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HomeMy WebLinkAboutAgenda Packet - CC - 2020.08.17City of Burlingame BURLINGAME F, Meeting Agenda - Final City Council Monday, August 17, 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 Governor's Executive Order N-33-20 issued 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 August 17, 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 August 17, 2020. The City will make every effort to read emails received after that time, but cannot guarantee such emails will be read into the record. Any 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 811312020 City Council Meeting Agenda - Final August 17, 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) City Clerk Hassel -Shearer is inviting you to a scheduled Zoom meeting. https://us02web.zoom.us/j/87152840454? pwd=Z1 crcVNORWFVUIYrNINpVGUwck5uZz09 Meeting ID: 871 5284 0454 Passcode:200387 One tap mobile +16699006833„87152840454# US (San Jose) +12532158782„87152840454# US (Tacoma) Dial by your location +1 669 900 6833 US (San Jose) +1 253 215 8782 US (Tacoma) +1 346 248 7799 US (Houston) +1 301 715 8592 US (Germantown) +1 312 626 6799 US (Chicago) +1 929 436 2866 US (New York) Meeting ID: 871 5284 0454 Find your local number: https://us02web.zoom.us/u/kcmNCRSx9x 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 811312020 City Council Meeting Agenda - Final August 17, 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 July 6, 2020 Attachments: Meeting Minutes b. Adoption of an Ordinance of the Citv Council of the Citv of Burlinaame Amendina 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 CEQA Resolution Ordinance C. Adoption of Ordinances Amending the Burlingame Municipal Code to Allow for a Building Electrification Reach Code Attachments: Staff Report Single Family Ordinance Multifamily Ordinance Commercial Ordinance d. Adoption of a Resolution Accepting the Central County Fire Station 35Improvements, in the Amount of $926,982.94 Attachments: Staff Report Resolution Final Progress Payment Project Location Map e. Adoption of a Resolution Accepting the Police Station Underground Storage Tank Removal Project in the Amount of $309,409 by PMK Contractors LLC, City Project No. Ragan Attachments: Staff Report Resolution Final Progress Payment Project Location Map City of Burlingame Page 3 Printed on 811312020 City Council Meeting Agenda - Final August 17, 2020 Adoption of a Resolution Awarding a Construction Contract to O'Grady Paving, Inc. in the Amount of $1,493,116 for the 2020 Street Resurfacing Program, City Project No. 85640, and Authorizina the Citv Manaaer to Execute the Construction Contract Attachments: Staff Report Resolution Bid Summary Construction Contract Protect Location Map g. Adoption of a Resolution Approving a Professional Services Agreement with AARC Consultants, LLC to Perform the Risk and Resilience Assessment and Prepare the Emergency Response Plan for the City's Potable Water System, City Project No. 86050, in the Amount of $108,985 and Authorizing the City Manager to Execute the Agreement Attachments: Staff Report Resolution Professional Services Agreement h. Adoption of Resolutions Awarding a Construction Contract to Mitchell Engineering in the Amount of $937,437 for the Neighborhood Storm Drain Project #12 and Approving a Professional Services Agreement with Anchor Engineering, Inc. in the Amount of $190,590 for Construction Management Services Related to the Project Attachments: Staff Report Resolution Awarding Construction Contract Resolution Approving Professional Services Agreement Construction Contract Professional Services Agreement Bid Summary Protect Location Map Adoption of Resolutions Awarding a Construction Contract in the Amount of $828,280 to Cratus, Inc. for the Burlingame Avenue Storm Drainage Improvement Project and Approving a Professional Services Agreement with Anchor Engineering, Inc. in the Amount of $179,366 for Construction Management Services Related to the Project Attachments: Staff Report Resolution Awardina Construction Contract Resolution ADDrovina Professional Services Aareement Construction Contract Professional Services Agreement Bid Summary Project Location Map City of Burlingame Page 4 Printed on 811312020 City Council Meeting Agenda - Final August 17, 2020 j. Adoption of a Resolution Awarding a Construction Contract to PC Inc. for the Fire Station Generators Replacement Project in the Amount of $587,080 and Authorizing the City Manager to Execute the Construction Contract Attachments: Staff Report Resolution Construction Contract Bid Summary Protect Location Map k. Adoption of a Resolution Confirming the Storm Drainage Fee for Fiscal Year 2020-21 with No Inflationary Increase Attachments: Staff Report I. Adoption of a Resolution Designating Voting Delegates and Alternates for the 2020 League of California Cities' Annual Conference Attachments: Staff Report Resolution League of California Cities Letter M. Annual Renewal of the Burlingame Avenue Area Business Improvement District (DBID): Resolution Approving the 2019-20 Annual Report; Confirming the City's Intention to Waive Assessments for Fiscal Year 2020-21; and Providing for Payment of the Amount of Assessments Waived Directly to the DBID in Support of its Fiscal Year 2020-21 Activities Attachments: Staff Report Resolution Exhibit A n. Open Nomination Period to Fill Two Vacancies on the Parks and Recreation Commission Attachments: Staff Report o. Quarterly Investment Report, Period Ending June 30, 2020 Attachments: Staff Report Portfolio Holdings CERBT Strategy 1 Fund Facts June 2020 PARS Statement June 2020 9. PUBLIC HEARINGS (Public Comment) 10. STAFF REPORTS AND COMMUNICATIONS (Public Comment) City of Burlingame Page 5 Printed on 811312020 City Council Meeting Agenda - Final August 17, 2020 a. Update and Discussion of the Temporary Street Closure Program for Broadway, Downtown Burlingame Avenue, and Parklets on the Side Streets in the Downtown Area to Facilitate Safe Outdoor Dining and Pedestrian Activity, and Discussion and Direction Regarding Allowing Personal Services in the Public Right -of -Way Attachments: Staff Report Draft Parklet Plan for Downtown Burlingame Ave Draft Broadway Street Closure and Detour Plan EDS Meetina Minutes — Saecial Meetina Julv. 29 2020 Draft EDS Meeting Minutes —August 12, 2020 San Mateo Temaorary Outdoor Personal Care Services Guidelines Dept of Consumer Affairs Guidance on Performing Personal Care Services Out( Board of Barbering and Cosmetology Outside Services Checklist 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Councilmembers report on committees and activities and make announcements. a. Mayor Beach Committee Report Attachments: Committee Report 12. FUTURE AGENDA ITEMS 13. ACKNOWLEDGMENTS The agendas, packets, and meeting minutes for the Planning Commission, Traffic, Safety & Parking Commission, Beautification Commission, Parks & Recreation Commission, and Library Board of Trustees are available online at www.burlingame.org. 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 other writings that may be distributed at the meeting, should contact Meaghan Hassel -Shearer, City Clerk, by 10:00 a.m. on Monday, August 17, 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. NEXT CITY COUNCIL MEETING Tuesday, September 8, 2020 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 or through email, contact the Clty Clerk at (650) 558-7203. City of Burlingame Page 6 Printed on 811312020 City Council Meeting Agenda - Final August 17, 2020 City of Burlingame Page 7 Printed on 811312020 Agenda Item 8a Meeting Date: 08/17/2020 C17Y O BURLINGAME $AaiEo JLNE � O BURLINGAME CITY COUNCIL Unapproved Minutes Regular Meeting on July 6, 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 There were no presentations. 7. PUBLIC COMMENT Sphere representative Greg Boro spoke about the State Lands parcel along the Bay Trail. He noted that Sphere is working to keep the land clean and accessible to the public. Arne Hurty voiced his concern about having Police Officers in schools. 1 Burlingame City Council July 6, 2020 Unapproved Minutes Agenda Item 8a Meeting Date: 08/17/2020 Madeline Frechette asked that City staff look into additional measures to ensure that public hearing notices reach apartment units. (comment submitted via publiccommentkburlin_a�g). 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 8h and 8i. Councilmember Colson pulled 8k. Councilmember Ortiz made a motion to adopt 8a, 8b, 8c, 8d, 8e, 8f, 8g, and 8j; seconded by Vice Mayor O'Brien Keighran. The motion passed unanimously by roll call vote, 5-0. a. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR JUNE 1, 2020 City Clerk Hassel -Shearer requested Council approve the City Council Meeting Minutes for June 1, 2020. b. APPROVAL OF CITY COUNCIL MEETING MINTTES FOR JUNE 9, 2020 City Clerk Hassel -Shearer requested Council approve the City Council Meeting Minutes for June 9, 2020. Prior to the meeting Mayor Beach requested the following changes on Page 7, Paragraph 1: Mayor Beach dice sse whether- the City should allow appreciated staffs "wait and see" recommendation that allows bicycling on Burlingame Avenue during its closure to motorists. She explained that see tifnes when it eould be allowed. mixed used pathways are used throughout the world, and they work when people use courtesy, common sense, and give pedestrians the right of way. 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, , if . we can monitor to see if additional restrictions are needed. c. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR JUNE 15, 2020 City Clerk Hassel -Shearer requested Council approve the City Council Meeting Minutes for June 15, 2020. Prior to the meeting Mayor Beach requested the following changes on Page 14, Paragraph 8: Mayor Beach stated that if there were to be an exception to allow gas fireplaces and fire pits in people's backyards during new construction or substantial remodels, then new gas lines would need to be installed for these items when everything else in the house is electric. If our goal is to reduce gas line infrastructure, then we should be cautious about allowing this. She wen4ed that to„ the ,,wner-s would use tha4 lino for- their- kite, f 2 Burlingame City Council July 6, 2020 Unapproved Minutes Agenda Item 8a Meeting Date: 08/17/2020 d. 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 2020-2021, CITY PROJECT NUMBER 51000 Parks and Recreation Director Glomstad requested Council adopt Resolution Number 088-2020. e. 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 DPW Murtuza requested Council adopt Resolution Number 089-2020, Resolution Number 090-2020, and Resolution Number 091-2020. f. 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 DPW Murtuza requested Council adopt Resolution Number 092-2020. 