires, cracks, and potholes • Check detector amplifiers and tune as needed • Manually record inspection date and time in controller cabinets and send written confirmation of three-month inspections with recommendations to Burlingame by intersection Six -Month Routine Maintenance: • Check controller cabinet filter • Check ground rod clamp and wire • Check the presence of wire schematics and records in the cabinet • Check the operation of the fan • Check the operation of the ground fault receptacle • Measure and record voltage at service inputs in cabinet • Check for bent or missing visors and back plates • Check integrity of splices • Check for wear and function of electromechanical controllers • Check and match the time setting with time sheets on electromechanical and solid-state controllers 2 Resolution to Amend the BES Contract for On -Call Traffic Signal Maintenance July 6, 2020 • Manually record inspection date and time in controller cabinets and send written confirmation of six-month inspections with recommendations to Burlingame by intersection Annual Routine Maintenance: • Replace all incandescent signal lamps included within the area -specific change -out program. • Check all LED signal lamps • Clean and polish all lens and reflectors • Vacuum and clean controller cabinets and contents • Replace cabinet filter • Check waterproof gasket seals on controller cabinets • Check water accumulation and duct sealants • Lubricate hinges and locks on controller cabinets • Check all signal heads and align when necessary • Check indicator lamps • Check all connectors • Check detector extensions • Check load switches • Check relays • Manually record inspection date and time in controller cabinets and send written confirmation of yearly inspection with recommendations to Burlingame by intersection The scope of work also provides allowances to perform emergency and non -emergency non - routine call -out repairs. Staff recommends that City Council amend the existing BES contract for one year to provide maintenance to the City's traffic systems and complete the remaining FY 2019-20 traffic signal upgrade projects that were delayed due to the COVID-19 crisis. FISCAL IMPACT Adequate funds have been appropriated in the Public Works Operations budget for FY 2020-21 to complete the scope of services. Exhibits: • Resolution • Contract Amendment No. 2 • Contract Amendment No. 1 • Original Agreement WA RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO THE AGREEMENT WITH BEAR ELECTRICAL SOLUTIONS FOR TRAFFIC SIGNAL MAINTENANCE SERVICES WHEREAS, on August 8, 2017, the City of Burlingame entered into an on -call traffic services maintenance agreement with Bear Electrical Solutions (BES) in the amount of $250,054; and WHEREAS, on October 16, 2019, the City of Burlingame amended the on -call traffic services maintenance agreement with BES to include the completion of additional traffic signal upgrades in the amount of $200,000 for FY 2019-20; and WHEREAS, the City desires to extend the existing BES contract for one year to provide maintenance to the City's traffic systems in the amount of $84,700 and allow an extension of time to complete the remaining FY 2019-20 traffic signal upgrade projects that were delayed due to COVID-19; and WHEREAS, the cost to complete each project task is based on an estimated time and materials basis using the same rates that were previously negotiated in the existing agreement; and WHEREAS, adequate funds have been appropriated in the City's FY 2020-21 annual budget to increase the current agreement to cover the costs of maintenance services and remaining work for the traffic signal upgrades. NOW, THEREFORE, it is RESOLVED, and ORDERED, that the on -call traffic services maintenance agreement with BES be amended to increase the total amount by $84,700, to $534,754, with additional scope of services as shown in Exhibit A to the agreement amendment, and the City Manager is authorized to execute the same. 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 61h day of July, 2020, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Meaghan Hassel -Shearer, City Clerk AMENDMENT NO. 2 AGREEMENT TO PROVIDE ANNUAL TRAFFIC SIGNAL MAINTENANCE SERVICES TO THE CITY OF BURLINGAME THIS AMENDMENT NO. 2, made and entered into this day of 2020, by and between the City of Burlingame, a municipal corporation [hereinafter "City"], and Bear Electrical Solutions [hereinafter "Contractor"], amends the Agreement between the parties dated August 8, 2017 [hereinafter "Agreement"]. WHEREAS, under the original Agreement dated August 8, 2017, the services of the Contractor were to be available upon the execution of the original Agreement until June 30, 2018 with renewal options; and WHEREAS, on August 19, 2019, City Council approved a contract amendment to include the completion of additional traffic signal upgrades in the amount of $200,000 for FY 2019-20; and WHEREAS, the City has elected to extend the agreement for FY 2020-21 to allow for the completion of the remaining traffic signal upgrades that were delayed as a result of Covid-19; and WHEREAS, it is in the City's best interest to amend the original Agreement for Bear Electrical Solutions to continue providing traffic signal maintenance services for the FY2020-21 in an amount not to exceed amount of $84,700. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Section 2 — Time of Performance of the original agreement is hereby amended and extended to June 30, 2021. 2. Pricing for services is on a time and materials basis using the same rates that were previously negotiated in the existing agreement, with the attached Exhibit A to be added to the scope of work. 3. Except as expressly amended in Amendment No. 1 and 2 all other terms and conditions contained in the Agreement, as amended, shall remain in full force and effect. City of Burlingame Lisa K. Goldman City Manager Bear Electrical Solutions Print Name Signature Title Approved as to form: Attest: Kathleen Kane City Attorney Meaghan Hassel -Shearer City Clerk AMENDMENT NO. 1 AGREEMENT TO PROVIDE ANNUAL TRAFFIC SIGNAL MAINTENANCE SERVICES TO THE CITY OF BURLINGAME THIS AMENDMENT NO. 1, made and entered into this 4 !, day of t"1,_ F�3L 2019, by and between the City of Burlingame, a municipal corporation [hereinafter "City"], and Bear Electrical Solutions [hereinafter "Contractor"], amends the Agreement between the parties dated August 8, 2017 [hereinafter "Agreement"]. WHEREAS, under the original Agreement the services of the Contractor were to be performed for a total price of $250,054.00 upon the execution of the Agreement for a three (3) year period; and WHEREAS, additional funding was approved in the FY 2019-20 Capital Improvement Program to fund the installation of pedestrian countdown indicators, camera detection upgrades at certain priority locations, and other signal related projects in an amount not to exceed $200,000.00; and WHEREAS, the City is in the final year of the traffic signal maintenance agreement and it is in the City's best interest to amend the total contract amount not to exceed $450,054.00 in order for Bear Electrical Solutions to complete the FY 2019-20 traffic signal upgrades. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Section 7 of the original agreement is hereby amended from $250,054.00 to an amount not to exceed a total of $450,054.00. 2. Pricing for services is on a time and materials basis using the same rates that were previously negotiated in the existing agreement, with the attached Exhibit A to be added to the scope of work. 3. Except as expressly amended in Amendment No. 1 all other terms and conditions contained in the Agreement, as amended, shall remain in full force and effect. City of Burlingame Lisa K. Goldman City Manager Bear Electrical Solutions Print Name Signature i Fi2 Title Approved as to form: Attest: Kathleen Kane �leagr City Attorney City Cl hearer EXHIBIT A Traffic Signal Upgrades Scope of Services FY 2019-20 Capital Improvement Program Camera Detection Upgrade 1 s Trousdale and Magnolia 1 $33,500 $9,000 $42,500 Camera Detection Upgrade 2 California and Bayswater 1 $33,500 $9,000 $42,500 Camera Detection Upgrade 3 California and Burlingame 1 $33,500 $9,000 $42,500 Loop Replacement Burlingame Park and Howard 1 $2,500 $3,650 $6,150 APS Push Button Upgrade 1 California and Carmelita 1 $6,500 $5,300 $11,800 2070 Controller Replacement Park and Howard 1 $3,200 $800 $4,000 170E Controller Replacement California and Morrell 1 $5,000 $800 $5,800 Flashing Beacon Installation -Back to Back Furnished by City 5 $0 $12,500 $12,500 - Assemble TAPCO system on new 2" telespar poles - Each location has 2 poles Ped Countdown Head upgrade 1 Magnolia and Trousdale 8 $225 $125 $2,800 Ped Countdown Head upgrade 2 California and Morrell hawk 8 $225 $125 $2,800 Ped Countdown Head upgrade 3 Bayshore and Stanton 8 $225 $125 $2,800 Single Damaged Ped head replacement Various 2 $750 $500 $1,250 Additional Minor Signal upgrades Various n/a $15,000 $7,600 $22,600 Totals $134,125 $58,525 $200,000 RESOLUTION NO. 90-2019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH BEAR ELECTRICAL SOLUTIONS FOR TRAFFIC SIGNAL MAINTENANCE SERVICES WHEREAS, on August 8, 2017, the City of Burlingame entered into an on -call traffic services maintenance agreement with Bear Electrical Solutions (BES); and WHEREAS, the City desires to increase the scope of services for upgrading various traffic signal facilities with an amendment to the current agreement with BES in an amount not to exceed $200,000: and WHEREAS, the cost to complete each project task is based on an estimated time and materials basis using the same rates that were previously negotiated in the existing agreement; and WHEREAS, adequate funds have been appropriated in the City's FY 2019-20 annual budget to increase the current agreement to cover the costs of the traffic signal upgrades. NOW, THEREFORE, it is RESOLVED, and ORDERED, that the on -call traffic services maintenance agreement with BES be amended to increase the total amount by $200,000, to $450,054, with additional scope of services as shown in Exhibit A to the agreement amendment, and the City Manager is authorized to execute the same. 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 191" day of August, 2019, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: BEACH, BROWNRIGG, COLSON, KEIGHRAN, ORTIZ NOES: COUNCILMEMBERS:NONE ABSENT: COUNCILMEMBERS:NONE City I J ,4�oRo® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 1 /28/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Woodruff -Sawyer & Co. 50 California Street, Floor 12 San Francisco CA 94111 CONTACT PHONE 415-391-2141 FAX A/c No : 415-989-9923 A DRIESS: INSURERS AFFORDING COVERAGE NAIC # INSURER A: Hartford Underwriters Insurance Company 30104 INSURED BEARELE-01 Bear Electrical Solutions, Inc. 1341 Archer Street INSURERB: Hartford Fire Insurance Company 19682 INSURER c :Hartford Casualty Insurance Company 29424 Alviso CA 95002 1 INSURER D : INSURER E : INSURER F COVERAGES CERTIFICATE NUMBER: 1060910301 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUER POLICY NUMBER MM/ DPOLICY /YYYY MM DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE Fx] OCCUR Y 57UEAFN9382 2/1/2019 2/1/2020 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ] PE LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ B AUTOMOBILE LIABILITY X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS X HIRED ExNON-OWNED AUTOS ONLY AUTOS ONLY Y 57UEAFN9268 2/1/2019 2/1/2020 COMBINED SINGLE LIMIT Ea accident $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ C X UMBRELLA LAB EXCESS LIAB X OCCUR CLAIMS -MADE 57RHAFN9350 2/1/2019 2/1/2020 EACH OCCURRENCE $5,000,000 AGGREGATE $ 5,000,000 DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A PER STATUTE OTH- ER E.L. EACH ACCIDENT S E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT S DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: ALL California Operations. The City of Burlingame, its agents, representatives and employees are additional insured, on a primary, non-contributory basis, per the attached endorsements. Policies contain a 30-day notice of cancellation, 10-day notice of cancellation for non-payment of premium. 'Fill ■ I a C•)Z1I--inii11.11111JAMI--til City of Burlingame 501 Primrose Road Burlingame CA 94010 %, N IN V C L. L/111 U IV SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Z" Z* ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Policy no. 57UEAFN9268 COMMERCIAL AUTOMOBILE HA99160312 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply. 1. BROAD FORM INSURED d. Any "employee" of yours while using a A. Subsidiaries and Newly Acquired or covered "auto" you don't own, hire or Formed Organizations borrow in your business or your The Named Insured shown in the personal affairs. Declarations is amended to include: C. Lessors as Insureds (1) Any legal business entity other than a Paragraph A.1. - WHO IS AN INSURED - of partnership or joint venture, formed as a Section II - Liability Coverage is amended to subsidiary in which you have an add: ownership interest of more than 50% on e. The lessor of a covered "auto" while the the effective date of the Coverage Form. "auto" is leased to you under a written However; the Named Insured does not agreement if: include any subsidiary that is an (1) The agreement requires you to "insured" under any other automobile provide direct primary insurance for policy or would be an "insured" under the lessor and such a policy but for its termination or the exhaustion of its Limit of Insurance. (2) The "auto" is leased without a driver. (2) Any organization that is acquired or Such a leased "auto" will be considered a formed by you and over which you covered "auto" you own and not a covered maintain majority ownership. However, .,auto" you hire. the Named Insured does not include any D. Additional Insured if Required by Contract newly formed or acquired organization: (1) Paragraph A. 1. - WHO IS AN INSURED (a) That is a partnership or joint - of Section II - Liability Coverage is venture, amended to add: (b) That is an "insured" under any other f. When you have agreed, in a written policy, contract or written agreement, that a (c) That has exhausted its Limit of person or organization be added as Insurance under any other policy, or an additional insured on your (d) 180 days or more after its business auto policy, such person or acquisition or formation by you, organization is an "insured", but only unless you have given us notice of to the extent such person or the acquisition or formation. organization is liable for "bodily Coverage does not apply to "bodily injury" or "property damage" caused injury" or "property damage" that results by the conduct of an "insured" under from an "accident" that occurred before paragraphs a. or b, of Who Is An you formed or acquired the organization. Insured with regard to the ownership, maintenance or use of a B. Employees as Insureds covered "auto." Paragraph A. 1. - WHO IS AN INSURED - of SECTION II - LIABILITY COVERAGE is amended to add: 0 2011, The Hartford (Includes copyrighted material Form HA 99 16 0312 of ISO Properties, Inc., with its permission.) Page 1 of 5 The insurance afforded to any such additional insured applies only if the "bodily injury" or "property damage" occurs: (1) During the policy period, and (2) Subsequent to the execution of such written contract, and (3) Prior to the expiration of the period of time that the written contract requires such insurance be provided to the additional insured. (2) How Limits Apply If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: (a) The limits of insurance specified in the written contract or written agreement; or (b) The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. (3) Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non- contributory with the additional insured's own insurance. (4) Duties in The Event Of Accident, Claim, Suit or Loss If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the additional insured shall be required to comply with the provisions in LOSS CONDITIONS 2. - DUTIES IN THE EVENT OF ACCIDENT, CLAIM , SUIT OR LOSS — OF SECTION IV — BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. E. Primary and Non -Contributory if Required by Contract Only with respect to insurance provided to an additional insured in 1.D. - Additional Insured If Required by Contract, the following provisions apply: (3) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in Other Insurance 5.d. (4) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (3) and (4) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance: and (2) The total of all deductible and self -insured amounts under all that other insurance. We will share the remaining loss, if any, by the method described in Other Insurance 5.d. 2. AUTOS RENTED BY EMPLOYEES Any "auto" hired or rented by your "employee" on your behalf and at your direction will be considered an "auto" you hire. The OTHER INSURANCE Condition is amended by adding the following: O 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 2 of 5 If an "employee's" personal insurance also applies on an excess basis to a covered "auto" hired or rented by your "employee" on your behalf and at your direction, this insurance will be primary to the "employee's" personal insurance. 3. AMENDED FELLOW EMPLOYEE EXCLUSION EXCLUSION 5. - FELLOW EMPLOYEE - of SECTION II - LIABILITY COVERAGE does not apply if you have workers' compensation insurance in -force covering all of your "employees". Coverage is excess over any other collectible insurance. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos" are covered "autos" for Liability Coverage and if Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire or borrow, subject to the following limit. The most we will pay for "loss" to any hired "auto" is: (1) $100,000.1 (2) The actual cash value of the damaged or stolen property at the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property, whichever is smallest, minus a deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No deductible applies to "loss" caused by fire or lightning. Hired Auto Physical Damage coverage is excess over any other collectible insurance. Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. We will also cover loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss, subject to a maximum of $1000 per "accident". This extension of coverage does not apply to any "auto" you hire or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households. 5 PHYSICAL DAMAGE - ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph AA.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to provide a limit of S50 per day and a maximum limit of $1,000, 6. LOAN/LEASE GAP COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, in the event of a total "loss" to a covered "auto", we will pay your additional legal obligation for any difference between the actual cash value of the "auto" at the time of the "loss" and the "outstanding balance" of the loan/lease- "Outstanding balance" means the amount you owe on the loan/lease at the time of "loss" less any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; lease termination fees; security deposits not returned by the lessor; costs for extended warranties, credit life Insurance, health, accident or disability insurance purchased with the loan or lease; and carry-over balances from previous loans or leases. 7. AIRBAG COVERAGE Under Paragraph B. EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. 8. ELECTRONIC EQUIPMENT - BROADENED COVERAGE a. The exceptions to Paragraphs BA - EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE are replaced by the following: Exclusions 4.c. and 4.d. do not apply to equipment designed to be operated solely by use of the power from the "auto's" electrical system that, at the time of "loss", is: (1) Permanently installed in or upon the covered "auto'`; (2) Removable from a housing unit which is permanently installed in or upon the covered "auto",- (3) An integral part of the same unit housing any electronic equipment described in Paragraphs (1) and (2) above; or 0 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 3 of 5 (4) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "autc's" operating system. b. Section III — Version CA 00 01 03 10 of the Business Auto Coverage Form, Physical Damage Coverage, Limit of Insurance, Paragraph C.2 and Version CA 00 01 10 01 of the Business Auto Coverage Form, Physical Damage Coverage, Limit of Insurance, Paragraph C are each amended to add the following: $1,500 is the most we will pay for "loss" in any one "accident" to all electronic equipment (other than equipment designed solely for the reproduction of sound, and accessories used with such equipment) that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss", is: (1) Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; (2) Removable from a permanently installed housing unit as described in Paragraph 2.a. above or is an integral part of that equipment; or (3) An integral part of such equipment. c. For each covered "auto", should loss be limited to electronic equipment only, our obligation to pay for, repair, return or replace damaged or stolen electronic equipment will be reduced by the applicable deductible shown in the Declarations, or $250, whichever deductible is less. 9. EXTRA EXPENSE - BROADENED COVERAGE Under Paragraph A. - COVERAGE - of SECTION III - PHYSICAL DAMAGE COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. 10. GLASS REPAIR - WAIVER OF DEDUCTIBLE Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE the following is added: If another Hartford Financial Services Group, Inc. company policy or coverage form that is not an automobile policy or coverage form applies to the same "accident", the following applies: (1) If the deductible under this Business Auto Coverage Form is the smaller (or smallest) deductible, it will be waived; (2) If the deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. 12. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The requirement in LOSS CONDITIONS 2.a. - DUTIES IN THE EVENT OF ACCIDENT,CLAIM, SUIT OR LOSS - of SECTION IV - BUSINESS AUTO CONDITIONS that you must notify us of an "accident" applies only when the "accident"is known to: (1) You, if you are an individual, (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. 13. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. 14. HIRED AUTO - COVERAGE TERRITORY Paragraph e. of GENERAL CONDITIONS 7. POLICY PERIOD, COVERAGE TERRITORY - of SECTION IV - BUSINESS AUTO CONDITIONS is replaced by the following: e. For short-term hired "autos", the coverage territory with respect to Liability Coverage is anywhere in the world provided that if the "insured's" responsibility to pay damages for "bodily injury" or "property damage" is determined in a "suit," the "suit" is brought in the United States of America, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. No deductible applies to glass damage if the 15. WAIVER OF SUBROGATION glass is repaired rather than replaced. TRANSFER OF RIGHTS OF RECOVERY 11. TWO OR MORE DEDUCTIBLES AGAINST OTHERS TO US - of SECTION IV - Under Paragraph D. - DEDUCTIBLE of SECTION BUSINESS AUTO CONDITIONS is amended by III - PHYSICAL DAMAGE COVERAGE. the adding the following: following is added: 0 2011, The Hartford (Includes copyrighted material Form HA 9916 03 12 of ISO Properties, Inc., with its permission.) Page 4 of 5 We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damages under this Coverage Form. 16. RESULTANT MENTAL ANGUISH COVERAGE The definition of "bodily injury" in SECTION V- DEFINITIONS is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by any person, including mental anguish or death resulting from any of these. 17. EXTENDED CANCELLATION CONDITION Paragraph 2.. of the COMMON POLICY CONDITIONS - CANCELLATION - applies except as follows: If we cancel for any reason other than nonpayment of premium, we will mail or deliver to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. 18. HYBRID, ELECTRIC, OR NATURAL GAS VEHICLE PAYMENT COVERAGE In the event of a total loss to a "non -hybrid" auto for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended as follows: a.If the auto is replaced with a "hybrid" auto or an auto powered solely by electricity or natural gas, we will pay an additional 10%, to a maximum of $2,500, of the "non -hybrid" auto's actual cash value or replacement cost, whichever is less, b.The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of "loss," c. Regardless of the number of autos deemed a total loss, the most we will pay under this Hybrid, Electric, or Natural Gas Vehicle Payment Coverage provision for any one "loss" is $10,000, For the purposes of the coverage provision, a.A "non -hybrid" auto is defined as an auto that uses only an internal combustion engine to move the auto but does not include autos powered solely by electricity or natural gas. b.A "hybrid" auto is defined as an auto with an internal combustion engine and one or more electric motors, and that uses the internal combustion engine and one or more electric motors to move the auto, or the internal combustion engine to charge one or more electric motors, which move the auto. 19. VEHICLE WRAP COVERAGE In the event of a total loss to an "auto" for which Comprehensive.. Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended to add the following: In addition to the actual cash value of the "auto", we will pay up to $1,000 for vinyl vehicle wraps which are displayed on the covered "auto" at the time of total loss. Regardless of the number of autos deemed a total loss, the most we will pay under this Vehicle Wrap Coverage provision for any one "loss" is $5,000. For purposes of this coverage provision, signs or other graphics painted or magnetically affixed to the vehicle are not considered vehicle wraps- 0 2011, The Hartford (includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 5 of 5 Policy #57UEAFN9382 primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. However, "mobile equipment" does not include any land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". 16."Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 17."Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person or organization occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral, written or electronic publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral, written or electronic publication, in any manner, of material that violates a person's right of privacy; f. Copying, in your "advertisement", a person's or organization's "advertising idea" or style of "advertisement"; or g. Infringement of copyright, slogan, or title of any literary or artistic work, in your "advertisement". 18."Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 19."Products-completed operations hazard": a. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. b. Does not include "bodily injury' or "property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; (2) The existence of tools, uninstalled equipment or abandoned or unused materials; or (3) Products or operations for which the classification, listed in the Declarations or in a policy Schedule, states that products - Page 20 of 21 HG 00 01 09 16 completed operations are subject to the General Aggregate Limit. 20."Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it. As used in this definition, computerized or electronically stored data, programs or software are not tangible property. Electronic data means information, facts or programs: a. Stored as or on; b. Created or used on; or c. Transmitted to or from; computer software, including systems and applications software, hard or floppy disks, CD- ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 21."Suit" means a civil proceeding in which damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 22."Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. 23."Volunteer worker" means a person who a. Is not your "employee"; b. Donates his or her work; c. Acts at the direction of and within the scope of duties determined by you; and d. Is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 24. "Your product": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b. Includes (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product'; and (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 25."Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work", and (2) The providing of or failure to provide warnings or instructions. HG 00 01 09 16 Page 21 of 21 Policy # 57UEAFN9382 with respect to duties as such. That S. Additional Insureds When Required By representative will have all your rights and Written Contract, Written Agreement Or duties under this Coverage Part. Permit e. Unnamed Subsidiary The following person(s) or organization(s) are an Any subsidiary, and subsidiary thereof, of additional insured when you have agreed, in a yours which is a legally incorporated entity of written contract, written agreement or because of which you own a financial interest of more a permit issued by a state or political subdivision, than 50% of the voting stock on the effective that such person or organization be added as an date of the Coverage Part. additional insured on your policy, provided the The insurance afforded herein for any injury or damage occurs subsequent to the execution of the contract or agreement. subsidiary not named in this Coverage Part as a named insured does not apply to injury A person or organization is an additional insured or damage with respect to which such insured under this provision only for that period of time is also a named insured under another policy required by the contract or agreement. or would be a named insured under such However, no such person or organization is an policy but for its termination or the exhaustion insured under this provision if such person or of its limits of insurance. organization is included as an insured by an 3. Newly Acquired Or Formed Organization endorsement issued by us and made a part of Any organization you newly acquire or form, this Coverage Part. other than a partnership, joint venture or limited a. Vendors liability company, and over which you maintain Any person(s) or organization(s) (referred to financial interest of more than 50% of the voting below as vendor), but only with respect to stock, will qualify as a Named Insured if there is "bodily injury' or "property damage" arising no other similar insurance available to that out of "your products" which are distributed or organization. However: sold in the regular course of the vendor's a. Coverage under this provision is afforded only business and only if this Coverage Part until the 180th day after you acquire or form provides coverage for "bodily injury' or the organization or the end of the policy "property damage" included within the period, whichever is earlier; "products -completed operations hazard". b. Coverage A does not apply to "bodily injury' (1) The insurance afforded the vendor is or "property damage" that occurred before subject to the following additional you acquired or formed the organization; and exclusions: c. Coverage B does not apply to "personal and This insurance does not apply to: advertising injury" arising out of an offense (a) "Bodily injury' or "property damage" for committed before you acquired or formed the which the vendor is obligated to pay organization. damages by reason of the assumption 4. Nonowned Watercraft of liability in a contract or agreement. This exclusion does not apply to With respect to watercraft you do not own that is liability for damages that the vendor less than 51 feet long and is not being used to would have in the absence of the carry persons for a charge, any person is an contract or agreement; insured while operating such watercraft with your permission. Any other person or organization (b) Any express warranty unauthorized by responsible for the conduct of such person is you; also an insured, but only with respect to liability (c) Any physical or chemical change in the arising out of the operation of the watercraft, and product made intentionally by the only if no other insurance of any kind is available vendor, to that person or organization for this liability. (d) Repackaging, except when unpacked However, no person or organization is an insured solely for the purpose of inspection, with respect to: demonstration, testing, or the a. "Bodily injury" to a co -"employee" of the substitution of parts under instructions person operating the watercraft; or from the manufacturer, and then b. "Property damage" to property owned by, repackaged in the original container; rented to, in the charge of or occupied by you (e) Any failure to make such inspections, or the employer of any person who is an adjustments, tests or servicing as the insured under this provision. vendor has agreed to make or normally Page 12 of 21 HG 00 01 09 16 undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in Sub- paragraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. b. Lessors Of Equipment (1) Any person(s) or organization(s) from whom you lease equipment; but only with respect to their liability for "bodily injury", "property damage" or "personal and advertising injury' caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). (2) With respect to the insurance afforded to these additional insureds this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. c. Lessors Of Land Or Premises Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. With respect to the insurance afforded these additional insureds the following additional exclusions apply: This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to lease that land; or 2. Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. d. Architects, Engineers Or Surveyors Any architect, engineer, or surveyor, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In connection with your premises; or (2) In the performance of your ongoing operations performed by you or on your behalf. With respect to the insurance afforded these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional services by or for you. e. Permits Issued By State Or Political Subdivisions Any state or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. With respect to the insurance afforded these additional insureds, this insurance does not apply to: (1) "Bodily injury', "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or HG 00 0109 16 Page 13 of 21 (2) "Bodily injury' or "property damage" included within the "products -completed operations hazard". f. Any Other Party Any other person or organization who is not an additional insured under Paragraphs a. through e. above, but only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In the performance of your ongoing operations; (2) In connection with your premises owned by or rented to you; or (3) In connection with "your work" and included within the "products -completed operations hazard", but only if (a) The written contract or agreement requires you to provide such coverage to such additional insured; and (b) This Coverage Part provides coverage for "bodily injury' or "property damage" included within the "products - completed operations hazard". However: (1) The insurance afforded to such additional insured only applies to the extent permitted by law; and (2) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to the insurance afforded to these additional insureds, this insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury' or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional services by or for you. The limits of insurance that apply to additional insureds is described in Section III — Limits Of Insurance. How this insurance applies when other insurance is available to the additional insured is described in the Other Insurance Condition in Section IV — Commercial General Liability Conditions. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION III — LIMITS OF INSURANCE 1. The Most We Will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. General Aggregate Limit The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury' or "property damage" included in the "products - completed operations hazard"; and c. Damages under Coverage B. 3. Products -Completed Operations Aggregate Limit The Products -Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products - completed operations hazard". 4. Personal And Advertising Injury Limit Subject to 2. above, the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and advertising injury' sustained by any one person or organization. 5. Each Occurrence Limit Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and Page 14 of 21 HG 00 0109 16 Policy No. 57UEAFN9382 (3) Any manager, if you or the additional insured is a limited liability company; (4) Any "executive officer" or insurance manager, if you or the additional insured is a corporation; (5) Any trustee, if you or the additional insured is a trust; or (6) Any elected or appointed official, if you or the additional insured is a political subdivision or public entity. This duty applies separately to you and any additional insured. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner, (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I - Coverage A - Bodily Injury And Property Damage Liability; (5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion j. of Section I - Coverage A - Bodily Injury And Property Damage Liability; (6) When You Are Added As An Additional Insured To Other Insurance Any other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance Any other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured underthis coverage part. (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement, or permit that this insurance is primary and non- contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Page 16 of 21 HG 00 01 09 16 ® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYY'Y) ACORO 1/30/20'19 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE: ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGRATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Willis Towers Watson CONTACT NAME: San Jose 12980 Metcalf Ave Suite 500 PHONE (A/C, No Ext): (408) 321-9901 FAX (A/C, NO): (360) 828-0699 Overland Park KS 66213 EMAIL ADDRESS: Jerry.Sparks@bbsihq.com INSURERS) AFFORDING COVERAGE NAIC # INSURER A: ACE American Insurance Company 22667 INSURER B: INSURED Barrett Business Services, Inc. LIC/F BEAR ELECTRICAL SOLUTIONS, INC. INSURER C: 1341 ARCHER STREET INSURER D: SAN JOSE, CA 95131 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUES OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MMIDD/YYYY) LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS -MADE F� OCCUR EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES (Ea occurence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PROD- LOC ECT PRODUCTS - COMP/OPAGG $ $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS RSCHEDULEDAUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ $ UMBRELLA LIAB EXCESS LIAB, __4 DED OCCUR OCCUR RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ A WORKERS COMPENSATION AND EMPLOYERS LIABILITY Y/N ANY PROPRIETOR/PARTNER/ EXECUTIVE OFFICER/MEMBER EXCLUDED? Y (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A C66009919 Covered states: CA 02/01/19 02/01/2020 V/ I WC STATU- TORY LIMITS OTH- ER E.L. EACH ACCIDENT $2,000,000 E.L. DISEASE - EA EMPLOYEE $2,000,000 E.L. DISEASE -POLICY LIMIT $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule. if more space is required) CERTIFICATE HOLDER CANCELLATION City of Burlingame 501 Primrose Road Burlingame Ca 94010 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATA THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Authorized A Rep c) 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD. AGENCY CUSTOMER ID: LOC: #: ADDITIONAL REMARKS SCHEDULE Page 2 of Y NAMED INSURED: Barrett Business Services, Inc. L/C/F Affinity BEAR ELECTRICAL SOLUTIONS, INC. NUMBER 1341 ARCHER STREET SAN JOSE, CA 95131 319 CODE (ACE American Insurance Company 122667 (EFFECTIVE DATE: 02/01/19 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability (01114) CERTIFICATE HOLDER: City of Burlingame ADDRESS: 501 Primrose Road Burlingame Ca 94010 Re — Traffic Signal Maintenance ACORD 101 (2008/01) c) 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD. 9/3/2019 Hartford Underwriters Insurance Company - Company Profile - Best's Credit Rating Center Hartford Underwriters Insurance Company A.M. Best #: 002232 NAIC #: 30104 Domiciliary Address One Hartford Plaza Hartford, CT 06155-0001 United States Web: www.thehartford.com Phone: 860-547-5000 FEIN #: 061222527 Financial Strength Rating AC'Aow BEST fit+ SV -c, Assigned to insurance companies that have, in our opinion, a superior ability to meet their ongoing insurance obligations. View additional news, reports and products for this company. Based on A.M. Best's analysis, 058707 - Hartford Financial Services Group Inc is the AMB Ultimate Parent and identifies the topmost entity of the corporate structure. View a list of operating insurance entities in this structure. Best's Credit Ratings Financial Strength Rating View Definition Rating: Affiliation Code A+ (Superior) p (Pooled) Financial Size Category: XV ($2 Billion or greater) Outlook: Action: Effective Date: Initial Rating Date: Stable Affirmed August 30, 2019 June 30, 1926 Long -Term Issuer Credit Rating View Definition Long -Term: aa- Outlook: Stable ratings.ambest.com/Search Results.aspx?URating Id=2886214&bl=0&AltSrc=1 &PPP=&AltNum=O&Ext_User=&Ext_Misc=&Portal=0&Site= 1/4 9/3/2019 Hartford Underwriters Insurance Company - Company Profile - Best's Credit Rating Center Action: Affirmed Effective Date: August 30, 2019 Initial Rating Date: July 14, 2005 u Denotes Under Review Best's Rating Best's Credit Rating Analyst Rating Office: A.M. Best Rating Services, Inc. Financial Analyst: Lewis DeLosa, CFA Senior Director: Michael J. Lagomarsino, CFA, FRM Note: See the Disclosure information Form or Press Release below for the office and analyst at the time of the rating event. Disclosure Information Disclosure Information Form View A.M. Best's Rating Disclosure Form Press Release AM Best Affirms Credit Ratings of Hartford Financial Services Group and Subs, Upgrades Ratings of Navigators Group and Its Subs August 30, 2019 Rating History A.M. Best has provided ratings & analysis on this company since 1926. Financial Strength Rating Effective Date Rating 8/30/2019 A+ 8/2/2018 A+ 7/7/2017 A+ 6/17/2016 A+ 5/ 1 /2015 A+ Long -Term Issuer Credit Rating ratings.ambest.com/SearchResults.aspx?URatingld=2886214&b1=0&AltSrc=1 &PPP=&AltNum=O&Ext_User=&Ext_Misc=&Portal=0&Site= 2/4 9/3/2019 Hartford Underwriters Insurance Company - Company Profile - Best's Credit Rating Center Effective Date Rating 8/30/2019 aa- 8/2/2018 aa- 7/7/2017 aa- 6/17/2016 aa- 5/1 /2015 aa- Best's Credit Reports 7 Best's Credit Report - Where applicable, includes Best's Financial Strength Rating and rationale along with comprehensive analytical commentary, detailed business overview and key financial data. Report Revision Date: 8/30/2019 (represents the latest significant change). --- Historical Reports are available in Best's Credit Report Archive. View additional news, reports and products for this company. Press Releases Date Title Aug 30, 2019 AM Best Affirms Credit Ratings of Hartford Financial Services Group and Subs, Upgrades Ratings of Navigators Group and Its Subs Aug 02, 2018 A.M. Best Affirms Credit Ratings of The Hartford Fin Svcs Group and P/C Subs; Upgrades ICR of Hartford Life and Accident Ins Co Jul 07, 2017 A.M. Best Affirms Credit Ratings of The Hartford Financial Services Group, Inc. and Its Subsidiaries Jun 17, 2016 A.M. Best Affirms Ratings of The Hartford Financial Services Group, Inc. and Its Subsidiaries May 01, 2015 A.M. Best Upgrades Ratings of The Hartford Financial Services Group, Inc. and Its Property/Casualty Subsidiaries Apr 03, 2014 A.M. Best Revises Outlook to Positive for The Hartford Financial Services Group, Inc. and Its Property/Casualty Subsidiaries Mar 01, 2013 A.M. Best Affirms Ratings of Hartford Financial Services Group and Its P/C Subsidiaries and Downgrades Ratings of Hartford Life Mar 21, 2012 A.M. Best Places Ratings of The Hartford Financial Services Group, Inc. and Its Subsidiaries Under Review A KA n,.... n.,..:-.... 1 2 3 Page size: 10 21 items in 3 pages Find a Best's Credit Rating Enter a Company Name FGo Advanced Search ratings.ambest.com/SearchResults.aspx?URatingld=2886214&bl=0&AltSrc=1&PPP=&AltNum=O&Ext User=&Ext Misc=&Portal=0&Site= 3/4 9/3/2019 Hartford Underwriters Insurance Company - Company Profile - Best's Credit Rating Center How to Get a f�+ Best's Credit Rating Best's Credit Ratings Mobile App European Union Disclosures A.M. Best - Europe Rating Services Limited (AMBERS), a subsidiary of A.M. Best Rating Services, Inc., is an External Credit Assessment Institution (ECAI) in the European Union (EU). Therefore, Credit Ratings issued and endorsed by AMBERS may be used for regulatory purposes in the EU as per Directive 2006/48/EC. A.M. Best (EU) Rating Services B.V. (AMB-EU), a subsidiary of A.M. 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Best Company, Inc. and/or its affiliates ALL RIGHTS RESERVED. ratings.ambest.com/SearchResults.aspx?URatingId=2886214&bl=0&AltSrc=1 &PPP=&AltNum=O&Ext_User=&Ext_Misc=&Portal=0&Site= 4/4 9/3/2019 Company Profile Company Profile Company Search Company Search Results Company Information Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Workers' Compensation Complaint and Request for Action/Appeals Contact Information Financial Statements PDF's Annual Statements Quarterly Statements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer COMPANY PROFILE Company Information HARTFORD UNDERWRITERS INSURANCE COMPANY ONE HARTFORD PLAZA, HO-1-09 HARTFORD, CT 06155 800-243-5860 Old Company Names Agent For Service Vivian Imperial 818 WEST SEVENTH STREET SUITE 930 LOS ANGELES CA 90017 Reference Information Effective Date NAIC #: 30104 California Company ID #: 3162-5 Date Authorized in California: 07/01/1988 License Status: UNLIMITED -NORMAL Company Type: _ s Property & Casualty _ State of Domicile: CONNECTICUT back to top NAIC Group List NAIC Group #: 0091 HARTFORD FIRE & CAS GRP Lines Of Business The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS https://interactive.web. insurance.ca.gov/companyprofile/companyprofile?event=companyProfile&doFunction=getCompanyProfile&eid=6897 1 /2 9/3/2019 Company Profile SPRINKLER back to top © 2008 California Department of Insurance SURETY TEAM AND VEHICLE WORKERS' COMPENSATION https://interactive.web.insurance.ca.gov/companyprofile/companyprofile?event=companyProfile&doFunction=getCompanyProfile&eid=6897 2/2 9/3/2019 Hartford Fire Insurance Company - Company Profile - Best's Credit Rating Center Hartford Fire Insurance Company A.M. Best #: 002231 NAIC M 19682 FEIN #: 060383750 Domiciliary Address One Hartford Plaza Hartford, CT 06155-0001 United States Web: www.thehartford.com Phone: 860-547-5000 Financial Strength) Rating qd-. BEST A+ S0 Assigned to insurance companies that have, in our opinion, a superior ability to meet their ongoing insurance obligations. View additional news, reports and products for this company. Based on A.M. Best's analysis, 058707 - Hartford Financial Services Group Inc is the AMB Ultimate Parent and identifies the topmost entity of the corporate structure. View a list of operating insurance entities in this structure. Best's Credit Ratings Financial Strength Rating View Definition Rating: A+ (Superior) Affiliation Code: p (Pooled) Financial Size Category: XV ($2 Billion or greater) Outlook: Stable Action: Affirmed Effective Date: August 30, 2019 Initial Rating Date: December 31, 1907 Long -Term Issuer Credit Rating View Definition Long -Term: aa- Outlook: Stable ratings.ambest.com/Search Results.aspx?URating Id=2886214&b1=0&AltSrc=1 &PPP=&AltNum=O&Ext_User=&Ext_Misc=&Portal=0&Site= 1/5 9/3/2019 Hartford Fire Insurance Company - Company Profile - Best's Credit Rating Center Action: Affirmed Effective Date: August 30, 2019 Initial Rating Date: July 14, 2005 u Denotes Under Review Best's Rating Best's Credit Rating Analyst Rating Office: A.M. Best Rating Services, Inc. Financial Analyst: Lewis DeLosa, CFA Senior Director: Michael J. Lagomarsino, CFA, FRM Note: See the Disclosure information Form or Press Release below for the office and analyst at the time of the rating event. Disclosure Information Disclosure Information Form View A.M. Best's Rating Disclosure Form Press Release AM Best Affirms Credit Ratings of Hartford Financial Services Group and Subs, Upgrades Ratings of Navigators Group and Its Subs August 30, 2019 ratings.ambest.com/Search Results.aspx?URating Id=2886214&bl=0&AltSrc=1 &PPP=&AltNum=O&Ext_User=&Ext_Misc=&Portal=0&Site= 2/5 9/3/2019 Hartford Fire Insurance Company - Company Profile - Best's Credit Rating Center Effective Date Rating 8/30/2019 aa- 8/2/2018 aa- 7/7/2017 aa- 6/17/2016 aa- 5/1/2015 aa- Related Financial and Analytical Data The following links provide access to related data records that A.M. Best utilizes to provide financial and analytical data on a consolidated or branch basis. AMB # Company Name Company Description 087049 Hartford Fire Insurance Represents the Property/Casualty financials for the Canada Branch Company CAB of this legal entity. Best's Credit Reports Best's Credit Report - Where applicable, includes Best's Financial Strength Rating and rationale along with comprehensive analytical commentary, detailed business overview and key financial data. Report Revision Date: 8/30/2019 (represents the latest significant change). �= Historical Reports are available in Best's Credit Report Archive. View additional news, reports and products for this company. ratings.ambest.com/Search Results.aspx?URatingld=2886214&bl=O&AltSrc=1&PPP=&AltNum=O&Ext_User-&Ext_Misc=&Portal=0&Site= 3/5 9/3/2019 Hartford Fire Insurance Company - Company Profile - Best's Credit Rating Center Press Releases Date Title Aug 30, 2019 AM Best Affirms Credit Ratings of Hartford Financial Services Group and Subs, Upgrades Ratings of Navigators Group and Its Subs Aug 02, 2018 A.M. Best Affirms Credit Ratings of The Hartford Fin Svcs Group and P/C Subs; Upgrades ICR of Hartford Life and Accident Ins Co Jul 07, 2017 A.M. Best Affirms Credit Ratings of The Hartford Financial Services Group, Inc. and Its Subsidiaries Jan 18, 2017 A.M. Best Removes From Under Review and Upgrades Credit Ratings of Maxum Indemnity Company and Maxum Casualty Insurance Company Jan 03, 2017 A.M. Best Comments on Credit Ratings of The Hartford Financial Services Group Following Transaction with National Indemnity Co. Jun 17, 2016 A.M. Best Affirms Ratings of The Hartford Financial Services Group, Inc. and Its Subsidiaries Mar 18, 2016 A.M. Best Places Ratings of Members of the Maxum Specialty Insurance Group Under Review with Positive Implications May 01, 2015 A.M. Best Upgrades Ratings of The Hartford Financial Services Group, Inc. and Its Property/Casualty Subsidiaries A.-.. n7 .'i Cl.'L.d._..,,_._. A. RA n_-a n_..:_--lam- 1 2 3 Page size: 10 25 items in 3 pages Find a Best's Credit Rating Enter a Company Name FGo Advanced Search Hove to Get a Best's Credit Rating Best's Credit Ratings Mobile App 0 European Union Disclosures A.M. Best - Europe Rating Services Limited (AMBERS), a subsidiary of A.M. Best Rating Services, Inc., is an External Credit Assessment Institution (ECAI) in the European Union (EU). Therefore, Credit Ratings issued and endorsed by AMBERS may be used for regulatory purposes in the EU as per Directive 2006/48/EC. A.M. Best (EU) Rating Services B.V. (AMB-EU), a subsidiary of A.M. Best Rating Services, Inc., is an External Credit Assessment (ECAI) in the EU. Therefore, credit ratings issued and endorsed by AMB-EU may be used for regulatory purposes in the EU as per Directive 2006/48/EC. Australian Disclosures A.M. Best Asia -Pacific Limited (AMBAP), Australian Registered Body Number (ARBN No.150375287), is a limited liability company incorporated and domiciled in Hong Kong. AMBAP is a wholesale Australian Financial Services (AFS) Licence holder (AFS No. 411055) under the Corporations Act 2001. Credit ratings emanating from AMBAP are not intended for and must not be distributed to any person in Australia other than a wholesale client as defined in Chapter 7 of the Corporations Act. AMBAP does not authorize its ratings.ambest.com/Search Results.aspx?URating Id=2886214&bl=0&AltSrc=1 &PPP=&AltNum=O&Ext_User=&Ext_Misc=&Portal=0&Site= 4/5 9/3/2019 Hartford Fire Insurance Company - Company Profile - Best's Credit Rating Center Credit Ratings to be disseminated by a third -party in a manner that could reasonably be regarded as being intended to influence a retail client in making a decision in relation to a particular product or class of financial product. AMBAP Credit Ratings are intended for wholesale clients only, as defined. Credit Ratings determined and disseminated by AMBAP are the opinion of AMBAP only and not any speck credit analyst. AMBAP Credit Ratings are statements of opinion and not statements of fact. They are not recommendations to buy, hold or sell any securities or any other form of financial product, including insurance policies and are not a recommendation to be used to make investment /purchasing decisions. Important Notice: A.M. Best's Credit Ratings are independent and objective opinions, not statements of fact. A.M. Best is not an Investment Advisor, does not offer investment advice of any kind, nor does the company or its Ratings Analysts offer any form of structuring or financial advice. A.M. Best's credit opinions are not recommendations to buy, sell or hold securities, or to make any other investment decisions. For additional information regarding the use and limitations of credit rating opinions, as well as the rating process, information requirements and other rating related terms and definitions, please view Understanding Best's Credit Ratings. About Us I Careers I Contact I Events I Offices I Social Media I Legal & Licensing I Privacy I Security I Site Map I Terms of Use Regulatory Affairs - Form NRSRO - Code of Conduct - Rating Methodology - Historical Performance Data Copyright © 2019 A.M. Best Company, Inc. and/or its affiliates ALL RIGHTS RESERVED. ratings.ambest.com/Search Results.aspx?URatingld=2886214&bl=0&AltSrc=1&PPP=&AltNum=O&Ext_User-&Ext_Misc=&Portal=0&Site= 5/5 9/3/2019 Company Profile Company Profile Company Search Company Search Results Company Information Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Workers' Compensation Complaint and Request for Action/Appeals Contact Information Financial Statements PDF's Annual Statements Quarterly Statements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer COMPANY PROFILE Company Information HARTFORD FIRE INSURANCE COMPANY ONE HARTFORD PLAZA HARTFORD, CT 06115 Old Company Names Agent For Service Vivian Imperial 818 WEST SEVENTH STREET SUITE 930 LOS ANGELES CA 90017 Reference Information Effective Date NAIC #: 19682 Califomia Company ID #: 0085-1 LDate Authorized in California: E 01/07/1870 License Status: ; UNLIMITED- NORMAL Company Type: Property & Casualty State of Domicile: CONNECTICUT back to top NAIC Group List NAIC Group #: Lines Of Business 0091 HARTFORD FIRE & CAS GRP The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY FIRE LEGAL INSURANCE LIABILITY MARINE MISCELLANEOUS https://interactive.web.insurance.ca.gov/companyprofile/companyprofile?event=companyProfile&doFunction=getCompanyProfile&eid=2664 1/2 9/3/2019 Company Profile PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION back to top © 2008 California Department of Insurance https://interactive.web.insurance.ca.gov/companyprofile/companyprofile?event=companyProfile&doFunction=getCompanyProfile&eid=2664 2/2 9/3/2019 Hartford Casualty Insurance Company - Company Profile - Best's Credit Rating Center Hartford Casualty Insurance Company A.M. Best #: 002229 NAIC #: 29424 FEIN #: 060294398 Administrative Office View Additional Address One Hartford Plaza Information Hartford, CT 06155-0001 United States Web: www.thehartford.com Phone: 860-547-5000 Financial Strength Rating 8� EST A+ Supsnor Assigned to insurance companies that have, in our opinion, a superior ability to meet their ongoing insurance obligations. View additional news, reports and products for this company. Based on A.M. Best's analysis, 058707 - Hartford Financial Services Group Inc is the AMB Ultimate Parent and identifies the topmost entity of the corporate structure. View a list of operating insurance entities in this structure. Best's Credit Ratings Financial Strength Rating View Definition Rating: A+ (Superior) Affiliation Code: p (Pooled) Financial Size Category: XV ($2 Billion or greater Outlook: Stable Action: Affirmed Effective Date: August 30, 2019 Initial Rating Date: June 30, 1930 Long -Term Issuer Credit Rating View Definition Long -Term: aa- Outlook: Stable ratings.ambest.com/SearchResults.aspx?URatingld=2886214&bl=0&AltSrc=1 &PPP=&AltNum=O&Ext_User=&Ext_Misc=&Portal=0&Site= 1/4 9/3/2019 Hartford Casualty Insurance Company - Company Profile - Best's Credit Rating Center Action: Affirmed Effective Date: August 30, 2019 Initial Rating Date: July 14, 2005 u Denotes Under Review Best's Rating Best's Credit Rating Analyst Rating Office: A.M. Best Rating Services, Inc. Financial Analyst: Lewis DeLosa, CFA Senior Director: Michael J. Lagomarsino, CFA, FRM Note: See the Disclosure information Form or Press Release below for the office and analyst at the time of the rating event. Disclosure Information Disclosure Information Form View A.M. Best's Rating Disclosure Form Press Release AM Best Affirms Credit Ratings of Hartford Financial Services Group and Subs, Upgrades Ratings of Navigators Group and Its Subs August 30, 2019 ratings.ambest.com/Search Results.aspx?URating Id=2886214&b1=0&AltSrc=1 &PPP=&AltNum=O&Ext_User=&Ext_Misc=&Portal=0&Site= 2/4 9/3/2019 Hartford Casualty Insurance Company - Company Profile - Best's Credit Rating Center Effective Date Rating 8/30/2019 aa- 8/2/2018 aa- 7/7/2017 aa- 6/17/2016 aa- 5/1 /2015 aa- Best's Credit Reports 7 Best's Credit Report - Where applicable, includes Best's Financial Strength Rating and rationale along with comprehensive analytical commentary, detailed business overview and key financial data. Report Revision Date: 8/30/2019 (represents the latest significant change). y— Historical Reports are available in Best's Credit Report Archive. View additional news, reports and products for this company. Press Releases Date Title Aug 30, 2019 AM Best Affirms Credit Ratings of Hartford Financial Services Group and Subs, Upgrades Ratings of Navigators Group and Its Subs Aug 02, 2018 A.M. Best Affirms Credit Ratings of The Hartford Fin Svcs Group and P/C Subs; Upgrades ICR of Hartford Life and Accident Ins Co Jul 07, 2017 A.M. Best Affirms Credit Ratings of The Hartford Financial Services Group, Inc. and Its Subsidiaries Jun 17, 2016 A.M. Best Affirms Ratings of The Hartford Financial Services Group, Inc. and Its Subsidiaries May 01, 2015 A.M. Best Upgrades Ratings of The Hartford Financial Services Group, Inc. and Its Property/Casualty Subsidiaries Apr 03, 2014 A.M. Best Revises Outlook to Positive for The Hartford Financial Services Group, Inc. and Its Property/Casualty Subsidiaries Mar 01, 2013 A.M. Best Affirms Ratings of Hartford Financial Services Group and Its P/C Subsidiaries and Downgrades Ratings of Hartford Life Mar 21, 2012 A.M. Best Places Ratings of The Hartford Financial Services Group, Inc. and Its Subsidiaries Under Review A.,..,.- n •A n__a n_..:--,. r�..ai-...,.J.<.fe_c_t�.J....L..IA. L,,... i i_.af......� r:... ,......: ,.i c,... .: ,. ,... i-,- � _�..1 ia_ v_.. 1 2 3 Page size: 10 21 items in 3 pages Find a Best's Credit Rating 1 Enter a Company Name Go Advanced Search ratings.ambest.com/Search Results.aspx?URatingId=2886214&bl=0&AltSrc=1 &PPP=&AltNum=O&Ext_User=&Ext_Misc=&Portal=O&Site= 3/4 9/3/2019 Hartford Casualty Insurance Company - Company Profile - Best's Credit Rating Center Hour to Get a p+ Best's Credit Rating Best's Credit Ratings Mobile APP 0 European Union Disclosures A.M. Best - Europe Rating Services Limited (AMBERS), a subsidiary of A.M. Best Rating Services, Inc., is an External Credit Assessment Institution (ECAI) in the European Union (EU). Therefore, Credit Ratings issued and endorsed by AMBERS may be used for regulatory purposes in the EU as per Directive 2006/48/EC. A.M. Best (EU) Rating Services B.V. (AMB-EU), a subsidiary of A.M. Best Rating Services, Inc., is an External Credit Assessment (ECAI) in the EU. Therefore, credit ratings issued and endorsed by AMB-EU may be used for regulatory purposes in the EU as per Directive 2006/48/EC. Australian Disclosures A.M. Best Asia -Pacific Limited (AMBAP), Australian Registered Body Number (ARBN No.150375287), is a limited liability company incorporated and domiciled in Hong Kong. AMBAP is a wholesale Australian Financial Services (AFS) Licence holder (AFS No. 411055) under the Corporations Act 2001. Credit ratings emanating from AMBAP are not intended for and must not be distributed to any person in Australia other than a wholesale client as defined in Chapter 7 of the Corporations Act. AMBAP does not authorize its Credit Ratings to be disseminated by a third -party in a manner that could reasonably be regarded as being intended to influence a retail client in making a decision in relation to a particular product or class of financial product. AMBAP Credit Ratings are intended for wholesale clients only, as defined. Credit Ratings determined and disseminated by AMBAP are the opinion of AMBAP only and not any specific credit analyst. AMBAP Credit Ratings are statements of opinion and not statements of fact. They are not recommendations to buy, hold or sell any securities or any other form of financial product, including insurance policies and are not a recommendation to be used to make investment /purchasing decisions. Important Notice: A.M. Best's Credit Ratings are independent and objective opinions, not statements of fact. A.M. Best is not an Investment Advisor, does not offer investment advice of any kind, nor does the company or its Ratings Analysts offer any form of structuring or financial advice. A.M. Best's credit opinions are not recommendations to buy, sell or hold securities, or to make any other investment decisions. For additional information regarding the use and limitations of credit rating opinions, as well as the rating process, information requirements and other rating related terms and definitions, please view Understanding Best's Credit Ratings. About Us I Careers I Contact I Events I Offices I Social Media I Legal & Licensing I Privacy I Security I Site Map I Terms of Use Regulatory Affairs - Form NRSRO - Code of Conduct - Rating Methodology - Historical Performance Data Copyright © 2019 A.M. Best Company, Inc. and/or its affiliates ALL RIGHTS RESERVED. ratings.ambest.com/SearchResults.aspx?URatingId=2886214&bl=0&AltSrc=1 &PPP=&AltNum=O&Ext_User=&Ext_Misc=&Portal=0&Site= 4/4 9/3/2019 Company Profile Company Profile Company Search Company Search Results Company Information Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Workers' Compensation Complaint and Request for Action/Appeals Contact Information Financial Statements PDF's Annual Statements Quarterly Statements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer COMPANY PROFILE Company Information HARTFORD CASUALTY INSURANCE COMPANY ONE HARTFORD PLAZA, HO-1-09 HARTFORD, CT 06115 800-243-5S60 Old Company Names Agent For Service Vivian Imperial 818 WEST SEVENTH STREET SUITE 930 LOS ANGELES CA 90017 Reference Information Effective Date NAIC #: I29424 California Company ID #: 3099-9 Date Authorized in California: 07/O111987 License Status: # UNLIMITED -NORMAL Company Type. Property & Casualty State of Domicile: INDIANA back to top NAIC Group List NAIC Group #: 0091 HARTFORD FIRE & CAS GRP Lines Of Business The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY DISABILITY FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER https://interactive.web. insurance.ca.gov/companyprofile/companyprofile?event=companyProfile&doFu nction=getCompanyProfile&eid=6834 1 /2 9/3/2019 back to top © 2008 California Department of Insurance Company Profile SURETY TEAM AND VEHICLE WORKERS' COMPENSATION https://interactive.web.insurance.ca.gov/companyprofile/companyprofile?event=companyProfile&doFunction=getCompanyProfile&eid=6834 2/2 9/3/2019 ACE American Insurance Company - Company Profile - Best's Credit Rating Center ACE American Insurance Company A.M. Best #: 002257 NAIC #: 22667 FEIN #: 952371728 Mailing Address View Additional Address P.O. Box 1000 Information Philadelphia, PA 19106 United States Web: www.chubb.com Phone: 215-640-1000 Financial Strength Rating BEST A++ SUpleflor Assigned to insurance companies that have, in our opinion, a superior ability to meet their ongoing insurance obligations. View additional news, reports and products for this company. Based on A.M. Best's analysis, 058303 - Chubb Limited is the AMB Ultimate Parent and identifies the topmost entity of the corporate structure. View a list of operating insurance entities in this structure. Best's Credit Ratings Financial Strength Rating View Definition Rating: A++ (Superior) Affiliation Code: g (Group) Financial Size Category: XV ($2 Billion or greater) Outlook: Stable Action: Affirmed Effective Date: December 13, 2018 Initial Rating Date: June 30, 1951 Long -Term Issuer Credit Rating View Definition Long -Term: aa+ Outlook: Stable ratings.ambest.com/SearchResults.aspx?URatingld=2886214&bl=0&AltSrc=1 &PPP=&AltNum=O&Ext_User=&Ext_Misc=&Portal=0&Site= 1/5 9/3/2019 ACE American Insurance Company - Company Profile - Best's Credit Rating Center Action: Affirmed Effective Date: December 13, 2018 Initial Rating Date: August 16, 2005 u Denotes Under Review Best's Rating Best's Credit Rating Analyst Rating Office: A.M. Best Rating Services, Inc. Senior Financial Analyst: Gregory Dickerson Director: Jennifer Marshall, CPCU, ARM Note: See the Disclosure information Form or Press Release below for the office and analyst at the time of the rating event. Disclosure Information Disclosure Information Form View A.M. Best's Rating Disclosure Form Press Release AM Best Affirms Credit Ratings of Chubb Limited and Its Subsidiaries December 13, 2018 Rating History A.M. Best has provided ratings & analysis on this company since 1951. Financial Strength Rating Effective DateRating 12/13/2018 A++ 10/5/2017 A++ 6/22/2016 A++ 7/2/2015 A++u 4/30/2015 A++ 4/11/2014 A++ Long -Term Issuer Credit Rating ratings.ambest.com/Search Results.aspx?URatingld=2886214&bi=0&AltSrc=l&PPP=&AltNum=O&Ext_User=&Ext_Misc=&Portal=0&Site= 2/5 9/3/2019 ACE American Insurance Company - Company Profile - Best's Credit Rating Center Effective Date Rating 12/13/2018 aa+ 10/5/2017 aa+ 6/22/2016 aa+ 7/2/2015 aa+ u 4/30/2015 aa+ 4/11/2014 aa+ Related Financial and Analytical Data The following links provide access to related data records that A.M. Best utilizes to provide financial and analytical data on a consolidated or branch basis. AMB # Company Name Company Description 091291 ACE American Insurance Represents the Property/Casualty financials for the Bahrain Branch Company (BHB) of this legal entity. 093314 ACE American Insurance Co Represents the Property/Casualty financials for the South Korea Korea (KRB) Branch of this legal entity. Best's Credit Reports 7 Best's Credit Report - Where applicable, includes Best's Financial Strength Rating and rationale along with comprehensive analytical commentary, detailed business overview and key financial data. Report Revision Date: 4/22/2019 (represents the latest significant change). \I= Historical Reports are available in Best's Credit Report Archive. View additional news, reports and products for this company. ratings.ambest.com/Search Results.aspx?URatingld=2886214&bl=O&.AltSrc=1&PPP=&AltNum=O&Ext_User--&Ext_Misc=&Portal=0&Site= 3/5 9/3/2019 ACE American Insurance Company - Company Profile - Besl's Credit Rating Center Press Releases Date Title Dec 13, 2018 AM Best Affirms Credit Ratings of Chubb Limited and Its Subsidiaries Oct 05, 2017 A.M. Best Affirms Credit Ratings of Chubb Limited and Its Subsidiaries Jun 22, 2016 A.M. Best Removes From Under Review and Affirms Ratings of Chubb Limited and Most of Its Subsidiaries Jul 02, 2015 A.M. Best Places Ratings of ACE Limited and Its Subsidiaries Under Review With Negative Implications Apr 30, 2015 A.M. Best Affirms Ratings for Subsidiaries of ACE Limited Apr 11, 2014 A.M. Best Upgrades Ratings for Most Subsidiaries of ACE Limited Jun 14, 2013 A.M. Best Revises Outlook to Positive for ACE Limited and Most of Its Subsidiaries Jun 12, 2012 A.M. Best Affirms Ratings of ACE Limited and Its North America Property and Casualty Affiliates Jun 21, 2011 A.M. Best Upgrades Issuer Credit Ratings of ACE Limited and Its Subsidiaries Feb 16, 2011 A.M. Best Upgrades Ratings of Agri General Insurance Company 1 2 Page size: 10 15 items in 2 pages Find a Best's Credit Rating Enter a Company Name Go Advanced Search How to Get a A+ Best's Credit Rating 4� Best's Credit Ratings �� Mobile App European Union Disclosures A.M. Best - Europe Rating Services Limited (AMBERS), a subsidiary of A.M. Best Rating Services, Inc., is an External Credit Assessment Institution (ECAI) in the European Union (EU). Therefore, Credit Ratings issued and endorsed by AMBERS may be used for regulatory purposes in the EU as per Directive 2006/48/EC. A.M. Best (EU) Rating Services B.V. (AMB-EU), a subsidiary of A.M. Best Rating Services, Inc., is an External Credit Assessment (ECAI) in the EU. Therefore, credit ratings issued and endorsed by AMB-EU may be used for regulatory purposes in the EU as per Directive 2006/48/EC. Australian Disclosures A.M. Best Asia -Pacific Limited (AMBAP), Australian Registered Body Number (ARBN No.150375287), is a limited liability company incorporated and domiciled in Hong Kong. AMBAP is a wholesale Australian Financial Services (AFS) Licence holder (AFS No. 411055) under the Corporations Act 2001. Credit ratings emanating from AMBAP are not intended for and must not be distributed to any person in Australia other than a wholesale client as defined in Chapter 7 of the Corporations Act. AMBAP does not authorize its ratings.ambest.com/SearchResults.aspx7URatingld=2886214&bl=0&AltSrc=1&PPP=&AItNum=O&Ext_User=&Ext_Misc=&Portal=0&Site= 4/5 9/3/2019 ACE American Insurance Company - Company Profile - Best's Credit Rating Center Credit Ratings to be disseminated by a third -party in a manner that could reasonably be regarded as being intended to influence a retail client in making a decision in relation to a particular product or class of financial product. AMBAP Credit Ratings are intended for wholesale clients only, as defined. Credit Ratings determined and disseminated by AMBAP are the opinion of AMBAP only and not any specific credit analyst. AMBAP Credit Ratings are statements of opinion and not statements of fact. They are not recommendations to buy, hold or sell any securities or any other form of financial product, including insurance policies and are not a recommendation to be used to make investment /purchasing decisions. Important Notice: A.M. Best's Credit Ratings are independent and objective opinions, not statements of fact. A.M. Best is not an Investment Advisor, does not offer investment advice of any kind, nor does the company or its Ratings Analysts offer any form of structuring or financial advice. A.M. Best's credit opinions are not recommendations to buy, sell or hold securities, or to make any other investment decisions. For additional information regarding the use and limitations of credit rating opinions, as well as the rating process, information requirements and other rating related terms and definitions, please view Understanding Best's Credit Ratings. About Us I Careers I Contact I Events I Offices I Social Media I Legal & Licensing I Privacy I Security I Site Map I Terms of Use Regulatory Affairs - Farm NRSRO - Code of Conduct - Rating Methodology - Historical Performance Data Copyright © 2019 A.M. Best Company, Inc. and/or its affiliates ALL RIGHTS RESERVED. ratings.ambest.com/SearchResults.aspx?URatingld=2886214&bl=0&AltSrc=1&PPP=&AltNum=O&Ext_User-&Ext_Misc=&Portal=0&Site= 5/5 9/3/2019 Company Profile Company Profile Company Search Company Search Results Company Information Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Workers' Compensation Complaint and Request for Action/Appeals Contact Information Financial Statements PDF's Annual Statements Quarterly Statements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer COMPANY PROFILE Company Information ACE AMERICAN INSURANCE COMPANY 436 WALNUT STREET PHILADELPHIA, PA 19106 800-352-4462 Old Company Names ALLIED COMPENSATION INSURANCE COMPANY ALLIED INSURANCE COMPANY CIGNA INSURANCE COMPANY INA UNDERWRITERS INSURANCE COMPANY Agent For Service Vivian Imperial 818 WEST SEVENTH STREET SUITE 930 LOS ANGELES CA 90017 Reference Information Effective Date 04/03/1961 12/14/1977 11/01/1999 12/31/1983 NAIC #: 22667 California Company ID #: 1325-0 Date Authorized in California.12/20/1945 License Status: UNLIMITED -NORMAL Company Type: Property & Casualty State of Domicile: PENNSYLVANIA back to top NAIC Group List NAIC Group #: 0626 Chubb Ltd Grp Lines Of Business The company is authorized to transact business within these lines of Insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY FIRE https://interactive.web. insurance.ca.gov/companyprofile/companyprofile?event=companyProfile&doFuncfion=getCompanyProfiile&eid=3270 1 /2 9/3/2019 Company Profile back to top © 2008 California Department of Insurance LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION https://interactive.web.insurance.ca.gov/companyprofile/companyprofile?event=companyProfile&doFunction=getCompanyProfile&eid=3270 2/2 AGREEMENT TO PROVIDE ANNUAL TRAFFIC SIGNAL MAINTENANCE SERVICES TO THE CITY OF BURLINGAME THIS AGREEMENT is made and entered into in the City of Burlingame, County of San Mateo, State of California, by and between the City of Burlingame, a municipal corporation [hereinafter City], and Bear Electrical Solutions [hereinafter Contractor], as of thc�day of fAJ �017. RECITALS (A) City wishes to establish a contractual relationship with Contractor to provide services and materials on an routine, and emergency on -call basis when needed by City; and (B) City has outlined the scope of services required for this agreement in Exhibit A, the costs for the routine maintenance in Exhibit B, and the on-call/emergency callout in Exhibit C; and (C) City has qualified Contractor for providing these services and materials as to insurance and other provisions as specified in this Agreement; and (D) Contractor represents that it is a qualified and competent supplier of the services and items to be purchased under this Agreement. IT IS AGREED AS FOLLOWS: 1. Scope of Services. The Contractor shall provide the following services: (A) As requested by the Public Works Department, provide annual, semi-annual, quarterly, and monthly inspections of the City of Burlingame's traffic signal system, consisting of 15 intersections, 7 flashing beacons/RRFB, as well as service and repair on a Time & Materials basis as needed, including emergency call out. (B) See Exhibits B and C for the cost of services and labor rates. 2. Time of Performance. The services of the Contractor are to be available upon the execution of this Agreement until June 30, 2018 with renewal options (commencing on July lst of 2018) at the election. of the City. Request for Services. City will request services pursuant to this Agreement and the Contractor and the City shall execute a purchase order specifying the nature and cost of the services to be provided for that specific request. Contractor shall acknowledge receipt and acceptance of the requested materials and/or services by signing a copy of the purchase order and returning it to the City within ten (10) days unless directed to reply sooner. Page 1 of 8 4. Nonexclusivity. Nothing contained in this Agreement shall be construed or interpreted as giving the Contractor any exclusive right or priority to provide any or all of the services described in this Agreement, and the City shall remain free to use its own forces or any other person to provide some or all of those services as the City may in its sole discretion determine best meets the City's needs and wishes. 5. Compliance with Laws. The Contractor shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws. Contractor represents and warrants to City that it has all licenses, permits, qualifications and approvals of whatsoever nature, which are legally required for Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Contractor to perform the services requested under this Agreement. If providing services in the City, Contractor shall maintain a City business license pursuant to the City Municipal Code. 6. Sole Responsibility. Contractor shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement. 7. Cost of Services and Materials. Pricing for those services shall be in conformance with the price listing contained in Exhibit C attached hereto [or shall be specified in the purchase order and attachments to the purchase order for the specific services and materials requested by the City]. In no event shall purchases under this Agreement exceed a total of $Two Hundred Fifty Thousand, Fifty -Four Dollars and No/100 ($250,054.00) over a three-year period. Information/Report Handling. All documents furnished to Contractor by the City and all reports and supportive data prepared by the Contractor under this Agreement are the City's property and shall be delivered to the City upon the completion of Contractor's services or at the City's written request. All reports, information, data, and exhibits prepared or assembled by Contractor in connection with the performance of its services pursuant to this Agreement are confidential until released by the City to the public, and the Contractor shall not snake any of the documents or information available to any individual or organization not employed by the Contractor or the City without the written consent of the City before such release. 9. Availability of Records. Contractor shall maintain the records supporting this billing for not less than three (3) years following completion of the work under this Agreement. Contractor shall make these records available to authorized personnel of the City at the Contractor's offices during business hours upon written request of the City. 10. Project Managers. The designated Project Manager for the City is Andrew Wong who shall represent the City on all matters hereunder. 11. Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to: Page 2 of 9 To City: Attn: Traffic Signal Maintenance Public Works - Engineering City of Burlingame 501 Primrose Road Burlingame, CA 94010 Tel: (650) 558-7230 To Contractor: Bear Electrical Solutions (BES) 1341 Archer Street P.O. Box 924 Alviso, CA 95002 Tel: (408) 449-5178 or personally delivered to Contractor to such address or such other address as Contractor designates in writing to City. 12. Independent Contractor. It is understood that the Contractor, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and not an agent or employee of the City. As an independent contractor, neither Contractor nor any of its officers or employees shall obtain any rights to retirement benefits or other benefits which accrue to City employee(s). With prior written consent, the Contractor may perform some obligations under this Agreement by subcontracting, but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement. 13. Nondiscrimination. Contractor warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Contractor does not and shall not 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. In performing services under this Agreement, Contractor shall not discriminate against any applicant or designer on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition. 14. Insurance. Contractor shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, Contractor's agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Contractor's pricing. See Exhibit D. A. Minimum Scope of Insurance Coverage shall be at least as broad as: Page 3 of 8 i. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 12 04 covering CGL on an "occurrence" basis, including products -completed operations, personal & advertising injury, with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be $2,000,000, ii. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non - owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. iii. Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. iv. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. B. Deductibles and Self -Insured Retentions 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. C. Other Insurance Provision The policies are to contain, or be endorsed to contain the following provisions: i. General Liability and Automobile Liability Coverages a. The City of Burlingame, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor, products and completed operations of the Contractor, premises owned, occupied or used by the Contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City of Burlingame, its officers, officials, employees, or volunteers. 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. Page 4 of 8 b. The Contractor's insurance coverage shall be primary insurance as respects the City of Burlingame, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Burlingame, its officers, officials, employees, or volunteers shall be excess of the Contractor's Insurance and shall not contribute with it. C. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City of Burlingame, its officers, officials, employees, or volunteers. d. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. ii. Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against the City of Burlingame, its officers, officials, employees, or volunteers for losses arising from work performed by the Contractor for the City of Burlingame. iii. All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt required, has been given to the City of Burlingame. D. 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. E. Verification of Coverage Upon execution of this Agreement, Contractor shall famish 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 work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All Page 5 of 8 coverages for subcontractors shall be subject to all of the requirements stated herein. 15. Indemnification. The Contractor shall save, keep and hold harmless indemnify and defend the City its officers, agent, employees and volunteers from all damages, liabilities, penalties, costs, or expenses in law or equity that may at any time arise or be set up because of damages to property or personal injury received by reason of, or in the course of performing work which may be occasioned by a willful or negligent act or omissions of the Contractor, or any of the Contractor's officers, employees, or agents or any subcontractor. This provision shall not apply if the damage or injury is proximately caused by the gross or active negligence or willful misconduct of the City, its officers, agents, employees, or volunteers. 16. Prevailing Wages. Unless otherwise authorized in writing by the City, Contractor shall comply with Labor Code Sections 1774 and 1775. The current schedule of prevailing wage rates supplied by the State Department of Industrial Relations can be found at www.dir.ca.gov/OPRL/PVYD/index.htm or by writing to the Department of Labor Relations. The City shall not supply copies of this schedule for posting on the job site unless specifically requested to do so by the Contractor. If the Contractor intends to use a craft or classification not shown on the general prevailing wage determinations, it may be required to pay the wage rate of the craft or classification most closely related to it as shown in the general detenninations effective at the time of the purchase order. If the Contractor intends to use a craft or classification not shown, it shall notify the City at least five (5) working days before the execution of the purchase order. It is the Contractor's obligation to ensure that prevailing wages are paid on this project in conformance with State law and regulations. 17. Time of the Essence. Prompt delivery of the services and materials is essential to this Agreement. 18. Termination. Upon fifteen (15) calendar days written notice to Contractor, City may, with or without cause and without prejudice to any other right or remedy of City, terminate the Contract for City's convenience. In such case, Contractor will be paid for (1) work satisfactorily completed prior the effective date of such termination, (2) fin-nishing of labor, equipment, and materials in accordance with the Contract Documents in connection with uncompleted work, (3) reasonable expenses directly attributable to termination, and (4) fair and reasonable compensation for associated overhead and profit. No payment will be made on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 19. Waivers. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of the Agreement. Page 6 of 8 20. Modifications. No modification, waiver, termination, or amendment to this Agreement is effective unless made in writing signed by the City and the Contractor. 21. Severability. If any term of this Agreement is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in effect. 22. Entire Agreement. This Agreement sets forth the entire understanding between the parties. Page 7 of 8 IN WITNESS WHEREOF, the City and the Contractor have executed this Agreement on the date of 55 f �; 1 17q B Z Lisa K. Goldman, City Manager ri ame Signature Vice President, Bear Electrical Solutions Appr ed as to form: athleen Kane, City Attorney Page 8 of 8 Exhibit A The City of Burlingame PUBLIC WORKS DEPARTMENT CITY HALL - 501 PRIMROSE ROAD CORPORATION YARD TEL:(650) 558-7230 FAX: (650)696.1598 May 22, 2017 REQUEST FOR PROPOSAL For Professional Maintenance Services for Annual Traffic Signal Maintenance The City of Burlingame is hereby requesting proposals for the services listed herein at the Office of the Director of Public Works, City of Burlingame, 501 Primrose Road, Burlingame, CA 94010. Proposals shall be submitted no later than 5:00 P.M. on June 13.2017. INTRODUCTION The City of Burlingame maintains 15 traffic signalized intersections, two flashing beacons, and five rectangular rapid flashing beacons (RRFB), within its Iimits. An additional 23 traffic signals are maintained by other entities or jurisdictions within Burlingame limits. Three signal interconnection systems currently run off the 15 existing traffic signals. Two systems are located along California Drive and Broadway, while the third system is located on Bayshore Highway. In recent years, the City has contracted out the traffic signal maintenance and repair, while retaining the maintenance and repair of all streetlights for the City. The on -call traffic signal service contract work would include monthly, quarterly, half -yearly, annual maintenance work, emergency knock -down responses, and non -emergency repair work 1. SCOPE OF SERVICES This contract is an annual contract and shall be renewable subsequent to both parties agreeing to its implementation. A. TRAFFIC SIGNALS Monthly Routine Maintenance Visual inspection of controllers for proper operation. Visual inspection of all vehicular and pedestrian signals for proper operation. Check and actuate each pedestrian push button for proper operation. Visual inspection of all illuminated street name signs for proper operation. Manually record inspection date and time in controller cabinet and send written confirmation of monthly inspections with recommendations to Burlingame by intersection. Exhibit A 3-Month Routine Maintenance Visual inspection of roadway along loop detectors for exposed wires, cracks and potholes. Check detector amplifiers and tune as needed. Manually record inspection date and time in controller cabinets and send written confirmation of 3-month inspections with recommendations to Burlingame by intersection. 6-Month Routine Maintenance Check controller cabinet filter. Check ground rod clamp and wire. Check the presence of wire schematics and records in the cabinet. Check the operation of the fan. Check the operation of the ground fault receptacle. Measure and record voltage at service inputs in cabinet. Check for bent or missing visors and backplates. Check integrity of splices. Check for wear and function of electromechanical controllers. Check and match the time setting with time sheets on electromechanical and solid state controllers. Manually record inspection date and time in controller cabinets and send written confirmation of 6-month inspections with recommendations to Burlingame by intersection. Yearly Routine Maintenance Replace all incandescent signal lamps included within the area -specific change -out program. Check all LED signal lamps. Clean and polish all lens and reflectors. Vacuum and clean controller cabinets and contents. Replace of cabinet filter. Check waterproof gasket seals on controller cabinets. Check water accumulation and duct sealants. Lubricate hinges and locks on controller cabinets. Check all signal heads and align when necessary. Check indicator lamps. Check all connectors. Check detector extensions. Check load switches. Check relays. Manually record inspection date and time in controller cabinets and send written confirmation of yearly inspection with recommendations to Burlingame by intersection. On -Call Services Provide telephone service for the receiving of notification of inoperative traffic signals including those items requiring emergency repair and service during normal business hours; and, an answering service for the receiving of notification of inoperative traffic signals requiring emergency repairs and service all times other than during normal business hours. Provide service personnel available 24 hours per day to respond to traffic signal and controller emergency/trouble calls. Emergency signal service shall be on a time materials (T&M) basis with an overhead markup not to exceed 10%. Emergency calls must be responded to within 2 hours of receiving calls. Non -emergency calls must be responded to within five (5) working days. Provide non -emergency signal repairlrepiacement services shall be on a time & materials (T&M) basis with an overhead markup not to exceed 15%. 2 Exhibit A Respond to Underground Service Alert (USA) calls and mark traffic signal utilities and wiring locations to USA standards within 48 hours of requests. Respond to emergency USA requests as appropriate. 2. ADDITIONAL SCOPE OF SERVICES Any additional work, including labor and materials outside of normal maintenance that is not listed in the scope of services, shall be approved in advance by the City prior to beginning the work. Hourly rate per personnel and equipment shall be provided as a part of the proposal. 3. ATTACHMENTS Attachment A is the City Location Map of traffic signals to be maintained under this contract. Attachment B is a sample blank City Contract Agreement Form. 4. PROJECT SCHEDULE AND CONSULTANT SELECTION a. Schedule for Consultant Selection Issue Proposal ................................................ May 23, 2017 Proposals Due ................................................ June 13, 2017 Negotiate scope and contract ..........................tune 2017 Contract Award ............................................. July 3, 2017 Implement Contract ....................................... July 5, 2017 b. Proposal Requirements The proposal should include the following components. The suggested maximum number of pages are also specified for each component. The proposal should be brief and concise. Cover letter (1 page). Organization chart (1 page). ^� Graphics or exhibits (4 pages max.) - Optional. Statement of Qualifications (12 pages max.) - Provide a summary of firm's information, direct work experience, a Iist of four (4) references and resumes of key personnel. List of recent similar work (2 pages max). Completed Bid Schedule (I page) - Schedule to show a dollar cost per month for furnishing labor, materials and equipment, pursuant to Section 1 (Scope Of Services) and Section 5 (Bid Schedule) for strectlight and signalized intersection maintenance service. Prevailing wage rates. 1i DIR C. Project Management and Billings During the course of the contract and to support each and every invoice the contractor shall furnish monthly reports that shall include, but not be limited to, the following: A narrative progress report of specific accomplishments during the reporting period, problems encountered or anticipated, plans for resolution of problems, accomplishments scheduled for the next reported period, and results of any significant activities. A cost report for each task showing: (1) Current period and cumulative expenditures to date. (2) Estimated cost to complete and at completion. (3) Estimated date to complete. (4) Approved budget and approved contract amount. Exhibit A (5) A comparison of the estimated cost at completion with the approved budget to show any variance. Completed reports are to be submitted monthly, together with invoice submittal, unless directed otherwise by the City's project manager. The invoice shall be accompanied by a const breakdown showing specific person and classification being billed for the period by task. d. The contractor shall state his or her willingness to accept the terms and conditions in the Agreement for Professional Services attached. This is the City's standard agreement and the contractor shall list any items which cannot be met and the alternative working if necessary to ensure proper agreement terms. e. Insurance Requirements General Liability .............................. $2,000,000 Automotive Liability ........................ $1,000,000 Worker's Compensation Insurance per State Law Additional insurance requirements as specified in Section 14 of Attachment B. £ Selection Criteria Selection will be based on the following evaluation criteria listed below. Work program understanding. Experience in similar work. Ability to develop innovative solutions or implement advanced techniques. Past performance on quality of work and response time. Ability and commitment to meeting maintenance/repair schedules. Competitiveness of bid schedule submission. Four (4) bounded copies of the proposals are to be submitted to: Andrew Wong, Senior Engineer City of Burlingame 501 Primrose Road Burlingame, CA 94010 For questions and additional information about this RFP, contact me at (650) 55 $-7230. Since ely, Andr Wong, P Senior ngineer Enclosures: Attachments A and B cc: Syed Murtuza, Director of Public Works Art Morimoto, Assistant Director of Public Works 4 Exhibit A CITY OF BURLINGAME BID SCHEDULE FOR ANNUAL TRAFFIC SIGNAL MAINTENANCE PROGRAM Item Item Estimated Unit per No. Description Quan_ tits Period Traffic Signals: T1) Monthly Routine Maintenance (per location) 22 each T2) 3-Month Routine Maintenance (per location) 22 each T3) 6-Month Routine Maintenance (per location) 22 each T4) Annual Routine Maintenance (per location) 22 each T5) Monthly Emergency Call -out Service 1 L.S. T6) Monthly Meeting w/City Staff 1 L.S. TOTAL AMOUNT Total Amount in Words: Unit Price Item Total * Estimated quantities are used for bidding purposes only. Actual quantities will be established after contractor selection. E EXHIBIT A Exhibit LU Z z $-�_<� �tl�Z W O CO~ -� coC)z.: U LL D �d d O V 5� W ti c E m E rn cNu1 � o C � � y i9 'O � p P U V LN z ®Z J F- V —C J Q Z ® J U U O (D Fn EXHIBIT B CITY OF BURLINGAME BID SCHEDULE FOR ANNUAL TRAFFIC SIGNAL MAINTENANCE PROGRAM Item Item No, Description Traffic Signals: T1) Monlhly Routine Maintenance (per location) T2) 34onth Routine Maintenance (per location) T3) 6-Month Routine Maintenance (per location) T4) Annual Routine Maintenance (per location) T5) Monthly Emergency call -out Service T6) Monthly Meeting w/city, Staff TOTAL AMOUNT Total Amount in Words; Estimated Unit Rer Unit Item Quantity Period Price Total 22 each $50.00 $1,100.00 22 each $50.00 $1,100.00 22 each $50.00 $1,100.0c 22 each $50.00 $1,100.00 1 L, S. $25,000.00 $25,000.00 1 L.S, $5,000.00 $s,000.00 34,400.00 Thirty Four Thousand and Four Hundred Dollars and No Cents * Lstimated quantities are used for bidding purposes only, Actual q«a11tities will be established after contrzlctor selection. 5 EXHIBIT C p Hourly Rates 1 1 1 1 1 i 4 9 BEAR EIECMICRL SOLUMNS Aa CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDffY-Y Y) 07/107/10/2G172417 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER LIC #0056172 1-888-845-2248 CONTACT McSherry & Hudson 150 West Santa Clara Street Suite 715 NAME: PHONE 4G8-550-2130 FAX 408-550-2119 _MC No Ext : = No : E-MAIL ADDRESS: San Jose, CA 95113 INSURERS AFFORDING COVERAGE NAIC4 INSURER A: BERKLEY ASSUR CO 39462 Vince Scolari INSURED Bear Electrical Solutions, Inc. INSURERB: WEST AMERICAN INS CO 44393 INSURERC: NAVIGATORS SPECIALTY INS CO 36056 INSURER D: THE OHIO CASUALTY INS CO. 24074 1341 Archer Street INSURERE: Alviso, CA 95002 INSURER F COVERAGES CERTIFICATE NUMBER: 50326700 REVISION NUMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE ADOL SUER POLICY NUMBER MMI�IYYYY MMIDDIYYYY LIMITS A GENERAL LIABILITY X X VUI+IB0142000 04/01/17 04/01/18 EACH OCCURRENCE $1,000,D00 X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE F OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $100, 000 MED EXP (Any one person) $ 51000 PERSONAL & ADV INJURY $1,000,000 X Per Project Aggregate GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE UMIT APPLIES PER: PRODUCTS - COMP/OP AGO $2,000,000 POLICY M PRO LOC $ B AUTOMOBILE LIABILITY X X BAW57113287 04/01/1 04/01/18 COMBINED SINGLE LIMIT Ea accident 1,000,000 X BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accidentJ $ X NON -OWNED HIRED AUTOS Ix AUTOS PROPERTY DAMAGE Per accident $ $ C UMBRELLA UAB X OCCUR LAI7EXC900785IC 04/01/1 04/01/18 EAC ICCCURRENGE $ 5,000,000 X AGGREGATE $ 5,000,000 EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN ANY PROPRIETOWPARTNERIEXECUTNE OFHCERIMEMBER EXCLUDED? N ! A WC STATLI- OTH- O E.L. EACH ACCIDENT $ F.L. DISEASE - EA EMPLOYE $ (Mandatory In NH) If yes, descnhe under E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS below D Rented Leasad Equipment BM057113287 04 O1 1 04 01 18 Limit 157,000 D Scheduled Equipment BM057113287 04/01/1 04/01/18 Limit 207,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: Traffic Signal Maintenance City of Burlingame its agents, representatives, and employees are to be covered as additional insured. Coverage is primary and non-contributory. L,rr%t Iriumi G ntiuurm UAI IULLLAI IUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Burlingame THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 201 Primrose Road AUTHORIZED REPRESENTATIVE �/ Burlingame, CA 94010 cw/ i USA Y� ACORD 25 (2010105) wendy15178 50326700 V IVIJU-100 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number: BAW57113287 (2) If the Limits of Insurance of any other insurance policy have been exhausted; or (3) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. 