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 DPW Murtuza requested Council adopt Resolution Number 093-2020. h. ADOPTION OF A RESOLUTION TO AMEND THE ON -CALL TRAFFIC SIGNAL MAINTENANCE SERVICES CONTRACT WITH BEAR ELECTRICAL SOLUTIONS IN THE AMOUNT OF $84,700 AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT AMENDMENT Councilmember Brownrigg asked if he was correct that the traffic light on Hillside is now a timed light instead of only turning red when somebody is waiting on the side street. DPW Murtuza replied in the affirmative. He noted that this was done in order to allow pedestrians to not have to push the walk button during the COVID-19 pandemic. Mayor Beach opened the item up for public comment. Burlingame City Council July 6, 2020 Unapproved Minutes Agenda Item 8a Meeting Date: 08/17/2020 Manito Velasco voiced concern about bicyclist safety at the Broadway and Airport Boulevard intersection and at the Cadillac and Rollins Road intersection. He also discussed the pedestrian signal crossing at Broadway that doesn't have a countdown. (comment submitted via publiccomment(&burlin ag me.org). Mayor Beach closed public comment. DPW Murtuza stated that some of the bicycle traffic signals are included in a previous contract but have been delayed as a result of COVID. Councilmember Brownrigg made a motion to adopt Resolution Number 094-2020; seconded by Councilmember Ortiz. The motion passed unanimously by roll call vote, 5-0. i. 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 $199,730 Councilmember Brownrigg asked if the City should delay the repaving of Trousdale and Cadillac until after the Bicycle -Pedestrian Master Plan and the construction work off of Cadillac is completed. DPW Murtuza stated that repaving is being done with the assistance of a Federal grant that the City received four years ago. Accordingly, the City has to either undertake the repaving now or return the funds. He noted that the striping would be done with paint so that if the Bicycle -Pedestrian Master Plan changes the lines, it would be a less expensive fix. Mayor Beach asked if she was correct that the City would be putting sharrows on those roadways. DPW Murtuza replied in the affirmative. Mayor Beach opened the item up for public comment. No one spoke. Councilmember Brownrigg made a motion to adopt Resolution Number 095-2020 and Resolution Number 096-2020; seconded by Councilmember Colson. The motion passed unanimously by roll call vote, 5-0. j. ADOPTION OF A RESOLUTION APPROVING THE FIRST AMENDMENT TO THE RNEWED AND REVISED AGREEMENT BETWEEN THE CITY OF BURLINGAME AND THE BURLINGAME AQUATICS CLUB, INC. FOR THE MANAGEMENT AND OPERAITON OF, AND FOR THE PROVISIONS OF AQUATIC PROGRAMS AT, THE BURLINGAME AQUATIC CENTER Parks and Recreation Director Glomstad requested Council adopt Resolution Number 097-2020. 4 Burlingame City Council July 6, 2020 Unapproved Minutes Agenda Item 8a Meeting Date: 08/17/2020 k. APPROVAL OF THE RESTARTING BUSINESS ASSISTANCE PROGRAM AND THE DISTRIBUTION OF FUNDS Councilmember Colson thanked the Economic Development ("ED") Subcommittee for their hard work on this program. She stated that she appreciated their solution of re -directing $60,000 into $3,000 PPE grants. She asked if the grants would be awarded on a first come, first -served basis or in a lottery. City Manager Goldman stated that it would be first come, first served. Councilmember Colson asked how the City would be notifying businesses about these grants. City Manager Goldman stated that staff would work with the BID and the Chamber, and staff would be calling all the applicable businesses. Councilmember Colson stated that some of the restaurants expressed interest in public restrooms being set up. She explained that a lot of non -customer users are utilizing restaurant bathrooms, which is creating extra work for their staff. She discussed the $70,000 that would be returned to the General Fund. She noted that the closure of Burlingame Avenue and potential closure of Broadway is expensive, and therefore these funds would be needed for those programs. Councilmember Brownrigg voiced his support for the ED Subcommittee's plan. He noted that he would like to see additional mask signage in the business districts. He asked how grant applications would be submitted. City Manager Goldman stated that businesses would be emailing their applications to the Economic Development and Housing Specialist (`BD&HS") Joe Sanfilippo. Councilmember Colson discussed the issues that had arisen with the County's grant program. She noted that many people weren't able to log in. Therefore, she suggested that the City conduct a lottery for all completed applications filed within a certain time period. City Manager Goldman stated that she would defer to the ED Subcommittee on how best to approach selection. Councilmember Ortiz stated that he liked the first come, first -served approach as it puts the onus on the businesses to get their applications in. Vice Mayor O'Brien Keighran stated that she could go either way. Councilmember Ortiz made a motion to approve the Restarting Business Assistance Program and the distribution of funds; seconded by Vice Mayor O'Brien Keighran. Councilmember Colson stated that she has a strong preference for the lottery system. She stated that she thought that it would quell a lot of the anxieties around applying. Councilmember Brownrigg concurred with Councilmember Colson. 5 Burlingame City Council July 6, 2020 Unapproved Minutes Agenda Item 8a Meeting Date: 08/17/2020 Vice Mayor O'Brien Keighran stated that the difference with this program is there is no portal, and that is what caused a lot of the issues with the County's program. Councilmember Ortiz suggested that all applications successfully submitted in the first 24 hours would be put in a lottery, and then if additional funds existed, the City would utilize the first come, first -served approach. City Manager noted that public comment is needed. Mayor Beach opened public comment. No one spoke. Councilmember Ortiz amended his motion to state that the first phase of the grant program would be done by lottery and then it would become first come, first served; seconded by Vice Mayor O'Brien Keighran. The motion passed unanimously by roll call vote, 5-0. 9. PUBLIC HEARING 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 City Manager Goldman explained that staff is asking the Council to consider the following three things: 1. Extension of the temporary, Friday -Sunday street closure of Downtown Burlingame Avenue between El Camino Real and California Drive until the end of September; 2. Creation of parklets along restaurant frontages within the parking lanes on Primrose Road, Park Road, Lorton Avenue, Howard Avenue, and Chapin Avenue; and 3. Temporary, Saturday -Sunday closure of Broadway between Chula Vista Avenue and Capuchino Avenue. DPW Murtuza stated that on June 9, 2020, the Council held a special meeting to consider temporarily closing Burlingame Avenue. He noted that the closure has been generally well -received. He explained that at the June 9 meeting, the Council expressed an interest in creating parklets on side streets in the Downtown Burlingame Avenue area. DPW Murtuza stated that on June 24, the ED Subcommittee held a special meeting to discuss the parklets concept. He explained that the ED Subcommittee agreed to move forward with the concept in the Downtown Burlingame Avenue area. He described the parklets as surrounded by heavy duty industrial barriers that are filled with water. He stated that the barriers couldn't be relocated overnight and therefore would become a permanent fixture for the time being. He noted that the parklets would result in the loss of 60 to 70 parking spaces. He stated that this was based on maximum utilization of the parklets. 6 Burlingame City Council July 6, 2020 Unapproved Minutes Agenda Item 8a Meeting Date: 08/17/2020 Mayor Beach suggested considering the extension of the Burlingame Avenue closure and the creation of parklets prior to discussing Broadway. Council agreed. Councilmember Brownrigg stated that parklets would assist restaurants in weathering the storm. He suggested opening up this option citywide and not limiting it to the Downtown Burlingame Avenue area. Mayor Beach asked if staff had concerns about allowing parklets citywide. DPW Murtuza stated that staff is recommending parklets for the entire downtown. He explained that other areas such as California Drive were not included due to traffic volume and public safety. Vice Mayor O'Brien Keighran asked if Council approves extending the temporary street closure on Burlingame Avenue, if Council could still tweak the program as needed. City Manager Goldman replied in the affirmative. Vice Mayor O'Brien Keighran asked if staff had talked to the downtown businesses about the parklets to find out who was interested. City Manager Goldman stated that staff visited every restaurant in the downtown business district. DPW Murtuza added that most of the restaurants were interested, and staff gave them encroachment applications to start the process. Councilmember Colson asked if the parklets would be available seven days a week. City Manager Goldman replied in the affirmative. Councilmember Colson asked if restaurants were being charged a flat fee for these encroachment permits. DPW Murtuza stated that due to the City's interest in assisting businesses, there are no permit fees charged at this time for restaurants interested in obtaining parklets. Councilmember Ortiz stated that the issue he has with the parklets is that once they go down, they stay there for the season, and then the City loses parking. He noted that when he drives through San Mateo, there are many empty tables at the parklets. He asked that the City wait for the encroachment permit prior to putting down a parklet. City Manager Goldman replied in the affirmative. Councilmember Colson asked if restaurants must have certain hours or be open a certain amount of days to obtain a parklet. City Manager Goldman replied in the negative. Councilmember Brownrigg stated that he would be interested to hear what his colleagues thought about charging a fee for the parklets. He noted that by charging a fee, it ensures that restaurants are committed to utilizing the parklets. Mayor Beach opened the item up for public comment. Jason Cooper voiced his support for continuing the temporary closure of Burlingame Avenue. (comment submitted via publiccomment;&burlin_ag me.org.) 7 Burlingame City Council July 6, 2020 Unapproved Minutes Agenda Item 8a Meeting Date: 08/17/2020 Karen Kelly voiced concern that the temporary closure of Burlingame Avenue is detrimental to some small businesses. (comment submitted via publiccomment&burlin_ag me.org). Mayor Beach closed public comment. Vice Mayor O'Brien Keighran stated that she didn't think the City should charge a fee for the parklets. She explained that she thought this was a good way for the City to assist businesses. She suggested that the City could remove the parklet if it isn't utilized enough. Councilmember Ortiz concurred with Vice Mayor O'Brien Keighran. Councilmember Colson stated that if the City is getting a lot of complaints from retail, another option would be to create parklets on Burlingame Avenue around the restaurants so that the street didn't need to be shut down. DPW Murtuza stated that in the staff report, staff is asking for the ability to make changes to the program, including termination of the temporary street closure, if the City receives 30 unique complaints. As a result of technical difficulties Mayor Beach needed to re log into the meeting. Councilmember Brownrigg stated that he supported the consensus. He stated that he wasn't happy with the notion of staff determining if a parklet was getting enough use. He explained that instead, the City could notify the restaurants that this is a pilot program and that the City reserves the right to charge an encroachment fee. Vice Mayor O'Brien Keighran stated that the City needs to encourage people to wear masks and observe six feet social distancing in these areas. She noted that the State won't hesitate to close businesses that aren't following the rules. City Manager Goldman echoed the Vice Mayor's concern. She noted that the City has utilized the police to talk with the public about wearing masks. She discussed putting signs on the avenue. Mayor Beach rejoined the meeting. Councilmember Brownrigg made a motion to continue the temporary closure of Burlingame Avenue and to create the parklet program as described in the staff report; seconded by Vice Mayor O'Brien Keighran. The motion passed unanimously by roll call vote, 5-0. DPW Murtuza stated that at the June 24 ED Subcommittee meeting, two options were discussed to facilitate outdoor dining on Broadway. 1. Parklet option 8 Burlingame City Council July 6, 2020 Unapproved Minutes Agenda Item 8a Meeting Date: 08/17/2020 He explained that under this option the City would create parklets in front of each restaurant on Broadway, and where restaurants were next to each other, the City would combine the parklet. He stated that under this option, Broadway would lose several parking spaces. 2. Temporary Closure of Broadway He stated that under this option, the City would close Broadway at Chula Vista Avenue and Capuchino Avenue. He noted that Paloma and Laguna would remain open to provide access to residents and parking lots. DPW Murtuza stated that the ED Subcommittee felt that a temporary closure of Broadway would be a better option. DPW Murtuza stated that staff discussed the temporary closure with the Broadway BID. He explained that the Broadway BID requested that the closure be done Friday, Saturday, and Sunday, from 4:00 p.m. to 10:00 p.m. However, the ED Subcommittee decided against this because of the difficulties of closing Broadway three days in a row and the traffic congestion on Friday nights. Instead, the ED Subcommittee proposed closing Broadway from Saturday at 8:00 a.m. to Sunday at 10:00 p.m. DPW Murtuza explained that the major concern with temporarily closing Broadway is that it is a major east - west arterial street for El Camino Real and US 101. He stated that the closure would be similar to Burlingame Avenue with nine -foot pedestrian walkways to assist with ADA requirements. He added that the City would lose approximately 50 to 60 parking spaces on the weekends. Mayor Beach thanked staff and the ED Subcommittee for their work on this matter. She asked if staff had recommendations for restaurants that are located outside of the closure area on Broadway. Additionally, she asked if these restaurants would be able to obtain a parklet. DPW Murtuza stated that considering the heavy volume of traffic on Broadway and the detour of traffic onto Capuchino or Chula Vista, installing parklets could create safety concerns. He stated that staff could review this as the pilot program gets underway. Mayor Beach opened the item up for public comment. Henry Schulman stated that he was 100% opposed to closing Broadway because of traffic and safety issues. (comment submitted via publiccomentkburlin ag me.org). Scheherezade Sharabianlou voiced her opposition to closing Broadway. (comment submitted via publiccomment(d),burlin ag me.org). Oscar Juarez voiced his support for closing Broadway on the weekends. (comment submitted via publiccommentgburlin a�g). Mark Zuckerman voiced concern about closing Broadway and how it would affect residential parking in the adjoining neighborhoods. (comment submitted via publiccomment(d),burlin_ag me.org). 9 Burlingame City Council July 6, 2020 Unapproved Minutes Agenda Item 8a Meeting Date: 08/17/2020 Dave Smaby stated that the temporary closure of Broadway would intensify parking issues for residents that live on or near Broadway. (comment submitted via publiccomment@burlin a�g). A resident asked what simulations the City performed to understand the traffic flows under the proposed temporary street closure. BPAC representative Leslie Beatty stated that BPAC supports closing streets to allow for more pedestrian access. She suggested closing side streets due to their high density. Mike Cammarata voiced support for the temporary closure of Broadway. Alison Powell voiced support for the temporary closure of Broadway but discussed safety concerns. Tom Feeney voiced concern that the temporary closure of Broadway could increase the spread of COVID- 19. (comment submitted via publiccomment(aburlin ag me.org). Alene Meyer noted that unlike Burlingame Avenue, Broadway is surrounded by residential neighborhoods and asked that the City not close Broadway in order to stop the spread of COVID-19. (comment submitted via publiccomment(&burlin ag me.org). Davina Drabkin voiced support for the temporary closure of Broadway. (comment submitted via publiccommentgburlin _ a�g). Linda Field voiced concern about the enforcement of mask -wearing and the spread of COVID-19 if the street is closed. (comment submitted via publiccomment(d),,burlin ag me.org). Madeline Frechette voiced support for the closure of Broadway. (comment submitted via publiccommentgburlin _ a�g). Christopher Beall voiced support for the closure of Broadway and added that it would be an opportunity to review the need for alternative transportation in Burlingame. (comment submitted via publiccomment@burlin a�g). Dilyana Dimova asked that Broadway not be closed as it is a freeway gateway street. (comment submitted via publiccomment(d),burlin ag me.org). Manito Velasco asked if the City considered that traffic would be diverted to Sanchez, which already has safety issues. (comment submitted via publiccomment&burlin ag me.org.) A resident voiced concern about the side streets off Broadway that are residential and how delivery trucks and residents would access their streets. (comment submitted via Zoom chat). 10 Burlingame City Council July 6, 2020 Unapproved Minutes Agenda Item 8a Meeting Date: 08/17/2020 John Kevranian stated that the Broadway BID talked with the ED Subcommittee about their proposal. He explained that they wanted to close Broadway Friday, Saturday, and Sunday from 4:00 p.m. to 10:00 p.m. He voiced concern about the notice that the City put out notifying nearby residents and businesses that the City was considering closing Broadway during the day on Saturday and Sunday, rather than describing the BID's proposal. A&A Gas Station voiced concern about the closure of Broadway and how it would affect their business. (comment submitted via publiccomment&burlin ag me.org). Mayor Beach closed public comment. Councilmember Brownrigg stated that he was confused about the Broadway BID's position. He asked if he was correct that they wanted Broadway to be closed from 4:00 p.m. to 10:00 p.m. on Friday, Saturday, and Sunday. Mr. Kevranian replied in the affirmative. Councilmember Brownrigg asked if the Broadway BID approved of the recommendation in the staff report, which was to close Broadway from Saturday at 8:00 a.m. to Sunday at 10:00 p.m. Mr. Kevranian replied in the negative. Mayor Beach asked Mr. Kevranian if the Broadway BID had a second -choice. Mr. Kevranian stated that the Broadway BID opposes closure during the day because it hurts service businesses such as hair salons. Councilmember Brownrigg asked what was stated in the notice. City Manager Goldman explained that the City sent out flyers to all of the residents and businesses in that area notifying them of the ED Subcommittee proposal to close Broadway from Saturday at 8:00 a.m. through Sunday at 10:00 p.m. Mayor Beach asked if Mr. Kevranian and the Broadway BID considered parklets. Mr. Kevranian replied that they were not in favor of parklets due to safety concerns. Councilmember Colson stated that the opening and closing of streets requires a significant amount of staff time. She asked if it was feasible to have staff do this three days a week. DPW Murtuza replied in the negative. He stated that the cost to carry out the Broadway BID's proposal would be 75% more a month than the cost of the Burlingame Avenue street closure. Councilmember Colson stated that because of the financial impact, she couldn't support the Broadway BID's proposal. Councilmember Ortiz stated that at the ED Subcommittee meeting they initially discussed parklets. However, due to safety concerns, the subcommittee determined that a temporary street closure was their best option. He added that Friday night traffic concerns resulted in the ED Subcommittee proposing that the closure not start until Saturday morning. 11 Burlingame City Council July 6, 2020 Unapproved Minutes Agenda Item 8a Meeting Date: 08/17/2020 Vice Mayor O'Brien Keighran concurred with Councilmember Ortiz. She stated that after hearing from her colleagues and the public, she would be willing to amend the hours so that instead of closing Broadway at 8:00 a.m. on Saturday, it is closed at 4:00 p.m. on Saturday. She noted that this is a pilot program. She suggested trying out the street closure for a couple weeks and then coming back to discuss whether it worked or not. Councilmember Brownrigg stated that he concurred with Vice Mayor O'Brien Keighran. He noted that he found this a difficult decision. He suggested following the Vice Mayor's proposal and regrouping in two weeks to see how the street closure works. He explained that he was concerned that the closure would create a heavy traffic burden on the neighboring streets. He asked staff to look into traffic calming measures. Mayor Beach stated that this was a difficult issue. She noted that she thought at first that parklets were a great option. She thought that the parklets would act as a traffic calming measure and increase pedestrian safety. She explained that she thought Vice Mayor O'Brien Keighran's suggestion of closing Broadway from 4:00 p.m. on Saturday to 10:00 p.m. on Sunday might be the best option. Mayor Beach stated that she was curious to hear more from the ED Subcommittee about why they chose not to go with parklets. She noted that Mr. Kevranian had mentioned safety issues and that from other conversations, parking availability seemed to be a concern. Councilmember Ortiz stated that parklets take up a lot of parking spaces. He added that he liked the Vice Mayor's idea to go from 4:00 p.m. on Saturday through 10:00 p.m. on Sunday. Vice Mayor O'Brien Keighran stated that parklets were a two -prong issue. The first was that the Broadway BID felt that they would be losing too many parking spaces, and the second issue was the cost of setting up the parklets and their permanence. She explained that she and Councilmember Ortiz were on the same page about not closing Broadway on Friday evenings due to Friday evening traffic. Vice Mayor O'Brien Keighran asked if the City can decrease the speed limit on the side streets during the closure. DPW Murtuza stated that he didn't believe the City could do that. Councilmember Colson suggested doing two pilot programs where one weekend Broadway is closed from 4:00 p.m. on Friday to 10:00 p.m. on Saturday, and the next weekend Broadway is closed from 4:00 p.m. on Saturday to 10:00 p.m. on Sunday. She explained that the City could then determine which worked better. City Manager Goldman stated that it is a good idea but could cause public confusion. Councilmember Colson stated that if the Broadway BID really wants Friday nights, could the Broadway closure be Friday at 5:00 p.m. to Saturday at 10:00 p.m. She noted that a lot of the service industries are open on Sundays. She explained that the question she has is would they rather have Friday or Saturday night open. City Manager Goldman stated that another challenge is that whatever time you close the road down, staff will have to start getting the cars off the road a couple of hours before. 