2. EMPLOYEES AS INSUREDS SECTION II - LIABILITY COVERAGE, paragraph A.1. - WHO IS AN INSURED is amended to include the following as an insured: f. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow, but only for acts within the scope of their employment by you. Insurance provided by this endorse- ment is excess over any other insurance available to any "employee". g. An "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties re- lated to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee". 3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION II - LIABILITY COVERAGE, paragraph A.I. - WHO IS AN INSURED is amended to include the following as an insured: h. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "insured". However, such person or organization is an "insured": (1) Only with respect to the operation, maintenance or use of a covered "auto"; (2) Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or agreement, or the permit has been issued to you; and (3) Only for the duration of that contract, agreement or permit 4. SUPPLEMENTARY PAYMENTS SECTION II - LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, para- graphs (2) and (4) are replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations ) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the insured at our request, including actual loss of earn- ings up to $500 a day because of time off from work. 5. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to 0 the employer by the workers compensation exclusivity rule, or similar protection, the following provision is added: SECTION II - LIABILITY, exclusion 113.5. FELLOW EMPLOYEE does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire. SECTION III - PHYSICAL DAMAGE COVERAGE is amended as follows: 6. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos": a. You hire, rent or borrow; or O 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 2 of 7 Policy Number: BAW57113287 To the extent possible, notice to us should include: (1) How, when and where the "accident" or "loss" took place; (2) The "insureds" name and address; and (3) The names and addresses of any injured persons and witnesses. 20. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.5., Transfer of Rights of Recovery Against Others to Us, is amended by the addition of the following: If the person or organization has waived those rights before an "accident' or "loss", our rights are waived also. 21, HIRED AUTO COVERAGE TERRITORY SECTION IV -BUSINESS AUTO CONDITIONS, paragraph B.7., Policy Period, Coverage Territory, is amended by the addition of the following: f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the insured's responsibility to pay for damages is determined in a "suif', on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. SECTION V -DEFINITIONS Is amended as follows: 22. BODILY INJURY REDEFINED Under SECTION V - DEFINTIONS, definition C. is replaced by the following: "Bodily injury' means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. COMMON POLICY CONDITIONS 23. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS, paragraph A. - CANCELLATION condition applies except as fol- lows: If we cancel for any reason other than nonpayment of premium, we will mail to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states which require more than 60 days prior notice of cancella- tion. O 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc_,w0 its permission_ Page 7 of 7 Policy Number: VUMB0142000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s : Location And Description Of Completed Operations As required by written contract executed prior to the Construction project sites at which you performed work date of occurrence but only to the extent for such additional insured. permitted by law and the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard". CG 20 37 07 04 0 ISO Properties, Inc., 2004 Page 1 of 1 13 Policy Number: VUMB0142000 COMMERCIAL GENERAL LIABILITY CG 20 33 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section Il — Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy_ Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the Failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CO 20 33 07 04 0 ISO Properties, Inc., 2004 Page 1 of 1 Ip Policy Number: VUMBO ] 42000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY WORDING This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE With respect to coverage provided to an additional insured via attachment of an Additional Insured endorsement to this policy, such coverage is primary insurance and we will not seek contribution from any other insurance available to that additional insured. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED VCAS2035 11 10 Page 1 of 1 Policy Number: VUMB0142000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Nance of Person or Organization: To any person or organization provided you entered into the contract with that person or organization prior to any claim or loss to which this insurance applies. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section Iv — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 171 SUPPLEMENT TO CERTIFICATE OF INSURANCE a7/lBATE o/za17 NAME OF INSURED: gear Electrical Solutions, Inc. Additional Description of Operations/Remarks from Page 1: Additional Information: Includes: Additional Insured - ongoing operations per attached CG20330704. Additional Insured - completed operations per attached CO20370704. Primary and NcnContributory Wording per attached VCAS20351110. Waiver of Subrogation per attached form CG24041093. Auto Liability: Additional Insured per attached form CA88100113. Waiver of Subrogation per attached form CA88100113. SUPP (05104) Mr. Robert Baumgarten 707 Laurel Avenue Burlingame, CA 94010 ,ac Row® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 711312017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGRATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements PRODUCER Willis Towers Watson CONTACT NAME: San Jose 12980 Metcalf Ave Suite 500 PHONE (A/C, No EXt): (408) 321-9901 FAX (A/C, NO): (360) 828-0699 Overland Park KS 66213 EMAIL ADDRESS: Jerry.Sparks@bbsihq.com INSURER(S) AFFORDING COVERAGE NAIL # INSURER A: ACE American Insurance Company 22667 INSURER B: INSURED Barrett Business Services, Inc. LICIF INSURER C: BEAR ELECTRICAL SOLUTIONS, INC. INSURER D: 1341 ARCHER STREET INSURER E: SAN JOSE, CA 95131 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUES OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LTR TYPE OF INSURANCE ADDL INSR SUER WVD POLICY NUMBER POLICY EFF (MMIDDIYYYY) POLICY EXP (MMIDDIYYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE S COMMERCIAL GENERAL LIABILITY CLAIMS -MADE C OCCUR DAMAGE TO RENTED PREMISES (Ea ❑ccurence) S MED EXP (Any one person) 5 PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG f i POLICY Fl PRQ.i- I I LOC IECT $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY tNJURY (Per person) $ HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) 5 PROPERTY DAMAGE 5 UMBRELLA LIAB-I OCCUR EACH OCCURRENCE $ - EXCESS LIAB OCCUR AGGREGATE g lDED I RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS LIABILITY YIN RWC C64374242 02101/17 02/0112018 WC STATII- TORYLIMITS OTH- ER E.L. EACH ACCIDENT 52,000,000 ANY PROPRIETORIPARTNER/ EXECUTIVE Y OFFICERIMEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N 1 A Covered states: CA E.L. DISEASE- EA EMPLOYEE $2,000,000 EL. DISEASE - POLICY LIMIT $2,00l DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, it more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Burlingame EXPIRATION DATA THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE POLICY PROVISIONS. WITH THE 501 Primrose Road AUTHORIZED REPRESENTATIVE Burlingame Ca 94010 Authorized ,f Rep A ACORD 25 (2010/05) c) 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD. AGENCY CUSTOMER ID: LOC: #: AC4R�® ADDITIONAL REMARKS SCHEDULE AGENCY NAMED INSURED: Barrett Business Services, Inc. LICIF Arrowhead General Insurance Agency BEAR ELECTRICAL SOLUTIONS, INC. POLICY NUMBER 1341 ARCHER STREET SAN JOSE, CA 95131 RWC C64374242 CARRIER NAIC CODE ACE American Insurance Company 22667 ]EFFECTIVE DATE: 02/01/17 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability (01114) CERTIFICATE HOLDER: City of Burlingame ADDRESS: 501 Primrose Road Burlingame Ca 94010 Re - Traftic Signal Maintenance Page 2 of 2 ACORD 101 (2008/01) c) 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD. BURLINGAME AGENDA NO: 8i STAFF REPORT MEETING DATE: July 6, 2020 To: Honorable Mayor and City Council Date: July 6, 2020 From: Syed Murtuza, Director of Public Works — (650) 558-7230 Subject: Adoption of Resolutions Awarding a Construction Contract to Redgwick Construction Co. for the Broadway, California Drive, Cadillac Way, and Trousdale Drive Federal Grant Resurfacing Project, in the Amount of $1,589,914, and Approving a Professional Services Agreement with The Hanna Group, Inc. for Construction Management Services in the Amount of $184,850 RECOMMENDATION Staff recommends that the City Council adopt the attached resolutions as follows: 1) Award a construction contract to Redgwick Construction Co. for the Broadway, California Drive, Cadillac Way, and Trousdale Drive Federal Grant Resurfacing Project, in the amount of $1,589,914.30, and authorize the City Manager to execute the construction contract; and 2) Approve a professional services agreement with The Hanna Group, Inc., an NV5 subsidiary construction management firm, in the amount of $184,850 for construction management services related to the project and authorize the City Manager to execute the agreement. BACKGROUND The Federal Grant Resurfacing Project consists of resurfacing roadway sections along Broadway, California Drive, Cadillac Way, and Trousdale Drive. These streets are listed on the federal highway system for Local Roads and Streets Preservation Program and are located in close proximity to the Priority Development Areas as identified by the Metropolitan Transportation Commission (MTC). They are therefore eligible to compete for federal grants. In November 2016, the City of Burlingame submitted an application for federal funding to resurface the aforementioned streets in response to the Call for Projects under MTC's One Bay Area Grant 2 (OBAG2) Program for pavement rehabilitation. In May 2017, the City of Burlingame was awarded $571,000 in federal funds for the project construction. The City is required to provide a local match in the amount of $1,579,000. The local match requirement is satisfied utilizing funds from a combination of State Gas Tax, San Mateo County Measure A Sales Tax, and Senate Bill (SB) 1 funds. 1 Adoption of Resolutions Awarding a Construction Contract to Redgwick Construction Co. July 6, 2020 for the Broadway, California Dr., Cadillac Wy., and Trousdale Dr. Federal Grant Resurfacing Project and Approving a professional Services Agreement with The Hanna Group Inc. for the Construction Management Services The project scope of work includes the installation of an asphalt concrete overlay, pavement grinding, full depth asphalt repairs, utility frame and grate adjustments, pavement marking and traffic signal detection device replacements, Americans with Disabilities Act (ADA) compliant curb ramps, and pavement striping. DISCUSSION Construction Contract After completion of the project design, and receiving approvals and authorization from the federal and state agencies, the City advertised the project for construction bids on May 18, 2020. The project bids were opened on June 16, 2020. The City received five bid proposals, with bids ranging from $1,589,914.30 to $1,795,526.50. Redgwick Construction Co. is the lowest responsible bidder with its bid amount of $1,589,914.30, which is 4.5% lower than the engineer's estimate of $1,660,970. The contractor has met all the project requirements and has a past history of successful construction work for the City of Burlingame as well as for other public agencies in the Bay Area. Professional Services Agreement The Hanna Group, Inc., an NV5 subsidiary, was selected through a competitive process to perform construction management services for the Broadway, California Drive, Cadillac Way, and Trousdale Drive Federal Grant Resurfacing Project. Staff has negotiated the following scope of construction management services with The Hanna Group in the amount of $184,850. • Perform daily construction inspection and provide construction management services for a 75 working day construction period. • Prepare daily written construction reports, photographic and video records of the project, OBAG2 funding paperwork, and manage project documentation. • Review submittals and labor compliance monitoring. • Attend and manage construction meetings between the City and contractor. • Material testing and quality assurance services, including scheduling and performance of material testing, review test reports, review quality control plans, and ensure that certificates or source release tags are furnished by the contractor. • Provide public outreach services for the project. • Negotiate claims, change orders, liquidated damages, and process payments. • Perform project completion, including project acceptance, develop final punch list, and perform project closeout. The professional service fee amount represents approximately 12% of the total construction cost. The amount is consistent with industry standards for construction management and inspection services based on the scope and complexity of the project involving various construction methods for a resurfacing project. 2 Adoption of Resolutions Awarding a Construction Contract to Redgwick Construction Co. July 6, 2020 for the Broadway, California Dr., Cadillac Wy., and Trousdale Dr. Federal Grant Resurfacing Project and Approving a professional Services Agreement with The Hanna Group Inc. for the Construction Management Services The project construction is scheduled to begin in late August 2020 and is expected to be completed by February 2021. Staff will conduct outreach to the businesses and residents in the affected areas to notify them of the project, and work with the contractor to minimize the construction disruption and inconveniences to the public as much as possible. FISCAL IMPACT Estimated Project Expenditures: The following are the estimated project construction expenditures. Construction $1,589,914 Construction Inspection and Testing $184,850 Contingencies (15%) $266,215 Construction Engineering & Administration $109,021 Total $2,150,000 Funding Availability: The project is funded by a federal grant in the amount of $571,000, and the remaining $1,579,000 is funded by a combination of State Gas Tax, San Mateo County Measure A Sales Tax, SB 1, and pavement damage restoration funding from private development projects. Exhibits: • Resolution Awarding Construction Contract • Resolution Approving Professional Services Agreement • Construction Contract • Professional Services Agreement • Bid Summary • Project Location Map 3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AWARDING A CONSTRUCTION CONTRACT TO REDGWICK CONSTRUCTION CO. FOR THE BROADWAY, CALIFORNIA DRIVE, CADILLAC WAY, AND TROUSDALE DRIVE FEDERAL GRANT RESURFACING PROJECT AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT CITY PROJECT NO. 84810 FEDERAL AID PROJECT NO. RSTP 5171 (024) WHEREAS, on May 18, 2020, the City issued notice inviting bid proposals for the Broadway, California, Cadillac and Trousdale Federal Resurfacing Project, City Project No. 84810, Federal Aid Project No. RSTP 5171 (024); and WHEREAS, on June 16, 2020, all proposals were received and opened before the City Clerk and representatives of the Public Works Department; and WHEREAS, Redgwick Construction Co. submitted the lowest responsible bid for the job in the amount of $1,589,914.30. NOW, THEREFORE, be it RESOLVED, and ORDERED, that 1. The Plans and Specifications, including all addenda, are approved and adopted; 2. The bid of REDGWICK CONSTRUCTION CO. for the project in the amount of $1,589,914.30, and is accepted; 3. A contract be entered into between the successful bidder and the City of Burlingame for the performance of the work, and that the City Manager is authorized to execute the contract and approve the faithful performance bond and the labor materials bond required to be furnished by the contractor. 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 61-h day of July 2020, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Meaghan Hassel -Shearer, City Clerk RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH THE HANNA GROUP, INC., AN NV5 SUBSIDIARY, FOR THE BROADWAY, CALIFORNIA DRIVE, CADILLAC WAY, AND TROUSDALE DRIVE FEDERAL GRANT RESRUFACING PROJECT AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT CITY PROJECT NO. 84810 RESOLVED, by the CITY COUNCIL of the City of Burlingame, California which FINDS, ORDERS and DETERMINES AS FOLLOWS: 1. The public interest and convenience require execution of the agreement cited in the title above. 2. The City Manager is authorized to sign the 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 6tth day of july 2020 and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Meaghan Hassel Shearer, City Clerk AGREEMENT FOR PUBLIC IMPROVEMENT BROADWAY, CALIFORNIA, CADILLAC AND TROUSDALE FEDERAL RESURFACING PROJECT CITY PROJECT NO. 84810 FEDERAL PROJECT NO. RSTP 5171(024) THIS AGREEMENT, made in duplicate and entered into in the City of Burlingame, County of San Mateo, State of California on , 2020 by and between the City of Burlingame, a Municipal Corporation, hereinafter called "City", and Redgwick Construction Co., a California Corporation, hereinafter called "Contractor." WITNESSETH: WHEREAS, City has taken appropriate proceedings to authorize construction of the public work and improvements herein provided for and to authorize execution of this Contract; and WHEREAS, pursuant to State law and City requirements, a notice was duly published for bids for the contract for the improvement hereinafter described; and WHEREAS, on , after notice duly given, the City Council of Burlingame awarded the contract for the construction of the improvements hereinafter described to Contractor, which the Council found to be the lowest responsive, responsible bidder for these improvements; and WHEREAS, City and Contractor desire to enter into this Agreement for the construction of said improvements. NOW, THEREFORE, IT IS AGREED by the parties hereto as follows: 1. Scope of work. Contractor shall perform the work described in those Contract Documents entitled: BROADWAY. CALIFORNIA. CADILLAC. AND TROUSDALE FEDERAL RESURFACING PROJECT, CITY PROJECT NO. 84810, FEDERAL PROJECT NO. RSTP 5171 (024). Agreement -Page 1 2. The Contract Documents. The complete contract between City and Contractor consists of the following documents: this Agreement; Notice Inviting Sealed Bids, attached hereto as Exhibit A; the accepted Bid Proposal, attached hereto as Exhibit B; the specifications, provisions, addenda, complete plans, profiles, and detailed drawings contained in the bid documents titled "Broadway, California, Cadillac and Trousdale Federal Resurfacing Project, City Project No. 84810, Federal Project No. RSTP 5171 (024)" attached as Exhibit C; the State of California Standard Specifications 2010, as promulgated by the California Department of Transportation; prevailing wage rates of the State of California applicable to this project by State law; and all bonds; which are collectively hereinafter referred to as the Contract Documents. All rights and obligations of City and Contractor are fully set forth and described in the Contract Documents, which are hereby incorporated as if fully set forth herein. All of the above described documents are intended to cooperate so that any work called for in one, and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. 3. Contract Price. The City shall pay, and the Contractor shall accept, in full, payment of the work above agreed to be done, the sum of one million, five hundred eighty-nine thousand, nine hundred fourteen dollars and thirty cents ($1,589,914.30), called the "Contract Price". This price is determined by the lump sum and unit prices contained in Contractor's Bid. In the event authorized work is performed or materials furnished in addition to those set forth in Contractor's Bid and the Specifications, such work and materials will be paid for at the unit prices therein contained. Said amount shall be paid in progress payments as provided in the Contract Documents. 4. Termination At any time and with or without cause, the City may suspend the work or any portion of the work for a period of not more than 90 consecutive calendar days by notice in writing to Contractor that will fix the date on which work will be resumed. Contractor will be granted an adjustment to the Contract Price or an extension of the Time for Completion, or both, directly attributable to any such suspension if Contractor makes a claim therefor was provided in the Contract Documents. The occurrence of any one or more of the following events will justify termination of the contract by the City for cause: (1) Contractor's persistent failure to perform the work in accordance with the Contract Documents; (2) Contractor's disregard of Laws or Agreement -Page 2 Regulations of any public body having jurisdiction; (3) Contractor's disregard of the authority of the Engineer; or (4) Contractor's violation in any substantial way of any provision of the Contract Documents. In the case of any one or more of these events, the City, after giving Contractor and Contractor's sureties seven calendar days written notice of the intent to terminate Contractor's services, may initiate termination procedures under the provisions of the Performance Bond. Such termination will not affect any rights or remedies of City against Contractor then existing or that accrue thereafter. Any retention or payment of moneys due Contractor will not release Contractor from liability. At the City's sole discretion, Contractor's services may not be terminated if Contractor begins, within seven calendar days of receipt of such notice of intent to terminate, to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 calendar days of such notice. Upon seven calendar days written notice to Contractor, City may, without cause and without prejudice to any other right or remedy of City, terminate the Contract for City's convenience. In such case, Contractor will be paid for (1) work satisfactorily completed prior the effective date of such termination, (2) furnishing of labor, equipment, and materials in accordance with the Contract Documents in connection with uncompleted work, (3) reasonable expenses directly attributable to termination, and (4) fair and reasonable compensation for associated overhead and profit. No payment will be made on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 5. Provisions Cumulative. The provisions of this Agreement are cumulative and in addition to and not in limitation of any other rights or remedies available to the City. 6. Notices. All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid. Notices required to be given to the City shall be addressed as follows: Mr. Kevin Okada Senior Engineer City of Burlingame 501 Primrose Road Burlingame, California 94010 Agreement -Page 3 Notices required to be given to Contractor shall be addressed as follows: Bob Rahebi President/CEO/CFO Redgwick Construction Co. 21 Hegenberger Court Oakland, CA 94621 7. Interpretation As used herein, any gender includes the other gender and the singular includes the plural and vice versa. 8. Waiver or Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the City and the Contractor. One or more waivers of any term, condition, or other provision of this Agreement by either party shall not be construed as a waiver of a subsequent breach of the same or any other provision. 9. Controllina Law. This Agreement is to be governed by and interpreted in accordance with the laws of the State of California. 10. Successors and Assianees. This Agreement is to be binding on the heirs, successors, and assigns of the parties hereto but may not be assigned by either party without first obtaining the written consent of the other party. 11. Severability. If any term or provision of this Agreement is deemed invalid, void, or unenforceable by any court of lawful jurisdiction, the remaining terms and provisions of the Agreement shall not be affected thereby and shall remain in full force and effect. 12. Indemnification. Contractor shall indemnify, defend, and hold the City, its directors, officers, employees, agents, and volunteers harmless from and against any and all liability, Agreement -Page 4 claims, suits, actions, damages, and causes of action arising out of, pertaining or relating to the actual or alleged negligence, recklessness or willful misconduct of Contractor, 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 Contractor 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 by state law. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve Contractor 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. IN WITNESS WHEREOF, two identical counterparts of this Agreement, consisting of five pages, including this page, each of which counterparts shall for all purposes be deemed an original of this Agreement, have been duly executed by the parties hereinabove named on the day and year first hereinabove written. CITY OF BURLINGAME, a Municipal Corporation By Lisa K. Goldman, City Manager Approved as to form: Kathleen Kane, City Attorney ATTEST: Meaghan Hassel -Shearer, City Clerk "CONTRACTOR" By Print Name: Redgwick Construction Co. Agreement -Page 5 AGREEMENT FOR PROFESSIONAL CONSTRUCTION MANAGEMENT SERVICES WITH THE HANNA GROUP INC. AN NV5 SUBSIDIARY FOR THE BROADWAY, CALIFORNIA, CADILLAC AND TROUSDALE FEDERAL RESURFACING PROJECT CITY PROJECT NO. 84810 THIS AGREEMENT is entered into this day of , 2020, by and between the City of Burlingame, State of California, herein called the "City", and THE HANNA GROUP INC, AN NV5 SUBSIDIARY engaged in providing PROFESSIONAL CONSTRUCTION MANAGEMENT services herein called the "Consultant". RECITALS A. The City is considering conducting activities for consultant engineering services for construction management services for the Broadway, California, Cadillac and Trousdale Federal Resurfacing Project, City Project No. 84810 B. The City desires to engage a professional engineering consultant to provide construction management 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 services such as construction observation, inspection and coordination; provide design reviews and recommend contract change orders; prepare progress payments; complete federal funding paperwork; manage public relations; coordinate meetings with City staff; provide a final report and provide as-builts plans; and as detailed in "Scope of Services" of the attached Exhibit A of this agreement. 2. Time of Performance. The services of the Consultant are to commence upon the execution of this Agreement with completion of all work by December 30, 2021. Page 1 of 8 3. Compliance with Laws. The Consultant shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws. Consultant represents and warrants to City that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, and approvals 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 184 850; and payment shall be based upon City approval of each task. Billing shall include current period and cumulative expenditures to date and shall be accompanied by a detailed explanation of the work performed by whom at what rate and on what date. Also, plans, specifications, documents or other pertinent materials shall be submitted for City review, even if only in partial or draft form. Page 2 of 8 7. Availability of Records. Consultant shall maintain the records supporting this billing for not less than three (3) years following completion of the work under this Agreement. Consultant shall make these records available to authorized personnel of the City at the Consultant's offices during business hours upon written request of the City. 8. Project Manager. The Project Manager for the Consultant for the work under this Agreement shall be Jeff Pallesen, Project Manager. 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: Kevin Okada, Senior Civil Engineer City of Burlingame 501 Primrose Road Burlingame, CA 94010 To Consultant: Jeff Pallesen, Project Manager NV5 INC. 2525 Natomas Park Drive, Suite 300 Sacramento, CA, 95833 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. Page 3 of 8 Consultant agrees to testify in any litigation brought regarding the subject of the work to be performed under this Agreement. Consultant shall be compensated for its costs and expenses in preparing for, traveling to, and testifying in such matters at its then current hourly rates of compensation, unless such litigation is brought by Consultant or is based on allegations of Consultant's negligent performance or wrongdoing. 12. Conflict of Interest. Consultant understands that its professional responsibilities is solely to the City. The Consultant has and shall not obtain any holding or interest within the City of Burlingame. Consultant has no business holdings or 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: 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 Page 4 of 8 ($1,000,000) combined single limit per occurrence and two million dollars ($2,000,000) aggregate for bodily injury, personal injury and property damage in a form at least as broad as ISO Occurrence Form CG 0001. ii. Consultant agrees to have and maintain for the duration of the contract, an Automobile Liability insurance policy ensuring him/her and his/her staff to an amount not less than one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage. 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: 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 Page 5 of 8 maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 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, Page 6 of 8 authorized agents and volunteers from all damages, liabilities, penalties, costs, or expenses in law or equity, including but not limited to attorneys' fees, that may at any time arise, result from, relate to, or be set up because of damages to property or personal injury received by reason of, or in the course of performing work which arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, or any of the 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. 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 Page 7 of 8 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 By Lisa K. Goldman City Manager Approved as to form: City Attorney — Kathleen Kane ATTEST: City Clerk - Meaghan Hassel -Shearer "Consultant" NV5 Print Name: Title: Page 8 of 8 EXHIBIT A a WORK PLAN COORDINATION I COORDINATION I COORDINATION I COORDINATION CONSTRUCTION POST -CONSTRUCTION \ / PRE -CONSTRUCTION / (IF REQUESTED) \/ � I I Pre -construction meetings \ Project Meetings Maintain project records 1 I Review and analyze contractor's Provide comprehensive contract Constructability � schedule administration I Prepare punch -lists / 1 Finalize As-Builts / Review Coordinate utility relocations Provide materials testing for the I / Prepare Final Pay Documents 1 Plan and Specification Review and assist in approving project / Review / traffic handling and traffic control Review materials testing results I Assist in project closeout / \ / \ Construction / plans Conduct labor compliance documents (OBAG)� Package all Deliverables / Scheduling Review /' Ensure safe implementation of interviews and monitor compliance / \ Utility Relocation the traffic control plans Monitor and inspect contractor's \ Coordination / Review contractor's submittals daily progress \ Documentation of / Review, obtain approval and Prepare Daily Diaries— \ Pre -Construction / monitor the contractor's Prepare monthly estimates Conditions i' \ prepared SWPPP Plan Contract Change Order estimates / —' —\ Conduct regular safety reviews of CCO Negotiation the entire project site for Cal Review Extra Work Bills \ OSHA compliance Conduct quantity calculations and / \ Assist in response to RFI's prepare daily and monthly / \ Prepare estimates estimates / '\ Prepare As-Builts / THE HANNA GROUP APPROACH TO THE PROJECT Our project approach for the Federal Resurfacing Project is developed to achieve project delivery while having the following goals in mind: • A quality project that meets all of the requirements of the contract documents • Ensure that the project is completed within the specified schedule and the allotted budget • Positive public perception for the project as well as for the City of Burlingame • A safely constructed project, with a "No Injury" goal • Be flexible and responsive to the City, and any other stakeholders for issue resolution • Assist the Contractor to complete the project in the least amount of time possible • Manage changes to avoid Contractor claims and minimize costs • Complete the project to the satisfaction of the City Our approach to managing this project for the City of Burlingame will start with professionally staffing the project with qualified personnel as requested by the City. It is essential for the construction management team to have a thorough understanding of the project along with potential issues and challenges. Given our experience with similar projects, we have outlined our work plan giving due consideration to key issues and FEDERAL RESURFACING PROJECT City Project No. 84810 challenges. From the available information, we have a thorough understanding of the required expertise needed and the commitment necessary to help the City of Burlingame successfully deliver this program. In the successful delivery of a project, our services begin by providing the City expert staff support in all three phases of the construction project delivery: • Phase 1— Pre -Construction Services (If Needed) • Phase 2 — Construction Services • Phase 3 - Post -Construction Services In each phase, the project will be administered in accordance with City of Burlingame Procedures & Policies, the Contract Documents, and Caltrans Standard Plans and Standard Specifications. Our proposed Construction Manager and Project Inspection team have worked on numerous utility projects and have a wealth of local experience with sewer and water main projects. The following is a detailed outline with regards to THG's approach and procedures for maintaining project progress, schedule, documentation mandates and cost control. PHASE Z — CONSTRUCTION SERVICES During the construction phase it is our goal to work as a team with the Contractor; to try to prevent him from running into problems and delays; and to make sure that each new construction process starts out in conformance with the project documents. This will ensure that rework is kept to a minimum and that the project stays on schedule and minimizes the issuance of "non-conformance" reports. The key attitude that allows us to work so effectively with the Contractor is that of being in "partnership" with him and his subcontractors, with a commitment to get the project completed on time and within budget, as opposed to an attitude of seeking out errors and mistakes. Communication/Coordination and Correspondence: Our project inspector will serve as the day-to-day focal point in the field for coordination among the Contractor, Plant Representatives, City Forces, Utility companies, BART, and other stakeholders. We will document all communications with the contractor in his daily diaries and ensure that all pertinent information (issues, concerns, changes) are brought to the City's attention immediately. Preconstruction Meeting: Once the construction contract is bid and awarded, all appropriate parties will be invited to a preconstruction meeting, including the contractor and his assortment of subs, the City, utility companies appropriate regulatory representatives and any other stakeholders as deemed necessary by the City. In order to establish a successful project for all parties, this meeting will establish managerial and administrative procedures, working relationships, and outline the level of expectations. We will customize this agenda for the project and, upon the City's approval, distribute prior to the meeting. We will chair the meeting and provide minutes documenting all items discussed. Typical items of discussion include: • Job -site safety • Points of contact and appropriate means of communication • Quality control and assurance responsibilities • Project schedule • Submittal, RFI, and change order processes • Breakdown of Schedule of Values for LS Items • Potential Claim Process FEDERAL RESURFACING PROJECT City Project No. 84810 • Time of work and limitations • Critical items of work • Long lead items (Prefabricated bridge & In Pavement Lighting) • Special inspection requirements (Prefabricated Bridge) • Erosion and sedimentation control (SWPPP and BMP implementation) • Laydown, storage, security, and site access Weekly Meetings: In order to facilitate effective communication among all parties associated with the contract, weekly meetings (day and time of the week established in the pre -construction meeting) will be held to discuss project progress and pending issues. Nick will coordinate and conduct weekly construction meetings with the contractor, the City's representative, and interested parties. In order to facilitate an orderly and efficient meeting, Nick will send an agenda to all appropriate attendees prior to the meetings. Some of the general items discussed will be safety, schedule, and status of RFIs, change orders, submittals, and new and old issues. Special meetings will be conducted, as necessary to resolve specific issues. The Assistant RE will prepare minutes of the meeting and distribute to respective attendees. Our team will make a point of setting up meetings on an "as -needed" basis with the "Owners" team members to discuss project issues. This approach of having a separate meeting with the Owner team prior to meeting with the contractor eliminates the potential of open disagreement amongst the team in front of the contractor. Local Business/Homeowner/Public Outreach and Information Lines: To maintain an effective relationship with the General Public, Homeowners, and Local Businesses, it is important to respond to inquiries/issues in a timely manner. The THG Team which is anchored by Nick Panayotou, PE, has extensive experience working on sensitive projects in the City of Burlingame and will use that experience to aid the City in reviewing and responding to all citizen and business issues during construction. Monitor Construction Schedule: We will review the contractor's weekly and monthly schedules and advise the City of any schedule delay with recommendations for schedule recovery. We will work with the contractor to eliminate and mitigate the impacts of any delays and as the work progresses, changes and weather will be evaluated for impact to the contractor's schedule. Requests for Information (RFI) / Requests for Changes (RFC): Typical RFI and RFC process starts with a request forwarded from the contractor, which we can review and determine if we can provide an answer. If so, we will prepare a response and submit to the City for review. If unable to provide a response we will inform the City to take the next step and transmit design related RFI's to the designer. Upon receipt of an answer from the design team, we will verify that the question asked has been adequately answered, and if not, obtain additional information in order to provide a full and complete answer to the contractor. Progress Payments: In order to process the payments for the contract items, We will continuously inspect the progress of the contract item work and perform quantity calculations for monthly partial payments. The quantity of each item will be field measured, if necessary, to prevent overpayment or underpayment. In order to aid in determining project item values, will request that the Contractor submit a schedule of values (if not already submitted) for the Lump -Sum items. Each month, We will provide accurate calculations for all items of work completed and accepted to allow for progress payment. Additionally, we will review the Contractor's progress pay estimate request and schedule of values for reasonableness and ease of monitoring, and will compare this information to the quantity records that we generated. Upon completion of progress payment verification, THG will provide the monthly payment recommendation to the City. THG will also prepare grantor reimbursement requests with backup documentation for the City. FEDERAL RESURFACING PROJECT City Project No. 84810 a Changes Order Management: The goal of the THG team, through Nick, is to avoid all unnecessary Contract Change Orders. Change Order can be generated from a number of sources and reasons, including changes directed by the designer or the owner and field -originated changes arising from unforeseen site conditions. If Change Order is unavoidable, the THG team will provide estimating and effective cost management by properly monitoring and tracking contract change orders. Nick will evaluate all proposed change orders to determine need, merit, and project impact. The team will provide cost estimates and schedule impacts, and a rationale for approval or denial and with the concurrence from the City, Nick will negotiate change orders with contractor and prepare change order documentation for approval and signature by the City. Our team has a vast knowledge of initiating, reviewing, estimating, and writing complicated contract change orders, including Cost Reduction Incentive Proposals. They have expert knowledge in determining the appropriate types of payment and methods of performing cost analysis to apply to each specific contract change order. Duties will also include: • Prepare change orders related to construction issues based on drawings, specifications, and other design information from design engineer and City Project Manager. • Prepare recommendations to accompany change order documents and forward to City Project Manager for review and approval. • Perform change order administration, including obtaining City approval of change order requests, issuing proposed change orders to Contractor, maintaining logs of proposed change orders, receiving change order quotations from Contractor, negotiating change order costs and time extension, processing final negotiated change orders, and incorporating approved change orders into progress payment breakdown. • Perform quantity and cost analysis as required for negotiation of change orders. • Analyze additional compensation claims that are submitted during the construction period and prepare responses. Claims Avoidance and Mitigation: THG believes our investment in being proactive, performing proper documentation, and interacting with the contractor in a positive partnering manner can mitigate a substantial amount of claims that may arise during the course of construction. In the a construction claim is filed, our proposed Project Inspector has the claims experience necessary to interact with the contractor to negotiate and resolve this claim in an expeditious manner. Jobsite Safety: Personnel proposed on this project have the appropriate Hazardous Material Training and Annual Safety Training per Caltrans and Cal -OSHA. The training received by all team members includes the "safety first" mentality and the knowledge that the paramount item on every project is maintaining a safe construction project for all parties. Quality Assurance Inspection: The role of quality control inspection is much more than approving or rejecting work as it is completed. Our approach to quality assurance inspection, where we develop a trust with the contractor, whereby the contractor diligently works with the THG Team, and completes every task correctly and expeditiously the first time helps ensure a successful project. Cooperative solutions that are developed during the course of the project improve quality and minimize rework. When we identify problems in the field, the contractor is notified immediately and solutions are developed in collaboration with the design team and the City, if necessary, before work progresses. Specific elements of Quality Assurance Inspections include: Assist the City with the pre -construction meetings Coordinating with Local Utilities to ensure that the project schedule is not interrupted. FEDERAL RESURFACING PROJECT City Project No. 84810 • Providing continuous inspection to ensure that the contractors' work is in compliance with the contract documents and the designer's intent • Identifying actual and potential problems associated with the construction and providing solutions. • Providing constant communication and timely notification to the City, as required for relevant inspection elements. • Maintaining daily documentation including photographic and video documentation of project (special, sensitive, potential claim and milestone work). • Reviewing approved contractor prepared Storm Water Pollution Prevention Plans (SWPPP) and ensuring that the work is compliant with the approved plan. • Participating in Submittal Reviews and design inspections. • Certifying quantity calculations for progress pay estimates and changes. • Resolving issues by proposing field changes to facilitate construction & avoid delays. • Coordinating all design changes & change orders with the designer and City. • Identify Contractor Staging Areas and Parking and providing enforcement. • Providing material management to ensure that the materials are in compliance with the Plans and Specifications. • Reviewing of contractor submittals such as material submittals, mix designs, temporary work design, shop -drawings, schedule, certificates of compliance, progress payments, and extra work reports. • Ensuring that job site safety inspections are performed and that the safety of the jobsite and the traveling public is always maintained. • Coordinating Testing and Surveying during construction • Participate in On -Site Contractor Meetings. • Labor Compliance Documentation & Interviews. • Review and interpret materials testing results • Assist the City with Contract Change Order estimates • Assist the City with CCO Negotiation • Review Extra Work Bills • Conduct quantity calculations and prepare daily and monthly estimates • Prepare punch -lists Quality Assurance Materials Testing: The THG team will provide the following: • Schedule and perform quality assurance materials testing to verify compliance of the work with the contract documents including Source inspections and Materials acceptance • Review test reports submitted by others to substantiate contract compliance • Review, comment, and administer Quality Control Plans (Welding, Paint for prefab Bridge) • Ensure that Certificates of Compliance or source release tags are furnished by the contractor along with the applicable delivered materials at the Project site. PHASE 3 — POST- CONSTRUCTION SERVICES A project is only truly completed when all the construction is complete, including the punchlist items, the final payment is approved and accepted, and the project paperwork is completed and archived. In this final phase, the THG team will perform the following key activities to ensure that the construction is completed in compliance to the contract documents: FEDERAL RESURFACING PROJECT City Project No. 84810 • Develop "Punch List" items to be completed. • Ensuring that appropriate testing is performed for all items. • If the contractor's work or a designated portion thereof, is incomplete or noncompliant, THG will compile a list of incomplete or unsatisfactory items. THG will conduct final inspections and coordinate the correction and completion of the work. • Perform final job walk through with the contractor, the City, and the design team. • Coordinate the submittal and completion of Record Drawings. • Provide Construction Claims Support Mediation/Litigation (if necessary). • Recommend Acceptance of the project. The specific project closeout documents will include the following: • All approved shop drawings, submittals and manufacturers' literature maintained by THG during the construction project. • A complete set of project progress photographs and videotapes taken before, during, and after construction. • Project "As -Built" plans. • Final Detail Estimate and "As -Built" Cost. • The original set of all inspection reports, summaries, testing documents, meeting minutes, clarifications, schedules, correspondence and other documents related to the construction work as it was being installed. • Prepare all OBAG documents for Submittal to the City. KEY ISSUES Prior to construction, it is The Hanna Group's goal to identify key project issues (technical as well as non- technical) which may arise during construction. In order to mitigate project delays and change orders during the construction phase, it is in the best interest of the project for THG to identify potential complications prior to the contractor receiving the project Notice to Proceed. KEY ISSUES KEYISSUES PROJECT REQUIREMENTS HANNA GROUP TEAM PLAN/ADVANTAGE The public has been engaged and will RE will introduce himself to the local community continue to be engaged as the Federal members and will provide contact for project Public Outreach Resurfacing Project moves forward into inquiry. construction. Nick will assist the City in the setting up, Achieve a positive public perception implementing, and maintaining a public outreach during construction. program for the project. Traffic Control Plans will need to be Review the contractor's traffic control system to submitted to the City for approval. The ensure that the plan identifies general methods by plans will need to be reviewed per the which construction could take place without Traffic Control MUTCD. substantial delay and impact to traffic and local residents. Maintain access for the local residents, Specifically review plans for appropriate sequencing, and business communities within the maintenance of traffic flow, maintenance of FEDERAL RESURFACING PROJECT City Project No. 84810 PROJECT REQUIREMENTS HANNA GROUPKEYISSUES project limits. emergency access around the construction area, protection or separation of work zones, and accommodation for pedestrian access. CMS Signs to be Located in order to best inform the public of the traffic control Our team's recent experience with road closures on ahead. the Burlingame Avenue Streetscape Project will be invaluable to the City. The following utility companies may need to be coordinated with for utility adjustments and re -grading: Ensure that the contractor and CM team coordinate timely adjustments with appropriate utility agencies Utility • PG&E in order to maintain schedule. Protection/Utility • AT&T RE has recent experience working on utility lowering Coordination • Comcast in ADA ramps and would like to discuss the risks • Burlingame Water Department with the City. Potential impacts due to noise and light Our team will ensure strict adherence to the 86db sensitivity must be mitigated. (It's not noise restriction given it's outlined in the contract. Impact to Local apparent if Night work is prohibited on If night work is necessary, our team will review the Residents During this project) work operations with particular attention to the Construction Access needs to be maintained to all light sensitivity for the local residents/businesses. driveways for local residential traffic Ensure portable CMS signs shall be supplied by the including apartments. Contractor. Approval of the "Water Pollution THG staff members have successfully worked with Control Program (WPCP)" prior to the RWQCB personnel on other projects and will SWPPP performing work having potential to work closely with the contractor to assure strict cause water pollution. adherence to the approved WPCP plan is maintained. The project has several different All of our key personnel have worked directly for funding sources including Federal funds. Caltrans and are thoroughly familiar with Caltrans In order for the City to get reimbursed and Local Agency document control procedures and Familiarity with for federal funds it is imperative that policies. Local Agency the project is managed in accordance Our Proposed Project Manager and Resident Procedures with Local Agency procedures. Engineer have worked intimately with various local agencies with Caltrans oversight and federal funding. We are intimately familiar with the Caltrans LAPM and invoicing process. 100% of material testing is to be THG employs the RMA Group for all material testing. conducted by the Construction The RMA Group is a highly trained organization Management team. specializing in concrete, geotechnical, and welding Materials Testing testing. Their awareness of all regulatory (including Caltrans) requirements, along with their state of the art Materials Testing Laboratory, brands them as a highly dependable materials testing agency. FEDERAL RESURFACING PROJECT City Project No. 84810 Project Hours & Costs City of Burlingame Federal Resurfacing PROJECT Proposed Project Tasks Plan for Construction Management Services (75 Working Days) Updated June 23, 2020 Construction Services Post Construction Services Project Totals Project Costs °i � °i Task °' c °i a m Total a Total a Total c w _L t° c c 5 a> a> c 0- E H rs t° c c 5 a> a> c H rs `° c m a) c E H rs � 0.) w� a� M E� t° c o U m . c 2: W .a . c o U � a> ea m o 6» U a> a) N w `� U N w U w ( 66 'O C6 f6 `� C6 a) .2 Q M a) .O Q a) .O Q � M � a) M a_ J 0_ J �' Q J $190 $155 135 Task 2: Construction Management Task 2.0 Project Document Setup 20 0 20 20 0 0 20 $3,800 $0 $0 Task 2.1 Construction Observation, Inspection & Coordination 15 404 419 15 404 0 419 $2,850 $62,620 $0 Task 2.1a Construction Observation, Inspection & Coordination (Nights) 5 40 45 5 40 0 45 $950 $6,200 $0 Task 2.2 Design Clarifications/ Submittal Reviews 20 40 60 20 40 0 60 $3,800 $6,200 $0 Task 2.3 Recommend Contract Change Orders 20 10 30 20 10 0 30 $3,800 $1,550 $0 Task 2.4 Prepare & Recommend Progress Payments 24 30 54 24 30 0 54 $4,560 $4,650 $0 Task 2.5 Federal Funding Paperwork/Items 40 8 48 40 8 0 48 $7,600 $1,240 $0 Task 2.6 Labor Compliance 20 8 60 88 20 8 60 88 $3,800 $1,240 $8,100 Task 2.7 Pubic Relations 34 20 54 34 20 0 54 $6,460 $3,100 $0 Task 2.8 Meetings (Weekly & Public & City) (20 Total) 40 40 80 40 40 0 80 $7,600 $6,200 $0 Total for Task 238 600 60 898 238 600 60 898 $45,220 $93,000 $8,100 Task 3: Project Completion & Post Construction Task 3.1 Project Acceptance & Punch List 8 20 28 8 20 28 $1,520 $3,100 0 Task 3.2 Construction Disputes & Claims 8 0 8 8 0 8 $1,520 $0 0 Task 3.3 Final Report & Closeout & As-Builts 10 0 10 10 0 10 $1,900 $0 0 Task 3.4 Final Federal Reports 24 0 24 24 0 24 $4,560 $0 0 Total for Task 50 20 70 50 20 70 $9,500 $3,100 0 Grand Total for Construction Management Services 238 600 60 898 50 20 70 288 620 60 968 $54,720 $96,100 $8,100 Costs include Construction Vehicle, Cell Phone, and all Standard Equipment needed to perform the work. RE is indicated to be Part Time for the majority of the Construction Services Phase. Assistant resident Engineer is expected to be Full Time. Construction Management Labor Cost $158,920 Materials Testing Cost (H&K) $25,930 Total CM with Materials Testing Cost 184,850 BID SUMMARY Broadway, California, Cadillac and Trousdale Federal Resurfacing Project Ci[y Project No. 84810 Federal Aid ProjeR No. RSTP 5171(024) Bid Opening: June 16, 2020 BASE BID SCHEDULE: FEDERAL RESURFACING PROJECT Engineefs Estimate Redgwick Construction Co. G. Borolotto 8 Co., Inc. Interstate I.ding 8 Pavin9, Inc. O'Grady Paving, Inc. on Company, Gi, l-i ConstructiITF. Inc. DESCRI-ION OF ITEM ESTIMATED QUANTITY BASE BID SCHEDULE: 1 Asphalt Concrete (AC) Digout Repair 352 TON $ 275.00 $ 96.800.00 $ 325.00 $ 114,400.00 $ 285.00 $ 100,320.00 $ 275.00 $ 96.800.00 $ 300.00 $ 105,600.00 $ 350.00 $ 123,200.00 2 Concrete Removal 27 CY $ 220.00 $ 51940.00 $ 400.00 $ 10,800.00 $ 300.00 $ 81100.00 $ 680.00 $ 18,360.00 $ 200.00 $ 5,400.00 $ 500.00 $ 13,500.00 3 Aggregate Base 25 TON $ 192.50 $ 4.812.50 $ 185.00 $ 4,625.00 $ 125.00 $ 3,125.00 $ 70.00 $ 1.750.00 $ 100.00 $ 2,500.00 $ 35.00 $ 875.00 4 Asphalt Concrete Leveling and Overlay 3,900 TON $ 165.00 $ 643,500.00 $ 135.00 $ 526,500.00 $ 137.00 $ 534,300.00 $ 125.00 $ 487,500.00 $ 170.00 $ 663,000.00 $ 155.00 $ 604,500.00 5 Cold Plane Asphalt Surface 1,745 CY $ 108.s0 $ 190,030.50 $ 135.00 $ 235,575.00 $ 117.00 $ 204,165.00 $ 165.00 $ 281,925.00 $ 150.00 $ 261,750.00 $ 165.00 $ 287,925.00 6A Adjust Sewer Manholes to Grade 7 EA $ 632.50 $ 4,427.50 $ 1,000.00 $ 7,000.00 $ 700.00 $ 4,900.00 $ 1,700.00 $ 11,900.00 $ 11500.00 $ 10,500.00 $ 1,600.00 $ 11,200.00 6B Adjust Storm Manholes to Grade 3 EA $ 632.50 $ 1.897.50 $ 1.000.00 $ 3,000.00 $ 700.00 $ 2,100.00 $ 1,700.00 $ 5.100.00 $ 1.woo0 $ 4,500.00 $ 1,600.00 $ 4,800.00 7A Adjust and Replace Water Valves 84 EA $ 379.50 $ 31,878.00 $ 500.00 $ 42,000.00 $ 500.00 $ 42,000.00 $ 1,400.00 $ 117,600.00 $ 700.00 $ 58,800.00 $ 11000.00 $ 84,000.00 7B Adjust Monuments 5 EA $ 379.50 $ 1.897.50 $ 500.00 $ 2,500.00 $ 500.00 $ 2,500.00 $ 1,400.00 $ 1,000.00 $ 700.00 $ 3,500.00 $ 1,000.00 $ 5,000.00 8 Pavement Markers Type "A" & "AY" 1,347 EA $ 6.60 $ 8,890.20 $ 3.30 $ 4,445.10 $ 5.00 $ 6,735.00 $ 3.30 $ 4,445.10 $ 4.00 $ 5,388.00 $ 4.00 $ 5,388.00 9 j Pavement Markers Type "D" & "Blue" & "G" 875 EA $ 9.s0 $ 8.662.50 $ 5.00 $ 4,375.00 $ 7.00 $ 6,125.00 $ 5.00 $ 4.375.00 $ 5.00 $ 4,375.00 $ 5.00 $ 4,375.00 10 Thermoplastic 4" Solid and Dashed 11,582 LF $ 2.20 $ 25,480.40 $ 1.00 $ 11,582.00 $ 1.50 $ 17,373.00 $ 1.00 $ 11,582.00 $ 1.00 $ 11,582.00 $ 1.00 $ 11,582.00 10A Thermoplastic 8" Solid and Dashed 929 LF $ 3.3o $ 3.065.70 $ 1.70 $ 1,579.30 $ 3.00 $ 2,]8].00 $ 1.70 $ 1.579.30 $ 2.00 $ 1,858.00 $ 2.00 $ 1,858.00 11 Thermoplastic 12" 1,367 LF $ 4.40 $ 6,014.80 $ 5.20 $ 7,108.40 $ 4.50 $ 6,151.50 $ 5.20 $ 7,108.40 $ 5.00 $ 6,835.00 $ 4.00 $ 5,468.00 12 Thermoplastic 24" 2,995 LF $ am $ 26,356.00 $ 8.50 $ 25,457.50 $ 8.50 $ 25,457.50 $ am $ 25,457.50 $ 8.00 $ 23,960.00 $ 8.00 $ 23,960.00 13 Thermoplastic Legends & Am- 1,632 SF $ 6.60 $ 10,771.20 $ 7.50 $ 12,240.00 $ 4.50 $ 71344.00 $ 7.50 $ 12,240.00 $ 8.00 $ 13,056.00 $ 4.00 $ 6,528.00 14 Parking Tees 180 EA $ 5.So $ w000 $ 22.00 $ 3,960.00 $ 20.00 $ 3,600.00 $ 22.00 $ 3,960.00 $ 25.00 $ 4,500.00 $ 15.00 $ 2,700,00 15 Traffic Loops 123 EA $ 605.00 $ 74,415.00 $ 425.00 $ 52,275.00 $ 420.00 $ 51,660.00 $ 400.00 $ 41,200,00 $ 425,10 $ 12,271,01 $ 115.00 $ 47,355.00 16 Remove & Replace Curb and Gutter 375 LF $ 137.50 $ 51,562.50 $ 130.00 $ 48,750.00 $ 210.00 $ ]8,]50.00 $ 112.00 $ 42,000.00 $ 112.00 $ 42,000.00 $ 175.00 $ 65,625.00 17 Concrete Curb Ramp (with Detectable Warning Surface) 23 EA $ 6,600.00 $ 151,800.00 $ 7,000.00 $ 161,000.00 $ 11,500.00 $ 264,500.00 $ 7,500.00 $ 172,500.00 $ 6,500.00 $ 149,500.00 $ 8,000.00 $ 184,000.00 18 Add Detectable Warning Surface to Exisitng ADA Ramp 1,017 SF $ 49.50 $ W.341.50 $ 50.00 $ 50,850.00 $ 34.00 $ 34,578.00 $ 45.00 $ 45,765.00 $ 45.00 $ 45,765.00 $ 25.00 $ 25,425.00 19A Remove & Replace (R&R) Concrete for Detectable Warring Surface 3,050 SF $ 27.50 $ 83,875.00 $ 22.00 $ 67,100.00 $ 25.00 $ 76,250.00 $ 21.00 $ 64,050.00 $ 21.00 $ 64,050.00 $ 35.00 $ 106,750.00 19B Remove & Replace (R&R) Concrete (Sidewalk) 100 SF $ 27.50 $ 2.750.00 $ 50.00 $ 5,000.00 $ 32.00 $ 3,200.00 $ 21.00 $ 2.100.00 $ 21.00 $ 2,100.00 $ 35.00 $ 3,500.00 20 Remove In -Pavement Lights 38 EA $ 82.50 $ 31135.00 $ 550.00 $ 20,900.00 $ 420.00 $ 15,960.00 $ 425.00 $ 16,150.00 $ 550.00 $ 20,900.00 $ 505.00 $ 19,190.00 21 Red Curb 27 LF $ 11.00 $ 297.00 $ 6.00 $ 162.00 $ 5.00 $ 135.00 $ 5.25 $ 141.75 $ 6.00 $ 162.00 $ 2.50 $ 67.50 22 Install Sign (Post/Existing Pole) 9 EA $ 220.00 $ 1,980.00 $ 330.00 $ 2,970.00 $ 300.00 $ 2,700.00 $ 330.00 $ 2,9]0.00 $ 350.00 $ 3,150.00 $ 250.00 $ 2,250.00 23 Adjust (Raise/Lower) Tragic Signal/Electrical Box due to Curb Ramp Work 9 EA $ 440.00 $ 3,960.00 $ 650.00 $ 5,850.00 $ 1,500.00 $ 13,500.00 $ 450.00 $ 4.050.00 $ 700.00 $ 6,300.00 $ 600.00 $ 5,400.00 24 Remove Abandoned Electrical Box 1 EA $ 440.00 $ 440.00 $ 550.00 $ 550.00 $ 2,250.00 $ 2,250.00 $ 3W.00 $ 300.00 $ 600.00 $ 600.00 $ 500.00 $ 500.00 25 Remove Existing Striping 242 LF $ 1.65 $ 399.30 $ 5.00 $ 1,210.00 $ 5.00 $ 1,210.00 $ 4.40 $ 1.064.80 $ 5.00 $ 1,210.00 $ 2.50 $ 605.00 26 Mobiliz bon and Demobilization (@5%) 1 LS $ 74,818.00 $ ]4,818.00 $ ]8,900.00 $ 78,900.00 E 40,000..0 $ 40,000.00 $ 82,000.00 $ 82,000.00 $ 80,000.00 $ 80,000.00 $ ]8,000.00 E 78,000.00 27 Traffic Control and Construction Area Signs (@3%) 1 LS $ 59,855.00 $ 59,855.020 $ 46,90N0 $ 46,900.00 $ 46,000.00 $ 66,000.00 $ 69,000.00 $ 49,000.00 $ 50,000.00 $ 50,000.00 $ 48,000.00 $ 48,000.00 28 lWater Pollution Control(@2%) 1 LS $ 29,92700 $ 29,927.00 $ 30,350.00 $ 30,350.00 $ 18,000.00 $ 18,000.00 1 $ 7,000.00 $ 7,000.00 $ 10,000.00 $ is 12,000.00 TOTAL BID CONSTRUCTION COST E 1,660,969.60 $ 1,589,914.30 $ 1,125,]]6.00 E 1,642,9]3.85 $ 1,]15,116.00 $ 1,]95,52fi.50 TOTAL PROJECT CONSTRUCTION COST E 1,880,989.80 f 1,589,910.30 E 1,825,178.00 E 1,842,9]3.85 f 1,]15,118.00 E 1,785,528.50 PROJECT LOCATION MAP Broadway, California, Cadillac and Trousdale Federal Resurfacing Project City Project No. 84810 o`�� � moo. �-A SAN FRANCISCO BAY .... ... ..... �h .. o -� °oo .. �o 0 oY, ,F TOWN OF HILLSBOROUGH BiJRL— iN�a[�nE AGENDA NO: 8j STAFF REPORT MEETING DATE: July 6, 2020 To: Honorable Mayor and City Council Date: July 6, 2020 From: Margaret Glomstad, Parks and Recreation Director — (650) 558-7307 Subject: Adoption of a Resolution Approving the First Amendment to the Renewed and Revised Agreement between the City of Burlingame and the Burlingame Aquatics Club, Inc. for the Management and Operation of, and for the Provisions of Aquatic Programs at, the Burlingame Aquatic Center RECOMMENDATION Staff recommends that the City Council adopt a resolution approving the First Amendment to the Renewed and Revised Agreement between the City of Burlingame and the Burlingame Aquatics Club, Inc. (BAC) for the management and operation of, and for the provisions of aquatic programs at, the Burlingame Aquatic Center. BACKGROUND The City has had a long history with the BAC. In 2011, the BAC, in addition to offering competitive programs, began providing community youth and adult aquatic program offerings on behalf of the City at the Burlingame High School pool. On August 18, 2014, the agreement was updated to clarify areas of ambiguity and to incorporate current operating practices that had evolved over the term of the agreement. Throughout this time, the City has been supporting the community programming efforts with an annual subsidy, which is approved by the City Council each year as part of the City's yearly budget adoption. The budgeted subsidy has varied over the years but has been between $90,000 and $155,000 per year. In June 2018, the San Mateo Union High School District began major renovations to the aquatics facility at Burlingame High School. The construction was completed at the end of 2019. During construction, BAC continued operations by using other pools in the area, but their programming suffered significantly due to the displacement and length of construction. When the BAC was able to begin operations in the renovated pool in January 2020, the only remaining program they were operating was youth competitive swimming under the leadership of a head coach. Since January, the BAC Board of Directors has hired a new Executive Director, Robert Gill, and the club had been in the process of developing a new program when the COVID-19 restrictions began. On May 15, the County Health Officer issued a new Health Order allowing indoor and outdoor pools to reopen provided appropriate social distancing measures are in place, monitored, and managed. 1 First Amendment to the City/BAC Agreement July 6, 2020 DISCUSSION Under the terms of the current agreement, the BAC is required to pay the San Mateo Union High School District for the City's share of the operating costs. Without robust programming and revenue generation, the BAC will not be able to pay for these costs. To ensure that the BAC can remain financially viable while developing and implementing a new complement of programs, City staff has worked with the BAC Board to determine the best course of action. After many discussions, City staff and the BAC Board decided that the best option was to allow the BAC to focus on building back their program, with the City supporting that endeavor by financially supporting the City's share of the pool operating costs. The proposal amends the agreement so that the City pays the pool operating costs for up to a year or until the funds are depleted. The period would start from the date BAC is back in the water offering programs (which is estimated to occur around June 15). Prior to the end of the contract period, the City and BAC would renegotiate the agreement. The Amendment to the agreement will allow: 1. BAC time to develop a new community aquatic program that is financially supported. 2. BAC time to rebuild the competitive programming. 3. The City and BAC time to accurately budget for the annual operating costs for the newly renovated pool. 4. Time for the easing of the County Health Department restrictions so BAC can build a sustainable program. The Amendment commits the City to pay up to $200,000 for pool operating costs for a year. At the end of this period, the agreement between the City and BAC would be renegotiated. While the City is subsidizing the BAC as a whole, the BAC will be fairly and equitably (based on pool usage) applying all pool expenses paid by the City on behalf of the BAC across all their programs as they return to operation. At the end of the year, a clear breakdown of expenses and income for each program (community and competitive) will be provided by the BAC to the City to ensure the funds were appropriately allocated. City and BAC staff plan to report back to the City Council in January 2021 to provide an update and, if needed due to unforeseen circumstances, amend the agreement again. FISCAL IMPACT City staff has estimated that the City's share of the pool operating costs will be approximately $200,000 for fiscal year 2020-21. The estimate is based on previous pool operational costs at the new cost -share allocation of 50/50 contained in the City's agreement with the San Mateo Union High School District. If the City's pool use increases due to increased programming by BAC, the cost -share allocation for the City may increase. However, due to COVID-19, staff anticipate that any cost -share changes more than likely will not exceed the $200,000 set aside for pool operating 2 First Amendment to the City/BAC Agreement July 6, 2020 costs. Sufficient funds are included in the Parks and Recreation Department's proposed budget for FY 2020-21 for this purpose. Exhibits: • Resolution • First Amendment VA RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE 1ST AMENDMENT TO THE RENEWED AND REVISED AGREEMENT BETWEEN THE CITY OF BURLINGAME AND THE BURLINGAME AQUATIC CLUB, INC. FOR THE MANAGEMENT AND OPERATION OF, AND FOR THE PROVISION OF AQUATIC PROGRAMS AT, THE BURLINGAME AQUATIC CENTER WHEREAS, on August 18, 2014, the City of Burlingame, (the "City") and the Burlingame Aquatic Club ("BAC") herein "the Parties", entered into the Renewed and Revised Agreement for the management and operations of, and for the provision of aquatic programs at the Burlingame Aquatic Center; and WHEREAS, BAC and the City have worked together for many years to provide community youth and adult aquatic program offerings on a year-round basis; and BAC has cooperated with the City in the operation of the aquatic facility and in the provision of aquatic activities; and WHEREAS, the Parties intend that BAC shall work towards operating the Community Aquatics Activities on a break-even net income basis; and WHEREAS, the Parties are currently negotiating a new agreement in uncertain times due to the COVID-19 and after a period of two (2) years of swimming pool closure; and WHEREAS, BAC needs additional time to develop and operate a new community aquatic program during COVID-19; and WHEREAS, both Parties need additional time to understand the annual operating costs for the newly renovated pool and to determine the actual pool usage between the community and competitive programming in order to have a fair and equitable cost share of the pool operating costs. WHEREAS, the City will commit up to $200,000 for pool operating costs for a year, or until the funds are depleted from the date the BAC is back in the water and at the end of this time period the agreement would be renegotiated. WHEREAS, pool operating costs would include 100% of the City's share of maintenance, chemical, utilities, etc. and BAC would commit to starting programs as soon as feasible under the COVID restrictions, including community aquatics, at their expense. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME RESOLVES AND ORDERS AS FOLLOWS: 1. The City Council finds that all of the facts recited above and stated in the staff report are true and correct. 2. The City Council approves and authorizes the expenditure of up to $200,000 in City funds to pay for the pool operating expenses of the Burlingame Aquatic Center for a year from the date aquatic activities resume in the pool. 3. The City Council authorizes the City Manager to execute the 1st Amendment to the Renewed and Revised Agreement for the maintenance and operation of, and for the provision of aquatic programs at, the Burlingame Aquatic Center, in the form attached to this Resolution or with such minor modifications deemed necessary by the City Manager that are consistent with Council's direction on this matter. 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 Burlingame City Council held on the 6th day of July, 2020, and was adopted thereafter by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: Meaghan Hassel -Shearer, City Clerk 1ST AMENDMENT TO THE RENEWED AND REVISED AGREEMENT BETWEEN THE CITY OF BURLINGAME AND THE BURLINGAME AQUATIC CLUB, INC. FOR THE MANAGEMENT AND OPERATION OF, AND FOR THE PROVISION OF AQUATIC PROGRAMS AT, THE BURLINGAME AQUATIC CENTER WHEREAS, on August 18, 2014, the City of Burlingame, (the "City") and the Burlingame Aquatic Club ("BAC") herein "the Parties", entered into the Renewed and Revised Agreement for the management and operations of, and for the provision of aquatic programs at the Burlingame Aquatic Center; and WHEREAS, BAC and the City have worked together for many years to provide community youth and adult aquatic program offerings on a year-round basis; and BAC has cooperated with the City in the operation of the aquatic facility and in the provision of aquatic activities; and WHEREAS, the Parties are currently negotiating a new agreement in uncertain times due to the COVID-19 and after a period of two (2) years of swimming pool closure; and WHEREAS, BAC needs additional time to develop and operate a new community aquatic program during COVID-19; and WHEREAS, both Parties need additional time to understand the annual operating costs for the newly renovated pool and to determine the actual pool usage between the community and competitive programming in order to have a fair and equitable cost share of the pool operating costs. NOW, THEREFORE, THE PARTIES AGREE TO THE 1st AMENDMENT TO THE AGREEMENT AS FOLLOWS: The City commits up to $200,000 for pool operating costs for a year to be paid to the San Mateo Union High School District, or until the funds are depleted from the date the BAC is back in the water, whichever happens first. This provision amends Section 7.3 of the Agreement, to the extent that these City funds shall be provided without a full budget having been submitted on the dates otherwise required by the Agreement. Absent a further amendment to the Agreement, the funds provided under this Section shall be in lieu of any other subsidy from the City to the BAC during the time described here. The intent of the parties is that the funds provided pursuant to this Section shall not operate as a subsidy to BAC's competitive program. BAC will fairly and equitably apportion the pool operating costs paid by City across all of BAC's programs (competitive and community) and general operating expenses, such that any excess revenues to BAC allowed or created by the City's payment of operating expenses shall be used to rebuild BAC's community program. BAC shall provide a complete profit and loss statement on a quarterly basis to City for review. 2. At the end of this time period as defined in Section 1 of this Amendment the agreement between the parties will be renegotiated. 3. The City's contribution to pool operating costs as provided in Section 1 of this Amendment shall be limited to those costs as billed by the San Mateo Union High School District and shall not include a payment directly to BAC for such items as overhead or other ordinary costs. City/BAC 15i Amendment to the 2014 Agreement Page 1 of 2 4. BAC commits to starting programs as soon as feasible under the COVID-19 restrictions, including community aquatics, at their expense. 5. All other terms of the original agreement remain in full force and effect. IN WITNESS WHEREOF, the Parties have caused this l' amendment to the Agreement to be duly executed by their respective officers as of THE BURLINGAME AQUATIC CLUB, INC. CITY OF BURLINGAME Lo Name: Title: Attest: Name: Title: City Clerk Approved as to form: City Attorney CityBAC 15i Amendment to the 2014 Agreement Page 2 of 2 BiFRL- 1NAGENDA NO 8k STAFF REPORT MEETING DATE: July 6, 2020 To: Honorable Mayor and City Council Date: July 6, 2020 From: Joseph Sanfilippo, Economic Development & Housing Specialist- (650) 558-7264 Subject: Approval of the Restarting Business Assistance Program and the Distribution of Funds RECOMMENDATION Staff recommends that the City Council approve the Restarting Business Assistance Program (RBAP) and the distribution of funds. BACKGROUND At the June 1 City Council meeting, the City Council discussed potential options for use of $170,000 returned from the Burlingame Back in Business Program. These funds were returned due to differences in program objectives between the San Mateo County Strong Fund (administered by SAMCEDA) and the Burlingame Back in Business Program. The Economic Development Subcommittee was tasked at the June 1 meeting with exploring potential uses for the unused balance. At the June 10 Economic Development (ED) Subcommittee meeting, the Subcommittee discussed how to utilize the $170,000 balance returned from the Burlingame Back in Business Program to aid the business community. As initially proposed at the June 1 City Council meeting, the direction was to consider a grant program structured similarly to the Broadway Fagade Improvement Pilot Program. After consideration of options and deliberations, the Subcommittee recommended an allocation of $60,000 for a reimbursement program to help businesses recoup the costs of purchasing personal protective equipment (PPE) and other sanitation improvements required during the COVID-19 pandemic. Of the $110,000 balance, the Subcommittee recommended using $40,000 for communal sanitation improvements (e.g. hand sanitization stations in commercial districts, cleaning crews, etc.) and returning the remaining $70,000 to the General Fund. DISCUSSION Staff drafted the Restarting Business Assistance Program (RBAP) using the guidelines outlined by the Subcommittee. The program was modeled after the reimbursement -based structure of the 1 Approval of the Restarting Business Assistance Program (RBAP) July 6, 2020 Broadway Fagade Improvement Pilot Program, but streamlined to allow for a simpler distribution of funds and expanded to encompass each of the City's shopping and commercial districts. Eligible purchases under the program include PPE (gloves, face coverings, etc.) and other sanitation improvements (contactless payment systems, partitions, sneeze guards, disposable menus, etc.). Eligible expenses must have been purchased on or after May 15. Staff specified this date as it coincided with one of the first reopening phases outlined by the County Health Officer. Interested applicants who have purchased improvements prior to May 15 may still apply, but they must submit their receipts and a written explanation of why the improvements were implemented (e.g. "in preparation to open when allowed"). Funding for these requests is not guaranteed. The program offers grants of up to 80% of the improvement costs, or $3,000, whichever is less. Grants will be made on a first -come, first -serve basis. Only businesses with a street -facing, commercial frontage are eligible to receive funds. The intent is to provide confidence to customers to return to the City's shopping districts. Furthermore, in order to serve more businesses, the Subcommittee determined that businesses that have already received a grant from the Burlingame Back in Business Program/San Mateo County Strong Fund should not be eligible to apply for these funds. Based on the proposed funding allocated to this program, approximately 20 businesses would receive reimbursement (should the maximum amount of $3,000 be used for each applicant). FISCAL IMPACT The $170,000 had previously been allocated from the General Fund for the Burlingame Back in Business Program. Should the City Council choose to approve the funding amounts allocated by the ED Subcommittee, $60,000 would be designated to implement the RBAP, $40,000 would be designated to implement communal sanitation improvements, and $70,000 would be returned to the General Fund. Exhibits: • Restarting Business Assistance Program Application Packet • June 10, 2020- Economic Development Subcommittee Meeting Minutes • July 1, 2020- Economic Development Subcommittee Meeting Minutes • June 1, 2020- City Council Meeting Minutes 2 City of Burlingame Restarting Business Assistance Program (RBAP) This guide is provided as a reference for Burlingame property owners and commercial businesses interested in applying for funding through the City of Burlingame Restarting Business Assistance Program. To apply, please email the Economic Development Division at isanfilippo(o)_burlingame.org, or visit the City's website at www.burlingame.org. Check with the City's Economic Development Division before proceeding with the completion of the packet to confirm that you are eligible. If determined eligible, please complete the packet and email to Joseph Sanfilippo at or mail to: City of Burlingame Community Development Department Economic Development Division 501 Primrose Road Burlingame, CA 94010 Your application will be reviewed for completeness and eligibility. Please contact Joseph Sanfilippo at or 650.558.7264 if you have any questions regarding this program or the application process. Program Guidelines Overview The City of Burlingame Restarting Business Assistance Program (RBAP) is a reimbursement program for property owners and commercial tenants with businesses located in commercial - zoned areas. Eligible property owners and commercial tenants can receive City financial assistance to undertake health and safety measures to comply with local, County, State and federal health guidelines for reopening businesses. The program is funded by the City's General Fund. During the program application phase, only currently -occupied commercial buildings will be eligible to receive funding. Applications open on fdatel and close on fdatel. Proaram Goals This program provides financial assistance to assist in the implementation of health and safety measures to comply with local, County, State and federal health regulations. This program provides a way for business owners to implement some of these measures, or receive reimbursement for already completed sanitation improvements. Proaram Area Although the City of Burlingame is dedicated to serving businesses of all types, this program is only available to businesses which engage with the public and have street -facing commercial frontage. The intent is to help restore consumer confidence areas as businesses reopen. Eligibility • Eligible expenses include Personal Protective Equipment (PPE) or other sanitation improvements that are required to reopen businesses to the public. Examples include (but are not limited to): face coverings, gloves, partitions, sneeze guards, disposable menus, contactless payment systems, and hand sanitization stations. • Reimbursement is available for previously purchased PPE or sanitation improvements. The applicant must provide all receipts and invoices and have completed these purchases on/after May 15, 2020. • Should you have purchased PPE or sanitation improvements prior to May 15, 2020, please provide all dated receipts and invoices, as well as an explanation of the purchase (e.g. "in preparation to reopen when allowed", etc.). Funding for these requests is not guaranteed and is subject to available remaining funds. • If your business previously received funds from the Burlingame Back in Business Program, you are not eligible for the RBAP. The intent is to offer funds to businesses that have not received assistance previously. • If there are physical modifications to the building, they may subject the project to City building permit or planning requirements. Any permitting expenses and fees should be included in the budgeting section of the application. • The City of Burlingame strongly encourages that distributed funds be used for purchasing from Burlingame vendors, to the extent possible. NOTE: This program is eligible for both new purchases and previously completed purchases. Fundina Available The City has set aside up to $60,000 for this program; approved projects will receive a maximum of 80% of the improvement costs, or $3,000 (whichever is less) in grant funding. There will be an initial two -month application period; applications will be reviewed, and awards made, on a first -come, first -served basis. Should additional funds be available after the first round of grantees has been selected, additional applications shall be reviewed as they are submitted. Program Process APPLICATION PROCESS 1. Email to obtain an application, or visit the City website www.burlingame.org to download a copy of the application. You may also call the Economic Development Division at 650.558.7264, but note that response times will be delayed due to the City Hall closure. 2. Please prepare your necessary documentation. This includes, but is not limited to: invoices, receipts, completed payment forms, etc. 3. The City will review the application and either approve or deny the grant proposal, or request additional information. CONTRACT PHASE 1. To finalize the contract process, the City and the applicant and shall review the funding amount and intended expenses one last time to ensure everyone is in agreement. Any expenses not approved by the City will not be covered by the grant. The applicant will only be reimbursed up to the agreed amount regardless of changes to the project. 2. The City and the applicant should ensure copies of all contracts match and are available for future review if needed. REIMBURSEMENT PHASE 1. Once the expenses or improvements have been completed and signed off by City staff, the applicant has 45 days to submit the reimbursement documents to the City, including all paid invoices and receipts and W-9 forms. 2. For physical installations such as partitions and sneeze guards, prior to final reimbursement the City will conduct an on -site inspection to confirm all improvements are complete. Contact Information City of Burlingame 501 Primrose Road Burlingame, CA 94010 Economic Development Phone: 650.558.7264 Fax: 650.696.3790 Email: jsanfilippo(c�burlingame.org Plannina Division Phone: 650.558.7250 Fax: 650.696.3790 Building Division Phone: 650.558.7260 Fax: 650.696.7208 Enaineerina Division Phone: 650.558.7230 Fax: 650.685.9310 Application Instructions and Checklist Applicants should fill out the Application, Supporting Information, and Landlord Consent form, as applicable. If the tenant's lease agreement authorizes a tenant to make modifications to the interior or exterior of the building without landlord confirmation needed, tenants may check the "in lieu of" box on the bottom of the Landlord Consent Form instead of including the landlord's signature. In addition, applicants should include paid invoices, receipts, W-9 forms and other payment confirmations if applying for a previously completed purchase. Preference will be given to property owners and business tenants who have not yet received this grant before. Applications are reviewed and awarded on a first -come, first -served basis. If an applicant satisfies all conditions as stated herein this application packet, they will receive the requested funding amount, or an inquiry for additional information. CHECKLIST: Please make sure to complete each segment of the application, and ensure that all information requested is included. Incomplete applications will not be considered, and applicants may receive a list of requested items. If you need clarification on what is needed to complete the application, you can contact the Economic Development & Housing Specialist at Isanfilippo(a�burlingame.org Have you included: ❑ Application ❑ Supporting Information ❑ Landlord Consent Form, as applicable City of Burlingame Restarting Business Assistance Program Application Prior to meeting with City staff, complete this application to the best of your knowledge. Applicant Information Business Name: Business Ac Applicant Ne Applicant M Applicant TE Applicant Er Are you the Note: If you are a tenant, you may need to obtain written consent from your landlord prior to starting any improvement projects. You are responsible for complying with any applicable terms of your lease. Please have your landlord complete the Landlord Consent Form and submit this with your application. Please review the criteria on page 1 to make sure you are eligible to apply. Application Confirmation I certify that all statements on this application are true and correct to the best of my knowledge. I understand that any intentional misstatements will be grounds for disqualification. I understand that this is a grant agreement with the City and that I will meet my obligations according to the plan agreed upon between the City and me. I further agree to comply with all City ordinances and the design requirements and recommendations of the City. Applicant Signature Date City of Burlingame Restarting Business Assistance Program Supporting Information Please attach a page (or pages) with responses to the following items: 1. Use of Funds Please write a paragraph describing the proposed use of funds. The description should include what improvements or purchases you wish to make and how the purchases support public health in the reopening process. The description should include the actions you would take if you received a grant. Actions can include, but are not limited to, purchase of PPE, installation of sanitization stations, partitions, contactless payment systems, etc. 2. Work Plan Summarize in a paragraph how you plan to implement the improvements. Provide a timeline for the project from purchase to implementation, and include paid invoices or receipts. 3. Budget Please include a summary that itemizes the costs of materials and supplies for this purchase or installation. Please note that the grant will cover up to a maximum of 80% of the improvement costs, or $3,000 (whichever is lesser). City of Burlingame Restarting Business Assistance Program Landlord Consent Form Consent I, the undersigned owner of the existing building located at (address) certify that (business name) operates or intends to operate a business at this location. The undersigned agrees to permit the applicant and his/her contractors to implement improvements listed on the City of Burlingame Restarting Business Assistance Program. Application dated: The undersigned agrees to hold the City of Burlingame harmless for any charges, damages, claims, or liens arising out of the applicant's participation in the Restarting Business Assistance Program. Signature Date In lieu of landlord signature, see attached lease agreement that authorizes tenant to make modification to fagade or building exterior. ❑ No modifications will be made to the fagade or building exterior. Community Development Department City of Burlingame 501 Primrose Road Burlingame, CA 94010 www.burlingame.org 650.558.7250 City Council Economic Development Subcommittee MINUTES (APPROVED) Conference Room A City Hall, 501 Primrose Road — Burlingame, California Wednesday, June 10, 2020 — 8:15 a.m. ATTENDANCE Members Present: Vice Mayor Ann O'Brien Keigh ran, Councilmember Ricardo Ortiz Members Absent: None Staff Present: City Manager (CM) Lisa Goldman, Community Development Director (CDD) Kevin Gardiner, Economic Development Specialist (EDS) Joseph Sanfilippo Members of the Public Present: John Hutar (SMCCVB), Lisa Kershner (Marriott), Fettah Aydin (Embassy Suites), Michael McKee (DoubleTree), Kevin Kretsch (Hyatt SFO), Georgette Naylor (Burlingame Chamber of Commerce), Riyad Salma READ AND APPROVE MINUTES FROM MAY 13 AND MAY 28 MEETINGS Approved. DISCUSSION ITEMS Discussion with Hoteliers John Hutar noted that the San Mateo County/Silicon Valley Convention and Visitors Bureau (SMCCVB) established a Sanitation Committee for safety protocols and best practices to disseminate information to their membership. A Facebook Live event is scheduled for June 11 with a general manager speaker, both for travelers and hospitality representatives. Mr. Hutar noted that State guidance for leisure travel will allow business to begin accommodating leisure travel guests on June 12, pending approval by local Health officials. He mentioned that Monterey, Napa and San Diego Counties will be opening on June 12. The industry anticipates that most visitors will likely be within a drive radius (200-250 miles), primarily because of consumer sentiment to stay isolated in one's own car. The California travel industry is examining Arizona as a model, as their state reopened 3-4 weeks ago. Visit California and CalTravel are using this as a methodology to gauge that reopening is safe. Mr. Hutar noted that the Hyatt Regency and Marriott Waterfront are suited specifically for large groups, and they are particularly hard hit because large conferences are not anticipated for several months at a minimum. He mentioned that they are extremely important for the region's economic vitality. City Council Economic Development Subcommittee — Minutes June 10, 2020 (DRAFT) In general, he anticipates a 50-55% decline in regional hospitality revenue for 2020 and mid -high 40's occupancy for 2021, but group bookings could skew recovery larger or smaller. Kevin Kretsch (Hyatt SFO) noted their corporate office directs many sanitation protocols and notes there are no problems in communicating or implementing these. He mentioned that his hotel was at single -digit occupancy during the peak of COVID-19, but occupancy is increasing slowly to the teens. He anticipates a long road to "normalcy" for this area in the travel industry. Mr. Kretsch noted that larger hotels that generate meeting space revenue will be more greatly challenged because of large gathering limitations, though notes interest in inquiries asking "what if' for potential gatherings in late 2020 or 2021. Lisa Kershner (Marriott) mentioned her hotel has been closed, but they are looking at reopening on July 1. They are concerned about reopening without group markets (leisure or business). She mentioned that Burlingame is competing with the major metros of San Francisco, Oakland and San Jose, etc. She hopes that the City can help the SMCCVB market to promote the area, assist in the beautification of Airport Boulevard, or attract flight crew business specifically. Recently, a San Francisco hotel "poached" one of their flight crews, but she does not know what specifically caused this. She did note Burlingame's advantages (proximity to major metros, clean air, fewer homeless people, etc.) She also predicts a slow recovery that will likely take 12-18 months. She is concerned about the County reopening too slowly and losing competitive advantage to major hubs. Ms. Kershner noted that some Marriott hotels achieved almost 80% occupancy in the drive radius market for leisure travel on Memorial Day weekend because of their early reopening. Mike McKee (DoubleTree) agreed, stating that two DoubleTree resorts sold out over Memorial Day weekend. Mr. Hutar also noted that coastal areas (Pacifica, Half Moon Bay) are doing well on weekends. Fettah Aydin (Embassy Suites) has stayed open, with occupancy in single -digits to low-20s. Hilton (parent company of Embassy Suites) has partnered with a sanitation company to better implement their sanitation protocols (contactless key cards, touchless environments, etc.) They will also work on meeting space sanitation improvements soon. He noted that 20% of their business depends on flight crews. Councilmember Ortiz questioned occupancy for a clearer picture. Mr. McKee forecasts 65% occupancy in Q1 and Q2 2021. Mr. Aydin anticipates 50% for 2020, 65% in Q2 2021, 80-90% by end of 2021. Mr. Kretsch painted a more sobering picture of 30% for 2020 (very dependent on group gatherings), 65% by end of 2021. Ms. Kershner noted SF Travel is forecasting 50% till Q2 2021. Mr. Hutar mentioned that corporate travel will likely be nonexistent for 2020, primarily because it is difficult to overcome the stigma of sanitation and safety in travel. 