12 Burlingame City Council July 6, 2020 Unapproved Minutes Agenda Item 8a Meeting Date: 08/17/2020 Councilmember Colson and Mayor Beach suggested following Vice Mayor O'Brien Keighran's proposal of closing Broadway from 4:00 p.m. on Saturday through 10:00 p.m. on Sunday. Councilmember Brownrigg voiced support for closing Broadway from Saturday at 4:00 p.m. until Sunday at 10:00 p.m. for two weekends. He stated that then he would like to review the pilot program to see how it is working from both a restaurant and traffic perspective. He noted that he is deeply concerned about the health of restaurants on Broadway. He added that a stop sign on Carmelita or Sanchez would assist with slowing down traffic. Vice Mayor O'Brien Keighran made a motion to close Broadway from Saturday at 4:00 p.m. to Sunday at 10:00 p.m.; seconded by Councilmember Ortiz. Vice Mayor O'Brien Keighran stated that she would like to incorporate traffic calming measures into the pilot program. Councilmember Ortiz stated that he believed the pilot program should run for a month prior to reviewing the program. City Manager Goldman recommended taking it to the ED Subcommittee prior to bringing it back to the Council as the Council is on break until August 17. Vice Mayor O'Brien Keighran concurred with the City Manager. 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 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 Hurin stated the City Council reviewed a draft ADU ordinance on March 2, 2020 and May 18, 2020. He explained that at the May 18 meeting, 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 as an extension of the primary dwelling. Additionally, he stated that Council expressed 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. 13 Burlingame City Council July 6, 2020 Unapproved Minutes Agenda Item 8a Meeting Date: 08/17/2020 Planning Manager Hurin explained that following the May 18 meeting, staff requested that the State Department of Housing and Community Development ("HCD") review and comment on the draft ordinance. HCD noted that overall, the draft ordinance does a good job at covering the more difficult portions of the ADU statute. He added that HCD offered several comments for the City to address in the draft ordinance. Planning Manager Hurin stated that HCD clarified that 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. He explained that new attached ADUs would be limited to 50% of the existing primary dwelling, with a maximum allowed size of 850 square feet, or 1,000 square feet for two or more bedrooms. Planning Manager Hurin stated that HCD stated that the City cannot limit the number of kitchen facilities within an ADU. Additionally, he explained that HCD noted that the City 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. Lastly, HCD stated that in multifamily structures, the City 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. Planning Manager Hurin stated that staff contacted HCD for guidance on the issue of monitoring the use of ADUs. HCD explained that the statute does not anticipate that cities would monitor the use of ADUs, and it doesn't provide any safeguards for this issue. He stated that there may be pauses in the use of the ADU, and the use may change over time, but the ADU would continue to provide the opportunity for housing in various forms over its lifetime. Vice Mayor O'Brien Keighran asked if there is any other city on the Peninsula that monitors how the ADUs are utilized. She stated that her issue is that people might build ADUS for the benefit of extending the use of their primary residence rather than utilizing it for housing. Planning Manager Hurin stated that of the 30 applications that the City has received for ADUs, staff senses that they are all for housing. He also noted the issue with trying to track an ADU's use. City Attorney Kane stated that the City can certainly try to track it. She noted that the message they got from HCD is that they can't require it as part of the ordinance as something that would be enforceable. Vice Mayor O'Brien Keighran stated that she liked the idea of collecting the data and then later re- evaluating. She noted that her concern is that the system could be abused. Mayor Beach asked the City Clerk to read the title of the ordinance. City Clerk Hassel -Shearer read the title of the ordinance. Vice Mayor O'Brien Keighran made a motion to waive further reading and introduce the ordinance; seconded by Councilmember Ortiz. The motion passed unanimously by roll call vote, 5-0. Mayor Beach opened the public hearing. No one spoke. 14 Burlingame City Council Unapproved Minutes July 6, 2020 Agenda Item 8a Meeting Date: 08/17/2020 Councilmember Brownrigg stated that he has a lot of concerns about the ADU ordinance, but it is a State mandate. Mayor Beach asked the City Clerk to publish notice of the proposed ordinance prior to the next meeting. c. PUBLIC HEARING TO CONSIDER PROPOSED AMENDMENTS TO THE BURLINGAME MUNICIPAL CODE TO ALLOW FOR A BUILDING ELECTRIFICATION REACH CODE CDD Gardiner stated that the Council has reviewed the Reach Code extensively, and what is before the Council at the meeting is a response to what was discussed at the June 15 meeting. He noted that the Reach Code was broken into three ordinances: single-family residences, multi -family, and commercial. Sustainability Coordinator Michael first reviewed the proposed ordinance for single-family residences. Building Electrification Requirements Solar Requirements EV Infrastructure Requirements • All -electric for new homes • Existing building code • One Level 2 charging and and certain substantial requirements one Level 1 if a second remodels parking space exists • Non -electric indoor and • Exception: Accessory outdoor cooking Dwelling Units or Junior appliances and fireplaces Accessory Dwelling Units are allowed without parking facilities • Electric prewiring required for any non -electric appliances as applicable Sustainability Coordinator Michael noted that substantial remodel is defined as when the remodel is over 50% of the valuation of the existing structure and includes a new HVAC system. She added that new roofs or kitchen remodels wouldn't trigger this requirement. Sustainability Coordinator Michael next reviewed the proposed ordinance for multi -family buildings. Building Electrification Requirements Solar Requirements EV Infrastructure Requirements • All -electric • Min 3kW system for • Level 2 Ready for 10% of • Exception: Must buildings less than 10,000 units; remaining units to be demonstrate all -electric is square feet Leave 1 Ready and have infeasible due to • Min 5kW system for conduit for future Level 2 outstanding circumstances buildings 10,000 square charging; Level 1 access or technical challenge to be feet and larger may be shared between considered for an • Exception: Solar infeasible two units. exception by the Chief due to roof size, slope, • Exceptions: EV 15 Burlingame City Council July 6, 2020 Unapproved Minutes Agenda Item 8a Meeting Date: 08/17/2020 Building Official shading, and other infrastructure costs exceed • Electric prewiring required limitations $4,500 per space; spaces for any non -electric accessible only by appliances as applicable automated mechanical parking systems; commercial power supply is unavailable. Vice Mayor O'Brien Keighran asked if there is a State law going into effect in 2022 that mandates electrification. Sustainability Coordinator Michael stated that there is talk of that happening. She explained that PG&E recently endorsed all -electric. Vice Mayor O'Brien Keighran asked what is included in the proposed legislation. Sustainability Coordinator Michael stated that it wasn't known yet. Sustainability Coordinator Michael reviewed the third proposed ordinance that dealt with commercial buildings. Building Electrification Requirements Solar Requirements EV Infrastructure Requirements • All -electric • Min 3kW system for • Offices: Level 2 Stations • Commercial kitchens and buildings less than 10,000 for 10% of spaces; and restaurants allowed to use square feet Level 1 for 10% of spaces non -electric cooking • Min 5kW system for • Other Commercial: Level appliances buildings 10,000 square 2 Stations for 6% of • Exception: must feet and larger spaces; and Level 1 for 5% demonstrate all -electric is • Exception: Solar infeasible of spaces infeasible due to due to roof size, slope, • Exceptions: EV outstanding circumstances shading, and other Infrastructure costs exceed or technical challenges to limitations $4,500 per space; spaces be considered for an accessible only by exception by the Chief automated mechanical car Building Official parking systems; parking • Electric prewiring required facilities without available for any non -electric commercial power supply appliances as applicable Vice Mayor O'Brien Keighran asked if a restaurant wants a gas stove, will they need to go through the Building Official, or are they exempt. Sustainability Coordinator Michael stated that they are exempt and allowed to put in a gas stove. Councilmember Ortiz stated that he thought the Council agreed to only allow outdoor gas use for new single- family residences. City Manager Goldman noted that there are so few single-family residences that are built 16 Burlingame City Council July 6, 2020 Unapproved Minutes Agenda Item 8a Meeting Date: 08/17/2020 that staff felt this was the path of least resistance. She added that if the Council did want to amend the ordinance, it would be a major change, so it would have to be re -introduced at the next Council meeting. Mayor Beach asked the City Clerk to read the titles of the three proposed ordinances. City Clerk Hassel - Shearer read the titles. Councilmember Brownrigg made a motion to waive further reading and introduce the three proposed ordinances; seconded by Councilmember Ortiz. The motion passed unanimously by roll call vote, 5-0. Mayor Beach opened the public hearing. No one spoke. Councilmember Colson thanked staff for their hard work and the discussions that had been had on the Reach Codes. Mayor Beach concurred. She stated that Council and staff worked hard on the ordinances, and a lot of compromises were made along the way. Councilmember Ortiz agreed and stated that he would like the ordinances to be a tiny bit more stringent but can live with the proposed ordinances. Vice Mayor O'Brien Keighran stated that she knew everyone had put a lot of work into this, but she had objections to some of the requirements in the proposed ordinances. She noted that knowing there might be a State mandate in 2022, she would rather use this time to educate the public rather than adopt a single-family residence ordinance. Mayor Beach asked the City Clerk to publish notice on the proposed ordinances prior to the next meeting. d. 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 DPW Murtuza stated that the public hearing for this matter is required as part of the Streets and Highways Code to vacate an existing easement. He explained that approximately two years ago, the City Council approved a resolution authorizing the City Manager to execute a cost -sharing agreement with San Mateo County to relocate a water main that was in conflict with the new animal shelter project. He stated that the work was completed, and the old easement is no longer needed. Mayor Beach opened the public hearing. No one spoke. Councilmember Brownrigg made a motion to adopt Resolution Number 098-2020; seconded by Councilmember Colson. The motion passed unanimously by roll call vote, 5-0. 17 Burlingame City Council July 6, 2020 Unapproved Minutes Agenda Item 8a Meeting Date: 08/17/2020 10. STAFF REPORTS a. DISCUSSION OF SHORT-TERM RENTALS CDD Gardiner stated that staff first had a conversation with the City Council concerning short-term rentals at a study session in December 2019. He explained that since that time staff hired Good City Company to assist with the process and do further research. Good City Company Principal Aaron Aknin explained that tonight they would be discussing the different options available to the City for regulating short-term rentals in order to guide development of a future ordinance. Mr. Aknin reviewed the main takeaways from the December 2019 study session: • Create a policy framework • Property rights — reasonable regulations not prohibition • Protect housing stock and quality of life • Accessory Dwelling Units and affordable units should be addressed • Create limitations and maximums • Distinguish between "hosted" versus "un-hosted" rentals • Registration, tax -collection, and data collection should be addressed Mr. Aknin reviewed the proposed policy framework: 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. Mr. Aknin reviewed key definitions for short-term rentals: • Short Term Rentals — dwelling units that are rented for periods lasting fewer than 30 days. • 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. • Primary Resident— Homeowner or long-term renter lives in the homes a majority of the year and can provide evidence. Mr. Aknin reviewed potential housing regulations for the Council to discuss. He explained that the first option is the primary residence requirement. He stated that this goes to the housing stock issue. He noted that in general, on the Peninsula, we don't want people buying homes to rent as Airbnb units. This requirement states that the only way you can rent out a short-term rental is if it is your primary home. 18 Burlingame City Council July 6, 2020 Unapproved Minutes Agenda Item 8a Meeting Date: 08/17/2020 Mr. Aknin stated that another option is that the City could limit the number of un-hosted rental days per year. He noted that in San Francisco, the maximum un-hosted days per year is 90. However, he explained that most cities state that the rental can be un-hosted 180 days per year. Mr. Aknin noted that there is also a general prohibition on affordable housing units as short-term rentals. Mr. Aknin discussed potential neighborhood character regulations including: • Prohibition/limitation on special events • Limit concurrent listings or occupants • Requiring onsite parking for renters • Require local contact person and process Mr. Aknin compared two short-term rental ordinances: Redwood City Millbrae Primary Residence Required Required Un-hosted Rental Maximum 120 days per year 100 days/permit duration Special Events Prohibited Prohibited Occupancy Maximum None • Nighttime — 2 persons/bedroom, plus 2 additional persons • Daytime — twice nighttime occupancy Concurrent Listing Maximum 2 maximum concurrent listings for None same primary residence Parking Existing on -site parking spaces Existing on -site parking spaces must be made available must be made available Local Contact Person • Local contact person must • Minimum of 2 authorized be identified to guests and agents identified on permit adjacent properties for un- application for un-hosted hosted rentals rentals • 60-minute response time • 30-minute response time and remedial action required 24 hours/day required 24 hours/day • Contact information distributed to 500-foot radius after permit issuance He noted that most cities don't regulate the number of hosted rental days. Mr. Aknin reviewed implementation and enforcement. He stated that the City can choose to require hosts to register their units via a modified business license process. He explained that the City may wish to clarify its 19 Burlingame City Council July 6, 2020 Unapproved Minutes Agenda Item 8a Meeting Date: 08/17/2020 TOT ordinance to require collection agreements with hosting platform(s) to collect TOT from all hosts and remit it to the City. Lastly, he discussed the City's enforcement options. He stated that the City can pursue enforcement through the hosting platform or through a third -party platform that tracks the location of short- term rentals to ensure that they are consistent with the registered unit. Mr. Aknin stated that he found out from Airbnb that there are 190 short-term rentals within Burlingame, with approximately 9,000 rental nights per year. Councilmember Brownrigg explained that in Burlingame, there are a number of individuals that list their property on Airbnb, and no one complains. However, there is one site that generates several complaints. He asked what the difference was between that site and the other sites. CDD Gardiner stated that the discussion about concurrent listing requirements is partially to address this type of issue. He stated that it would limit how many bookings on one property could be made in a single night. Councilmember Brownrigg asked if the other short-term rentals in the city that don't elicit a high level of complaints are undertaking concurrent rentals. CDD Gardiner stated that it is unclear. Mayor Beach asked about having minimum night stay requirements that could deter the feeling of a revolving door or potential party situation. Mr. Aknin stated that it could be a tool that is used, but it is not in a lot of ordinances. He noted that it could be something that Airbnb and other platforms push back against and something that is hard to regulate. Mayor Beach asked if Mr. Aknin had recommendations for revoking a short-term rental license based on complaints and violations. Mr. Aknin stated that he had discussed a three -strikes rule with Airbnb that could be put in local ordinances. City Attorney Kane noted that the key issues are due process and that there is an opportunity for a fact-finding process before the City removes a right that has been conferred. She discussed the City's revocation proceeding for business licenses and stated that this is the kind of thing that staff will be reviewing. Councilmember Colson asked if the short-term rental market has declined as a result of COVID. She added that as a result of that, has that changed the negotiating power of cities relative to the large corporate entities. Mr. Aknin stated that there has been a big decline particularly in the areas that rely on business short-term rentals. He noted that around 2015-2016, Airbnb and the other platforms didn't play well with the cities. He stated that after Airbnb's negotiations with San Francisco, they seemed more willing to work with cities. Councilmember Ortiz asked Mr. Aknin to comment on the issues of enforcing City ordinances on short-term rentals. Mr. Aknin replied that the ordinance is generally enforced in the same way that other code enforcement issues are handled. He added that the City will have Airbnb and the other platforms to assist with enforcement. City Attorney Kane added that the cooperation of Airbnb and other platforms hinges on the City's proposed ordinance and if it is palatable to them. Therefore, if the City takes a stronger stance and severely limits things, Airbnb is less likely to assist the City. 20 Burlingame City Council July 6, 2020 Unapproved Minutes Agenda Item 8a Meeting Date: 08/17/2020 Vice Mayor O'Brien Keighran asked in which areas of the legislation cities experience the most pushback from Airbnb. Mr. Aknin stated that it would be the number of days allowed for un-hosted rentals and when the City makes registration difficult. He added that if there are a bunch of requirements that overall make things difficult, the platforms will be upset. Councilmember Brownrigg stated that the TOT revenue is not a factor that he is considering when it comes to regulating short-term rentals. He explained that if Burlingame has 9,000 nights of short-term rentals per year, it comes out to approximately $100,000 to $150,000 in TOT revenue. He noted that there is an equity element that short-term rentals should have to pay TOT. He stated that what he is trying to figure out is the balance between the private landowner's rights to use their property versus the neighborhood's rights to not have a busy business next to them. He asked how the City should consider how many nights to allow un- hosted rentals. Mr. Aknin stated that in a previous ordinance he worked on, it was decided that the City wanted the residence to be used as a normal single-family home for a super majority of the time. Therefore, that City decided that a unit or home could not be used as an un-hosted rental for more than one-third of the days in a year. He stated that the key from a neighborhood standpoint is the primary residency requirement. He explained that his recommendation would be to allow 120 days as un-hosted so that for two-thirds of the year, it is still a single-family home. Mayor Beach opened the item up for public comment. Pete Wanger stated that he would like Burlingame to only allow hosted accommodations. (comment submitted via publiccomment(&burlin ag me.org). Mayor Beach closed public comment. Councilmember Ortiz stated that it scares him that the City may be legislating on this issue based on the one rogue operator. Therefore, he explained that the Council needed to move carefully and remember that a majority of the short-term rentals in Burlingame operate without complaint. He stated that the biggest issue to him is the concurrent listing, and he thought this would help to reign in the complaints. Mayor Beach stated that concurrent listings are an Achilles heel. She explained that while the City hasn't received complaints about several properties, she didn't think that people move into a single-family neighborhood in Burlingame with the expectation that they are going to be living next to a revolving door of a short-term rental. She stated that she respects private property rights, but she leans into having a more restrictive approach to protect the neighborhood and housing stock. She discussed minimum night rentals and thought the requirement of a minimum stay of two to three nights might help to prevent the revolving door aspect of short-term rentals. She stated that she agreed that a primary residence