2 City Council Economic Development Subcommittee — Minutes June 10, 2020 (DRAFT) Councilmember Ortiz questioned how daily room rates calculate into the forecast. Hoteliers unanimously agreed that rates are down significantly for 2020, and it will take 12-18 months to recover to pre-COVID rates. Ms. Kershner and Mr. Kretsch applauded that Burlingame Avenue is doing well. They reiterated the importance of Bayfront beautification, particularly in tandem with sea level rise, and would like greater enforcement on property owners for Bayfront maintenance. Vice Mayor O'Brien mentioned that Burlingame Ave will initiate a pilot program to close for one month on Friday -Sunday, which was met with praise. Councilmember Ortiz noted there are difficulties in enforcing property maintenance on private property, but the City can facilitate connections between owners. Vice Mayor O'Brien requested a full City Council discussion concerning Bayfront beautification, budget permitting. CM Goldman mentioned that Code Enforcement sent a Property Maintenance letter to property owners several weeks ago, but the Public Works Department cleaned up the areas along the Bay due to a lack of response. Burlinaame Back in Business Grants Next Ste CM Goldman introduced the topic, mentioning that $170,000 is coming back to the City from the San Mateo County Strong Fund. At the initial Council discussion, there were ideas of assisting with PPE costs, barriers between tables, Burlingame Avenue cleanup, parklet implementation, etc. She noted that money does not have to be used and can go back into the General Fund or reserves in case of emergency. Councilmember Ortiz wanted a list of businesses that had applied but did not receive funds to continue the process in our own way. CM Goldman noted that this is not public information unless the business actually received funds. The City is reluctant to receive this information because it will be subject to Public Record requests, which could compromise sensitive financial information of the applicants. Vice Mayor O'Brien proposed to use the funds for personal protective equipment (PPE) or to aid in protocol implementation, because this may be a broader need beyond rental assistance. CM Goldman noted that these funds could be used in a program similar to the Broadway Facade Improvement Program. For example, this would be a request up to a maximum of some funding amount for PPE reimbursement (face coverings, gloves, partitions, disposable menus, contactless payment systems, etc.) This would likely be on a first -come, first -serve basis. Councilmember Ortiz expressed concern that many businesses have already spent funds to implement protocols and would like them to receive compensation for improvements that have already been made. CM Goldman noted this would have to go to the full City Council on July 6 and suggested that an EDS Special Meeting may be necessary. Subcommittee members tentatively proposed that 9 City Council Economic Development Subcommittee — Minutes June 10, 2020 (DRAFT) improvements completed in the previous 45 days (or perhaps after May 4, when County reopening guidelines were first established) would be eligible for reimbursement. Councilmember Ortiz inquired if a sanitation certification is possible for businesses to obtain. Mr. Salma mentioned that it is possible to obtain, but in his conversations with business owners, it is quite expensive to undertake the improvements and obtain the certification. Vice Mayor O'Brien noted the funds could be used for general amenities (hand sanitizer stations on Burlingame Avenue provided by the City, etc.) or other miscellaneous COVID-19 precautions. She suggested that this could make the area more attractive to hesitant visitors, and the City could market itself as a destination that maintains health and safety. CM Goldman suggested setting aside a certain amount for individual business reimbursement ($60,000), $40,000 for communal sanitation (cleaning crews, hand sanitizer stations, etc.) and then retaining the remainder in reserves ($70,000) to examine what happens as the reopening process moves forward (either expansion of these programs or allocations to reserves). She suggested a limit of $2,500 per business. She also noted these programs would have to be accessible for all commercial districts. The Subcommittee members would like the option to modify the funding amounts if necessary, as they do not know what protocol implementations might actually cost. Vice Mayor O'Brien noted that restaurants will likely use more funds than retail. To promote equity, Councilmember Ortiz proposed the City can cover up to 80% of costs up to $3,000 for all types of businesses. Mr. Salma mentioned that retail and personal services will likely have a slower recovery than restaurants. Georgette Naylor (Chamber of Commerce) advocated for the funds to be spent in Burlingame if possible, but she is unsure if PPE production in Burlingame is sufficient enough to enforce such a stipulation. Potential language proposed would be: "We encourage you to shop local with the funds as much as feasible." Ms. Naylor hopes to investigate how much implementation costs are, and Councilmember Ortiz mentioned that this may be illuminated in the full Council discussion. Mr. Salma advocated for some funding to be allocated for messaging efforts (A -frames, etc.) CM Goldman inquired if these programs would only be for retail storefronts (as was the intention in the Burlingame Back in Business grant program) or for all business sectors. The Subcommittee members agreed that commercial storefronts interface with the public much more often, and CDD Gardiner mentioned that this would be a way to help restore confidence in these sectors. Future Agenda Topics 4 City Council Economic Development Subcommittee — Minutes June 10, 2020 (DRAFT) Vice Mayor O'Brien requested a review of the pilot Burlingame Avenue Closure at the July 8 meeting. CM Goldman noted that the August meeting will likely be canceled due to the Council recess. Miscellaneous Discussion All discussion was related to the agenda items. Action Items EDS Sanfilippo will flesh out a proposal for a Sanitation Measures Reimbursement Program (name pending) and send this to CDD Gardiner and CM Goldman. FUTURE AGENDA TOPICS • July 8, 2020- Examination of Burlingame Avenue Pilot Closure PUBLIC COMMENTS There were no public comments. ADJOURNMENT Meeting adjourned at 9:43 a.m. Respectfully submitted, Joseph Sanfilippo Economic Development Specialist 5 0 City Council Economic Development Subcommittee BURLINGAME MINUTES (DRAFT) Conference Room A City Hall, 501 Primrose Road — Burlingame, California Wednesday, July 1, 2020 — 8:30 a.m. ATTENDANCE Members Present: Vice Mayor Ann O'Brien Keighran, Councilmember Ricardo Ortiz Members Absent: None Staff Present: City Manager (CM) Lisa Goldman, Community Development Director (CDD) Kevin Gardiner, Economic Development Specialist (EDS) Joseph Sanfilippo, Public Works Director (PWD) Syed Murtuza, Senior Civil Engineer (SCE) Andy Wong, Streets, Storm Drains and Sewers Division Manager (SDSDM) Michael Heathcote, Deputy Director of Public Works Operations (DDPWO) Rob Mallick, Parks and Recreation Director (PRD) Margaret Glomstad Members of the Public Present: John Kevranian (President of Broadway Business Improvement District), Georgette Naylor (President of Burlingame Chamber of Commerce), Gigi's Boutique READ AND APPROVE MINUTES FROM JUNE 10 AND JUNE 24 MEETINGS Approved. DISCUSSION ITEMS Discussion of Parklet Options for Broadway Merchants SCE Wong introduced the topic. He summarized a call with the Broadway Business Improvement District (BID) that he and EDS Sanfilippo participated in. The Broadway BID Board and many merchants supported a full closure, as opposed to parklet options. SCE Wong described the street closure plan proposed by staff. It would close Broadway at Chula Vista Avenue, which would allow westbound traffic to detour at Chula Vista Avenue as well as at California Drive. Similarly, eastbound traffic would be closed off at Capuchino Avenue, which would provide an opportunity for detouring at both Capuchino Avenue and El Camino Real. Paloma Avenue and the northbound approach of Laguna Avenue would remain open to traffic for safe traffic circulation and to maintain access to residential properties and parking facilities. Laguna Avenue from Broadway to Rhinette Avenue would be closed to avoid any potential vehicular conflicts with southbound vehicles on Laguna Avenue as they approached Broadway. The street closure is proposed to extend from 8 a.m. on Saturday to 10 p.m. on Sunday. With any closure scenario there are concerns with impacts on surrounding residential areas. A closure on Friday is not recommended because of concerns it would conflict with commute traffic. John Kevranian (President of Broadway BID) said the BID continues to advocate for a closure from Friday to Sunday from 4 to 10 p.m. each day. The suggestion reflects restaurant demand being City Council Economic Development Subcommittee — Minutes July 1, 2020 (DRAFT) highest on Friday evenings, and wanting to allow deliveries and access to businesses during the daytime hours. For mask enforcement, he suggested displaying flyers on every parking meter, should the closure be adopted. Gigi's Boutique (Broadway merchant) also supported a full closure of Broadway to help restaurants and retail. She noted that residents near Broadway are supportive of the initiative, and complaints may not be as numerous as anticipated. Councilmember Ortiz inquired how the two Broadway merchants in attendance anticipate foot traffic to change in the event of a closure. Mr. Kevranian believed it will increase substantially, and he anticipated that merchants would support extending their hours. He claimed that delivery trucks are rare after 4 p.m. and on the weekends, and he suggested the side street loading for deliveries could still be possible. The Gigi's Boutique representative concurred with his statements. Vice Mayor O'Brien noted that the BID did not want parklets due to a loss of parking, but the full closure will necessitate a loss of all parking. Mr. Kevranian explained that the more permanent nature of parklets would damage the business of service businesses that rely on daytime foot traffic. He anticipated that parking for restaurants in the evenings would be specifically in the public lots. Councilmember Ortiz noted his observations in San Mateo, where parklets caused a major, permanent loss of parking but were not fully utilized by businesses. He supported a closure, but he is concerned about commute traffic on Fridays. He suggested piloting the closure only on Saturdays and Sundays to study the traffic impacts, with the potential for an extension. Vice Mayor O'Brien agreed that Saturdays and Sundays are preferable, because the program could always be expanded to include Fridays. CM Goldman noted the upcoming staff report for the Saturday/Sunday closure will go before the City Council on July 6. There is language in the staff report that allows the City to reverse the closure if a threshold of unique complaints is met and/or staff notices significant impacts on circulation, safety, etc. Mr. Kevranian reiterated the preference to try Friday closures because of the demand from restaurants. CM Goldman mentioned that this BID suggestion has been noted in the staff report for the full Council to deliberate. PWD Murtuza summarized the parklet initiative for side streets near Burlingame Avenue for restaurants. The vast majority have indicated interest. Staff will provide the restaurants with permit applications, insurance requirements, parklet designs, etc., should this be approved by the City Council on July 6. He noted that barriers are difficult to obtain due to high demand, but SDSDM Heathcote helped negotiate to receive them in time to implement parklets sooner rather than later. Parklets may take time to implement, but the Broadway closure will happen as soon as possible (assuming the Council votes in favor of both proposals). CM Goldman noted that parklets are also allowed to be removed at the City's discretion. K City Council Economic Development Subcommittee — Minutes July 1, 2020 (DRAFT) CM Goldman mentioned a recommendation in the staff report to extend the Burlingame Avenue closure, the Broadway closure, and the side street parklets through September if they are successful. This provision has been devised to allow the extension of the programs during the summer Council recess and in order to gather data for an environmental review. Discussion of Restarting Business Assistance Program (RBAP) EDS Sanfilippo introduced the topic with a brief overview of the program funding amounts and application. CM Goldman noted that the language should amended such that businesses that received Burlingame Back in Business grants are not eligible for these funds. She advocated that the RBAP be placed as a consent item to alleviate pressure on the July 6 Council meeting, which was supported by both Subcommittee members. CM Goldman mentioned that more funds can be added to the program, should it prove successful. Vice Mayor O'Brien questioned the May 15, 2020 cutoff date to reimburse for improvements. CM Goldman explained that the May 15 date was based on a County health order allowing curbside pickup, as the first of many reopening phases. Vice Mayor O'Brien suggested language be included to allow businesses that purchased improvements prior to May 15 be reimbursed as well, as some may have been planning ahead for anticipated reopenings. This will be included in the final draft of the program. Future Agenda Topics These will be confirmed closer to the August 12 Subcommittee meeting, but Councilmember Ortiz suggested an update on the pilot street closures and parklet implementation. Vice Mayor O'Brien agreed, and also suggested speaking again with the hoteliers. Miscellaneous Discussion All discussion was related to the agenda items. Action Items EDS Sanfilippo will make suggested changes to the RBAP and write a staff report for the Council meeting on July 6. FUTURE AGENDA TOPICS July 8, 2020- Cancelled due to Council recess August 12, 2020- TBD PUBLIC COMMENTS There were no public comments. 3 City Council Economic Development Subcommittee — Minutes July 1, 2020 (DRAFT) ADJOURNMENT Meeting adjourned at 9:12 a.m. Respectfully submitted, Joseph Sanfilippo Economic Development Specialist C! Agenda Item 8a Meeting Date: 06/15/2020 Vice Mayor O'Brien Keighran stated that because there are so many unknowns, she felt that the change in the purchase amount wouldn't change her mind. Councilmember Colson stated that Councilmember Brownrigg's idea was interesting. She suggested kicking this idea back to the subcommittee to further research: • if the purchase price of 20 cents to 30 cents on the dollar was doable, • if Caltrans would help pay for the project, • risk factors concerning PG&E bankruptcy, and • how to make up the gap in funding. Councilmember Ortiz concurred with Councilmember Colson. Mayor Beach asked if Councilmember Brownrigg would be willing to work on that. Councilmember Brownrigg replied in the affirmative. Vice Mayor O'Brien Keighran stated that she was open to giving the subcommittee time to gather more information. Councilmember Brownrigg stated that the subcommittee could also do a better job of laying out the stakes of undergrounding the utilities. d. UPDATE ON BURLINGAME BACK IN BUSINESS GRANT PROGRAM AND DIRECTION ON NEXT STEPS City Manager Goldman gave an update on the Burlingame Back in Business Grant Program. She stated that in March, the Council agreed to the formation of a subcommittee to develop programs to assist the City's small business community. She explained that Councilmembers Brownrigg and Colson volunteered to serve on this subcommittee. She stated that the subcommittee consulted with local small businesses and regional business support organizations. City Manager Goldman stated that at the April 20 Council meeting, the Council approved the creation and funding of a $500,000 small business grant program for local merchants and businesses. She noted that there were a lot of factors that went into how the grant program was established. She stated that the Council felt it was important to support the community and the small business sector. She explained that the City relies heavily on hotel tax revenue, and therefore the subcommittee felt that it was important to support the sector whose enterprises pay sales tax and/or provide activity and vibrancy to the City's shopping districts and residents. City Manager Goldman explained that the subcommittee worked on the programmatic details of the grant program with SAMCEDA. She noted that at the time, the theory was that the City didn't have the expertise or staffing in house to administer such a program, and SAMCEDA was working on administering a similar grant program on behalf of the County through the SMC Strong Fund. 13 Burlingame City Council June 1, 2020 Unapproved Minutes Agenda Item 8a Meeting Date: 06/15/2020 City Manager Goldman explained that on April 21, the County Board of Supervisors approved SAMCEDA's criteria for the countywide business grant program. She stated that SAMCEDA's criteria was purposefully broad as it covered all types of businesses, provided they had no more than $2.5 million in revenue and no more than ten employees. She explained that Burlingame's criteria was somewhat different and more stringent. The City wanted to allow bigger enterprises (up to $5 million in revenue) to apply, and the City wanted applicants to have a retail storefront open to the public, reflective of the Burlingame program's underlying goal to encourage sales tax -generating businesses and community vibrancy. City Manager Goldman stated that the Burlingame Back in Business Grant Program, as administered by SAMCEDA and the San Mateo Credit Union, made 32 grants of $10,000 each to Burlingame businesses. (One Burlingame business is still pending due to a paperwork issue.) She noted that included in the staff report was a list of the businesses that received funding from either the City's program or the County program. She added that grants were made on a "first in, first awarded basis." She stated that the program was oversubscribed. City Manager Goldman stated that she talked with SAMCEDA President Rosanne Foust earlier in the day; Ms. Foust told her that there are 58 Burlingame businesses in the queue for grants. City Manager Goldman stated that because of the differences between the City and County programs, the subcommittee has raised the question about whether the remaining City funds should stay with SMC Strong or should be utilized for other purposes. She noted that there is approximately $180,000 remaining of City funds that were allotted to the Burlingame Back in Business Grant Program. (The amount is $170,000 if the pending business receives the funding.) City Manager Goldman stated that self -administration of the program is not an option because the City doesn't have the necessary staffing to handle this program, nor does the City want to take possession of documents that contain confidential information. She stated that the Council could decide to keep the funds with SAMCEDA or return the funds to the General Fund. She explained that if the funds are returned to the City, Council could have the subcommittee work with staff on potential options on how to utilize the funds to support the small business community. City Manager Goldman stated that one idea that came out of the subcommittee was to create a program for COVID-19 reopening using the Broadway Facade Grant Improvement Program as a model. She explained that businesses could apply for funding to help purchase personal protective equipment, dividers, and other equipment. She stated that another option is for Council to put the funding towards the costs associated with closing Burlingame Avenue to allow for outdoor dining. Councilmember Ortiz asked if he was correct that if the City kept the funds in the SMC Strong program, the difference would be that the County doesn't require the businesses to have a retail storefront. City Manager Goldman replied in the affirmative. 14 Burlingame City Council June 1, 2020 Unapproved Minutes Agenda Item 8a Meeting Date: 06/15/2020 Councilmember Colson thanked Rosanne Foust for the amazing work that SAMCEDA did to assist Burlingame businesses. She stated that once Ms. Foust realized the process wasn't aligning with the City's goals, Ms. Foust came to the subcommittee to explain the difference. She thanked Ms. Foust for giving the subcommittee a heads up and explaining the options for going forward. Vice Mayor O'Brien Keighran thanked SAMCEDA for their work on the grants for the County. Mayor Beach opened the item up for public comment. SAMCEDA President Rosanne Foust thanked the City for their funding as it helped over 30 Burlingame businesses. She discussed SAMCEDA's support and stated that they would be providing Burlingame with more data about how the City can help their local businesses. Mayor Beach stated that the City Manager mentioned that the program is oversubscribed and that there are 58 Burlingame businesses in the queue. She asked if the City redirected the $180,000 back to the General Fund, how many of the local businesses would be able to obtain County grants. Ms. Foust stated that she spends a part of her day dialing for dollars and conducting outreach. She noted that she will do her best to help as many businesses in the County as she can. Mayor Beach closed public comment. Councilmember Ortiz stated that the Burlingame businesses that are in the queue are expecting the same consideration as those that made it through the queue. He explained that he believed the businesses would be disappointed if the City pulled the funds. Councilmember Ortiz stated that he didn't support withdrawing the money from SAMCEDA. Councilmember Brownrigg thanked SAMCEDA for their hard work. He talked about how impressive it was that SAMCEDA fundraised, outlined the program, and released the funds in such a short amount of time. Councilmember Brownrigg stated that even if the City makes the last 18 grants ($10,000 per grant), there will be a number of Burlingame businesses that will be disappointed. Therefore, he stated that what the City needs to do is think about the best way to utilize the remaining funds. He discussed closing Burlingame Avenue and the costs that would be associated with that project in order to make it successful. Councilmember Brownrigg stated that he supported retrieving the unused funds and putting them towards City programs that will have a broader benefit to the business community. Mayor Beach stated that what she liked about the County program, is that the City had a vision to assist businesses quickly, and the County's program met this immediate need. She added that she also liked the County program because it was trying to assist as many small businesses as possible and kept the Council at arm's length in regards to reviewing and selecting recipients of grants. She noted that if the City kept the $180,000 with SAMCEDA, then 18 more businesses would benefit from the program. 15 Burlingame City Council June 1, 2020 Unapproved Minutes Agenda Item 8a Meeting Date: 06/15/2020 Mayor Beach stated that if a majority of her colleagues would rather remove the funds from SAMCEDA, she would like to see the funds used in a broader more general regard such as closing down Burlingame Avenue. Vice Mayor O'Brien Keighran thanked SAMCEDA. She stated that she believed the City should retrieve the funds so that they could be utilized for programs that fit the Council's original vision. She discussed the State guidelines that businesses will need to follow to reopen. She stated that the City should look into how it can assist businesses in reopening. Therefore, she suggested utilizing the funds to help businesses reopen including purchasing PPE, outdoor seating, partitions, etc. Councilmember Colson stated that when the Council approved the criteria for the Burlingame Back in Business Grant Program, one of the main objectives was for the City to invest funds into businesses that have a retail storefront. She explained that this is because the Council knew that these businesses would drive sales tax. She stated that the County's program allowed for grants to businesses that wouldn't benefit this original objective. She noted that the Burlingame Back in Business subcommittee or Economic Development subcommittee could discuss how best to utilize the remaining $180,000. Councilmember Ortiz voiced his concern about how the remaining $180,000 will be doled out to local businesses. He explained that if the City focuses on reopening Burlingame Avenue, then businesses in the plaza and on Broadway will have issues. He stated that the process must be objective, and the Council can't show a preference to a certain industry or location. Mayor Beach asked if the City retrieves the funds, is it better for the Economic Development subcommittee or the Burlingame Back in Business subcommittee to discuss how to utilize the funds. City Manager Goldman noted that there were benefits to both subcommittees working on this project. Councilmember Brownrigg made a motion that subject to the final account of funds, SAMCEDA will return the remaining City funds, and they will be utilized in programs that broadly assist the Burlingame business community; seconded by Councilmember Colson. The motion passed by roll call vote, 3-2 (Councilmember Ortiz and Mayor Beach voted against). Councilmember Brownrigg suggested having the Economic Development subcommittee work with the local businesses on how best to utilize the remaining funds. Councilmember Colson stated that it made sense to put the decision with the Economic Development Subcommittee since they had administered the Broadway facade grant program. Mayor Beach stated that she agreed with Councilmember Colson that the Economic Development Subcommittee made the most sense. Council agreed to have the Economic Development Subcommittee determine how best to utilize the funds. 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS 16 Burlingame City Council June 1, 2020 Unapproved Minutes AGENDA NO: 9a BiFRLINGAME STAFF REPORT MEETING DATE: July 6, 2020 To: Honorable Mayor and City Council Date: July 6, 2020 From: Lisa Goldman, City Manager — (650) 558-7204 Syed Murtuza, Director of Public Works — (650) 558-7230 Kevin Gardiner, Community Development Director — (650) 558-7253 Subject: Public Hearing to Consider the Extension of the Temporary Street Closure of Downtown Burlingame Avenue, the Creation of Parklets Near Downtown Burlingame Avenue, and the Temporary Street Closure of Broadway to Facilitate Safe Pedestrian Activity and Outdoor Dining Pursuant to the Latest San Mateo County Health Order RECOMMENDATION Staff recommends that the City Council hold a public hearing to consider: • The extension of the temporary, Friday -Sunday street closure of Downtown Burlingame Avenue between El Camino Real and California Drive until the end of September; • The creation of parklets along restaurant frontages within the parking lanes on Primrose Road, Park Road, Lorton Avenue, Howard Avenue, and Chapin Avenue; and • The temporary, Saturday -Sunday closure of Broadway between Chula Vista Avenue and Capuchino Avenue. BACKGROUND On June 9, 2020, the City Council held a special meeting to consider temporarily closing off Burlingame Avenue between El Camino Real and California Drive to facilitate safe outdoor dining and safe pedestrian activity. The City Council directed staff to implement the temporary closure for a period of one month before evaluating whether to extend it further. As part of the deliberations at the June 9, 2020 meeting, the City Council expressed an interest in creating parklets on side streets in the Downtown Burlingame Avenue area. Additionally, during the public hearing, the Broadway Business Improvement District (BID) President John Kevranian requested that the Council consider closing Broadway to facilitate outdoor dining similar to Burlingame Avenue. On June 24, the Economic Development (ED) Subcommittee held a special meeting to discuss the parklets concept and options to allow additional outdoor dining along Broadway. Jenny Keleher, President of the Downtown Business Improvement District (DBID), Mr. Kevranian, and 1 Public Hearing Regarding Temporary Street Closures and Creation of Parklets July 6, 2020 Facilitate Safe Outdoor Dining and Safe Pedestrian Activity Georgette Naylor, President and CEO of the Burlingame/SFO Chamber of Commerce, and Ajay Walia, owner of Rasa, attended the subcommittee meeting. DISCUSSION Burlingame Avenue Street Closure Update Per the City Council direction at the special meeting on June 9, 2020, staff implemented the one -month pilot street closure of Burlingame Avenue on the weekends of June 19-21 and June 26-June 28. The street will also be closed July 3-5. The pilot program will end on July 19, 2020 unless extended. Based on staff observation and input and feedback received from the public and the business community thus far, the street closure has been working successfully. There have been concerns, however, about some members of the public not following social distancing guidelines and not wearing face coverings. As a result, staff has increased signage regarding the importance of wearing face coverings and maintaining safe social distancing and has included such messaging in the eNews. The DBID also added similar messaging to their street kiosks. In addition, at least one business owner is concerned that the closure is having a detrimental impact on his business. He and his employees report that the business is receiving far fewer customers than they were before the street closure. At the City's request, the DBID is in the process of conducting a survey of their members to obtain feedback, using questions drafted by City staff. Staff will share the survey results with the Council when they become available. Since the initial weekends have proven successful, staff recommends extending the pilot program through the end of September. That should provide sufficient time to properly monitor traffic circulation and parking conditions as well as identify any safety issues that may arise. The extension will also allow adequate time to monitor the program and collect the necessary data to conduct CEQA (California Environmental Quality Act) studies should the Council wish to continue the program on a long-term and/or seasonal basis in the future. Parklets on Side Streets in the Downtown Burlingame Avenue Area Parklets are public seating areas that convert curbside parking spaces into community spaces will still maintain uninterrupted and safe traffic circulation and access to businesses and parking facilities. At the June 24 ED Subcommittee meeting, staff presented options for parklets on the various side streets downtown. The Subcommittee agreed with the suggestions and recommends that the City Council consider allowing parklets on Primrose Road, Park Road, Lorton Avenue, Howard Avenue, and Chapin Avenue. The attached plan shows the parklet concept and locations. The parklets would be created using heavy duty industrial plastic hydro -barriers that are typically used in construction to provide increased safety to parklet users. It is important to note the parklets will be in place every day, not just on weekends, as the barriers are more difficult to place and remove than the barriers used for the Burlingame Avenue weekend closure. 2 Public Hearing Regarding Temporary Street Closures and Creation of Parklets July 6, 2020 Facilitate Safe Outdoor Dining and Safe Pedestrian Activity In addition to the previously estimated loss of parking on Burlingame Avenue of approximately 150 to 160 parking spaces when the street is closed on the weekends, the creation of parklets will result in a parking loss of up to approximately 60 to 70 spaces on side streets in the downtown area on both weekdays and weekends. This estimate is based on maximum utilization of parklets. The actual figures will be known after the City determines which restaurants wish to participate. Although there are parking facilities in the area that will still be available, there will certainly be times when parking is tight, and the City will hear complaints from visitors about lack of parking and from nearby neighbors about their streets being overrun with parkers. Broadway Street Closure At the June 24 special meeting, the ED Subcommittee discussed various options to facilitate outdoor dining on Broadway, ranging from creating parklets along Broadway in front of restaurants to fully closing off the street for motorists between California Drive and El Camino Real. At the City's request, the Broadway BID distributed a survey to Broadway merchants prior to the special meeting. The survey was originally intended to obtain input and determine whether merchants supported parklets on Broadway. However, due to concerns regarding the loss of parking, the Broadway BID added additional language seeking feedback on street closures. The initial survey feedback indicated mixed support for parklets, and there was considerably more support for a street closure on weekends. After extensive discussions regarding both options, the ED Subcommittee remained concerned with both the potential traffic impacts from closing a busy street, as well as the loss of parking resulting from the creation of parklets (which would remain in place every day of the week). The ED Subcommittee directed staff to present both options to the BID and report back, as there was a concern that the BID survey respondents may have not properly understood the options since they had not seen renderings of the barriers or maps of where parklets might be installed. Staff attended a special BID meeting on June 26, 2020 and presented both options along with concept drawings. After reviewing and discussing the options, the BID members expressed strong support for the closure of Broadway from Chula Vista Avenue to Capuchino Avenue on a weekly basis from Friday at 4 PM to Sunday at 10 PM. Broadway is a major east -west arterial street connecting US Highway 101 and El Camino Real, with heavy traffic volume and traffic congestion. Closing off Broadway would exacerbate the traffic congestion and may potentially increase safety concerns. Staff is concerned that closure of Broadway would detour the traffic onto nearby, narrow residential streets. Additionally, there are one-way side streets that cross Broadway, which may present traffic circulation and access issues to nearby residential properties and parking facilities. Closing Broadway off on weekends only (starting on Saturday mornings, rather than on Friday afternoons) may lessen those impacts as the traffic is observed to be generally lighter on weekends than weekdays. On July 1, the ED Subcommittee held another special meeting to discuss this matter. The meeting was attended by BID President John Kevranian, and a representative from Gigi's Boutique on Broadway. The Subcommittee supported piloting the temporary closure of Broadway on weekends only, from Saturday at 8 a.m. to Sunday at 10 p.m. Both Mr. Kevranian 3 Public Hearing Regarding Temporary Street Closures and Creation of Parklets July 6, 2020 Facilitate Safe Outdoor Dining and Safe Pedestrian Activity and Gigi's Boutique representative expressed the need and importance of having the street closed on Friday to allow for outdoor dining to help restaurants. After reviewing the needs of the restaurants, and analyzing concerns regarding potential traffic impacts resulting from street closure during rush hours on Friday evening, the Subcommittee recommended that Broadway be closed off from Saturday morning at 8 AM to Sunday at 10 PM, and monitor the conditions before considering any expansion to include Fridays, and/or make changes as needed, including stopping the closure if the conditions get worse. The attached street closure plans shows Broadway closed off at Chula Vista Avenue, which would allow westbound traffic to detour at Chula Vista Avenue as well as at California Drive. Similarly, eastbound traffic would be closed off at Capuchino Avenue, which would provide an opportunity for detouring at both Capuchino Avenue and El Camino Real. Paloma Avenue and the northbound approach of Laguna Avenue would remain open to traffic for safe traffic circulation and to maintain access to residential properties and parking facilities. Laguna Avenue would be closed off at Rhinette Avenue to detour the southbound traffic because the southbound access currently terminates at Broadway. However, the northbound traffic on Laguna Avenue will be allowed to maintain safe circulation, and access to residential properties. Additionally, this will help reduce potential vehicular conflicts in that segment of the street. The plan provides an approximately nine foot wide pedestrian area along the sidewalk on both sides of the street along the frontages of businesses and restaurants, which would satisfy ADA (Americans with Disability Act) requirements. The restaurants will be able to use the approximately 11 foot wide diagonal parking area along their frontages for outdoor dining purposes on both sides of the street. The middle part of the road, which is 24 feet wide (travel lanes), will be available for additional pedestrian activity and will serve as an emergency response access lane when needed. Approximately 50 to 60 parking spaces would become unavailable on weekends if the City Council approves the temporary weekend closure of Broadway. As with the Burlingame Avenue commercial district, there are nearby parking facilities on either side of Broadway, but parking will become tight on busy weekends. Next Steps Should the City Council approve adding parklets to the downtown side streets and closing Broadway on weekends as a pilot program, then interested restaurants must obtain an encroachment permit from the Public Works Department and adhere to all permit conditions and City requirements for using the public right-of-way as follows: • All restaurants, eateries, retail businesses, and members of the public must abide by the State of California Health Orders with respect to social distancing, masks, etc. • Restaurants must follow the County Health Orders for serving food, including providing PPE (personal protective equipment) for employees, and providing washing stations for patrons. • All sales, service or consumption of alcoholic beverages shall be in compliance with the California Alcoholic Beverage Control Act as described in Division 9 of the California 0 Public Hearing Regarding Temporary Street Closures and Creation of Parklets July 6, 2020 Facilitate Safe Outdoor Dining and Safe Pedestrian Activity Business and Professions Code and any implementing regulations or other applicable laws. Each restaurant using the City right-of-way for outdoor dining is responsible for the safety of their patrons. The City's existing sidewalk encroachment permit template can be adapted to cover the expanded dining areas and the City Council can direct that the City waive encroachment permit fees for outdoor dining during this program. • The businesses must maintain ADA access at all times. • Each restaurant using the outdoor dining space is responsible for keeping their frontage sidewalk and the parking lane areas clean at all times. • All tables and chairs should be removed from the sidewalk and street at the end of each day. • The DBID and Broadway BID will serve as liaisons for these projects and will coordinate with merchants and businesses to ensure all the conditions are met. Potential Cessation of the Programs Prior to the End of September Staff wishes to highlight for the City Council and the public that the City may remove any of the street closures or make adjustments if they are causing traffic congestion, circulation concerns, safety concerns, parking problems, and/or emergencies. Additionally, the City may remove any of the street closures or make adjustments if social distancing/face covering requirements are ignored. In addition, staff suggests the Council consider terminating either of the street closures or the parklets if 30 or more complaints are received from separate people/businesses concerning traffic safety, congestion, parking, and/or public health and safety. FISCAL IMPACT There will be significant staff time and resources utilized to plan, set up and remove the traffic detour and road closure signage on a weekly basis and to respond to issues and manage the street closures and parklets. This will impact staff's regular duties and affect other City services and work programs. Staff estimates the cost of setting up and removing the street closure on Broadway to be similar to Burlingame Avenue, which is estimated at approximately $10,000 to $12,000 per month. Additionally, staff estimates the cost of renting and setting up barriers to create parklets is $20,000 to $30,000 per month. Regarding loss of parking revenue, staff estimates the overall loss is approximately $20,000 to $30,000 per month. The overall total fiscal impact of the pilot program is estimated to range from $60,000 to $80,000 per month. The actual figure may vary and will be determined after the completion of the pilot program. Exhibits: • Draft Parklet Plan for Side Streets in the Downtown Burlingame Avenue Area • Draft Broadway Street Closure and Detour Plan • Summary of BID Meeting Minutes • Economic Development Subcommittee Meeting Minutes — Special Meeting June 24, 2020 • Economic Development Subcommittee Draft Meeting Minutes — Special Meeting July 1, 2020 5 BURLINGAME C A L l 1e 0 H N 1 A Draft Parklet Plan for Side Streets in the Downtown Burlingame Avenue Area Proposed Parklet Locations In Burlingame Avenue Downtown Number of Existing Spaces: 205- Anticipated Parking Loss: 63 Est. Total Monthly Cost: $20K-$27K ° •• •• ''-_�"I -.n r= w 47 0 5 Spaces _! } ! 1 Restaurant r �• ^� ; _ 15 Spaces 19 Spaces i Restaurant 6 Restaurants 16 Spaces 24 Spaces •.�" 2 Restaurants No Restaurants , 1.7 f _ 4 Spaces 27 Spaces �- 4 Restaurants �� ' •� 1 Restaurant I - ;1 j. 8 Spaces __ -�'• - 2 Restaurants = o { 11 Spaces 17 S aces i 1 Restaurant t 15 Spaces p No Restaurants 1 Restaurant C H ;-y ❑ I 4 1 y a �4 o 17 Spaces - 19 Spaces 19 Spaces No Restaurants �� No Restaurants • ., � : - • 2 Restaurants Example of Individual Parklet implemented during SIP Cincinnati, Ohio M� - Vong !GNP , .oi e� I,. 1 art•'—�- '• � . _ '� �_ ' �r� awl`, .+T 'may A.- Ay - � ti ��• �. IM # rt . i•" : - �I��ihura� N, I'll 5' Parking Lmt I L I S I Sidtwalk Streetmix Help � Contact � Donate Store Primrose Road (Parklet Option)- IIII TTTTT Sidewalk S L Outdoordi_ n nannla 49'ywidth T • 3000 people hr • Add location '0' 14' Drive lane Drive lane 'I cm nannlalhr 'I Snn nannla lhr IIII 61'1' 5' Outdoor di_ L S Sidewalk n --A. New street Settings � Share v ® awong Streetmix Help � Contact � Donate Share Primrose Road Wo Howard) Existing IIIII I 6' 1' 2' Sidewalk S L- � 67' width * • 41,000 people hr • Add location AW2MW AM 16' 12, Angled parking Drive lane 12, ❑rrve lane F� 1 New street Settings � Share � 0 awong m 1 1 7' 2' 2' 7' Parking lane L_ Si_ Sidewalk 19.040 p6o.;r... 77 on Streetmix Help Contact � ❑on ate Store Primrose Road Wo Howard) Parklet Option it .O, IIIII I 6' Sidewalk S L.. 14W Outdoor dining 67' width • 41,000 people hr • Add location '2' '1' Drive lane Drive lane 1.50D nPnnlelhr ^^ --'— F� AW A New street Settings � Share � ® awong 11 a 11 m no 71a 2' 2' 7' PaL- Si_ Sidewalk i9non nrnnl 10 Streetmix Help � Contact • Donate Store IN Park Road (Existing) 68'wid th r • 41,000 people hr Add location 3 1 IIIII 6' 1'1' 13, 12, 12, 13' Sidewalk 8L Angled parking Drive lane Drive lane Angled parking 19.000 11 = :: o fA I Illlil ii_ Sidewalk 19,000 _ Streetmix Help � Contact � Donate Store IN Park Road (Parklet Option No.1) GS'width v • 41,000people hr • Add location 1'4 or �L'2l 12''1, L iSidewalk SL Outdaardining 7_ 6ri�eane �ri�elane �... Outdaardinimg LSi_ 1-Mon nrn._ 9 900 nennlelhr 9 5op nennlel— New street m Settings � Share v ® awong IIIIII Sidewalk 14.000 nennl... Streetmix Help T Contact � Donate Store Park Road (Parklet Option No. 2) 58'width v • 41,000 people hr • Add location I hAd kbk IIIII 6'34 12' Sidewalk S I Outdaar dining J_ Drive lane 19.000 p o... 1.500 peopleft 12' 13' Drive lane Angled parking 1.50C peopleJhr I IIIIII 2' 7' ii_ Sidewalk 19,000 peopl... New street Settings T Share - 0 awong v Streetmix Help r Contact � Donate Store ■ [Lorton Road (Existing)] 52' width r • 41,000 peoplelhr • Add location New street Settings IIIII IIIII 61' 1' 1' N 10' 10' N t' 1' 6X, Sidewalk S L Parking lane Drive lane Drive lane Parking lane L S Sidewalk .000 Leo... 1,500 eoopFe/hr 1.500 eeoppeft 19,000 peo,,, Share � ( awong T Streetmix Help + Contact * Donate Store .orton Road (Parklet Option No.' 52'width v • 41.400 people hr • Add location IY., 10, 10' 3 0... `DrrveIaneF =Drive lane ■ ■ mild blib 0 "'IIIIII 6' "' 63i' OutdOordi_ L S Sidewalk 74.040 ped... New street Settings + Share v ® awong + no Streetmix Help , Contact r Donate Store T -.orton Road (Parklet Option No. 2)_ 52'width v • 41,000people hr Add location III K' 7't' 7W 10, walk 5 L Parking lane Drive lane ■■ M011111111 10, 134' 6' I'll 613' Drive lane D,,, Outdoordi.. L S Sidewalk I R41r%.... k,r.,_ —r nn wen New street Settings , Share v ® awong v no Streetmix Help * Contact * donate Store Howard Avenue (Existim 75' width • • 41,CD0 Pgqplelhr • Add location ON ■ ■ ■■ ■ III 8 2 2 ,3 Sidewalk Si_ L.- Angled parking 19,000 peo... 0 I IIIII 2' 6' Si.. Sidewalk ,4,000 peo... +�rr• New street Settings r Share + 0 awong ■E Streetmix Help - Contact v Donate Store I - toward Avenue (Parklet Option No.1) 75' width • • 41,000 people hr Add location Now street m Settings Share � ® awong T ■■ I I I 1 0 1 1 11111 ` 6' 2' 2' 11Y.' 1Y' 14Y' 14Y:' 134' 11%, 2' 2' 6' Sidewalk L_ Outdoordiniho i... Drive lane Drive lane j... Outdoordiniho L_ Si_ Sidewalk 74.00O o —,I, .. « 19.000 oeo... Streetmix Help * Contact * ❑onate Store Howard Avenue (Parklet Option No. 2) 1 75' width • • 41.000 people hr • Add location 3§ 74K' Sidewalk Si... L... Outdoordining ,� 0rive lane nnnnn 0� 1.540peop'elhr Y New street Settings * Share * ® awong ■■ m ■■ ■■ ■■ .�. AW Mw om_ 7A,"�,Iled BURLINGAME C A L 1 1e 0 H N 1 A Draft Broadway Street Closure and Detour Plan Streetmix Help T Contact T Donate Store Broadway (Existing) I New street Set#ings T Share T ®awong T 64'width T • 1,500 people hr Add location ■. . •. ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ 1'4 IIII I I I I IIII 5' 2' 2' 111 12' 12' M` 2' 2' 5' Sidewalk S1_ L_ Angled parking Drive lane No turn lane Angled parking L_ S1_ Sidewalk n.,a I. 1 Snn na—Whr n --I. IIII 5' 2 2 11' Sidewalk Si_.. L... Outdoor dining ] ptcple.._ 12' d rive lane 1.SOO Hnpberh. 12, ❑rrve lane IIII I I IIII 11' 2' 2' S' Qutdoordining L- Si_ Sidewalk J p2c p It. < R D CL SED AHEAD > R CL A �A, Broadway Closure Restriction Signage ®r N NO 0: TURNS ROAD LoS El AHEA OAD ROAD CLOSED KUAU %,LVOLLP AHE oil ir Summary of the Broadway BID Meeting Minutes June 26, 2020 Joseph Sanfilippo and Andy Wong had a Zoom meeting the morning of June 26, 2020 with the Broadway BID Board to discuss parklets and closure options. Please see below for a quick summary of the call, along with staff's recommendation. From the Broadway BID Board, John Kevranian, Ross Bruce, Christopher Diez, Gigi (Gigi's Boutique), and Shirley (unknown) were in attendance. Though Ross and Gigi initially supported the parklet options, the Board ultimately chose to pursue the closure, but with the addition of Fridays. Their current goal is 4-10 p.m. Friday, Saturday and Sunday (as outlined in John Kevranian's initial proposal). They are very concerned about Fridays because they are reportedly a major day for the restaurants. Retail and personal services businesses do not want parklets due to the permanent loss of parking during the week. Cross -street traffic on Laguna Avenue is a concern, but they noted several possible alternative routes used during the Pet Parade (either a detour on Rhinette Avenue or a closure at Carmelita Avenue). Board members are expected to be in attendance for the July 1 Economic Development Subcommittee meeting (at least John Kevranian). Staff recommends as follows: Closure to occur Saturday through Sunday to ease transition into the closure. Staff has concerns with changing traffic conditions during a peak traffic period. It would be recommended to implement the closure during an off-peak time so drivers are gradually introduced to the closure as the day goes on. Paloma Avenue and Capuchino Avenue intersections to remain open. Staff continues to have concerns with queuing on the side streets, but closing these intersections would significantly reduce access to parking, increase the potential for gridlock in the residential neighborhoods, and force residents to drive in the wrong direction down a one-way street. City Council Economic Development Subcommittee BURUNGAME MINUTES (DRAFT) Conference Room A City Hall, 501 Primrose Road — Burlingame, California Wednesday, June 24, 2020 — 8:30 a.m. ATTENDANCE Members Present: Vice Mayor Ann O'Brien Keighran, Councilmember Ricardo Ortiz Members Absent: None Staff Present: City Manager (CM) Lisa Goldman, Community Development Director (CDD) Kevin Gardiner, Economic Development Specialist (EDS) Joseph Sanfilippo, Public Works Director (PWD) Syed Murtuza, Senior Civil Engineer (SCE) Andy Wong, Deputy Director of Public Works Operations (DDPWO) Rob Mallick, Finance Director (FD) Carol Augustine Members of the Public Present: John Kevranian (President of Broadway Business Improvement District), Jenny Kelleher (President of Downtown Business Improvement District), Ajay Walia (Owner of Rasa), Georgette Naylor (Burlingame Chamber of Commerce) DISCUSSION ITEMS Discussion of Preliminary Results of Burlinaame Avenue Closure PWD Murtuza said reception was generally positive despite some concerns with lack of social distancing or face coverings. Cleanliness was an issue (several tables and chairs were left out), and staff is working to get compliance from business owners. Traffic safety was a major success, though there were some concerns with bicyclists on the street. There was plenty of available parking in nearby lots. Councilmember Ortiz inquired if there were any bottlenecks at Primrose Road or Lorton Avenue. PWD Murtuza noted that drivers can use Donnelly as a detour or an alleyway to the south to get to available parking. Subcommittee members mentioned that the atmosphere was great, and the public seemed to consider the event a success as well. Vice Mayor O'Brien acknowledged concerns with bicyclists that arise due to pedestrians also walking in the street. She requested reminders for face coverings at entry points to the closure. She mentioned that some restaurants noticed people using their restrooms but not dining, and she suggested that portable toilets may be needed. CM Goldman mentioned that non -mask wearers and breaches of social bubbles are being reported, but she agreed with signage at the entry points to notify people that safe social distancing and face coverings are required. City Council Economic Development Subcommittee — Minutes June 24, 2020 (DRAFT) Vice Mayor O'Brien inquired about signage requirements. EDS Sanfilippo mentioned there are printable signs on the County's website, but CM Goldman and PWD Murtuza noted that A -frames may be possible at entry points. The Subcommittee pushed for accountability on customers and businesses for compliance. Jenny Kelleher (President of DBID) wondered if a City-wide campaign is possible (i.e. a banner over the major thoroughfares, etc.) PWD Murtuza agreed that a banner would be useful, and he hoped that the BIDs could look into such an effort. He also suggested that placing messaging in the kiosks with maps of Downtown could help. Georgette Naylor (Chamber) suggested chalking areas to comply with social distancing, but CM Goldman noted that this would likely be difficult for implementation on a street closure. Ajay Walia (Owner of Rasa) agreed that the entry point reminders would be helpful, but even reminders in the center of the street may be necessary. CM Goldman noted the impending City Council recess and mentioned there will be a request at the July 6 Council meeting to delegate to staff for the ability to extend the closure and/or make any necessary changes until the Council returns from its recess. CDD Gardiner noted that the current pilot program is exempt from environmental review under the California Environmental Quality Act (CEQA) as it is considered a temporary use (CEQA Guidelines Section 15304(e)) and is serving as an experimental pilot/test project (CEQA Guidelines Section 15306)However, if the program is popular and the community wants to repeat it on a regular or more permanent basis (such as being an annual seasonal event), an environmental impact study will be required. Vice Mayor O'Brien inquired if there has been any feedback on the event from businesses. CM Goldman noted that most has been positive, and Ms. Kelleher concurred but noted side streets are concerned. Ms. Kelleher also noted that the DBID would like to survey its members after the third weekend for their feedback. CM Goldman requested that the City help draft any questions that the DBID distributes to merchants about the closure, to which Ms. Kelleher agreed. Discussion of Survey Results for Parklet Options for Broadway and Downtown Side Streets Mr. Walia mentioned the lack of space on many of the side streets for adequate social distancing. SCE Wong introduced several parklet concepts for the Downtown side streets (parklets are areas where parking spaces are blocked off from parking and traffic to allow for additional outdoor seating). These would need to be enclosed with water -filled barrels to provide adequate safety. PWD Murtuza noted that the barriers are longer -lasting than the street closure equipment and do not have to be taken down every weekend. Proposals were outlined for Primrose Road, Lorton Road, Park Road, and Howard Avenue. These were simply preliminary designs. CM Goldman noted that if a business does not want a parklet, then the space(s) in front of that business would not be blocked off. PWD Murtuza mentioned that businesses will need to apply for an encroachment permit and show proof of insurance to use the parklet. SCE Wong noted that approximately three angled spaces will be lost for each parklet, resulting in a loss of 63 out of 205 existing spaces and a monthly cost of $20-27,000, if all proposed parklets are created. The cost is related to the rental of the barriers. 2 City Council Economic Development Subcommittee — Minutes June 24, 2020 (DRAFT) Vice Mayor O'Brien wondered if restaurants could use parking spaces in front of adjacent retail parcels. PWD Murtuza noted there will be more costs and less parking, but it is possible provided the adjacent business agrees. He also mentioned that the parklet discussion will go to the full City Council on July 6, and implementation will vary depending on the number of restaurants interested and how many barricades must be ordered. He encouraged businesses to submit their proof of insurance and encroachment permit application as soon as possible if interested. Staff (Engineering Technicianss) will visit retaurants on the side streets to inquire if they are interested in participating. PWD Murtuza noted that costs do not consider loss of parking revenue. He also believed that if the City can do a concentrated effort to bring in all of the parklets at once, it will result in savings. SCE Wong presented several options for parklets on Broadway. These would use the same water - filled barriers and take up much of the available space for seating, allowing for fewer tables overall. He mentioned there are options to do block -long parklets for areas with concentrated restaurant activity (1300 and 1400 blocks). If all of the restaurants wanted to participate, then there would be a loss of 57 out of 79 parking spaces, at a cost of $20-30,000 per month at maximum utility. SCE Wong noted that a full closure is difficult due to nearby, narrow residential streets, one-way stops, and emergency vehicle and freeway access all near Broadway. Vice Mayor O'Brien noted that ambulances and large delivery trucks often use the street, and inquired if barriers would be necessary on both sides of the street. PWD Murtuza noted that the barriers proposed are cleared for construction -grade safety. He noted that smaller, block -long closures would be a concern as well due to impacts on outlying parking. Councilmember Ortiz noted that Broadway parklets would result in a major loss of parking. He hopes to ensure that restaurants are actually interested. SCE Wong also noted a federal grant the City received for resurfacing Broadway, which would necessitate stopping any parklet or closure activity for the duration of the resurfacing project. CM Goldman inquired when the construction is proposed, and PWD Murtuza speculated in mid -August or early September. John Kevranian (President of Broadway BID) noted that merchants are concerned about parklet safety and cited a lack of knowledge about the safety -graded barriers. He mentioned that merchants supported a weekend closure from 4-10 p.m., Friday through Sunday, but he wondered if re-education would be better to note the benefits of parklets. CM Goldman requested that SCE Wong participate in a call with the Broadway BID Board to explain the implementation. PWD Murtuza noted again the traffic impacts on residential areas in the case of a closure, and advocated for parklets again. Mr. Kevranian mentioned that the traffic has noticeably dipped during the pandemic, and traffic will have a lesser impact overall due to work -from -home conditions. Vice Mayor O'Brien did not support the weekend closure because of the traffic impact and setup implementation. Councilmember Ortiz noted that even the parklets concern him due to the massive loss of parking in an already impacted area, but he mentioned that he may support a closure for only 9 City Council Economic Development Subcommittee — Minutes June 24, 2020 (DRAFT) Saturday and Sunday if it is possible. CM Goldman inquired how the Pet Parade closure process works, and PWD Murtuza noted that staff is dispatched in the early morning to implement the closure. Vice Mayor O'Brien wondered if side street parklets are possible to implement, but SCE Wong noted that these are smaller and often do not allow as much space, though it is theoretically possible. CM Goldman noted that side streets are further away from restaurants as well, though restaurants on corners would benefit. Vice Mayor O'Brien mentioned that parklets on side streets could alleviate some of the major parking loss on Broadway. Councilmember Ortiz questioned which side streets would be closed. PWD Murtuza noted that Paloma Ave and Laguna Ave would have to stay open because of their one-way nature. CM Goldman requested another special meeting to resolve Broadway parklets on July 1. Future Agenda Topics To prepare for the City Council recess after the July 6 meeting, a Special Subcommittee Meeting will be called on July 1 to resolve the Broadway parklet discussion and review the Restarting Business Assistance Plan. Miscellaneous Discussion All discussion was related to the agenda items. Action Items SCE Wong will prepare a revised Broadway parklet report detailing plans for side street parklets or a Saturday and Sunday closure. He and EDS Sanfilippo will participate in a Zoom meeting with the Broadway BID to discuss these options. FUTURE AGENDA TOPICS • July 1, 2020- Examination of Parklet Options for Broadway and Review of Reopening Business Assistance Plan • July 8, 2020- Cancelled due to Council recess PUBLIC COMMENTS There were no public comments. ADJOURNMENT Meeting adjourned at 9:41 a.m. Respectfully submitted, rd City Council Economic Development Subcommittee — Minutes June 24, 2020 (DRAFT) Joseph Sanfilippo Economic Development Specialist CITY �'Ovown• ATTENDANCE City Council Economic Development Subcommittee MINUTES (DRAFT) Conference Room A City Hall, 501 Primrose Road — Burlingame, California Wednesday, July 1, 2020 — 8:30 a.m. Members Present: Vice Mayor Ann O'Brien Keighran, Councilmember Ricardo Ortiz Members Absent: None Staff Present: City Manager (CM) Lisa Goldman, Community Development Director (CDD) Kevin Gardiner, Economic Development Specialist (EDS) Joseph Sanfilippo, Public Works Director (PWD) Syed Murtuza, Senior Civil Engineer (SCE) Andy Wong, Streets, Storm Drains and Sewers Division Manager (SDSDM) Michael Heathcote, Deputy Director of Public Works Operations (DDPWO) Rob Mallick, Parks and Recreation Director (PRD) Margaret Glomstad Members of the Public Present: John Kevranian (President of Broadway Business Improvement District), Georgette Naylor (President of Burlingame Chamber of Commerce), Gigi's Boutique READ AND APPROVE MINUTES FROM JUNE 10 AND JUNE 24 MEETINGS Approved. DISCUSSION ITEMS Discussion of Parklet Options for Broadway Merchants SCE Wong introduced the topic. He summarized a call with the Broadway Business Improvement District (BID) that he and EDS Sanfilippo participated in. The Broadway BID Board and many merchants supported a full closure, as opposed to parklet options. SCE Wong described the street closure plan proposed by staff. It would close Broadway at Chula Vista Avenue, which would allow westbound traffic to detour at Chula Vista Avenue as well as at California Drive. Similarly, eastbound traffic would be closed off at Capuchino Avenue, which would provide an opportunity for detouring at both Capuchino Avenue and El Camino Real. Paloma Avenue and the northbound approach of Laguna Avenue would remain open to traffic for safe traffic circulation and to maintain access to residential properties and parking facilities. Laguna Avenue from Broadway to Rhinette Avenue would be closed to avoid any potential vehicular conflicts with southbound vehicles on Laguna Avenue as they approached Broadway. The street closure is proposed to extend from 8 a.m. on Saturday to 10 p.m. on Sunday. With any closure scenario there are concerns with impacts on surrounding residential areas. A closure on Friday is not recommended because of concerns it would conflict with commute traffic. John Kevranian (President of Broadway BID) said the BID continues to advocate for a closure from Friday to Sunday from 4 to 10 p.m. each day. The suggestion reflects restaurant demand being City Council Economic Development Subcommittee — Minutes July 1, 2020 (DRAFT) highest on Friday evenings, and wanting to allow deliveries and access to businesses during the daytime hours. For mask enforcement, he suggested displaying flyers on every parking meter, should the closure be adopted. Gigi's Boutique (Broadway merchant) also supported a full closure of Broadway to help restaurants and retail. She noted that residents near Broadway are supportive of the initiative, and complaints may not be as numerous as anticipated. Councilmember Ortiz inquired how the two Broadway merchants in attendance anticipate foot traffic to change in the event of a closure. Mr. Kevranian believed it will increase substantially, and he anticipated that merchants would support extending their hours. He claimed that delivery trucks are rare after 4 p.m. and on the weekends, and he suggested the side street loading for deliveries could still be possible. The Gigi's Boutique representative concurred with his statements. Vice Mayor O'Brien noted that the BID did not want parklets due to a loss of parking, but the full closure will necessitate a loss of all parking. Mr. Kevranian explained that the more permanent nature of parklets would damage the business of service businesses that rely on daytime foot traffic. He anticipated that parking for restaurants in the evenings would be specifically in the public lots. Councilmember Ortiz noted his observations in San Mateo, where parklets caused a major, permanent loss of parking but were not fully utilized by businesses. He supported a closure, but he is concerned about commute traffic on Fridays. He suggested piloting the closure only on Saturdays and Sundays to study the traffic impacts, with the potential for an extension. Vice Mayor O'Brien agreed that Saturdays and Sundays are preferable, because the program could always be expanded to include Fridays. CM Goldman noted the upcoming staff report for the Saturday/Sunday closure will go before the City Council on July 6. There is language in the staff report that allows the City to reverse the closure if a threshold of unique complaints is met and/or staff notices significant impacts on circulation, safety, etc. Mr. Kevranian reiterated the preference to try Friday closures because of the demand from restaurants. CM Goldman mentioned that this BID suggestion has been noted in the staff report for the full Council to deliberate. PWD Murtuza summarized the parklet initiative for side streets near Burlingame Avenue for restaurants. The vast majority have indicated interest. Staff will provide the restaurants with permit applications, insurance requirements, parklet designs, etc., should this be approved by the City Council on July 6. He noted that barriers are difficult to obtain due to high demand, but SDSDM Heathcote helped negotiate to receive them in time to implement parklets sooner rather than later. Parklets may take time to implement, but the Broadway closure will happen as soon as possible (assuming the Council votes in favor of both proposals). CM Goldman noted that parklets are also allowed to be removed at the City's discretion. K City Council Economic Development Subcommittee — Minutes July 1, 2020 (DRAFT) CM Goldman mentioned a recommendation in the staff report to extend the Burlingame Avenue closure, the Broadway closure, and the side street parklets through September if they are successful This provision has been devised to allow the extension of the programs during the summer Council recess and in order to gather data for an environmental review. Discussion of Restarting Business Assistance Program (RBAP) EDS Sanfilippo introduced the topic with a brief overview of the program funding amounts and application. CM Goldman noted that the language should amended such that businesses that received Burlingame Back in Business grants are not eligible for these funds. She advocated that the RBAP be placed as a consent item to alleviate pressure on the July 6 Council meeting, which was supported by both Subcommittee members. CM Goldman mentioned that more funds can be added to the program, should it prove successful. Vice Mayor O'Brien questioned the May 15, 2020 cutoff date to reimburse for improvements. CM Goldman explained that the May 15 date was based on a County health order allowing curbside pickup, as the first of many reopening phases. Vice Mayor O'Brien suggested language be included to allow businesses that purchased improvements prior to May 15 be reimbursed as well, as some may have been planning ahead for anticipated reopenings. This will be included in the final draft of the program. Future Agenda Topics These will be confirmed closer to the August 12 Subcommittee meeting, but Councilmember Ortiz suggested an update on the pilot street closures and parklet implementation. Vice Mayor O'Brien agreed, and also suggested speaking again with the hoteliers. Miscellaneous Discussion All discussion was related to the agenda items. Action Items • EDS Sanfilippo will make suggested changes to the RBAP and write a staff report for the Council meeting on July 6. FUTURE AGENDA TOPICS July 8, 2020- Cancelled due to Council recess August 12, 2020- TBD PUBLIC COMMENTS There were no public comments. 3 City Council Economic Development Subcommittee — Minutes July 1, 2020 (DRAFT) ADJOURNMENT Meeting adjourned at 9:12 a.m. Respectfully submitted, Joseph Sanfilippo Economic Development Specialist C! BiFRLINGAME STAFF REPORT AGENDA NO: 9b MEETING DATE: July 6, 2020 To: Honorable Mayor and City Council Date: July 6, 2020 From: Kevin Gardiner, Community Development Director — (650) 558-7253 Ruben Hurin, Planning Manager — (650) 558-7256 Kathleen Kane, City Attorney — (650) 558-7204 Subject: Public Hearing to Consider Proposed Amendments to 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 Dwelling 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 RECOMMENDATION Staff recommends that the City Council consider proposed amendments to the Burlingame Municipal Code regarding accessory dwelling units. In order to do so, the City Council should: 1. Receive the staff report and ask any questions of staff. 2. Request the City Clerk to read the title of the proposed ordinance. 3. By motion, waive further reading and introduce the proposed ordinance. 4. Conduct a public hearing on the proposed ordinance. 5. Following closure of the public hearing, discuss the proposed ordinance and provide any direction to staff; if no changes are requested, direct staff to bring it back for adoption and ask the City Clerk to publish a summary of the ordinance at least five days before proposed adoption. If Council so directs, the ordinance along with a resolution addressing compliance with the California Environmental Quality Act (CEQA) will be presented for adoption at the August 17, 2020 meeting. BACKGROUND In response to California's statewide and the Bay Area's regional housing shortages, the Governor signed into law a number of bills (AB 881, AB 68, and SB 13) to encourage the construction of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) by reducing the regulatory barriers commonly found in local zoning ordinances. The recently 1 Title 25 - Zoning Amendments for Accessory Dwelling Units July 6, 2020 adopted legislation defines the standards local jurisdictions can apply to ADUs and JADUs. Details of this legislation are contained in amended Government Code Sections 65852.2 and 65852.22 (see attached for reference). This legislation was signed into law in late 2019 and took effect on January 1, 2020. This State legislation supersedes the City's regulations for ADUs as currently outlined in Municipal Code Chapter 25.59 - Accessory Dwelling Units. The proposed changes are to bring the City of Burlingame's Accessory Dwelling Unit regulations into conformity with State law. At its meeting of February 24, 2020, the Planning Commission reviewed the proposed amendments to the Zoning Regulations and recommended that the City Council adopt the changes as proposed in the attached Draft Ordinance. On March 2, 2020, the City Council introduced the proposed ordinance to amend Chapter 25.59 (Zoning Regulations) of the Municipal Code and other related Municipal Code sections pertaining to Accessory Dwelling Units. After discussing the proposed amendments further, the Council continued action on the item, requesting that staff provide additional information and clarifications regarding allowable rooflines, permeable surfaces, and windows and skylights (see attached March 2, 2020 City Council meeting minutes). Staff provided responses and made the applicable changes to the proposed ordinance. On May 18, 2020, the City Council re -introduced the proposed ordinance. The Council accepted the adjustments to the proposed ordinance made by staff, but also expressed a concern regarding building ADUs that are less than 850 square feet as a way to circumvent the floor area ratio and lot coverage limits in order to gain additional space for use in the primary dwelling. The Council continued action on the item and asked staff to research whether it would be possible to monitor the use of ADUs to ensure that they are used for housing and not just an extension of the primary dwelling (see attached May 18, 2020 City Council meeting minutes). Following the May 18th Council meeting, Planning staff requested that the State Department of Housing and Community Development (HCD) review and comment on the Draft Ordinance. Staff also asked HCD to review the letter submitted by Californians for Homeownership, dated May 18, 2020 (attached). The following discussion and proposed ordinance address comments submitted by HCD and Californians for Homeownership. 1. Monitoring Use of ADUs Planning staff contacted HCD for guidance on this issue. HCD staff noted that the statute does not anticipate that cities would monitor the use of ADUs, and it doesn't provide any safeguards for this issue. While there may be pauses in the use of the ADU, and the use may change over time, it would continue to provide the opportunity for housing in various forms over its lifetime. For example, someone may build a new ADU to provide a residence to another household (plus benefit from the added income), then in the future may choose to have a child move back in, and then eventually elderly parents might move in. The separate nature of an ADU would allow this type of adaptation over time relatively easily, more so than a regular bedroom 2 Title 25 - Zoning Amendments for Accessory Dwelling Units July 6, 2020 addition. Furthermore, even if someone built an ADU today and used it as a recreation room instead, the next household would be able to use the ADU for housing purposes. 2. HCD Review of Draft Ordinance As noted above, Planning staff requested that HCD review the draft ordinance prior to bringing it back to the City Council for adoption. Planning staff had numerous discussions with HCD staff, and they were very responsive in offering their assistance. HCD staff noted that overall the draft ordinance does a good job at covering the more difficult portions of ADU statute. HCD staff offered the following comments on Burlingame's draft ordinance: a. Limiting ADUs to 50% of the living area of an existing single family dwelling only applies to new attached ADUs, not interior ADUs created from converting space within an existing primary dwelling (see Code Section 25.59.070 (c) (1)). New attached ADUs would be limited to 50% of the existing primary dwelling, with a maximum allowed size of 850 SF, or 1,000 SF for two or more bedrooms. HCD staff noted that conversion of space within an existing primary dwelling cannot be restricted. b. Cannot limit the number of kitchen facilities within an ADU. The intent of allowing one kitchen facility in the draft ordinance was to prevent someone from converting an ADU into two ADUs. However, HCD noted that the statute does not limit the number of kitchen facilities, and furthermore it is not used to define an ADU, noting that ADUs "...shall include permanent provisions for living, sleeping, eating, cooking, and sanitation...". If a complaint is received that there is more than one ADU created on a lot, it would be addressed through the City's Code Enforcement process. This limitation has been removed from Code Section 25.59.070. C. Cannot apply front setback requirements to an ADU that meets the following criteria as provided in the statute: 800 square foot maximum size, 16 foot maximum height and 4 foot side and rear setbacks (see Code Section 25.59.070 (e)). d. In multifamily structures, cannot prohibit conversion of spaces required as part of a condition of approval or zoning requirement (bike storage room, gym, etc.) as these are considered to be non -livable spaces. Conversion of non -livable spaces is permitted under the statute. Therefore, this restriction has been removed from Code Section 25.59.090. DISCUSSION The attached draft ordinance makes changes to Chapter 25.59 (Zoning Regulations) of the Municipal Code and other related Municipal Code sections pertaining to Accessory Dwelling Units to comply with State law. Jurisdictions are required to provide a copy of the changes to the Accessory Dwelling Unit regulations to the State Department of Housing and Community Development (HCD) for their review within 60 days of adoption (although as discussed above, HCD has already conducted a preliminary review of the draft ordinance). 3 Title 25 - Zoning Amendments for Accessory Dwelling Units July 6, 2020 Title 25 - Zoning Amendments for Accessory Dwelling Units July 6, 2020 Changes Mandated by State Law The key areas of change mandated by the State legislation include the following: 1. There is 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. 2. In addition to an ADU, a JADU (up to 500 SF in size and located within an existing or proposed single family dwelling) may be created on a single family zoned property. 3. The maximum allowed size for an ADU is 850 SF, or 1,000 SF for two or more bedrooms. 4. ADUs up to 800 SF in size are exempt from lot coverage and floor area regulations. For simplicity and to avoid confusion, staff has proposed that the lot coverage and floor area ratio exemption be applied to 850 SF ADUs to be consistent with the maximum allowed size. 5. 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 the rear 30% of the lot. However, this does reduce the rear setback requirement for an attached ADU from 15'-0" to 4'-0". 6. No replacement parking for the primary dwelling can be required if an existing detached or attached garage is converted to an ADU or JADU. 7. No parking is required for a JADU. 8. 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 percent 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 allowed. 9. Approval for a compliant ADU or JADU must be issued within 60 days of receiving a complete application. Additional Suggested Changes — Not Mandated by State Law In addition to amending Chapter 25.59 (Accessory Dwelling Units), there are several other Municipal Code sections that address accessory dwelling units that should be updated for consistency including: • Chapter 25.26 - R-1 District Regulations • Chapter 25.60 - Accessory Structure Regulations • Chapter 25.70 - Off -Street Parking Regulations 5 Title 25 - Zoning Amendments for Accessory Dwelling Units July 6, 2020 In order to work toward the spirit of having more ADUs approved to add to Burlingame's housing stock, there are several changes suggested by staff that are not required for compliance with State law but would be anticipated to facilitate the development of ADUs. In particular, Sections 25.60.010 (Conditional Use Permit Requirements for Accessory Structures) and 25.26.035 (Uses Allowed with a Special Permit) currently include a number of provisions that may serve to discourage ADUs. Therefore, staff recommends the following changes to these sections: a) Currently, C.S. 25.60.010 (i), requires a Conditional Use Permit for glazed openings (windows) in an accessory structure within 10 feet of the property line or any portion of a glazed opening higher than 10 feet above grade. This section limits the locations of windows and skylights in accessory structures. Per the previous discussions with the City Council, staff is suggesting that C.S. 25.60.010 (i) be amended to reflect the following: • Allow skylights on sloping roofs that face interior yards and flat roofs by right. Require approval of a Conditional Use Permit for skylights on sloped roofs facing side yards that are located within 10'-0" of property line and on sloping roofs facing rear property lines. The previously proposed draft ordinance allowed windows located 4'-0" or greater from property line by right, and a Conditional Use Permit for any windows located closer than that to the property line. Since the May 181h meeting, the Building Division clarified that in most cases no windows are allowed within 3'-0" of property line. Therefore, staff is suggesting that Code Sections 25.59.070(h) and 25.60.010(i) be adjusted to align with building code requirements as follows: • Allow windows located 3-0" or greater from property line by right. Require approval of a Conditional Use Permit for windows located within 3'-0" of property line on walls that are parallel with side and rear property lines. Staff would note that if a window is required by the Building and Fire Codes for egress in an unusual or unique circumstance, a Conditional Use Permit could not preclude the construction of an ADU, and therefore in those circumstances the window would need to be allowed. Discussion: This amendment would apply to ADUs, a detached garage, or any other permitted accessory structure. It has been the experience of staff that most properties contain existing fencing or vegetation that screen the view of and reduce any impacts from windows and skylights in accessory structures. Windows and skylights are standard features typically found in living areas, are required to comply with egress requirements (windows), and provide necessary natural light and ventilation, and therefore should not be restricted in terms of placement. The Planning and Code Enforcement Divisions have not received any complaints regarding placement of windows and skylights in accessory structures previously ON Title 25 - Zoning Amendments for Accessory Dwelling Units July 6, 2020 allowed near property lines. In the past, requests for Conditional Use Permits for windows and skylights have generally been granted. b) Removal of C.S. 25.26.035 (f), which requires a Special Permit for a direct exit from a basement to the exterior of the structure that is anything other than a light or window well. Discussion: This would apply to ADUs, JADUs, and for all single family dwellings. This change is necessary in order to be consistent with State law, which requires a separate exterior entrance for an ADU or JADU. This would encourage ADUs and JADUs in basements, which would reduce the visible mass and bulk above ground if a detached ADU were to be built as an alternative. This change would also apply to all single family dwellings in the R-1 zoning district, regardless if an ADU was being created. In the case of a single family dwelling, the exit would presumably be used less frequently than if it were for an ADU or JADU, so for consistency, staff recommends that this restriction also be removed altogether. c) Removal of C.S. 25.26.037, which prohibits bedrooms, bathtubs, and shower stalls in basements. This amendment was previously approved by the Planning Commission and City Council with adoption of ADU amendments in 2018 as a way to encourage ADUs in basements. However, due to an oversight, this section was not removed from the Municipal Code. There is no new language or revision being introduced; this is a code cleanup from a previous action. The attached Draft Ordinance sets forth text amendments to the City's existing Accessory Dwelling Unit regulations (Chapter 25.59) to ensure that the Burlingame Municipal Code is consistent with the new, recently adopted State regulations and to help clarify and improve various provisions of the accessory dwelling unit law to promote the development of accessory dwelling units and junior accessory dwelling units; as reflected in the edits to Title 25, Chapters 25.59, 25.60, 25.26 and 25.70. The Draft Ordinance is provided as an attachment to this report. Regulations to be added are underlined, and text to be deleted is indicated in strikeouts. FISCAL IMPACT None. Exhibits: • Draft Ordinance • Proposed CEQA Resolution • March 2 and May 18, 2020 City Council Minutes • Email submitted by Neel N. Mehta, dated March 8, 2020 • Letter submitted by Matthew Gelfand, Californians for Homeownership, dated May 18, 2020 • Revised Chapters - Clean Version 7 Title 25 - Zoning Amendments for Accessory Dwelling Units July 6, 2020 Government Code Sections 65852.2 and 65852.22 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BURLINGAME, AMENDING TITLE 25 (ZONING CODE) OF THE BURLINGAME MUNICIPAL CODE, CHAPTERS 25.59, 25.60, 25.26 AND 25.70 TO UPDATE EXISTING ACCESSORY DWELLING UNIT REGULATIONS TO BE CONSISTENT WITH RECENTLY ADOPTED AMENDMENTS TO CALIFORNIA GOVERNMENT CODE SECTIONS 65852.2 AND 65852.22 RELATED TO ACCESSORY DWELLING UNITS The City Council of the City of Burlingame ordains as follows: Division 1. Factual Background WHEREAS, on October 19, 2019, the State of California enacted legislation known as Assembly Bill 881, Assembly Bill 68, and Senate Bill 13, which, among other things, amended Sections 65852.2 and 65852.22 of the Government Code pertaining to accessory dwelling units and junior accessory dwelling units; and WHEREAS, the State of California has enacted legislation to encourage the construction of accessory dwelling units and junior accessory dwelling units in single family and multifamily residential zones, as further defined in this ordinance; and WHEREAS, the revisions to State Law became effective on January 1, 2020. Local jurisdictions are required to comply with the new requirements, which supersede local ordinances. The proposed zoning amendments would ensure that the Burlingame Municipal Code is consistent with the new recently adopted State regulations and help clarify and improve various provisions of the accessory dwelling unit law to promote the development of accessory dwelling units and junior accessory dwelling units; and WHEREAS, Government Codes Sections 65852.2 and 65852.22 require the City of Burlingame to adopt zoning regulations in compliance with State law provisions regarding accessory dwelling units and junior accessory dwelling units; and WHEREAS, the proposed amendments to the zoning code related to accessory dwelling units are Statutorily Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15282(h) which exempts the adoption of an ordinance regarding second units in a single-family or multifamily residential zone by a city or county to implement the provisions of Sections 65852.2 and 6582.22 of the Government Code as set forth in Section 21080.17 of the Public Resources Code; and WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on February 24, 2020, at which time it reviewed and considered the staff report and all other written materials and testimony presented and recommended to the City Council that it adopt amendments to Title 25 (Zoning Code) of the Burlingame Municipal Code to amend Chapters 25.59, 25.60, 25.26, and 25.70 to update existing accessory dwelling unit regulations 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. ORDINANCE NO. WHEREAS, said matters were heard by the City Council of the City of Burlingame on March 2, 2020, at which time it reviewed and considered the staff report and all other written materials and testimony presented at said hearing and continued action on the item for further discussions and additional information regarding allowable rooflines, permeable surfaces and windows and skylights. WHEREAS, said matters were heard by the City Council of the City of Burlingame on May 18, 2020, at which time it reviewed and considered the staff report and all other written materials and testimony presented at said hearing and continued action on the item for further discussions regarding the ability to monitor of the use within ADUs. WHEREAS, at its regular meeting of July 6, 2020 the Burlingame City Council introduced an ordinance amending Title 25 — (Zoning Code) of the Burlingame Municipal Code, Chapters 25.59, 25.60, 25.26 and 25.70 to update existing Accessory Dwelling Unit regulations to be consistent with recently adopted amendments to California Government Code Sections 65852.2 and 65852.22 along with additional zoning code changes to the above stated chapters to remove constraints to the creation of accessory dwelling units and junior accessory dwelling units. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME ORDAINS AS FOLLOWS: Division 2. The following code sections are amended, repealed or deleted as follows with underlining indicating new text and strikeouts (st�Ft) indicating deleted text. Section 1: Chapter 25.59 Accessory Dwelling Units, Section 25.59.010 Purpose, is amended as follows: Chapter 25.59 ACCESSORY DWELLING UNITS 25.59.010 Purpose. The purpose of this chapter is to regulate both existing and Re accessory dwelling units ADUs and junior accessory dwelling units (JADUs) in compliance with California Government Code Sections 65852.2 and 65852.22. (Galifernia (`_eyernment Cede SeGtieRS 65952.1 thre gh 658522�. This chapter is intended to implement the Housing Element of the Burlingame General Plan by providing for additional housing opportunities. This will be accomplished by increasing the number of units available within existing neighborhoods while maintaining the primarily single-family and multifamily residential character of the area, and establishing standards for the development and occupancy of accessory dwelling units and junior accessory dwelling units to ensure that they are compatible with neighboring uses and structures, adequately equipped with public utility services, safe for human occupancy, and do not create unreasonable traffic and safety impacts. In cases of conflict between this chapter and any other provision of this title, the provisions of this chapter shall prevail. To the extent that any provision of this chapter is in conflict with State law, the 2 ORDINANCE NO. licable provision of State law shall control. but all other Drovisions of this chaster shall remain in full force and effect. An accessory residential dwelling unit or junior accessory dwelling unit which conforms to the requirements of this chapter shall not be considered to exceed the allowable density for the lot upon which it is located and shall be deemed to be a residential use which is consistent with the existing General Plan and zoning designations for the lot. Section 2: Chapter 25.59 Accessory Dwelling Units, Section 25.59.015 Definitions, is added as follows: Chapter 25.59 ACCESSORY DWELLING UNITS 25.59.015 Definitions. The following terms shall have the following meanings for this chapter only and shall supersede the terms defined by Chapter 25.08 (Definitions): (a) "Accessory dwelling unit" or "ADU" means an attached or detached residential dwelling unit ancillary to a primary dwelling unit that provides complete independent living facilities for one (1) or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes an efficiency unit, as defined in Section 17958.1 of the Health and Safety Code, and a manufactured home, as defined in Section 18007 of the Health and Safety Code. This Chapter recognizes three types of accessory dwelling units as defined below. Where a proposed accessory dwelling unit does not clearly fall into one of the defined types, the Community Development Director shall make a determination Dursuant to Code Section 25.16.150. M "Attached accessory dwelling unit" means an accessory dwelling unit that is constructed as a Physical expansion (i.e., addition) of an existing primary dwelling unit, including construction of a new basement underneath a primary dwelling unit to accommodate an accessory dwelling unit. "Detached accessory dwelling unit" means an accessory dwelling unit that is constructed as a separate structure from the primary dwelling unit; or contained within the existing space of an accessory structure (as defined herein), including construction of a new basement underneath an accessory structure to accommodate an accessory dwelling unit. "Interior accessory dwelling unit" means an accessory dwelling unit that is contained within the existing space of a primary dwelling unit, including within its living area, basement, or attached garage; constructed as part of a proposed primary dwelling unit; or created from non -livable space of a multifamily dwelling. "Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot. 3 ORDINANCE NO. Lc) "Efficiency kitchen" means a kitchen that includes each of the followi M A sink and cooking facility with appliances (e.g., microwave, toaster oven or hot plate). A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit. "Junior accessory dwelling unit" or "JADU" means a residential dwelling unit that: M is no more than 500 square feet in size, M is contained entirely within an existing or proposed single family dwelling, includes its own separate sanitation facilities (bathroom containing a sink, toilet, and shower or tub), or may share sanitation facilities with the existing or proposed single family structure, and includes an efficiency kitchen, as defined in subsection (c) above. (e) "Living area" means the interior habitable floor area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. "Nonconforming zoning conditions" means a physical improvement on a property that does not conform with current zoning standards. Lq) "Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to the entrance of an accessory dwelling unit or junior accessory dwelling unit. "Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. "Tandem parking" means a parking configuration where two (2) or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. Section 3: Chapter 25.59 Accessory Dwelling Units, Section 25.59.020 Accessory dwelling unit permit procedure, is amended as follows: Chapter 25.59 ACCESSORY DWELLING UNITS 25.59.020 Applications and processing. ^^^^^c^r y dwelling unit permit procedure. (a) Applications for ADU and JADU permits S, Gh an aGGe66^^y dwelling unit per,,,;+ shall be in writing and filed with the Community Development Department GOMmunity development rdiron+nr on a form approved by the eCommunity dQevelopment dDirector. 4 ORDINANCE NO. (b) As established by council resolution, a fee will be charged for an application for an ADU or JADU aGGessery dwelling „ni+ permit under this chapter. All ADUs and JADUs are also subject to building permit fees. (c) Within sixty nne hi Rdred tWen+&0 4-28) days of receipt of a complete application, the Community Development Department staff GOMMURity dGVelOpMeRt diFeGt9 shall ministerially process for approval any application for an aGGessery dwelling , ini+ ADU or JADU permit pursuant to this chapter. Incomplete applications will be returned with an explanation of what additional information is required. Upon finding that the ADU or JADU meets the requirements of this chapter, perfe manGe standards ce+ the application proposal shall be approved ministerially without discretionary review or public hearing and the applicant may proceed to acquire a building permit. All ADUs and JADUs o^^essery , , are categorically exempt from CEQA pursuant to Sections 15301 and 15303 of the CEQA guidelines. If the onnlino+ien deep net meet all of the requirements of +hic •+hamrvmry the neUR.t i deyelenmen+ dmFen+er shall deny the applino+ien. , d) If an aoDlication for an attached ADU or JADU is submitted with an aoDlication for an addition to an existing single family dwelling or construction of a new single family dwelling that is subject to design review or other discretionary permit for the same parcel, the application for the ADU or JADU permit shall not be acted upon until the application for design review or other discretionary permit is approved. Following the approval for design review or other discretionary permit for the primary dwelling unit, the ADU or JADU application will be ministerially processed within 60 days of receipt of a complete application and approved if it meets the requirements of this chapter. (e) If the applicant requests a delay, the 60-day time period for approval shall be tolled for the period of the delay. Section 4: Chapter 25.59 Accessory Dwelling Units, Section 25.59.040 Revocation of accessory dwelling unit permit, is amended as follows: Chapter 25.59 ACCESSORY DWELLING UNITS 25.59.040 Revocation of permit aGGessery dwelling unit permit. (a) Grounds. An ADU or JADU ^^eCcen, dwelling „nit permit granted pursuant to this chapter may be revoked on any one or more of the following grounds: (1) Failure to comply with the requirements of this chapter;,The perfe maRGe sta Rdards ei t"Red in this nhon+er are net beingme+, or (2) The ADU or JADU o^^eooer., dwelling „nit is no longer used for residential purposes; or (3) The parking required by this chapter is no longer provided_-i-w 5 ORDINANCE NO. (b) Notice. Written notice to revoke an ADU or JADU aGGessery dwelling uni permit shall be served on the property owner, as shown on the last equalized assessment roll, either personally or by certified mail, and shall state: (1) The reasons for the proposed revocation. (2) That the proposed action will be taken by the Community Development Director.�"a„eGteF m rnmmi inity development unless a written request for a hearing before the P-planning Ceommission is requested within fifteen (15) days after the date of said notice. If no response is received, the Community Development Director d GtGF of Gemm„nity deyelepmen+ shall forthwith will revoke the ADU or JADU aGGessery dwelling Uni+ permit as set forth in the sa+4 notice. (c) Hearing. If a hearing is requested, at least ten (10) days' notice thereof shall be given to the requested party. At the aaysUGh hearing, the property owner may shall call witnesses and present evidence in his or her behalf. Upon conclusion of the saoh hearing, the P-planning Ceommission will determine whether or not the permit will shall be revoked. Such determination may be appealed to the city council in the same manner as for appeals taken on applications for the granting of conditional use permits or variances. Section 5: Chapter 25.59 Accessory Dwelling Units, Section 25.59.050 Variances prohibited, is repealed and deleted in its entirety. Section 6: Chapter 25.59 Accessory Dwelling Units, Section 25.59.055 Minimum standards for eligibility, is added as follows: Chapter 25.59 ACCESSORY DWELLING UNITS 25.59.055 Minimum standards for eligibility. (a) No minimum lot area is required for creation of an ADU or JADU. An ADU or JADU shall onlv be allowed on a parcel which has been leaallv created in compliance with the Subdivision Map Act and Title 26 (Subdivisions), and where the ADU or JADU is developed with an existing or proposed single family dwelling, except for ADUs constructed on multifamily residential properties pursuant to Section 25.59.090. (c) ADUs may only be permitted in districts zoned to allow single family dwelling or multifamily dwelling residential uses as a permitted use. ADUs are also permitted on any parcel that has a current and valid nonconforming single family or multifamily residential use, so long as the ADU complies with all other portions of this chapter. A ORDINANCE NO. (d) JADUs may only be permitted in districts zoned to allow a single family dwelling residential use as a permitted use. JADUs are also permitted on any parcel that has a current and valid nonconforming single family residential use, so long as the JADU complies with all other portions of this chapter. Section 7: Chapter 25.59 Accessory Dwelling Units, Section 25.59.060 Performance standards for accessory dwelling units, is repealed and replaced in its entirety with the following text: Chapter 25.59 ACCESSORY DWELLING UNITS 25.59.060 General requirements and restrictions. The following requirements and restrictions apply to all existing and new ADUs and JADUs, as applicable: (a) ADUs and JADUs shall comply with all applicable provisions of this title and all applicable building, health and fire codes. However, ADUs and JADUs shall not be required to provide fire sprinklers unless required for the primary single family dwelling or multifamily dwelling structure. (b) All development standards contained in the underlying zoning district, including Chapter 25.60, shall apply to ADUs and JADUs unless they are inconsistent with the provisions of this chapter, in which case the development standards of this chapter shall apply. (c) Accessory dwelling units. (1) ADUs may be rented separately from the single family dwelling or multifamily dwelling structure, but may not be sold or otherwise conveyed separately from the other dwellings on the lot, except as provided for by Government Code Section 65852.26. (2) ADUs may not be rented for fewer than 30 consecutive calendar days. (3 ADUs are not subject to any owner -occupancy requirement. (d) Junior accessory dwelling units. (1) JADUs may be rented separately from the single family dwelling, but may not be sold or otherwise conveyed separately from the single family dwelling on the lot. JADUs may not be rented for fewer than 30 consecutive calendar d (3) JADUs are subject to an owner -occupancy requirement. A person with legal or equitable title to the property shall reside on the property in either the primary dwelling or JADU as that person's legal domicile and permanent residence. However, the owner -occupancy requirement of this paragraph does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization. Prior to issuance of a building permit for a JADU, the owner shall record a covenant in a form prescribed by the city attorney, which shall run with the land and provide for the following: rl ORDINANCE NO. (i) A prohibition on the sale of the JADU separate from the sale of the single family dwelling; A restriction on the size and attributes of the JADU consistent with this section: (iii) A prohibition against renting the property for fewer than 30 consecutive calendar days; and (iv) A requirement that either the primary residence or the JADU unit be the owner's bona fide principal residence, unless the owner is a governmental agency, land trust, or housing organization. e) If an ADU or JADU which was created within a sinale familv dwellina. accessory structure or multifamily dwelling structure is required to be removed or is voluntarily removed, the kitchen facility shall be removed and the space shall be converted back to its original use. If an ADU was newly constructed, (1) the space or structure shall be entirely removed, or (2) the kitchen facility shall be removed and the space shall be converted to a permitted use allowed within the underlying zoning district, or (3) the kitchen facility shall be removed and the applicant shall obtain the appropriate land use permit for the proposed use within the space. Certificates of occuaancv. A certificate of occuaancv for an ADU shall not be issued before a certificate of occupancy is issued for the primary dwelling unit. (g) Deed restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder's office and a coav filed with the Communitv Develoament Department. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that: (1) The ADU or JADU shall not be sold separately from the primary dwelling. The ADU or JADU is restricted to the approved size and to other attributes allowed this Section_ (3) The deed restriction runs with the land and may be enforced against future property owners. (4) The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the City, providing evidence that the ADU or JADU has in fact been eliminated. The City may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the City's determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remainina structure and improvements must otherwise comDly with applicable rovisions of this Code. 51 ORDINANCE NO. (5) The deed restriction is enforceable by the Community Development Director or his or her designee for the benefit of the City. Failure of this property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an iniunction enioinina the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illeaal unit. Section 8: Chapter 25.59 Accessory Dwelling Units, Section 25.59.070 Development standards for accessory dwelling units, is added as follows: Chapter 25.59 ACCESSORY DWELLING UNITS 25.59.070 Development standards for accessory dwelling units. An ADU shall be constructed only in accordance with the following development standards. (a) Location and number. Only one (1) ADU shall be permitted per lot which contains an existing or proposed single family dwelling. ADUs may be located in any of the following: (1) Within the walls of an existing or proposed single family dwelling; (2) Attached to an existing or proposed single family dwelling; (3) Within an existing accessory structure; or 4) Detached from the sinale familv dwellina. but located on the same lot as the existina or proposed single family dwelling. (b) Minimum size. No ADU shall be smaller than the size required to allow an efficiency unit pursuant to Health and Safety Code Section 17958.1. (c) Maximum size. The maximum floor area for an ADU shall be 850 square feet or 1,000 square for two (2) or more bedrooms. (1) Notwithstanding subsection (c), if there is an existing primary dwelling, an attached ADU shall not exceed fifty percent (50%) of the living area of the existing primary dwelling. (2) If the ADU is created by converting space within an existing single family dwelling or accessory structure: (i) an expansion limited to 150 square foot beyond the physical dimensions of the existing single family dwelling or accessory structure is permitted strictly to accommodate ingress and egress to the ADU; this additional square footage shall be exempt from lot coverage and floor area ratio requirements. The side and rear setback requirements for the single family dwelling may be reduced to no less than four (4) feet to accommodate an exterior stair and landina that provide reauired access to the ADU if it is located on the second storv: and 9 ORDINANCE NO. (ii) the ADU must have side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes. (d) Floor area ratio and lot coverage. An ADU measuring no more than 850 square feet in size shall be exempt from floor area ratio and lot coverage requirements. An ADU greater than 850 square feet shall comply with the floor area ratio and lot coverage regulations as specified by the applicable zoning district. (e) Setbacks. An ADU (attached or detached) shall conform to the following setback standards: A setback of four (4) feet is reauired from the side and rear DroDerty lines: however. no setbacks shall be required under the following circumstances: (i) Existing livable space or an existing accessory structure that is converted, in whole or in part, to an ADU; The ADU is constructed in the same location and to the same dimensions as an existi structure that is demolished solelv for the Durpose of constructina the ADU: or (iii) Construction of a new detached ADU entirely located within the rear 30% of the lot. If any portion of the detached ADU is located forward of the rear 30% of the lot, it shall comply with the setback requirements of the applicable zoning district in which it is located; for detached ADUs that are no areater than 800 sauare feet and no taller than 16 feet. no more than four (4) foot side or rear setbacks shall be reauired. (2) There shall be a minimum four (4) foot separation between a detached ADU and any other structure on the lot, as measured between the exterior walls of the structures. Maximum heiaht and stories. Detached ADUs. (i) All detached ADUs shall be limited to one (1) story in height and shall not be constructed above detached garages or detached accessory structures except for accessory dwelling units created entirely within an existing legal two-story detached accessory structure. The maximum allowed buildina heiaht for a detached ADU is 16 feet. as measured from average adjacent grade to the top of the highest roof ridge, and shall comply with the maximum allowed plate height requirements in subsection (iii). (iii) The maximum allowed plate height is nine (9) feet, as measured from average adjacent rade to the toD of plate. For detached ADUs containina a sinale sIODe, one side of the structure shall 10 ORDINANCE NO. be allowed to have a plate height greater than nine (9) feet; the plate height of walls parallel with side and rear property lines shall not exceed nine (9) feet in height. For ADUs located within a designated flood zone, the maximum plate height shall be measured from finished floor. Attached ADUs. Attached ADUs may be constructed on the first or second floor of an existi or proposed single family dwelling and shall be subject to the height requirements of the applicable zoning district in which it is located. (q) Entrance. An ADU shall have a separate exterior entrance fromthemainentrancetothe existing or proposed single family dwelling. For an ADU located entirely on a second story, this shall require a separate interior or exterior stairway. The entrance to the ADU shall not face the same public street as the entrance to the single family dwelling, unless it is the only location determined to comply with applicable building and fire codes. A passageway from the ADU to a public street may be created, but is not required. (h) Windows and skylights. Windows and glazed openings on walls parallel with property lines shall be located at least three (3) feet from property line. Skylights shall be allowed on sloping roofs facing interior yards, on sloping roofs facing side yards as long as the skylight is located at least 10 feet from property line, and on flat roofs. The placement of windows and skylights in ADUs shall comply with all applicable building and fire codes. (i) Balconies/Decks. Balconies, second story decks, and rooftop terraces are prohibited for all ADUs. A preen roof shall not be considered a balcony, second story deck or rooftop terrace. Interior Connection. Attached and interior ADUs may. but are not be reauired. to contain an interior doorway connection between the single family dwelling and ADU. (k) Permanent Foundations. (1) All ADUs shall be permanently attached to a permanent foundation. A recreational vehicle. commercial coach. trailer. motor home. camper. camoina trailer. boat or similar vehicle shall not be used as an ADU. (1) Existing ADUs built before January 1, 1954. For existing ADUs built before January 1, 1954 the following additional criteria shall be met: The ADU shall conform to the reauirements of the California Health and Safetv Code Section 17920.3, and the Uniform Housing Code as adopted by Section 17922; (2) Improvements may be made to the ADU so long as it conforms to the requirements of this chapter and corrects any violation of Health and Safety Code Section 17920.3 and the Uniform Housing Code. 11 ORDINANCE NO. Section 9: Chapter 25.59 Accessory Dwelling Units, Section 25.59.080 Development standards for junior accessory dwelling units, is added as follows: Chapter 25.59 ACCESSORY DWELLING UNITS 25.59.080 Develoament standards for iunior accessory dwellina units. A junior accessory dwelling unit shall be constructed only in accordance with the following development standards: (a) Location. The JADU may only be located within the walls of an existing or proposed single family dwelling. The JADU must have side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes. (b) Number. Only one (1) JADU shall be permitted per lot which contains an existing or proposed single family dwelling. A JADU may be allowed in conjunction with one (1) detached ADU on the same lot as long as the ADU does not exceed 850 square feet. c) Minimum size. No JADU shall be smaller than the size reauired to allow an efficiencv unit rsuant to Health and Safetv Code Section 17958.1. (d) Maximum size. The JADU shall not exceed 500 square feet in area. An expansion limited to 150 square foot beyond the physical dimensions of the existing single family dwelling is permitted strictly to accommodate ingress and egress to the JADU; this additional square footage shall be exempt from lot coverage and floor area ratio requirements. The side and rear setback requirements for the sinale familv dwellina may be reduced to no less than four (4) feet to accommodate an exterior stair and landing that provide required access to the JADU if it is located on the second story. (e) Kitchen. The JADU shall contain an efficiency kitchen satisfying the following the criteria: Contains a sink and cookina facilitvwith aDDliances (e.a., microwave, toaster oven or hot (2) Contains a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU. (f) Bathroom. The JADU may have a separate bathroom, or may share a bathroom with the single family dwelling. The bathroom shall contain a sink, toilet, and shower or tub. If the bathroom is shared. there must be a connectina door between the JADU and the sinale family dwellina. (q) Entrance. The JADU shall have a separate exterior entrance from the main entrance to the existing or proposed single family dwelling. The entrance to the JADU shall not face the same public street as the entrance to the primary dwelling, unless it is the only location determined to comply with applicable building and fire codes. A passageway from the ADU to a public street may be created, but shall not be reauired. 12 ORDINANCE NO. (h) A JADU is not considered a separate or new dwelling for purposes of fire safety or life safety. Section 10: Chapter 25.59 Accessory Dwelling Units, Section 25.59.090 Accessory dwelling units on multifamily residential properties, is added as follows: Chapter 25.59 ACCESSORY DWELLING UNITS 25.59.090 Accessory dwelling units on multifamily residential properties. The following requirements and restrictions apply to creation of ADUs on multifamily residential properties. (a) For the purposes of this section, the term "multifamily dwelling structure" means two (2) or more residential units contained within one (1) or more buildings on the same lot. (b) Conversion. A minimum of one (1) and up to 25 percent of the existing dwelling units within a multifamily dwelling structure may be created within existing non -livable space(s), including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, provided that the dwellings comply with building and fire codes. An ADU shall not be created within any portion of the habitable area of an existing dwelling unit in a multifamily structure. When calculating the number of allowed ADUs based on the percentage of existing multifamily units, round down to the nearest integer. (c) New detached ADUs. In addition to ADUs allowed by subsection (b), up to two (2) new detached accessory dwelling units may be allowed provided that the height does not exceed 16 feet and that four (4) foot side and rear vard setbacks are maintained. These ADUs shall be subiect to the standards, requirements, and restrictions of this Chapter. (1) There shall be a minimum four (4) foot separation between a detached ADU and any other structure on the lot, as measured between the exterior walls of the structures. Section 11: Chapter 25.59 Accessory Dwelling Units, Section 25.59.100 Design, is added as follows: Chapter 25.59 ACCESSORY DWELLING UNITS 25.59.100 Design. The design of accessory dwelling units shall conform with the following standards: a) Attached and detached accessory dwellina units. The desian of attached and detached accessory dwelling units shall be compatible or complementary in appearance with the primary structure located on the property, including coordination of exterior building materials and other architectural elements. (b) Interior accessory dwelling units. Interior accessory dwelling units contained within the existing space of an attached garage shall include removal of garage doors which shall be replaced with architectural features the same as those of the orimary dwellina unit. includina the same wall 13 ORDINANCE NO. cladding, window type and trim that remove any appearance that the structure was originally a garage. This wall shall contain at least one (1) window that is consistent in size and type with other existing windows on the same building fagade. Section 12: Chapter 25.59 Accessory Dwelling Units, Section 25.59.110 Parking, is added as follows: Chapter 25.59 ACCESSORY DWELLING UNITS 25.59.110 Parking. (a) Unless otherwise provided in this section, one (1) off-street parking space shall be provided for the ADU in addition to the off-street parking spaces required for the single family dwelling or multifamily residential structure. All parking shall be provided on a hard, all-weather surface. (b) The parking space may be provided in setback areas or as tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions. (c) No parking shall be required for an ADU in any of the following instances: (1) The ADU is located within one-half mile walking distance of public transit. For the purposes of this section only, public transit is defined as a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. (2) The ADU is located within an architecturally and historically significant historic district. (3) The ADU is part of the proposed or existing primary residence or an existing accessory structure. 4) When on -street Darkina permits are reauired but not offered to the occuaant of the ADU. (5) When there is an established car share vehicle stop located within one block of the ADU. (d) No parking shall be required for a JADU and any parking displaced by its construction, including conversion of all or part of an existing attached garage, are not required to be replaced. (e) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced. 14 ORDINANCE NO. Section 13: Chapter 25.59 Accessory Dwelling Units, Section 25.59.120 Utilities and impact fees, is added as follows: Chapter 25.59 ACCESSORY DWELLING UNITS 25.59.120 — Utilities and impact fees. (a) No ADU or JADU shall be permitted if it is determined that there is not adequate water or sewer service to the property, as determined by the City. (b) Except as provided in subsection (c), an ADU may be required to have a new or separate utility connection, including a separate sewer lateral, between the ADU and the utility. A connection fee or capacity charge may be charged that is proportionate to the size in square feet of the ADU or its drainage fixture unit (DFU) values. Separate electric and water meters shall be required for the ADU. (c) The following ADUs shall be exempt from any requirement to install a new or separate utility connection and to pay any associated connection or capacity fees or charges: (1) Junior accessory dwelling units. (2) Standard ADUs converted from interior space, unless the unit is constructed within a new single-family home. (d) Impact Fees. No impact fees may be imposed on ADUs that are less than 750 sauare feet in size. For purposes of this section, "impact fees" include the fees specified in Sections 66000 and 66477 of the Government Code, but do not include utility connection fees or capacity charges. (2) For ADUs that have a floor area of 750 square feet or more, impact fees shall be charged Proportionately in relation to the square footage of the primary dwelling unit. Section 14: Chapter 25.59 Accessory Dwelling Units, Section 25.59.130 Delay of enforcement of building standards, is added as follows: Chapter 25.59 ACCESSORY DWELLING UNITS 25.59.130 — Delay of enforcement of building standards. a) Prior to January 1. 2030. the owner of an ADU that was built prior to adoption of the ordinance codified in this chapter, may submit a written request to the Chief Building Official requesting that correction of any violation of building standards be delayed for five (5) years. For purposes of this section, "building standards" refers to those standards enforced by local agencies under the authority of Section 17960 of the California Health and Safety Code. 15 ORDINANCE NO. (b) The Chief Building Official will grant the application if the Chief Building Official determines that enforcement of the building standard is not necessary to protect health and safety. In making this determination, the Chief Building Official will consult with the Fire Marshal. (c) No applications pursuant to this section shall be approved on or after January 1, 2030. However, any delay that was approved by the city before January 1, 2030, shall be valid for the full term of the delay that was approved at the time of the approval of the application. (d) Until January 1, 2030, any notice to correct a violation of building standard that is issued to the owner of an ADU built prior to adoption of the ordinance codified in this chapter, shall include a statement that the owner has a riaht to reauest a delav in enforcement of the buildina standard for an ADU pursuant to this section. Section 15: Chapter 25.60 Accessory Structures in R-1 and R-2 Districts, Section 25.60.010 Conditional use permit requirements, is amended as follows: Chapter 25.60 ACCESSORY STRUCTURES IN R-1 AND R-2 DISTRICTS 25.60.010 Conditional use permit requirements. Accessory structures in the R-1 or R-2 Districts shall be a conditional use requiring a conditional use permit if any of the following will exist: (a) Two (2) or more accessory structures, each having over one hundred twenty (120) square feet gross floor area, will exist on a single lot, except that there may be two (2) accessory structures if one is an accessory dwelling unit which complies with the provisions of Chapter 25.59 and obtains an accessory dwelling unit permit; (b) Any single accessory structure will exceed six hundred (600) square feet of gross floor area; except that an accessory structure containing an accessory dwelling unit which complies with the provisions of Chapter 25.59 and obtains an accessory dwelling unit permit may be up to coy hundred forty 40) 850 square feet or 1,000 square feet for two (2) or more bedrooms; (c) All accessory structures on a single lot will exceed a total of eight hundred (800) square feet gross floor area; except that an accessory structure containing an accessory dwelling unit which complies with the provisions of Chapter 25.59 and obtains an accessory dwelling unit permit may be up to 850 square feet or 1,000 square feet for two (2) or more bedrooms; (d) An accessory structure will occupy any portion of the lot in front of the main building; provided, where a dwelling has been erected on the rear sixty (60) percent of the lot prior to January 15, 1954, a garage may be erected in front of the main building, but not in any portion of the front setback; an accessory structure containing an accessory dwelling unit which complies with the provisions of Chapter 25.59 and obtains an accessory dwelling unit permit may be located in front of the main building: 16 ORDINANCE NO. (e) An accessory structure will be erected closer than four (4) feet to any other structure on the same lot, as measured between the exterior walls of the structures; (f) Accessory structures will cover more than fifty (50) percent of the rear thirty (30) percent of a lot; an accessory structure containing an accessory dwelling unit which complies with the provisions of Chapter 25.59 and obtains an accessory dwelling unit permit shall not be included in this calculation; (g) The plate line of the accessory structure will be more than nine (9) feet above grade at the closest point between the plate line and adjacent grade; except that an accessory structure containing an accessory dwelling unit with a shed (single slope) roof which complies with the provisions of Chapter 25.59 and obtains an accessory dwelling unit permit shall be allowed to have a plate height areater than 9 feet on one side of the structure: the plate heiaht of walls parallel with side and rear Property lines shall not exceed 9 feet in height; (h) The roof height of the accessory structure will exceed ten (10) feet above grade, except the height may be increased one foot for each foot of separation from an adjacent property line, up to a maximum height of feurteen ifteen (4415) feet, provided: maximum height shall he fey F (4) foot abode the plate limo e (-3)MThe roof height of an accessory structure may have a maximum height of fifteen (15) feet above grade when the roof is pitched from ridge to plate on at least two (2) sides, and the ridge is no closer than five (5) feet to a side property line, and the rear plate line does not exceed nine (9) feet above the natural grade,; except that an accessory structure containing an accessory dwelling unit which complies with the provisions of Chapter 25.59 and obtains an accessory dwelling unit permit may be up to sixteen (16) feet above grade; and {4}(2)No portion of the space within any accessory structure between the top of plate and the lowest portion of the roof structure including any dormer shall exceed seven (7) feet in height; this subsection shall not apply to an accessory dwelling unit which complies with the provisions of Chapter 25.59 and obtains an accessory dwelling unit permit; (i) Windows and glazed Glazed openings of the accessory structure on walls parallel with Property lines `"'ilk that are located within teR (10) three 3 feet of the property line; or aRY PGFtiGR Of a glazed opening will he higher then ten (10) feet abe„e grade' skylights on sloping roofs facing side vards located within ten (10) feet of Drooerty line or skvliahts on slooina roofs facina the rear Drooerty line; Q) Water or sewer connections to the accessory structure will exceed building code minimums or the accessory structure will contain any shower, bath or toilet, except that -for an accessory 17 ORDINANCE NO. structure containing an accessory dwelling unit which complies with the provisions of Chapter 25.59 and obtains an accessory dwelling unit permit; (k)_ The accessory structure will enclose mechanical equipment, excluding air conditioning equipment, which is designed to operate on a regular or continuous basis, which may be objectionable because of loudness, hours of operation, odor or other reason, and which is to be located less than twenty (20) feet from any structure for habitation, or less than ten (10) feet from any property line; provided such shall be allowed without a special permit if the building official approves the structureas adequately sound insulated; (1) - Storage of household goods, tools or equipment in the accessory structure will exceed ten (10) percent of the gross floor area of the main dwelling structure; (m)_ Any portion of the accessory structure will be used for accessory living quarters, recreation purposes or for use in a home occupation; except for an accessory structure containing an accessory dwelling unit which complies with the provisions of Chapter 25.59 and obtains an accessory dwelling unit permit does not require a conditional use permit; (n) The accessory structure will be a greenhouse, trellis, lanai, patio shelter or similar structure exceeding one hundred twenty (120) square feet of gross floor area. Section 16: Chapter 25.26 R-1 District Regulations, Section 25.26.035 Uses allowed with a special permit, is amended as follows: Chapter 25.26 R-1 DISTRICT REGULATIONS 25.26.035 Uses allowed with a special permit. The following are uses allowed in the district with a special permit: (a) Attached garages for single-family dwelling units; (b) Reduction in the number of parking spaces existing on site; except where the on -site parking requirement is met per Chapter 25.70 for the existing units on -site and the reduction in the number of parking spaces is for the purpose of creating an accessory dwelling unit which complies with the provisions of Chapter 25.59; (c) Construction exceeding the limits of the declining height envelope; (d) An accessory structure detaGhed garage exempt from setback restrictions located within the rear forty (40) percent of the lot,, except for an accessory structure containing an accessory dwelling unit which complies with the provisions of Chapter 25.59 and obtains an accessory dwelling unit permit; m ORDINANCE NO. (e) An accessory structure that is in the rear of the lot and that is more than twenty-eight (28) feet in width or depth, except that for an accessory structure containing an accessory dwelling unit which complies with the provisions of Chapter 25.59 and obtains an accessory dwelling unit permit. Section 17: Chapter 25.26 R-1 District Regulations, Section 25.26.037 Prohibited uses, is repealed and deleted in its entirety. Section 18: Chapter 25.70 Off -Street Parking, Section 25.70.010 Vehicle parking spaces to be provided, is amended as follows: Chapter 25.70 OFF-STREET PARKING 25.70.010 Vehicle parking spaces to be provided. (a) Parking Required. At the time of erection of any building or structure, or at the time any building or structure is enlarged or increased in capacity, there shall be provided off-street parking spaces with adequate and proper provision for ingress and egress by standard size automobiles. (b) Parking with Remodel or Reconstruction. When any building is remodeled, reconstructed or changed in use by the addition of dwelling units, gross floor area, seating capacity, change in type of use or intensified use, such additional garage or parking facilities as may be required must be provided, except for accessory dwelling units and junior accessory dwelling units approved per Chapter 25.59. (c) Minimum Requirements. The regulations which follow are the minimum requirements unless specific requirements are made for a particular use in a district. Additional spaces may be provided. Unless otherwise expressly permitted by a section of this chapter, parking required by this chapter is to be provided on the same lot as the use for which the parking is required. Section 19: Chapter 25.70 Off -Street Parking, Section 25.70.030 Requirements for single-family dwellings, is amended as follows: Chapter 25.70 OFF-STREET PARKING 25.70.030 Requirements for single-family dwellings. The following are parking requirements for single-family dwellings. 19 ORDINANCE NO. (a) Parking Space Requirements. Each single-family dwelling shall provide off-street parking spaces for at least two (2) vehicles, one of which must be covered by a garage or carport. The following further requirements apply to certain additions and to new single-family dwellings: (1) An existing single-family dwelling increased in size to three (3) or four (4) bedrooms and a new single-family dwelling with up to four (4) bedrooms shall provide off-street parking spaces to current code dimensions for at least two (2) vehicles, one of which must be covered by a garage or carport; (2) A single-family dwelling hereafter increased in size to five (5) or more bedrooms and a new single-family dwelling with five (5) or more bedrooms shall provide off-street parking to current code dimensions for at least three (3) vehicles, two (2) of which must be covered by a garage or carport; (3) For the purposes of subsections (a)(1) and (2) of this section, an existing garage not less than eighteen (18) feet wide and tWeRt 07eighteen (18) feet deep interior dimension shall be considered to provide two (2) covered off-street parking places; (54) Bedrooms that are within accessory dwelling units or junior accessory dwelling units shall not be counted toward the overall number of bedrooms for the primary single-family dwelling on the lot on which it is located; parking for accessory dwelling units shall comply with Sect+en the provisions of Chapter 25.59.060(g). (b) Parking Aisles and Driveways. Covered parking spaces shall have a twenty-four (24) foot back-up area or be designed to be entered or exited in no more than three (3) maneuvers. All spaces must allow entry in three (3) maneuvers in the forward direction. (c) Parking Limitations. (1) A vehicle shall not be parked between a structure and the front or side property line except in a garage, driveway or other approved parking; except for parking for an accessory dwelling unit which complies with the provisions of Chapter 25.59; (2) Inoperative vehicles, vehicle parts, boats and campers (as defined by Section 243 of the Vehicle Code) shall not be stored or parked in driveways or between a structure and front or side property line; (3) Required covered parking shall not be provided in tandem configuration; except for an accessory dwelling unit which complies with the provisions of Chapter 25.59; (4) For an addition to an existing single-family dwelling and for accessory dwelling units, required uncovered spaces may be provided in tandem configuration and may extend: 20 ORDINANCE NO. (A) In areas with sidewalks, to the inner edge of the sidewalk, (B) In areas without sidewalks to five (5) feet from the inner edge of the curb, (C) In areas without either sidewalks or curbs, to five (5) feet from the edge of pavement. Section 20: Chapter 25.70 Off -Street Parking, Section 25.70.032 Requirements for duplexes, apartment hotels and condominium, is amended as follows: Chapter 25.70 OFF-STREET PARKING 25.70.032 Requirements for duplexes, apartment hotels and condominium. (a) Except as specified below for properties within certain portions of downtown Burlingame as identified in Figure 3-4 of the Burlingame Downtown Specific Plan, the following are parking requirements for duplexes, apartments, apartment hotels and condominiums: (1) There shall be at least one and one-half (1 1/2) permanently maintained parking spaces on the same lot with the building for each studio or one -bedroom dwelling unit in the building. (2) For each dwelling unit containing two (2) bedrooms, or two (2) potential bedrooms, there shall be provided at least two (2) parking spaces. (3) For each dwelling unit containing three (3) or more bedrooms, there shall be provided at least two and one-half (2 1/2) parking spaces. (b) For properties within the area identified in Figure 3-4 of the Burlingame Downtown Specific Plan, the following are parking requirements for duplexes, apartments, apartment hotels and condominiums: (1) There shall be at least one permanently maintained parking space on the same lot with the building for each studio or one -bedroom dwelling unit in the building. (2) For each dwelling unit containing two (2) bedrooms, or two (2) potential bedrooms, there shall be provided at least one and one-half (1 1/2) permanently maintained parking spaces. (3) For each dwelling unit containing three (3) or more bedrooms, there shall be provided at least two (2) permanently maintained parking spaces. (c) Accessory dwelling units. Where accessory dwelling units are allowed in compliance with Chapter 25.59, parking shall be provided with the provisions of Chapter 25.59. (Ed) Eighty (80) percent of the total required parking spaces shall be covered or within a garage or carport. Parking spaces shall not be situated in the front or side setback areas. A vehicle shall not be 21 ORDINANCE NO. parked between a structure and the front or side property lines except in a garage, driveway or other approved parking. (de) Inoperative vehicles, vehicles, vehicle parts, boats and campers (as defined by Section 243 of the Vehicle Code) shall not be stored or parked in driveways or between a structure and front or side property lines. Division 3: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. Division 4: This Ordinance shall be published in a newspaper of general circulation in accordance with California Government Code Section 36933, published, and circulated in the City of Burlingame, and shall be in full force and effect thirty (30) days after its final passage. Emily Beach, Mayor I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame, certify that the foregoing ordinance was introduced at a public hearing at a regular meeting of the City Council held on the 6th day of July, 2020, and adopted thereafter at a regular meeting of the City Council held on the day of 2020, by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: Meaghan Hassel -Shearer, City Clerk 22 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME FINDING THAT ADOPTION OF AMENDMENTS TO TITLE 25 (ZONING CODE) OF THE BURLINGAME MUNICIPAL CODE, CHAPTERS 25.59, 25.60, 25.26 AND 25.70 TO UPDATE EXISTING ACCESSORY DWELLING UNIT REGULATIONS TO BE CONSISTENT WITH RECENTLY ADOPTED AMENDMENTS TO CALIFORNIA GOVERNMENT CODE SECTIONS 65852.2 AND 65852.22 RELATED TO ACCESSORY DWELLING UNITS, IS STATUTORILY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15282 (H) WHICH EXEMPTS THE ADOPTION OF AN ORDINANCE REGARDING SECOND UNITS IN A SINGLE-FAMILY OR MULTIFAMILY RESIDENTIAL ZONE BY A CITY OR COUNTY TO IMPLEMENT THE PROVISIONS OF SECTIONS 65852.1 AND 6582.2 OF THE GOVERNMENT CODE AS SET FORTH IN SECTION 21080.17 OF THE PUBLIC RESOURCES CODE. THE CITY COUNCIL OF THE CITY OF BURLINGAME finds as follows: Section 1. On October 19, 2019, the State of California enacted legislation known as Assembly Bill 881, Assembly Bill 68, and Senate Bill 13, which, among other things, amended Sections 65852.2 and 65852.22 of the Government Code pertaining to accessory dwelling units and junior accessory dwelling units. Section 2. The State of California has enacted legislation to encourage the construction of accessory dwelling units and junior accessory dwelling units in single family and multifamily residential zones, as further defined in this ordinance. Section 3. The revisions to State Law became effective on January 1, 2020. Local jurisdictions are required to comply with the new requirements, which supersede local ordinances. The proposed zoning amendments would ensure that the Burlingame Municipal Code is consistent with the new recently adopted State regulations and to help clarify and improve various provisions of the accessory dwelling unit law to promote the development of accessory dwelling units and junior accessory dwelling units. Section 4. Government Codes Sections 65852.2 and 65852.22 require the City of Burlingame to adopt zoning regulations in compliance with State law provisions regarding accessory dwelling units and junior accessory dwelling units. Section 5. At a duly noticed public hearing was held on July 6, 2020, the City Council introduced an ordinance amending Title 25 — (Zoning Code) of the Burlingame Municipal Code, Chapters 25.59, 25.60, 25.26, and 25.70 to update existing Accessory Dwelling Unit regulations to be consistent with recently adopted amendments to California Government Code Sections 65852.2 and 65852.22 related to accessory dwelling units. RESOLUTION NO. Section 4. The proposed amendments to the zoning code related to accessory dwelling units are Statutorily Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15282(h) which exempts the adoption of an ordinance regarding second units in a single-family or multifamily residential zone by a city or county to implement the provisions of Sections 65852.1 and 6582.2 of the Government Code as set forth in Section 21080.17 of the Public Resources Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BURLINGAME THAT adoption of the amendments to Title 25 (Zoning Code) of the Burlingame Municipal Code, Chapters 25.59, 25.60, 25.26, and 25.70 to update existing Accessory Dwelling Unit regulations to be consistent with recently adopted amendments to California Government Code Sections 65852.2 and 65852.22 related to accessory dwelling units is Statutorily Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15282(h) which exempts the adoption of an ordinance regarding second units in a single-family or multifamily residential zone by a city or county to implement the provisions of Sections 65852.1 and 6582.2 of the Government Code as set forth in Section 21080.17 of the Public Resources Code. Emily Beach, Mayor I, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, certify that the foregoing resolution was adopted at a regular meeting of the City Council held on the 17th day of August, 2020 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: pa Meaghan Hassel -Shearer, City Clerk Page 7 • "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. " 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 34, 2049 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 4 Burlingame City Council March 2, 2020 Approved Minutes 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 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. 5 Burlingame City Council March 2, 2020 Approved Minutes 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. 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. 6 Burlingame City Council March 2, 2020 Approved Minutes 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. 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 7 Burlingame City Council March 2, 2020 Approved Minutes 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. 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 8 Burlingame City Council March 2, 2020 Approved Minutes 3. Windows and skylights on ADUs 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 Approved Minutes 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 Approved Minutes b. ADOPTION OF A RESOLUTION APPROVING THE TENTATIVE AND FINAL PARCEL MAP (PM 20-02), LOT SPLIT OF BURLINGAME MAP NO. 1 SUBDIVISION, LOT 17, BLOCK 7, POLO FIELD SUBDIVISION, AND LOTS 14, 15, 16, AND A PORTION OF LOT 8, BLOCK 7, TOWN OF BURLINGAME SUBDIVISION AT 135 LORTON AVENUE DPW Murtuza requested Council adopt Resolution Number 058-2020. 9. PUBLIC HEARINGS a. PUBLIC HEARING TO RENEW THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE DOWNTOWN BURLINGAME AVENUE STREETSCAPE IMPROVEMENTS PROJECT FOR FISCAL YEAR 2020-21 DPW Murtuza stated that this is a procedural public hearing for the renewal and collection of assessments for the Downtown Burlingame Avenue streetscape improvements that the Council approved in 2012. He noted that the Council is required to approve the assessments every year. He added that there have been no changes in the assessments. Mayor Beach opened the public hearing. No one spoke. Vice Mayor O'Brien Keighran made a motion to adopt Resolution Number 059-2020; seconded by Councilmember Colson. The motion passed unanimously by roll call vote, 5-0. b. 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 DWELLING 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 California's statewide and the Bay Area's 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"). The State laws reduce the regulatory barriers commonly found in local zoning ordinances. Additionally, the State legislation supersedes the City's regulations for ADUs. Planning Manager Hurin explained that on March 2, 2020, the Council reviewed a proposed ordinance to amend Chapter 25.59 of the Municipal Code and other related Municipal Code sections pertaining to ADUs. After further discussion, the Council continued action on the item, and requested that staff provide additional information and clarifications on: (1) roof configuration and height of detached ADU, (2) windows and skylights, (3) permeable surface and trees, (4) solar panels, (5) ADUs, JADUs, and the Regional Housing Needs Allocation ("RHNA"). Burlingame City Council May 18, 2020 Approved Minutes Planning Manager Hurin reviewed the different types of ADUs including detached, attached, converted garages, or conversions/interior. He noted that a maximum of two detached ADUs may be added to a lot containing a multi -family structure. He added that JADUs are only permitted within the walls of a single- family dwelling. Planning Manager Hurin stated that in addition to allowing double pitched roofs, the Council expressed a desire to allow shed roof and flat roof designs on detached ADUs. He explained that some members of the Council felt that these types of roofs could be more sensitive to neighbors in some situations and that flat roofs offer additional benefits such as allowing for green roofs and solar panels. He stated that the language was revised to clarify that green roofs are permitted. Planning Manager Hurin stated that because there is an eclectic mix of architecture throughout Burlingame, shed and flat roofs would allow ADUs to be compatible with mid-century, new modern/contemporary, and Spanish style homes. He added that many homeowners prefer the simplicity of an ADU with a flat or shed roof, even though it may differ from the design of their existing home. He stated that the revisions to the proposed ordinance would permit detached ADUs to have double -pitched, hip, shed (single slope), or flat roofs and would not require that the same roof configuration or pitch be used to match the main dwelling. Planning Manager Hurin reviewed ADU plate height. He stated that in most cases, the maximum plate height would not be allowed to exceed nine feet. However, the exception would be ADUs with shed roofs, which would specify that the plate height on the lower side of the structure cannot exceed nine feet above adjacent grade, while the taller side of the structure can be up to 16 feet tall. He explained that to avoid a 16- foot wall along the side or rear property line, the maximum plate height allowed on walls parallel with side and rear property lines is nine feet. Planning Manager Hurin reviewed staff s recommendations for windows and skylights for ADUs and JADUs. He explained that Council noted concerns about skylights on sloping roofs facing a neighbor's property and windows abutting side and rear property lines. He stated that windows and skylights are standard features typically found in living areas, are necessary to comply with egress requirements, and provide natural light and ventilation. He noted that windows and skylights would be required to comply with the applicable Building and Fire codes, which means that in most cases, no openings would be allowed within four to five feet of the property line. Planning Manager Hurin stated that to address the Council's concerns and allow for the ability to provide flexibility in the design of living spaces, staff suggests the following changes to the proposed ordinance: • Require a CUP for skylights on sloped roofs facing side yards that are located within ten feet of the property line and on roofs facing rear property lines • Require a CUP for windows located within four feet of the property line on walls that are parallel with side and rear property lines Planning Manager Hurin noted that staff received a letter from Matthew Gelfand of Californians for Homeownership expressing concerns with certain sections of the draft ordinance. He stated that staff hasn't had the opportunity to review the letter in detail but would before the proposed ordinance comes back for adoption. 4 Burlingame City Council May 18, 2020 Approved Minutes Councilmember Ortiz asked if he was correct that a skylight wouldn't be allowed on the slope of a roof that goes towards the neighbor's property line. Planning Manager Hurin stated that the applicant would have to apply for a conditional use permit. Vice Mayor O'Brien Keighran asked if it is 800 or 850 square feet that is exempt from FAR. Planning Manager Hurin stated that staff is proposing that 850 square feet be exempt. Vice Mayor O'Brien Keighran asked if it exceeds 850 square feet, is it just what exceeds that is added to the FAR, or is it the whole ADU. Planning Manager Hurin stated that the whole ADU would be added to FAR. Vice Mayor O'Brien Keighran asked if it is possible to incorporate that if you have a window that is facing someone's rear yard, the window must be obscure. Planning Manager Hurin stated that this would be difficult to do. Vice Mayor O'Brien Keighran stated that the purpose of ADUs is to create affordable housing. She asked how the City will ensure that an ADU is used for housing and not as a way around the FAR limits. Planning Manager Hurin stated that State law doesn't provide any safeguards for this issue. He noted that staff sees the ADU as a flex space and will encourage owners to use it as affordable housing. However, it is hard to monitor this situation. Vice Mayor O'Brien Keighran asked if the City could require that the ADU be registered so that the City can monitor the space. She noted that she didn't want people to take advantage of the ordinance in order to get around the FAR limits. Planning Manager Hurin stated that at the final inspection, staff makes sure that there is a kitchen facility and that it is properly built as an ADU. City Attorney Kane stated that staff would look into this concern. Mayor Beach asked the City Clerk to read the title of the ordinance. City Clerk Hassel -Shearer read the title of the ordinance. Councilmember Brownrigg made a motion to waive further reading and introduce the proposed ordinance; seconded by Councilmember Ortiz. The motion passed unanimously by roll call vote, 5-0. Mayor Beach opened the public hearing. Jennifer Pfaff voiced her concern about permeable surfaces and trees in relation to ADU projects. She asked that the proposed ordinance state that the Urban Reforestation and Tree Protection ordinance applies. (comment submitted via publiccomment&burlin ag me.org). Planning Manager Hurin stated that staff has a set of ADU guidelines that they have put out for the public. He explained that the City will include the requirement that it needs to comply with the Urban Reforestation and Tree Protection ordinance. He added that as the ADU goes through the building process, the City's Parks Division will review the plan. City Attorney Kane stated that she would recommend against specifically calling out the Urban Reforestation and Tree Protection ordinance in the proposed ADU ordinance. She explained that all of the 5 Burlingame City Council May 18, 2020 Approved Minutes City's ordinances apply, and therefore if the City singles out one ordinance, it might look as if the others don't apply. Mayor Beach closed the public hearing. Councilmember Brownrigg thanked staff for incorporating Council's concerns into the proposed ordinance. He stated that Ms. Pfaff s point is well made, and that the City doesn't currently regulate subterranean excavation. He explained that the City should consider banning excavation within the side and potentially rear setback. Councilmember Brownrigg stated that the State is determined to take away any of the City's ability to create an urban forest and open space on lots. He noted that the State assigns low value to yards and space. The City has been playing catch up on State regulations, and therefore he thought the City should rethink how it wants to consider its single-family neighborhoods. He suggested potentially allowing duplexes and triplexes that allow for space and thereby get ahead of the State's regulations. Councilmember Ortiz thanked staff for the proposed ordinance and believed it was workable. Councilmember Colson voiced her appreciation to the Mehtas for their concerns about how the original ADU ordinance wouldn't work for their Eichler house. (email attached to staff report). She noted that she was thankful for their perspective. Mayor Beach asked the City Clerk to publish notice of the proposed ordinance and for it to be brought back at the next Council meeting on June 1, 2020. c. CONSIDERAITON OF AN URGENCY ORDINANCE SUSPENDING CURRENT PENALITIES AND ASSESSMENTS FOR THE TOURISM BUSINESS IMPROVEMENT DISTRICT AND ADOPTION OF A RESOLUTION SETTING A PUBLIC HEARING TO MODIFY THE 2020 DISTRICT ASSESSMENTS IN RESPONSE TO THE COVID-19 PUBLIC HEALTH EMERGENCY City Manager Goldman stated that staff has been talking to the San Mateo County/Silicon Valley Convention and Visitors Bureau President John Hutar about the challenges that the hotels are facing as a result of COVID-19. She explained that the hotels have asked for a change in the way that the assessments are collected. She stated that the City serves as the agent for the Tourism Business Improvement District ("TBID") and brings to Council the proposed assessments each year. City Manager Goldman stated that TBID has asked that the assessment process be changed. She explained that TBID proposes the following: • Quarter One — No changes • Quarter Two — Assessment suspended for all hotel partners • Quarter Three — Assessment reduced by 50% • Quarter Four — Assessment reduced by 50% 6 Burlingame City Council May 18, 2020 Approved Minutes CD/PLG-Ruben Hurin From: Neel N. Mehta Sent: Sunday, March 8, 2020 10:29 AM To: COUNCIL -Emily Beach; COUNCIL -Ann Keighran; COUNCIL -Michael Brownrigg; COUNCIL -Donna Colson; COUNCIL -Ricardo Ortiz; MGR-Lisa Goldman; CD/PLG-Kevin Gardiner, CD/PLG-Ruben Hurin; kkane@burlingame.com Cc: Shreya Shah Subject: Follow up on 3/2/20 City Council Meeting Dear Planning and Community Development Directors, City Manager, City Attorney and City Council Members, I am a Burlingame resident who attended the City Council meeting on 3/2/20 and appreciate the public comment period on the newly proposed ADU laws. As an owner of one of Burlingame's Eichlers in the Mills Estate neighborhood, I wanted to provide follow-up concerns and suggestions on the discussion: 1. I recommend against requiring two pitches on an ADU roof, which was the initial suggestion in yesterday's meeting. As you know, there are a great many housing styles in Burlingame and requiring a dual -pitch on an ADU on our style of house would be in stark contrast to the low -slow roof and deep eaves that Eichler architecture is known for. As brought up during both staff and public comments at Monday's Council meeting, as a homeowner, I would like to see the ADU regulations be flexible enough to allow us to build complimentary to our home's architecture, instead of being prescribed a style that contrasts with it. 2. For sustainability considerations, a single slope is more advantageous for solar panels. And as Councilwoman Colson and the Architect raised, better for green roofs, too. 3. For good neighbor considerations, there is an advantage to having a single -slope on downside hill properties like mine. We can use the slope to our advantage in NOT obstructing our neighbor's views. A dual -pitched roof would be much harder to blend into the hillside setting in our instance. 4. 1 suggest there be further consideration of how to interpret the State's 16' height limit. I don't want a proliferation of 16' flat roof boxes either, but it seems like there should be a middle ground between what is proposed (9' top plate and requiring 2 slopes), and the big box effect. It may make sense to adapt regulations similar to San Mateo's. In that city, just one pitch is allowed and the 16height applies to the top of the roof. You could still prevent the "big tall box" effect by setting the main level top plate to 9', perhaps to just one end of the structure or a certain percentage of the structure to allow a shed roof/sleeping loft situation. Burlingame's currently proposed regulation would prevent any sort of sleeping loft and force us to build a larger, more sprawled footprint if we just want to accommodate an extra mattress. The idea of a sleeping loft is very appealing to me because it means we can build an ADU on a smaller footprint by having some flexibility to go upwards. 5. Minimizing hardscape is a concern of mine being on a hillside property. I think having the flexibility in the regulations to allow us to go "up" (within reason) instead of "out" would be very appealing. Most of us homeowners value our landscape and greenery. I believe most would want the flexibility to build a smart solution for their property, without being forced to prescribe to a dual -pitched, low and sprawling ADU. Please let me know if you have any questions. I truly appreciate your openness to the participation of residents in this process. Thank you, 0:':CALIFORNIANS FOR HOMEOWNERSHIP May 18, 2020 VIA EMAIL City Council City of Burlingame 501 Primrose Road Burlingame, CA 94010 Email: council@burlingame.org; publiccomment@burlingame.org RE: May 18, 2020 City Council Meeting, Agenda Item 9.b. To the City Council: MATTHEW GELFAND, COUNSEL MATT@CAFORHOMES.ORG TEL: (213) 739-8206 Californians for Homeownership is a 501(c)(3) non-profit organization devoted to using legal tools to address California's housing crisis. I am writing as part of our work monitoring local compliance with California's laws regarding accessory dwelling units (ADUs). At your May 18 meeting, you will consider an ordinance intended to address recent changes to state ADU law. If the City adopts a compliant ADU ordinance, it will be able to maintain certain local controls on ADU development. Unfortunately, we have significant concerns about the draft ordinance, including: • The draft ordinance appears to prohibit ADUs within livable areas of multifamily buildings, which appears to reflect a misunderstanding regarding the structure of state ADU law. It is true that, in order to take advantage of the special provisions to develop multiple ADUs in multifamily structures under Government Code Section 65852.2(e)(1)(C), the units must be developed from non -livable spaces. But an applicant may instead choose to develop a single ADU under subdivision (a) of the ADU law, which permits conversions of any space, livable or not. As of January 1, 2020, subdivision (a) has been modified to replace references to "single-family dwelling" with "primary dwelling." Proposed Municipal Code Section 25.59.070(a) should be adjusted to remove language limiting standard ADUs to single-family dwellings. • The draft ordinance does not provide the required special treatment for the categories of ADUs listed in Government Code Section 65852.2(e)(1). These ADUs must be ministerially permitted "notwithstanding" the provisions allowing cities to pass local ADU ordinances, meaning that these ADUs must be approved without applying �Lny local development standards, such as front -yard setbacks. According to guidance from the Department of Housing and Community Development, these ADUs "do[] not necessitate a zoning clearance and must not be limited to certain zones or areas or subject to height, lot size, lot coverage, unit size, architectural review, landscape or parking requirements," and the Department has issued non-compliance letters to cities 525 S. Virgil Avenue Los Angeles, CA 90020 May 18, 2020 Page 2 that have improperly applied local development standards to these ADUs. To assist the City in crafting appropriate language, we are providing (below) example language based on ordinances adopted by other cities. • The draft ordinance purports to apply a maximum unit size to interior ADUs. Because an interior ADU will always qualify for mandatory approval under Section 65852.2(e) regardless of local standards, from a practical perspective, the City will never be allowed to apply its maximum unit size to an interior ADU. • Proposed Municipal Code Section 25.59.090(b) appears intended to account for the streamlined ADU category described in Government Code Section 65852.2(e)(1)(C). But it improperly prohibits the conversion of "[s]paces required as part of a condition of approval or zoning requirement" into ADUs. California is in the midst of a housing crisis of historic proportions, and ADUs are a critical part of the Legislature's effort to address that crisis. See Gov. Code § 65852.150(a). The purpose of Section 65852.2(e)(1)(C) is to substitute the Legislature's preference for housing for local governments' preference for providing non -housing residential amenities, such as storage areas. Lcribed Proposed Municipal Code Section 25.59.090(c)(1) improperly limits the location of ADUs in Government Code Section 65852.2(e)(1)(D). Section 65852.2(e)(1) ADUs must be permitted regardless of any local standards, including limits on location within a lot. • Proposed Municipal Code Section 25.59.130 limits the amnesty provisions required by Government Code Section 65852.2(n) to structures constructed before January 1, 2020. This is unlawfully narrow. Because the City does not currently have a compliant ADU ordinance, it must apply these provisions to structures constructed until it adopts one. Gov. Code § 65852.2(n)(2). We recommend that you continue this item to allow staff to address our concerns and return with a compliant ordinance at a later meeting. We request that the City include us on the notice list for all future public meetings regarding the City's ADU policies, and we request that this letter be included in the correspondence file for those meetings. Sincerely, Matthew Gelfand cc: City of Burlingame Kevin Gardiner, Comm. Dev. Director (by email to kgardiner@burlingame.org) Ruben Hurin, Planning Manager (by email to rhurin@burlingame.org) Kathleen Kane, Esq., City Attorney (by email to kkane@burlingame.org) California Department of Housing and Community Development Greg Nickless, Housing Policy Analyst (by email to greg.nickless@hcd.ca.gov) 525 S. Virgil Avenue Los Angeles, CA 90020 CALIFORNIANS FOR HOMEOWNERSHIP May 18, 2020 Page 3 Example Language For Government Code Section 65852.2(e)(1) ADUs Units Subject to Limited Standards. Notwithstanding [the other sections of the local ADU ordinance], accessory dwelling unit and junior accessory dwelling unit permits shall be issued based solely on the standards set forth in this section and all applicable Building Code standards, as follows: (a) Internal ADUs. One accessory dwelling unit or junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply: (1) The ADU or JADU unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. (2) The space has exterior access from the proposed or existing single-family dwelling. (3) The side and rear setbacks are sufficient for fire and safety. (4) The JADU complies with the requirements of Section 65852.22. (b) Detached ADUs. One detached, new construction, ADU that does not exceed four -foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The ADU may be combined with a JADU described in subsection (a)(1) of this section. A local agency may impose the following conditions on the accessory dwelling unit: (1) A total floor area limitation of not more than 800 square feet. (2) A height limitation of 16 feet. (c) Multifamily Dwelling ADUs (1) Multiple ADUs within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. (2) A local agency shall allow at least one ADU within an existing multifamily dwelling and shall allow up to 25 percent of the existing multifamily dwelling units. (d) Not more than two ADUs that are located on a lot that has an existing multifamily dwelling but are detached from that multifamily dwelling and are subject to a height limit of 16 feet and four -foot rear yard and side setbacks. (e) Rentals of ADU and JADU permitted pursuant to this section shall be for a term longer than 30 days. (f) Installation of fire sprinklers are not required in an ADU or JADU if sprinklers are not required for the primary residence. (g) ADUs and JADUs permitted under this section shall not be required to install a new or separate utility connection directly between the ADU and the utility nor shall a related connection fee or capacity be charged unless the ADU or JADU is proposed to be constructed with a new single-family home. 525 S. Virgil Avenue Los Angeles, CA 90020 CALIFORNIANS FOR HOMEOWNERSHIP CLEAN VERSION PROPOSED CODE CHANGES TO CHAPTERS 25.59, 25.60, 25.26 AND 25.70 OF THE BURLINGAME MUNICIPAL CODE RELATED TO ACCESSORY DWELLING UNITS TO BE CONSISTENT WITH CALIFORNIA GOVERNMENT CODE SECTIONS 65852.2 AND 65852.22 Chapter 25.59 ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS Sections: 25.59.010 Purpose. 25.59.015 Definitions. 25.59.020 Applications and processing. 25.59.030 Appeal. 25.59.040 Revocation of permit. 25.59.055 Minimum standards for eligibility. 25.59.060 General requirements and restrictions. 25.59.070 Development standards for accessory dwelling units. 25.59.080 Development standards for junior accessory dwelling units. 25.59.090 Accessory dwelling units on multifamily residential properties. 25.59.100 Design. 25.59.110 Parking. 25.59.120 Utilities and impact fees. 25.59.130 Delay of enforcement of building standards. 25.59.010 Purpose. The purpose of this chapter is to regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code Sections 65852.2 and 65852.22. This chapter is intended to implement the Housing Element of the Burlingame General Plan by providing for additional housing opportunities. This will be accomplished by increasing the number of units available within existing neighborhoods while maintaining the primarily single-family and multifamily residential character of the area, and establishing standards for the development and occupancy of accessory dwelling units and junior accessory dwelling units to ensure that they are compatible with neighboring uses and structures, adequately equipped with public utility services, safe for human occupancy, and do not create unreasonable traffic and safety impacts. In cases of conflict between this chapter and any other provision of this title, the provisions of this chapter shall prevail. To the extent that any provision of this chapter is in conflict with State law, the applicable provision of State law shall control, but all other provisions of this chapter shall remain in full force and effect. An accessory residential dwelling unit or junior accessory dwelling unit which conforms to the requirements of this chapter shall not be considered to exceed the allowable density for the lot upon which it is located and shall be deemed to be a residential use which is consistent with the existing General Plan and zoning designations for the lot. 25.59.015 Definitions. The following terms shall have the following meanings for this chapter only and shall supersede the terms defined by Chapter 25.08 (Definitions): (a) "Accessory dwelling unit" or "ADU" means an attached or detached residential dwelling unit ancillary to a primary dwelling unit that provides complete independent living facilities for one (1) or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes an efficiency unit, as defined in Section 17958.1 of the Health and Safety Code, and a manufactured home, as defined in Section 18007 of the Health and Safety Code. This Chapter recognizes three types of accessory dwelling units as defined below. Where a proposed accessory dwelling unit does not clearly fall into one of the defined types, the Community Development Director shall make a determination pursuant to Code Section 25.16.150. (1) "Attached accessory dwelling unit" means an accessory dwelling unit that is constructed as a physical expansion (i.e., addition) of an existing primary dwelling unit, including construction of a new basement underneath a primary dwelling unit to accommodate an accessory dwelling unit. (2) "Detached accessory dwelling unit" means an accessory dwelling unit that is constructed as a separate structure from the primary dwelling unit; or contained within the existing space of an accessory structure (as defined herein), including construction of a new basement underneath an accessory structure to accommodate an accessory dwelling unit. (3) "Interior accessory dwelling unit' means an accessory dwelling unit that is contained within the existing space of a primary dwelling unit, including within its living area, basement, or attached garage; constructed as part of a proposed primary dwelling unit; or created from non -livable space of a multifamily dwelling. (b) "Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot. (c) "Efficiency kitchen" means a kitchen that includes each of the following: (1) A sink and cooking facility with appliances (e.g., microwave, toaster oven or hot plate). (2) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit. (d) "Junior accessory dwelling unit' or "JADU" means a residential dwelling unit that: i►tl (1) is no more than 500 square feet in size, (2) is contained entirely within an existing or proposed single family dwelling, (3) includes its own separate sanitation facilities (bathroom containing a sink, toilet, and shower or tub), or may share sanitation facilities with the existing or proposed single family structure, and (4) includes an efficiency kitchen, as defined in subsection (c) above. (e) "Living area" means the interior habitable floor area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. (f) "Nonconforming zoning conditions" means a physical improvement on a property that does not conform with current zoning standards. (g) "Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to the entrance of an accessory dwelling unit or junior accessory dwelling unit. (h) "Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. (i) "Tandem parking" means a parking configuration where two (2) or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. 25.59.020 Applications and processing. (a) Applications for ADU and JADU permits shall be in writing and filed with the Community Development Department on a form approved by the Community Development Director. (b) As established by council resolution, a fee will be charged for an application for an ADU or JADU permit under this chapter. All ADUs and JADUs are also subject to building permit fees. (c) Within sixty (60) days of receipt of a complete application, the Community Development Department staff shall ministerially process for approval any application for an ADU or JADU permit pursuant to this chapter. Incomplete applications will be returned with an explanation of what additional information is required. Upon finding that the ADU or JADU meets the requirements of this chapter, the application shall be approved ministerially without discretionary review or public hearing and the applicant may proceed to acquire a building permit. All ADUs and JADUs are categorically exempt from CEQA pursuant to Sections 15301 and 15303 of the CEQA guidelines. (d) If an application for an attached ADU or JADU is submitted with an application for an addition to an existing single family dwelling or construction of a new single family dwelling that is subject to design review or other discretionary permit for the same parcel, the application for the ADU or JADU permit shall not be acted upon until the application for design review or other discretionary permit is approved. Following the approval for design review or other discretionary permit for the 3 primary dwelling unit, the ADU or JADU application will be ministerially processed within 60 days of receipt of a complete application and approved if it meets the requirements of this chapter. (e) If the applicant requests a delay, the 60-day time period for approval shall be tolled for the period of the delay. 25.59.030 Appeal. The applicant that requested the accessory dwelling unit permit may appeal the community development director's denial of the request. The appeal shall be submitted to the community development director in writing within ten (10) days after the date of the community development director's decision. The appeal shall be heard by the planning commission in a public hearing pursuant to the procedures established for discretionary actions in Chapter 25.16. 25.59.040 Revocation of permit. (a) Grounds. An ADU or JADU permit granted pursuant to this chapter may be revoked on any one or more of the following grounds: (1) Failure to comply with the requirements of this chapter; or (2) The ADU or JADU is no longer used for residential purposes; or (3) The parking required by this chapter is no longer provided; or (b) Notice. Written notice to revoke an ADU or JADU permit shall be served on the property owner, as shown on the last equalized assessment roll, either personally or by certified mail, and shall state: (1) The reasons for the proposed revocation. (2) That the proposed action will be taken by the Community Development Director unless a written request for a hearing before the Planning Commission is requested within fifteen (15) days after the date of said notice. If no response is received, the Community Development Director will revoke the ADU or JADU permit as set forth in the notice. (c) Hearing. If a hearing is requested, at least ten (10) days' notice thereof shall be given to the requested party. At the hearing, the property owner may call witnesses and present evidence in his or her behalf. Upon conclusion of the hearing, the Planning Commission will determine whether or not the permit will be revoked. Such determination may be appealed to the city council in the same manner as for appeals taken on applications for the granting of conditional use permits or variances. 25.59.055 Minimum standards for eligibility. (a) No minimum lot area is required for creation of an ADU or JADU. (b) An ADU or JADU shall only be allowed on a parcel which has been legally created in C! compliance with the Subdivision Map Act and Title 26 (Subdivisions), and where the ADU or JADU is developed with an existing or proposed single family dwelling, except for ADUs constructed on multifamily residential properties pursuant to Section 25.59.090. (c) ADUs may only be permitted in districts zoned to allow single family dwelling or multifamily dwelling residential uses as a permitted use. ADUs are also permitted on any parcel that has a current and valid nonconforming single family or multifamily residential use, so long as the ADU complies with all other portions of this chapter. (d) JADUs may only be permitted in districts zoned to allow a single family dwelling residential use as a permitted use. JADUs are also permitted on any parcel that has a current and valid nonconforming single family residential use, so long as the JADU complies with all other portions of this chapter. 25.59.060 General requirements and restrictions. The following requirements and restrictions apply to all existing and new ADUs and JADUs, as applicable: (a) ADUs and JADUs shall comply with all applicable provisions of this title and all applicable building, health and fire codes. However, ADUs and JADUs shall not be required to provide fire sprinklers unless required for the primary single family dwelling or multifamily dwelling structure. (b) All development standards contained in the underlying zoning district, including Chapter 25.60, shall apply to ADUs and JADUs unless they are inconsistent with the provisions of this chapter, in which case the development standards of this chapter shall apply. (c) Accessory dwelling units. (1) ADUs may be rented separately from the single family dwelling or multifamily dwelling structure, but may not be sold or otherwise conveyed separately from the other dwellings on the lot, except as provided for by Government Code Section 65852.26. (2) ADUs may not be rented for fewer than 30 consecutive calendar days. (3) ADUs are not subject to any owner -occupancy requirement. (d) Junior accessory dwelling units. (1) JADUs may be rented separately from the single family dwelling, but may not be sold or otherwise conveyed separately from the single family dwelling on the lot. (2) JADUs may not be rented for fewer than 30 consecutive calendar days. (3) JADUs are subject to an owner -occupancy requirement. A person with legal or equitable title to the property shall reside on the property in either the primary dwelling or JADU as that person's legal domicile and permanent residence. However, the owner -occupancy requirement of this 5 paragraph does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization. Prior to issuance of a building permit for a JADU, the owner shall record a covenant in a form prescribed by the city attorney, which shall run with the land and provide for the following: (i) A prohibition on the sale of the JADU separate from the sale of the single family dwelling; (ii) A restriction on the size and attributes of the JADU consistent with this section; (iii) A prohibition against renting the property for fewer than 30 consecutive calendar days; and (iv) A requirement that either the primary residence or the JADU unit be the owner's bona fide principal residence, unless the owner is a governmental agency, land trust, or housing organization. (e) If an ADU or JADU which was created within a single family dwelling, accessory structure or multifamily dwelling structure is required to be removed or is voluntarily removed, the kitchen facility shall be removed and the space shall be converted back to its original use. If an ADU was newly constructed, (1) the space or structure shall be entirely removed, or (2) the kitchen facility shall be removed and the space shall be converted to a permitted use allowed within the underlying zoning district, or (3) the kitchen facility shall be removed and the applicant shall obtain the appropriate land use permit for the proposed use within the space. (f) Certificates of occupancy. A certificate of occupancy for an ADU shall not be issued before a certificate of occupancy is issued for the primary dwelling unit. (g) Deed restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder's office and a copy filed with the Community Development Department. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that: (1) The ADU or JADU shall not be sold separately from the primary dwelling. (2) The ADU or JADU is restricted to the approved size and to other attributes allowed by this Section. (3) The deed restriction runs with the land and may be enforced against future property owners. (4) The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the City, providing evidence that the ADU or JADU has in fact been eliminated. The City may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the City's determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU X removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code. (5) The deed restriction is enforceable by the Community Development Director or his or her designee for the benefit of the City. Failure of this property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit. 25.59.070 Development standards for accessory dwelling units. An ADU shall be constructed only in accordance with the following development standards. (a) Location and number. Only one (1) ADU shall be permitted per lot which contains an existing or proposed single family dwelling. ADUs may be located in any of the following: (1) Within the walls of an existing or proposed single family dwelling; (2) Attached to an existing or proposed single family dwelling; (3) Within an existing accessory structure; or (4) Detached from the single family dwelling, but located on the same lot as the existing or proposed single family dwelling. (b) Minimum size. No ADU shall be smaller than the size required to allow an efficiency unit pursuant to Health and Safety Code Section 17958.1. (c) Maximum size. The maximum floor area for an ADU shall be 850 square feet or 1,000 square for two (2) or more bedrooms. (1) Notwithstanding subsection (c), if there is an existing primary dwelling, an attached ADU shall not exceed fifty percent (50%) of the living area of the existing primary dwelling. (2) If the ADU is created by converting space within an existing single family dwelling or accessory structure: (i) an expansion limited to 150 square foot beyond the physical dimensions of the existing single family dwelling or accessory structure is permitted strictly to accommodate ingress and egress to the ADU; this additional square footage shall be exempt from lot coverage and floor area ratio requirements. The side and rear setback requirements for the single family dwelling may be reduced to no less than four (4) feet to accommodate an exterior stair and landing that provide required access to the ADU if it is located on the second story; and (ii) the ADU must have side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes. rl (d) Floor area ratio and lot coverage. An ADU measuring no more than 850 square feet in size shall be exempt from floor area ratio and lot coverage requirements. An ADU greater than 850 square feet shall comply with the floor area ratio and lot coverage regulations as specified by the applicable zoning district. (e) Setbacks. An ADU (attached or detached) shall conform to the following setback standards: (1) A setback of four (4) feet is required from the side and rear property lines; however, no setbacks shall be required under the following circumstances: (i) Existing livable space or an existing accessory structure that is converted, in whole or in part, to an ADU; (ii) The ADU is constructed in the same location and to the same dimensions as an existing structure that is demolished solely for the purpose of constructing the ADU; or (iii) Construction of a new detached ADU entirely located within the rear 30% of the lot. If any portion of the detached ADU is located forward of the rear 30% of the lot, it shall comply with the setback requirements of the applicable zoning district in which it is located; for detached ADUs that are no greater than 800 square feet and no taller than 16 feet, no more than four (4) foot side or rear setbacks shall be required. (2) There shall be a minimum four (4) foot separation between a detached ADU and any other structure on the lot, as measured between the exterior walls of the structures. (f) Maximum height and stories. (1) Detached ADUs. (i) All detached ADUs shall be limited to one (1) story in height and shall not be constructed above detached garages or detached accessory structures except for accessory dwelling units created entirely within an existing legal two-story detached accessory structure. (ii) The maximum allowed building height for a detached ADU is 16 feet, as measured from average adjacent grade to the top of the highest roof ridge, and shall comply with the maximum allowed plate height requirements in subsection (iii). (iii) The maximum allowed plate height is nine (9) feet, as measured from average adjacent grade to the top of plate. For detached ADUs containing a single slope, one side of the structure shall be allowed to have a plate height greater than nine (9) feet; the plate height of walls parallel with side and rear property lines shall not exceed nine (9) feet in height. For ADUs located within a designated flood zone, the maximum plate height shall be measured from finished floor. (2) Attached ADUs. Attached ADUs may be constructed on the first or second floor of an existing or proposed single family dwelling and shall be subject to the height requirements of the applicable zoning district in which it is located. n (g) Entrance. An ADU shall have a separate exterior entrance from the main entrance to the existing or proposed single family dwelling. For an ADU located entirely on a second story, this shall require a separate interior or exterior stairway. The entrance to the ADU shall not face the same public street as the entrance to the single family dwelling, unless it is the only location determined to comply with applicable building and fire codes. A passageway from the ADU to a public street may be created, but is not required. (h) Windows and skylights. Windows and glazed openings on walls parallel with property lines shall be located at least three (3) feet from property line. Skylights shall be allowed on sloping roofs facing interior yards, on sloping roofs facing side yards as long as the skylight is located at least 10 feet from property line, and on flat roofs. The placement of windows and skylights in ADUs shall comply with all applicable building and fire codes. (i) Balconies/Decks. Balconies, second story decks, and rooftop terraces are prohibited for all ADUs. A green roof shall not be considered a balcony, second story deck or rooftop terrace. 0) Interior Connection. Attached and interior ADUs may, but are not be required, to contain an interior doorway connection between the single family dwelling and ADU. (k) Permanent Foundations. (1) All ADUs shall be permanently attached to a permanent foundation. (2) A recreational vehicle, commercial coach, trailer, motor home, camper, camping trailer, boat or similar vehicle shall not be used as an ADU. (1) Existing ADUs built before January 1, 1954. For existing ADUs built before January 1, 1954 the following additional criteria shall be met: (1) The ADU shall conform to the requirements of the California Health and Safety Code Section 17920.3, and the Uniform Housing Code as adopted by Section 17922; (2) Improvements may be made to the ADU so long as it conforms to the requirements of this chapter and corrects any violation of Health and Safety Code Section 17920.3 and the Uniform Housing Code. 25.59.080 Development standards for junior accessory dwelling units. A junior accessory dwelling unit shall be constructed only in accordance with the following development standards: (a) Location. The JADU may only be located within the walls of an existing or proposed single family dwelling. The JADU must have side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes. 9 (b) Number. Only one (1) JADU shall be permitted per lot which contains an existing or proposed single family dwelling. A JADU may be allowed in conjunction with one (1) detached ADU on the same lot as long as the ADU does not exceed 850 square feet. (c) Minimum size. No JADU shall be smaller than the size required to allow an efficiency unit pursuant to Health and Safety Code Section 17958.1. (d) Maximum size. The JADU shall not exceed 500 square feet in area. An expansion limited to 150 square foot beyond the physical dimensions of the existing single family dwelling is permitted strictly to accommodate ingress and egress to the JADU; this additional square footage shall be exempt from lot coverage and floor area ratio requirements. The side and rear setback requirements for the single family dwelling may be reduced to no less than four (4) feet to accommodate an exterior stair and landing that provide required access to the JADU if it is located on the second story. (e) Kitchen. The JADU shall contain an efficiency kitchen satisfying the following the criteria: (1) Contains a sink and cooking facility with appliances (e.g., microwave, toaster oven or hot plate). (2) Contains a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU. (f) Bathroom. The JADU may have a separate bathroom, or may share a bathroom with the single family dwelling. The bathroom shall contain a sink, toilet, and shower or tub. If the bathroom is shared, there must be a connecting door between the JADU and the single family dwelling. (g) Entrance. The JADU shall have a separate exterior entrance from the main entrance to the existing or proposed single family dwelling. The entrance to the JADU shall not face the same public street as the entrance to the primary dwelling, unless it is the only location determined to comply with applicable building and fire codes. A passageway from the ADU to a public street may be created, but shall not be required. (h) A JADU is not considered a separate or new dwelling for purposes of fire safety or life safety. 25.59.090 Accessory dwelling units on multifamily residential properties. The following requirements and restrictions apply to creation of ADUs on multifamily residential properties. (a) For the purposes of this section, the term "multifamily dwelling structure" means two (2) or more residential units contained within one (1) or more buildings on the same lot. (b) Conversion. A minimum of one (1) and up to 25 percent of the existing dwelling units within a multifamily dwelling structure may be created within existing non -livable space(s), including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, provided that the 10 11 dwellings comply with building and fire codes. An ADU shall not be created within any portion of the habitable area of an existing dwelling unit in a multifamily structure. When calculating the number of allowed ADUs based on the percentage of existing multifamily units, round down to the nearest integer. (c) New detached ADUs. In addition to ADUs allowed by subsection (b), up to two (2) new detached accessory dwelling units may be allowed provided that the height does not exceed 16 feet and that four (4) foot side and rear yard setbacks are maintained. These ADUs shall be subject to the standards, requirements, and restrictions of this Chapter. (1) There shall be a minimum four (4) foot separation between a detached ADU and any other structure on the lot, as measured between the exterior walls of the structures. 25.59.100 Design. The design of accessory dwelling units shall conform with the following standards: (a) Attached and detached accessory dwelling units. The design of attached and detached accessory dwelling units shall be compatible or complementary in appearance with the primary structure located on the property, including coordination of exterior building materials and other architectural elements. (b) Interior accessory dwelling units. Interior accessory dwelling units contained within the existing space of an attached garage shall include removal of garage doors which shall be replaced with architectural features the same as those of the primary dwelling unit, including the same wall cladding, window type and trim that remove any appearance that the structure was originally a garage. This wall shall contain at least one (1) window that is consistent in size and type with other existing windows on the same building fagade. 25.59.110 Parking. (a) Unless otherwise provided in this section, one (1) off-street parking space shall be provided for the ADU in addition to the off-street parking spaces required for the single family dwelling or multifamily residential structure. All parking shall be provided on a hard, all-weather surface. (b) The parking space may be provided in setback areas or as tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions. (c) No parking shall be required for an ADU in any of the following instances: (1) The ADU is located within one-half mile walking distance of public transit. For the purposes of this section only, public transit is defined as a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. (2) The ADU is located within an architecturally and historically significant historic district. 12 (3) The ADU is part of the proposed or existing primary residence or an existing accessory structure. (4) When on -street parking permits are required but not offered tothe occupant of the ADU. (5) When there is an established car share vehicle stop located within one block of the ADU. (d) No parking shall be required for a JADU and any parking displaced by its construction, including conversion of all or part of an existing attached garage, are not required to be replaced. (e) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced. 25.59.120 — Utilities and impact fees. (a) No ADU or JADU shall be permitted if it is determined that there is not adequate water or sewer service to the property, as determined by the city. (b) Except as provided in subsection (c), an ADU may be required to have a new or separate utility connection, including a separate sewer lateral, between the ADU and the utility. A connection fee or capacity charge may be charged that is proportionate to the size in square feet of the ADU or its drainage fixture unit (DFU) values. Separate electric and water meters shall be required for the ADU. (c) The following ADUs shall be exempt from any requirement to install a new or separate utility connection and to pay any associated connection or capacity fees or charges: (1) Junior accessory dwelling units. (2) Standard ADUs converted from interior space, unless the unit is constructed within a new single-family home. (d) Impact Fees. (1) No impact fees may be imposed on ADUs that are less than 750 square feet in size. For purposes of this section, "impact fees" include the fees specified in Sections 66000 and 66477 of the Government Code, but do not include utility connection fees or capacity charges. (2) For ADUs that have a floor area of 750 square feet or more, impact fees shall be charged proportionately in relation to the square footage of the primary dwelling unit. 25.59.130 — Delay of enforcement of building standards. 13 (a) Prior to January 1, 2030, the owner of an ADU that was built prior to adoption of the ordinance codified in this chapter, may submit a written request to the Chief Building Official requesting that correction of any violation of building standards be delayed for five (5) years. For purposes of this section, "building standards" refers to those standards enforced by local agencies under the authority of Section 17960 of the California Health and Safety Code. (b) The Chief Building Official will grant the application if the Chief Building Official determines that enforcement of the building standard is not necessary to protect health and safety. In making this determination, the Chief Building Official will consult with the Fire Marshal. (c) No applications pursuant to this section shall be approved on or after January 1, 2030. However, any delay that was approved by the city before January 1, 2030, shall be valid for the full term of the delay that was approved at the time of the approval of the application. (d) Until January 1, 2030, any notice to correct a violation of building standard that is issued to the owner of an ADU built prior to adoption of the ordinance codified in this chapter, shall include a statement that the owner has a right to request a delay in enforcement of the building standard for an ADU pursuant to this section. CHAPTER 25.60 ACCESSORY STRUCTURES IN R-1 AND R-2 DISTRICTS 25.60.010 Conditional use permit requirements. Accessory structures in the R-1 or R-2 Districts shall be a conditional use requiring a conditional use permit if any of the following will exist: (a) Two (2) or more accessory structures, each having over one hundred twenty (120) square feet gross floor area, will exist on a single lot, except that there may be two (2) accessory structures if one is an accessory dwelling unit which complies with the provisions of Chapter 25.59 and obtains an accessory dwelling unit permit; (b) Any single accessory structure will exceed six hundred (600) square feet of gross floor area; except that an accessory structure containing an accessory dwelling unit which complies with the provisions of Chapter 25.59 and obtains an accessory dwelling unit permit may be up to 850 square feet or 1,000 square feet for two (2) or more bedrooms; (c) All accessory structures on a single lot will exceed a total of eight hundred (800) square feet gross floor area; except that an accessory structure containing an accessory dwelling unit which complies with the provisions of Chapter 25.59 and obtains an accessory dwelling unit permit may be up to 850 square feet or 1,000 square feet for two (2) or more bedrooms; (d) An accessory structure will occupy any portion of the lot in front of the main building; provided, where a dwelling has been erected on the rear sixty (60) percent of the lot prior to January 15, 1954, a garage may be erected in front of the main building, but not in any portion of the front setback; an accessory structure containing an accessory dwelling unit which complies with the 14 provisions of Chapter 25.59 and obtains an accessory dwelling unit permit may be located in front of the main building; (e) An accessory structure will be erected closer than four (4) feet to any other structure on the same lot, as measured between the exterior walls of the structures; (f) Accessory structures will cover more than fifty (50) percent of the rear thirty (30) percent of a lot; an accessory structure containing an accessory dwelling unit which complies with the provisions of Chapter 25.59 and obtains an accessory dwelling unit permit shall not be included in this calculation; (g) The plate line of the accessory structure will be more than nine (9) feet above grade at the closest point between the plate line and adjacent grade; except that an accessory structure containing an accessory dwelling unit with a shed (single slope) roof which complies with the provisions of Chapter 25.59 and obtains an accessory dwelling unit permit shall be allowed to have a plate height greater than 9 feet on one side of the structure; the plate height of walls parallel with side and rear property lines shall not exceed 9 feet in height; (h) The roof height of the accessory structure will exceed ten (10) feet above grade, except the height may be increased one foot for each foot of separation from an adjacent property line, up to a maximum height of fifteen (15) feet, provided: (1) The roof height of an accessory structure may have a maximum height of fifteen (15) feet above grade when the roof is pitched from ridge to plate on at least two (2) sides, and the ridge is no closer than five (5) feet to a side property line, and the rear plate line does not exceed nine (9) feet above the natural grade; except that an accessory structure containing an accessory dwelling unit which complies with the provisions of Chapter 25.59 and obtains an accessory dwelling unit permit may be up to sixteen (16) feet above grade; and (2) No portion of the space within any accessory structure between the top of plate and the lowest portion of the roof structure including any dormer shall exceed seven (7) feet in height; this subsection shall not apply to an accessory dwelling unit which complies with the provisions of Chapter 25.59 and obtains an accessory dwelling unit permit; (i) Windows and glazed openings of the accessory structure on walls parallel with property lines located within three (3) feet of the property line; skylights on sloping roofs facing side yards that are located within ten (10) feet of property line or skylights on sloping roofs facing the rear property line; Q) Water or sewer connections to the accessory structure will exceed building code minimums or the accessory structure will contain any shower, bath or toilet, except for an accessory structure containing an accessory dwelling unit which complies with the provisions of Chapter 25.59 and obtains an accessory dwelling unit permit; (k) The accessory structure will enclose mechanical equipment, excluding air conditioning equipment, which is designed to operate on a regular or continuous basis, which may be objectionable because of loudness, hours of operation, odor or other reason, and which is to be located less than twenty (20) feet from any structure for habitation, or less than ten (10) feet from any 15 property line; provided such shall be allowed without a special permit if the building official approves the structure as adequately sound insulated; (1) Storage of household goods, tools or equipment in the accessory structure will exceed ten (10) percent of the gross floor area of the main dwelling structure; (m) Any portion of the accessory structure will be used for accessory living quarters, recreation purposes or for use in a home occupation; except for an accessory structure containing an accessory dwelling unit which complies with the provisions of Chapter 25.59 and obtains an accessory dwelling unit permit does not require a conditional use permit; (n) The accessory structure will be a greenhouse, trellis, lanai, patio shelter or similar structure exceeding one hundred twenty (120) square feet of gross floor area. CHAPTER 25.26 R-1 DISTRICT REGULATIONS 25.26.035 Uses allowed with a special permit. The following are uses allowed in the district with a special permit: (a) Attached garages for single-family dwelling units; (b) Reduction in the number of parking spaces existing on site; except where the on -site parking requirement is met per Chapter 25.70 for the existing units on -site and the reduction in the number of parking spaces is for the purpose of creating an accessory dwelling unit which complies with the provisions of Chapter 25.59; (c) Construction exceeding the limits of the declining height envelope; (d) An accessory structure exempt from setback restrictions located within the rear forty (40) percent of the lot, except for an accessory structure containing an accessory dwelling unit which complies with the provisions of Chapter 25.59 and obtains an accessory dwelling unit permit. (e) An accessory structure that is in the rear of the lot and that is more than twenty-eight (28) feet in width or depth, except for an accessory structure containing an accessory dwelling unit which complies with the provisions of Chapter 25.59 and obtains an accessory dwelling unit permit. CHAPTER 25.70 OFF-STREET PARKING REGULATIONS 25.70.010 Vehicle parking spaces to be provided. 16 (a) Parking Required. At the time of erection of any building or structure, or at the time any building or structure is enlarged or increased in capacity, there shall be provided off-street parking spaces with adequate and proper provision for ingress and egress by standard size automobiles. (b) Parking with Remodel or Reconstruction. When any building is remodeled, reconstructed or changed in use by the addition of dwelling units, gross floor area, seating capacity, change in type of use or intensified use, such additional garage or parking facilities as may be required must be provided, except for accessory dwelling units and junior accessory dwelling units approved per Chapter 25.59. (c) Minimum Requirements. The regulations which follow are the minimum requirements unless specific requirements are made for a particular use in a district. Additional spaces may be provided. Unless otherwise expressly permitted by a section of this chapter, parking required by this chapter is to be provided on the same lot as the use for which the parking is required. 25.70.030 Requirements for single-family dwellings. The following are parking requirements for single-family dwellings. (a) Parking Space Requirements. Each single-family dwelling shall provide off-street parking spaces for at least two (2) vehicles, one of which must be covered by a garage or carport. The following further requirements apply to certain additions and to new single-family dwellings: (1) An existing single-family dwelling increased in size to three (3) or four (4) bedrooms and a new single-family dwelling with up to four (4) bedrooms shall provide off-street parking spaces to current code dimensions for at least two (2) vehicles, one of which must be covered by a garage or carport; (2) A single-family dwelling hereafter increased in size to five (5) or more bedrooms and a new single-family dwelling with five (5) or more bedrooms shall provide off-street parking to current code dimensions for at least three (3) vehicles, two (2) of which must be covered by a garage or carport; (3) For the purposes of subsections (a)(1) and (2) of this section, an existing garage not less than eighteen (18) feet wide and eighteen (18) feet deep interior dimension shall be considered to provide two (2) covered off-street parking places; (4) Bedrooms that are within accessory dwelling units or junior accessory dwelling units shall not be counted toward the overall number of bedrooms for the primary single-family dwelling on the lot on which it is located; parking for accessory dwelling units shall comply with the provisions of Chapter 25.59. (b) Parking Aisles and Driveways. Covered parking spaces shall have a twenty-four (24) foot back-up area or be designed to be entered or exited in no more than three (3) maneuvers. All spaces must allow entry in three (3) maneuvers in the forward direction. (c) Parking Limitations. `VA (1) A vehicle shall not be parked between a structure and the front or side property line except in a garage, driveway or other approved parking; except for parking for an accessory dwelling unit which complies with the provisions of Chapter 25.59; (2) Inoperative vehicles, vehicle parts, boats and campers (as defined by Section 243 of the Vehicle Code) shall not be stored or parked in driveways or between a structure and front or side property line; (3) Required covered parking shall not be provided in tandem configuration; except for an accessory dwelling unit which complies with the provisions of Chapter 25.59; (4) For an addition to an existing single-family dwelling and for accessory dwelling units, required uncovered spaces may be provided in tandem configuration and may extend: (A) In areas with sidewalks, to the inner edge of the sidewalk, (B) In areas without sidewalks to five (5) feet from the inner edge of the curb, (C) In areas without either sidewalks or curbs, to five (5) feet from the edge of pavement. 25.70.032 Requirements for duplexes, apartment hotels and condominium. (a) Except as specified below for properties within certain portions of downtown Burlingame as identified in Figure 3-4 of the Burlingame Downtown Specific Plan, the following are parking requirements for duplexes, apartments, apartment hotels and condominiums: (1) There shall be at least one and one-half (1 1/2) permanently maintained parking spaces on the same lot with the building for each studio or one -bedroom dwelling unit in the building. (2) For each dwelling unit containing two (2) bedrooms, or two (2) potential bedrooms, there shall be provided at least two (2) parking spaces. (3) For each dwelling unit containing three (3) or more bedrooms, there shall be provided at least two and one-half (2 1/2) parking spaces. (b) For properties within the area identified in Figure 3-4 of the Burlingame Downtown Specific Plan, the following are parking requirements for duplexes, apartments, apartment hotels and condominiums: (1) There shall be at least one permanently maintained parking space on the same lot with the building for each studio or one -bedroom dwelling unit in the building. (2) For each dwelling unit containing two (2) bedrooms, or two (2) potential bedrooms, there shall be provided at least one and one-half (1 1/2) permanently maintained parking spaces. (3) For each dwelling unit containing three (3) or more bedrooms, there shall be provided at least two (2) permanently maintained parking spaces. IN (c) Accessory dwelling units. Where accessory dwelling units are allowed in compliance with Chapter 25.59, parking shall be provided with the provisions of Chapter 25.59. (d) Eighty (80) percent of the total required parking spaces shall be covered or within a garage or carport. Parking spaces shall not be situated in the front or side setback areas. A vehicle shall not be parked between a structure and the front or side property lines except in a garage, driveway or other approved parking. (e) Inoperative vehicles, vehicles, vehicle parts, boats and campers (as defined by Section 243 of the Vehicle Code) shall not be stored or parked in driveways or between a structure and front or side property lines. 19 EFFECTIVE PROVISIONS OF 2019 ADU BILLS GOVERNMENT CODE SECTION 65852.2 AS CHAPTERED BY AB 881 65852.2. In Effect Until 2025 (a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned to allow single-family or multifamily dwelling residential use. The ordinance shall do all of the following: (A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted. The designation of areas may be based on exit^ri ^ that may include, but are not limited the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. A local agency that does not provide water or sewer services shall consult with the local water or sewer service provider regarding the adequacy of water and sewer services before designating an area where accessory dwelling units may be permitted. (13) (i) Impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback, lot eeveFage, I landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historic Places. Resources. These standards shall not include requirements on minimum lot size. (ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessory dwelling unit located within its jurisdiction. (C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot. (D) Require the accessory dwelling units to comply with all of the following: (i) The accessory dwelling unit may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence. (ii) The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing single-family- dwelling. (iii) The accessory dwelling unit is either attached to, or located within the living area of within, the proposed or existing primary dwelling OF dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling. (iv) The total area of floor -space of If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the prep e ^r existing ^rim^^ aNyelling living area OF 1,200 square feet. existing primary dwelling. (v) The total floor area of floor -space- for a detached accessory dwelling unit shall not exceed 1,200 square feet. (vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit. (vii) No setback shall be required for an existing garage living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than fire four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above a garage. not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure. (viii) Local building code requirements that apply to detached dwellings, as appropriate. (ix) Approval by the local health officer where a private sewage disposal system is being used, if required. (x) (I) Parking requirements for accessory dwelling units shall not exceed one parking space per accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway. (II) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions. (III) This clause shall not apply to a- an accessory dwelling unit that is described in subdivision (d). (xi) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, a-x- the local agency requires shall not require that those ^ffo�tat offstreet parking spaces be replaced, the replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit, including, but not limited to, as covered spaces, uncovered spaces, or- tandem spaces, or- by the use A-f mweh-apie-al -aute-mebile par -king lifts. This clause shall net apply to a unit that is dia-serih-ead- in „i,a;,,W ,,, rai replaced. (xii) Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. (2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (3) , this -sub-division, the application A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits, wit -kin 120 days aft receiving the application. permits. The permitting agency shall act on the application to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency acts on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. A local agency may charge a fee to reimburse it for costs that it inetir-s as result of amendments to this paragraph enacted dur-ing the 2001 02 Regular- Session of the Legislature-,- e; incurred to implement this paragraph, including the costs of adopting or amending any ordinance that provides for the creation of an accessory dwelling unit. (4) An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ordinance adopted by a local agency subsequent to the effective date of the act adding this paragraph shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units, except as otherwise provided in this subdivision. in the mo^t that If a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance shall be null and void upon the eff,,,.t;,,,, a^t Af the act adding this paragraph- and that agency shall thereafter apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this section. (5) No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit or a use permit under this subdivision. (6) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed accessory dwelling unit on a lot z^^^a fff- residential that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in this subdivision, shall be utilized used or imposed, including any owner -occupant requirement, except that a local agency may require an applicant for a permit issued pursuant to this subdivision to be an owner- occupant or- that the property be used for rentals of terms longer than 30 days. (7) A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with the limitations of this subdivision. (8) An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot. The accessory dwelling unit shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (b) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with subdivision (a) receives an application for a permit to create an accessory dwelling unit pursuant to this subdivision, the local agency shall approve or disapprove the application ministerially without discretionary review pursuant to subdivision (a) within 20days—aTte receiving the applicatiop. (a). The permitting agency shall act on the application to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency acts on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not acted upon the completed application within 60 days, the application shall be deemed approved. (c) (1) Subject to paragraph (2), a local agency may establish minimum and maximum unit size requirements for both attached and detached accessory dwelling units. (2) Notwithstanding paragraph (1), a local agencyshall not establish by ordinance any of the following: (A) A minimum square footage requirement for either an attached or detached accessory dwelling unit that prohibits an efficiency unit. (B) A maximum square footage requirement for either an attached or detached accessory dwelling unit that is less than either of the following: (1) 850 square feet. (ii)1,000 square feet for an accessory dwelling unit that provides more than one bedroom. {-c} (C) A local agency may establish minimum and maximum unit size requirements for- both -thee h^d^^a d Pet-Ae h^d^ y dw e11in g u nits. NA- r,;,,;,Y,u Any other minimum or maximum size for an accessory dwelling unit, or- size based upon a percentage of the proposed or existing primary dwelling, shall be established by ordinance or limits on lot coverage, floor area ratio, open space, and minimum lotsize, for either attached or detached dwellings that does not permit at least an e€€iciene RhAll PAt he required to provide fir-e spr-inkler-s if they are not required feF the pr-imaFy residepee 800 square foot accessory dwelling unit that is at least 16 feet in height with four foot side and rear yard setbacks to be constructed in compliance with all other local development standards. (d) Notwithstanding any other law, a local agency, whether or not it has adopted an ordinance governing accessory dwelling units in accordance with subdivision (a), shall not impose parking standards for an accessory dwelling unit in any of the following instances: (1) The accessory dwelling unit is located within one-half mile walking distance of public transit. (2) The accessory dwelling unit is located within an architecturally and historically significant historic district. (3) The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure. (4) When on -street parking permits are required but not offered to the occupant of the accessory dwelling unit. (5) When there is a car share vehicle located within one block of the accessory dwelling unit. (e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application for a building permit *^ ^*^ 4.4.4ithiP ^ fOF single family use one accessoF dwelling unit per- single family lot if the I-IRiA J.S C_-A__PA_PJ_P_P_d_. ;Adthin the existing spaee of a single famil Fesidenee eF accesseFy stFuetuFe, ineluding, but not limited to, a studio, pool house, or- etheF similar - if they aFe RE)t FequiFed for- the primary r-esidenee. A city mayFequiFe owneFoccupancy for- eitheFthe r the dwelling T unit- eveatedthFo gh this process. within a residential or mixed -use zone to create any of the following: (A) One accessory dwelling unit or junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply: (i) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single- family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. (ii) The space has exterior access from the proposed or existing single-family dwelling. (iii) The side and rear setbacks are sufficient for fire and safety. (iv) The junior accessory dwelling unit complies with the requirements of Section 65852.22. (B) One detached, new construction, accessory dwelling unit that does not exceed four foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in subparagraph (A). A local agency may impose the following conditions on the accessory dwelling unit: (i) A total floor area limitation of not more than 800 square feet. (ii) A height limitation of 16 feet. (C) (i) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. (ii) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shall allow up to 25 percent of the existing multifamily dwelling units. (D) Not more than two accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limit of 16 feet and four foot rear yard and side setbacks. (2) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions. (3) The installation of fire sprinklers shall not be required in an accessory dwelling unit ifsprinklers are not required for the primary residence. (4) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this subdivision be for a term longer than 30 days. (5) A local agency may require, as part of the application for a permit to create an accessory dwelling unit connected to an onsite water treatment system, a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last 10 years. (6) Notwithstanding subdivision (c) and paragraph (1) a local agency that has adopted an ordinance by July 1, 2018, providing for the approval of accessory dwelling units in multifamily dwelling structures shall ministerially consider a permit application to construct an accessory dwelling unit that is described in paragraph (1), and may impose standards including, but not limited to, design, development, and historic standards on said accessory dwelling units. These standards shall not include requirements on minimum lot size. (f) (1) Fees charged for the construction of accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012). (2) AeeessopyLAn accessory dwellings unit shall not be considered by a local agency, special district, or water corporation to be a new residential use for th-c- purposes of calculating connection fees or capacity charges for utilities, including water and sewer tee: service, unless the accessory dwelling unit was constructed with a new single-family dwelling. (3) (A) A local agency, special district, or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. (B) For purposes of this paragraph, "impact fee" has the same meaning as the term 'fee" is defined in subdivision (b) of Section 66000, except that it also includes fees specified in Section 66477. "Impact fee" does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation. {fir} (4) For an accessory dwelling unit described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge. charge, unless the accessory dwelling unit was constructed with a new single-family home. {-E} (5) For an accessory dwelling unit that is not described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation may require a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its size- square feet or the number of its plumbing Axttir-es, drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service. (g) This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of an accessory dwelling unit. (h) I Acaf (1) agencies A local agency shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the Department of Housing and Community Development within 60 days after adoption. The department may review and comment on this submitted ordinance. After adoption of an ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this section. (2) (A) If the department finds that the local agency's ordinance does not comply with this section, the department shall notify the local agency and shall provide the local agency with a reasonable time, no longer than 30 days, to respond to the findings before taking any other action authorized by this section. (B) The local agency shall consider the findings made by the department pursuant to subparagraph (A) and shall do one of the following: (i) Amend the ordinance to comply with this section. (ii) Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the ordinance that explain the reasons the local agency believes that the ordinance complies with this section despite the findings of the department. (3) (A) If the local agency does not amend its ordinance in response to the department's findings or does not adopt a resolution with findings explaining the reason the ordinance complies with this section and addressing the department's findings, the department shall notify the local agency and may notify the Attorney General that the local agency is in violation of state law. (B) Before notifying the Attorney General that the local agency is in violation of state law, the department may consider whether a local agency adopted an ordinance in compliance with this section between January 1, 2017, and January 1, 2020. (i) The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, and standards set forth in this section. The guidelines adopted pursuant to thissubdivision are notsubject to Chapter3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. {r} 6) As used in this section, the following terms mean: (2) "Local agency" means a city, county, or- city and eotmb�, whether- general law or- chartered. (3) For- purposes of this section, "neighbor -hood" has the sa as set for-th in Section ti [o [�T {4} (1) "Accessory dwelling unit" means an attached or a detached residential dwelling unit which that provides complete independent living facilities for one or more per -sons. persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single- family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following: (A) An efficiency unit. (B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (2) "Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot. W (3) An efficieney nit, "Efficiency unit" has the same meaning as defined in Section 17958.1 of the Health and Safety Code. { 4 (4) . "Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. (5) "Local agency" means a city, county, or city and county, whethergeneral law or chartered. (6) "Neighborhood" has the same meaning as set forth in Section 65589.5. (7) "Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards. f-5} (8) "Passageway' means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit. (9) "Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting. (10) "Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. f44 (11) "Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. (k) A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency issues a certificate of occupancy for the primary dwelling. {}} (1) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local government shall not be required to hold public hearings for coastal development permit applications for accessory dwelling units. (m) A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing, as specified in subdivision (a) of Section 65583.1, subject to authorization by the department and compliance with this division. (n) In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code for an accessory dwelling unit described in paragraph (1) or (2) below, a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety Code: (1) The accessory dwelling unit was built before January 1, 2020. (2) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made. (o) This section shall remain in effect only until January 1, 2025, and as of that date is repealed. GOVERNMENT CODE SECTION 65852.22 AS CHAPTERED BY AB 68 65852.22. (a) Notwithstanding Section 65852.2, a local agency may, by ordinance, provide for the creation of junior accessory dwelling units in single-family residential zones. The ordinance may require a permit to be obtained for the creation of a junior accessory dwelling unit, and shall do all of the following: (1) Limit the number of junior accessory dwelling units to one per residential lot zoned for single- family residences with a single-family residence air-eady built -built, or proposed to be built, on the lot. (2) Require owner -occupancy in the single-family residence in which the junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit. Owner -occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization. (3) Require the recordation of a deed restriction, which shall run with the land, shall be filed with the permitting agency, and shall include both of the following: (A) A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single- family residence, including a statement that the deed restriction may be enforced against future purchasers. (B) A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section. (4) Require a permitted junior accessory dwelling unit to be constructed within the e)Eist4ng walls of the structure, and require the ;,,,a..-;^„ of an ting bedroom. proposed or existing single-family residence. (5) Require a permitted junior accessory dwelling to include a separate entrance from the main entrance to the structure, with an interior- entFy to the main living area. A permitted junior- accessor dwelling m inelude ^ secend interior- door -way fOF sound attenuation. proposed or existing single- family residence. (6) Require the permitted junior accessory dwelling unit to include an efficiency kitchen, which shall include all of the following: {B) (A) A cooking facility with , tur-al o appliances. {C} (B) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit. (b) (1) An ordinance shall not require additional parking as a condition to grant a permit. (2) This subdivision shall not be interpreted to prohibit the requirement of an inspection, including the imposition of a fee for that inspection, to determine ;•�Pr- if the junior accessory dwelling unit is in compliance complies with applicable building standards. (c) An application for a permit pursuant to this section shall, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits, be considered ministerially, without discretionary review or a hearing. " permit shall be is -sued .04thin 120 days of submission of an application for- a permit pur-suant to this section-.- The permitting agency shall act on the application to create a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family dwelling on the lot. If the permit application to create a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the permit application for the junior accessory dwelling unit until the permitting agency acts on the permit application to create the new single-family dwelling, but the application to create the junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. A local agency may charge a fee to reimburse the local agency for costs incurred in connection with the issuance of a permit pursuant to this section. (d) For the- purposes of any fire or life protection ordinance or regulation, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. This section shall not be construed to prohibit a city, county, city and county, or other local public entity from adopting an ordinance or regulation relating to fire and life protection requirements within a single-family residence that contains a junior accessory dwelling unit so long as the ordinance or regulation applies uniformly to all single-family residences within the zone regardless of whether the single-family residence includes a junior accessory dwelling unit or not. (e) For th-e- purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. (f) This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation, related to parking or a service or a connection fee for water, sewer, or power, that applies to a single-family residence that contains a junior accessory dwelling unit, so long as that ordinance or regulation applies uniformly to all single-family residences regardless of whether the single-family residence includes a junior accessory dwelling unit. (g) If a local agency has not adopted a local ordinance pursuant to this section, the local agency shall ministerially approve a permit to construct a junior accessory dwelling unit that satisfies the requirements set forth in subparagraph (A) of paragraph (1) of subdivision (e) of Section 65852.2 and the requirements of this section. W (h) For purposes of this section, the following terms have the following meanings: (1) "Junior accessory dwelling unit" means a unit that is no more than 500 square feet in size and contained entirely within an —existing a single-family structure. residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. (2) "Local agency" means a city, county, or city and county, whether general law or chartered. HEALTH & SAFETY CODE SECTION 17980.12 AS CHAPTERED IN SB 13 17980.12. (a) (1) An enforcement agency, until January 1, 2030, that issues to an owner of an accessory dwelling unit described in subparagraph (A) or (B) below, a notice to correct a violation of any provision of any building standard pursuant to this part shall include in that notice a statement that the owner of the unit has a right to request a delay in enforcement pursuant to this subdivision: (A) The accessory dwelling unit was built before January 1, 2020. (B) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made. (2) The owner of an accessory dwelling unit that receives a notice to correct violations or abate nuisances as described in paragraph (1) may, in the form and manner prescribed by the enforcement agency, submit an application to the enforcement agency requesting that enforcement of the violation be delayed for five years on the basis that correcting the violation is not necessary to protect health and safety. (3) The enforcement agency shall grant an application described in paragraph (2) if the enforcement determines that correcting the violation is not necessary to protect health and safety. In making this determination, the enforcement agency shall consult with the entity responsible for enforcement of building standards and other regulations of the State Fire Marshal pursuant to Section 13146. (4) The enforcement agency shall not approve any applications pursuant to this section on or after January 1, 2030. However, any delay that was approved by the enforcement agency before January 1, 2030, shall be valid for the full term of the delay that was approved at the time of the initial approval of the application pursuant to paragraph (3). (b) For purposes of this section, "accessory dwelling unit" has the same meaning as defined in Section 65852.2. (c) This section shall remain in effect only until January 1, 2035, and as of that date is repealed. BUR- INGAME AGENDA NO: 9c STAFF REPORT MEETING DATE: July 6, 2020 To: Honorable Mayor and City Council Date: July 6, 2020 From: Sigalle Michael, Sustainability Coordinator — (650) 558-7261 Subject: Public Hearing to Consider Proposed Amendments to the Burlingame Municipal Code to Allow for a Building Electrification Reach Code RECOMMENDATION Staff recommends that the City Council consider proposed amendments to the Burlingame Municipal Code regarding an electrification reach code. In order to do so, the City Council should: 1. Receive the staff report and ask any questions of staff. 2. Request the City Clerk to read the title of each of the three proposed ordinances. 3. By motion, waive further reading and introduce each of the three proposed ordinances. 4. Conduct a public hearing on the three proposed ordinances. 5. Following closure of the public hearing, discuss each of the three proposed ordinances and provide any direction to staff; if no changes are requested, direct staff to bring one or more of them back for adoption and ask the City Clerk to publish a summary of each ordinance at least five days before proposed adoption. If Council so directs, the ordinance(s), along with a resolution addressing compliance with the California Environmental Quality Act (CEQA), will be presented for adoption at the August 17, 2020 meeting. BACKGROUND Reach codes are local building code amendments that go beyond the State's requirements for energy efficiency and green building standards. Local governments adopt reach codes to increase energy efficiency, reduce greenhouse gas (GHG) emissions, and meet climate action goals. Electrification reach codes that encourage new developments to reduce or eliminate natural gas in new construction have gained momentum over the past year as jurisdictions seek out ways to lower greenhouse gas emissions from buildings. Building electrification means that buildings use only electric appliances for space heating, water heating, clothes drying, and cooking. All -electric buildings are not uncommon in the US, and 1 Building Electrification Reach Code July 6, 2020 electric appliances are widely available and more efficient than their natural gas counterparts. Research has shown that transitioning to efficient electric appliances is the most effective way to reduce GHG emissions in homes and buildings.' This is especially the case when electricity is sourced from 100% renewable and carbon free sources, as it will be in San Mateo County. Peninsula Clean Energy is on the path to provide 100% GHG free electricity in San Mateo County by 2021. Also, using electricity for cooking and avoiding burning natural gas indoors has been associated with improved indoor air quality and health benefits.2 The table below highlights electric appliances available for homes. Cooking Electric cooktop/oven; or induction electric range, a high performance option that uses electromagnetic energy that heats faster and to higher temperatures than natural gas Space Heating Air source heat pump HVAC, can efficiently provide both heating and cooling from single unit, ducted or wall systems. Water Heating Heat pump water heater, tank or tankless Clothes Drying Electric dryer or Heat pump dryer Pool Heating Heat pump pool system Electric fireplace All -electric home diagram, https://www.smud.org/-/media/Documents/Going-Green/AE-Diagram-BH.ashx Electric appliances, https://www.citvofpaloalto.org/gov/depts/utl/pathway to sustainability/electrification/default.a SIP All -Electric Home Costs: https://peninsulareachcodes.org/wp-content/uploads/2019/10/Electrification- Cost-Story-Infographic v8.1.pdf All -Electric Guide for Multifamily Buildings: https://peninsulareachcodes.org/wp- content/uploads/2019/10/AZeroEmissionsAll-ElectricMultifamilvConstructionGuide Redwood En Reach Code Information: https://Peninsulareachcodes.org/ PCE, with the support of the San Mateo County Office of Sustainability and Silicon Valley Clean Energy, is encouraging local jurisdictions to adopt a reach code that: 1) eliminates or limits the use of natural gas for space heating, water heating, and cooking; 2) requires solar energy systems; and 3) ensures electric vehicle (EV) charging equipment is installed in new developments. PCE prepared model reach code approaches for cities to use. The model reach codes are based on cost-effectiveness studies prepared by the California Statewide Codes and ' Building Decarbinazion Coalition, http://www.buildin,gdecarb.org/resources/a-roadmap-to-decarbonize-californias- buildings 2 https://www.theauardian.com/environment/2020/ma. /} 05/gas-stoves-air-pollution-environment 2 Building Electrification Reach Code July 6, 2020 Standards Program and TRC, a consultant to PCE. To date, 173 jurisdictions in San Mateo and Santa Clara counties, including Brisbane, Campbell, Cupertino, Los Altos Hills, Los Gatos, Menlo Park, Milpitas, Morgan Hill, Mountain View, Pacifica, Palo Alto, San Mateo, San Jose, Saratoga, and San Mateo County, have adopted a form of reach codes,. DISCUSSION The City Council and staff have been grappling for some time now with how to move forward with a reach code for the City. Although reach codes serve as an effective climate action by reducing the use of natural gas in buildings, Councilmembers have expressed concern about overburdening builders and developers with requirements and promoting technologies that are not quite ready. Electric fireplaces, for example, may be safer and more efficient to use than natural gas fireplaces, but they do not heat rooms as well natural gas fireplaces do. The City Council has discussed reach codes at study sessions on November 14, 2019, and February 18, 2020, and as a proposed ordinance on June 15, 2020. During the most recent meeting on June 15, the Council generally agreed on the building electrification, solar, and EV infrastructure reach code provisions proposed for multifamily and commercial buildings but had concerns about the electrification provision for single family homes. At the meeting, Council directed staff to separate the reach code ordinance by building type. Staff has now prepared a separate reach code ordinance for single family homes, one for multifamily buildings, and one for commercial buildings. For all building types, projects that have been submitted to the Planning Division or received entitlements prior to the effective date of the respective ordinance are not subject to the ordinance. The revised reach code ordinances reflect the input and direction provided by Council and are based on the PCE/Menlo Park model reach code with additions (shown in underline) and deletions (shown in strikethFe gho) specific to Burlingame. The reach code ordinances also benefit from public input. Staff hosted two stakeholder meetings with local developers (November 21, 2019 and January 8, 2020) that were attended by three developers representing single family, multi -family, and commercial construction. Discussions with developers, specifically Summerhill Apartment Communities, a key developer in Burlingame with several ongoing local projects, helped shape the EV infrastructure provisions and exceptions for multifamily construction. Staff discussed the reach code at two Citizens Environmental Council of Burlingame (CEC) meetings (January 8 and April 8, 2020). Throughout the reach code process, the CEC has encouraged the Council and staff to strive for a reach code for maximum benefit. The CEC has provided building electrification resources and letters of support for a reach code. 3 The cities of San Carlos and Monte Serene, adopted a weaker version of a reach code that only requires prewiring codes. 3 Building Electrification Reach Code July 6, 2020 The primary purpose of the proposed reach code ordinances is to accelerate the reduction of GHG emissions in the community by limiting the use of natural gas through building electrification; growing the use of solar as a local renewable energy source; and installing EV infrastructure to support the state's transition to zero emission vehicles. The proposed reach code ordinances would implement several measures from the City's Climate Action Plan (CAP) and are estimated to reduce an additional -3,500 tons of GHG emissions by 2030. Single Family Homes Proposed Reach Code For single family homes, the Council was comfortable with the proposed EV infrastructure reach code. Solar provisions are not being proposed at this time since the state's building code already requires minimum solar photovoltaic systems on new single family homes. Regarding building electrification, the Council debated whether natural gas for fireplaces and outdoor firepits should be prohibited given that similar performing electric options are not available. Some Councilmembers reasoned that natural gas be allowed for both indoor and outdoor cooking and fireplaces. Councilmembers stated their preference for offering incentives over mandates to urge new homes to use all -electric appliances. Staff proposes that the City Council consider the approach offered at the February 18t" study session, which requires single family homes to use all -electric appliances but allows for indoor and outdoor non -electric cooking appliances and fireplaces (including outdoor kitchens and firepits). Staff is exploring potential incentives to support all -electric single family homes. The Council requested that staff clearly articulate what type of home remodels will have to comply with the reach code. Staff proposes that the reach code apply to substantial home remodels, also known as rebuilds, when more than 50 percent of the valuation of the existing structure is being remodeled, and provided the remodel also includes a new heating, cooling, and ventilation (HVAC) system. The previous provision that stated kitchen remodels must be part of the remodeling project to trigger the reach code was omitted since non -electric cooking appliances are permitted in the proposed ordinance. Municipal Code Section 18.07.020 Section 102.2 amended, specifies that when additions, alterations or repairs within any twelve (12) month period exceed fifty (50) percent of the current replacement value of an existing building or structure, the building or structure shall conform with the requirements for new buildings or structures. The cost calculations for the additions/improvements shall be calculated utilizing the latest Burlingame average construction cost. The construction cost is continually adjusted based on data received from the Burlingame permit review process. Currently, the average construction cost in Burlingame is approximately $350 a square foot (but could go as high as $400 for a high - end or complicated project). A kitchen remodel, new roof, or other similar scale projects will not trigger the reach code. As an example, take a 1,717 square foot home that is being remodeled with an addition. - 1,717 is multiplied by $350 a square foot to equal $600,950. - Divide by 2 to equal the 50 percent valuation of $300,475. E Building Electrification Reach Code July 6, 2020 - If the value of the addition is $300,475 or greater, the project would be considered a major remodel/new construction under Code Section 18.07.020 Section 102.2 amended. - However, per the proposed reach code, the project would need to involve the replacement of the HVAC system for the reach code provisions to be applicable. In 2019, the Building Division received 36 project applications for major remodels. Twenty of these applications exceeded the 50% valuation threshold, while 16 of the projects were under the 50 percent valuation. Burlingame is a built -out city with an old housing stock. Single family homes make up 48 percent of Burlingame residences; and 88 percent of these homes were constructed before 1980 (California's energy efficiency building code, known as Title 24, came into effect in 1978). Including major remodels in the reach code will help lower GHG emissions in Burlingame's housing stock. The table below summarizes the reach code proposed for single family homes. New Single Family Homes and Major Remodels (as defined above) Building Electrification Solar Proposed EV Infrastructure All -electric for new homes and Existing building code One level 2 charging and one level 1 if a certain substantial remodels. requirements. second parking space exists. Non -electric indoor and outdoor Exception: Accessory dwelling units or cooking appliances and fireplaces junior accessory dwelling units without are allowed and should have parking facilities. electric prewiring installed where applicable. Multifamily Buildings Proposed Reach Code In general, the Council agreed on the building electrification, solar, and EV reach code provisions proposed for multifamily buildings on June 15th. Some Councilmembers asked for assurance that exceptions be made possible for natural gas boilers in multifamily buildings since electric heating in multifamily is still relatively uncommon in this area and in some instances may be infeasible due to particular building characteristics or technical challenges. Staff recommends that exceptions be considered when all -electric is not feasible. To ensure that the intent of the reach code is not disregarded or misinterpreted, a project applicant should demonstrate to the Building Official the unique reason why an -electric building is infeasible or the code is impractical. If the Building Official is satisfied that all -electric is infeasible or the code is impractical, he or she can then grant the exception. Summerhill Apartment Communities provided staff with comments on the reach code portions that apply to multifamily buildings. The six total comments are all technical in nature and recommend clarifying language in the ordinance. Staff accepted and integrated all the comments. The table below summarizes the reach code proposed for new multifamily buildings. 5 Building Electrification Reach Code July 6, 2020 New Multifamily Buildings Building Electrification Solar Proposed EV Infrastructure All -electric. - Minimum 3 kW system for - Level 2 charging for 10% of units. buildings less than 10,000 - Remaining units to have Level 1 access Exception: Must sq ft. and conduit for future Level 2 charging demonstrate all -electric is installed; infeasible due to -Minimum 5 kW system for - Level 1 access may be shared between two outstanding units. circumstances or buildings 10,000 sq. ft. and technical challenges to be larger Exceptions: considered for an - EV infrastructure costs exceed exception by the Chief Exception: Solar infeasible $4,500/space Building Official. Electric prewiring required for any due to roof size, slope, -Spaces accessible only by automated non -electric appliances shading, and other mechanical car parking systems p g y as applicable. limitations. -Parking facilities without available commercial power supply. Commercial Buildings Proposed Reach Code The largest discussion point for the commercial building reach code was related to commercial kitchens and exceptions for natural gas cooking. Initially, staff proposed having commercial kitchens request an exception for natural gas cooking by demonstrating that they considered alternatives and found them infeasible. However, Councilmembers were concerned that this could disincentivize new restaurants from opening in the city or risk subjective granting of exceptions. The Council generally agreed that restaurants be automatically allowed to use natural gas for cooking. The table below summarizes the reach code proposed for new commercial buildings. New Commercial Buildings Building Electrification Solar Proposed EV Infrastructure All -electric. - Minimum 3 kW system for Offices: Level 2 charging for 10% of buildings less than 10,000 spaces; and level 1 for 10% of spaces Commercial kitchens and sq. ft. restaurants allowed to use Other Commercial: Level 2 charging for non -electric cooking -Minimum 5 kW system for 6% of spaces; and level 1 for 5% of appliances and should have spaces electric prewiring installed buildings 10,000 sq. ft. and where applicable. larger Exceptions: Exceptions: Must demonstrate Exception: Solar infeasible - EV infrastructure costs exceed all -electric is infeasible due to due to roof size, slope, $4,500/space outstanding circumstances or -Spaces accessible only by automated M Building Electrification Reach Code July 6, 2020 technical challenges to be shading, and other mechanical car parking systems considered for an exception by limitations. -Parking facilities without available the Chief Building Official. commercial power supply. Electric prewiring required for any non -electric appliances as applicable. FAQ Staff updated the Frequently Asked Questions factsheet presented at the last Council meeting. The FAQs now offer additional information on the reach codes, including: - The resilience of all -electric buildings during power outages. - The anticipated impact of reach codes on power loads. - Examples of electric appliances. - Details on proposed reach code exceptions including emphasis that no shade trees will need to be cut down for solar projects. Environmental Review Pursuant to Title 14 of the California Administrative Code, Section 15061 (b)(3), the reach code ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) on the grounds that these standards are more stringent than the state energy standards, and there are no reasonably foreseeable adverse impacts or significant effects on the environment. The California Energy Commission adopted a Negative Declaration (ND) for the 2019 California Energy Code (Title 24, Part 6), which analyzed the environmental impacts of the 2019 Energy Code. In November 2019, the California Restaurant Association sued the City of Berkeley in federal court after the City enacted a total ban on natural gas in new construction. That case is still pending. Also in November 2019, two developers filed separate lawsuits in state court against the Town of Windsor after the Town Council adopted an all -electric mandate for certain low-rise residential development. Both lawsuits, which are still pending, argue that the Town's invocation of CEQA exemptions was inappropriate and that the Town should have done a full environmental review. Of all the cities that have adopted reach codes, none have prepared a Negative Declaration (ND) or Environmental Impact Report (EIR) under CEQA. Next Steps The building electrification and solar provisions of the reach code represent local amendments to the state energy code. Therefore, should the City Council choose to adopt the proposed reach code ordinances, staff will submit the proposed reach code to the California Buildings Standards Commission and the California Energy Commission (CEC) for approval. Approval can take up to 7 Building Electrification Reach Code July 6, 2020 60 days. Staff has been working closely with PCE to ensure that the proposed reach code and cost-effectiveness studies meet the state standards for adopting local energy code amendments. The reach code will become effective upon approval by the CEC, which is estimated to occur in October 2020. Projects that have been submitted to the Planning Division or those that received entitlements prior to the ordinance effective date are not required to meet the all -electric requirements but should comply with the pre -wiring provision. If and when the reach code is adopted, staff will create and distribute outreach materials for building professionals and property owners, including: — A new development checklist given at the planning and building permit stages to ensure developers are aware of the expectations. — Updated City website information listing available trainings, case studies, and resources on building electrification. — Information on the website about available incentives and building industry technical assistance programs for building electrification such as from PCE, BayREN, and PG&E. FISCAL IMPACT Nominal fiscal impact related to outreach and education by staff is anticipated. Exhibits: • Proposed Ordinances • Reach Code Frequently Asked Questions H ORDINANCE NO. AN ORDINANCE OF THE CITY OF BURLINGAME ADOPTING AMENDMENTS TO THE MUNICIPAL CODE TO REQUIRE BUILDING ELECTRIFICATION, SOLAR ENERGY SYSTEMS, AND ELECTRIC VEHICLE INFRASTRUCTURE ON NEWLY CONSTRUCTED SINGLE FAMILY RESIDENCES TO REDUCE GREENHOUSE GAS EMISSIONS The City Council of the City of Burlingame ordains as follows: DIVISION 1. Factual Background WHEREAS, consensus exists among the world's leading climate scientists that climate change caused by greenhouse gas (GHG) emissions from human activities is among the most significant problems facing the world today; and WHEREAS, the City of Burlingame adopted a Climate Action Plan (CAP) that directs the City in reducing approximately 50,000 tons of GHG emissions by the year 2030 to meet reduction goals consistent with California's GHG targets; and WHEREAS, measures in the CAP aim to curb the use of fossil fuels, a primary contributor to GHG emissions, in buildings and transportation; and WHEREAS, reach codes that extend beyond the California building code are being adopted by cities region wide to accelerate GHG reductions from new construction by limiting the use of natural gas, increasing local solar production, and installing electric vehicle (EV) infrastructure to charge a greater number of EV's beyond state code requirements; and WHEREAS, Peninsula Clean Energy has provided support and technical resources to jurisdictions to adopt a reach code including model ordinances and cost effectiveness studies; and WHEREAS, Burlingame's reach code ordinance for single family residences is based on Peninsula Clean Energy's model reach code ordinances for building electrification, solar, and EV infrastructure; and WHEREAS, the assumptions for climate zones, building types, cost effectiveness, and the provisions of the model reach code are applicable to the City of Burlingame; and WHEREAS the reach code ordinance would implement at least three measures from the City's CAP; and WHEREAS, the City of Burlingame wishes to adopt the reach code ordinance to enhance building electrification, solar production, and EV infrastructure within the City as part of Title 18 of the Municipal Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES ORDAIN AS FOLLOWS: DIVISION 2. Amendments The City of Burlingame adopts the following local amendments to California Energy Code, 2019 Edition, Title 24, Part 6 of the California Code of Regulations: § 100.0 — Scope (e) Sections applicable to Single Family Residences. The proposed Ordinance shows where changes were made to the California Energy Code. Plain text is the State's code; underlined text shows additions; and strikethroughs indicate deletions. The Ordinance will be incorporated as a clean version without edits. TABLE 100.0-A and this subsection list the provisions of Part 6 that are applicable to different types of buildings covered by Section 100.0(a) All buildings. Sections 100.0 through 110.12 apply to all buildings. EXCEPTION to Section 100.0(e) 1: Spaces or requirements not listed in TABLE 100.0-A. 2. Newly constructed buildings A. All newly constructed buildings. Sections 110.0 through 110.12 apply to all newly constructed buildings within the scope of Section 100.0(a). In addition, newly constructed buildings shall meet the requirements of Subsections B, C, D or E, as applicable; and Single Family Residences shall be All -Electric Buildings as defined in Section 100.1(b). For the purposes of All -Electric Building requirements, newly constructed buildings as defined in Section 100.1 shall include newly constructed additions and improvements in existing buildings where more than 50 percent of the valuation of the existing structure is being remodeled, provided the remodel also includes a new heating, cooling, and ventilation system. The cost calculations for the additions/improvements shall be calculated utilizing current Burlingame average construction cost as determined by the Chief Building Official. Projects that have been submitted to the Planning Division or have been granted entitlements before the effective date of this ordinance are not required to meet the all -electric requirements. Exception 1: Single Family Residences may contain non -electric indoor and outdoor Cooking Appliances and Fireplaces. Exception 2: If the applicant established that an all -electric buildina is infeasible for the project due to exceptional or extraordinary circumstances particular to the project, then the Chief Building Official may grant a modification. The design professional shall submit findings demonstrating a unique reason that makes the technical code impractical, that the modification is in conformitv with the intent and purpose of the technical code. the modification shall be as narrow as possible so as to effectuate as much of a reduction in E natural gas as possible, and that such modification does not lessen health, life safety and fire safety requirements or any degree of structural integrity. If the Chief Building Official grants a modification pursuant to this Exception, the applicant shall comply with the pre -wiring provision of Note 1 below. Note 1: If natural gas appliances are used in any of the above exceptions, natural gas appliance locations must also be electrically pre -wired for future electric appliance installation. This shall include the followina: 1. A dedicated circuit, phased appropriately, for each appliance, with a minimum amperage requirement for a comparable electric appliance (see manufacturer's recommendations) with an electrical receptacle or function box that is connected to the electric panel with conductors of adequate capacity, extending to within 3 feet of the appliance and accessible with no obstructions. Appropriately sized conduit may be installed in lieu of conductors; and 2. Both ends of the conductor or conduit shall be labeled with the words "For Future Electric Appliance" and be electrically isolated; and 3. A circuit breaker shall be installed in the electrical panel for the branch circuit and labeled for each circuit "For Future Electric Range;" and 4. All electrical components, including conductors, receptacles, function boxes, or blank covers, related to this section shall be installed in accordance with the California Electrical Code. Note 2: If any of the exceptions are granted, the Chief Building Official shall have the authority to approve alternative materials, design and methods of construction or equipment per CBC 104. Section 100.1(b) is modified by adding the following definitions: ALL -ELECTRIC BUILDING: a building that has no natural gas or propane plumbing installed within the building, and that uses electricity as the source of energy for its space heating, water heating (including pools and spas), cooking appliances, and clothes drying appliances. All - Electric Buildings may include solar thermal pool heating. Section 110.2 is modified as follows: SECTION 110.2 — MANDATORY REQUIREMENTS FOR SPACE -CONDITIONING EQUIPMENT Certification by Manufacturers. Any space -conditioning equipment listed in this section, meeting the requirements of Section 100.0 (e)2A, may be installed so long as the manufacturer has certified to the Commission that the equipment complies with all the applicable requirements of this section. 3 Section 110.3 is modified as follows: SECTION 110.3 — MANDATORY REQUIREMENTS FOR SERVICE WATER -HEATING SYSTEMS AND EQUIPMENT (a) Certification by manufacturers. Any service water -heating system or equipment, meeting the requirements of Section 100.0 (e)2A, may be installed so long as the manufacturer has certified that the system or equipment complies with all of the requirements of this subsection for that system or equipment. Section 110.4 is modified as follows: SECTION 110.4 — MANDATORY REQUIREMENTS FOR POOL AND SPA SYSTEMS AND EQUIPMENT (a) Certification by Manufacturers. Any pool or spa heating system or equipment, meeting the requirements of Section 100.0 (e)2A, may be installed so long as the manufacturer has certified that the system or equipment has all of the following: Section 110.5 is modified as follows: SECTION 110.5 — NATURAL GAS CENTRAL FURNACES, COOKING EQUIPMENT, POOL AND SPA HEATERS, AND FIREPLACES: PILOT LIGHTS PROHIBITED Any natural gas system or equipment, meeting the requirements of Section 100.0 (e)2A listed below may be installed so long as it does not have a continuously burning pilot light: Local Amendments to the Green Building Code The proposed Ordinance shows where changes were made to the State Green Building Code. Plain text is the State's code; underlined text show additions; and strikethroughs indicate deletions. The Ordinance will be incorporated as a clean version without edits. SECTION 2 DEFINITIONS EV Capable: A parking space linked to a listed electrical panel with sufficient capacity to provide at least 110/120 volts and 20 amperes to the parking space. Raceways linking the electrical panel and parking space only need to be installed in spaces that will be inaccessible in the future, either trenched underground or where penetrations to walls, floors, or other partitions would otherwise be required for future installation of branch circuits. Raceways must be at least 1" in diameter and may be sized for multiple circuits as allowed by the California Electrical Code. The panel circuit directory shall identify the overcurrent protective device space(s) reserved for EV charging as "EV CAPABLE." Construction documents shall indicate future completion of raceway from the panel to the parking space, via the installed inaccessible raceways. IT Level 1 EV Ready Space: A parking space served by a complete electric circuit with a minimum of 110/120 volt, 20-ampere capacity including electrical panel capacity, overprotection device, a minimum 1" diameter raceway that may include multiple circuits as allowed by the California Electrical Code, wiring, and either a) a receptacle labelled "Electric Vehicle Outlet" with at least a'/2" font adjacent to the parking space, or b) electric vehicle supply equipment (EVSE). Level 2 EV Ready Space: A parking space served by a complete electric circuit with 208/240 volt, 40-ampere capacity including electrical panel capacity, overprotection device, a minimum 1" diameter raceway that may include multiple circuits as allowed by the California Electrical Code, wiring, and either a) a receptacle labelled "Electric Vehicle Outlet" with at least a'/2" font adjacent to the parking space, or b) electric vehicle supply equipment (EVSE) with a minimum output of 40 amperes. Electric Vehicle Charging Station (EVCS): A parking space that includes installation of electric vehicle supply equipment (EVSE) with a minimum capacity of 30 amperes connected to a circuit serving a Level 2 EV Ready space. EVCS installation may be used to satisfy a Level 2 EV Ready space requirement. SECTION 4 RESIDENTIAL MANDATORY MEASURES 4.106.4 Electric vehicle (EV) charging for new construction. New construction shall comply with Sections 4.106.4.1, 4.106.4.2, or 4.106.4.3 to facilitate future installation and use of EV chargers. Electric vehicle supply equipment (EVSE) shall be installed in accordance with the California Electrical Code, Article 625. Exceptions: 1. On a case -by -case basis, where the City has determined EV charging and infrastructure are not feasible based upon one or more of the following conditions: 1.1.1 Where there is no commercial power supply available to the designated parking area. 1 .1 .2 Where ,-tk ere ie inGe substantiating that meeting the requirements will alter the 10Eal utility infra_ ctn Gt ire idecinn rerYi iirements on the utility side of the meter se as #e innrease the utility side nest #e the hemeewner er the ldeyelener by mere than $400 nn per dwelling unit. 1.1.3 The construction is for an Accessory Dwelling Units (ADU) or Junior Accessory Dwelling Unit (JADU) without additional parking facilities. 4.106.4.1 New one- and two-family dwellings and townhouses with attached private garages. 5 For each dwelling unit, install at least two EV Ready Spaces, including at least one Level 2 EV Ready space as described in Section 2 Definitions. listed ranewa„ to aGGOrnmedate a rderdiGated 209/240 velt branGh GirGUit. The raGeway shall net be less than trade size 1 (neminal 1 inGh i nsirde rdiameter\ The raeewa y shall eriginate at the main serViee er subpanel and s_a� terminate onto a listed Gabinet, box or other enGIGSUre on Glese proximity to the proposed IeGatien GenGealed areas and spaGes. The — V1-- P-11"VI and/or subpanel shall provide GapaGity tO install hrannh nirni iit eyerni irrent nretentiye rdeyine Exception: For each dwelling unit with only one parking space, only one Level 2 EV Ready space is required. 4.106.4.1.1 Identification. The senii^e panel er sub panel ^ir^Uit ,dire Gt„n, shall identify the CAPABLE"The raceway termination location shall be permanently and visibly marked as !LF--V CAPABLE" "Level 2 EV Ready". 4.106.4.2.1.1 Electric vehicle charging stations (EVCS). When EV chargers are installed, EV spaces required by Section 4.106.4.2.2, Item 3, shall comply with at least one of the following options: 1. The EV space shall be located adjacent to an accessible parking space meeting the requirements of the California Building Code, Chapter 11A, to allow use of the EV charger from the accessible parking space. 2. The EV space shall be located on an accessible route, as defined in the California Building Code, Chapter 2, to the building. Exception: Electric vehicle charging stations designed and constructed in compliance with the California Building Code, Chapter 11 B, are not required to comply with Section 4.106.4.2.1.1 and Section 4.106.4.2.2, Item 3. Note: Electric vehicle charging stations serving public housing are required to comply with the California Building Code, Chapter 11 B. [: eveFGUrrent preteGtive deviGe spaGe(s) reserved for future EV Gharging purposes as "EA! CAPABLE" in aceerdanoe with the Galmforn'a €leGtFiGal Cede. —Refer to Section 2 Definitions for -identification reauirements. DIVISION 3: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. DIVISION 4: This Ordinance is exempt from the environmental review requirements of CEQA pursuant to Section 15061 (b)(3) of Title 14 of the California Code of Regulations because it can be seen with certainty that there is no possibility that the provisions contained herein may have a significant effect on the environment. Further, the Ordinance is also exempt from the requirements of CEQA pursuant to CEQA Guidelines Sections 15307 and 15308 of Title 14 of the California Code of Regulations as actions taken by regulatory agencies to assure the maintenance, restoration, enhancement of natural resources, or protection of the environment. DIVISION 5: This Ordinance shall be published in a newspaper of general circulation in accordance with California Government Code Section 36933, published, and circulated in the City of Burlingame, and shall be in full force and effect following approval by the California Energy Commission. Emily Beach, Mayor I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame, certify that the foregoing ordinance was introduced at a public hearing at a regular meeting of the City Council held on 7 the 6th day of July, 2020, and adopted thereafter at a regular meeting of the City Council held on the 17th day of August 2020, by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: Meaghan Hassel -Shearer, City Clerk E ORDINANCE NO. AN ORDINANCE OF THE CITY OF BURLINGAME ADOPTING AMENDMENTS TO THE MUNICIPAL CODE TO REQUIRE BUILDING ELECTRIFICATION, SOLAR ENERGY SYSTEMS, AND ELECTRIC VEHICLE INFRASTRUCTURE ON NEWLY CONSTRUCTED MULTIFAMILY BUILDINGS TO REDUCE GREENHOUSE GAS EMISSIONS The City Council of the City of Burlingame ordains as follows: DIVISION 1. Factual Background WHEREAS, consensus exists among the world's leading climate scientists that climate change caused by greenhouse gas (GHG) emissions from human activities is among the most significant problems facing the world today; and WHEREAS, the City of Burlingame adopted a Climate Action Plan (CAP) that directs the City in reducing approximately 50,000 tons of GHG emissions by the year 2030 to meet reduction goals consistent with California's GHG targets; and WHEREAS, measures in the CAP aim to curb the use of fossil fuels, a primary contributor to GHG emissions, in buildings and transportation; and WHEREAS, reach codes that extend beyond the California building code are being adopted by cities region wide to accelerate GHG reductions from new construction by limiting the use of natural gas, increasing local solar production, and installing electric vehicle (EV) infrastructure to charge a greater number of EV's beyond state code requirements; and WHEREAS, Peninsula Clean Energy has provided support and technical resources to jurisdictions to adopt a reach code including model ordinances and cost effectiveness studies; and WHEREAS, Burlingame's reach code ordinance for multifamily buildings is based on Peninsula Clean Energy's model reach code ordinances for building electrification, solar, and EV infrastructure; and WHEREAS, the assumptions for climate zones, building types, cost effectiveness, and the provisions of the model reach code are applicable to the City of Burlingame; and WHEREAS the reach code ordinance would implement at least three measures from the City's CAP; and WHEREAS, the City of Burlingame wishes to adopt the reach code ordinance to enhance building electrification, solar production, and EV infrastructure within the City as part of Title 18 of the Municipal Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES ORDAIN AS FOLLOWS: DIVISION 2. Amendments The City of Burlingame adopts the following local amendments to California Energy Code, 2019 Edition, Title 24, Part 6 of the California Code of Regulations: § 100.0 — Scope (e) Sections applicable to Multifamily Buildings. The proposed Ordinance shows where changes were made to the California Energy Code. Plain text is the State's code; underlined text shows additions; and strikethroughs indicate deletions. The Ordinance will be incorporated as a clean version without edits. TABLE 100.0-A and this subsection list the provisions of Part 6 that are applicable to different types of buildings covered by Section 100.0(a). All buildings. Sections 100.0 through 110.12 apply to all buildings. EXCEPTION to Section 100.0(e) 1: Spaces or requirements not listed in TABLE 100.0-A. 2. Newly constructed buildings A. All newly constructed buildings. Sections 110.0 through 110.12 apply to all newly constructed buildings within the scope of Section 100.0(a). In addition, newly constructed buildings shall meet the requirements of Subsections B, C, D or E, as applicable; and Multifamily Buildings shall be All -Electric Buildings as defined in Section 100.1(b). Projects that have been submitted to the Planning Division or have been granted entitlements before the effective date of this ordinance are not required to meet the all -electric requirements. Exception 1: If the applicant established that an all -electric building is infeasible for the project due to exceptional or extraordinary circumstances particular to the project, then the Chief Building Official may grant a modification. The design professional shall submit findings demonstrating a unique reason that makes the technical code impractical, that the modification is in conformity with the intent and purpose of the technical code, the modification shall be as narrow as possible so as to effectuate as much of a reduction in natural gas as possible, and that such modification does not lessen health, life safety and fire safety requirements or any degree of structural integrity. If the Chief Building - Official grants a modification pursuant to this Exception, the applicant shall comply with the pre -wiring provision of Note 1 below. Note 1: If natural gas appliances are used in any of the above exceptions, natural gas apDliance locations must also be electrically pre -wired for future electric agDliance installation. This shall include the fol K 1. A dedicated circuit, phased appropriately, for each appliance, with a minimum amperage requirement for a comparable electric appliance (see manufacturer's recommendations) with an electrical receptacle or function box that is connected to the electric panel with conductors of adequate capacity, extending to within 3 feet of the appliance and accessible with no obstructions. Appropriately sized conduit may be installed in lieu of conductors; and 2. Both ends of the conductor or conduit shall be labeled with the words "For Future Electric Appliance" and be electrically isolated; and 3. A circuit breaker shall be installed in the electrical panel for the branch circuit and labeled for each circuit "For Future Electric Range;" and 4. All electrical components, including conductors, receptacles, function boxes, or blank covers, related to this section shall be installed in accordance with the California Electrical Code. Note 2: If any of the exceptions are granted, the Chief Building Official shall have the authority to approve alternative materials, design and methods of construction or equipment per CBC 104. Section 100.1(b) is modified by adding the following definitions: ALL -ELECTRIC BUILDING: is a building that has no natural gas or propane plumbing installed within the building, and that uses electricity as the source of energy for its space heating, water heating (including pools and spas), cooking appliances, and clothes drying appliances. All - Electric Buildings may include solar thermal pool heating. Section 110.2 is modified as follows: SECTION 110.2 — MANDATORY REQUIREMENTS FOR SPACE -CONDITIONING EQUIPMENT Certification by Manufacturers. Any space -conditioning equipment listed in this section, meeting the requirements of Section 100.0 (e)2A, may be installed so long as the manufacturer has certified to the Commission that the equipment complies with all the applicable requirements of this section. Section 110.3 is modified as follows: SECTION 110.3 —MANDATORY REQUIREMENTS FOR SERVICE WATER -HEATING SYSTEMS AND EQUIPMENT (a) Certification by manufacturers. Any service water -heating system or equipment, meeting the requirements of Section 100.0 (e)2A, may be installed so long as the manufacturer has certified that the system or equipment complies with all of the requirements of this subsection for that system or equipment. 3 Section 110.4 is modified as follows: SECTION 110.4 — MANDATORY REQUIREMENTS FOR POOL AND SPA SYSTEMS AND EQUIPMENT (a) Certification by Manufacturers. Any pool or spa heating system or equipment, meeting the requirements of Section 100.0 (e)2A, may be installed so long as the manufacturer has certified that the system or equipment has all of the following: Section 110.5 is modified as follows: SECTION 110.5 — NATURAL GAS CENTRAL FURNACES, COOKING EQUIPMENT, POOL AND SPA HEATERS, AND FIREPLACES: PILOT LIGHTS PROHIBITED Any natural gas system or equipment, meeting the requirements of Section 100.0 (e)2A, listed below may be installed so long as it does not have a continuously burning pilot light: Section 110.10 is modified as follows: SECTION 110.10 — MANDATORY REQUIREMENTS FOR SOLAR READY BUILDINGS AND SOLAR PANEL SYSTEM REQUIREMENTS FOR NEW BUILDINGS (a) Covered Occupancies. 1. Single Family Residences. Single family residences located in subdivisions with ten or more single family residences and where the application for a tentative subdivision map for the residences has been deemed complete approved by the City, which do not have a photovoltaic system installed, shall comply with the requirements of Section 110.10(b) through 110.10(e). 2. Low-rise Multifamily Buildings. Low-rise multi -family buildings that do not have a photovoltaic system installed shall comply with the requirements of Section 110.10(b) through 110.10(d). 3. Hotel/Motel Occupancies and High-rise Multifamily Buildings. Hotel/motel occupancies and high-rise multifamily buildings with ten habitable stories or fewer shall comply with the requirements of Section 110.10(b) through 110.10(d) and Table 110.10-A. 4. Nonresidential Buildings. Nonresidential buildings with three habitable stories or fewer, other than healthcare facilities, shall comply with the requirements of Section 110.10(b) through 110.10(d). C! i EXCEPTION: As an alternative to a solar PV system, the building type may provide a solar hot water system (solar thermal) with a minimum collector area of 40 square feet, additional to any other solar thermal equipment otherwise required for compliance with Part 6. (b) Solar Zone. 1. Minimum Solar Zone Area. The solar zone shall have a minimum total area as described below. The solar zone shall comply with access, pathway, smoke ventilation, and spacing requirements as specified in Title 24, Part 9 or other Parts of Title 24 or in any requirements adopted by a local jurisdiction. The solar zone total area shall be comprised of areas that have no dimension less than five feet and are no less than 80 square feet each for buildings with roof areas less than or equal to 10,000 square feet or no less than 160 square feet each for buildings with roof areas greater than 10,000 square feet. A. Single Family Residences. The solar zone shall be located on the roof or overhang of the building and have a total area no less than 250 square feet. Exception 1 to Section 110.10(b)1A: Single family residences with a permanently installed domestic solar water -heating system meeting the installation criteria specified in the Reference Residential Appendix RA4 and with a minimum solar savings fraction of 0.50. Exception 2 to Section 110.10(b)1A: Single family residences with three habitable stories or more and with a total floor area less than or equal to 2000 square feet and having a solar zone total area no less than 150 square feet. Exception 3 to Section 110.10(b)1A: Single family residences located in the Wildland-Urban Interface Fire Area as defined in Title 24, Part 2 and having a whole house fan and having a solar zone total area no less than 150 square feet. Exception 4 to Section 110.10(b)1A: Buildings with a designated solar zone area that is no less than 50 percent of the potential solar zone area. The potential solar zone area is the total area of any low -sloped roofs where the annual solar access is 70 percent or greater and any steep -sloped roofs oriented between 90 degrees and 300 degrees of true north where the annual solar access is 70 percent or greater. Solar access is the ratio of solar insolation including shade to the solar insolation without shade. Shading from obstructions located on the roof or any other part of the building shall not be included in the determination of annual solar access. Exception 5 to Section 110.10(b)1A: Single family residences having a solar zone total area no less than 150 square feet and where all thermostats are demand responsive controls and comply with Section 110.12(a), and are capable of receiving and responding to Demand Response Signals prior to granting of an occupancy permit by the City. 5 Exception 6 to Section 110.10(b)1A: Single family residences meeting each of the following conditions: A. All thermostats are demand responsive controls that comply with Section 110.12(a), and are capable of receiving and responding to Demand Response Signals prior to granting of an occupancy permit by the City; and B. A minimum of one of the following measures: i. Install a dishwasher that meets or exceeds the ENERGY STAR Program requirements with a refrigerator that meets or exceeds the ENERGY STAR Program requirements, a whole house fan driven by an electronically commutated motor, or an SAE J1772 Level 2 Electric Vehicle Supply Equipment (EVSE or EV Charger) with a minimum of 40 amperes; or ii. Install a home automation system capable of, at a minimum, controlling the appliances and lighting of the dwelling and responding to demand response signals; or iii. Install alternative plumbing piping to permit the discharge from the clothes washer and all showers and bathtubs to be used for an irrigation system in compliance with the California Plumbing Code and any applicable local ordinances; or iv. Install a rainwater catchment system designed to comply with the California Plumbing Code and any applicable local ordinances, and that uses rainwater flowing from at least 65 percent of the available roof area. B. Low-rise and High-rise Multifamily Buildings, Hotel/Motel Occupancies, and Nonresidential Buildings. The solar zone shall be located on the roof or overhang of the building or on the roof or overhang of another structure located within 250 feet of the building or on covered parking installed with the building project, and shall have a total area no less than 15 percent of the total roof area of the building excluding any skylight area. The solar zone requirement is applicable to the entire building, including mixed occupancy. Exception 1 to Section 110.10(b)1 B: High-rise Multifamily Buildings, Hotel/Motel Occupancies, and Nonresidential Buildings with a permanently installed solar electric system having a nameplate DC power rating, measured under Standard Test Conditions, of no less than one watt per square foot of roof area. Exception 2 to Section 110.10(b)1 B: High-rise multifamily buildings, hotel/motel occupancies with a permanently installed domestic solar water -heating system complying with Section 150.1(c)8Biii. and which provide an additional collector area of 40 sauare feet. Exception 3 to Section 110.10(b)1 B: Buildings with a designated solar zone area that is no less than 50 percent of the potential solar zone area. The potential solar zone area is the total area of any low -sloped roofs where the annual solar access is 70 percent or greater and any steep -sloped roofs oriented between 90 degrees and 300 degrees of true north where the annual solar access is 70 percent or greater. Solar access is the ratio of solar insolation including shade to the solar insolation without shade. Shading from obstructions located on the roof or any other part of the building shall not be included in the determination of annual solar access. Exception 4 to Section 110.10(b)1 B: Low-rise and high-rise multifamily buildings in which all thermostats in each dwelling unit include demand response controls that comply with Section 110.12(a), and are capable of receiving and responding to Demand Response Signals prior to granting of an occupancy permit by the City. In addition, those applying for this exception must also satisfy either A or B below: A. In each dwelling unit, comply with one of the following measures: i. Install a dishwasher that meets or exceeds the ENERGY STAR Program requirements with either a refrigerator that meets or exceeds the ENERGY STAR Program requirements or a whole house fan driven by an electronically commutated motor; or ii. Install a home automation system that complies with Section 110.12(a) and is capable of, at a minimum, controlling the appliances and lighting of the dwelling and responding to demand response signals; or iii. Install alternative plumbing piping to permit the discharge from the clothes washer and all showers and bathtubs to be used for an irrigation system in compliance with the California Plumbing Code and any applicable local ordinances; or iv. Install a rainwater catchment system designed to comply with the California Plumbing Code and any applicable local ordinances, and that uses rainwater flowing from at least 65 percent of the available roof area. B. Meet the Title 24, Part 11, Section A4.106.8.2 requirements for electric vehicle charging spaces. EXCEPTION 5 to Section 110.10(b)1 B: Buildings where the roof is designed and approved to be used for vehicular traffic or parking or for a heliport. 7 Exception 6 to Section 110.10(b)1 B: Vegetative roofs covering 35 percent of the roof area or greater, meeting all relevant code requirements including considerations for wind, fire, and structural loads. Exception 7 to Section 110.10(b)1 B: Performance equivalency approved by the Chief Building Official. 2. Azimuth. All sections of the solar zone located on steep -sloped roofs shall be oriented between 90 degrees and 300 degrees of true north. 3. Shading. A. No obstructions, including but not limited to, vents, chimneys, architectural features, and roof mounted equipment, shall be located in the solar zone. B. Any obstruction, located on the roof or any other part of the building that projects above a solar zone shall be located at least twice the distance, measured in the horizontal plane, of the height difference between the highest point of the obstruction and the horizontal projection of the nearest point of the solar zone, measured in the vertical plane. EXCEPTION to Section 110.10(b)3: Any roof obstruction, located on the roof or any other part of the building, that is oriented north of all points on the solar zone. C. The solar zone needs to account for shading from obstructions that may impact the area required in 110.10(b)1 B. When the Chief Building Official determines that conditions exist where excessive shading occurs and solar zones cannot be met, a performance equivalency approved by the Chief Building Official may be used as an alternative_ 4. Structural Design Loads on Construction Documents. For areas of the roof designated as solar zone, the structural design loads for roof dead load and roof live load shall be clearly indicated on the construction documents. NOTE: Section 110.10(b)4 does not require the inclusion of any collateral loads for future solar energy systems. (c) Interconnection Pathways. 1. The construction documents shall indicate a location reserved for inverters and metering equipment and a pathway reserved for routing of conduit from the solar zone to the point of interconnection with the electrical service. 2. For single family residences and central water -heating systems, the construction documents shall indicate a pathway for routing of plumbing from the solar zone to the water -heating system. (d) Documentation. A copy of the construction documents or a comparable document indicating the information from Sections 110.10(b) through 110.10(c) shall be provided to the occupant. (e) Main Electrical Service Panel. H; 1. The main electrical service panel shall have a minimum busbar rating of 200 amps. 2. The main electrical service panel shall have a reserved space to allow for the installation of a double pole circuit breaker for a future solar electric installation. The reserved space shall be permanently marked as "For Future Solar Electric". Local Amendments to the Green Building Code The proposed Ordinance shows where changes were made to the State Green Building Code. Plain text is the State's code; underlined text show additions; and strikethroughs indicate deletions. The Ordinance will be incorporated as a clean version without edits. SECTION 2 DEFINITIONS EV Capable: A parking space linked to a listed electrical panel with sufficient capacity to provide at least 110/120 volts and 20 amperes to the parking space. Raceways linking the electrical panel and parking space only need to be installed in spaces that will be inaccessible in the future, either trenched underground or where penetrations to walls, floors, or other partitions would otherwise be required for future installation of branch circuits. Raceways must be at least 1" in diameter and may be sized for multiple circuits as allowed by the California Electrical Code. The panel circuit directory shall identify the overcurrent protective device space(s) reserved for EV charging as "EV CAPABLE." Construction documents shall indicate future completion of raceway from the panel to the parking space, via the installed inaccessible raceways. Level 1 EV Ready Space: A parking space served by a complete electric circuit with a minimum of 110/120 volt, 20-ampere capacity including electrical panel capacity, overprotection device, a minimum 1" diameter raceway that may include multiple circuits as allowed by the California Electrical Code, wiring, and either a) a receptacle labelled "Electric Vehicle Outlet" with at least a'/2" font adjacent to the parking space, or b) electric vehicle supply equipment (EVSE). Level 2 EV Ready Space: A parking space served by a complete electric circuit with 208/240 volt, 40-ampere capacity including electrical panel capacity, overprotection device, a minimum 1" diameter raceway that may include multiple circuits as allowed by the California Electrical Code, wiring, and either a) a receptacle labelled "Electric Vehicle Outlet" with at least a'/2" font adjacent to the parking space, or b) electric vehicle supply equipment (EVSE) with a minimum output of 40 amperes. Electric Vehicle Charging Station (EVCS): A parking space that includes installation of electric vehicle supply equipment (EVSE) with a minimum capacity of 30 amperes connected to a circuit serving a Level 2 EV Ready space. EVCS installation may be used to satisfy a Level 2 EV Ready space requirement. M Automatic Load Management Systems (ALMS): (ALMS) A control system that allows multiple EV chargers or EV Ready electric vehicle outlets to share a circuit or panel and automatically reduce power at each charger, providing the opportunity to reduce electrical infrastructure costs and/or provide demand response capability. ALMS systems must be designed to deliver at least 1.4kW to each EV Capable, EV Ready or EVCS space served by the ALMS. SECTION 4 RESIDENTIAL MANDATORY MEASURES 4.106.4 Electric vehicle (EV) charging for new construction. New construction shall comply with Sections 4.106.4.1, 4.106.4.2, or 4.106.4.3 to facilitate future installation and use of EV chargers. Electric vehicle supply equipment (EVSE) shall be installed in accordance with the California Electrical Code, Article 625. Exceptions: On a case -by -case basis, where the City has determined EV charging and infra- structure are not feasible based upon one or more of the following conditions: 1.1 Where there is no commercial power supply available to the designated parking area. Where there is ev0denGe substantiating that meeting the requirements will alte the leGal utility infra StrUGtUre design —1-i—nents en the utility side ef the mete than $400 nn per dwelling unit. 1.2 Spaces accessible only by automated mechanical car parking systems are excepted from providing EV charging infrastructure. 2. The construction is for an Accessory Dwelling Units (ADU) or Junior Accessory Dwelling Unit (JADU) without additional parking facilities. 4.106.4.1.1 Identification. The ser„iGe panel er sub panel ^ir^„i+ d4re Gter„ shall identify the CAPABLE" The raceway termination location shall be permanently and visibly marked as V CAPABLE" "Level 2 EV Ready". 4.106.4.2 New multifamily dwellings. ifn residential parking is available, ten (10) perGen+ in total number of parking spaGes OR a building site, provided for all types of parking faGilities, shall GaIGUlatiens fer the required number ef EV spaGes shall be reunded up te the nearest whele nuer. The following requirements apply to all new multifamily dwellings: 1. 10 percent of the dwelling units with parking space(s) shall be provided with at least one Level 2 EV Ready space. Calculations for the required minimum number of Level 2 EV Ready spaces shall be rounded up to the nearest whole number. 10 2. The remaining dwelling units with parking space(s) shall be provided with at least one Level 1 EV Ready space and have conduit installed to accommodate potential future Level 2 charging demands. One Level 1 EV Ready outlet may be shared between two units. Notes: GapaGity feF fnnilitating future EV nhaFging Thorn is no Feq iiromont foF EV spaces to be nnnstn irted of available until EV nhaFgeFs aFe installed for use 1. ALMS may be installed to decrease electrical service and transformer costs associated with EV Charging Equipment subject to review by the Chief Building Official. 2. Installation of Level 2 EV Ready spaces above the minimum number required level will offset the minimum number of Level 1 EV Ready spaces required on a 1:1 basis. 3. The requirements apply to multifamily buildings with parking spaces including: a) assigned or leased to individual dwelling units, and b) unassigned residential parking. 4. The Chief Building Official may consider allowing exceptions, on a case by case basis, if a building permit applicant provides documentation detailing that the increased cost of utilitv service or on -site transformer caoacity would exceed an average of $4,500 among parking spaces with Level 2 EV Ready spaces and Level 1 EV Ready spaces. If costs are found to exceed this level, the applicant shall provide EV infrastructure up to a level that would not exceed this cost for utility service or on -site transformer capacity. 5. In order to adhere to accessibility requirements in accordance with California Buildina Code Chapters 11A and/or 11B. it is recommended that all accessible parking spaces for covered newly constructed multifamily dwellings are provided with Level 1 or Level 2 EV Ready spaces. 4.106.4.2.1.1 Electric vehicle charging stations (EVCS). When EV chargers are installed, EV spaces required by Section 4.106.4.2.2, Item 3, shall comply with at least one of the following options: 1. The EV space shall be located adjacent to an accessible parking space meeting the requirements of the California Building Code, Chapter 11A, to allow use of the EV charger from the accessible parking space. 2. The EV space shall be located on an accessible route, as defined in the California Building Code, Chapter 2, to the building. Exception: Electric vehicle charging stations designed and constructed in compliance with the California Building Code, Chapter 11 B, are not required to comply with Section 4.106.4.2.1.1 and Section 4.106.4.2.2, Item 3. 11 Note: Electric vehicle charging stations serving public housing are required to comply with the California Building Code, Chapter 11 B. 4.106.4.2.2 Electric vehicle charging space (EV space) dimensions. -The EV spaces shall be designed to comply with the following: 1. The minimum length of each EV space shall be 18 feet (5486 mm). 2. The minimum width of each EV space shall be 9 feet (2743 mm). 3. One in every 25 EV spaces, but not less than one, shall also have an 8-foot (2438 mm) wide minimum aisle. A 5-foot (1524 mm) wide minimum aisle shall be permitted provided the minimum width of the EV space is 12 feet (3658 mm). a) Surface slope for this EV space and the aisle shall not exceed 1 unit vertical in 48 units horizontal (2.083 percent slope) in any direction. 4. New construction shall meet the minimum EV spaces dimensions reauired by the California Building Codes and comply with 2019 CBC Section 11 B-812 and Table 11 B-228.3.2.1. The dimensions for additional charging spaces shall be governed by the Burlingame Municipal Code and Zoning Ordinance. O,00n�maEEerdaRGe with the GaInfern'a E!eGtTGal Cede. —Refer to Section 2 Definitions for -identification requirements. DIVISION 3: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this 12 Ordinance. The Council declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. DIVISION 4: This Ordinance is exempt from the environmental review requirements of CEQA pursuant to Section 15061 (b)(3) of Title 14 of the California Code of Regulations because it can be seen with certainty that there is no possibility that the provisions contained herein may have a significant effect on the environment. Further, the Ordinance is also exempt from the requirements of CEQA pursuant to CEQA Guidelines Sections 15307 and 15308 of Title 14 of the California Code of Regulations as actions taken by regulatory agencies to assure the maintenance, restoration, enhancement of natural resources, or protection of the environment. DIVISION 5- This Ordinance shall be published in a newspaper of general circulation in accordance with California Government Code Section 36933, published, and circulated in the City of Burlingame, and shall be in full force and effect following approval by the California Energy Commission. Emily Beach, Mayor I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame, certify that the foregoing ordinance was introduced at a public hearing at a regular meeting of the City Council held on the 6th day of July, 2020, and adopted thereafter at a regular meeting of the City Council held on the 17th day of August 2020, by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: Meaghan Hassel -Shearer, City Clerk 13 ORDINANCE NO. AN ORDINANCE OF THE CITY OF BURLINGAME ADOPTING AMENDMENTS TO THE MUNICIPAL CODE TO REQUIRE BUILDING ELECTRIFICATION, SOLAR ENERGY SYSTEMS, AND ELECTRIC VEHICLE INFRASTRUCTURE ON NEWLY CONSTRUCTED NONRESIDENTIAL BUILDINGS TO REDUCE GREENHOUSE GAS EMISSIONS The City Council of the City of Burlingame ordains as follows: DIVISION 1. Factual Background WHEREAS, consensus exists among the world's leading climate scientists that climate change caused by greenhouse gas (GHG) emissions from human activities is among the most significant problems facing the world today; and WHEREAS, the City of Burlingame adopted a Climate Action Plan (CAP) that directs the City in reducing approximately 50,000 tons of GHG emissions by the year 2030 to meet reduction goals consistent with California's GHG targets; and WHEREAS, measures in the CAP aim to curb the use of fossil fuels, a primary contributor to GHG emissions, in buildings and transportation; and WHEREAS, reach codes that extend beyond the California building code are being adopted by cities region wide to accelerate GHG reductions from new construction by limiting the use of natural gas, increasing local solar production, and installing electric vehicle (EV) infrastructure to charge a greater number of EV's beyond state code requirements; and WHEREAS, Peninsula Clean Energy has provided support and technical resources to jurisdictions to adopt a reach code including model ordinances and cost-effectiveness studies; and WHEREAS, Burlingame's reach code ordinance for nonresidential buildings is based on Peninsula Clean Energy's model reach code ordinances for building electrification, solar, and EV infrastructure; and WHEREAS, the assumptions for climate zones, building types, cost effectiveness, and the provisions of the model reach code are applicable to the City of Burlingame; and WHEREAS the reach code ordinance would implement at least three measures from the City's CAP; and WHEREAS, the City of Burlingame wishes to adopt the reach code ordinance to enhance building electrification, solar production, and EV infrastructure within the city as part of Title 18 of the Municipal Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES ORDAIN AS FOLLOWS: DIVISION 2. Amendments The City of Burlingame adopts the following local amendments to California Energy Code, 2019 Edition, Title 24, Part 6 of the California Code of Regulations: § 100.0 — Scope (e) Sections applicable to Nonresidential Buildings. The proposed Ordinance shows where changes were made to the California Energy Code. Plain text is the State's code; underlined text shows additions; and strikethroughs indicate deletions. The Ordinance will be incorporated as a clean version without edits. TABLE 100.0-A and this subsection list the provisions of Part 6 that are applicable to different types of buildings covered by Section 100.0(a). All buildings. Sections 100.0 through 110.12 apply to all buildings. EXCEPTION to Section 100.0(e) 1: Spaces or requirements not listed in TABLE 100.0-A. 2. Newly constructed non-residential buildings A. All newly constructed buildings. Sections 110.0 through 110.12 apply to all newly constructed buildings within the scope of Section 100.0(a. In addition, newly constructed buildings shall meet the requirements of Subsections B, C, D or E, as applicable; and Nonresidential Buildings shall be All -Electric Buildings as defined in Section 100.1(b). Exception 1: Projects that have been submitted to the Planning Division or have been granted entitlements before the effective date of this ordinance are not required to meet the all -electric requirements. If the Chief Building Official grants a modification pursuant to this Exception, the applicant shall comply with the pre - wiring provision of Note 1 below. Exception 2: Non-residential buildings containing a for -profit restaurant open to the public or a commercial kitchen may install non -electric cooking appliances. Exception 3: If the applicant established that an all -electric building is infeasible for the project due to outstanding circumstances, then the Chief Building Official may grant a modification. The design professional shall submit findings demonstrating a unique reason that makes the technical code impractical, and that the modification is in conformity with the intent and purpose of the technical code, and that such modification does not lessen health, life safety and fire safety requirements or any degree of structural integrity. If the Chief Building Official grants a modification pursuant to this Exception, the applicant shall comply with the pre -wiring provision of Note 1 below. K Note 1: If natural gas appliances are used in any of the above exceptions, natural gas appliance locations must also be electrically pre -wired for future electric appliance installation. These locations shall include the following: 1. A dedicated circuit, phased appropriately, for each appliance, with a minimum amperage requirement for a comparable electric appliance (see manufacturer's recommendations) with an electrical receptacle or !unction box that is connected to the electric panel with conductors of adequate capacity, extending to within 3 feet of the appliance and accessible with no obstructions. Appropriately sized conduit may be installed in lieu of conductors; 2. Both ends of the conductor or conduit shall be labeled with the words "For Future Electric Appliance" and be electrically isolated: 3. A circuit breaker shall be installed in the electrical panel for the branch circuit and labeled for each circuit; an example is as follows: "For Future Electric Range;" and 4. All electrical components, including conductors, receptacles, !unction boxes, or blank covers, related to this section shall be installed in accordance with the California Electrical Code. Note 2: If any of the exceptions are granted, the Chief Building Official shall have the authority to approve alternative materials, design and methods of construction or equipment per CBC 104. Section 100.1(b) is modified to add the following definition: ALL -ELECTRIC BUILDING: a building that has no natural gas or propane plumbing installed within the building, and that uses electricity as the source of energy for its space heating, water heating (including pools and spas), cooking appliances, and clothes drying appliances. All - Electric Buildings may include solar thermal pool heating. Section 110.2 is modified as follows: SECTION 110.2 — MANDATORY REQUIREMENTS FOR SPACE -CONDITIONING EQUIPMENT Certification by manufacturers. Any space -conditioning equipment listed in this section, meeting the requirements of Section 100.0 (e)2A, may be installed only if the manufacturer has certified to the Commission that the equipment complies with all the applicable requirements of this section. Section 110.3 is modified as follows: SECTION 110.3 —MANDATORY REQUIREMENTS FOR SERVICE WATER -HEATING SYSTEMS AND EQUIPMENT 3 (a) Certification by manufacturers. Any service water -heating system or equipment, meeting the requirements of Section 100.0 (e)2A, may be installed only if the manufacturer has certified that the system or equipment complies with all of the requirements of this subsection for that system or equipment. Section 110.4 is modified as follows: SECTION 110.4 — MANDATORY REQUIREMENTS FOR POOL AND SPA SYSTEMS AND EQUIPMENT (a) Certification by manufacturers. Any pool or spa heating system or equipment, meeting the requirements of Section 100.0 (e)2A, may be installed only if the manufacturer has certified that the system or equipment has all of the following: Section 110.5 is modified as follows: SECTION 110.5 — NATURAL GAS CENTRAL FURNACES, COOKING EQUIPMENT, POOL AND SPA HEATERS, AND FIREPLACES: PILOT LIGHTS PROHIBITED Any natural gas system or equipment, meeting the requirements of Section 100.0 (e)2A, listed below may be installed only if it does not have a continuously burning pilot light: Section 110.10 is modified as follows: SECTION 110.10 — MANDATORY REQUIREMENTS FOR SOLAR READY BUILDINGS AND SOLAR PANEL SYSTEM REQUIREMENTS FOR NON-RESIDENTIAL NEW BUILDINGS (a) Covered Occupancies. 1. Single Family Residences. Single family residences located in subdivisions with ten or more single family residences and where the application for a tentative subdivision map for the residences has been deemed complete approved by the enforcement agency, which do not have a photovoltaic system installed, shall comply with the requirements of Section 110.10(b) through 110.10(e). 2. Low-rise Multifamily Buildings. Low-rise multi -family buildings that do not have a photovoltaic system installed shall comply with the requirements of Section 110.10(b) through 110.10(d). 3. Hotel/Motel Occupancies and High-rise Multifamily Buildings. Hotel/motel occupancies and high-rise multifamily buildings with ten habitable stories or fewer shall comply with the requirements of Section 110.10(b) through 110.10(d). 