requirement could be a way to protect neighborhoods, and this could also be done by limiting multiple listings on any property. She added that for un-hosted nights, she would keep it at a 100 to 120-day limit. Vice Mayor O'Brien Keighran stated that it would be nice to have more data. She noted that the criteria she would want to focus on is primary residence, 120-day limit for un-hosted, TOT for short-term rentals, and 21 Burlingame City Council July 6, 2020 Unapproved Minutes Agenda Item 8a Meeting Date: 08/17/2020 that the properties must register with the City. She added that she agreed with Mayor Beach that a two -night minimum would be good. Councilmember Colson stated that short-term rentals can be an important way to augment people's income if needed. Councilmember Brownrigg concurred with the Vice Mayor. He asked if ADUs could be short-term rentals. City Attorney Kane replied in the negative and explained the proposed ADU ordinance outlined that they are only for long-term rentals. Councilmember Ortiz stated that he supported the 120-day limit for un-hosted rentals. He added that he believed that short-term rentals should be charged TOT. Mayor Beach stated that she was hearing consensus for a 120-day limit for un-hosted rentals, having a local contact, TOT, and limit concurrent listings. She asked Mr. Aknin for advice on how to frame the concurrent listings. Mr. Aknin stated that he believed the Council wanted to distinguish between when it's a hosted rental with two bedrooms being rented out versus an un-hosted rental with three or four bedrooms being rented to different people. He noted that he would further research this approach but believed that San Jose limited the total number of people by the number of bedrooms. Mayor Beach stated that when the City doesn't limit the number of concurrent listings, it brings more automobile traffic and parking congestion. She added that she leans towards having restrictions on that matter. Councilmember Brownrigg stated that he believed the significant burden is how many nights the City will allow un-hosted. Mayor Beach asked if her colleagues supported considering a minimum night rental. Councilmember Ortiz stated that he would keep it to two. Councilmember Colson stated that a short-term rental of one night could be for a business traveler versus a minimum stay of two or three nights could be a vacationer that is coming and going more often. Vice Mayor O'Brien Keighran stated that she was leaning towards requiring a two -night stay but thought Councilmember Colson brought up a good point. Mayor Beach asked staff if they had direction. CDD Gardiner replied in the affirmative. 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 22 Burlingame City Council July 6, 2020 Unapproved Minutes Agenda Item 8a Meeting Date: 08/17/2020 (PS-3) TO CITY PROPERTY ON THE EAST SIDE OF THE RAILWAY TRACKS IN THE INDUSTRIAL ZONE DPW Murtuza stated that 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 and to address residents' concerns about the original location. He added that Caltrain estimated that relocating the PS-3 in the future would cost approximately $10 to $12 million. Therefore, Council approved the Real Estate Agreement, which granted Caltrain approximately 4,000 square feet in the rear of the Public Works Corporation Yard and a lease for the permanent placement of the station. Additionally, as part of that agreement, Caltrain would pay the City $150,000 to mitigate the parking impacts associated with the loss of parking. DPW Murtuza explained that in April 2020, staff heard from Caltrain that their design build contractor had been unable to complete the PS-3 design within the space agreed to by the Council. He stated that Caltrain staff noted that as the PS-3 design was developed further, electrical clearance requirements increased the footprint needed, and an update in the FEMA floodplain made it so that the transformer would need to be elevated. DPW Murtuza stated that staff worked closely with Caltrain on a revised design. The proposed revision requires an additional 10-foot strip of land, plus approximately 500 square feet of land. He noted that it is estimated that this will increase the impact to the Public Works Corporation Yard from 10 to 12 lost spaces to 14 to 16 lost spaces. He added that due to the changes, it is estimated that the redesign costs of PS-3 will increase by $250,000. DPW Murtuza stated that Caltrain is pursuing funding from the San Mateo County Transportation Authority to cover the additional $250,000 cost and to pay Burlingame an additional $75,000 for the land acquisition. Councilmember Brownrigg stated that it seemed like a sensible amendment that was made necessary by required changes. Mayor Beach opened the item up for public comment. No one spoke. Councilmember Brownrigg made a motion to adopt Resolution Number 099-2020; seconded by Councilmember Ortiz. The motion was adopted unanimously by roll call vote, 5-0. 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS a. MAYOR BEACH'S COMMITTEE REPORT 12. FUTURE AGENDA ITEMS There were no future agenda items. 23 Burlingame City Council July 6, 2020 Unapproved Minutes Agenda Item 8a Meeting Date: 08/17/2020 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 ag me.org. 14. ADJOURNMENT Mayor Beach adjourned the meeting at 11:21 p.m. Respectfully submitted, Meaghan Hassel -Shearer City Clerk 24 Burlingame City Council July 6, 2020 Unapproved Minutes 5URi1NGAME S TA F F REPORT AGENDA NO: 8b MEETING DATE: August 17, 2020 To: Honorable Mayor and City Council Date: August 17, 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: Adoption of an Ordinance of the City Council of the City of Burlingame Amending 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 Creatinq Accessory Dwellinq Units. RECOMMENDATION The City Council should adopt the resolution: A. 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 should adopt the following ordinance: B. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AMENDING 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 1 Title 25 — Amendments for Accessory Dwelling Units August 17, 2020 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. DISCUSSION The City Council conducted a duly noticed public hearing and discussed the proposed amendments at its regular meeting of July 6, 2020. No changes were requested, and it was scheduled for adoption. The proposed ordinance and a resolution making required findings pursuant to the California Environmental Quality Act (CEQA) are presented to the City Council for adoption at its regular meeting of August 17, 2020. With regards to tracking use of ADUs, staff will evaluate and integrate models for tracking the use of ADUs as this ordinance is put into effect. Staff would also note that San Mateo County's "21 Elements" collaborative is partnering with the Center for Community Innovation and Urban Displacement Project at UC Berkeley and the Department of Housing and Community Development (HCD) to conduct a statewide ADU occupancy and affordability survey. The survey will include information such as whether or not the ADU is being rented, monthly rent charged, financing and costs of constructing the ADU. Contact information for ADUs built or under construction in Burlingame has been provided to 21 Elements for this survey. While there will be a statewide report, 21 Elements jurisdictions will have access to more detailed data regarding affordability once the report is complete. Survey responses will be confidential, but jurisdictions will receive jurisdiction -level summaries of data. FISCAL IMPACT None. Exhibits: • CEQA Resolution • Ordinance 2 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 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 6. 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 171" day of August, 2020 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: 061 Meaghan Hassel -Shearer, City Clerk 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 (strikeout) 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 eXiStiRg and nog°, accessory dwelling units A( DUs) 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 ptl ORDINANCE NO. 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. 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 tvaes. the Communitv Development Director shall make a determination pursuant to Code Section 25.16.150. "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. (c) "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. M "Junior accessory dwelling unit" or "JADU" means a residential dwelling unit that: M is no more than 500 square feet in size, 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. (q) "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^ry dwelling unit permit procedure. (a) Applications for ADU and JADU permits shall be in writing and filed with the Community Development Department ^^mm„nity deyelopmeRt direGtE) on a form approved by the GCommunity dDevelopment dDirector. 4 ORDINANCE NO. (b) As established by council resolution, a fee will be charged for an application for an ADU or JADU asseCsery .dwelling „nit permit under this chapter. All ADUs and JADUs are also subject to building permit fees. (c) Within sixty ene hundred twen+(60 4-20) days of receipt of a complete application, the Community Development Department staff r+emmi inity .development diren+er shall ministerially process for approval any application for an aGGessery dwelliRg URO 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, nerfermanne standards se+ forth in Ses+len 25 59 060 are me+ the application pFepesal shall be approved ministerially without discretionary review or public hearing and the applicant may proceed to acquire a building permit. All ADUs and JADUs aGGeSSOFY W are categorically exempt from CEQA pursuant to Sections 15301 and 15303 of the CEQA guidelines. If the annlisatien does net moo+ all of the req uirements of thicc GhapteF, � uthe semmnity ldeyelenment rdirenter shall rdeRy the annlisatien. 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 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 ,^Gesso^• dwelling unft permit. (a) Grounds. An ADU or JADU annesser„ 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; Th near Ge standards outlines, in this chanter are net being met; or (2) The ADU or JADU a^^eCsery .dwelling „nit is no longer used for residential purposes; or (3) The parking required by this chapter is no longer provided_-L-� The nle_family GlW ninn OR Site purposely uemorlrished . 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 dime Gemmupity develepment unless a written request for a hearing before the Pplanning CEommission is requested within fifteen (15) days after the date of said notice. If no response is received, the Community Development Director dire^+„~ of Gernm„nity devel„pmen+ shall fer+hwi+h Will revoke the ADU or JADU aGGessery dwelling u ni+ permit as set forth in the said notice. (c) Hearing. If a hearing is requested, at least ten (10) days' notice thereof shall be given to the requested party. At the any SFGh hearing, the property owner may sha4 call witnesses and present evidence in his or her behalf. Upon conclusion of the such hearing, the Pplanning CEommission will determine whether or not the permit will s#a4 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 reauired 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 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. X. 