4. Nonresidential Buildings. Nonresidential buildings with three habitable stories or fewer, other than healthcare facilities, shall comply with the requirements of Section 110.10(b) through 110.10(d) and Table 110.10-A. C! Less than 10,000 sq. ft. Greater than or equal to 10,000 sq. ft Minimum of 3-kilowatt PV system Minimum of 5-kilowatt PV system EXCEPTION: As an alternative to a solar PV system, the building type may provide a solar hot water system (solar thermal) with a minimum collector area of 40 square feet, additional to any other solar thermal equipment otherwise required for compliance with Part 6. (b) Solar Zone. 1. Minimum Solar Zone Area. The solar zone shall have a minimum total area as described below. The solar zone shall comply with access, pathway, smoke ventilation, and spacing requirements as specified in Title 24, Part 9 or other Parts of Title 24 or in any requirements adopted by a local jurisdiction. The solar zone total area shall be comprised of areas that have no dimension less than five feet and are no less than 80 square feet each for buildings with roof areas less than or equal to 10,000 square feet or no less than 160 square feet each for buildings with roof areas greater than 10,000 square feet. A. Single Family Residences. The solar zone shall be located on the roof or overhang of the building and have a total area no less than 250 square feet. Exception 1 to Section 110.10(b)1A: Single family residences with a permanently installed domestic solar water -heating system meeting the installation criteria specified in the Reference Residential Appendix RA4 and with a minimum solar savings fraction of 0.50. Exception 2 to Section 110.10(b)1A: Single family residences with three habitable stories or more and with a total floor area less than or equal to 2000 square feet and having a solar zone total area no less than 150 square feet. Exception 3 to Section 110.10(b)1A: Single family residences located in the Wildland-Urban Interface Fire Area as defined in Title 24, Part 2 and having a whole house fan and having a solar zone total area no less than 150 square feet. Exception 4 to Section 110.10(b)1A: Buildings with a designated solar zone area that is no less than 50 percent of the potential solar zone area. The potential 5 solar zone area is the total area of any low -sloped roofs where the annual solar access is 70 percent or greater and any steep -sloped roofs oriented between 90 degrees and 300 degrees of true north where the annual solar access is 70 percent or greater. Solar access is the ratio of solar insolation including shade to the solar insolation without shade. Shading from obstructions located on the roof or any other part of the building shall not be included in the determination of annual solar access. Exception 5 to Section 110.10(b)1A: Single family residences having a solar zone total area no less than 150 square feet and where all thermostats are demand responsive controls and comply with Section 110.12(a), and are capable of receiving and responding to Demand Response Signals prior to granting of an occupancy permit by the enforcing agency. Exception 6 to Section 110.10(b)1A: Single family residences meeting the following conditions: A. All thermostats are demand responsive controls that comply with Section 110.12(a), and are capable of receiving and responding to Demand Response Signals prior to granting of an occupancy permit by the enforcing agency. B. Comply with one of the following measures: i. Install a dishwasher that meets or exceeds the ENERGY STAR Program requirements with a refrigerator that meets or exceeds the ENERGY STAR Program requirements, a whole house fan driven by an electronically commutated motor, or an SAE J1772 Level 2 Electric Vehicle Supply Equipment (EVSE or EV Charger) with a minimum of 40 amperes; or ii. Install a home automation system capable of, at a minimum, controlling the appliances and lighting of the dwelling and responding to demand response signals; or iii. Install alternative plumbing piping to permit the discharge from the clothes washer and all showers and bathtubs to be used for an irrigation system in compliance with the California Plumbing Code and any applicable local ordinances; or iv. Install a rainwater catchment system designed to comply with the California Plumbing Code and any applicable local ordinances, and that uses rainwater flowing from at least 65 percent of the available roof area. B. Low-rise and High-rise Multifamily Buildings, Hotel/Motel Occupancies, and Nonresidential Buildings. The solar zone shall be located on the roof or overhang of the building or on the roof or overhang of another structure located within 250 feet of the building or on covered parking installed with the building project, and shall have a total area no less than 15 percent of the total roof area of the building excluding any skylight area. The solar zone requirement is applicable to the entire building, including mixed occupancy. Exception 1 to Section 110.10(b)1 B: High-rise Multifamily Buildings, Hotel/Motel Occupancies, and Nonresidential Buildings with a permanently installed solar electric system having a nameplate DC power rating, measured under Standard Test Conditions, of no less than one watt per square foot of roof area. Exception 2 to Section 110.10(b)1 B: High-rise multifamily buildings, hotel/motel occupancies with a permanently installed domestic solar water -heating system complying with Section 150.1(c)8Biii. and an additional collector area of 40 square feet. Exception 3 to Section 110.10(b)1 B: Buildings with a designated solar zone area that is no less than 50 percent of the potential solar zone area. The potential solar zone area is the total area of any low -sloped roofs where the annual solar access is 70 percent or greater and any steep -sloped roofs oriented between 90 degrees and 300 degrees of true north where the annual solar access is 70 percent or greater. Solar access is the ratio of solar insolation including shade to the solar insolation without shade. Shading from obstructions located on the roof or any other part of the building shall not be included in the determination of annual solar access. Exception 4 to Section 110.10(b)1 B: Low-rise and high-rise multifamily buildings with all thermostats in each dwelling unit are demand response controls that comply with Section 110.12(a), and are capable of receiving and responding to Demand Response Signals prior to granting of an occupancy permit by the enforcing agency. In addition, either A or B below: A. In each dwelling unit, comply with one of the following measures: i. Install a dishwasher that meets or exceeds the ENERGY STAR® Program requirements with either a refrigerator that meets or exceeds the ENERGY STAR® Program requirements or a whole house fan driven by an electronically commutated motor; or ii. Install a home automation system that complies with Section 110.12(a) and is capable of, at a minimum, controlling the appliances and lighting of the dwelling and responding to demand response signals; or iii. Install alternative plumbing piping to permit the discharge from the clothes washer and all showers and bathtubs to be used for an irrigation system in compliance with the California Plumbing Code and any applicable local ordinances; or 7 iv. Install a rainwater catchment system designed to comply with the California Plumbing Code and any applicable local ordinances, and that uses rainwater flowing from at least 65 percent of the available roof area. B. Meet the Title 24, Part 11, Section A4.106.8.2 requirements for electric vehicle charging spaces. EXCEPTION 5 to Section 110.10(b)1 B: Buildings where the roof is designed and approved to be used for vehicular traffic or parking or for a heliport. Exception 6 to Section 110.10(b)1 B: Vegetative roofs covering 35 percent of the roof area or greater, meeting all relevant code requirements including considerations for wind, fire, and structural loads. Exception 7 to Section 110.10(b)1 B: Performance equivalency approved by the Chief Building Official. 2. Azimuth. All sections of the solar zone located on steep -sloped roofs shall be oriented between 90 degrees and 300 degrees of true north. 3. Shading. A. No obstructions, including but not limited to, vents, chimneys, architectural features, and roof mounted equipment, shall be located in the solar zone. B. Any obstruction, located on the roof or any other part of the building that projects above a solar zone shall be located at least twice the distance, measured in the horizontal plane, of the height difference between the highest point of the obstruction and the horizontal projection of the nearest point of the solar zone, measured in the vertical plane. EXCEPTION to Section 110.10(b)3: Any roof obstruction, located on the roof or any other part of the building, that is oriented north of all points on the solar zone. C. The solar zone shall account for shading from obstructions that impact the area reauired in 110.10(b)1 B. When determined by the Chief Buildina Official that conditions exist where excessive shading occurs and solar zones cannot be met, the Buildi Official may approve a performance equivalency as an alternative. 4. Structural Design Loads on Construction Documents. For areas of the roof designated as solar zone, the structural design loads for roof dead load and roof live load shall be clearly indicated on the construction documents. NOTE: Section 110.10(b)4 does not require the inclusion of any collateral loads for future solar energy systems. (c) Interconnection Pathways. H; 1. The construction documents shall indicate a location reserved for inverters and metering equipment and a pathway reserved for routing of conduit from the solar zone to the point of interconnection with the electrical service. 2. For single family residences and central water -heating systems, the construction documents shall indicate a pathway for routing of plumbing from the solar zone to the water -heating system. (d) Documentation. A copy of the construction documents or a comparable document indicating the information from Sections 110.10(b) through 110.10(c) shall be provided to the occupant. (e) Main Electrical Service Panel. 1. The main electrical service panel shall have a minimum busbar rating of 200 amps. 2. The main electrical service panel shall have a reserved space to allow for the installation of a double pole circuit breaker for a future solar electric installation. The reserved space shall be permanently marked as "For Future Solar Electric". Local Amendments to the Green Building Code The proposed Ordinance shows where changes were made to the State Green Building Code. Plain text is the State's code; underlined text show additions; and strikethroughs indicate deletions. The Ordinance will be incorporated as a clean version without edits. SECTION 2 DEFINITIONS EV Capable: A parking space linked to a listed electrical panel with sufficient capacity to provide at least 110/120 volts and 20 amperes to the parking space. Raceways linking the electrical panel and parking space only need to be installed in spaces that will be inaccessible in the future, either trenched underground or where penetrations to walls, floors, or other partitions would otherwise be required for future installation of branch circuits. Raceways must be at least 1" in diameter and may be sized for multiple circuits as allowed by the California Electrical Code. The panel circuit directory shall identify the overcurrent protective device space(s) reserved for EV charging as "EV CAPABLE." Construction documents shall indicate future completion of raceway from the panel to the parking space, via the installed inaccessible raceways. Level 1 EV Ready Space: A parking space served by a complete electric circuit with a minimum of 110/120 volt, 20-ampere capacity including electrical panel capacity, overprotection device, a minimum 1" diameter raceway that may include multiple circuits as allowed by the California Electrical Code, wiring, and either a) a receptacle labelled "Electric Vehicle Outlet" with at least a'/2" font adjacent to the parking space, or b) electric vehicle supply equipment E( VSE). 14 Level 2 EV Ready Space: A parking space served by a complete electric circuit with 208/240 volt, 40-ampere capacity including electrical panel capacity, overprotection device, a minimum 1" diameter raceway that may include multiple circuits as allowed by the California Electrical Code, wiring, and either a) a receptacle labelled "Electric Vehicle Outlet" with at least a'/2" font adjacent to the parking space, or b) electric vehicle supply equipment (EVSE) with a minimum output of 40 amperes. Electric Vehicle Charging Station (EVCS): A parking space that includes installation of electric vehicle supply equipment (EVSE) with a minimum capacity of 30 amperes connected to a circuit serving a Level 2 EV Ready space. EVCS installation may be used to satisfy a Level 2 EV Ready space requirement. Automatic Load Management Systems (ALMS): (ALMS) A control system that allows multiple EV chargers or EV Ready electric vehicle outlets to share a circuit or panel and automatically reduce power at each charger, providing the opportunity to reduce electrical infrastructure costs and/or provide demand response capability. ALMS systems must be designed to deliver at least 1.4kW to each EV Capable, EV Ready or EVCS space served by the ALMS. SECTION 5 NONRESIDENTIAL MANDATORY MEASURES 5.106.5.3 Electric vehicle (EV) charging. [N] New construction shall comply with Section 5.106.5.3.1 or Section 5.106.5.3.2 to facilitate future installation and use of EV chargers. of e1eGtFiG vehiGle supply equipmeRt (EVSE). WheR EVSE(s) isiaFe iRstalled, it shall be 44 Exceptions: 1. Where there is no commercial power supply. 2. Spaces accessible only by automated mechanical car parking systems are excepted from providing EV charging infrastructure. 5.106.5.3.1 Office buildings: In nonresidential new construction buildings with 50 percent or greater occupied floor area designated for office use with parking: 1. When 10 or more parking spaces are constructed and designated to the office use, 10 percent of the designated parking spaces shall be equipped with Level 2 EVCS; and 2. An additional 10 percent of the designated spaces shall be provided with at least Level 1 EV Ready spaces. Calculations for the required minimum number of spaces equipped with Level 2 EVCS, Level 1 EV Ready spaces and EV Capable spaces shall all be rounded up to the nearest whole number. Construction plans and specifications shall demonstrate that all raceways shall be a minimum of 1" and sufficient for installation of EVCS at all required Level 1 EV Ready and EV Capable 10 Electrical calculations shall substantiate the desian of the electrical system to include the rating of equipment and any on -site distribution transformers, and have sufficient capacity to simultaneously charge EVs at all required EV spaces including Level 1 EV Ready and EV Capable spaces; and service panel or subpanel(s) shall have sufficient capacity to accommodate the required number of dedicated branch circuit(s) for the future installation of the EVSE. Notes: 1. ALMS may be installed to increase the number of EV chargers or the amperage or voltage beyond the minimum requirements in this code. The option does not allow for installing less electrical panel capacity than would be required without ALMS. 5.106.5.3.2 Other nonresidential buildings: In nonresidential new construction buildings that are not desianated Drimarilv for office use. such as retail or institutional uses: 1. When 10 or more parking spaces are constructed, 6 percent of the available parking spaces on site shall be equipped with Level 2 EVCS; 2. An additional 5 percent shall be at least Level 1 EV Ready. Calculations for the required minimum number of spaces equipped with Level 2 EVCS and Level 1 EV Ready spaces shall be rounded up to the nearest whole number Exception: Installation of each Direct Current Fast Charger with the capacity to provide at least 80 kW output may substitute for 6 Level 2 EVCS and 5 EV Ready spaces after a minimum of 6 Level 2 EVCS and 5 Level 1 EV Ready spaces are installed. 5.106.5.3.3 Clean Air Vehicle Parking Designation. EVCS qualify as designated parking as described in Section 5.106.5.2 Designated parking for clean air vehicles. Notes: 1. The California Department of Transportation adopts and publishes the California Manual on Uniform Traffic Control Devices (California MUTCD) to provide uniform standards and specifications for all official traffic control devices in California. Zero Emission Vehicle Signs and Pavement Markings can be found in the New Policies & Directives number 13-01. www.dot.ca.gov/hq/traffops/policv/13-01. pdf. 2. See Vehicle Code Section 22511 for EV charging spaces signage in off-street parking facilities and for use of EV charging spaces. 3. The Governor's Office of Planning and Research published a Zero -Emission Vehicle Community Readiness Guidebook, which provides helpful information for local governments, residents and businesses. www.opr.ca.gov/ docs/ZEV Guidebook.pdf. 11 4. Section 11 B-812 of the California Building Code requires that a facility providing EVCS for public and common use also provide one or more accessible EVCS as fied in Table 11 B-228.3.2.1. r�urm:ra:rr�rrv_�. IMMASOM 11 2ffrA I � r W-1 WON frST7:l�1{L1:1'TS1'.11T. _SSL�1T_ .►, _ UK 1 \ 1JIM '"Mm"T."Es. 12 TOTAL NUMBER OF ACTUAL PARKING SPACES NUMBER OF REQUIRED EV CHARGING SPAC 0-9 0 10-25 1 26-50 2 51-75 4 76-1 U0 5 101- 7 51-200 10 201 and over 1 b percent of Imal' 5.106.5.3.4 [N] Identification. The sardine panel or s bpaRel(S) nirr iit dire GtOFY shall ideRtifi �'^E�The raceway termination location shall be permanently and visibly marked as "EV r'°SE- Ready". DIVISION 3: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. DIVISION 4- This Ordinance is exempt from the environmental review requirements of CEQA pursuant to Section 15061 (b)(3) of Title 14 of the California Code of Regulations because it can be seen with certainty that there is no possibility that the provisions contained herein may have a significant effect on the environment. Further, the Ordinance is also exempt from the requirements of CEQA pursuant to CEQA Guidelines Sections 15307 and 15308 of Title 14 of the California Code of Regulations as actions taken by regulatory agencies to assure the maintenance, restoration, enhancement of natural resources, or protection of the environment. DIVISION 5: This Ordinance shall be published in a newspaper of general circulation in accordance with California Government Code Section 36933, published, and circulated in the City of Burlingame, and shall be in full force and effect following approval by the California Energy Commission. 13 Emily Beach, Mayor I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame, certify that the foregoing ordinance was introduced at a public hearing at a regular meeting of the City Council held on the 6th day of July, 2020, and adopted thereafter at a regular meeting of the City Council held on the 17th day of August 2020, by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: Meaghan Hassel -Shearer, City Clerk 14 CITY OF BURLINGAME REACH CODE FREQUENTLY ASKED QUESTIONS 1. Why does Burlingame want to adopt a reach code? Reach codes extend beyond the state's building code to require new buildings to be more efficient than the requirements in the state's building code and to minimize greenhouse gas (GHG) emissions. Like many other Bay Area cities, Burlingame is considering a reach code for new buildings to limit the use of natural gas (which releases GHG), require solar energy systems to support renewable energy, and install electric vehicle (EV) infrastructure to meet growing EV charging demand. Adoption of a reach code will implement measures from Burlingame's Climate Action Plan (CAP) and accelerate GHG reductions in the city. The reach code would reduce an additional 3,500 tons of greenhouse gas emissions by 2030 and implement CAP measures 6, 11, and 12. 2. Do buildings with all -electric appliances cost more to build than those that use natural gas? No. Studies have shown that the costs to construct and maintain all -electric buildings are equal to or lower than those for buildings that use natural gas. A reach code is considered a local amendment to the state's energy code, which means it must first be approved by the California Energy Commission (CEC). For the CEC to approve a reach code, the reach code must demonstrate that it is cost effective over the long term. The California Codes and Standards Programs created cost-effectiveness studies for jurisdictions seeking to adopt a reach code. Cities have been referring to these studies for their reach codes. The studies show that the largest savings in all -electric buildings are realized by avoiding the cost of installing natural gas infrastructure. Furthermore, all -electric buildings cost less to maintain and operate over the long term. The costs of all -electric appliances are comparable to the costs of gas appliances. Based on lifetime equipment cost savings, the cost-effectiveness studies found all -electric single-family homes to have a cost savings of $5,349; and the cost savings for a multifamily building equal $2,337/unit. - New residential cost-effectiveness studv - New non-residential cost-effectiveness stud 3. Residents are used to natural gas cooking. How does it compare with cooking with electricity? Many people are used to and comfortable with natural gas cooking and are most likely not aware of the benefits of cooking with electric stovetops. Cooking with natural gas burns fossil fuels inside homes, which has been connected to creating poor indoor air quality and health impacts. Electric cooking avoids the burning of fossil fuels and is considered a safer option over natural gas. Induction stovetops - high performance cooking using electromagnetic energy - are growing in popularity and deliver an equal or even improved cooking experience compared to natural gas stoves. Induction stoves work best with cast iron and stainless steel cookware. Adapter plates are available when using copper and aluminum cookware. The adapter plate costs approximately $30. 4. Do fireplaces and fire pits need to be electric? The proposed reach code allows for single family homes to use non -electric indoor and outdoor cooking appliances and fireplaces which includes firepits and outdoor kitchens. 5. What is a good electric alternative to a natural gas furnace and water heater? Heat pump heating and cooling systems offer an electric alternative to space heating and cooling. They can be wall mounted or ducted in a home and are especially cost effective when they are used for both heating and cooling homes. Heat pump water heating systems use electricity instead of gas to heat water and are more efficient than gas boilers. Additional Resources: - Cost savings, https://pen insulareachcodes.org/wp-content/uploads/2019/10/Electrification- Cost-Story-Infographic v8.1.pdf - All -electric guide for multifamily buildings, , ElectricMultifamilyConstructionGuide Redwood Energy.pd - Reach codes, https:Hpeninsulareachcodes.org/ 6. Does the reach code allow restaurants to use natural gas cooking? Yes, new restaurants and commercial kitchens may use non -electric cooking appliances. 7. Does the reach code apply to home remodels? The reach code applies only to substantial additions or remodels in homes where more than 50% of the valuation of the existing structure is being added or remodeled and provided the remodel includes a new heating, cooling, and ventilation (HVAC) system. A kitchen remodel, new roof, or other similar scale projects will not trigger the reach code. The valuation for the additions/improvements is calculated utilizing the latest Burlingame average construction cost. The construction cost is continually adjusted based on data received from the Burlingame permit review process. Currently, the average construction cost in Burlingame is approximately $350 a square foot for new construction (but could go as high as $400 for a high -end or complicated project). As an example, a 1,717 square foot home is being remodeled with an addition. - 1,717 is multiplied by $350 a square foot to equal $600,950. - Divide by 2 to equal the 50 percent valuation of $300,475. - If the value of the addition is $300,475 or greater, the project would be considered a major remodel/new construction. However, the project would need to include the replacement of the HVAC system for the reach code to apply. 8. 1 already submitted my project to the Planning Division. Do I need to change it to comply with the reach code? Projects that have been submitted to the Planning Division or have been granted planning entitlements prior to the date of the ordinance effective date would not be required to comply with the reach code. However, those projects should comply with the reach code pre -wiring provision to accommodate future electric appliance installations. 9. Can Peninsula Clean Energy keep up with the increased electricity demand of reach codes? Peninsula Clean Energy (PCE) anticipates a modest impact from reach codes on their electricity load. PCE analyzed the outcomes of the countywide reach code efforts and found that by 2025, the amount of electrical load increase is a maximum of 7% above PCE's regular forecast. In addition, costs and technology for generation continue to improve and PCE is not anticipating any issues looking beyond 2025. 10. How will building electrification be impacted by power outages? Power outages affect both mixed fuel and all -electric buildings similarly because most modern natural gas appliances, other than gas stovetops, rely on electricity to operate. PCE is exploring how to minimize risks from power outages and is collaborating with other Bay Area community choice energy programs on resiliency projects. For example, PCE and its community choice partners issued a joint solicitation for the installation of battery storage for their customers. The program will provide reliable power to about 6,000 homes through the use of backup battery storage during power outages. 11. Will shade trees need to be cut down to meet the solar requirements? No. The City would allow for exceptions for new construction where solar is infeasible due to existing shading, roof slopes, and other limitations to rooftop solar zones. 12. What exceptions would be allowed for EV infrastructure? Exceptions are allowed for the following cases: - EV infrastructure costs exceed $4,500/parking space; - Spaces accessible only by an automated mechanical car parking -system; - Accessory dwelling units and junior accessory dwelling units that do not have parking facilities; and - Parking facilities that have no available commercial power supply. 13. Do the EV charging spaces have different size specifications? No. Spaces must comply with Burlingame zoning code space specifications. 14. When would the reach code be in effect? If adopted, the reach code ordinances will be submitted to the California Energy Commission (CEC) and would become effective upon approval by the CEC, which is estimated to occur in October 2020. 15. How will the reach code be implemented? The reach code will be enforced as part of the City's building code requirements. Staff will integrate the reach code requirements into the Planning and Building Divisions' existing building checklist, which will inform applicants about the exact specifics of the reach code measures and be folded into the Building Division's review process. BURL AGENDA NO: 9d STAFF REPORT MEETING DATE: July 6, 2020 To: Honorable Mayor and City Council Date: July 6, 2020 From: Syed Murtuza, Director of Public Works — (650) 558-7230 Subject: Public Hearing to Approve Vacation of a 10-Foot Wide Existing Waterline Easement, and Accept a New Easement Deed and Approve an Agreement with San Mateo County for the Relocated Water Pipeline at 12 Airport Boulevard RECOMMENDATION Staff recommends that the City Council hold a public hearing pursuant to California Streets and Highways Code, Chapter 3 Section 8300 and adopt the attached resolution as follows: 1) Approve vacation of a 10-foot wide existing waterline easement at 12 Airport Boulevard for the abandoned water main loop within the property owned by San Mateo County; and 2) Accept a New Easement Deed and Approve an Agreement with San Mateo County for the relocated 12-inch diameter water main and appurtenances within the property owned by San Mateo County. BACKGROUND On September 4, 2018, the City Council adopted a resolution authorizing the City Manager to execute a cost -sharing agreement with the County of San Mateo for construction of a new water main as part of the new construction of the new Animal Shelter at 12 Airport Boulevard. A portion of the existing water main was located under the proposed project building site. It was deemed necessary that the water main be relocated towards the road to accommodate the project. The construction of the new 12-inch water main has been completed, and the existing 6-inch and 10- inch water mains in conflict with the Animal Shelter Project have been abandoned. The details of the existing easement to be vacated and the proposed new easement are shown in the attached plat and easement description exhibits. The plats and legal descriptions have been reviewed by the City's surveyor and found to be technically correct. The City is authorized to vacate the existing waterline easement pursuant to the Streets and Highways Code, Chapter 3, Section 8300. Per the code, the waterline easement may be vacated where the City shall administratively set a public hearing and publish the notice in a local newspaper; posting of the notices is required. Government Code Section 8320-8325 outlines the procedure for a general vacation of an easement. As required, a resolution is needed to approve 1 Resolution Approving the Vacation of an Existing Waterline Easement, and Approving July 6, 2020 A New Easement Deed and Agreement with San Mateo County for the Water Pipeline at 12 Airport Boulevard the vacation as well as notification that all entities who may have an interest in the waterline easement be notified of this request. Therefore, pursuant to the procedures set forth in the Streets and Highways Code Section 8300, staff has followed the requirements, and has received no objections to the vacation of the existing waterline easement. DISCUSSION The new 12-inch diameter water main and appurtenances have been constructed within the new water main easement in agreement with San Mateo County. The easement is generally ten feet wide, but the width increases in certain areas to accommodate a fire hydrant, customer connections, and at termination at the 60-foot wide ingress and egress easement. City staff has worked closely with the County of San Mateo Real Property Division and Project Development Unit to prepare the terms outlined in the attached "Easement Deed and Agreement for Water Pipeline" for a new water main easement. The attached easement deed and agreement are necessary for future servicing and maintenance access of the new water main. The attached agreement outlines the use of the easement, restrictions, repair and maintenance notification requirements, legal description, and area of the easement. FISCAL IMPACT There are no costs associated with executing the resolution; however, the cost of preparing the easement documents and relocation of the water main were included with the previously approved cost -sharing agreement. The staff time and costs associated with executing the removal and replacement of the easement are paid within the Water Capital Improvement Program. Exhibits: • Resolution • Deed of Easement and Dedication of Water Pipeline • Plat and Legal Description of New Easement • Plat and Legal Description of Vacated Easement • September 4, 2018 Staff Report 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING VACATION OF A 10-FOOT WIDE EXISTING WATERLINE EASEMENT AND ACCEPTING A NEW EASEMENT DEED AND AN AGREEMENT WITH SAN MATEO COUNTY FOR THE RELOCATED WATER PIPELINE AT 12 AIRPORT BOULEVARD WHEREAS, the existing water main easement under the new Animal Shelter building on lands owned by San Mateo County is no longer needed due to the relocation of the City owned water main; and the location and details of the existing easement to be vacated, and the new easement to be granted, are shown in the attached plat and easement description exhibits; and WHEREAS, the City is authorized to vacate the existing waterline easement pursuant to the Streets and Highways Code Chapter 3, Section 8300; and WHEREAS, staff has followed the procedures set forth in the Streets and Highways Code Section 8300 and has received no objections to the vacation of the existing waterline easement; and WHEREAS, the County of San Mateo has granted a new easement where the new water pipeline and related facilities and appurtenances were constructed under and through a portion of a property owned by the County of San Mateo; and WHERAS, the City desires to vacate the existing easement and San Mateo County has agreed to provide a permanent water pipeline easement under and through a portion of the property described in the easement description exhibit; and WHEREAS, the newly constructed 12-inch diameter water main and appurtenances have been constructed within the new water easement; and the typical width is ten feet, but widens in certain areas to include a fire hydrant, customer connections, and its termination at the 60-foot wide ingress and egress easement; and WHEREAS, the attached easement deed and agreement are necessary for future servicing and maintenance of the new water main; and the attached agreement outlines the use of the easement, restrictions, repair and maintenance notification requirements, legal description, and area of the easement; and WHEREAS, this easement will allow the City to provide and maintain improved water quality and fire protection services to the surrounding area; and WHEREAS, a Notice of Public Hearing to consider the vacation of the 10-foot wide water line easement was published for at least two successive weeks prior to the July 6, 2020 public hearing in a newspaper that is published in the City of Burlingame and is designated for the publication of notices, and at least three copies of the public notice were posted in the vicinity of the public utility easement to be vacated, pursuant to Section 8322 and 8323 of the Streets and Highways Code; and WHEREAS, on July 6, 2020, the City Council held a hearing on the proposed vacation of the 10-foot wide waterline easement and heard evidence and testimony for all persons interested. NOW, THEREFORE, BE IT RESOLVED, that the City Council: 1. Approves vacation of a 10-foot wide existing waterline easement at 12 Airport Boulevard for the abandoned water main loop. 2. Accepts the new Easement Deed and Agreement for the relocated 12-inch diameter water main and appurtenances and authorizes the City Manager to execute the agreement and process the associated documents. 3. Directs the City Clerk to record the Water Line Easement Deed and this resolution with the County Recorder of the County of San Mateo. 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 6th- day of July, 2020, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Meaghan Hassel Shearer, City Clerk WHEN RECORDED RETURN TO: REAL PROPERTY SERVICES DIVISION COUNTY OF SAN MATEO 555 County Center, 4`h Floor Redwood City, CA 94063 NO FEE DOCUMENT Per Government Code 6103 No Document Transfer Tax Per R & T Code 11922 APN: 029-321-060 (Portion ot) THIS SPACE FOR RECORDER'S USE ONLY EASEMENT DEED AND AGREEMENT FOR WATER PIPELINE WATER PIPELINE, is made this day of , 2020, BETWEEN the COUNTY OF SAN MATEO, A POLITICAL SUBDIVISION OF THE STATE OF CALIFORNIA (hereinafter referred to as "Grantor"), AND the CITY OF BURLINGAME, A GENERAL LAW CITY AND MUNICIPAL CORPORATION, (hereinafter referred to as "Grantee"). WHEREAS, Grantor is the owner of that certain property situated in the City of San Mateo, County of San Mateo, identified as Assessor's Parcel Number 029-321-060 (the "Property"). WHEREAS, a certain water pipe line and related facilities and appurtenances were installed and constructed or caused to be installed and constructed under and through a portion of the Property by Grantor in accordance with specifications provided by Grantee (the "Water Facilities"). WHEREAS, Grantor desires to quitclaim to Grantee, who desires to accept, a permanent water pipeline easement under and through a portion of the Property described and shown in EXHIBITS "A" and "B" (collectively "Easement Area"); together with the perpetual right of ingress to and egress from said property, for the purpose of exercising and performing all of the rights and privileges herein granted. WHEREAS, Grantor desires to dedicate to Grantee, and Grantee desires to accept all of Grantor's right, title and interest in and to the Water Facilities installed within the Easement Area. NOW THEREFORE, intending to be legally bound hereby, and for good consideration, the receipt and sufficiency whereof is acknowledged, Grantor and Grantee agree, and covenant, as follows: 1. The recitals above are hereby incorporated by reference and made a part hereof as if set forth in full. Grantor hereby quitclaims to Grantee a permanent water pipeline easement to erect, install, construct, remove, repair, replace, reconstruct, maintain and use for water line purposes any and all materials, fixtures, appliances, equipment, fire hydrants, pipes, pipelines, necessary for the transmission, collection, distribution and delivery of water over, along, upon, under and across the Easement Area ("Easement"). The Easement is subject to all rights, encumbrances, and other matters of record or of which Grantee has notice prior to the date this Easement Deed is recorded. 2. Grantor may grant other easements over, along and across the Easement Area so long as such other easements do not interfere with Grantee's purposes and uses of the Easement Area. Grantee shall have no right to grant additional easements or sub -easements on, along or across the Easement Area, however, such limitation shall not interfere with Grantee's purposes and uses of the Easement Area. 3. Grantor retains, reserves and shall continue to enjoy use of the surface of the Easement Area for any and all purposes that do not interfere with and prevent the use of Grantee of the Easement Area, including the right to build and use the surface of the Easement Area for drainage ditches, private streets, roads, driveways, alleys, walks, gardens, lawns, plantings that do not exceed 3-feet in height, parking areas, and other like uses. Grantor may construct permanent structures 3 feet or less in height and fences. 4. Grantee shall indemnify, defend and hold Grantor, and its employees, agents, officers, directors, attorneys, guests, licensees, invitees, and tenants, harmless from and against any and all claims, demands, costs, liabilities, losses, causes of action and/or expenses of any kind (including attorney's fees) related to Grantee's use of the said easement or Water Facilities or Grantee's operations upon the parcel of real property described in and shown on Exhibit A, except to the extent of the gross negligence or willful misconduct of Grantor 5. Grantor additionally grants and conveys to Grantee title to the Water Facilities located within the Easement Area. 6. Grantee hereby accepts the grant and dedication of the Water Facilities and agrees to perpetually operate, maintain and service the same. 7. Grantor reserves the right to connect into said Water Facilities for purposes associated with Grantor's reasonable use of the Property, including specifically, existing irrigation connections and a single 12 inch water pipeline connection that is associated with that certain Easement for Water Main Line recorded December 30, 1981 in the Official Records of the County of San Mateo as Recorder's Serial Number 22180AT and identified in Exhibit B hereto as WLE (Easement 22180AT), or at a location immediately adjacent thereto, whether or not Easement 22180AT is vacated by Grantee. 8. Grantor and Grantee, as those words are used herein, shall include the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, Grantor has executed the Easement Deed and Agreement for Water Pipeline on the day and year first written above. CITY OF BURLINGAME, A GENERAL LAW CITY AND MUNICIPAL CORPORATION, Dated this day of By: Print Name: Title: ,20 COUNTY OF SAN MATEO, A POLITICAL SUBDIVISION OF THE STATE OF CALIFORNIA By: Print Name: Title: (California Government Code Section 27281) This is to certify that the interest in real property conveyed to the City of Burlingame by that certain Easement Deed and Agreement for Water Pipeline dated , 2020, executed by, is hereby accepted by the undersigned on behalf of the City of Burlingame pursuant to authority conferred by City Council Motion No. adopted on , 2020, and the City of Burlingame consents to recordation thereof by its duly authorized officer. Dated: , 2020 CITY OF BURLINGAME, a general law city and municipal corporation, City Manager Attest: , City Clerk EXH I BIT `"A" LAND DESCRIPTION The land referred to herein below is situated in the City of San Mateo, County of San Mateo, State of California and is described as follows: Being a portion of Parcel 2 as shown on that certain Record of Survey titled "EXHIBIT B OF SETTLEMENT AGREEMENT EMBODIED IN JUDGEMENT ENTERED IN CASE OF: STATE VS. SAN MATEO COUNTY, ET AL" and filed in Book 8 of L.L.S., at Pages 89-95, San Mateo County Records, lying in Rancho .San Mateo, more particularly described as follows: BEGINNING at the most southerly point on the exterior of that certain 10.00 foot water line easement as described in the City of Burlingame Resolution No. 89-81 and recorded December 30, 1981 as Document No. 22180AT, Official Records of San Mateo County, said point being the southerly 5.00 foot by 5.00 foot offset formed at the angle point between the end of the centerline segment described in said document as "South 78217'56" Eastfor a distance of 102.00 feet" and the segment thereafter described in said document; thence South 87°46'18" East, 26.70 feet; thence South 80°10'44" East, 40.43 feet; thence South 78°17'14" East, 48.90 feet; thence South 76°14'52" East, 35.85 feet; thence South 74°52'25" East, 41.83 feet; thence South 15°41'20" West, 4.46 feet;. thence South 74°18'40" East, 10.00 feet; thence North 15°41'20" East, 4.88 feet; thence South 78°47'23" East, 32.27 feet; thence South 75°56'35" East, 21.53 feet to an angle point in the California State Route 101 Right of Way, said angle point being the most northerly corner of that certain Parcel No. 59831-1 as shown on Sheet 18 of 27 of Right of Way Record Map R-10269,16 on file with the California Department of Transportation, District 4 (Hanging File 35}, acquired under Section 83 of the Streets and Highways Code by letter dated April 18, 2011; Page 1 of 3 31 DEC 2018 EXHIBIT "A" thence along the northeasterly line of said Parcel No. 59831-1, South 68'18'04" East, 92.75 feet; thence leaving said northeasterly line of Parcel No. 59831-1, .South 74°05'43" East, 21.37 feet; thence South 01°11'26" West, 2.30 feet to said northeasterly line of Parcel No. 59831-1; thence along said northeasterly line of Parcel No. 59931-1, South 68°18'04" East, 1C.68 feet; thence leaving said northeasterly line of Parcel No. 59831-1, North 01°11'26'' East, 13.76 feet; thence North 74"05'43" West, 29.57 feetto a line parallel with and Vying 10.00 feet northeasterly of said northeasterly line of Parcel No. 59831-1; thence along said parallel line and the northwesterly prolongation thereof, North 68°18'04" West, 92.92 feet; thence North 75°56'35" West, 22.45 feet; thence North 78°47'23" West, 36.97 feet; thence North 74°52'25" West, 46.82 feet; thence North 76°14'52" West, 36.15 feet; thence North 78°17'14" West, 34.84 feet; thence North 01°02'45" East, 17.67 feet; thence North 88°57'15" West, 20.00 feet; thence South 01°02'45" West, 14.10 feet; thence North 80°10'44" West, 35.35 feet; thence North 87°46'18" West, 25.48 feet to the exterior perimeter of said 10.00 foot water line easement; thence along said exterior perimeter, South 12'54'03" West, 10.18 feet to the POINT OF BEGINNING; Containing an area of approximately 4,200 square feet. Page 2 of 3 31 DEC 2018 EXHIBIT "X" The BASIS OF BEARINGS of this description is the northeasterly line of Parcel No. 59831-1 as shown on Sheet 18 of 27 of Right of Way Record Map R-10269.16 on file with the California Department of Transportation, District 4 (Hanging File 35), acquired under Section 83 of the Streets and Highways Code by letterdated April 18, 2011, taken as bearing: South 68"18'04" East. A PLAT OF THE ABOVE DESCRIBED STRIPS OF LAND 15 ATTACHED HERETO AS EXHIBIT "B" AND BY THIS REFERENCE MADE A PART HEREOF. END DESCRIPTION This real property description has been prepared by me, or under my direction, in conformance with the requirements of the Professional Land Surveyors' Act. Professional Land Surveyor California No. 9235 V i-A D .] SCOTT J. ROBERTS No. 9235 �� CA1 l Date PRELIMINARY Page 3 of 3 31 DEC 2018 \ `W.L.E. EXHIBIT "B" � \ f r CENTERLINE S12°54'03'91ti! FF I N87°46'18"W J 3 �0 25.48' I I - _ { • 1 � S01"02'45'W BASIS OF BEARINGS P.O.B. • Oi 14.10' S870418'0E `� � sr�4 N88 =57'15"W THE NORTHEASTERLY LINE OF PARCEL NO, 59831-1 0 20.00' A5 SHOWN ON SHEET 1$ OF 27 OF RIGHT OF WAY S8001 D'44"E RECORD MAP R-10269.16 ON FILE WITH THE 4D.43' CALIFORNIA DEPARTMENT OF TRANSPORTATION, e � \ ` , ��} N01 °fl2 45'E DISTRICT 4 (HANGING FILE 35), ACQUIRED UNDER 17.67 SECTION 83 OF THE STREETS AND HIGHWAYS CODE BY LETTER DATED APRIL 18, 2011, TAKEN AS BEARING: SOUTH 68'18'04" EAST. S78017'14'E6'0 48.90' � •t t3s S76014'52"E 35.85' 0 20 40 80 S S74°52'25"E d`y SCALE: 1"=40'..•' �^ 41.83' � SUBJECT AREA r 42p0 S F S15041'2p'W \ '� Z 4.46' y (9, - S74018'40"IE r, 110.013, y ` LAND N15°41'2D'E N75°56'35'1N �y CBS' � 22.45' S78047'23"E SCOTT J, ROBERTS 32,27' S75°56'35"E 21.53' * No. 923 x 31 DEC 2018 ABBREVIATIONS 4532 0, R. 474 8 LLS 89 0.R.S.M.C. P,Q,B, G. F. W.L,E, STATE ROUTE 101 R I G HT�F-WAY BOOK 4532 OF 0, R.S.M.C„ PAGE 474. RECORD OF SURVEY FILED IN BOOK 8 OF ILLS, AT PAGES 89-96, 0.R.S.M.C. OFFICIAL RECORDS OF SAN MATEO COUNTY POINT OF BEGINNING SQUARE FEET 1 D.68' EXISTING 10,p0 FOOT WATER LINE EASEMENT N01 011'26"E PER DOC. NO.22180AT, C.R.S.M,C.. 13.7fi' PLAT TO ACCOMPANY DESCRIPTION 1 11655oanic drive, 5uiteA Mcdeslo, CA 95350 SCALE: 1 "=40' DATE: 2018-12-31 of $ N G 1 N E -E -Ft 1 N t3 cdellengineering_com JOB NO.: 32040 SAN MATEO ANIMAL SHELTER FILE: 32040— PLAT—WLE.DWC PARCEL NO. 59831-1 j S74°05'43"IE 21.37' •:}" 501=11'26"W 2.30' S6801 B' D4"E EXHIBIT "A" LAND DESCRIPTION WATER LINE EASEMENT The land referred to herein below is situated in the City of San Mateo, County of San Mateo, State of California and is described as follows: Being a portion of Parcel Z as shown on that certain Record of Survey titled "EXHIBIT B OF SETTLEMENT AGREEMENT EMBODIED IN JUDGEMENT ENTERED IN CASE OF: STATE VS. SAN MATEO COUNTY, ET AL" and filed for record in Book 8 of L.L.S., at Pages 89-95, San Mateo County Records, lying in Rancho San Mateo, more particularly described as follows: BEGINNING at the most southerly point on the exterior of that certain 10.00 foot water line easement as described in the City of Burlingame Resolution No. 89-81 and recorded December 30, 1981 as Document No. 22180AT, Official Records of San Mateo County, said point being the southerly 5.00 foot by 5.00 foot offset formed at the angle point between the end of the centerline segment described in said document as "South 78*17'56" East for a distance of 102.00 feet" and the segment thereafter described in said document; thence South 87°46'18" East, 26.70 feet; thence South 80°10'44" East, 40.43 feet; thence South 78'17'14" East, 48.90 feet; thence South 76'14'52" East, 35.85 feet; thence South 74°52'25" East, 41.83 feet; thence South 15°41'20" West, 4.46 feet; thence South 74°18'40" East, 10.00 feet; thence North 15041'20" East, 4.88 feet; thence South 78°47'23" East, 32.27 feet; thence South 75056'35" East, 21.53 feet to an angle point in the California State Route 101 Right of Way, said angle point being the most northerly corner of that certain Parcel No. 59831-1 as shown on Sheet 18 of 27 of Right of Way Record Map R-10269.16 on file with the California Department of Transportation, District 4 (Hanging File 35), acquired under Section 83 of the Streets and Highways Code by letter dated April 18, 2011; Page 1 of 3 06 DEC 2019 EXHIBIT "A" thence along the northeasterly line of said Parcel No. 59831-1, South 68018'04" East, 92.75 feet; thence leaving said northeasterly line of Parcel No. 59831-1, South 74°05'43" East, 21.37 feet; thence South 01°11'26" West, 2.30 feet to said northeasterly line of Parcel No. 59831-1; thence along said northeasterly line of Parcel No. 59831-1, South 68018'04" East, 10.68 feet; thence leaving said northeasterly line of Parcel No. 59831-1, North 01'11'26" East, 13.76 feet; thence North 74005'43" West, 28.57 feet to a line parallel with and lying 10.00 feet northeasterly of said northeasterly line of Parcel No. 59831-1; thence along said parallel line and the northwesterly prolongation thereof, North 68°18'04" West, 92.92 feet; thence North 75056'35" West, 22.45 feet; thence North 78°47'23" West, 36.97 feet; thence North 74052'25" West, 46.82 feet; thence North 76'14'52" West, 36.15 feet; thence North 78°17'14" West, 34.84 feet; thence North 01°02'45" East, 17.67 feet; thence North 88°57'15" West, 20.00 feet; thence South 01°02'45" West, 14.10 feet; thence North 80010'44" West, 35.35 feet; thence North 87046'18" West, 25.48 feet to the exterior perimeter of said 10.00 foot water line easement; thence along said exterior perimeter, South 12°54'03" West, 10.18 feet to the POINT OF BEGINNING; Containing an area of approximately 4,200 square feet. Page 2 of 3 06 DEC 2019 EXHIBIT "A" The BASIS OF BEARINGS of this description is the northeasterly line of Parcel No. 59831-1 as shown on Sheet 18 of 27 of Right of Way Record Map R-10269.16 on file with the California Department of Transportation, District 4 (Hanging File 35), acquired under Section 83 of the Streets and Highways Code by letter dated April 18, 2011, taken as bearing: South 68'18'04" East. A PLAT OF THE ABOVE DESCRIBED STRIP OF LAND IS ATTACHED HERETO AS EXHIBIT "B" AND BY THIS REFERENCE MADE A PART HEREOF. I1;U791*T4.112dIs] 01 This real property description has been prepared by me, or under my direction, in conformance with the requirements of the Professional Land Surveyors' Act. ,� LA NO S t J. Roberts SCOTT J. Professional Land Surveyor ROBERTS California No. 9235, No. 9235 CA`\�o�� Date 6 December 2019 Page 3 of 3 06 DEC 2019 S"°05'S6"E EXHIBIT "B" \� W.L.E.���CE .L.E. sj NTERLINE d'• � \ , S12 54'03"W F A 1 >>- �l � 10.18' �� OS N87046'18"W J L L S J 9 O25.48' S01002'45"W BASIS OF BEARINGS P.O.B. \ �r 14.10' S8704 '18"E �s�s �N88057'15"W THE NORTHEASTERLY LINE OF PARCEL NO. 59831-1 26.70'20.00' AS SHOWN ON SHEET 18 OF 27 OF RIGHT OF WAY S8001 O'44"E \ RECORD MAP R-10269.16 ON FILE WITH THE 40.43' CALIFORNIA DEPARTMENT OF TRANSPORTATION, ,L, NO 002'45"E DISTRICT 4 (HANGING FILE 35), ACQUIRED UNDER 17.67 SECTION 83 OF THE STREETS AND HIGHWAYS CODE BY LETTER DATED APRIL 18, 2011, TAKEN AS BEARING: SOUTH 68 18'04" EAST. S78017'14"E \ >00 ✓ 48.90' S76014'52"E \ 35.85' \ 20 20 40 80 S SCALE: 1" = 40' S74052'25"E 41.83' �� S� SUBJECT AREA S15041'20"W 4200± S.F. U 4.46' S74018'40"E 10.00, .19 �'� N75056'35"W LAND N 15°41'20"E 22.45' S�pL 4.88' `�Q1 S78047'23"E �0 SCOTT J. 32.27 S75056'35"E 10 ROBERTS � 21.53' No. 9235 06 DEC 2019 L STATE ROUTE 101 RIGHT-OF-WAY UP �j s ABBREVIATIONS \(PARCEL NO.59831-1 4532 O.R. 474 BOOK 4532 OF O.R.S.M.C., PAGE 474. S74005'43"E 8 LLS 89 RECORD OF SURVEY FILED IN BOOK 8 OF LLS, 21.37' AT PAGES 89-95, O.R.S.M.C. \ SO 011'26"W �Z O.R.S.M.C. OFFICIAL RECORDS OF SAN MATEO COUNTY 2.30' P.O.B. POINT OF BEGINNING S68018'04"E S.F. SQUARE FEET \ 10.68' W.L.E. EXISTING 10.00 FOOT WATER LINE EASEMENT NO 011'26"E PER DOC. NO.22180AT, O.R.S.M.C. 13.76' PLAT TO ACCOMPANY DESCRIPTION 1165 Scenic Drive, Suite A Modesto, CA 95350 SCALE: 1 "=40' DATE: 2019-12-06 Of -E N G 1 N -E -E R 1 N G odellengineering.com JOB NO.: 32040 SAN MATEO ANIMAL SHELTER FILE: 32040—PLAT—WLE. DWG EXHIBIT "A" LAND DESCRIPTION PORTION OF WATER LINE EASEMENTTO BE VACATED The land referred to herein below is situated in the City of San Mateo, County of San Mateo, State of California and is described as follows: A uniform strip of land 10.00 feet in width, being a portion of Parcel Z as shown on that certain Record of Survey titled "EXHIBIT B OF SETTLEMENT AGREEMENT EMBODIED IN JUDGEMENT ENTERED IN CASE OF: STATE VS. SAN MATEO COUNTY, ET AL" and filed for record in Book 8 of L.L.S., at Pages 89-95, San Mateo County Records, lying in Rancho San Mateo, more particularly described as follows: COMMENCING at the most southerly point on the exterior of that certain 10.00 foot water line easement as described in the City of Burlingame Resolution No. 89-81 and recorded December 30, 1981 as Document No. 22180AT, Official Records of San Mateo County, said point being the southerly 5.00 foot by 5.00 foot offset formed at the angle point between the end of the centerline segment described in said document as "South 78'17'56" East for a distance of 102.00 feet" and the segment thereafter described in said document; thence along the exterior of said 10.00 foot water line easement, North 12'54'03" East, 10.18 feet to the POINT OF BEGINNING; thence continuing along the exterior of said 10.00 foot water line easement the following five (5) courses: 1) North 12°54'03" East, 36.63 feet; 2) North 27°42'00" East, 83.57 feet; 3) North 62°18'00" West, 10.00 feet; 4) South 27°42'00" West, 84.87 feet; 5) South 12'54'03" West, 38.11 feet; thence South 78°06'29" East, 10.00 feet to the POINT OF BEGINNING. Containing an area of approximately 1,216 square feet. The BASIS OF BEARINGS of this description is the northeasterly line of Parcel No. 59831-1 as shown on Sheet 18 of 27 of Right of Way Record Map R-10269.16 on file with the California Department of Transportation, District 4 (Hanging File 35), acquired under Section 83 of the Streets and Highways Code by letter dated April 18, 2011, taken as bearing: South 68°18'04" East. Page 1 of 2 06 DEC 2019 EXHIBIT "A" A PLAT OF THE ABOVE DESCRIBED STRIP OF LAND IS ATTACHED HERETO AS EXHIBIT "B" AND BY THIS REFERENCE MADE A PART HEREOF. END DESCRIPTION This real property description has been prepared by me, or under my direction, in conformance with the requirements of the Professional Land Surveyors' Act. Professional Land Surveyor California No. 9235 �-A ND S����.L 0 SCOTT J. ROBERTS * No. 9235 yT� O F C A Date 6 December 2019 Page 2 of 2 06 DEC 2019 .z 0 N 0 \ N ABBREVIATIONS 4532 O.R. 474 8 LLS 89 0.R.S.M.C. P.O.B. P.O.C. S.F. W.L.E. EXHIBIT "B" BOOK 4532 OF O.R.S.M.C., PAGE 474. RECORD OF SURVEY FILED IN BOOK 8 OF LLS, AT PAGES 89-95, O.R.S.M.C. OFFICIAL RECORDS OF SAN MATEO COUNTY POINT OF BEGINNING POINT OF COMMENCEMENT SQUARE FEET EXISTING 10.00 FOOT WATERLINE EASEMENT o0 PER DOC. NO.22180AT, O.R.S.M.C. op`v SUBJECT AREA NORTHEASTERLY 1216± S.F. LINE OF 60' ROAD h / WAY EASEMENT / \ 0 S77o 0 S78°0629„ 0 0 E 1p• 00' T M i (0 o 0 &' N � M (S78°1756 E` `_ 1 SEE DETAIL S77� 102.00, W``` C N.T.S. T L2 P.O.B. � ♦ � I r J J P.O.C. 10' W.L.E. CENTERLINE LINE TABLE LINE # DIRECTION LENGTH L1 N12°54'03"E 10.18' L2 S78006'29"E 10.00, 0 0 -ENG1N-E-Ei�1NG IN N62018'00"W 10.00, h� �M. 0 ;r 0 10 20 40 SCALE: 1 " = 20' BASIS OF BEARINGS THE NORTHEASTERLY LINE OF PARCEL NO. 59831-1 AS SHOWN ON SHEET 18 OF 27 OF RIGHT OF WAY RECORD MAP R-10269.16 ON FILE WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION, DISTRICT 4 (HANGING FILE 35), ACQUIRED UNDER SECTION 83 OF THE STREETS AND HIGHWAYS CODE BY LETTER DATED APRIL 18, 2011, TAKEN AS BEARING: SOUTH 68018'04" EAST `L LLS L L LAND So �L o W� v L L SCOTT J. o �" ROBERTS * No. 9235 I F CAL 06 DEC 2019 JJJ PLAT TO ACCOMPANY DESCRIPTION 1165 Scenic Drive, Suite A Modesto, CA 95350 of SCALE: 1 "=20' DATE: 2019-12-06 JOB NO.: 32040 SAN MATEO ANIMAL SHELTER odellengineering.com FILE: 32040— PLAT—ABAN DO N M ENT. DWG BURLINGAME STAFF REPORT AGENDA NO: MEETING DATE: September 4, 2018 To: Honorable Mayor and City Council Date: September 4, 2018 From: Syed Murtuza, Director of Public Works — (650) 558-7230 Subject: Adoption of a Resolution Authorizing the City Manager to Execute a Cost - Sharing Agreement with the County of San Mateo for the Relocation of a Water Main on Airport Boulevard RECOMMENDATION Staff recommends that the City Council adopt the attached resolution authorizing the City Manager to execute a cost -sharing agreement with the County of San Mateo for the relocation of a water main on Airport Boulevard. BACKGROUND During the construction of the new Animal Shelter at 12 Airport Boulevard, the County of San Mateo encountered an existing six-inch diameter, City -owned water main in conflict with their project, and reached out to the City for its relocation. Burlingame staff reviewed their initially proposed relocation plans and determined that relocation of the 1950's-era six-inch main as proposed would negatively affect the City's water system. City staff has worked with the County to resolve the issue and identified a feasible alternative to relocate the water main outside the area of conflict. The water main will be relocated outside the proposed Animal Shelter building footprint and will be closer to Airport Boulevard, providing easier access to City staff for maintenance. The new water main will consist of a twelve -inch diameter pipeline with adequate capacity to serve the Bayfront area customers on Airport Boulevard. The County has agreed to construct the new water main with a larger size diameter pipeline as part of their project, with the condition that the City reimburse them for the construction costs minus $25,000, which the County had previously budgeted for the relocation of an existing six-inch water main. Pending the approval of the City Council, the two agencies have been collaborating on the design details to prepare the construction plans. In order to expedite the water main relocation and avoid delays to the Animal Shelter project construction, an engineering design was prepared by the professional engineers procured by the County in accordance with the City of Burlingame's specifications and requirements. The design has been reviewed and approved by the City of Burlingame's Public Works Department. The County's design -build contractor will competitively bid the new water main relocation work to pipeline subcontractors and will select a qualified construction firm to do the job. 1 Resolution Authorizing the City Manager to Execute a Cost Sharing September 4, 2018 Agreement with San Mateo County for the Relocation of a Water Main DISCUSSION The project will construct approximately 470 linear feet of a new twelve -inch diameter polyvinyl chloride (PVC) water main along Airport Boulevard. The new water main will include a new City fire hydrant, domestic irrigation, and fire service connections to the new Animal Shelter. The existing six-inch main will be abandoned in place and capped on both ends. The County will provide a ten foot access easement for the City to allow maintenance of the relocated water main. The rough order of magnitude cost for the project is estimated to be approximately $270,000. The County will undertake the construction, pay the contractor directly, and the City will reimburse the County for the construction costs minus the County contribution of $25,000. Staff requests that the City Council authorize the City Manager to enter into a cost -sharing agreement with San Mateo County to reimburse them for the relocation of the water main. FISCAL IMPACT The rough order of magnitude cost for the project is estimated to be approximately $270,000. There are adequate funds available in the fiscal year 2018-2019 Water Capital Improvement Program budget to cover the estimated costs. Exhibits: • Resolution • Rough Order of Magnitude Cost Estimate • Project Location Map 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE CITY MANAGER TO EXECUTE A COST -SHARING AGREEMENT WITH THE COUNTY OF SAN MATEO FOR THERELOCATION OF A CITY -OWNED WATER MAIN ON AIRPORT BOULEVARD WHEREAS, during the construction of a new animal shelter at 12 Airport Boulevard, the County of San Mateo encountered an existing six-inch diameter, City -owned water main in conflict with their project, and proposed its relocation; and WHEREAS, the City of Burlingame reviewed the original plans submitted by San Mateo County and determined that relocating the 1950's era six-inch diameter main as proposed would negatively affect the City's water system; and WHEREAS, City staff coordinated with the County and proposed a new twelve -inch water main with adequate capacity to serve the Bayfront properties on Airport Boulevard and provide additional benefits such as moving the Burlingame water infrastructure away from the proposed building and parking lot improvements, and avoiding conflict; and WHEREAS, the rough order of magnitude of construction costs for the new twelve -inch diameter water main is preliminarily estimated to be approximately $270,000; and WHEREAS, the County of San Mateo has agreed to install the larger, twelve -inch water main with the condition that the City reimburse them for construction costs, minus $25,000, which was previously set aside in their budget for relocating the six-inch main; and WHEREAS, the preliminary design of the twelve -inch water main has been prepared by the professional engineers procured by the County in accordance with the City of Burlingame's specifications and approved by the City of Burlingame; and WHEREAS, the County of San Mateo will competitively bid the construction work for the new water main and after construction will invoice the City of Burlingame for the construction costs minus $25,000. NOW, THEREFORE, BE IT RESOLVED: 1. The City of Burlingame agrees to reimburse the County of San Mateo for the construction costs associated with the installation of a twelve -inch diameter water main estimated at $270,000. 2. The City Manager is hereby authorized to enter into and execute a cost -sharing agreement with the County of San Mateo for the construction of the water main on Airport Boulevard, and reimburse the County of San Mateo for the construction costs minus $25,000, for a net total of up to $270,000. 3. City staff is hereby authorized to oversee the construction of the relocation of the City -owned water main to ensure it is built in compliance with City standards and specifications. Mayor I, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 4th day of September, 2018, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: City Clerk San Mateo County and City of Burlingame Rough Order of Magnitude Cost Estimate Exhibit New Water Main at 12 Airport Blvd August 24, 2018 No. Item Description Cost 1 Design and Permitting $ 25,000.00 2 Labor and Materials $ 125,000.00 3 General Conditions and Equipment Rental $ 55,000.00 4 Markup and Profit $ 30,000.00 5 Estimate Subtotal $ 235,000.00 6 Construction Contingency 15% $ 35,250.00 Total Construction Cost (rounded to nearest $10k)* 1 $ 270,000.00 *The County of San Mateo and Burlingame understand and hereby agree that this estimate is not final, as the total costs will be unknown until the work is completed. Burlingame shall reimburse the County of San Mateo the actual cost incurred to construct the water main improvements on behalf of Burlingame. Page 1of1 � a . � r 10 in Po i�l� Chi _ 5 _ * + � ti ti 08.ry- �;• • _ w b r5r op O .r ti rC1 AGENDA ITEM NO: 10a BURLINGAME STAFF REPORT MEETING DATE: July 6, 2020 To: Honorable Mayor and City Council Date: July 6, 2020 From: Kevin Gardiner, Community Development Director — (650) 558-7253 Subject Discussion of Short -Term Rentals RECOMMENDATION Staff recommends that the City Council discuss options for regulating short-term rentals and provide direction to guide development of a future ordinance. BACKGROUND Residential short-term rentals are defined as dwelling units that are rented for periods lasting fewer than 30 days. Common examples include renting a room, house, or an apartment for a week or weekend for a short stay or for several weeks. Short-term rentals are most commonly offered and rented through online hosting platforms such as Airbnb, VRBO, Hostmaker, Sonder, Vacasa, and HomeAway. The City Council last discussed short-term rentals at a study session in December. Current Burlingame Short-term Rental Regulations. The City's existing transient occupancy tax (TOT) applies to short-term rentals when they meet the municipal code's definition of "hotel," which is as follows: "Hotel" means any structure, or any portion of any structure, which is occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging -house, rooming -house, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location, or other similar structure or portion thereof. Therefore, a residential unit, or portion thereof, which is "occupied ... by transients for dwelling, lodging or sleeping purposes", is required to collect TOT on behalf of the City, but the City does not currently have a program for monitoring collection of TOT from short-term rentals. Operators running short-term rentals are also required to secure a business license. Currently, there are seven registered short-term rentals in Burlingame, but the City does not have access to data regarding how many nights per year they are rented out, or whether owners are on the premises during such rentals. From reviewing online advertisements for short-term rentals (which do not provide addresses), it appears as though fewer than ten percent of short-term 1 Residential Short -Term Rentals July 6, 2020 rentals shown to be located in Burlingame are operating with a business license. However, it can be difficult to ascertain whether the rentals listed are in frequent or only occasional use. Complaints and Code Enforcement. The City has received complaints for fewer than 10 short-term rental locations in the last three years. The majority of these were from neighbors complaining about a short-term rental in a nearby residence. The relevant property owners were referred to the Finance Department and secured business licenses. One complaint related to overflowing garbage bins. One location has generated several different complaints by neighbors, including guests coming and going at various times, ride share drivers blocking the street for drop off and pickup, the owner not being on site, and construction without permits. Key Definitions. The following terms will be used in this report and are common in short-term rental regulations: • Host: The owner or long-term lease holder of a residence, who offers a dwelling unit, or portion thereof, for short-term rental. • Hosted Rental: Any short-term rental where the host is present on the premises, particularly during the nighttime hours. • Un-hosted Rental: Any short-term rental where a host is not present. Neighboring Jurisdictions and Short-term Rental Regulations. Neighboring jurisdictions have taken a variety of approaches to regulating short-term rentals. Of the 13 jurisdictions reviewed in the December 2, 2019 Council study session: • Six jurisdictions (Atherton, Hillsborough, San Carlos, Los Altos, Monterey, and Sausalito) prohibit short-term rentals. • Of the seven jurisdictions that allow short-term rentals, five jurisdictions require that the rental be hosted for all rentals or at least some portion of the year. Two allow unlimited un-hosted rentals. • Almost all jurisdictions that allow short-term rentals require a business license, and all jurisdictions that allow short-term rentals collect TOT on behalf of the City. • More details on policies of neighboring jurisdictions can be found in the staff report from the December 2, 2019 study session (Attachment 1). The minutes from the study session are also attached (Attachment 2). December 2019 Study Session Summary. At the study session, Councilmembers raised a number of major themes, which are described below: • Policy Framework: Creating an overall policy objective framework, including identifying the problem we are trying to solve, will allow the regulations to fall in place. • Regulation Versus Prohibition: Councilmembers agreed that an outright ban on short- term rentals would not be desirable, but they do want an increase in regulation on short- term rentals and collection of TOT. • Property Rights: Property rights are of critical importance. People have the right to rent out their homes and earn income from their homes. Short-term rentals can be used to supplement income, helping people make their mortgage payments and stay in their homes during challenging times. Such rentals can also provide options for homeowners 2 Residential Short -Term Rentals 2020 July 6, who may be relocating or away from home for an extended period, but who plan to return to their homes in the future. • Housing Stock: Protecting the overall supply of housing is equally important. Therefore, short-term rentals should only be allowed in a way that does not reduce the overall number of dwelling units in Burlingame. • Accessory Dwelling Units (ADUs): Accessory Dwelling Units (ADUs) are also an important part of the housing supply. Therefore, the impact on ADUs should be limited. Furthermore, deed -restricted affordable units should have additional protections or not be allowed to be used as short-term rentals. • Quality of Life Issues: Neighborhood quality of life issues are paramount. Generally, people do not move into their neighborhood with the expectation of living next to a residence where their neighbors change daily. Therefore, any regulations must keep the surrounding neighborhood in mind, including being aware of potential noise, traffic, and parking impacts. • Potential Limitations: Staff should explore limits on the maximum number of people staying within each short-term rental, the number of concurrent listings in each unit, the number of days the home can be used as a short-term rental, and prohibit "party homes" and events from taking place in the units. • Hosted Versus Un-Hosted Rentals: A "hosted rental" where the property owner lives in the home and stays onsite has less of an impact on the surrounding neighborhood than an un-hosted short-term rental. • Collecting Data: Obtaining information from Airbnb and other hosting platforms is important. Decisions can be made based on this data, and the City can be certain short- term rentals are registered and in compliance with regulations. • Registration and Tax -Collection: All short-term rentals should be registered via a business license and pay TOT. TOT is not the primary reason for the adoption of a short-term rental ordinance; however, hotels and short-term rentals must be on a level playing field. Policy Objectives. Considering the Council's comments from the December 2019 study session, staff has drafted the following policy objectives for consideration: 1. Allow limited short-term rental uses while preventing the loss of housing stock. 2. Preserve the residential character of neighborhoods and establish operating standards to reduce potential noise, parking, traffic, property maintenance, and safety impacts on adjacent neighbors. 3. Require a business license so the City can track and enforce these requirements as needed and ensure an appropriate collection of TOT. Based on these objectives and the themes raised in the study session, the Council may wish to consider the following regulations in a short-term rental ordinance: Housing Stock Related Regulations: 3 Residential Short -Term Rentals July 6, 2020 Primary Residency: Short-term rentals could be restricted to primary residences, where the homeowner or long-term renter lives a majority of the year and can provide evidence. This restriction would prevent people from buying apartments, single-family homes, and building/converting ADUs to serve exclusively as short-term rentals. An ADU could only be rented as a short-term rental if the host was the primary resident who lived in the unit (not the main home) and could provide evidence. South San Francisco, Redwood City, and Santa Monica all have primary residence requirements. Santa Cruz has a primary residence requirement and also prohibits the use of properties with ADUs as short-term rentals (short-term rental of the primary and the accessory dwelling are both prohibited). Limited Un-hosted Rental Days: The City could limit the number of "un-hosted" short-term rental days. As noted above, an un-hosted rental is when the host (primary resident) is not present. San Francisco places a 90-day limit, Redwood City a 120-day limit, and San Jose a 180-day limit. There are typically no limits on "hosted rentals," since the primary resident is onsite. Affordable Housing Units: Most cities prohibit using deed -restricted affordable housing as short-term rentals, as the visitors who rent the short-term rental do not typically meet income requirements. Furthermore, the increased income received from the short-term rental may jeopardize the primary resident's affordable housing status. Neighborhood Character Related Regulations: Prohibition of Special Events: The City could prohibit special events such as weddings, parties, and commercial functions. Airbnb has already begun restricting these type of events. Limiting Number of Concurrent Listings: The City could limit the number of concurrent listings for the same property. For example, the City could state only one or two listings can be rented at the same time. This regulation would prevent a "hacker house" scenario, where short- term rental bunk beds are listed and rented daily. Redwood City, for example, requires that short-term rentals not have more than two listings for the same primary residence on the same days. Santa Cruz requires that only one rental agreement may be in effect in a short-term rental at a time. Santa Monica does not allow booking or renting to more than two groups of visitors for any given date, whether the visitors within the groups are related to one another or not. Limiting Total Occupants: The ordinance could limit the total number of people allowed to stay in a short-term rental at one time. For hosted rentals in San Jose, the City limits incidental transient occupancy to up to three transient users in a one -family dwelling or mobile home, and up to two transient users in each dwelling unit in a two-family dwelling or multiple family dwelling. For un-hosted rentals, San Jose's occupant limitations are two people in a studio unit, three people in a one bedroom unit, and two people per bedroom for each bedroom in excess of one bedroom, but not to exceed 10 persons total. South San Francisco limits the number of transient occupants to two or fewer for hosted rentals and to two persons/bedroom plus two additional persons for un-hosted rentals. Millbrae limits 0 Residential Short -Term Rentals July 6, 2020 nighttime hours' occupancy to two persons per bedroom, plus two additional persons per short- term residential rental unit (a studio is considered to have zero bedrooms). Daytime occupancy is limited to twice the nighttime occupancy of the short-term residential rental. Santa Cruz limits overnight occupancy for short-term rentals to a maximum of two persons per bedroom, plus two additional persons regardless of the age of the occupant. Onsite Parking: The ordinance can require that any onsite parking, including garage and driveway, be made available to short-term renters, and hosts would park on the street. The requirement could minimize neighborhood parking conflicts as hosts better understand parking in their neighborhoods. For example, Millbrae and Redwood City require that existing onsite parking spaces are made available to renters and guests. Santa Cruz limits the number of vehicles allowed at the short-term rental to one vehicle per one bedroom unit, two vehicles per two or three bedroom unit, and one additional vehicle per additional bedroom for units in excess of three bedrooms. Require Local Contact Person: Many ordinances require a local contact person for "un-hosted rentals". This designated local contact person would respond when there are complaints. For example, San Jose requires that the host provide written notice of the name and telephone number of the local contact person to all transient users and to all occupants of all adjacent properties for "un-hosted rentals." Redwood City requires identification of a local contact person to all guests and all occupants of adjacent properties for "un-hosted rentals." The local contact person must be available 24 hours per day, 7 days per week during the term of any un-hosted stay; must respond within 60 minutes to complaints regarding the condition or operation of the dwelling unit or the conduct of guests; and must take remedial action to resolve such complaints. Registration, TOT Collection, and Enforcement: Registration: The City could require hosts to register their units via a modified business license process. The business license registration for short-term rentals could also include a primary residence confirmation, "local contact person" form, etc. as noted above. Alternatively, many cities have a separate permitting and annual registration process for short-term rentals since they are a unique business with specific restrictions. For example: • Santa Monica requires a Home Sharing Permit with a separate application process from building license registration. The term for the permit is effective for the same duration as the building permit license. • Redwood City requires hosts to register their primary residence as a short-term rental with the City on a form prepared by the City with additional information and acknowledgements. Registration may be renewed annually upon payment of registration renewal fees and all required transient occupancy tax remittance, and the host must submit information on short- term rental activity to verify the amount of tax paid. • In Santa Cruz, all owners of short-term rental units are required to obtain a short-term rental permit and TOT Certificate to use their property for short-term rental purposes. A total of 250 owner-occupied/hosted short-term rental permits are available on a first -come, first - served basis. 5 Residential Short -Term Rentals 2020 July 6, • Millbrae requires that residents interested in operating a short-term rental at their residence apply to the Community Development Department for a short-term rental permit. As designed, the program requires a business license, short-term rental permit, and completion of a transient occupancy tax certification form along with health and safety inspections to ensure compliance with applicable codes. TOT Collection: Staff proposes entering into a collection agreement with Airbnb (and possibly other platforms), which would require that Airbnb collect TOT from all hosts and remit it to the City. Staff will also review the TOT ordinance in case any changes must be made to capture TOT associated with short-term rentals. Enforcement: Staff will explore enforcement alternatives with the hosting platforms. Staff will also consider third -party platforms that track the locations of short-term rentals to ensure they are consistent with the registered unit. Registration fees and TOT collection should offset the cost of tracking and enforcement of short-term rentals. Next Steps. After receiving direction from Council, staff will develop an ordinance for consideration by the Planning Commission, possibly in August 2020 (tentative date). The Planning Commission will make a recommendation to Council on the adoption of the ordinance. In the interim, staff will conduct outreach to Airbnb, VRBO, and other hosting platforms, as well as Burlingame -based "hosts." FISCAL IMPACT There is limited fiscal impact associated with preparing a short-term rentals ordinance for Planning Commission review and City Council review and approval. The total amount of TOT collected from short-term rentals will depend on occupancy rates and average nightly revenue. Exhibits: • December 2019 City Council Study Session Staff Report • December 2019 City Council Study Session Minutes • Example Ordinances (Redwood City and Millbrae) N. �C7 AGENDA ITEM NO: BURLINGAME STAFF REPORT MEETING DATE: December 2, 2019 To: Honorable Mayor and City Council Date: December 2, 2019 From: Kevin Gardiner, Community Development Director — (650) 558-7253 Kathleen Kane, City Attorney — (650) 558-7263 Subject Discussion of Short -Term Rentals RECOMMENDATION Staff recommends that the City Council discuss residential short-term rentals and provide direction regarding any future work on the issue. BACKGROUND Residential short-term rentals are defined as dwelling units that are rented for periods lasting fewer than 30 days. Common examples include renting a room, house, or an apartment for a week or weekend for a short stay or for several weeks. Short-term rentals are most commonly offered and rented through online hosting platforms such as Airbnb, VRBO, Hostmaker, Sonder, Vacasa, and HomeAway. While short-term rentals can provide income to residents and broader lodging options than the existing hotel market, there can be significant downsides to these uses. The popularity and profitability of short-term rentals has spurred an industry where dwellings are used exclusively for short-term rentals, removing housing stock that could otherwise be available for longer lease terms. A rotating series of renters in residential neighborhoods can create traffic, noise, parking, and safety concerns for neighborhoods. The short-term rental industry has grown and evolved at a fast pace in recent years. Once a small, informal part of the economy, it is now larger and more established. Its growth in popularity, coupled with an increase in the professional ization of the industry, including the emergence of full-time rentals and hosts that do not live in the units they are renting, have raised the profile of this issue and led many jurisdictions to consider regulation and taxation. The City's existing transient occupancy tax applies to short term rentals when they meet the municipal code's definition of "hotel," which is as follows: "Hotel" means any structure, or any portion of any structure, which is occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodginghouse, roominghouse, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location, or other similar structure or portion thereof. Therefore, a residential unit or portion thereof which is "occupied ... by 1 Residential Short -Term Rentals December 2, 2019 transients for dwelling, lodging or sleeping purposes" is required to collect transient occupancy tax on behalf of the City. The City does not currently have a program for monitoring or collection of TOT from short-term rentals. Operators running short term rentals are also required to secure a business license. Currently, there are seven registered short-term rentals in Burlingame, but the City doesn't have access to data regarding how many nights per year they are rented out, or whether owners are on the premises during such rentals. Looking at online advertisements for short-term rentals (which do not provide addresses), it appears as though fewer than ten percent of rentals are registered with the City. However, it can be difficult to ascertain whether the rentals listed are in frequent or occasional use. The City has received complaints regarding fewer than ten locations relating to short-term rentals in the last three years. The majority of these were related to the fact of a short-term rental existing in a nearby residence. The relevant property owners were referred to the Finance Department and secured business licenses. One complaint related to overflowing garbage bins. One location has generated several different complaints by neighbors, including renters coming and going at various times, ride share drivers blocking the street for drop off and pickup, the owner not being on site, and work without permits. DISCUSSION The short-term rental market has various components. A variety of activities fall under the general category of short-term vacation rental, ranging from occasionally renting an extra bedroom to leasing an entire home or residential unit on a short-term basis year-round. While some cities have chosen to regulate all rentals the same way, these different types of activities have different potential impacts. One of the ways to categorize vacation rentals is to identify those rentals that are hosted or unhosted. Hosted rentals may include just bedrooms or sometimes accessory buildings or Accessory Dwelling Units (ADUs), and have an owner or resident living on the property. This type of rental is perceived to be less of an issue because there is someone living on -site who can respond to problems that might arise. Unhosted rentals may include the entire home and sometimes an accessory building or ADU, that are vacant and do not have an owner or resident living on the property. These types of short-term rentals can be owned by investors, who are buying them to rent as a business, or by local homeowners who are away temporarily. There are also hosts that rent their home as an unhosted rental for corporate retreats, either during the day or overnight. It is additionally important to distinguish if units are dedicated for year-round short-term rental or available only for a limited time. Units that are rented on a short-term basis year-round will be removed from the jurisdiction's housing stock as a potential source of local housing. The number and composition of short-term rentals in a jurisdiction can be challenging to determine given the wide array of listing platforms, as well as the lack of transparency in the listings themselves. However, a number of data aggregators have emerged in recent years that download and analyze listings from the most commonly used platforms, and in some instances 2 Residential Short -Term Rentals December 2, 2019 assist municipalities in enforcing short-term rental regulations. Host Compliance and AirDNA are two examples, but there are many others. As a potential snapshot of short-term rentals in Burlingame, AirDNA provides the following figures (as of November 2019):' • There are 116 active rentals within Burlingame. • 58% of the listings (67 listings) are for an entire home or unit; 41 % (48 listings) are for a private room in a home or unit. There is also one listing (1 %) offering a shared room. • 30% of the listings are available full-time, implying that the room or unit is dedicated exclusively to short-term rental. • 86% of the listings are listed on Airbnb; 7% are listed on HomeAway; and 7% are listed on both platforms. • There is an average of 3.9 guests per rental. • 41 % of the listings allow one-night stays; 24% require two nights; 12% require three nights; 10% require between four and six nights; and 8% require seven to 29 nights. 5% require 30 nights or more. As a point of reference, 116 listings is roughly equivalent to the size of one of the medium-sized hotels in Burlingame such as the Bay Landing Hotel (130 rooms) or Hilton Garden Inn (132 rooms). Re_pulatory Options. There are many levels of regulation to consider. The challenge is to decide which types of rental activities a jurisdiction wants to encourage, regulate, or not allow. The graphic below illustrates a continuum of regulatory choices related to short-term rentals. Tax Only Regulate Regulate Do Not Regulate Lightly Heavily Allow Many jurisdictions apply different levels of regulation to different types of short-term rentals. For example, the graphic below indicates the range of different listing types and suggests that different approaches may be desirable or appropriate for different types of listings and whether or not the listing is an occasional or dedicated (year-round) rental: ' https://www.airdna.co/vacation-rental-data/app/us/california/burlingame/burlingame/overview - accessed 11/24/19 3 Residential Short -Term Rentals December 2, 2019 Shared Bedroom Shared Bedroom Private Bedroom Private Bedroom Accessory Unit Accessory Unit 6M Entire Unit or Home Entire Unit or Home Below is an overview of some of the more common approaches jurisdictions have implemented to regulate short-term rentals: Collecting Transient Occupancy Tax (TOT): Listing services like Airbnb have been willing to collect a TOT and remit it to jurisdictions on a semi-annual basis. Listing services also have agreed with some jurisdictions to remove illegal listings or those that pose a significant code enforcement challenge. A number of local cities, including Redwood City, San Francisco, and Berkeley, have negotiated deals where their hotel tax is automatically collected. These arrangements generally require cooperation with the listing companies and fewer limitations on listed properties. Requiring Permits: A common strategy for cities looking to regulate short-term rentals is to require a local permit. It is important to balance the cost and difficulty for a potential host to acquire a permit with the need for regulation. If it is too expensive or difficult to get a permit, casual hosts may be discouraged from applying. However, a professional host may not be discouraged by such regulation. Also, an overly cumbersome permitting system may result in people renting their homes without permits. Nonetheless, permits are a potentially important strategy to help cities understand and regulate the short-term rental market. For the permitting process, there are many decisions to make such as cost, what department will issue permits, notices to neighbors, business license requirements, length of permit, and the revocation process. Jurisdictions have also shown interest in requiring online listings to display host permit numbers, which both hosts and sites have been resistant to do. Occupancy, Parking and Noise Complaint Resolution Options: Limits on occupancy, parking, and noise can help address many conflicts that might be anticipated to come up, such as increased traffic, negative impacts to neighborhood character, and disruptions. A common M Residential Short -Term Rentals December 2, 2019 occupancy limit on the number of people is two times the number of bedrooms plus two people. Other strategies include allowing no more than four guests at a time. Rentals in Burlingame are already required to comply with existing noise and public nuisance regulations, as is every unit in the city. Noise and public nuisance violations can be difficult to document, but the Police Department and Code Enforcement functions are actively engaged in enforcing the code standards as complaints arise. Additional potential requirements include posting noise notices in units and revoking permits for those units with repeated violations. Management and Residency Requirements: Management and residency requirements are particularly helpful to regulate un-hosted units, and ensure that if issues arise, there is someone available to promptly respond. One popular management policy is to require a manager, owner, or responsible party to respond on -site within a given time limit, such as within 15 minutes or up to one hour. Other cities have taken a more lenient approach and required that someone be available by phone 24/7 to resolve issues. Neiphborin_g Jurisdictions: Neighboring jurisdictions in San Mateo County have taken a variety of the above approaches in regulating short-term rentals. Table 1 below provides a summary of neighboring jurisdictions: TABLE 1 SHORT-TERM RENTALS — NEIGHBORING COMMUNITIES JurisdictionBusiness License • Required Atherton No — prohibited in N/A N/A N/A all residential districts Belmont Yes — allowed by Yes — no separate Yes No right short-term rental permit Hillsborough No — must be 31 Yes (for long-term N/A N/A days or more rentals) Millbrae Yes Yes — short-term Yes — TOT Yes, for 265 rental permit and certificate nights out of the business license required, collected year required monthly Redwood City Yes No — short-term Yes — TOT Yes, if the unit is rental registration certificate required to be rented for form required, but more than 120 no separate nights per year business license San Carlos No — prohibited in N/A N/A N/A all residential districts San Mateo Yes Yes — business Yes — TOT No tax certificate certificate required (same as required, collected bus license) monthly R Residential Short -Term Rentals December 2, 2019 Other Jurisdictions: Staff also surveyed a sampling of other jurisdictions outside the immediate area as reference: TABLE 2 SHORT-TERM RENTALS — SAMPLE OF OTHER COMMUNITIES JurisdictionBusiness License • Required Los Altos No — prohibited in N/A N/A N/A all residential districts Monterey No — prohibited in N/A N/A N/A all residential districts Orinda Yes No — short-term Yes — TOT Yes — while the registration form certificate City considers required, but no required, then stricter ordinance separate business paid quarterly with requirements license required TOT return form Santa Cruz Yes Yes — short-term Yes — TOT Yes — ADU and permit required, certificate required non -hosted short - limited to 250 term rentals licenses on first- prohibited come, first -serve basis Santa Monica Yes Yes — Home- Yes — monthly Yes Share Business License and Home -Share Permit required Sausalito No — prohibited in N/A N/A N/A all residential districts Enforcement: Jurisdictions have found it much easier to develop short-term rental regulations than to enforce them. Although many cities require hosts to register for licenses, they frequently are only able to respond to complaints. It can be difficult to know who is in compliance without involving the hosting platforms or data aggregators. One option jurisdictions have is to make it illegal for sites to list rentals from unregistered hosts. Another option is to require host license numbers on listings. Unless a jurisdiction decides on a complete ban on short-term rental activity, regulations will be difficult to enforce without requiring an enforcement role from the rental sites. Efforts to enact strict regulations on short-term rentals or to require specific actions by listing services have resulted in significant litigation from the hosting companies across the state. Should the City Council direct staff to develop regulations, a confidential legal risk analysis will be part of staff's recommendations. ON Residential Short -Term Rentals December 2, 2019 FISCAL IMPACT The current number of short-term rental listings is roughly equivalent to the size of one of the business -class hotels in Burlingame such as the Bay Landing Hotel (130 rooms) or Hilton Garden Inn (132 rooms). Should the City enact a program to collect transient occupancy tax (TOT) from short-term rentals, the additional revenue could be comparable to that of a medium-sized hotel, or approximately $600,000-700,000. 7 CITY 0 BURLINGAME BURLINGAME CITY COUNCIL Approved Minutes Regular Meeting on December 2, 2019 STUDY SESSION a. DISCUSSION OF SHORT-TERM RENTALS CDD Gardiner began by stating that the purpose of the study session was for the Council to discuss residential short-term rentals and provide direction to staff regarding any future work on the issue. CDD Gardiner stated that currently, the City requires short-term rental operations to have a business license. Additionally, the City's existing transient occupancy tax ("TOT") applies to short-term rentals when they meet the municipal code's definition of hotel. He noted that currently, the City doesn't have a program for monitoring or collecting TOT from short-term rentals and that only approximately 10% of rental operations have acquired business licenses. CDD Gardiner reviewed the perceived community impacts of short-term rentals. He discussed a variety of elements that can affect the impact on the community including: • Whether the short-term rental is a shared bedroom versus an entire unit • Whether the owner is onsite • Whether the unit is 100% dedicated to short-term rental CDD Gardiner discussed neighboring communities' approaches to short-term rentals. He showed a table that listed the different jurisdictions and the requirements that were put on short-term rentals (this information can be found on page 5 of the staff report). He noted that there is no uniform approach. City Attorney Kane discussed the issue of obtaining cooperation from the listing companies, such as Airbnb. She explained that if the listing company perceives the City as being cooperative, the City can obtain data from the company concerning how many listings there are in the city, where they are located, and how frequently they are rented. She noted that listing companies have sued cities for enacting total bans on short- term rentals. City Attorney Kane discussed San Francisco's litigation with Airbnb that had cost the City a lot of money over the course of several years. She stated that San Francisco reached a settlement with Airbnb that included Airbnb giving the City access to their data in exchange for removing some of the limitations the City had imposed. City Attorney Kane discussed the recent incident in Orinda in which a shooting occurred at an Airbnb during Burlingame City Council December 2, 2019 Approved Minutes a house parry. She stated that in the wake of this incident, cities looked at restricting large party/retreat rentals by requiring the host to be onsite. She added that another option is to require that the unit be rented for more than one night. City Attorney Kane stated that the City has received very few complaints about short-term rentals. She added that she believes the City has at least 100 listings, with only a few of the owners having business licenses. Councilmember Brownrigg stated that the staff report implies that the fiscal impact of collecting TOT from the 100 listings in the City would be the equivalent of one of the City's modest -sized hotels. He explained that he believed this was incorrect, as he didn't believe the short-term rental listings would have the same occupancy rates as the City's hotels. City Attorney Kane replied that staff s calculations were an attempt to give Council a sense of the scale of the fiscal impact. She noted that the impact also depends on whether the City can collect. Councilmember Brownrigg stated that as the Council discusses regulating short-term rentals, he didn't believe the Council should consider the fiscal impact. Councilmember Brownrigg asked if the City received any input from the hotels. City Attorney Kane replied in the affirmative. She explained that the hotels want the short-term rentals to pay TOT. Councilmember O'Brien Keighran asked about pod -shares (multiple bunkbeds in one room for young professionals) and where they would fall under the regulations. City Attorney Kane replied that short-term rentals are defined as rentals for 30 days or less. Therefore, if you are renting a bunk for less than 30 days, it would be a short-term rental. Councilmember O'Brien Keighran asked if the City could put a limit on the number of bedrooms that are rented. City Attorney Kane replied that a lot of the legality around short-term rentals is not well -established. Therefore, it would come down to the issue of property rights and the definition of a family. However, she explained that if the City regulates with the purpose of preventing noise and traffic problems, it could steer the City towards a defensible policy on the number of rooms that can be rented. Councilmember O'Brien Keighran asked if there is State law regarding how many people are allowed in a rental unit. City Attorney Kane replied in the affirmative. But she noted that under the building code, it is a surprisingly small amount of square footage that is required per person. Vice Mayor Beach asked if the City received a clamoring of people wanting the City to allow short-term rentals. City Attorney Kane replied that most of the people that want to undertake a short-term rental just do it. Vice Mayor Beach asked if staff had a sense of whether the short-term rental properties in Burlingame are single-family homes or ADUs. CDD Gardiner replied in the negative. Vice Mayor Beach asked if towns like Atherton and Hillsborough that require short-term rentals to be for longer stays have been sued. City Attorney Kane replied that she would get back to Council with this 2 Burlingame City Council December 2, 2019 Approved Minutes information. Vice Mayor Beach stated that her sense is that a shorter -term rental has more of an impact on a neighborhood than a longer rental. She noted that what she was hearing from staff is that the more restrictions the City puts on short-term rentals, the greater increase in the risk of litigation from listing companies. Additionally, she stated that if the City puts restrictions on short-term rentals, the listing companies may not share data with the City. City Attorney Kane stated that to get data from the listing companies, the City must be permissive. She noted that the City hasn't had any direct conversation with the listing companies. Councilmember O'Brien Keighran discussed San Francisco's requirements that short-term rentals have business licenses, and hosts must be onsite for all but 90 days a year. City Attorney Kane replied that San Francisco's requirements were hard won, and that San Francisco has a team dedicated to the regulation of short-term rentals. Councilmember O'Brien Keighran asked if the City was to receive several complaints about a short-term rental, could the City ban the owner from utilizing the property for short-term rentals. City Attorney Kane replied in the affirmative. She noted that if the City has the cooperation of the listing companies, the listing companies will then remove that property from their website. Mayor Colson opened the item up for public comment. No one spoke. Councilmember Ortiz stated that he doesn't believe that the City should ban short-term rentals. He explained that he believed that the City needed a more nuanced approach. He stated that the complaints he has received concern traffic and noise. Therefore, he explained that whatever regulations the City adopts, it should be with the focus on minimizing those issues for the neighbors. Councilmember O'Brien Keighran stated the importance of regulating short-term rentals in a commonsense/empathetic way. She stated that she would like the owners to get a business license and pay TOT, and she would like to require the host to be onsite for most of the time. She voiced concern about owners utilizing their dining rooms, living rooms, and other rooms as bedrooms for short-term rentals. She noted that this usage would increase traffic and noise problems in small neighborhoods. Vice Mayor Beach stated that two of the Council's infrastructure priorities are transportation and housing. She explained that she believed that short-term rentals might detract from achieving those goals. She stated that individuals in a single-family neighborhood didn't sign up to live next to short-term rentals. She noted that if the City approves short-term rentals, the owner must have a business license and pay TOT. Additionally, she requested that the host be onsite, the rental have a minimum stay requirement of a few days, and if the short-term rental receives two strikes, then it is no longer allowed to operate. Councilmember Brownrigg stated the City needed to be careful not to capture HIP Housing and other similar programs when regulating short-term rentals. He stated that his concern focuses on a single-family home becoming a boarding house. Therefore, he wondered if the City should limit the number of renters allowed at a time. City Attorney Kane stated that she would need to further research this idea and how it would apply to the definition of family. 3 Burlingame City Council December 2, 2019 Approved Minutes Mayor Colson stated that she reviewed how other cities have regulated short-term rentals. She explained that she agreed that owners should have a business license, the City should collect TOT, and the City should require a two-day rental minimum. She stated that she didn't want to ban short-term rentals. Councilmember Brownrigg asked whether it is the City itself or the listing company that collects the TOT. City Attorney Kane stated that the companies don't directly collect the TOT, but some of their websites provide a mechanism for that payment. Vice Mayor Beach asked if the City imposed a minimum stay requirement, would listing companies allow the City access to their data. City Attorney Kane replied that she would need to get back to Council with this information. Councilmember O'Brien Keighran asked staff to send Council the San Francisco ordinance. City Attorney Kane replied in the affirmative and noted that Airbnb's general counsel has stated that Airbnb is not giving other cities the same deal that San Francisco was given. Councilmember Ortiz asked if absent the cooperation from the listing companies, is the City relying on the individual owners to report and collect TOT. City Attorney Kane replied in the affirmative. She noted that there are third party data miners that the City could hire to obtain more information. Councilmember O'Brien Keighran asked if the City could implement a fine if the City finds out that the property isn't registered as a short-term rental. City Attorney Kane replied in the affirmative. Councilmember Ortiz stated that it sounded like there was a consensus amongst the Council for the host to be present for a portion of the year. The Council agreed. City Attorney Kane noted that one of the risks of short-term rentals is that it removes units from the market for more permanent residents. She stated that it was her suggestion that any official BMR unit not be available for short-term rental. She explained that in January 2020, there are several new laws concerning ADUs that go into effect. Therefore, she will need to review how these affect short-term rentals. Mayor Colson closed the study session and asked staff to further review Council's concerns. 1. CALL TO ORDER A duly noticed meeting of the Burlingame City Council was held on the above date in the City Hall Council Chambers at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE TO THE FLAG The pledge of allegiance was led by Dina from Gatepath. 4 Burlingame City Council December 2, 2019 Approved Minutes Example Short -Term Rental Ordinance: City of Redwood City ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDWOOD CITY ADDING SECTION 31.3 TO ARTICLE 31 OF THE REDWOOD CITY ZONING ORDINANCE REGARDING REGULATIONS RELATING TO SHORT-TERM RENTALS AS AN INCIDENTAL USE TO SPECIFIED RESIDENTIAL USES WHEREAS, the proposed Zoning Ordinance Amendment (the "Zoning Ordinance Amendment") would add Section 31.3 to Article 31 of the Redwood City Zoning Ordinance in order to codify short-term rentals as an incidental use to specified residential uses and to establish rules and standards for such incidental use; and WHEREAS, on November 21, 2017, the Planning Commission held a duly -noticed public hearing on the proposed Zoning Ordinance Amendment and recommended changes, namely removing the requirement for a business license and allowing short- term rentals in accessory dwelling units; and WHEREAS, on January 8, 2018, the City Council held a duly -noticed public hearing on the proposed Zoning Ordinance Amendment and on said date the public hearing was opened, held and closed; and WHEREAS, at the public hearing the City Council considered the whole of the record including, but not limited to, any written and oral public comments, staff reports and staff presentations. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF REDWOOD CITY DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The foregoing recitals are true and correct, are hereby incorporated herein by this reference as if fully set forth in their entirety, and constitute findings in this matter. Section 2. The City Council hereby finds that the proposed Zoning Ordinance Amendment is in the public interest and consistent with the Redwood City General Plan as described in the staff report. Section 3. This proposed Zoning Ordinance Amendment has been reviewed with respect to applicability of the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq.). Passage of the Zoning Ordinance Amendment is not considered a project under Section 15378 as the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment. Alternatively, the Zoning Ordinance Amendment is exempt from CEQA as it can be seen with certainty that there is no possibility for causing a ATTY/ORD.451/ZA ORDINANCE ADDING SECTION 31.3 TO ARTICLE 31 SHORT TERM RENTALS REV: 03-07-18 PR Page 1 of 7 significant effect on the environment (Section 15061(b)(3)) as described in the staff report. Pursuant to CEQA Guidelines Section 15091(e), the documents and other materials that constitute the record of proceedings upon which the City Council has based its decision are located in and may be obtained from the Office of the City Clerk at 1017 Middlefield Road, Redwood City, California. The City Clerk is the custodian of records for all matters before the City. Section 4. If any section, subsection, clause or phrase of this Zoning Ordinance Amendment is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion or sections of the Zoning Ordinance Amendment. The City Council of the City of Redwood City hereby declares that it would have adopted the Zoning Ordinance Amendment and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional. Section 5. The City Council of the City of Redwood City adopts the following amendment to Article 31 of the Redwood City Zoning Ordinance by adding a new Section 31.3 as shown in Exhibit A, which is attached hereto and incorporated herein by reference. Wording in brackets ([example]) is informational only and is not to be included in the published ordinance. (Exhibit A) Section 6. This Ordinance shall go into effect 30 days following its adoption. ATTY/ORD.451/ZA ORDINANCE ADDING SECTION 31.3 TO ARTICLE 31 SHORT TERM RENTALS REV: 03-07-18 PR Page 2 of 7 FYhihif A [Section 31.3 is hereby added to the Redwood City Zoning Ordinance as follows:] "31.3 — Short -Term Rental Use Incidental to a Primary Residence A. Purpose. The purpose of this section is to: 1. Allow limited short-term rental uses while preventing the loss of housing stock; 2. Preserve residential character and establish operating standards to reduce potential noise, parking, traffic, property maintenance and safety impacts on adjacent neighbors; and 3. Provide a registration process for the City to track and enforce these requirements as needed and ensure appropriate collection of transient occupancy taxes. B. Definitions. For purposes of this section, the following definitions shall apply: 1. Adjacent properties. The dwelling units located next to the dwelling unit in which the short-term rental is located. 2. Host. Any person who is the owner of record of residential real property or any person who is a lessee of residential real property pursuant to a written agreement for the lease of such real property, who offers a dwelling unit, or portion thereof, for short-term rental either through a hosting platform or individually as an operator. 3. Hosting platform. A means through which a host may offer a dwelling unit, or portion thereof, for short-term rental. A hosting platform includes, but is not limited to, an internet-based platform that allows a host to advertise and potentially arrange for temporary occupation of the dwelling unit, or portion thereof, through a publicly searchable website, whether the short-term renter pays rent directly to the host or to the hosting platform. 4. Primary residence. A primary residence is a dwelling unit where a person has been physically present and that the person regards as home. A person may only have one primary residence at any given time. Evidence of a person's primary residence includes, but is not limited to, documentation from income tax statements or a ATTY/ORD.451/ZA ORDINANCE ADDING SECTION 31.3 TO ARTICLE 31 SHORT TERM RENTALS REV: 03-07-18 PR Page 3 of 7 driver's license. If a property has multiple dwelling units, including an accessory dwelling unit or apartment complex, each dwelling unit and accessory dwelling unit shall be considered a separate residence subject to the primary residence requirement. 5. Short-term rental. The use or possession of or the right to use or possess any room or rooms, or portions thereof in any dwelling unit for residing, sleeping or lodging purposes for less than 30 consecutive calendar days, counting portions of days as full calendar days. 6. Short-term renter. A person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of less than 30 consecutive calendar days, counting portions of calendar days as full calendar days. C. Permitted Use. Short-term rental uses shall be permitted in any primary residence subject to the requirements of this section, including compliance with the operating standards, registration, Transient Occupancy Tax payments, and recordkeeping obligations. Except as provided for in this section, all other short-term rental uses shall be prohibited. D. Operating standards. The following operating standards shall apply to short-term rentals: 1. Legal Dwelling. Short-term rentals may only occur within legal dwelling units. 2. Limitation on Listings. Short-term rentals shall not have more than 2 listings for the same primary residence on the same days. 3. Annual Limit. A primary residence may be occupied as a short-term rental for no more than 120 days per calendar year where no host is present. There shall be no limit on the number of days a primary residence may be occupied as a short- term rental where the host is present. For purposes of this Section 31.3, a host is considered present when they are on the premises at all times between the hours of 10:00 p.m. and 6:00 a.m. 4. Local Contact Person. Hosts shall identify to all guests and all occupants of adjacent properties a local contact person to be available 24 hours per day, 7 days per week during the term of any unhosted stay. The designated local contact person shall: a. Respond within 60 minutes to complaints regarding the condition or operation of the dwelling unit or the conduct of guests; and ATTY/ORD.451/ZA ORDINANCE ADDING SECTION 31.3 TO ARTICLE 31 SHORT TERM RENTALS REV: 03-07-18 PR Page 4 of 7 b. Take remedial action to resolve such complaints. 5. Parking. No additional parking shall be required for short-term rentals. Existing on -site parking spaces shall be made available to short-term renters. 6. Special Event. Weddings, corporate events, commercial functions, and any other similar events which have the potential to cause traffic, parking, noise or other problems in the neighborhood are prohibited from occurring at the short-term rental property, as a component of short-term rental activities. E. Registration and Annual Renewal. 1. Application. Prior to advertising or making available the primary residence for renting, hosts shall register their primary residence as a short-term rental with the City. This registration shall be submitted on a form prepared by the City and shall include the name and contact information of the host, the address of the primary residence being used for short-term rental, the contact information for the local contact person, an acknowledgement of compliance with the requirements of the City's Zoning Ordinance, Municipal Codes, applicable health and safety standards, and other information as requested. 2. Fee. The registration form shall be accompanied by a filing fee in an amount established by resolution of the City Council and updated from time to time. 3. Application Completeness. The submitted information shall be used to determine whether to register the short-term rental. The host will be notified if an application is incomplete. If the host fails to timely submit the required information or fees necessary to complete the application, the application shall expire and be deemed withdrawn. 4. Decision. The City Manager or his/her designee shall be responsible for deciding short-term rental registration applications. After an application is deemed complete, registration shall be approved where: a. The host demonstrates the ability to meet the requirements of this chapter, b. The subject primary residence is not the subject of an active compliance order or administrative citation from the City in the past 12 months, and c. A short-term rental registration for the primary residence has not been denied or revoked in the prior 24-month period. 5. Validity. An approved registration shall be valid and payable on a fiscal year basis. An approved registration shall be personal to the host and shall automatically expire upon sale or transfer of the dwelling unit. No registration may be assigned, transferred, or loaned to any other person. ATTY/ORD.451/ZA ORDINANCE ADDING SECTION 31.3 TO ARTICLE 31 SHORT TERM RENTALS REV: 03-07-18 PR Page 5 of 7 6. Annual Renewal. A registration may be renewed annually upon payment of registration renewal fees and all required transient occupancy tax remittance associated with the short-term rental. The host shall submit such information concerning the short-term rental activity as may be required to enable the tax collector to verify the amount of tax paid. Failure to renew prior to the expiration date will result in expiration of the registration. 7. Requirements Not Exclusive. The issuance of a short-term rental registration shall not relieve any person of the obligation to comply with all other provisions of this code applicable to the use and occupancy of the property. 8. Administrative Policy. The City Manager or his/her designee shall have the authority to develop administrative policies to implement the intent of this Chapter. F. Transient Occupancy Tax (TOT). Transient occupancy taxes must be collected for short-term rentals and paid to the City pursuant to Chapter 32, Article IV of the Redwood City Code. Collection of transient occupancy taxes for short-term rentals shall be the responsibility of the host. The hosting platform shall collect TOT when they have signed a voluntary collection agreement (or equivalent) with the City. G. Enforcement. 1. Revocation of Registration. A short-term rental registration issued under the provisions of this Section may be revoked by the Zoning Administrator after notice and hearing as provided for in this Section, for any of the following reasons: a. Fraud, misrepresentation, or false statements contained in the application; b. Fraud, misrepresentation, or false statements made in the course of carrying on a short-term rental as regulated by this Section; c. Any violation of any provision of this Section or of any provision of this code; or d. Any violation of any provision of federal, state or local laws. 2. Revocation Hearing. Before revoking a short-term rental registration, the Zoning Administrator shall give the responsible host notice in writing of the proposed revocation and of the grounds thereunder, and also of the time and place at which the host will be given a reasonable opportunity to show cause why the registration should not be revoked. The notice may be served personally upon the host or may be mailed to the host at the last known address or at any address shown upon the application at least 10 days prior to the date of the hearing. Upon conclusion of the hearing the Zoning Administrator may, for the grounds set forth herein, revoke the registration. ATTY/ORD.451/ZA ORDINANCE ADDING SECTION 31.3 TO ARTICLE 31 SHORT TERM RENTALS REV: 03-07-18 PR Page 6 of 7 3. Appeal from Denial or Revocation of Registration. Any host whose application has been denied or registration has been revoked shall have the right to an administrative appeal before the City Manager or a designated hearing officer. An appeal shall be filed in writing on a form provided by the City stating the grounds therefor within 10 days of the decision. The City Manager or designated hearing officer shall hold a hearing thereon within a reasonable time and the decision shall be final. 4. Waiting Period. Any host whose registration has been denied or revoked shall be ineligible from applying for a new registration for a 24-month period. 5. Records of Compliance. The host shall retain records documenting the compliance with these requirements for a period of three (3) years after each period of short-term rental, including but not limited to records showing payment of transient occupancy taxes by a hosting platform on behalf of a host. Upon reasonable notice, the host shall provide any such documentation to City upon request for the purpose of inspection or audit to the City Manager or his/her designee. 6. Violations. Penalties as provided for in Article 50 (Enforcement) may be imposed for failure to comply with the provisions of this Section. H. Amnesty Period for Short -Term Rentals. Notwithstanding any other provision of law, short-term rentals operating on or before the enactment of this ordinance shall be considered existing, unpermitted uses. An amnesty period of one year after the effective date of this ordinance is being offered to allow these existing, unpermitted uses to be legalized by conforming to the requirements of this Section, including compliance with operating standards, registration, and recordkeeping obligations. Transient Occupancy Tax payments continue to be required at all times for short-term rentals and must be collected and paid during the amnesty period. Applications to bring an existing, unpermitted short-term rental use into compliance shall be made on or before one year after the effective date of this ordinance. Existing short-term rental uses that do not conform to the requirements of this section shall cease operation within one year of the effective date of this ordinance and shall be prohibited from resuming unless and until the use conforms to the requirements of this Section. ATTY/ORD.451/ZA ORDINANCE ADDING SECTION 31.3 TO ARTICLE 31 SHORT TERM RENTALS REV: 03-07-18 PR Page 7 of 7 Example Short -Term Rental Ordinance and Application Materials: City of Millbrae ORDINANCE NO. 771 CITY OF MILLBRAE, COUNTY OF SAN MATEO STATE OF CALIFORNIA AN ORDINANCE AMENDING CHAPTER 3.30 OF TITLE 3, CHAPTER 5.100 OF TITLE 5, AND CHAPTER 10.05 OF TITLE 10, AND ADDING CHAPTER 7.30 OF TITLE 7 OF THE MILLBRAE MUNICIPAL CODE TO PROVIDE FOR THE REGULATION OF SHORT-TERM RESIDENTIAL RENTALS AND COLLECTION OF TRANSIENT OCCUPANCY TAXES THEREFROM WHEREAS, short-term residential rentals (STRRs) are a form of rental wherein the lessor leases all or part of a single family dwelling, a unit in a multi -family dwelling, or an accessory dwelling unit to a renter for residential purposes for durations fewer than 30 consecutive days; and WHEREAS, many Millbrae residents operate or desire to operate STRRs out of their homes as a means of generating extra income; and WHEREAS, the City benefits from STRRs through increased tourism and commercial activity; and WHEREAS, STRRs have the potential to cause disturbances in residential neighborhoods and impact the well-being of the surrounding community; and WHEREAS, the City desires to permit and regulate STRRs in a manner that minimizes the impact on neighbors while maximizing the benefit to the community; and WHEREAS, many individuals renting STRRs do so through new methods not adequately addressed by the City's transient occupancy tax collection system; and WHEREAS, staff recommends amending Title 3, Chapter 3.30 "Uniform Transient Occupancy Tax" of the Millbrae Municipal Code to provide for the collection of transient occupancy tax from STRRs; and WHEREAS, staff recommends amending Title 5, Chapter 5.100 "Response to Unruly Gatherings" of the Millbrae Municipal Code to provide law enforcement with additional remedies to address unruly disturbances arising out of STRRs; and WHEREAS, staff recommends adding Title 7, Chapter 7.30 "Short -Term Residential Rental Permits" of the Millbrae Municipal Code to provide for a permitting and regulatory scheme for STRRs; and WHEREAS, staff recommends amending Title 10, Chapter 10.05 "Zoning" of the Millbrae Municipal Code to include STRRs as a permitted use in all zoning districts where residential uses are allowed, subject to certain conditions. 14381245.10 NOW THEREFORE THE CITY COUNCIL OF THE CITY OF MILLBRAE DOES ORDAIN AS FOLLOWS: SECTION 1: AMENDMENT OF CHAPTER 3.30 UNIFORM TRANSIENT OCCUPANCY TAX Subsection A. Section 3.30.020 "Definitions" is hereby amended to add subsection (H) as follows: H. "Hosting Platform" means a means or facility through which an operator may offer a short-term residential rental unit, or portion thereof, for occupancy by a transient. A hosting platform includes, but is not limited to, an internet-based platform that allows an operator to advertise and arrange for occupancy of a commercial lodging or short-term residential rental by a transient, whether the transient pays rent directly to the operator or to the hosting platform. Subsection B. Section 3.30.060 "Registration" is hereby amended and restated in its entirety to read as follows: Section 3.30.060 Registration Within ten days after commencing business, each operator of any hotel renting occupancy to transients shall register said hotel with the tax administrator and obtain from him a "Transient Occupancy Registration Certificate" to be at all times posted in a conspicuous place on the premises. An application for a Transient Occupancy Registration Certificate must include whether the operator intends to collect and remit transient occupancy tax through a hosting platform, and the identity of any hosting platform the operator intends to use. Said certificate shall, among other things, state the following: A. The name of the operator; B. The address of the hotel; C. The date upon which the certificate was issued; D. The following statement: "This Transient Occupancy Registration Certificate signifies that the person named on the face hereof has fulfilled the requirements of the Uniform Transient Occupancy Tax Ordinance by registering with the Tax Administrator for the purpose of collecting from transients the Transient Occupancy Tax and remitting said tax to the Tax Administrator. This certificate does not authorize any person to conduct any unlawful business or to conduct any lawful business in an unlawful manner, nor to operate a hotel without strictly complying with all local applicable laws, including but not limited to those requiring a permit from any board, commission, department or office of this City. This certificate does not constitute a permit." Subsection C. Section 3.30.070 "Reporting and remitting" is hereby amended and restated in its entirety to read as follows: 3.30.070 Reporting and remitting A. Each operator shall on or before the tenth day of each month, or at the close of any shorter reporting period, or longer reporting period, which may be established by the tax administrator, make a return to the tax administrator, on forms provided by him, of the total rents charged and 2 14381245.10 received, the amount of tax collected for transient occupancies during the preceding calendar month, the amount of tax collected on the operator's behalf by a hosting platform, the identity of the hosting platform that has participated in each transaction, the total number of rooms available, and the number of rooms rented. B. The tax administrator may, but he is not required to establish longer reporting periods for any operator if he deems it necessary by reason of the internal accounting and accounts payable system of that operator. C. Returns and payments are due immediately upon cessation of business for any reason. D. All taxes collected by operators pursuant to this chapter shall be held in trust for the account of the city and shall be promptly deposited in a separate account maintained in the name of the operator as trustee in a commercial bank or other financial institution, until payment hereof is made to the tax administrator. Each operator shall notify the city of the name and address of the commercial bank or financial institution with whom the trustee account is maintained. Subsection D. Section 3.30.075 "Collecting and remitting by hosting platforms" is hereby added to read as follows: Section 3.30.075 Collecting and remitting by hosting platforms Any hosting platform may enter into an agreement with the City for the collection and remittance of transient occupancy taxes on behalf of operators. Where a hosting platform has entered into such an agreement, the hosting platform has the same duties and liabilities of the operator under Chapter relating to collection and remission of transient occupancy taxes. Compliance with the provisions of this Chapter by either the operator or the hosting platform is considered to be compliance by both. Notwithstanding the foregoing, agreements for collection and remittance of transient occupancy taxes by hosting platforms do not relieve operators of other requirements imposed by this Chapter beyond the scope of the agreement, including, without limitation, reporting and recordkeeping requirements. Each hosting platform collecting rent or transient occupancy tax for hotels in the City must register in its own name and post its Transient Occupancy Registration Certificate on its website, if applicable. Notwithstanding the foregoing, the tax administrator, at his or her sole discretion, may require a hosting platform that collects payment of rent on behalf of an operator of a hotel in the City to comply with Section 3.30.050 and Section 3.30.070 on behalf of the operator without an agreement. SECTION 2: AMENDMENT OF CHAPTER 5.100 UNRULY DISTURBANCES Subsection A. Section 5.100.050 "Collection of charges" is hereby amended and restated in its entirety to read as follows: Section 5.100.050 Collection of charges The person or persons in charge of the premises and the person or persons in charge of the unruly gathering, or if any such person is a minor, then the parent or guardians of such person, shall be jointly and severally liable for the cost of providing the special emergency security services as provided in this section. If the property is rented as a short-term residential rental at 3 14381245.10 the time of the unruly disturbance, the permittee and authorized agent, as those terms are defined in Chapter 7.30 of this Code, are jointly and severally liable with all other persons in charge of the premises or gathering for the costs of providing the special emergency security services. Within ten days of the second call to an unruly gathering, the chief of police or his designee shall calculate the charges payable under this section and shall cause a bill to be produced and sent to the persons responsible for such charges. In the event that such a bill is not paid, in cash, within thirty days of its issuance, the bill shall be referred to the city attorney for appropriate collection activity. SECTION 3: ADDITION OF CHAPTER 7.30 SHORT-TERM RESIDENTIAL RENTAL PERMITS Subsection A. Chapter 7.30 "Short -Term Residential Rental Permits" is hereby added to Title 7 of the Millbrae Municipal Code to read as follows: 7.30.010 Scope, Purpose and Findings. 1. The purposes of this chapter (which may be referred to as the "Short -Term Residential Rental Ordinance") are to document the procedures and regulations that govern the application for, and the issuance and implementation of, permits for the operation of any short-term residential rental use within the city. 2. The City Council hereby finds that unregulated transient occupancy uses in residential and nonresidential districts present a threat to the public welfare relating to compatibility with residential uses and preservation of the character of the neighborhoods in which they are located, and to the availability of housing stock in compliance with the Housing Element of the General Plan. 3. The City Council hereby finds that the adoption of a comprehensive ordinance regulating the issuance of and operating conditions attached to short-term residential rental permits is necessary to protect the public health, safety and welfare. The purpose of this section is to provide a permit system and to impose operational requirements to minimize the potential adverse impacts of transient uses in residential neighborhoods and zoning districts on traffic, noise and density, to ensure the health, safety and welfare of renters and guests patronizing short-term residential rentals, as well as the adjacent occupants, and to impose limitations on the permits issued in order to ensure the long term availability of housing stock in compliance with the Housing Element of the City of Millbrae General Plan. 4. The City Council hereby finds that the provisions of this section which impose restrictions on commercial speech, pursuant to the restrictions on advertisements, are necessary in order to advance the city's legitimate interest in preventing rental activity that violates this code, and in regulating fraudulent, misleading, or deceptive advertising. These restrictions on advertising are necessary in order to prevent advertisers from engaging in unlawful rental activity and from misleading the general public to think that a particular property in the City of Millbrae is available for transient occupancy if, in fact, the advertised property is not authorized to be used for transient occupancy purposes in accordance with this section. 5. The City Council hereby finds that the city's regulation of short-term residential rental uses in accordance with this section is a valid exercise of the city's police power in furtherance of the legitimate governmental interests documented in this section. 4 14381245.10 7.30.020 Definitions. As used in this section: "Authorized Agent" means the person specifically authorized by an permittee of an non -hosted unit to represent and act on behalf of the permittee and to act as an operator, manager and contact person of a non -hosted unit, and to provide and receive any notices identified in this section on behalf of the permittee. The authority to operate and manage the short-term residential rental Unit must include the authority to enter the unit at any time while rented for the purposes of verifying compliance with applicable laws. The authorized agent may include the permittee, or persons other than the permittee. "Director" means the Director of the Community Development, or a designee of the Director of Community Development. "Enforcement Officer" means the Director, Chief Building Official, Fire Marshall, City Code Enforcement Officer, City Department Manager (to the extent responsible for enforcing provisions of this code), peace officer, or any other city employee designated by the Director, City Manager, or Section 1.05.020 to enforce this Chapter. "Guest" means an invitee of a renter or other person visiting a renter of a short-term residential rental unit who does not rent the unit. "Hosted Unit" means a short-term residential rental at which the permittee and sleeps while it is being rented, and at which no more than two bedrooms are rented for transient occupancy at a given time pursuant to this Chapter. "Nighttime Hours" means 9:00 p.m. to 7:00 a.m. Sunday through Thursday evenings and 10:00 p.m. to 7:00 a.m. Friday and Saturday evenings. "Non -Hosted Unit" means a short-term residential rental that is not a hosted unit. "Permittee" means the person to whom a short-term residential rental permit is issued pursuant to this Chapter. "Primary Residence" means a dwelling unit where a person is domiciled, and resides for at least 265 nights per year. A person may only have one primary residence at any given time. If a property has multiple dwelling units, including duplexes, triplexes, and properties with accessory dwelling units, each unit is considered a separate residence subject to the primary residence requirement. "Renter" means a person, other than a permittee, renting or occupying a short-term residential rental Unit for compensation of any kind in accordance with the terms of this Chapter. "Short -Term Residential Rental" is defined in Section 10.05.0200. "Short-term residential rental' includes all hosted units, and all non -hosted units. "Short -Term Residential Rental Unit" means the structure in which a short-term residential rental use is operating. 5 14381245.10 7.30.030 Short -Term Residential Rental Permit Required Operating a short-term residential rental unit without a short-term residential rental permit, including, without limitation, advertising, booking guests, and accepting monetary compensation for lodging, is prohibited. 7.30.040. Applications for Short -Term Residential Rental Permits A complete application for a short-term residential rental permit must contain all of the following: A. The following information documented in a form acceptable to the Director: 1. The name of the applicant and contact information for the applicant. 2. The address of the proposed short-term residential rental unit. 3. Proof of ownership of the proposed short-term residential rental unit, or proof of the property owner's consent to the property's use as a short-term residential rental. 4. Documentation that establishes the proposed short-term residential rental unit is the applicant's primary residence. i. If the applicant seeks to rent the short-term residential rental as a non - hosted unit, identify at least two authorized agents (include the name, mailing address, email address, and telephone number) and adequate documentation to establish that the authorized agents have the authority to operate and manage the unit. 5. The number of bedrooms and approximate square footage in the short-term residential rental unit, and the maximum number of overnight occupants under the limitations imposed under Section 7.30.070. 6. Documentation establishing that all designated bedrooms meet all applicable local building and safety code requirements. 7. The number and location of designated on -site parking spaces, and the maximum number of vehicles allowed for overnight occupants. 8. A proposed notification to neighbors, conforming with the requirements of Section 7.30.060. 9. A copy of the applicant's transient occupancy tax registration certificate. 10. Agreement to hold harmless, indemnify and defend the city against claims and litigation arising from the operation of the short-term residential rental. 11. Agreement to comply with all applicable laws and permit conditions, including the short-term residential rental operating restrictions set forth in Section 7.30.070. 12. Certification of the information submitted. 13. Any other information the Director deems necessary to process the application. B. A permit fee to cover the costs of the application and the administration of the City's regulatory program, in an amount determined by the Council. The fee may be prorated for applications submitted for a partial year. C. For tenants and applicants to rent non -hosted units, a refundable deposit of $1,000 to cover recoverable costs and penalties, including citations, cleanup and emergency response costs, incurred by the City relating to the short-term residential rental. If the City draws on the deposit, the permittee must replenish the deposit within 30 days following a written request. The Director may require a larger or smaller deposit for good cause as a condition of approval. D. The Director may develop a process for renewal of short-term residential rental permits that allows the City to verify the applicant's continued compliance with this C 14381245.10 Chapter. At the Director's discretion, a permit renewal may require less information than the initial application. 7.30.050 Permit Processing Upon receipt of an application, the Director will determine whether the application is complete. If the application is incomplete, the Director will notify the applicant. If the applicant fails to submit the required information or fees necessary to complete the application in a timely manner, the Director may deem the application withdrawn and return all submittals to the applicant. The Director will approve a complete application where the applicant demonstrates: 1) the ability to meet the requirements of this chapter; 2) the short-term residential rental use will not be detrimental to the public health, safety, or welfare; 3) the applicant has not had a short-term residential rental permit revoked in the prior 24-month period; and 4) no more than three violations of applicable federal, state, or local law, regulation, or permits relating to a short-term residential rental operated by the applicant, including, without limitation, violations of this Chapter, have occurred in the past 24-month period; 5) the applicant has no delinquent transient occupancy tax payments, fees, or penalties relating to the short-term residential rental Unit. For the purposes of this Section, all violations by renters, guests, and the permittee of the same provision at the same time on the same day constitute a single violation. Notwithstanding the foregoing, the Director may impose reasonable conditions on a permit where the Director determines that the condition will enhance the public health, safety, or welfare of the permittee, renters, or neighbors. The Director must provide a written statement explaining any decision to deny or conditionally approve an application. 7.30.060 Notice to Neighbors Within 30 days of approving a short-term residential rental permit, the Director must provide to all property owners within 500 feet of the permit: A. A concise summary of the terms of the permit, including: (i) the maximum number of daytime and nighttime hours occupants permitted in the short-term residential rental unit; (ii) the maximum number of vehicles which are allowed to be parked on the property; (iii) any conditions applied to the short-term residential rental permit; and (iv) how to obtain a complete copy of the permit and this section. B. The name and contact information, including telephone numbers and emails where the permittee (for a hosted unit) or the authorized agents (where the permit includes operation of a non -hosted unit) of the short-term residential rental may be reached at all times, 24 hours per day while the short-term residential rental unit is rented, and the location of the City's registry of short-term residential rental registry for permittees and authorized agents. C. The City of Millbrae Code Enforcement telephone number and the Sheriffs non - emergency number where members of the public may report violations of the short-term residential rental permit. 7.30.070 Short -Term Residential Rental Permits A. A short-term residential rental permit allows the permittee to rent the short-term residential rental unit for an unlimited number of nights as a hosted unit, and if approved by the Director, up to 100 nights as a non -hosted unit during the duration of the permit. 7 14381245.10 B. Renters must comply, and permittees must ensure compliance of their renters, with the following rules: 1. Nighttime hours occupancy of the short-term residential rental may not exceed two persons per bedroom, plus two additional persons per short-term residential rental Unit. For the purposes of this section, a studio is considered to have zero bedrooms. 2. Daytime occupancy is limited to twice the nighttime occupancy of the short-term residential rental. 3. No additional parking is required for short-term residential rental units. The number of vehicles of renters and guests is limited to the number of onsite parking spots. permittees must make existing on -site parking spaces available to renters and guests. 4. The permittee must provide appropriate refuse and recycling service for the short- term residential rental Unit. The property must be free of debris both onsite and in the street. Trash cans must not be placed on the street prior to 24 hours before the scheduled pick-up day and must be promptly removed from the street following service. 5. Renters and/or guests of the short-term residential rental unit may not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions of this Code or any state law pertaining to noise or disorderly conduct; provided, however, that the city does not intend to authorize, and the city does not authorize, the permittee to act as a peace officer or place himself or herself in harm's way. 6. Weddings, corporate events, commercial functions, and any other similar events which have the potential to cause traffic, parking, noise or other problems in the neighborhood are prohibited from occurring at the short-term residential rental unit as a component of short-term residential rental activities. 7. Smoking, including, without limitation, smoking of tobacco or cannabis, is not allowed inside short-term residential rental units. 8. Renters and guests must comply with all applicable federal, state, and local laws, regulations, ordinances, and permit conditions. C. As part of the application for rental, the permittees must require prospective renters to sign an agreement acknowledging the rules set forth in this section and promising to comply with them. The permittee must post the rules in a prominent location inside the short-term residential rental unit. D. Each written advertisement (whether paper or electronic form) for a short-term residential rental use must include the permittee's "City of Millbrae Certified Short -Term Residential Rental" permit number and business license number as part of the rental offering. E. Violation of any operating restriction by a renter or guest, and failure to prevent the violation by the permittee are separate offenses. Permittees are strictly liable for failing to prevent violations by their renters and guests of their renters. F. The permittee must comply with all applicable laws, including, without limitation, all requirements of the Business License Ordinance (Chapter 7.05 of this code) and the Transient Occupancy Tax Ordinance (Chapter 3.30 of this code) for the short-term residential rental use. G. Effectiveness of each short-term residential rental permit is conditioned upon the applicant obtaining a City business license. H. Each short-term residential rental permit expires on at the end of the fiscal year in which it is issued. The City's fiscal year currently runs from July 1 to June 30. 0 14381245.10 I. A permittee whose permit does not include the authority to rent as a non -hosted unit may request to operate the hosted unit as a non -hosted unit by providing the Director by complying with the requirements of Section 7.30.040(A)(4)(i) and 7.30.040(C). The Director may impose conditions that will enhance the public health, safety, or welfare of the permittee, renters, or neighbors, and may alter the amount of the deposit for good cause. J. Each short-term residential rental permit is personal to the permittee to whom it is issued. short-term residential rental permits are non-transferrable. K. The Director may promulgate further regulations necessary or convenient to further the purposes of this chapter. 7.30.080 Authorized Agents A. When the short-term residential rental unit is rented, the permittee (for a hosted unit) or at least one authorized agent (for a non -hosted unit) must respond to all telephone and email messages relating to issues of permit compliance or the health, safety, or welfare of the public or the renter at the short-term residential rental unit within 30 minutes at all times, 24 hours per day. B. The permittee (for a hosted unit) or at least one authorized agent (for a non -hosted unit) must be on the premises of the short-term residential rental unit within one hour of being notified by a renter, the Director, or an enforcement officer that there is a need to address an issue relating to permit compliance or the health, safety, or welfare of the public or the renter. C. A permittee for a non -hosted unit may change any authorized agent listed on the permit with at least 48 hours -written notice to the Director. The notice must include sufficient documentation to establish that the proposed authorized agent has the authority to manage and operate the unit. D. The City will maintain a public registry of permittees (for hosted units), authorized agents (for non -hosted units), and their contact information. 7.30.090 Permit Revocation At any time during the term of a short-term residential rental permit, the Director is authorized to initiate proceedings to revoke or modify the permit, if the Director determines in his or her discretion that: (1) the short-term residential rental use is detrimental to the public health, safety, or welfare; (2) the permittee has provided materially false or misleading information in any submittal required under this chapter; (3) the permittee has failed to make any payments of taxes, penalties, or costs owed to the City within 30 days of when such payment is due; (4) three or more violations of any applicable federal, state, or local law, regulation, or permit, including, without limitation, this chapter, relating to a short-term residential rental operated by the permittee have occurred within the previous 24-month period; (5) the short-term residential rental unit is no longer the permittee's primary residence. For the purposes of this section all violations by permittees, renters, and guests of the same provision at the same time on the same day constitute a single violation. The Director must give the permittee written notice of the proposed revocation, the grounds for the proposed revocation, and the time and place at which the permittee will be given a reasonable opportunity to show cause why the permit should not be revoked. The notice may be served personally upon the permittee or may be mailed to the permittee at the address of the 9 14381245.10 short-term residential rental at least 10 days prior to the date of the hearing. Upon conclusion of the hearing the Director may revoke the permit for the grounds stated above or modify the permit to include conditions the Director deems sufficient to remedy the grounds for the revocation. 7.30.100 Enforcement Violations of this chapter are subject to penalties as stated in Section 1.05.010 of this Code, except that violations of Section 7.30.030 are subject to a fine of up to $1,000 per violation. Each day, or portion thereof, in which a violation continues is a new violation. Nothing herein prevents the City from enforcing violations of this chapter by any other means authorized by law. 7.30.110 Appeal Any decision by the Director made pursuant to this chapter, including on an application or in a permit revocation hearing is appealable pursuant to Section 10.05.2700 et seq. of this Code. SECTION 4: AMENDMENT OF CHAPTER 10.5 ZONING Subsection A. Section 10.05.200 "Definitions" is hereby amended to insert the following definition: "Short-term residential rental" means all or part of a single family dwelling, a unit in a multi- family dwelling, or accessory dwelling unit offered for compensation for the purpose of sleeping, residing, lodging or other similar activities for fewer than 30 consecutive calendar days, counting portions of days as full calendar days. A short-term residential rental is distinguished from a "commercial lodging" and a "boarding house/room inghouse" in that the units used as short-term residential rentals are of the type typically occupied by permanent residents as a house or an apartment. A short-term residential rental is distinguished from a "bed and breakfast" in that short-term residential rentals may, but need not be, single-family residences, and need not serve breakfast. Subsection B. The row "Accessory Uses" in Section 10.05.410 "Land Use Table" is hereby amended to include the row depicted in Exhibit A, attached hereto and incorporated by reference. Subsection C. Section 10.05.510 "Uses" of Article V "Single -Family Residential Large Lot or "R-1 LL" District" is hereby amended and restated in its entirety to read as follows: 10.05.0510 Uses. The following uses shall be permitted, conditional, or accessory uses in the R-1 LL district: A. Permitted uses: single-family dwellings and state -regulated residential care facilities. B. Conditional uses: places of worship, schools (pre-K and K through twelve), country clubs, golf courses, parks, utility services, wireless communications facilities, and bed and breakfasts. C. Accessory uses: home occupations, short-term residential rentals. Subsection D. Section 10.05.510 "Uses" of Article VI "Single -Family Residential or "R- 1" District" is hereby amended and restated in its entirety to read as follows: 10 14381245.10 10.05.0610 Uses. The following uses shall be permitted, conditional or accessory uses in the R-1 district: A. Permitted uses: single-family dwellings and state -regulated residential care facilities. B. Conditional uses: places of worship, schools (pre-K and K through twelve), country clubs, golf courses, parks, utility services, wireless communications facilities, and bed and breakfasts. C. Accessory uses: home occupations, short-term residential rentals. Subsection E. Section 10.05.710 "Uses" of Article VI "Duplex/Triplex Residential or "R- 2" District" is hereby amended and restated in its entirety to read as follows: 10.05.0710 Uses The following uses shall be permitted, conditional, or accessory uses in the R-2 district: A. Permitted uses: single-family dwellings, duplexes, triplexes, and state -regulated residential care facilities. B. Conditional uses: care facilities, places of worship, schools (pre-K and K through twelve), parks, utility services, wireless communications facilities, and bed and breakfasts. C. Accessory uses: home occupations, short-term residential rentals. Subsection F. Section 10.05.810 "Uses" of Article VIII "Multifamily Residential or "R-3" District" is hereby amended and restated in its entirety to read as follows: 10.05.0810 Uses The following uses shall be permitted, conditional, or accessory uses in the R-3 district: A. Permitted uses: single-family dwellings, duplexes, triplexes, multiple -family dwellings, care facilities, and state -regulated residential care facilities. B. Conditional uses: rooming and boarding houses, clubs and lodges, community centers, places of worship, schools (pre-K and K through twelve), parks, utility services, wireless communications facilities, medical offices, professional offices, bed and breakfasts, and commercial lodging. C. Accessory uses: home occupations, short-term residential rental. Subsection G. Section 10.05.1010 "Uses" of Article X " Commercial or "C" District" is hereby amended and restated in its entirety to read as follows: 10.05.1010 Uses The following uses shall be permitted, conditional, or accessory uses in the C district: C. Accessory uses: drive -through facilities, home occupations, outdoor dining, and outdoor display of merchandise, short-term residential rentals. 11 14381245.10 Subsection H. Section 10.05.1120 "Uses" of Article XI "Downtown Improvement Area or "DIX District" is hereby amended and restated in its entirety to read as follows: 10.05.1120 Uses C. Accessory Uses. Primary frontage: outdoor dining and outdoor display of merchandise. 2. Secondary frontage: home occupations, short-term residential rentals, and outdoor display of merchandise. Subsection I. Section 10.05.1930 "Short -Term Residential Rental" of Article XIX "Accessory Uses" is hereby added to read as follows: 10.05.1930 Short -Term Residential Rental A. Requirements 1. Only single family homes, units in duplexes, triplexes, and multifamily dwellings, and accessory dwelling units may be rented, in whole or in part, as short-term residential rentals provided they are located in a zoning district where allowed as accessory uses. 2. Short-term residential rentals are subject to the operating restrictions set forth in Chapter 7.30 of this Code. B. Permits No person may operate a short-term residential rental without a short-term residential rental permit as described in Chapter 7.30 of this Code. SECTION 4: CEQA This ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to §§ 15060 (c)(2) (the activity will not result in a direct or reasonable foreseeable indirect physical change in the environment), 15303 (the activity is a conversion of an existing small structure from on use to another with no modifications to the exterior of the structure) and 15060 (c)(3) the activity is not a project as defined in § 15378 of the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations) because it has no potential for resulting in physical change to the environment, directly or indirectly; it prevents changes in the environment pending the completion of the contemplated studies. This ordinance also is exempt from CEQA pursuant to the "common sense" exemption under § 15061(b)(3) of the CEQA Guidelines, because the City Council hereby determines and finds that there is no possibility that the ordinance may have a significant effect on the environment. SECTION 5: SEVERABILITY If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, the provisions of this ordinance are severable. The 12 14381245.10 City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases may be held unconstitutional, invalid or unenforceable. SECTION 6: EFFECTIVE DATE; PUBLICATION This Ordinance shall be in full force and effect thirty (30) days from and after the date of its passage. At least five (5) days prior it its adoption and within fifteen (15) days after its adoption, a summary of the Ordinance shall be published once in a newspaper of general circulation published in the County of San Mateo and circulated in the City of Millbrae. INTRODUCED at a regular meeting of the City Council of the City of Millbrae held on July 24, 2018. PASSED and ADOPTED at a regular meeting of the City Council of the City of Millbrae held on July 30, 2018 by the following vote: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS: EXCUSED, COUNCILMEMBERS: APPROVED: MAYOR of the City offAillbrae Papan, Lee, Schneider and Holober Oliva ,4;1 a-__ --T131IIb ACTING CITY CLERK of the City of Millbrae 13 14381245.10 SHORT TERM RESIDENTIAL RENTAL (STRR) ORD. 771 APPLICATION PROCESS AND FEES Updated 3/4/20 APPLICATION PROCESS 1. Submit a Short -Term Residential Rental Application for Planning Division review (including property deed and proof of residency). 2. Pay all required fees at the Finance Department. 3. Request to schedule a Building Safety inspection with the Building Official. 4. Transient Occupancy Certificate issued by Planning Department upon application review and approval. 5. Renewal of the Transient Occupancy Certificate is required annually by July 11t 6. TOT payment is required monthly by 101" of each month (ex. Jan 1-31 is due by Feb. 10t"). If late there is a penalty and interest. 7. Business License renewal fee required annually by July 1st FEES Application Submittal Requirements Fee Due Date 1. Payment of Transient Occupancy Tax (TOT) 12% of taxable receipts Monthly, b 10t" of month 2. STRR permit application $100 Annually (by July 1st) and Transient Occupancy Certificate 3. Building Safety Inspection $85 One time 4. Business License: • Tax $64 + $4.25 per bedroom Annually (by July 1st) • Application Fee (New) $78 • Renewal Fee $52 Annually (by July 1st) 5. Home Occupation License $66 One Time * If applicant is registering an existing STRR, applicant to pay TOT for the past 3 years. SHORT TERM RESIDENTIAL RENTALS (STRRs) OCCUPANCY LIMITS Studio/Bedrooms Night Occupancy* Day Occupancy** 1 Studio (0 Bedrooms) 2 4 1 Bedroom 4 8 2 Bedrooms 6 12 3 Bedrooms 8 16 * 2 persons per bedroom available for rent + 2. ** Limited to twice the night time occupancy. NOTE: Accessory Dwelling Units (ADUs) are considered separate units and cannot be rented as STRRs, unless it is the primary residence of the applicant. Definitions: Hosted Use: Primary resident resides and sleeps on site and is able to rent out up to two (2) rooms Non -hosted Use: Primary resident resides and sleeps 265 days a year on site and when are not there (non -hosted), must dedicate 2 agents (managers) to manage the property. Therefore, the non -hosted use of the primary residence is limited to 100 days with two dedicated agents (managers). Revised 3.3.20 IT U M I L L B R A E r Applicant / Operator Information The Short Term Residential Rental must be the Applicant / Operator's Primary Residence (lame of Applicant / Operator: Email Address: Street Address of Short Term Rental / Current Address (including Unit # ): City: MILLBRAE State: CA Zip: www.ci.millbrae.ca.us Inquiries: (650)259-2341 Phone: This is the primary contact person for renters / guests List any and all online hosting platforms (e.g. Airbnb, HomeAway) on which you plan to list your unit, including personal webpages: Upon approval by the Millbrae Community Development Department indicated by signature below, this Transient Occupancy Registration Certificate signifies that the person named on the face hereof has fulfilled the requirements of the Uniform Transient Occupancy Tax Ordinance by registering with the Tax Administrator for the purposesof collecting from transients the Transient Occupancy Tax and remitting said tax to the Tax Administrator. This certificate does not authorize any person to conduct any unlawful business or to conduct any lawful business in an unlawful manner, nor to operate a hotel without strictly complying with all applicable laws, including but not limited to those requiring a permit from any board, commission, department or office of this City. This Certificate does not constitute a permit. By signing below, Operator certifies the following under penalty of perjury: The Short Term Residential Rental (STRR) is the Operator's primary residence • Operator will pay all taxes including but not limited to Transient Occupancy (TOT) and Business License Tax when due. Operator understands that they are responsible for payment of taxes and submittal of required information to the City even if the operator of website collects taxes and fails to remit timely • That all information in this application is accurate. Signature of Applicant / Operator: Approval of City (Community Development Department): ignature Name: Title: Date: Date: Date: If another person will be managing your bookings and/or interactions with renters, list the agent, or representative's information in this section. At least two individuals who can respond to all telephone and e-mail messages within 30 minutes at all times (24 hours per day) must be listed. Authorized Agent or Secondary Contact Information (For Non -Hosted Nights) Agent #1 Name This is the primary contact person for guests. Agency Name (if Applicable): Address City State Zip e-mail address: Phone number: Agent #2 Name ❑ This is the primary contact person for guests. Agency Name (if Applicable): Address City State Zip -mail address: Phone number: Unit Information Address of Short Term Rental (including Unit Rental # if different from current address) How long have you resided at this address? Years: Months: How many total bedrooms at this address? How many on -site parking spaces at this address? Rental Information How do you intend to rent your unit? Please check the appropriate box below: ❑ "Hosted Rental" — Having renters stay in rooms while I am also residing and sleeping at my unit during their- stay. ❑ "Non -hosted Rental" — Having renters stay in my unit while I am not present during their stay. (The maximum nights allowed for a non - hosted rental is 100 per year.) Name and Address of Institution at which trustee account for Transient Occupancy Tax (TOT) is maintained: If you intend to rent the unit as a Non -hosted Rental for ten nights or more over the duration of this permit, check Non -hosted Rental. If you intend to rent the unit as a Non -hosted Rental fewer than ten nights over the duration of the permit, you may check Hosted Rental. )w many rooms do you plan to rent to guests? Please list any and all online hosting platforms (e.g. Airbnb, HomeAway) on which rooms when I am also present you plan to list your unit, including personal webpages: roorns when I am not present Signature of Applicant / Operator: Date: SHORT-TERM RESIDENTIAL RENTAL REGISTRATION I authorize, under penalty of perjury, that the information contained in this application and all documents tenured in connection with this application are accurate and complete. Furthermore, I certify that I have reviewed and will comply with all other requirements of the City of Millbrae Planning and Zoning Code, Building Code, Millbrae Municipal Code Chapter 7.30 (Short Term Residential Rentals), and other applicable laws, including but not limited to: • Residing in the registered unit for no less than 265 nights a year; • Timely payment of annual City of Millbrae Business License Tax; • Inclusion of City of Millbrae Short Term Residential Rental Permit Number and Business License number in the rental offering whether the advertisement is paper or electronic; • Requirement for renters to sign agreement acknowledging roles set forth in Municipal Code Chapter 7.30 and prominent posting of rules within the rental unit; • Renting as short-term rental sleeping areas only those bedrooms listed in this application which must not exceed the limits outlined in Millbrae Municipal Code Section 7.30; • Notification to City within 48 hours if the authorized agent will change; • Notification to City if a hosted unit will be operated as a non -hosted unit; • Reporting monthly to the Tax Administrator, the number of nights the residential unit has been rented as a short-term residential rental; • Submitting Complete and Accurate Monthly Transient Occupancy Tax Returns event if the rental was not rented during the month; • Paying all applicable taxes; • Maintaining records for three years which demonstrate compliance with the Transient Occupancy Tax Ordinance; By signing below, I certify my understanding of the above and the following: • Failure to comply with any of the above listed conditions, in addition to those additional conditions set forth in the Short -Term Residential Rental Ordinance, will be cause for enforcement action by the City of Millbrae, San Mateo County Sheriffs, or other law enforcement, resulting in the accrual of fines and penalties and/or prohibition from the Short -Term Residential Rental Program. • I further understand that I am responsible for the violation of any operating restriction by renters or guests of the rental unit and failure to prevent the violation. Any time during the term of the Short Term Rental Permit, the Director of Community Development may initiate proceedings to revoke this permit if, in the Director's discretion: o The short-term rental use is detrimental to the public health, safety, or welfare; o The permittee has provided materially false or misleading information in any submittal required under this chapter; o The permittee has failed to make any payments of taxes, penalties, or costs owed to the City within 30 days of when such payment is due; o Three or more violations of any applicable federal, state, or local law, regulation, or permit relating to a short-term residential rental operated by the permittee have occurred within the previous 24-month period; o The short term residential rental unit is no longer the permittee's primary residence. Signature of Applicant / Operator: Printed Name of Applicant / Operator: Signature of Property Owner (if not Applicant / Operator) Signature Printed Name of Property Owner: Date. - Date: L� R &INDEMNIFICATION (PERMITrEE) r SHORT-TERM RESIDENTIAL RENTAL WAIVER AND INDEMNITY I hereby acknowledge that my participation in the City of Millbrae Short Term Residential Rental Program (STRR Program) is voluntary, and may involve risk of property damage and injury to persons. I hereby agree to assurne all risks of participation in the STRR Program. I further waive and discharge all claims against, and promise not to sue the City of Millbrae, its councilmembers, officers, employees, and agents (collectively "City Parties") for any liability, losses, damages, costs (including attorneys' fees), judgments, penalties, and any other consequence of my participation in the STRR Program, including, without limitation, damage to property, personal injury, and wrongful death. I further agree to indemnify, defend, and hold harmless City Parties against all claims, liabilities, losses, damages, costs (including attorneys' fees), judgments, and penalties of any sort arising out of my participation in the STRR Program. Signature of Applicant / Operator: Printed Name of Applicant / Operator: Signature of Property Owner (if not Applicant / Operator) Signature: Printed Name of Property Owner: Date: Date: GRANT`,QF AUTHORITY; WAIVER & INDEMNIFICATION (PROPERLY OUVN , �. ,. , r . SHORT-TERM RESIDENTIAL RENTAL GRANT, WAIVER AND INDEMNITY I hereby grant my tenant (Tenant) permission to use my property located at as a short term residential rental, as defined in the City of Millbrae Municipal Code. I acknowledge that participation in the City of Millbrae Short Term Residential Rental Program (STRR Program) is voluntary, and may involve risk of property damage and injury to persons. As between myself and the City of Millbrae, I hereby agree to assume all risks of participation in the STRR Program. I further waive and discharge all claims against, and promise not to sue the City of Millbrae, its councilmembers, officers, employees, and agents (collectively "City Parties") for any liability, losses, damages, costs (including attorneys' fees), judgments, penalties, and any other consequence of my participation in the STRR Program, including, without limitation, damage to property, personal injury, and wrongful death. I further agree to indemnify, defend, and hold harmless City Parties against all claims, liabilities, losses, damages, costs (including attorneys' fees), judgments, and penalties of any sort arising out of Tenant's participation in the STRR Program. Signature of Applicant / Operator: Printed Name of Applicant / Operator: Signature of Property Owner (if not Applicant / Operator) Signature: Printed Name of Property Owner: Date: Date: AUTHORITtOF AGENTS ANb SECONDARY CONTACTS GRANT OF AUTHORITY AND ACKNOWLEDGEMENT OF DUTY I hereby authorize my authorized agent(s) listed below (Authorized Agents) to take any and all actions necessary to operate and manage my short term residential rental (STRR) unit while it is rented. This authority includes, without limitation, the ability to receive notices on my behalf, enterthe unit, and grant City officials and peace offices access to the unit for law enforcement purposes. Authorized Agent #1: Authorized Agent #Z: I agree that I or my Authorized Agents will respond to all telephone and email requests relating to activity at the STRR unit at all times while the unit is rented, twenty four hours per day, seven days per week. I agree that I or my Authorized Agents will be available to respond in person to requests from renters, peace officers, and City officials relating to activities at the STRR unit within one hour, twenty four hours per day, seven days per week. I agree that I or my Authorized Agents will grant entry to the STRR unit to any City official or peace officer, upon request where the City official or peace officer has a reasonable suspicion of unlawful activity ongoing within the STRR unit. I acknowledge that failure to perform any of the duties stated herein is a violation of the Millbrae Municipal Code, and may result in fines and penalties, including, without limitation, revocation of my STRR permit. I consent to the City releasing the names and contact information of my Authorized Agents to all property owners within 500 feet of the STRR unit, and posting the information publicly in hard copy and electronic copy as part of a citywide STRR registry. )ignature of Applicant / Operator: Printed Name of Applicant / Operator: Signature of Property Owner (if not Applicant / Operator) Date: Signature: Date: Printed Name of Property Owner: DEPOSIT FORI� (TENANTS ANP NOWHOSTEQ UNITS) DEPOSIT AGREEMENT This Agreement is to memorialize the terms of my deposit of $1,000 (Deposit) with the City of Millbrae as consideration for my participation in the City of Millbrae short term residential rental (STRR) program. I hereby authorize the City of Millbrae to hold this Deposit for the duration of the STRR permit in an account bearing interest at the current Local Agency Investment Fund rate, with both the interest and principle to be returned to me at the expiration of the permit less sums deducted pursuant to this Agreement. I further authorize the City of Millbrae to deduct from the Deposit any fines, penalties, costs, or expenses allowable by law accrued as a result of the operations or activities relating to the STRR permit, if I fail to make such payments in a timely manner. If, at any point, the City of Millbrae deducts an amount from the Deposit, I agree to provide additional funds to the City of Millbrae to return the Deposit to its original sum of $1,000. 1 acknowledge that violations of this Agreement constitute violations of the Millbrae Municipal Code, and may result in fines and penalties, including, without limitation, revocation of my STRR permit. Signature of Applicant / Operator: Printed Name of Applicant / Operator: Signature of Property Owner (if not Applicant / Operator) Signature: Printed Name of Property Owner: Date: Date. - Office Use Only: Registration #: Application #: Forms of ID Presented ❑ Driver's License ❑state ID Card ❑ Homeowner's Tax Exemption ❑ Voter Registration ❑ Vehicle Registration ❑ Utility Bill Type: ❑ Additional Utility Bills Type: (does not count as additional form) Type: ❑ Vehicle Insurance ❑ Other ❑ Other ❑ Other Business License Information: Insurance Information: STRR Permit No. Date issued: Date Issued: Carrier: Date of Coverage: Date Issued on DL: Date Expires on DL: Date Issued on ID: Date Expires on ID: Date of Receipt: Date Issued: Date Issued on VR: Date Expires on VR: Date of Bill: Date of Bill: _ Date of Bill: Date Issued: Date Expires Business Name: Policy Type: Amount of Coverage: Date Expires: AGENDA ITEM NO: 10b STAFF REPORT MEETING DATE: July 6, 2020 To: Honorable Mayor and City Council Date: July 6, 2020 From: Syed Murtuza, Public Works Director — (650) 558-7230 Subject: Adoption of a Resolution Authorizing the City Manager to Execute an Amended Real Estate Agreement with Caltrain and Related Documents to Allow Relocation of Caltrain Paralleling Station 3 (PS-3) to City Property on the East Side of the Railway Tracks in the Industrial Zone RECOMMENDATION Staff recommends that the City Council adopt the attached resolution authorizing the City Manager to execute an Amended Real Estate Agreement with Caltrain, substantially in the form previously approved, along with related documents to facilitate the relocation of Paralleling Station 3 (PS-3) to City property on the east side of the railway tracks in the Industrial Zone. BACKGROUND In 2015, Caltrain certified the Final Environmental Impact Report for the Peninsula Corridor Electrification Project (PCEP), which proposes to electrify Caltrain from San Francisco to San Jose. As part of the PCEP, Caltrain proposed 10 paralleling stations along the corridor to power its electrified trains, with PS-3 located in Burlingame on the west side of the railway tracks, north of Broadway near the intersection of California Drive and Lincoln Avenue. In August 2018, the City Council approved a Real Estate Agreement with Caltrain to facilitate the relocation of PS-3 to the east side of the tracks in order to avoid future conflicts with the footprint of the Broadway Grade Separation Project (BGSP) and to address residents' concerns about the original location. Caltrain estimated that relocating PS-3 in the future with the BGSP would cost approximately $10 million to $12 million (in 2018 dollars). Council agreed to allow a portion of PS-3 to be constructed on the Public Works Corporation Yard parking lot, thus enabling PS-3 to be relocated outside the future BGSP footprint to the east side of the railway tracks in the Industrial Zone. Key terms of the approved 2018 Real Estate Agreement with Caltrain were as follows: 1. City of Burlingame will grant Caltrain approximately 40 feet by 100 feet (4,000 square foot area) for a temporary construction easement in the rear of the Public Works Corporation Yard parking lot for the purposes of construction access and staging for a period of one year. 1 Relocation of Caltrain Paralleling Station 3 to the East Side of the Railway Tracks July 6 2020 2. Caltrain will lease from the City of Burlingame approximately 20 feet by 100 feet (2,000 square foot area) in the rear of the Public Works Corporation Yard parking lot adjacent to the Caltrain right-of-way for $1 per year for a period of 55 years, and a renewal option for a 45-year term. This will allow Caltrain to construct the PS-3 partially on City property to avoid conflict with the future shoofly tracks associated with the planned Broadway Grade Separation Project. In the future, if PS-3 disappears or for any reason Caltrain's need for the City land no longer exists, then the land will revert back at no cost to the City. 3. City of Burlingame will grant Caltrain a maintenance access easement over and across the City's Public Works Corporation Yard parking lot. This will facilitate Caltrain's access for the purposes of maintenance and servicing of PS-3. 4. Caltrain will pay $150,000 to the City of Burlingame to mitigate the costs associated with construction impacts, including the costs associated with mitigating the loss of parking for the duration of the PS-3 construction. The Real Estate Agreement has not been executed since its approval in August 2018 due to recent anticipated modifications that have developed as a result of the design progression. DISCUSSION In April 2020, PCEP staff informed the City that their design build contractor has been unable to complete the PS-3 design within the space agreed to by Council in August 2018. The PCEP staff noted that as the PS-3 design was developed further, electrical clearance requirements increased the footprint needed for PS-3. Additionally, an update in the FEMA floodplain requirements that became effective in April 2019 have required the transformer to be elevated, which resulted in an increased footprint. Staff worked with the PCEP staff to revise preliminary design options to minimize impacts to the Public Works Corporation Yard. The revised design requires an additional 10-foot strip of land, plus approximately 500 square feet of land, for an additional total of approximately 1,500 square feet. This additional requirement is on top of the 20-foot strip of land that the City Council previously approved. It is estimated that this will increase the impact to the Public Works Corporation Yard from 10-12 lost spaces from the original agreement to 14-16 lost spaces with this new proposal. It is also estimated by PCEP staff that due to the changes, redesign costs of PS-3 will increase by $250,000. The PCEP staff proposes, in partnership with the City, to pursue funding for the additional redesign and for additional City Corporation Yard real estate costs from the San Mateo County Transportation Authority (SMCTA). This funding request will be contingent upon City Council approval of the additional 1,500 square feet within the Public Works Corporation Yard. The SMCTA funding request will include two items: (1) the PCEP estimated redesign costs of $250,000 and (2) the proposed compensation for the additional real estate and parking impacts within the City Corporation Yard estimated at $75,000, which will be proportionally consistent with the original land acquisition agreement. 2 Relocation of Caltrain Paralleling Station 3 to the East Side of the Railway Tracks July 6 2020 The new amended agreement will remain consistent with the terms of the original Real Estate Agreement approved in August 2018, with the exception of changes to reflect the revised lease and maintenance access areas. Additionally, the amended agreement will provide a revised payment to the City for mitigating impacts to the parking lot. Amendments to the previously approved agreement will include the following key terms: 1. The City will grant approximately 5,025 square feet of temporary construction easement, which includes the area marked "Temporary Construction Easement" and "Lease of Property" in the attached drawing labelled June 2020 Preferred PCEP PS-3 Layout. 2. The new lease area and maintenance access area granted by the City to Caltrain as shown in the attachment labelled June 2020 Preferred PCEP PS-3 Layout. 3. The payment for the aforementioned easements will be increased from $150,000 by approximately $75,000 to $225,000, and is intended to compensate the City for securing replacement parking for its vehicles displaced by the temporary construction easement and for mitigating permanent impacts to City operations. Staff recommends that the Council authorize the City Manager to execute the Amended Real Estate Agreement and other related documents with the Caltrain JPB in substantially the form that was previously approved to facilitate the construction of PS-3 on City property. FISCAL IMPACT The proposal to relocate PS-3 on the east side of the railway tracks adjacent to the Public Works Corporation Yard property in its modified form would result in the loss of approximately 14 to 16 parking spaces for City equipment trucks and employees during and after the construction. Caltrain has agreed to compensate the City for costs associated with addressing parking impacts during the construction as indicated in the staff report. Exhibits: • Resolution • June 2020 Preferred PCEP PS-3 Layout • Letter from PCEP dated June 23, 2020 • Staff Report from August 20, 2018 City Council Meeting • Attachments from August 20, 2018 Staff Report 3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDED REAL ESTATE AGREEMENT WITH CALTRAIN AND RELATED DOCUMENTS TO ALLOW RELOCATION OF CALTRAIN PARALLELING STATION 3 ON THE EAST SIDE OF THE RAILWAY TRACKS IN THE INDUSTRIAL ZONE The City Council of the City of Burlingame, California resolves as follows: WHEREAS, in 2015, Caltrain certified the Final Environmental Impact Report (FEIR) for the Peninsula Corridor Electrification Project (PCEP), which included 10 proposed paralleling stations along the corridor to power its electrified trains; and WHEREAS, Paralleling Station 3 (PS-3) was originally identified in the FEIR as located in Burlingame on the west side of the railway tracks, north of Broadway near the intersection of California Drive and Lincoln Avenue, but that location has been determined to be in conflict with the future Broadway Grade Separation Project footprint (BGSP); and WHEREAS, in response to strong opposition from residents to the relocation of PS-3 on the west side of the tracks near Mills Avenue, the City Council agreed to allow a portion of PS-3 to be constructed on the Public Works Corporation Yard parking lot; and WHEREAS, in August 2018, the City Council approved a Real Estate Agreement with Caltrain to facilitate the relocation of PS-3 in order to avoid future conflicts with the footprint of the BGSP; and WHEREAS, in April 2020, PCEP staff informed the City that their design build contractor has been unable to complete the PS-3 design within the space agreed to by Council in August 2018; and WHEREAS, the City worked with the PCEP staff to revise preliminary design options to minimize impacts to the Public Works Corporation Yard; and WHEREAS, the revised design requires an additional 10-foot strip of land, plus approximately 500 square feet of land, for an additional total of approximately 1,500 square feet from the Public Works Corporation Yard; and WHEREAS, the JPB proposes, in partnership with the City, to pursue funding for the additional redesign and proposed additional City Corporation Yard real estate costs from the San Mateo County Transportation Authority (SMCTA); and WHEREAS, the SMCTA funding request will include two items: (1) the PCEP estimated redesign costs of $250K and (2) the proposed compensation for the additional real estate within 1 the City Corporation Yard estimated at $75K, which will be proportionally consistent with the original land acquisition agreement; and WHEREAS, the new amended agreement will remain consistent with the terms of the original Real Estate Agreement approved in August 2018, with the exception of changes to reflect the revised lease and maintenance access areas and revised payment to the City for mitigating impacts to the parking lot. NOW, THEREFORE BE IT RESOLVED, DETERMINED AND ORDERED BY THE COUNCIL, AS FOLLOWS: 1. The City Manager is authorized to execute an Amended Real Estate Agreement in substantially the form previously approved in August 2018 between the City of Burlingame and Caltrain and all necessary implementing documents including easements and deeds for the purpose of granting Caltrain the required access and property rights on a portion of the Public Works Corporation Yard Parking Lot to facilitate the relocation of PS-3 along the east side of the railway tracks in the Industrial Zone; and 2. The Council authorizes staff to coordinate with Caltrain to work out the details and logistics of the required temporary construction easement and maintenance access on City property to minimize operational impacts to the extent feasible. 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 6L day of July 2020, and was adopted thereafter by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: Meaghan Hassel -Shearer, City Clerk 2 Attachment 3: June-2020 Preferred PCEP PS-3 Layout »I LEGEND 1 � 1 f Construction and Maintenance Access C Temporary Construction Easement ��- �. `4 Lease of Property- ' ■ VwOft- KEY A Transformer D Blast Wall— B 25kV Enclosure E ATS/AUX Transformer C Gantry F Bioretention (TBD) �- arm M- W - 23'-8" 76'-4" " • ip � T EE C) } LO p 7 o o ,,Preferred PS-3 Layout t ti o~ F C _I ~ ' •• N Fence Removal - Inside BGS Wall Limits BGS Wall .... _ Goo BOARD OF DIRECTORS 2020 Ca/r Modernization Program CHAIR DAVE PINE, v"DA DEVORA "DEDAVIS, VICE CHAIR JEANNIE BRUINS Peninsula Corridor Electrification Project (PCEP) CINDY CHAVEZ RON COLLINS STEVE HEMINGER CHARLES STONE SHAMANN WALTON MONIQUE ZMUDA Jim HARTNETT EXECUTIVE DIRECTOR JPB-PCEPPM-LTR-000143 June 23, 2020 Syed Murtuza Public Works Director City of Burlingame 501 Primrose Road — 2Dd Floor Burlingame, CA 94010 Subject: Paralleling Station 3 (PS-3) Construction Next Steps Dear Mr. Murtuza: The Peninsula Corridor Electrification Project (PCEP) appreciates the City of Burlingame's (City) support for the PCEP. Further, the PCEP team values the collaborative effort undertaken with City staff and Mayor Michael Brownrigg in the summer of 2018 to find an alternative site for the PCEP's paralleling station 3 (PS-3) that would avoid significant design and construction costs to the Broadway Grade Separation Project (BGSP) and avoid any impacts to the new electrified system by having PS-3 out of service for any amount of time. The final PS-3 location was relocated to be 20-ft into the City Corp Yard with remaining footprint within JPB property (with a 20-ft temporary construction easement within the City Corp Yard). (Attachment 1). In September 2018, the footprint of PS-3 as shown in Attachment 2 was provided to the PCEP Contractor (BBI). Since that time, the PCEP Contractor BBI had been unable to complete a PS- 3 design that would have worked within the space requirements for both projects. The PCEP PS-3 design has since progressed and presents a solution that requires an additional 10-ft strip plus two parking spaces (1,500 square feet) within the City Corp Yard (for a total of 30-ft strip of land plus two parking spaces for a total of 3,500 square feet) in order to not impact the BGSP project. The 20-foot wide temporary construction of easement in the Corp Yard would be shifted 10 feet accordingly. The proposed PS-3 layout is attached to this letter (Attachment 3). The PCEP and BGSP teams believe this is the most cost and schedule effective solution for both projects. A decision by the City Council to authorize the PCEP to utilize the additional 10-ft strip of land plus two parking spots (total additional square feet of 1,500), on the north side of the Corp Yard, at the July 6, 2020 Council meeting is requested. This request is supported by the PCEP Change Management Board (CMB), a Board composed of representatives from the regional agencies providing funding and fiduciary oversight of the contingency fund to the project (CHSRA, MTC, SFMTA, SFCTA and VTA). Council approval on July 6th, and the prompt issuance of property access, will allow for the completion of PS-3 design and construction of PS-3 in late August 2020, in order to avoid or minimize PCEP contractor delay claims. CALTRAIN MODERNIZATION PROGRAM Peninsula Corridor Electrification Project (PCEP) 2121 S. El Camino Real, Suite 300 San Mateo, CA 94403 Murtuza JPB-PCEPPM-LTR-000143 Page 2/2, June 23, 2020 Over the past year the PCEP and the BGSP teams at Caltrain have been working together to review options that would minimize cost and schedule impacts to both projects. We acknowledge we should have involved City Staff earlier, however the respective efforts by the project teams have been performed in good faith and in an effort to minimize the impacts to the greatest extent possible to both projects. One of the issues that needed to be addressed was accommodating the update to the FEMA floodplain requirements that took effect after the PS-3 site was relocated in 2018. This resulted in the PS-3 transformer to be elevated, which in turn required access stairs around the transformer. Another driver of the increased PS-3 footprint was the PCEP design builder's progression of design and the need to comply with the required electrical clearances around the components of the PS-3 facility. The JPB in partnership with the City of Burlingame, plans to pursue a funding request for the additional redesign and proposed additional City Corp Yard real estate costs from the SMCTA Board on August 6, 2020, contingent upon the Burlingame City Council approval of the additional 10ft strip of land, plus 2 parking spaces for a total of 1,500 square feet within the City Corp Yard. The SMCTA funding request will include two items: (1) the PCEP estimated redesign costs of $250K and (2) the proposed compensation for the additional real estate within the City Corp Yard, which will be proportionally consistent with the original land acquisition agreement, which is estimated at $75K. Please let me know if you require any further information in order to proceed with taking this item to the July 6, 2020 Burlingame City Council meeting. Please contact Stacy Cocke, PCEP Deputy Director, Program Management and Environmental Compliance, at 650-508-6207 if you have any questions. Thank you. Sincerely, E-SIGNED by John Funghi on 2020-06-26 23.24.14 GMT John Funghi Chief Officer, Caltrain Modernization Program cc Liria Larano Stacy Cocke Zhenlin Guan CalMod Document Control Gary Flemming Joy Sharma Attachments (3): Attachment 1: 2018 Burlingame City Council Approved PS-3 layout Attachment 2: Exhibit to the Real Estate Agreement between City of Burlingame and JPB Attachment 3: 2020 Proposed PS-3 Site Layout rgame City Council Approved Layout -August 2018 SITE PLAN — PS-3 tff o _ Ip so' lIWMYNY GHA-HIC SCAB_ Aft Gannett Fleming /� ■s Transit S Rail Systems Val` CIL ■as NOT FOR CONSTRUCTION NINSULA CORRIDOR JOINT POWERS BOARD ELECTRIFICATION PROJECT -1� TRACTION POWER SYSTEM ..e. .,: PARALLELING STATION PS-3 t4,y SITE PLAN (1361 N CAROLAN AVE) ro r ■�■ 2018 Exhibit Prepared for Burlingame/JPB City Corp Yard Real Estate Agreement 1361 N CAROLAN AVE i 0 O 18' GATE mC ---- — ----- — ----- — ----- — \ -- OHO X 100, U —II OIL WATER SEPARATOR I .x PROPERTY LINE -- - — --- x ------ ID SITE PLAN e WAY PS-3 'a' o to zo GRAPHIC SCALE NOT FOR CONSTRUCTION I.-- a ENINSULA CORRIDOR JOINT POWERS BOARD -- J'JK Gannett Fleming Cal 44GY° ELECTRIFICATION PROJECT MEW of Transit & Rail Systems TRACTION POWER SYSTEM 1:20 cL PARALLELING STATION PS-3 is.a u . SITE PLAN (1361 N CAROLAN AVE) 0 -Attachment 3: June-2020 Preferred PCEP PS-3 Layout -- LEGEND .. f � y 5J.0. r.,-a � 0- Construction and Maintenance Access 'am � • Temporary Construction Easement � --- s LeasejotProperty • A Transformer D Blast Wall �■ B 25kV Enclosure E ATS/AUX Transforme C, Gantry F Bioretention (TBD) ■ 1 o _ o 2' 1 0 100'-0 z - Preferred PS-3 Layout BGS Wall Approximate 6/25/2020 Location at 35% Plan NTS 4 CITY �1 Apokw� To: Date: From AGENDA ITEM NO: STAFF REPORT MEETING DATE: August 20, 2018 Honorable Mayor and City Council August 20, 2018 Syed Murtuza, Public Works Director — (650) 558-7230 Lisa K. Goldman, City Manager — (650) 558-7204 Subject: Adoption of a Resolution Authorizing the City Manager to Execute a Real Estate Agreement with Caltrain and Related Documents to Allow Relocation of Caltrain Paralleling Station 3 (PS-3) to City Property on the East Side of the Railway Tracks in the Industrial Zone RECOMMENDATION Staff recommends that the City Council adopt the attached resolution approving the construction of PS-3 partially on City property, and authorizing the City Manager to execute a Real Estate Agreement with Caltrain substantially in the form attached along with related documents to facilitate the relocation of PS-3 to City Property on the east side of the railway tracks in the Industrial Zone. BACKGROUND In 2015, Caltrain certified the Final Environmental Impact Report (FEIR) for the Peninsula Corridor Electrification Project (PCEP), which proposes to electrify Caltrain from San Francisco to San Jose. As part of the PCEP, Caltrain proposed 10 paralleling stations (PSs) along the corridor to power its electrified trains, with PS-3 located in Burlingame on the west side of the railway tracks, north of Broadway near the intersection of California Drive and Lincoln Avenue. Subsequently, as part of the Broadway Grade Separation Project Study Report (PSR), it was determined that the originally proposed location of PS-3 as identified in the PCEP FEIR is in conflict with the Broadway Grade Separation Project. In particular, the retaining walls, which would support the partially raised train tracks, would be in conflict. As a result, the Broadway Grade Separation Project PSR identified that PS-3 needs to be relocated outside of the Broadway Grade Separation Project footprint. Caltrain determined that if PS-3 is not relocated now, it would cost approximately $10 million to $12 million (in current dollars) to the Broadway Grade Separation Project to relocate it in the future. 1 Relocation of Caltrain Paralleling Station 3 to the East Side of the Railway Tracks August 20, 2018 DISCUSSION In March and April of 2018, Caltrain consulted with City staff regarding the relocation of PS-3, and analyzed a total of four different sites for feasibility, including on the east side of the railway tracks. From the beginning, City staff expressed grave concerns regarding locating PS-3 on the residential side of the railway tracks and requested that Caltrain relocate PS-3 to the east side of the tracks. In response to staff's request, Caltrain studied relocating PS-3 to the east side of the railway tracks. However, due to right-of-way constraints and lack of readily available maintenance access, Caltrain was unable to identify a feasible site on the east side of the tracks and identified the most cost effective and readily implementable solution on the west side of the tracks near the intersection of California Drive and Mills Avenue. Subsequently, Caltrain issued an addendum to the PCEP FEIR on July 12, 2018, and held a community outreach meeting on July 18, 2018, to seek public input prior to the August 2, 2018 Caltrain Board meeting, at which the Addendum to the FEIR was scheduled for approval. Understandably, the residents along California Drive were extremely upset to learn about PS-3 being proposed in close proximity to the residential neighborhood. They expressed strong opposition to the proposal and requested that PS-3 be relocated away from the residential area. On July 30, 2018, the Mayor, Vice Mayor, City Manager, and Public Works Director met to discuss the issue and identify a solution to the problem. On July 31, 2018, the Mayor issued a letter to the Board requesting the relocation of PS-3 to the east side of the tracks. Additionally, the City Manager and Public Works Director participated in a conference call with County Supervisor Dave Pine, who facilitated a discussion with Caltrain Program Director John Funghi to help resolve the conflict. After extensive analysis, City staff determined that PS-3 could be located adjacent to the Public Works Corporation Yard Parking Lot with maintenance access provided through the lot, which would address the maintenance access problem that Caltrain was facing. On August 1, 2018, the Mayor, Vice Mayor, and City staff held a field meeting with Caltrain at the Public Works Corporation Yard to review the logistics and feasibility of locating PS-3 adjacent to the Corporation Yard along the east side of the railway tracks. After review of the site conditions, Caltrain expressed confidence that the site looked promising. Caltrain staff indicated that in addition to maintenance access, they would need a temporary construction easement (approximately 40 feet of the rear Public Works Corporation Yard Parking Lot) for the nine to 12 month duration of construction, and a long-term lease (strip of approximately 20 feet of land in the rear of the parking lot), which would make the construction of PS-3 feasible on the east side of the tracks. This proposal will address the community's concerns and help facilitate the relocation of PS-3 to the east side of the tracks; however, it will significantly impact Public Works operations as an estimated 10 to 12 parking spaces used to park City equipment trucks and vehicles will be lost. Staff is currently in the process of identifying alternative locations to address the parking problem, including the possibility of leasing nearby properties. In order to address the impacts to City operations, the City has requested that Caltrain pay the cost of addressing the parking problem, which they have agreed to. Since Caltrain had originally budgeted approximately 2 Relocation of Caltrain Paralleling Station 3 to the East Side of the Railway Tracks August 20, 2018 $100,000 for the right-of-way acquisition costs to be reimbursed by the Broadway Grade Separation Project in the future, that funding could be now used to mitigate the impacts at the City Public Works Corporation Yard. Furthermore, together Burlingame and Caltrain will request reimbursement from the San Mateo County Transportation Authority from future funding for the Broadway Grade Separation Project for costs associated with relocating PS-3. As a result, staff has negotiated the attached Real Estate Agreement with Caltrain to facilitate the relocation of PS-3 on the east side of the railways tracks. Below are the key terms of the Agreement. 