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. (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 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: 7 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. (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. The ADU or JADU is restricted to the approved size and to other attributes allowed this SPctinn_ (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 havina a necessary comaonent of an ADU or JADU removed. the remainina structure and imarovements must otherwise comDly with applicable rovisions of this Code. Es3 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 illegal 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 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 sauare feet or 1.000 sauare feet 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 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 coveraae. An ADU measurina no more than 850 sauare 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; The ADU is constructed in the same location and to the same dimensions as an existi 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 areater than 800 sauare 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 rade to the tor) of plate. For detached ADUs containina a sinale slope. 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. (g) Entrance. An ADU shall have a separate exterior entrance from the main entrancetothe existing or proposed single family dwelling. For an ADU located entirely on a second story, this shall uire 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. () A recreational vehicle, commercial coach, trailer, motor home, camper, camping trailer, boat or similar vehicle shall not be used as an ADU. (I) 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. 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 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. (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 Iona as the ADU does not exceed 850 sauare feet. c) Minimum size. No JADU shall be smaller than the size reauired to allow an efficiencv 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: Contains a sink and cookina facilitv with aoDliances (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. 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 reauired. IN 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 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. 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 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 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 walkinq 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 charae set fares. run on fixed routes. and are available to the Dublic. (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 oarkina permits are reauired but not offered to the 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. 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. (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. 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 SIX "yea 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 coy hundred forty (640) 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 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 fGu#eeefifteen (4-415) feet, provided: {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 will be that are located within ten three 3 feet of the property line; er any pertien-ef a glazed GPeRiRg will be higher than ton (10) foot above grade skylights on sloping roofs facing side vards located within ten (10) feet of Droaerty line or skvliahts on slooina roofs facina the rear Droaerty 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 t4at-for an accessory `VA 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 ` etaGhed 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; IN 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 twenty o`,eighteen (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 SeG#aeR 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: all 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. (Gd) 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 17th day of August, 2020, by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: Meaghan Hassel -Shearer, City Clerk 22 BUR— IN�AAGENDA NO: 8c STAFF REPORT MEETING DATE: August 17, 2020 To: Honorable Mayor and City Council Date: August 17, 2020 From: Sigalle Michael, Sustainability Coordinator — (650) 558-7204 Subject: Adoption of Ordinances Amending the Burlingame Municipal Code to Allow for a Building Electrification Reach Code RECOMMENDATION By motion, the City Council should adopt the following three ordinances: ■ 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 ■ 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 • 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 To do so, the Council should: 1. By motion, adopt the proposed ordinances. 2. Direct the City Clerk to publish summaries of the ordinances within 15 days of adoption. DISCUSSION The City Council conducted a duly noticed public hearing and discussed the proposed amendments at its regular meeting of July 6, 2020. No changes to the proposed ordinances were requested; therefore, the ordinances are presented to the City Council for adoption at its regular meeting of August 17, 2020. FISCAL IMPACT None. 1 Reach Code Ordinance Adoption August 17, 2020 Exhibits: • Ordinances 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. n 1: Sinale Familv Residences may contain non -electric indoor and outdoor Cooking Appliances and Fireplaces. Exception 2: If the aDDlicant 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 Durpose of the technical code. the modification shall be as narrow as possible so as to effectuate as much of a reduction in VA 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 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 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 charaina as "EV CAPABLE." Construction documents shall indicate future completion of raceway from the panel to the parking space, via the installed inaccessible raceways. C! 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 there *6 eVideRGe sybstaRtiatiRg that meetiRg the FequiFernents will of the motor se as to increase the utility side nett to the hemeewner or the developer 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 annemmedate a rderdinated 208/240 volt branGh GiFGUit. The raGeway shall not be less than trade size 1 (nerninal 1 inGh inside diameter\ The raeewa y shall originate at the main seniiee er subpanel apd sham ceRGealed areas and spaGes. The se. A- panel and/er subpanel shall previde GapaGity te install a 40 ampere minimum dedicated branch GirGuit and spaGe(s) reserved to permit installatien ef a hrannh GiFGI pit eYersUrrent nrete Gtiye deVine 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., he sen,ise panel or sub panel ^ir^„it direGtOFY hall idea+ify the CAPABLE" The raceway termination location shall be permanently and visibly marked as V 19 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. C^ 4.106.4.2.5 idenfiftatwon. The or sub panel GiFGUit diFeGtOFY shall identify the O,00n�maeEe, aRGe with the GaInfernia E!eGtTGal 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 rA 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 :, 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 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 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 arants 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 following: VA 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: 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 Ranae:" 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 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! 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 C^ complying with Section 150.1(c)8Biii. and which provide 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 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. 0 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 includinq 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. 9 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: 1. 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 ev4dence substantiating that meeting the requirements will alte the IGGal utility infra StFUGtYre de '_ . nents on the utility side of the mete so as +e innrease the utility side nec+ +e the hemeewner eF the develeper by mere 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 serViGe panel er sub panel ^irG ii+ ,dire Gter„ shall identify the everGUrrent proteGtive deViGe spaGe(s) reserved for future EV charging as "Level 2 E-V CAPABLE"The raceway termination location shall be permanently and visibly marked asV CAPABLE— "Level 2 EV Ready,,. 4.106.4.2 New multifamily dwellings. ifn residential parking is available, ten (10) nerGen+ in t9tal Rumber of parking Spaces on a building site, previded fer all types ef parkiRg faGilities, shall be electric vehoGle chargiRg spaces (EV spaces) capable of supperting future EVSE. GaIGUIlations for the required number of EV spaces shall be rounded up te the nearest whole nor. 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 Readv 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: 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 utility service or on -site transformer capacity 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 Building 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 required bV 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 bV the Burlingame Municipal Code and Zoning Ordinance. CAPABLE" on the California €leetr+c-a' Code. —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. nlVISION 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. VA 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 junction 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 ADDliance" 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, junction 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 Dool 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 (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 C^ 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)l 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)l 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 shadina from obstructions that impact the area uired 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 Building 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. 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 EVSE . 9 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 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 buildinas: In nonresidential new construction buildinas 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 Readv spaces shall be rounded uD to the nearest whole numhPr 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/policy/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 aublic and common use also provide one or more accessible EVCS as specified in Table 11 B-228.3.2.1. 