1. City of Burlingame will grant Caltrain approximately 40 feet by 100 feet (4,000 square foot area) for a temporary construction easement in the rear of the Public Works Corporation Yard Parking Lot for the purposes of construction access and staging for a period of one year. 2. Caltrain will lease from the City of Burlingame approximately 20 feet by 100 feet (2,000 square foot area) in the rear of the Public Works Corporation Yard Parking Lot adjacent to the Caltrain right-of-way for $1 per year for a period of 55 years, and a renewal option for a 45-year term. This will allow Caltrain to construct the PS-3 partially on City property to avoid conflict with the future shoofly tracks associated with the planned Broadway Grade Separation Project. In the future, if PS-3 disappears or for any reason Caltrain's need for the City land no longer exists, then the land will revert back at no cost to the City. 3. City of Burlingame will grant Caltrain a maintenance access easement over and across the City's Public Works Corporation Yard Parking Lot. This will facilitate Caltrain's access for the purposes of maintenance and servicing of PS-3. 4. Caltrain will pay $150,000 to the City of Burlingame to mitigate the costs associated with construction impacts, including the costs associated with mitigating the loss of parking for the duration of the PS-3 construction. Because the PCEP is already under construction, time is of the essence, and any delay in securing a feasible and readily available site for the PS-3 by August 21, 2018 could potentially result in $100,000 per day in delay costs to Caltrain. In the event a feasible site on the east side of the railway tracks does not become available by August 21, 2018, the Caltrain Board has authorized the PCEP team to proceed with the relocation of PS-3 to the west side of the railway tracks near the intersection of Mills Avenue and California Drive as originally contemplated in the Addendum to the FEIR. Staff recommends that the Council authorize the City Manager to execute a real estate agreement with the Caltrain JPB in substantially the form attached. Given the rapidly evolving nature of the planning for this imminent construction, some minor adjustments to the language or attachments may be necessary, but the key terms will be as described in this report. The Council should also confer authority to execute additional related documents necessary to effectuate the intent of the agreement, such as a temporary construction easement and a permanent easement for the PS-3 facility and its access. 3 Relocation of Caltrain Paralleling Station 3 to the East Side of the Railway Tracks August 20, 2018 FISCAL IMPACT The proposal to relocate PS-3 on the east side of the railway tracks adjacent to the Public Works Corporation Yard property would result in the loss of approximately 10 to 12 parking spaces for City equipment trucks and employees during and after the construction. Caltrain has agreed to pay for costs for addressing parking impacts as indicated in the staff report. Exhibits: • Resolution • Addendum to FEIR dated July 12, 2018 • Mayor's Letter to Caltrain dated July 31, 2018 • Mayor's Letter to Caltrain dated August 1, 2018 • Proposed Site Plan for PS-3 • Proposed Site Plan for Temporary Construction Easement and Access Easement • Draft Real Estate Agreement FIJ Peninsula Corridor Electrification Project Peninsula Corridor Joint Powers Board Addendum: Paralleling Station 3 Option 3 Peninsula Corridor Electrification Project Addendum to the Final Environmental Impact Report Paralleling Station 3 Option 3 Prepared by ICF for the Peninsula Corridor Joint Powers Board, July 2018 The Peninsula Corridor Joint Power Board (JPB) certified the Peninsula Corridor Electrification Project (PCEP) Environmental Impact Report (EIR) on January 8, 2015 (JPB 2015). Since certification of the Final EIR, the JPB has identified one new potential site for Paralleling Station 3 (PS3). The environmental effects of the new PS3 Option 3 compared with the environmental effects of the PS3 Options 1 and 2 evaluated in the certified 2015 Final EIR are examined in this addendum. Under the California Environmental Quality Act (CEQA), an addendum to an EIR is needed if minor technical changes or modifications to a proposed project occur (CEQA Guidelines Section 15164). An addendum is appropriate only if these minor technical changes or modifications do not result in any new significant impacts or a substantial increase in the severity of previously identified significant impacts. An addendum does not need to be circulated for public review (CEQA Guidelines Section 15164(c)); however, an addendum is to be considered along with the Final EIR by the decision -making body prior to making a decision on a project (CEQA Guidelines Section 15164(d)). This addendum to the PCEP Final EIR (State Clearinghouse No. 2013012079) has been prepared in accordance with CEQA Guidelines Section 15164. Project Background and Supplemental Environmental Review In 2015, the JPB certified the Final EIR for the PCEP. The Proposed Project would require the installation of 130 to 140 single-track miles of overhead contact system (OCS) for the distribution of electrical power to the electric rolling stock. The OCS would be powered from a 25 kilovolt (W), 60 Hertz (Hz), single-phase, alternating current (AC) supply system consisting of two traction power substations (TPSs), one switching station (SWS), and seven paralleling stations (PSs). The Final EIR evaluated environmental impacts associated with the four options for the site of the northern TPS (TPS1 in South San Francisco) and three options for the site of the southern TPS (TPS2 in San Jose). In addition, the Final EIR evaluated environmental impacts associated with one switching station (SWS1) (with two site location options) and seven paralleling stations (PS1 through PS7) at a spacing of approximately 5 miles. Two options were evaluated for the PS3 and PS6 sites and three options were evaluated for the PS4, PS5, and PS7 sites. Subsequent addenda have reviewed additional options for PS2 and PS7, minor pole relocations, and design detail for the PG&E interconnections and substation upgrades. Since certification of the Final EIR, the JPB has proposed one additional alternative location for PS3 (Option 3). A new location (PS 3 Option 3) was needed because the original location included in the FEIR is no longer viable. The location of the original PS3 is in conflict with the potential Broadway Grade Separation Project. PS3 Option 3 would be located at approximately Mile Post 14.6, west of the Caltrain tracks along California Drive in Burlingame. The approximately 0.14 acre site would be situated approximately 130 Peninsula Corridor Electrification Project July 2018 Peninsula Corridor Joint Powers Board Peninsula Corridor Electrification Project Addendum: Paralleling Station 3 Option 3 feet south of the intersection of California Drive and Mills Avenue, partially on land owned by JPB within the Caltrain right-of-way and partially on land owned by the City and County of San Francisco within the San Francisco Public Utilities Commission's (SFPUC) right-of-way. The acquisition of 6,000 square feet of land (120 feet by 50 feet) within the SFPUC's right-of-way would be required. The site would be setback from California Drive by 15 feet to avoid existing overhead utility lines and poles, and would be accessed via a driveway at the southern end of the site that connects to California Drive. Table 1 describes the potential environmental impacts of PS3 Option 3 and analyzes any potential change in the level of significance as determined in the 2015 Final EIR. An attached figure, Figure 1, shows the site location and the area of property acquisition. Peninsula Corridor Electrification Project I July 2018 ti d 11 6Z.- Peninsula Corridor Joint Powers Board Table 1. Summary of Impacts of PS3 Option 3 Peninsula Corridor Electrification Project Addendum: Paralleling Station 3 Option 3 Environmental Topic Impact Aesthetics • The EIR significance criteria concern scenic vistas, scenic roadways, visual character/quality, and light and glare. The area surrounding the site is not a scenic vista as it consists of a roadway, single-family residences, utility poles and wires, and urban trees, and thus no impacts to a scenic vista are identified. California Drive is not a designated scenic roadway and thus no impacts to scenic roadways are identified. Impacts associated with visual character/quality and light and glare are addressed below. • PS3 Option 3 would be located between the Caltrain tracks and California Drive, on land partially within Caltrain's and SFPUC's rights -of -way, across the street from residential areas along California Drive in Burlingame. The existing visual elements of the PS3 Option 3 area consist of suburban residential land uses to the west of the Caltrain corridor, and a row of trees and overhead utility lines and poles lining the SFPUC right-of-way. Nearby residents, roadway users, and recreationalists (e.g., bicyclists) using local roadways have views toward the PS3 Option 3 location, which would be approximately 60 feet closer to adjacent residences than the PS3 Option 1 evaluated in the Final EIR. Figure 2a depicts the existing and simulated view of the PS3 Option 1 evaluated in the Final EIR. Figure 2b depicts the existing view from the neighborhood west of the corridor to the PS3 Option 3 site and a simulation of PS3 Option 3 with potential vegetative screening. • The introduction of PS3 Option 3 would alter the visual character of the existing railway ROW, overhead utility lines and poles, and vegetative screening due to removal of existing vegetation at the site and the introduction of new structures and equipment. PS3 Option 3 would also introduce an elevated element (the gantry) that would be higher than current features on the site. However, given the existing visual character is a busy roadway with utility poles and wires and urban trees, the new features only moderately change the overall visual character by introducing additional utility -like infrastructure. To reduce the change in visual character, Mitigation Measure BIO-5 would minimize impacts on trees lining the SFPUC right-of-way to only that necessary for electric equipment safety, while Mitigation Measure AES-2b would require vegetative screening along California Avenue between the roadway and PS3 Option 3, and appropriate color treatment for the TPF facilities to reduce the visual effect on views from the neighborhood. With mitigation, the change in visual character would be lessened as the paralleling station equipment and compound would be screened from view from the roadway and residences by vegetative screening in the form of a vegetated wall. With the vegetated wall, the elevated gantry and some of the higher parts of the paralleling station would still be apparent. However, given the existing visual character is not a high value aesthetic landscape, but rather a mixed urban one of residences, roadway, and train and utility infrastructure, the residual aesthetic impact after mitigation is considered less than significant. • Construction of PS3 Option 3 could result in spillover light or glare, and new nighttime lighting for security purposes could spill outside of the site boundaries, creating a new source of nuisance lighting or glare to nearby residents. Mitigation Measures AES-4a and AES-4b would apply to reduce impacts from lighting; the impact determinations identified in the Final EIR would not change. Peninsula Corridor Electrification Project I July 2018 Figure 2a PS-3 Location, 2015 PCEP FOR (*�\\z.�� 2d� ?»/°� � ; i#� °� .\ # �..7 �� . � 2�\\ _ \ � � �.. � � � � � - / 1\ \/ � . � \ §� ����� j<:�� z , . 9§ � Z��:.. z, : «f�w� « x, E:< .. _ - w «� �:.� : 2� . ���2 . . <y. w.�.?azw»>. . . .. ,�«2©?��\> � � - t» � .. §:a.� � «a<,� � &z w2 �� -! � . : Qw� ^� � ., _». �». > \» v� � \,# f . - � � f��,»� a...\ . \� \ � .. ��i� `.-�� �y� \ »� . . «© w .� y� >a a:�.. . � a. ,y•:z �� 2 . .� . ? . .>� a�`� � . � � y ` ��«w . . . y v :..� xw �< . . . � . � «—. � < ?} / . «/\/ � y \ \��� _.:� ° \\\\ : �\{ \ A\� Peninsula Corridor Joint Powers Board Peninsula Corridor Electrification Project Addendum: Paralleling Station 3 Option 3 Environmental Topic Impact • PS3 Option 3 would not result in new significant impacts or a substantial increase in the severity of impacts regarding aesthetics that were analyzed in the Final EIR. Air Quality • No new air quality impacts are identified relative to PS3 Options 1 and 2 because the amount and duration of construction would be similar to the construction of the other paralleling stations. • Mitigation Measures AQ-2a, AQ-2b, and AQ-2c would apply to reduce construction impacts regarding criteria pollutants and toxic air contaminants (TACs) by requiring Bay Area Air Quality Management District (BAAQMD) best management practices (BMPs) and equipment requirements to reduce construction -related dust, reactive organic gasses (ROG), and nitrogen oxides (NOx) emissions. The impact determinations identified in the Final EIR would not change. • PS3 Option 3 would not result in new significant impacts or a substantial increase in the severity of impacts regarding air quality than were analyzed in the Final EIR. Biological Resources • The PS3 Option 3 is located in an area covered by urban landscaping: trees and ornamental shrubs line the existing SFPUC right-of-way. Tree surveys have not been conducted at this location, but the dominant tree species along the Caltrain right- of-way in Burlingame include acacia trees, eucalyptus, and oak. No waters of the U.S., including wetlands, or habitat for special -status species are present with the boundaries of the PS3 Option 3 location. • The trees provide suitable habitat for migratory birds during the breeding season (February 1 to August 31). No other habitat for special -status species are present with the boundaries of the PS3 Option 3. • Mitigation Measures BIO-1a, BIO-1g, and BIO-1j would apply to reduce potential impacts to nesting birds and Mitigation Measure BIO-5 would apply to reduce impacts from tree pruning and removal; the impact determinations identified in the Final EIR would not change. • PS3 Option 3 would not result in new significant impacts or a substantial increase in the severity of impacts regarding biological resources than were analyzed in the Final EIR. Cultural Resources • An ICF Architectural Historian reviewed the records for the PS3 Option 3 site on June 20, 2018 and determined that there are no historic resources on or adjacent to the site. • An ICF Archaeologist reviewed the records for the PS3 Option 3 site on June 20, 2018 and determined that there are no archaeological sites or areas of known archaeological sensitivity within the vicinity of the site and there would be no new archaeological effect related to selection of PS3 Option 3. • Mitigation Measures CUL-2a through CUL-2f would apply to reduce potential impacts to unknown archaeological resources; the impact determinations identified in the Final EIR would not change. • PS3 Option 3 would not result in new significant impacts or a substantial increase in the severity of impacts regarding cultural resources than were analyzed in the Final EIR. Peninsula Corridor Electrification Project July 2018 Peninsula Corridor Joint Powers Board Peninsula Corridor Electrification Project Addendum: Paralleling Station 3 Option 3 Environmental Topic Impact Electromagnetic • The distance from PS3 Option 3 to sensitive receptors would be similar to that of the paralleling station sites evaluated in Fields the Final EIR and thus EMF/EMI impacts related to PS3 Option 3 would also be below the EMF thresholds used in the Final (EMF)/Electromagne EIR for the general public, workers, and individuals with pacemakers or implanted medical devices. tic Interference • PS3 Option 3 would not result in new significant impacts or a substantial increase in the severity of impacts regarding (EMI) EMF/EMI than were analyzed in the Final EIR. Geology, Soils, • The soil underlying the PS3 Option 3 site is 132—Urban land-Orthents, cut and fill complex. Seismicity • The site has moderate susceptibility to liquefaction and low susceptibility to landslides. • Expansive soil could exist on the site since specific soil sampling has not been completed. Mitigation Measures GEO-4a and GEO-4b require identification and mitigation of expansive soils. • Mitigation Measure GEO-1 would require a site -specific geotechnical study for PS3 Option 3 to reduce exposure of people or structures to potential substantial adverse effects, including the risk of loss, injury, or death, involving rupture of a known earthquake fault, strong seismic ground shaking, seismic -related ground failure, or landslides; the impact determinations identified in the Final EIR would not change. • PS3 Option 3 would not result in new significant impacts or a substantial increase in the severity of impacts regarding geology, soils, and seismicity than were analyzed in the Final EIR. Greenhouse Gas • PS3 Option 3 would not introduce any new construction impacts not previously analyzed in the Final EIR because the Emissions amount of construction would be the same as the PS3 sites analyzed in the Final EIR. • With PS3 Option 3, there would be no changes to normal train operations, so there would be no change to operational emissions. • The impact determinations identified in the Final EIR would not change. • PS3 Option 3 would not result in new significant impacts or a substantial increase in the severity of impacts regarding greenhouse gas emissions than were analyzed in the Final EIR. Peninsula Corridor Electrification Project July 2018 Peninsula Corridor Joint Powers Board Environmental Topic Impact Peninsula Corridor Electrification Project Addendum: Paralleling Station 3 Option 3 Hazards and • Thirteen hazardous materials sites are within 0.25 mile of PS3 Option 3. Each of these thirteen cases are closed and Hazardous Material represent a low level of concern. • Sunshine Family Child Care and Coolidge Grammar School are located approximately 0.18 mile southeast and 0.13 mile south of PS3 Option 3, respectively; the distances from these schools to PS3 Option 3 is comparable to the distance of these schools to the PS3 sites evaluated in the Final EIR. • Mitigation Measures HAZ-2a and HAZ-2b would require additional actions for areas with a high likelihood of contaminated media and would control exposure of workers and the public to contamination where encountered. This mitigation would also control potential spills of hazardous material during construction, as well as potential effects on emergency plans. With these mitigation measures, construction and operation of PS3 Option 3 would not affect land uses outside of the project footprint, including schools. • The impact determinations identified in the Final EIR would not change. • PS3 Option 3 would not result in new significant impacts or a substantial increase in the severity of impacts regarding hazards and hazardous materials than were analyzed in the Final EIR. Peninsula Corridor Electrification Project July 2018 Peninsula Corridor Joint Powers Board Peninsula Corridor Electrification Project Addendum: Paralleling Station 3 Option 3 Environmental Topic Impact Hydrology and • Like PS3 Option 1, PS3 Option 3 would be within the 100-year floodplain due to the proximity to Mills and Easton Creeks, Water Quality which experience flooding overflow in large events and are located approximately 0.16 mile northeast and 0.1 south east of PS3 Option 3, respectively. The amount of existing infiltration at the site is likely limited because PS3 Option 3 would be approximately 120 feet by 50 feet (6,000 square feet or 0.14 acre) and would be located in a previously cleared and graded area on the northern edge of the inundation area along the Caltrain right-of-way. As a result, it is unlikely that PS3 Option 3 would contribute significantly to flooding due to loss of infiltration. • Mitigation Measure HYD-4 would reduce the potential of PS3 Option 3 to contribute to localized flooding by minimizing the amount of new impervious areas by using graveled or pervious pavement for all facility areas other than the foundations for new electric equipment and any other weight -bearing facilities. • Mitigation Measure HYD-5 would provide for electrical safety at PS3, Option 3 from flood damage by requiring all new electrical equipment to be placed on elevated pads above expected flood depths and/or protect such equipment with flood barriers. If equipment cannot be designed so that flood waters cannot contact the equipment, then sealed or capped moisture -resistant components are required. Ground Fault Circuit Interrupters (GFCIs) will be utilized for all electrical circuits below the base flood elevation for the 100-year flood. Caltrain will develop emergency response procedures to provide electrical safety including system shutdown during projected flood events. Due to the potential for gaps in current FEMA mapping of areas subject to flooding due to levee failures, Caltrain will also investigate potential flooding risks due to levee failures for all new TPFs and apply emergency shutdown requirements to all additional facilities identified as at risk of flooding due to potential levee failures. • PS3 Option 3 would be located in an area vulnerable to potential sea level rise after 2050. Such inundation could result in damage to Caltrain facilities resulting in structural damage and service interruptions. • Mitigation Measure HYD-7 would require Caltrain to assess its vulnerability to future flooding associated with sea level rise and partner with adjacent municipalities, flood districts, regional agencies, state agencies, and federal agencies to do its fair share to help adapt to changing flood conditions over time. Potential adaptation solutions could include flood levees, seawalls, elevated tracks, and/or minor track realignment. The secondary environmental effects of construction of additional flood facilities for PS3 Option 3 would likely be similar to that disclosed in the Final EIR. • If groundwater is encountered during construction activities, dewatering may be required and Mitigation Measure HYD-1 would be implemented. • The impact determinations identified in the Final EIR would not change. • PS3 Option 3 would not result in new significant impacts or a substantial increase in the severity of impacts regarding hydrology and water quality than were analyzed in the Final EIR. Peninsula Corridor Electrification Project I July 2018 Peninsula Corridor Joint Powers Board Peninsula Corridor Electrification Project Addendum: Paralleling Station 3 Option 3 Environmental Topic Impact Land Use and • The site for PS3 Option 3 is zoned as unclassified, as it is within the existing Caltrain and SFPUC rights -of -way. The site is Recreation adjacent to areas covered by the North Burlingame/Rollins Road Specific Plan, and is separated from residential development to the west by a major arterial route, California Drive, which fronts along the Caltrain ROW. The nearest residences are approximately 60 feet south of the site, but would be buffered by California Drive. • PS3 Option 3 would not physically divide an established community and would be consistent with the existing Caltrain and SFPUC operations and compatible with the surrounding land uses. • The site is not within an existing specific, area, or precise plan. • The closest park is the Village Park located approximately 0.18 mile east of the PS3 Option 3 site. PS3 Option 3 would not be visible from this park. • The impact determinations identified in the Final EIR would not change. • PS3 Option 3 would not result in new significant impacts or a substantial increase in the severity of impacts regarding land use and recreation than were analyzed in the Final EIR. Noise and Vibration • With PS3 Option 3, the character of construction and operational noise would be the same as disclosed in the Final EIR. • PS3 Option 3 would be located approximately 60 feet from single-family residences. It is not anticipated that there would be new significant impacts from operational noise at PS3 Option 3 based on the analysis of paralleling station noise in the Final EIR because significant operational noise effects to residential receptors would not exceed the significance threshold at locations 55 feet or more away from a paralleling station • The impact determinations identified in the Final EIR would not change. • PS3 Option 3 would not result in new significant impacts or a substantial increase in the severity of impacts regarding noise and vibration than were analyzed in the Final EIR. Population and • No housing or other displacements would occur with PS3 Option 3. Housing • The impact determinations identified in the Final EIR would not change. • PS3 Option 3 would not result in new significant impacts or a substantial increase in the severity of impacts regarding population and housing than were analyzed in the Final EIR. Public Services and • Utilities There would be no change in demand for public service or utilities with implementation of PS3 Option 3 as the demand would be the same as previously analyzed options. • The impact determinations identified in the Final EIR would not change. • PS3 Option 3 would not result in new significant impacts or a substantial increase in the severity of impacts regarding public services and utilities than were analyzed in the Final EIR. Peninsula Corridor Electrification Project a July 2018 Peninsula Corridor Joint Powers Board Peninsula Corridor Electrification Project Addendum: Paralleling Station 3 Option 3 Environmental Topic Impact Transportation • Impacts to transportation during construction would be similar to those described in the Final EIR. Mitigation Measure TRA-1 would reduce temporary construction impacts on roadway traffic; the impact determinations identified in the Final EIR would not change. • PS3 Option 3 would have no adverse operational impact on transportation (traffic, transit, bicycle and pedestrian facilities) because it would result in minimal operational traffic due to site maintenance. • PS3 Option 3 would not change any conditions for freight operations. • The impact determinations identified in the Final EIR would not change. • PS3 Option 3 would not result in new significant impacts or a substantial increase in the severity of impacts regarding transportation than were analyzed in the Final EIR. Cumulative • No new impacts associated with PS3 Option 3 have been identified. Therefore, there would be no change to the cumulative analysis. • The impact determinations identified in the Final EIR would not change. • PS3 Option 3 would not result in new cumulative significant impacts or a substantial increase in the severity of cumulative impacts that were analyzed in the Final EIR. Alternatives • No new alternatives identified relative to PS3 are proposed. The Final EIR together with this addendum consider three potential sites for PS3. No new or substantially more severe impacts were identified with implementation of PS3 Option 3 compared to the prior options. Therefore, three options for PS3 are sufficient and additional alternatives are not warranted. Peninsula Corridor Electrification Project July 2018 Peninsula Corridor Joint Powers Board Conclusion Peninsula Corridor Electrification Project Addendum: Paralleling Station 3 Option 3 This addendum analyzes the proposed PS3 Option 3 and compares the potential impacts to the conclusions of the 2015 Final EIR. This analysis was completed to determine the requirement for further environmental documentation pursuant to the State CEQA Guidelines sections 15162, 15163 and 15164. This analysis has identified no new or substantially more severe impacts of the proposed PS3 Option 3 compared with those identified and evaluated in the 2015 Final EIR. Mitigation measures identified in the 2015 Final EIR would be applied to PS3 Option 3, as proposed, to reduce or avoid significant impacts. With the application of these previously -identified mitigation measures, no new significant impacts or substantial increases in the severity of previously identified impacts requiring revisions to the 2015 Final EIR would occur. No new mitigation measures are required for the adoption and implementation of the proposed PS3 Option 3. Peninsula Corridor Electrification Project 10 July 2018 MICHAEL BROWNRIGG, MAYOR DONNA COLSON, VICE MAYOR The City of Burlingame EMILY BEACH TEL: (650) 558-7200 ANN KEIGHRAN CITY HALL -- 501 PRIMROSE ROAD FAX: (650) 566-9282 RICARDO ORTIZ BURLINGAME, CALIFORNIA 94010-3997 w .burlingame.org July 31, 2018 Board of Directors Peninsula Corridor Joint Powers Board 1250 San Carlos Avenue San Carlos, CA 94070 Email Address: board caltrain.com Subject: Peninsula Corridor Electrification Project (PCEP) - Addendum to the Final Environmental Impact Report (FEIR) regarding the proposed relocation of Paralleling Station 3 (PS-3) in Burlingame Dear Board of Directors: I am writing in response to the Addendum to the PCEP FEIR regarding the proposed relocation of the PS-3 in Burlingame. The City Council appreciates Caltrain's efforts to work with Burlingame staff to identify feasible solutions for the relocation of the PS-3 to avoid future conflicts with the proposed Broadway Grade Separation Project infrastructure elements in order to save significant time and taxpayer money. It is unfortunate that, while the conflict in land use has existed since the City Council signed off on the preferred Broadway Grade Separation plan in January 2017, our dialogue with you on relocation sites for PS3 only began in March of this year, with the first public hearing on alternatives occurring on July 18, when many people are on vacation. Nevertheless, we expect to resolve his in a mutually satisfactory way through collaboration, as has been the case in the past. That said, we do not support the current Caltrain recommended relocation site. Caltrain staff has identified Alternative 3, near Mills Avenue, as the most cost-effective solution that will have the least impact on the project's schedule. However, Alternative 3 is significantly closer to a residential neighborhood than the location originally proposed in the FEIR, and the City believes its impacts have not been adequately evaluated in the proposed addendum to the FEIR. Since the release of the Addendum, and the Caltrain public meeting on July 18, 2018, the City has received numerous complaints from residents in the adjacent neighborhood in opposition to the proposed relocation of PS-3. After considerable analysis and evaluation of the matter, and its potential impact to the residential community, the Burlingame City Council strongly requests that PS-3 be located on the east side (industrial side) of the tracks in Burlingame for the following reasons: • The newly proposed site of PS-3 is much closer to residential properties than the one originally identified in the FEIR. Though the Addendum generally states that the impacts from the proposed relocation are more or less the same as identified at the original location, no qualified supporting data or engineering studies are provided. The City is concerned about potential negative health impacts on residents from the proposed high voltage facility. Peninsula Corridor Joint Powers Board July 31, 2018 Page 2 of 2 • The proposed relocation of PS-3 creates visual impacts to the residential neighborhood that will not be adequately mitigated. The relocation of PS-3 results in the removal of a landscaping wall that currently provides screening to the residential neighborhood from the railway tracks, resulting in negative aesthetics to the neighborhood. Even in Caltrain renderings of future vegetation, the PS-3 is not fully hidden from the street or neighboring houses. • Since the proposed site is much closer to residential properties, the noise impacts from the proposed relocation would be greater than those associated with the previous site originally identified in the FEIR. • The ingress and egress to the relocated PS-3 site would create a potential hazard to the general public as California Drive is a narrow, two-lane roadway with limited visibility due the landscaping barrier. The potential hazard would directly affect the roadway traffic and the maintenance workers accessing the site. • Because this is such a significant matter of public concern, and this permanent facility will be in place for decades, the City believes adequate time should be taken to comprehensively study the issue, identify mutually acceptable and feasible solutions, including deeper review of alternatives on the east side of the tracks, and conduct outreach to the community to address their justified concerns. In order to address this crucial matter in the most expedient way, the City requests that Caltrain relocate PS-3 on the east side of the railway tracks, as previously identified in Alternative 4. The City strongly believes that relocating PS-3 to the east side of the railway tracks, which is our commercial/light industrial sector, will significantly minimize potential health, noise, and visual impacts to the residential community. The City understands that timing is of the essence as Caltrain is in the midst of construction of the PCEP, and as such the City is willing to work in partnership with Caltrain expeditiously to identify other potential feasible sites on the east side of the railway tracks, including the possibility of offering City -owned property for maintenance access to PS-3 to amicably resolve this matter. On behalf of the City Council, I request that the Caltrain Board delay the decision regarding the Addendum to the FEIR as scheduled on August 2, 2018, and direct Caltrain staff to work with the City of Burlingame to find other feasible alternatives for relocating PS-3 to address the above -stated concerns. If you have any questions regarding this matter, please contact Director of Public Works Syed Murtuza at smurtuza(a)budingame.oro, or (650) 558-7230. Sincerely, ZIAIZII� Michael Brownrigg Mayor c: Burlingame City ...,.....,.. Lisa K. Goldman, City Manager Syed Murtuza, Public Works Director Art Morimoto, Assistant Public Works Director Enclosures -_ Register online with the City of Burlingame to receive regular City updates at www.Burlingame.org ❑ Figure 1: Paralleling Station 3 (PS-3) Alternative Locations, Burlingame May 2, 2018 Notes: Alternative #1= existing location. Within Caltrain right-of-way between Lincoln Ave. and Juanita Ave. Alternative #2 = relocated onto SFPUC property along California Ave. between Lincoln Ave. and Juanita Ave. Alternative #3 = relocated onto SFPUC property along California Ave. at Mills Ave. Alternative #4 = relocated within Caltrain right-of-way, on the east side of the tracks near Ingold St. i I.. 3IN f rc�r.-isl-ten k i. 025-131.-p0e WE-131-^3G __-.�.._ - ---- --- -------- -----. PROPOSED GRADE SN-3C ! . -- SEPARATION -- V-74/1, N0. 1 (01) _ -. 1/2, N0. t (I11) RETAINING WALL V-74 NO. 1 (RI) - V-74b/B• NO. 1 R e-z- - ^�r---- --- =-- = -- ---=---------- -- ------°'�Nr=1S-vactrpa:s@Q=Yn�/3J11a.37®Z '+ 4+. PARALLELING STATION PS-3 PARCEL ONE SN-720, (SN1) f V-74/2. N0. 7 (91) - 9-74/3. NO.'S 9. 21. 24 (R7) 1 PACE A-7 (SI 4 r r i}}-- 093-361-010. g- Ctfi �c- T' P. 05' CALIFORNIA DRIVE ,r•a �— OIL .67 OiE-1al-III+ .i-lu1-170 N-ISA (0) - V-74A ND. 7 1" EASEMENT J(SMI) ;. Y-7714% NNo.(51 1) N0. 3 (RI) 1 V-74/3, N0. 2 1 ---�-_. _ ... 00 iD (IC b(T1—_t_— 172+00 SN-3! �tl i-i u�; 1-39 (SNI) + �- - +-- !I) - V-74/2, NO. I (NJ t V 71 l � N0. I1 �,/1- �M/N. N0. I1 R ) P) - V-746/E, NO. 1 (R{) � / 0-O3S119 - Y 74/2No. s (aq - - - - - -- j - - - -- - - - - EASEMENT- 21-M-1 (mI) - Y44A No: a (11) - V-74A No. 2 (91) -: PAXEL TWO PARCEL 011E SN-72A (SMI SM-")RA I V-74/2. N0. 7 (RI) - V-74/3, NS �, 21, 24 (R1) WIl/2. N 9 (i 0.' PARALLELING STATION PS-3 7 — _ es' — r CALIFORNIA DRIVE LLI __ __ LAGUN AVENUE �� . MICH GG, DONNACOLSO ,VICE MAYOR The City of Burlingame DONNA COLSON, VICE MAYOR EMILY BEACH TEL: (650) 558-7200 ANN KEIGHRAN CITY HALL— 501 PRIMROSE ROAD FAX: (650) 566-9282 RICARDO ORTIZ BURLINGAME, CALIFORNIA 94010-3997 www.burlingame.org August 1, 2018 Mr. John Funghi Chief Officer, Caltrain Modernization Program and for the Board of Directors, Peninsula Corridor Joint Powers Board 1250 San Carlos Avenue San Carlos, CA 94070 By email and hard copy Subject: Peninsula Corridor Electrification Project (PCEP) — Proposed Modification to Siting for Paralleling Station 3 (PS-3) in Burlingame Dear Mr Funghi: On behalf of the Burlingame City Council and our City staff, I want to thank you and your team for joining us on -site at the Burlingame Corporation Yard today to review the options for locating PS-3 adjacent to our Corp Yard, rather than at any of the prior four alternative locations identified in the FEIR. From the City's perspective, each of the options 1, 2 and 3 were sub -optimal given their location on the residential side of Burlingame. We have made it clear over several years that a deployment of a Paralleling Station, with its incumbent transformers, trucks, and industrial aspects, was better placed on the east side of Caltrain's tracks in Burlingame, which is in our commercial and light industrial zone, rather than on the west side of the tracks where a proposed PS-3 would be within 50' of private homes and nearby schools and parks. The challenge for Caltrain, as it was explained to us, is that the east side was set aside for the temporary "Shoofly" tracks needed to construct the Broadway Grade Separation project. Putting both the Paralleling Station and the Shoofly on the East side would require additional private property takes that are outside Caltrain's control. Therefore, the ability of Caltrain to negotiate access to its tracks for construction and operation of PS-3 was potentially very expensive and time consuming to acquire. Based on our conversation today, I am pleased to report that we have reached a compromise that should allow Caltrain to construct PS-3 adjacent to and on the Burlingame City -owned Corporation Yard, with minimal impact on City operations to the extent technically feasible. Access would be provided through a secure Corp Yard parking lot. We have reviewed the matter internally and agree that this is the best solution for each agency. Peninsula Corridor Joint Powers Board August 1, 2018 Page 2 of 3 We note that certain specific terms may need to be resolved between our staffs over the days and weeks ahead, but this is the broad basis of our agreement. Burlingame's Corporation Yard at 1361 N. Carolan will be host to PS-3, providing permanent access and maintenance property easement for the site and potentially some minimal land on which to construct PS-3. 2. The footprint of PS-3 will be designed as efficiently as possible, but in any event will be designed to fit within the as -built parameters on site. In particular, it will not require the City to move its back-up generator, and ideally it will allow roadway access to the right hand side so that staging materials can be stored on JPB land behind the adjacent property at 1379 North Carolan Street, minimizing the impact on Corp Yard space for staging. A temporary construction easement shall be provided to the JPB approximately 40' deep and 100' wide to be used as the PS-3 construction laydown area at no cost to the JPB. 3. To allow for future construction of a Shoofly track during the Broadway Grade Separation project, the PS-3 may need to encroach on Burlingame land; if so, the amount of land would be no more than approximately 20' deep and 100' wide (2000 ft2), inclusive of fencing. In this case, the parties will enter into either a long term lease or a purchase agreement, to be worked out in good faith between the respective parties at a cost not to exceed the fair market value per square foot. a. There will be a clause in our agreement such that if, in the future, PS-3 disappears or for any reason Caltrain's need for the City land no longer exists, then the land will revert to the City's ownership at no cost to the City. 4. JPB shall install appropriate screening for Paralleling Stations as specified in the FEIR. 5. JPB shall provide the City with the engineering drawings and layout details in sufficient time for City staff to review them and provide comments, and shall coordinate the construction activity such that there is minimal impact to Public Works operations and the use of the City parking lot. 6. Any damage to City property as a result of the construction activity related to PS-3, shall be repaired in kind by the JPB and its contractor. During construction and afterward, PS-3 will impair City parking at our Corp Yard, which is already constrained, and cause other expenses to the City. We have examined nearby parking options, and prices are significant. Therefore, in consideration for the access during and afterwards, and for other expenses, PCEP shall pay the City of Burlingame $[60,000-150,000], final amount to be negotiated in good faith between the parties, taking in the balance of costs and benefits of the entire agreement. a. The City shall join with PCEP to seek reimbursement of this sum from the San Mateo County Transportation Authority, as would have been the case with the proposed fee paid to SFPUC in one of the other alternatives. This is appropriate since a significant reason for these added costs is to make room for the future shoofly tracks associated with the planned future Broadway Grade Separation, which is a high priority for all parties. 8. The City will work in good faith with Balfour Beatty and your team to ensure 24/7 secure access to the construction site, materials, and other equipment, both during construction and afterwards. C Register online with the City of Burlingame to receive regular City updates at www.Burlinaame.org Peninsula Corridor Joint Powers Board August 1,2018 Page 3 of 3 9. It is the intention of both parties to formalize the above arrangements by August 21, 2018. Again, we appreciate your flexibility and your willingness to work with us to identify a solution that will keep the PCEP construction schedule on time without roiling our residential neighborhoods, while also "future proofing" PS-3 against the Broadway Grade Separation project, another high -priority project for all concerned. Sincerely, 44_al, ' Michael Brownrigg 6��77 Mayor c: Burlingame City Council Lisa K. Goldman, City Manager Syed Murtuza, Public Works Director Art Morimoto, Assistant Public Works Director 0 Register online with the City of Burlingame to receive regular City updates at www.Burlinaame org ❑ [1 i �I o -xo 0 4 1361 N CARMAN AVE m. 1 8' GATE it -----I 'I" mt r i i of t G1tAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA SITE PLAN - PS-3 BROADWAY GRAPHIC SCALE 11 ® ,J" 19 Gannett Fleming Cal� J�� aN� Transit & Rail Systems V 1„(�,� MEW N OMN[ oq I� aA a osa�NN ier � a NN N* ooa�NN 04032018 NlN� IN 0 Aw 0 r fWAARATOR !PROPERTY LINE--------- 0 NOT FOR CONSTRUCTION ENINSULA CORRIDOR JOINT POWERS BOARD CM ME 11� I a� aME ELECTRIFICATION PROJECT SM TRACTION POWER SYSTEM a,,,,,,,ff,o =14.9 PARALLELING STATION PS-3 SITE PLAN (1361 N CAROLAN AVE) N,a,o I 0 4- SAN MATEO COUNTY -- CITY OF BURLINGAME NORTH CAROLAN 60' I1f -JPB-SM2-0318 �r■ � CJTY OF BURLINGAME n 026-121-050 Proposed Site Plan for Temp Construction Easement and Access Easement JPB-SM2-0318-2A AM- JPB-SM2-0318-3A � •N JPB-SM2-0318-1A -------r-------------------------------------+•------- --- -100' --------------------- Az� ir I f 15' 0 15' 30' GRAPHIC SCALE Parcel: JPB-SM2-0318 REAL ESTATE AGREEMENT by and between THE CITY OF BURLINGAME and PENINSULA CORRIDOR JOINT POWERS BOARD PREAMBLE This real estate agreement ("Agreement" or "Lease") is made and entered into this day of , 2018, ("Agreement Date") by and between the City of Burlingame, California, a California municipal corporation, with its primary business address at 501 Primrose Road, Burlingame CA 94010-3997 ("City" or "Lessor") and Peninsula Corridor Joint Powers Board, a Joint Powers Authority, with its primary business address at 1250 San Carlos Avenue, San Carlos, CA 94070 ("Caltrain" or "Lessee") for the lease of a parcel of land (the "Premises") to be used as the site for an electrical paralleling station for the Caltrain electrified rail service. City and Lessee may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement." RECITALS These recitals are a substantive portion of this Agreement: A. Lessee provides passenger train service in the San Francisco Bay Area region including Burlingame; B. Lessee is undertaking the Peninsula Corridor Electrification Project ("PCEP") which will electrify the rail service on its right-of-way between San Francisco and San Jose and has adopted a Final Environmental Impact Report ("FEIR") for that project in January of 2105; C. As part of the PCEP, Caltrain needs to install electrical facilities along its right-of- way, including certain electrical paralleling stations to provide power to operate the trains, one of which is planned for Burlingame and is referred to as "PS-3"; D. City owns an improved parcel of real estate located at 1361 North Carolan Street, Burlingame, commonly known as the `Burlingame Corporation Yard" ("Yard") in the City of Burlingame; E. The original location planned for Caltrain's paralleling station in Burlingame, which was approved in the FEIR, is in conflict with the location of facilities that will be needed for the planned construction of a railroad grade separation project at Broadway in Burlingame; F. Caltrain considered several alternative locations, all on the west side of its tracks because feasible options were not available on the east side of the tracks, but the City has offered to make available certain rights at its Yard to facilitate the siting of PS-3 Ground Lease/Peninsula Corridor Joint Powers Board Page 1 of 19 14754047.1 Parcel: JPB-SM2-0318 on the east side, away from residences; G. On August 2, 2018, the Caltrain Board of Directors approved Resolution 2018-28, which authorized its Executive Director to approve an Addendum #5 to the FEIR to include the location offered by the City, provided suitable property rights can be obtained in a prompt fashion; and H. Lessee desires to lease a portion of the Yard (the 'Premises") and to obtain attendant easement rights over other portions of the Yard in order to construct and maintain PS-3 (the 'Project") in the location preferred by the City and to obtain a temporary construction easement, consisting of property of approximately 4,000 square feet, and a permanent access easement across the Yard property to access the Premises. In consideration of the above referenced recitals and the following mutual covenants, commitments, and obligations of the Parties, Lessee and City agree as follows: AGREEMENT PROVISIONS 1. LEASE OF PROPERTY In order to provide a location for Caltrain to locate its paralleling station on a portion of the Yard and in consideration of the faithful performance by Lessee of the terms and conditions of this Agreement and of the payments to be made by Lessee, City hereby leases to Lessee, and Lessee leases from City, certain improved real property located at 1361 North Carolan Street, Burlingame, County of San Mateo, State of California. The Premises consists of approximately a maximum of 2000 square feet of developed land and is more particularly shown on Exhibit A, attached and incorporated herein by reference. Caltrain is preparing legal descriptions for the Premises and the easements listed in Section 2 below, which the parties will review and agree upon before any documents are recorded evidencing these interests. 2. GRANT OF EASEMENTS In order to provide Caltrain with access to the Premises, and to areas required for the construction of PS-3, City will grant to Caltrain the following easements over the Yard, in the forms attached as Exhibits B and C respectively, and in the general locations shown on Exhibit A: A. A perpetual access and maintenance easement over, across and through the Yard; and B. A temporary construction easement for the duration of the construction of PS-3. 3. AGREEMENT DATE AND TERM OF THE AGREEMENT A. For purposes of all leasehold rights and interest created by this Agreement, the term of this Agreement shall commence on August 21, 2018 (also known as the "Effective Date") and shall terminate fifty five (55) years thereafter or August 21, 2073 ("Lease Ground Lease/Peninsula Corridor Joint Powers Board Page 2 of 19 14754047.1 Parcel: JPB-SM2-0318 Term"), unless Lessee exercises an option to extend the Agreement as provided below. B. Subject to the terms and conditions set forth in this Section, Lessee hereby is granted the right and option ("Renewal Option") to extend the term of this Lease for an additional 44-year term(s) ("Renewal Term"). Lessee shall exercise the Renewal Option, if at all, by giving written notice to City of Lessee's election to extend the Term no earlier than one hundred and eighty (180) days prior to the end of the Lease Term and no later than ninety (90) days prior to the end of the Lease Term. Lessee shall be entitled to exercise the Renewal Option only if: (1) Lessee has complied with all terms and conditions of the Agreement prior to the date of exercise; and, (2) Lessee is not at the time of exercise in default under the Agreement. 4. USE OF PROPERTY A. The Premises shall be used by Lessee to construct and operate an electrical paralleling station as part of the PCEP. Lessee shall not use or permit the Premises, or any part thereof, to be used in whole or in part for any purpose other than as set forth above except with the prior written consent of the City nor for any use in violation of any present or future applicable laws, ordinances, rules or regulations. B. Lessee hereby expressly agrees at all times during the term of this Agreement, at its own cost, to maintain and operate the Project in a clean and sanitary condition and in compliance with any present or future applicable laws, ordinances and rules or regulations. Lessee shall at all times faithfully obey and comply with all laws, rules and regulations applicable to the Project adopted by federal, state, local or other governmental bodies or departments or officers thereof. Lessee further agrees to cooperate with City in maintaining and adhering to reasonable restrictions related to the security of City property and persons in the Corporation Yard facility. C. The Parties agree to cooperate in the event that, in the future, Caltrain requires more extensive access through the Yard to undertake major repairs, which will be conducted in a manner so as to minimize impacts to the operations of the Yard. D. Following completion of the construction of the Broadway grade separation project, the Parties agree to consider allowing the City to use a portion of the Caltrain Right - of -Way for additional parking for the Yard, provided such areas are not required for rail operations. 5. RENT AND COMPENSATION Ground Lease/Peninsula Corridor Joint Powers Board Page 3 of 19 14754047.1 Parcel: JPB-SM2-0318 A. Upon execution of this Agreement, Caltrain shall pay the City rental for the Premises in the amount of $1.00 per year, for $55.00 for the full term of the lease. B. The payment for the easements referred to in Section 2 above ("Payment"), shall be $150,000 to be paid by Lessee to the City within 90 days of receiving an invoice from the City. The Payment is intended to make the City whole for the actual cost of securing replacement parking for its vehicles displaced by the temporary construction easement and for mitigating permanent impacts to City operations. 6. DELINQUENCY CHARGE If the Payment is not received by Lessor within fifteen days (15) of the date it is due, then Lessee shall be subject to a delinquency charge for violation of this Agreement and for damages, of a sum equal to one -tenth of one percent (0.1 %) of such required payment amount per day for each day from the date such required payment amount became due and payable until payment of said required payment amount has been received by the City. 7. CONSTRUCTION OF IMPROVEMENTS By executing this Agreement, the City consents to the construction of PS-3 based as generally shown on attached Exhibit D. JPB shall cooperate with the City to install appropriate landscaping screening surrounding the PS-3 to minimize visual impacts. No additional improvements shall be constructed on the Premises, with the exception of additional facilities necessary to support the continued safe and efficient operation of PS-3, unless the City specifically and in writing consents to such construction, which consent shall not be unreasonably withheld. All federal, state, and local laws and regulations, including but not limited to land use and permitting laws, must be adhered to in the event of such construction. 8. MAINTENANCE, REPAIRS AND ALTERATIONS Lessee shall maintain, at its own expense, all equipment and utility lines serving the Project to their point of connection with the main lines. Lessee waives the right to make repairs at the expense of the City and the benefit of the provisions of Sections 1941 and 1942 of the Civil Code of California relating thereto; and, further agrees that if and when any repairs, alterations, additions or betterments shall be made by it as this paragraph provides, it promptly shall pay for all labor done or materials furnished in that behalf and shall keep Premises and Lessee's possessory interest therein free and clear of any lien or encumbrance of any kind whatsoever. 9. TERMINATING THE AGREEMENT The Lease is terminable by City upon the occurrence of an event of default as provided below, or by Caltrain without cause on 30 days' advance written notice to the City. The occurrence of any of the following shall constitute a material breach and default ("Default") of Ground Lease/Peninsula Corridor Joint Powers Board Page 4 of 19 14754047.1 Parcel: JPB-SM2-0318 this Lease by Lessee: A. Any failure by Lessee to pay when due any of the Rent or other charges payable by Lessee; B. A failure by Lessee to observe or perform any other provision of this Lease to be observed or performed by Lessee when such failure is not corrected within 45 days after written notice thereof from Agency; or if such failure cannot be cured within this 45 day period, as determined by Agency in its reasonable discretion, if such cure is not commenced within 30 days of Agency's written notice and thereafter diligently pursued to completion; C. The abandonment or the vacation of the Premises by Lessee for a period of more than 90 consecutive days; 10. STATE AND LOCAL LICENSES AND LAWS A. Lessee shall, at all times, comply with all applicable laws, rules and regulations and orders of the Federal government, State of California, County of San Mateo and City of Burlingame. B. Lessee shall observe and comply with the requirements of all applicable federal, state and local statutes, ordinances and regulations regarding the Project. Lessee shall, at its sole expense and cost, procure and keep in force, during the entire term of this Agreement and any extension thereof, all permits and licenses required by such statutes, ordinances or regulations. 11. SIGNS Lessee shall not install, paint, inscribe or place any new signs or placards without the prior written consent of the City and concurrence by the Planning Director of the City of Burlingame that the signs are in conformance with all City of Burlingame ordinances. 12. UTILITIES Lessee agrees to pay the cost of all utilities furnished to it in connection with its use and occupation of the Premises. The City is not obligated to provide or pay for any utility services, but in the event the City by arrangement with Lessee provides or pays for any utility services, Lessee shall pay the City for such services or reimburse to the City any payment the City has made for such services not later than the first business day of the calendar month following Lessee's receipt from the City of a billing statement for said services or reimbursement. Any and all other utility services required by Lessee shall be provided by Lessee at its expense. 13. TAXES AND ASSESSMENTS Ground Lease/Peninsula Corridor Joint Powers Board Page 5 of 19 14754047.1 Parcel: JPB-SM2-0318 The parties do not expect the site to be taxed, but if taxes are assessed, the Lessee agrees to pay all lawful taxes, assessments or charges which at any time may be levied by the State, County, City or any tax or assessment levying body upon any interest in this Agreement or any possessory right which Lessee may have in or to the Premises covered hereby by reason of its use or occupancy thereof or otherwise, as well as all taxes, assessments and charges on goods, merchandise, fixtures, appliances, equipment and property owned by it in or about the Project and shall hold City harmless therefrom. 14. DAMAGE OR DESTRUCTION OF THE PROPERTY A. General Provisions. City shall not be required to repair any injury or damage to the Project or the Premises, except to the extent of City's obligations under this Agreement. City and Lessee hereby waive the provisions of: Sections 1932(2) and 1933(4) of the Civil Code of California and any other provisions of law from time to time in effect during the term of this Agreement and relating to the effect on leases of partial or total destruction of the Premises; and, 2. Sections 1941 and 1942 of the Civil Code, providing for repairs to and of Premises. City and Lessee agree that their respective rights upon any damage or destruction of the Premises and the Premises shall be those specifically set forth in this Paragraph 14. B. City and Lessee waive the provisions of any statutes that relate to termination of leases when leased property is destroyed and agree that such event shall be governed by the terms of this Agreement. 15. HOLD HARMLESS/INDEMNIFICATION It is an express condition of this Agreement that the City of Burlingame shall be free from any and all liabilities and claims for damages and/or suits for or by reason of any death or deaths or any injury or injuries to any person or persons or damages to property of any kind whatsoever, whether the person or property of Lessee, its agents or employees, or third persons, from any cause or causes whatsoever while on the Premises or any part thereof during the term of this Agreement or occasioned by any occupancy or use of the Premises or any activity carried on by Lessee in connection with this Agreement. To the extent permitted by law, Lessee hereby covenants and agrees to protect, defend, indemnify and to save harmless the City from all liabilities, charges, expenses, including counsel fees and costs on account of or by reason of any such death or deaths, injury or injuries, liabilities, claims, suits or Ground Lease/Peninsula Corridor Joint Powers Board Page 6 of 19 14754047.1 Parcel: JPB-SM2-0318 losses, however occurring, or damages for which Lessee shall become legally liable arising from Lessee's negligent acts, errors or omissions by Caltrain or its employees, agents or contractors on the Premises or with respect to or in any way connected with this Agreement. This obligation to indemnify, defend, and hold harmless the City extends to criminal or negligent acts committed by agents or contractors of Lessee while on City property or accessing the Premises. Lessee shall not be liable for damage caused by City or its employees, agents or contractors. To the extent permitted by law, the City hereby covenants and agrees to protect, defend, indemnify and to save harmless the Lessee from all liabilities, charges, expenses, including counsel fees and costs on account of or by reason of any such death or deaths, injury or injuries, liabilities, claims, suits or losses, however occurring, or damages for which City shall become legally liable arising from negligent acts, errors or omissions by the City or its employees, agents or contractors on the Premises or with respect to or in any way connected with this Agreement. 16. INSURANCE REQUIREMENTS A. Lessee agrees to maintain in full force and effect, at Lessee's own cost and expense, at all times for the term of this Agreement or any authorized extension thereof, insurance coverage in amounts and with the endorsements herein indicated and set forth in Exhibit E, attached and incorporated herein by reference. Lessee and City shall be listed as additional insureds under all insurance policies required under this Agreement, and such insurance shall be primary as to the City under the terms of this Agreement. Upon execution of this Agreement, and before commencing any work hereunder, Lessee shall file with the City Clerk of the City of Burlingame, and subject to the approval of the Attorney for the City for adequacy of protection, proper certificates and endorsements for the insurance requirement as set forth in Exhibit E. City understands that a substantial portion of the coverage required in Exhibit E is within Lessee's self -insured retention and agrees to accept such coverage. B. A certificate or certificates evidencing such insurance coverage and endorsements shall be filed with the City Clerk of the City of Burlingame prior to the commencement of the term of this Agreement, and said certificate and endorsement, as applicable, shall provide that such insurance coverage will not be canceled or reduced without at least thirty (30) days prior written notice to the City Clerk. At least thirty (30) days prior to the expiration of any such policy, a certificate showing that such insurance coverage has been renewed or extended shall be filed with the City Clerk. If such coverage is canceled or reduced, Lessee shall, within fifteen (15) days after receipt of written notice from the City of such cancellation or reduction in coverage, file with the City Clerk a certificate showing that the required insurance has been reinstated or provided through another insurance company or companies. 17. LIENS Ground Lease/Peninsula Corridor Joint Powers Board Page 7 of 19 14754047.1 Parcel: JPB-SM2-0318 Lessee shall pay for all labor done or materials furnished in the repair, replacement, development or improvement of the Premises by Lessee and shall keep the Premises and Lessee's possessory interest therein free and clear of any lien or encumbrance of any kind whatsoever created by Lessee's act or omission. 18. ASSIGNMENT AND SUBLETTING Lessee shall not voluntarily, involuntarily or by operation of law, assign, mortgage or otherwise encumber, all or any part of Lessee's interest in this Agreement or in the Premises or sublet the whole or any part of the Premises (any and all of which transactions are herein referred to as a "Transfer"), except as specifically permitted by this Agreement or consented to by Lessor in writing, which consent shall not be unreasonably withheld. The foregoing notwithstanding, Lessee may contract with third parties to operate its commuter rail service or permit other parties to operate trains on its Right -of -Way. Any third parties or contractors accessing, maintaining, or otherwise working on the Premises at the behest of Lessee shall be subject to the same insurance requirements in favor of the City as imposed under Paragraph 16 of this Agreement. 19. HAZARDOUS MATERIALS A. Compliance with Laws. Lessee shall not cause or permit any Hazardous Material (as defined below) to be brought upon, kept or used in or about the Premises by Lessee, its agents, employees, contractors or invitees, except as is necessary for the efficient and safe use of PS-3, and as is necessary for railroad and maintenance operations. B. Termination of Agreement. Lessor shall have the right to terminate the Agreement, but only after consultation with Lessee in the event that (i) Lessee has been required by any lender or governmental authority to take remedial action in connection with Hazardous Material contaminating the Premises, if the contamination resulted from Lessee's action or use of the Premises; or, (ii) Lessee is subject to an enforcement order issued by any governmental authority in connection with the release, use, disposal or storage of a Hazardous Material on the Premises, but only such order requires vacation of the Premises. C. Assignment and Subletting. If (i) any anticipated use of the Premises by any proposed assignee or sublessees involves the generation or storage, use, treatment or disposal or release of Hazardous Material in a manner or for any purpose; (ii) the proposed assignee or sublessees has been required by any prior Lessor, lender or governmental authority to take remedial action in connection with Hazardous Material contaminating a property, if the contamination resulted from such party's action or use of the property in question; or, (iii) the proposed assignee or sublessee is subject to an enforcement order issued by any governmental authority in connection with the release, use, disposal or storage of a Hazardous Material, then it shall not be unreasonable for Lessor to withhold its consent to an assignment or subletting to such proposed assignee or sublessee. Ground Lease/Peninsula Corridor Joint Powers Board Page 8 of 19 14754047.1 Parcel: JPB-SM2-0318 D. Hazardous Materials Defined. The term "Hazardous Material(s)" shall mean any toxic or hazardous substance, material or waste or any pollutant or contaminant or infectious or radioactive material, including but not limited to, those substances, materials or wastes regulated now or in the future under any of the following statutes or regulations and any and all of those substances included within the definitions of "hazardous substances," "hazardous waste," "hazardous chemical substance or mixture," "imminently hazardous chemical substance or mixture," "toxic substances," "hazardous air pollutant," "toxic pollutant" or "solid waste" in the (a) "CERCLA" or "Superfund" as amended by SARA, 42 U.S.C. Sec. 9601 et seq.; (b) RCRA, 42 U.S.C. Sec. 6901 et seq.; (c) CWA., 33 U.S.C. Sec. 1251 et seq.; (d) CAA, 42 U.S.C. 78401 et seq.; (e) TSCA, 15 U.S.C. Sec. 2601 et seq.; (f) The Refuse Act of 1899, 33 U.S.C. Sec. 407; (g) OSHA, 29 U.S.C. 651 et seq.; (h) Hazardous Materials Transportation Act, 49 U.S.C. Sec. 1801 et seq.; (i) USDOT Table (40 CFR Part 302 and amendments) or the EPA Table (40 CFR Part 302 and amendments); 0) California Superf ind, Cal. Health & Safety Code Sec. 25300 et seq.; (k) Cal. Hazardous Waste Control Act, Cal. Health & Safety Code Section 25100 et seq.; (1) Porter -Cologne Act, Cal. Water Code Sec. 13000 et seq.; (m) Hazardous Waste Disposal Land Use Law, Cal. Health & Safety Code Sec. 25220 et seq.; (n) "Proposition 65," Cal. Health and Safety Code Sec. 25249.5 et seq.; (o) Hazardous Substances Underground Storage Tank Law, Cal. Health & Safety Code Sec. 25280 et seq.; (p) California Hazardous Substance Act, Cal. Health & Safety Code Sec. 28740 et seq.; (q) Air Resources Law, Cal. Health & Safety Code Sec. 39000 et seq.; (r) Hazardous Materials Release Response Plans and Inventory, Cal. Health & Safety Code Secs. 25500-25541; (s) TCPA, Cal. Health and Safety Code Secs. 25208 et seq.; and, (t) regulations promulgated pursuant to said laws or any replacement thereof, or as similar terms are defined in the federal, state and local laws, statutes, regulations, orders or rules. Hazardous Materials shall also mean any and all other substances, materials and wastes which are, or in the future become regulated under applicable local, state or federal law for the protection of health or the environment, or which are classified as hazardous or toxic substances, materials or wastes, pollutants or contaminants, as defined, listed or regulated by any federal, state or local law, regulation or order or by common law decision, including, without limitation, (i) trichloroethylene, tetracholoethylene, perchloroethylene and other chlorinated solvents; (ii) any petroleum products or fractions thereof; (iii) asbestos; (iv) polychlorinated biphenyls; (v) flammable explosives; (vi) urea formaldehyde; and, (vii) radioactive materials and waste. E. Lessor's Right to Perform Tests. At any time prior to the expiration of the Lease Term, Lessor shall have the right to enter upon the Premises in order to conduct tests of water and soil and to deliver to Lessee the results of such tests to demonstrate that levels of any Hazardous Materials in excess of permissible levels has occurred as a result of Lessee's use of the Premises, provided that Lessor's activities on the Premises shall not block entrances to the Premises nor unreasonably interfere with Lessee's use of the Premises, provided that if City seeks to enter upon the Caltrain Ground Lease/Peninsula Corridor Joint Powers Board Page 9 of 19 14754047.1 Parcel: JPB-SM2-0318 Right -of -Way, it will be required to comply with all necessary, then -current requirements, including the execution of any necessary permits or other access documents and compliance with applicable safety procedures. Lessee shall be solely responsible for and shall indemnify, protect, defend and hold Lessor harmless from and against all claims, costs and liabilities including actual attorney's fees and costs arising out of or in connection with any removal, remediation, clean up, restoration and materials required hereunder to return the Premises to its condition existing prior to the appearance of the Hazardous Materials for which Lessee is responsible. The testing shall be at Lessee's expense only if Lessor has a reasonable basis for suspecting and confirms the presence of Hazardous Materials in the soil or surface or groundwater in on, under or about the Premises or the Project, which has been caused by or resulted from the activities of Lessee, its agents, employees, contractors or invitees. F. Environmental Audits. Upon request by Lessor during the Lease Term and option periods, prior to vacating the Premises, Lessee shall undertake and submit to Lessor an environmental audit from an environmental company reasonably acceptable to Lessor. The audit shall evidence Lessee's compliance with the terms of this Agreement. G. Hazardous Materials Indemnity. Lessee shall indemnify, defend (by counsel reasonably acceptable to Lessor), protect and hold Lessor harmless from and against any and all claims, liabilities, penalties, forfeitures, losses and/or expenses (including, without limitation, diminution in value of the Premises, damages for the loss or restriction on use of the rentable or usable space or of any amenity of the Premises, damages arising from any adverse impact or marketing of the Premises) and sums paid in settlement of claims, response costs, cleanup costs, site assessment costs, attorney's fees, consultant and expert fees, judgments, administrative rulings or orders, fines, costs of death of or injury to any person or damage to any property whatsoever (including, without limitation, groundwater, sewer systems and atmosphere), arising from, or caused or resulting, during the Lease Term, by the presence or discharge in, on, under or about the Premises by Lessee, Lessee's agents, employees, licensees or invitees or at Lessee's direction of Hazardous Material, or by Lessee's failure to comply with any Hazardous Materials Law, whether knowingly or by strict liability. Lessee's indemnification obligations shall include, without limitation, and whether foreseeable or unforeseeable, all costs of any required or necessary Hazardous Materials management plan, investigation, repairs, cleanup or detoxification or decontamination of the Premises and the presence and implementation of any closure, remedial action or other required plans, and shall survive the expiration of or early termination of the Lease Term. For purposes of the indemnity provided herein, any acts or omissions of Lessee or its employees, agents, customers, sublessees, assignees, contractors or subcontractors of Lessee (whether or not they are negligent, intentional, willful or unlawful) shall be strictly attributable to Lessee. Ground Lease/Peninsula Corridor Joint Powers Board Page 10 of 19 14754047.1 Parcel: JPB-SM2-0318 20 INTENTIONALLY BLANK. 21. SURRENDER AND HOLDING OVER A. Lessee covenants that at the expiration of the term of this Agreement, or upon its earlier termination, it will quit and surrender the Premises in good state and condition, reasonable wear and tear and damage by the elements excepted. The City shall have the right upon termination to enter into and upon and take possession of the Premises. Should Lessee hold over the use of the Premises after this Agreement has been terminated in any manner, such holding over shall be deemed merely a tenancy from month to month and at a rental rate of $500.00 per month for a maximum period of one year, payable monthly in advance, but otherwise on the same terms and conditions as herein set forth. B. It is understood and agreed that nothing contained in this Agreement shall give Lessee any right to occupy the Premises at any time after expiration of the term of this Agreement or its earlier termination, and that this Agreement shall not create any right in Lessee for relocation assistance or payment from the City upon expiration of the term of this Agreement or upon its earlier termination or upon the termination of any holdover tenancy pursuant to this paragraph. Lessee acknowledges and agrees that upon such expiration or termination, it shall not be entitled to any relocation assistance or payment pursuant to the provisions of Title 1, Division 7, Chapter 16, of the Government Code of the State of California (Sections 7260, et seq.) with respect to any relocation of its business or activities upon the expiration of the term of this Agreement or upon its earlier termination or upon the termination of any holdover tenancy pursuant to this paragraph. 22. WAIVERS A. No waiver by either Party at any time of any of the terms, conditions or covenants or agreements of this Agreement or of any forfeiture shall be deemed or taken as a waiver at any time thereafter of the same or of any other term, condition or covenant or agreement herein contained, nor of the strict and prompt performance thereof. No delay, failure or omission of the City to re-enter the Premises or to exercise any right, power or privilege, or option, arising from any default, nor any subsequent acceptance of rent then or thereafter accrued shall impair any such right, power, privilege or option or be construed a waiver of any such default or relinquishment thereof, or acquiescence therein, and, after waiver by the City of default in one or more instance, no notice by the City shall be required to restore or revive time as being of the essence in this Lease. No option, right, power, remedy or privilege of the City shall be construed as being exhausted by the exercise thereof in one or more instances. It is agreed that each and all of the rights, powers, options or remedies given to the City by this Agreement are cumulative and not one of them shall be exclusive of the other or exclusive of any remedies provided by law, and that exercise Ground Lease/Peninsula Corridor Joint Powers Board Page 11 of 19 14754047.1 Parcel: JPB-SM2-0318 of one right, power, option or remedy by the City shall not impair its rights to any other right, power, option or remedy. B. In no event shall this Agreement be construed to limit in any way (i) the City's rights, powers or authority under the police power and other powers of the City to regulate or take any action in the interest of the health, safety and welfare of its citizens or (ii) Lessee's rights and privileges as an individual or corporate resident and/or citizen or governmental entity of the City of Burlingame, State of California and/or the United States of America as provided under applicable laws, except as expressly waived or limited by this Agreement. 23. RIGHT TO INSPECT PREMISES The City or its duly authorized representatives or agents and other persons for it, may enter into or upon the Premises at any and all reasonable times during the term of this Agreement for the purpose of determining whether or not Lessee is complying with the terms and conditions hereof or for any other purpose incidental to rights of the City, provided that City's activities on the Premises shall not block entrances to the Premises nor unreasonably interfere with Lessee's use of the Premises and provided further, due to the proximity of the Premises to the Right -of -Way, City will comply will all necessary, then -current requirements to enter the Caltrain Right -of -Way, including the execution of all necessary permits or other access documents and compliance with Lessee's then -current safety procedures. 24. DISPOSAL OF TRASH AND GARBAGE Lessee agrees to handle and dispose of its trash, garbage and refuse in a sanitary manner and in accordance with the requirements set forth in the Burlingame City Code. Lessee agrees not to place any boxes, cartons, barrels, trash, debris or refuse in or about the Premises. Lessee shall provide an area or areas within the trash area of the Premises for the cleaning of garbage cans and for the placement of trash and storage bins. Lessee shall not wash or clean waste containers except within the designated area. Trash and garbage can storage and the garbage can cleaning area shall be screened from public view. 25. EXTENSIONS OF TIME The City shall have the right to grant reasonable extensions of time to Lessee for any purpose or for the performance of any obligation of Lessee hereunder. 26. SUCCESSORS Each and every one of the provisions, agreements, terms, covenants and conditions herein contained to be performed, fulfilled, observed and kept shall be binding upon the heirs, successors, assigns and personal representatives of the parties hereto, and the rights hereunder, and all rights, privileges and benefits arising under this Agreement and in favor of either Parry shall be available in favor of the Ground Lease/Peninsula Corridor Joint Powers Board Page 12 of 19 14754047.1 Parcel: JPB-SM2-0318 successors and assigns thereof, irrespectively provided no assignment by or through Lessee in violation of the provisions of this Agreement shall vest any rights in such assignee or successor. 27. TIME OF ESSENCE Time is hereby expressly declared to be of the essence of this Agreement. 28. NOTICES All notices to the Parties to this Agreement shall, unless otherwise requested in writing, be sent by mail, facsimile or personally delivered to the addresses listed in this paragraph. The notices shall be deemed served and delivered three (3) days after deposited in the United States mail by first class mail or personal delivery or upon receipt of a facsimile transmission. Any notice permitted or required to be served upon the City may be served upon: City of Burlingame Attention: Syed Murtuza, Director of Public Works 501 Primrose Road Burlingame CA 94010-3997 Any notice permitted or required to be served on the Lessee may be served upon: Peninsula Corridor Joint Powers Board Attention: Manager of Real Estate and Development 1250 San Carlos Avenue San Carlos, CA 94070-1306 (650) 508-7781 or by facsimile at (650) 508-6365 29. EQUAL OPPORTUNITY; NONDISCRIMINATION In furtherance of the City's policy to ensure that equal employment opportunity is achieved and nondiscrimination is guaranteed in all City -related activities, it is expressly understood and agreed with respect to Lessee's activities in conducting the Project: A. That Lessee shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, physical handicap or veteran's status. Lessee shall take affirmative action to ensure that applicants and employees are treated fairly. Such action shall include, but not be limited to the following: employment, upgrading, demotion, transfer; recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. B. That Lessee shall, in all solicitations or advertisements for employees placed by or on Ground Lease/Peninsula Corridor Joint Powers Board Page 13 of 19 14754047.1 Parcel: JPB-SM2-0318 behalf of Lessee, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, age, physical handicap, or veteran's status. 30. DISPUTE RESOLUTION A. No arbitration or civil action with respect to any dispute, claim or controversy arising out of or relating to this Agreement, except for the nonpayment of rent, may be commenced until the matter has been submitted to mediation. The Parties will cooperate with one another in selecting a mediator and in scheduling the mediation proceedings, said mediation to take place in Burlingame, California. B. Either Party may commence mediation by providing to the other Party a written notice of mediation, setting forth the subject of the dispute and the relief requested. Each Party agrees to participate in up to eight (8) hours of mediation before resorting to litigation in the San Mateo County Superior Court. C. The Parties may agree on one mediator. In the event the Parties are unable to agree upon a mediator within ten (10) days following the date of the written Notice of Mediation, the Parties shall submit the matter to the American Arbitration Association, which shall appoint a mediator. The Parties shall share equally in the costs of mediation. Either Party may seek injunctive relief prior to the mediation to preserve the status quo pending the completion of that process. Except for an action to obtain such injunctive relief, neither Party may commence arbitration or a civil action with respect to the matters submitted to mediation until after the completion of the first mediation session, or forty-five (45) days after the date of filing the written request for mediation, whichever occurs first. D. The mediation meeting shall not exceed one day (eight (8) hours). The Parties may agree to extend the time allowed for mediation under this Agreement. Mediation may continue after the commencement of arbitration or a civil action, if the Parties so agree. E. The costs of the mediator shall be borne by the Parties equally. However, all costs, fees, expenses and any attorney's fees related to such mediation activities are to be paid by the Party having incurred such fees, costs and expenses. F. The provisions of this paragraph may be enforced by any court of competent jurisdiction. 31. QUIET POSSESSION Lessee, upon performing its obligations hereunder and while not in default, shall have the quiet and undisturbed possession of the Premises throughout the term of this Agreement. Ground Lease/Peninsula Corridor Joint Powers Board Page 14 of 19 14754047.1 Parcel: JPB-SM2-0318 32. CONSENT AND APPROVAL Whenever the City's consent or approval is required, under the terms and conditions of the Agreement, said consent or approval shall not be unreasonably withheld. 33. INTENTIONALLY BLANK 34. SEVERABILITY The invalidity of any provision of this Agreement as determined by a court of competent jurisdiction shall in no way affect the validity of any other provision hereof. 35. ENTIRE AGREEMENT, MODIFICATION This Agreement contains all agreements of the parties with respect to any matter mentioned herein. No prior agreement or understanding pertaining to any such matter shall be effective. This Agreement may be modified in writing only, signed by the parties in interest at the time of the modification. 36. CUMULATIVE REMEDIES No remedy or election under this Agreement shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. 37. BINDING EFFECT, CHOICE OF LAW Subject to any provision hereof restricting assignment or subletting by Lessee and subject to the provisions of Article 9, this Agreement shall bind the parties, their personal representatives, successors and assigns. The laws of the State of California shall govern this Agreement. The language of all parts of this Agreement shall be construed with its fair meaning and not strictly for or against the City or Lessee. 38. STATUS OF TITLE Title to the leasehold estate created by this Agreement is subject to all exceptions, easements, rights, rights -of -way, and other matters of record on the date of approval by the City Council. 39. NO PARTNERSHIP OR JOINT VENTURE Nothing in this Agreement shall be construed to render the City in any way or for any purpose a partner, joint venture or associate in any relationship with Lessee other than that of Landlord and Tenant, nor shall this Agreement be construed to authorize either to act as agent for the other. 40. NON -LIABILITY OF OFFICIALS AND EMPLOYEES OF CITY Ground Lease/Peninsula Corridor Joint Powers Board Page 15 of 19 14754047.1 Parcel: JPB-SM2-0318 No official or employee of City or Caltrain shall be personally liable for any default or liability under this Agreement. 41. INDEPENDENT CONTRACTOR It is agreed that Lessee shall act and be an independent contractor and not an agent nor employee of City. 42. MEMORANDUM OF LEASE Following execution of this Agreement, either party, at its sole expense shall be entitled to record a memorandum of Agreement in the official records of San Mateo County. Upon termination or expiration of this Agreement, Lessee shall execute and record a quitclaim deed as to its leasehold interest. The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives. It is the intent of the Parties that this Agreement shall become operative on the Agreement Date first set forth and defined above. APPROVED AS TO FORM: KATHLEEN KANE City Attorney ATTEST: City Clerk CITY OF BURLINGAME, CALIFORNIA a California municipal corporation LISA GOLDMAN City Manager 501 Primrose Road Burlingame CA 94010-3997 Telephone: Fax Number: PENINSULA CORRIDOR JOINT POWERS BOARD a Joint Powers Authority Approved as to Form: Ground Lease/Peninsula Corridor Joint Powers Board Page 16 of 19 14754047.1 Parcel: JPB-SM2-0318 BRIAN FITZPATRICK Attorney Director, Real Estate and Development 1250 San Carlos Avenue San Carlos, CA 94070-1306 Telephone Number: (650) 508-7781 Ground Lease/Peninsula Corridor Joint Powers Board Page 17 of 19 14754047.1 REAL ESTATE AGREEMENT by and between THE CITY OF BURLINGAME and PENINSULA CORRIDOR JOINT POWERS BOARD EXHIBIT A SITE DESCRIPTION Ground Lease/Peninsula Corridor Joint Powers Board/ Exhibits Page 1 of 1 14754047.1 REAL ESTATE AGREEMENT by and between THE CITY OF BURLINGAME and PENINSULA CORRIDOR JOINT POWERS BOARD EXHIBIT B PERMANENT NON-EXCLUSIVE ACCESS AND MAINTENANCE EASEMENT Ground Lease/Peninsula Corridor Joint Powers Board/ Exhibits Page 2 of 1 14754047.1 REAL ESTATE AGREEMENT by and between THE CITY OF BURLINGAME and PENINSULA CORRIDOR JOINT POWERS BOARD EXHIBIT C TEMPORARY CONSTRUCTION AND MAINTENANCE EASEMENT Ground Lease/Peninsula Corridor Joint Powers Board/ Exhibits Page 3 of 1 14754047.1 REAL ESTATE AGREEMENT by and between THE CITY OF BURLINGAME and PENINSULA CORRIDOR JOINT POWERS BOARD EXHIBIT D PAYMENT SCHEDULE Ground Lease/Peninsula Joint Powers Board/ Exhibits Page 1 of 1 14754047.1 REAL ESTATE AGREEMENT by and between THE CITY OF BURLINGAME and PENINSULA CORRIDOR JOINT POWERS BOARD EXHIBIT E INSURANCE REOUIREMENTS Lessee shall purchase and maintain the insurance policies set forth below on all of its operations under this Agreement at its/their sole cost and expense. Such policies shall be maintained for the full term of this Agreement and the related warranty period (if applicable). For purposes of the insurance policies required under this Agreement, the term "City" shall include the duly elected or appointed council members, commissioners, officers, agents, employees and volunteers of the City of Burlingame, California, individually or collectively. Ground Lease/Peninsula Joint Powers Board/Exhibits Page 1 of 1 14754047.1 11a �URLINGAME Memorandum To: City Council Date: July 6, 2020 From: Mayor Emily Beach Subject: Committee Report Top constituent issues which demanded particularly significant time and attention during this period: systemic racism, Black Lives Matters, Flights incident, police use of force policies and budget, Burlingame Avenue pilot program and adjacent streets, communicating shelter in place changes, SIP enforcement, wireless policy and webinar (great job on the webinar by City Attorney Kane & team!) BNN resiliency, return to school and facility needs, Library re -opening, Mercy Center development & Town Hall. Hosted 11th weekly constituent Q&A session open to the public (weekly during shelter in place). Burlingame Collaborative - 1St Convening and Update Inspiring first convening on 6/17. Thanks to Vice Mayor O'Brien and City Manager Goldman for their support of this effort and attendance. Nearly 40 Burlingame organizations represented, approximately 50 attendees. Breakout group discussions convened following week to focus on community challenges and opportunities during COVID-19 recovery. July & August meetings will begin to brainstorm possible solutions to address challenges, and create vision for how the Collaborative wants to proceed (whether information -sharing platform, or possible coordinated community effort.) Steering committee established to lead this group. See attached PDF for one - sheet overview of collaborative, Agenda #1, and roster of participants. Insightful pre - meeting survey results and breakout discussions. We'll keep you posted. Ca1Mod (Caltrain Local Policy Makers Group Meeting) Increased trains with more skip stop service in past two weeks, result increased ridership - still only 5% of typical ridership. Caltrain financially unsustainable without dedicated funding source (tax measure) because Caltrain operates mostly on farebox recovery (ticket sales.) With pandemic, OK through September (thanks to CARES Act) and likely through end of 2020 due to other public funds, but will run out of money soon. Caltrain considering 1/8 sales tax November. Polling from end of May shows 63.3% supportive; 70.9% supportive after positive messages. During July Board meetings all 8 governing board partners will discuss whether or not Caltrain JBP may put the Beach Committee Report July 6, 2020 measure on the November 2020 ballot. FYI - Below is the press release on the poll and here is a link to the poll presentation: https://www.caltrain.com/Assets/senate+bill+797+update.pdf Caltrain 2040 Business plan on hold, pivoting to pandemic. Anticipate will be in "surviving pandemic mode" through spring 2021. Focal point for current planning: equity, connectivity, recovery, then growth. New equity study data results build strong case for equity and broadening ridership from a revenue and sustainability perspective. 8 of 10 Paralleling Stations on the corridor under construction. • California High Speed Rail Authority Update: Draft 2020 Business Plan comment period now closed, but draft release postponed until December 2020. Draft EIR for San Francisco to San Jose Corridor public comment period begins July 10th and ends August 24th. Connected with staff to make sure Burlingame responds to any issues that impact our community in the preferred alternative. Participated in weekly San Mateo County Official COVID-19 virtual Zoom Meeting coordination updates. • Enjoyed helping celebrate the retirement of Superintendent Maggie MacIsaac, and H. Jay Burns Award recipient Mark Intrieri along with Councilmember Brownrigg. Participated in virtual League of California Cities Peninsula Division Board Meeting. Among numerous action items, our Board of Directors voted to take the following positions (or non -positions on upcoming November ballot measures: The California Schools and Local Communities Funding Act of 2020: No Position Family Home Protection and Fairness in Property Tax Reassessments Act: Support The Rental Affordability Act (A.G. File No. 19-0001): No Position • Participated in Commute.org Strategic Plan Subcommittee Meeting Significant work spent in my capacity as Chair of San Mateo County Transportation Authority and San Mateo County Express Lane JPA Board Member during this period. Attended SMCEL JPA Board Meeting and 2 additional finance committee meetings related to $100m loan agreement between both organizations. Work almost complete. Both Boards scheduled to take action on recommendation in July. 2 How can our community come together and respond to the COVID-19 pandemic? Burlingame Collaborative The why: A lot of good work is being done to address our current health, social, and economic challenges. Community members, organizations, and institutions have stepped up to address the needs, but we can do even more together. The purpose of The Burlingame Collaborative is not to duplicate efforts, but to share information and identify how we can help our community recover and thrive. The what: The newly formed Burlingame Collaborative, comprised of a wide range of leaders, will help our community respond to and recover from the pandemic. The group will assess what is being done already, build upon those efforts, and discover gaps that should be addressed. Our collaborative may evolve beyond COVID-19, depending on our community's needs. The who: Members will represent different sectors of our community and bring many voices to the table. We'll share information and find ways to support one another, with special attention to the most vulnerable members of our community. The when: our first meeting will take place on Wednesday, June 17 from 8:30-9:30 a.m. If third Wednesdays of the month are agreeable, we'll also convene on July 15 and August 19. By then we'll determine how frequently the Burlingame Collaborative should meet moving forward. The where: We'll meet via Zoom. Join us using this free video conference software or by telephone. About the Collaborative model: success in other communities 1) Science Direct: Journal of Microbiology, Immunology and Infection Click here to read: Toward a collaborative model of pandemic preparedness and response: Taiwan's changing approach to pandemics 2) Excerpt from The New York Times - Where American Politics Can Still Work: From the Bottom Up, By Thomas L. Friedman, Opinion Columnist, July 3, 2018 Can Lancaster's successes be replicated? Yes. Its problems are global, and the strategies Lancaster has employed to resurrect itself are shared by complex adaptive coalitions I've visited all over... (Here are) common features that all of these successful coalitions share: 1. They are mostly started and inspired by civic leaders with no formal authority, and not by politicians, and are driven not by party ideology or affiliation but by a relentless "what -works attitude." 2. They all begin with a vision, strategy and benchmarks for rebuilding their community, which enable them "to harness each element of the community and mobilize their unique resources, and societal innovations, behind this vision.... We call this `extending the yoke.' The longer yoke you have, the more horses you can have pulling the wagon — and in a community, the `yoke' is the inspiring vision and the `horses' are the business leaders, social entrepreneurs, local colleges, philanthropies, nonprofits and faith -based institutions." 3. They understand that there are no quick fixes for regenerating a community, which is why civic leadership is so crucial — "because civic leaders can adopt a long-term view that transcends political tenures." And I would add one more: Not a single community leader I spoke to in Lancaster said the progress was due to technology — to microchips. They all said it was due to relationships — relationships born not of tribal solidarity but of putting aside tribal differences to do big hard things together in their collective interest. It's a beautiful thing to see. Page 1 of 4 Burlingame Collaborative Meeting #1 AGENDA June 17, 2020 8:30-9:30 a.m. 1. Zoom Reminders and Overview 2. Welcome & Purpose of The Burlingame Collaborative— Mayor Beach (8:30-8:40 a.m.) • Developing a community -driven vision • Major themes from pre -meeting surveys: o COVID-19 health/safety o Vulnerable community members o Business survival 3. Breakout Group Discussions: Identifying Issues —All Participants (8:45-9:15 a.m.) • Assign volunteer note -taker • Question #1: Each participant please introduce yourself and share a story from the front lines of COVID-19 during the past thirteen weeks that helps us understand your issues of greatest concern. Please limit responses to two minutes each. • Question #2: As a group, can you identify themes/issues the stories had in common? *Tip for note -takers: no need to record the details of every story, but please capture what challenges and opportunities each story revealed. 4. Report from Breakout Groups (9:15-9:25 a.m.) Page 2 of 4 • Identify common issues, challenges, and opportunities from your discussion (1 minute each group) 5. Next Steps — Mayor Beach (9:25-9:30 a.m.) • Attendee contact list • Post -meeting survey • Steering Committee volunteers • Special thanks Page 3of4 *Indicates Steering Committee Volunteer PARTICIPANT ORGANIZATION (if applicable) NAME TITLE Broadway Burlingame Business Improvement District (BID) Board John Kevranian* President Burlingame Downtown Business Improvement District (DBID) Board Jenny Keleher President Burlingame High School Paul Belzer Principal Burlingame High School Parents Group Amy Johnstone President Burlingame Lions Club Kevin Keilty President Burlingame Neighborhood Network Holly Daley Chair Burlingame Neighborhood Network Suzanne Tateosian Neighborhood Liaison Burlingame Parents Club Henry Yeung President Burlingame Parents Club Karen Eng-Toda President Burlingame Rotary Club Emily Matthews President (July 2020) Burlingame Rotary Club Cheri De Lacy* President (thru June 2020) Burlingame School District Florence Wong Trustee Burlingame School District Kay Coskey Trustee Burlingame School District PTA Council Sarah Simson* President Burlingame United Methodist Church Holly Hillman Pastor Burlingame/SFO Chamber of Commerce Georgette Naylor President/CEO BurlPres Church TBD CALL Primrose Terri Boesch* Executive Director City of Burlingame Emily Beach* Mayor City of Burlingame Ann O'Brien Keighran Vice Mayor City of Burlingame Lisa Goldman City Manager Community Activist Robin Montoya* Dewey Land Company, Inc. Ryan Guibara Facebook Ashley Quintana Public Policy Mgr, Community Engagement Good Shepherd Lutheran Church Susan Strouse & Birte Scholz Pastor / Church Council President Housing for All Burlingame Elizabeth Barnard Steering Committee Iglesia Ni Cristo Church TBD Karp Companies Ron Karp Lauren Schlezinger Consulting Lauren Schlezinger Facilitator Mercy High School Natalie Cirigliano Brosnan Head of School New Life Community Church Stewart Perry Pastor Our Lady of Angels Church Fr. Michael Mahoney Pastor Our Lady of Angels School Amy Costa Principal Peninsula Healthcare District Cheryl Fama CEO Peninsula Temple Sholom Arlene Rosenberg Board Secretary & Social Justice Chair Peninsula Temple Sholom Lisa Delson Rabbi Peninsula Temple Sholom Karen Wisialowski Page 4of4 San Mateo County Plumbers & Pipefitters Local Union 467 & Apprenticeship Training Center Mark Burri Business Manager Senior Representative Carol Batte Senior Representative Zandra Hertzmann Sisters of Mercy Sister Joan Marie ODonnell Board Member St. Catherine of Siena Catholic Church Fr. John Ryan Pastor St. Catherine of Siena Catholic School Patricia Bandel Assistant Principal St. Paul's Episcopal Church Thomas Skillings Rector Support Life Foundation Yumna Ali Creative & Marketing Director Sutter Health Mills -Peninsula Medical Center Janet Wagner CEO The Trousdale, Community Living for Seniors Sylvia Chu* Executive Director Trinity Lutheran Church Jeff Schufreider Pastor Triterra Realty Group Riyad Salma Principal Yaseen Foundation Kamal Fallaha President, Executive Committee Yaseen Foundation Lubna Hussain Volunteer Yaseen Foundation & Support Life Foundation (Founder) Salah Elbakri* Past President