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' The ser�iine panel or subpanel(S) nirn, ,it direnteni shall ideRtifi 5. .5. Identification. T„�����--p����,�T�����„��,� The raceway termination location shall be permanently and visibly marked as "EV r'°�E 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 BURLINGAME STAFF REPORT AGENDA NO: 8d MEETING DATE: August 17, 2020 To: Honorable Mayor and City Council Date: August 17, 2020 From: Syed Murtuza, Director of Public Works — (650) 558-7230 Subject: Adoption of a Resolution Accepting the Central County Fire Station 35 Improvements, City Project No. 84340 RECOMMENDATION Staff recommends that the City Council adopt the attached resolution accepting the Central County Fire Station 35 Improvements, by Southwest Construction & Property Management (Southwest Construction), City Project No. 84340, in the amount of $926,982.94. BACKGROUND On February 19, 2019, the City Council awarded the Central County Fire Station 35 Improvements to Southwest Construction, in the amount of $818,700. The City Council authorized funds to renovate the living quarters of Fire Station 35 located at 2832 Hillside Drive. The 5,600 square -foot Fire Station was outdated and no longer met the needs of the firefighters. The living quarters of the fire station were renovated with major remodeling work consisting of creating a new layout with two bathrooms from one existing bathroom; removing and replacing plumbing; replacing single -pane windows with double -pane windows; installation of an HVAC system; performing energy efficiency upgrades to the lighting; flooring; lockers; work spaces; and painting. DISCUSSION The project has been satisfactorily completed in compliance with the plans and specifications. The final construction cost is $926,982.94, which is $108,283 higher than the original contract price, and within the Council -approved contingencies. The increase in cost was due to unforeseen conditions and owner requested changes during construction. Unforeseen conditions included additional abatement under the existing flooring, additional wood framing, and traffic signal conduits in preparation for a future project. Owner requested changes included changes to the type of flooring, doubling the frequency of servicing for the temporary portable showers units during the construction, additional plumbing units in the bathrooms, additional deck repairs, and relocation of an exterior hose bib. 1 Resolution Accepting the Central County Fire Station 351mprovements Project by Southwest Construction & Property Management August 17, 2020 FISCAL IMPACT The following are the estimated final project expenditures: Construction $926,983 Construction Administration & Inspection $93,938 Architectural Construction Services $44,320 Staff Time and Permit Fees $34,759 Total $1,100,000 There are adequate funds available in the Facilities Capital Improvement Fund budget to cover the estimated final costs. Exhibits: • Resolution • Final Progress Payment • Project Location Map 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME ACCEPTING IMPROVEMENTS — CENTRAL COUNTY FIRE STATION 35 IMPROVEMENTS, BY SOUTHWEST CONSTRUCTION & PROPERTY MANAGEMENT CITY PROJECT NO. 84340 RESOLVED by the CITY COUNCIL of the City of Burlingame, California, which finds, orders, and determines as follows: 1. The Director of Public Works has certified the work done by Southwest Construction & Property Management under the terms of its contract with the City dated April 25, 2019, has been completed in accordance with the plans and specifications approved by the City Council and to the satisfaction of the Director of Public Works. 2. Said work is particularly described as City Project No. 84340. 3. Said work is accepted. 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 17tn day of Au ust, 2020, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Meaghan Hassel -Shearer, City Clerk CONTRACTOR: Southwest Construction & Property Management CITY OF BURLINGAME DATE :July 1, 2020 ADDRESS: 1213 San Mateo Ave. PAYMENT NO. 11 FOR THE MONTH OF : June 2020 San Bruno, CA 94066 Central County Fire Department Station 35 PURCHASE ORDER # 15153 TELEPHONE: 650-877-0717 CITY PROJECT NO. 84340 .....................*.., ITEM # ITEM DESCRIPTION UNIT BID UNIT BID QUANTITY % AMOUNT PREVIOUS AMOUNT PRICE : QUANTITY: SIZE AMOUNT TO DATE PAID TO DATE PAID THIS PMT. :..............................................:.......................................................:............................:......................... .... ............ ........... .......... 1 : Bands $ 6,800.00 1 LS $ 6,800.00 1.0000 : 100.00% : $ 6,800 $ 6,800 $ 2 : Insurance $ 8,600.00 1 LS $ 8,600.00 1.0000: 100.00% $ 8,600 $ 8,600 $ 3 : General Conditions $ 71,000.00 1 LS $ 71,000.00 1.0000 : 100.00% : $ 71,000 $ 70,290 $ 710 4 : Overhead and Profit $ 134,000.00 1 LS $ 134,000.00 1.0000 : 100.00% : $ 134,000 $ 132,660 $ 1,340 5 : Demolition & Site Work $ 71,000.00 1 LS $ 71,000.00 1.0000 : 100.00% : $ 71,000 $ 71,000 $ - 6 : Mechanical $ 57,400.00 1 LS $ 57,400.00 1.0000 : 100.00% : $ 57,400 $ 57,400 $ 7 : Electrical $ 141,600.00 1 LS $ 141,600.00 1.0000 : 100.00% : $ 141,600 $ 141,600 $ 8 : Plumbing $ 68,000.00 1 LS $ 68,000.00 1.0000 : 100.00% : $ 68,000 $ 68,000 $ 9 : Building $ 246,300.00 1 LS $ 246,300.00 1.0000 : 100.00% : $ 246,300 $ 246,300 $ 10 : Punch List $ 2,500.00 1 LS $ 2,500.00 1.0000 100.00% $ 2,500 $ 2,500 $ 11 : Clean-Up/Demobilization $ 1,500.00 1 LS $ 1,500.00 1.0000 : 100.00% : $ 1,500 $ 1,500 $ - 12 : Closeout Documents $ 5,000.00 1 LS $ 5,000.00 1.0000 : 100.00% : $ 5,000 $ - $ 5,000 13 : Allowance #1 - Rear Deck $ 5,000.00 1 LS $ 5,000.00 1.0000 : 100.00% : $ 5,000 $ 5,000 $ - PROJECT TOTAL $ 818,700.00 $ 818,700.00 $ 811,650.00 $ 7,050.00 CHANGE ORDERS CCO UNIT CCO UNIT BID QUANTITY % AMOUNT PREVIOUS AMOUNT # DESCRIPTION *******....********...********.............. .......................... *.......**::****.... PRICE QUANTITY: * *.**........* ..........** SIZE :*.......*.***.......... AMOUNT TO DATE ............. ................... PAID .................................. TO DATE PAID ..... ................ . THIS PMT. ........... ........... ............ .. 1 : Contract Change Order No. 1 $ 22,413.99 1 LS $ 22,413.99 1.0000 100.00% : $ 22,413.99 $ 22,413.99 $ 2 : Contract Change Order No. 2 $ 29,064.15 1 LS $ 29,064.15 1.0000 100.00% : $ 29,064.15 $ 29,064.15 $ 3 : Contract Change Order No. 3 $ 34,358.59 1 LS $ 34,358.59 1.0000 100.00% : $ 34,358.59 $ 34,358.59 $ 4 : Contract Change Order No. 4 $ 3,444.61 1 LS $ 3,444.61 1.0000 100.00% : $ 3,444.61 $ 3,444.61 $ 5 Contract Change Order No. 5 $ 16,476.16 1 LS $ 16,476.16 1.0000 100.00% : $ 16,476.16 $ 16,476.16 $ - 6 Contract Change Order No. 6 $ 2,525.44 1 LS $ 2,525.44 1.0000 100.00% : $ 2,525.44 $ - $ 2,525.44 CHANGE ORDERS TOTAL $ 108,282.94 $ 108,282.94 $ 105,757.50 $ 2,525.44 1]4111161110 2 &1 TOTAL DEDUCTIONS $ $ . : $ . : $ ................................................................................................................................................................................................................................................................................ PREPARED BY: Kevin Okada CHECKED BY: APPROVED BY CITY ENGINEER: APPROVED BY CONSULTANT: DATE 7/13/2020 SUBTOTAL * *********** * ******************..... LESS FIVE (5%) PERCENT RETENTION ................................................. SUBTOTAL WITHOUT DEDUCTIONS AMOUNT DUE FROM CONTRACTOR ......................... ....................... TOTAL THIS PERIOD *********************** ................................................. $ 926,982.94 $ 917,407.50 $ $ (46,349.15) : $ (45,870.38) $ -------------------------------- - ---------------------------- : --- $ 880,633.79 $ 871,537.13 $ $ 880,633.79 $ 871,537.13 $ 9,575.44 (478.77) 9,096.66 9,096.66 SOUTHWEST CONSTRUCTION 1213 San Mateo Avenue San Bruno, CA 94066 Phone #: (650) 877-0717 Fax #: (650) 877-0747 TRANSMITTAL COVER SHEET TO: City of Burlingame 501 Primrose Road Burlingame, CA 94010 Date: 7/10/2020 Attn: Kevin Okada Re: Central County Fire Department Station 35 Improvements City Project #84340 WE ARE SENDING: ® Attached ❑ Under separate cover via ❑ Shop Drawings El Prints ❑ Plans El Samples El Specifications ❑ Copy of Letter ❑ Change Order ❑ Submittals ® Other COPIES DATE NO. DESCRIPTION 1 7/10/20 1 Application for Payment # 11 1 7/10/20 2 Conditional Waiver & Release for Payment #11 1 7/10/20 3 Unconditional Waiver & Release for Payment #10 THESE ARE TRANSMITTED: ❑ For approval ® For your records ❑ As requested ❑ For review and comments ❑ FOR BIDS DUE: REMARKS: ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections ❑ Other: ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ Prints returned after loan to us cc: SIGNED: Karen Morales F Z w IL O LL w 1UL LL r w U Z Z O U_ J a a Q C � U .C. A d 3 d E Cd � L � z W CIO z O ti d cn j C d E b0 C w L a 0 R c U � r C a W 3 c .° L U N T Cq v � � o � Ca OD � cCC OCC U U Y 00 O aC O OQD c0 0 c cCa � � w O C U p O o01i y f fo OC' oD,O C U. E 'O d O y 0 �cr3a isz o o �. r E2�y" av :3 O p N o O cr sr, fi 3 U w c O fi Q ° � U u Q Q � YQD EY W O C z 3 ca U cOi w c6 U Q - U •Cp` 1,10 O y vF, pU o .C. o n. co) O 7 M M V• l� M 10 V ..,. M 00 �O Ci —; �O V oo r—:.:. 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Z 1— O w �a m 4 m 0 ��l w Z LLI Qv -j COo d � V = y 3 a ~ a � O 0 m 0 O 3 W� d' V U ? Z Q E w E Ic c O C';o 3U v m Q m o Q U — C O 'y ,-.� LO I.n N CO L Z E U c O O O ;g O c .� U 0 U E" c°i c ._ _ _ Z o � oci C-) E O Q C «� y I) °a Q H Z 00 m O O O Q o CONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT NOTICE: THIS DOCUMENT WAIVES THE CLAIMANT'S LIEN, STOP PAYMENT NOTICE, AND PAYMENT BOND RIGHTS EFFECTIVE ON RECEIPT OF PAYMENT. A PERSON SHOULD NOT RELY ON THIS DOCUMENT UNLESS SATISFIED THAT THE CLAIMANT HAS RECEIVED PAYMENT. Identifying Information Name of Claimant: Southwest Construction & Property Management Name of Customer: City of Burlingame Job Location: Fire Station 35 - 2832 Hillside Drive Owner: City of Burlingame Through Date: July 10, 2020 Conditional Waiver and Release This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for labor and service provided, and equipment and material delivered, to the customer on this job through the Through Date of this document. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant are waived and released by this document, unless listed as an Exception below. This document is effective only on the claimant's receipt of payment from the financial institution on which the following check is drawn: Maker of Check: City of Burlingame Amount of Check: $ 9,096.66 Check Payable to: Southwest Construction & Property Management Exceptions This document does not affect any of the following: (1) Retentions. (2) Extras for which the claimant has not received payment. (3) The following progress payments for which the claimant has previously given a conditional waiver and release but has not received payment: Date(s) of waiver and release: Amount(s) of unpaid progress payment(s): $ (4) Contract rights, including (A) a right based on rescission, abandonment, or breach of contract, and (B) the right to recover compensation for work not compensated by the payment. Signature Claimant's Signature: �/( a l Claimant's Title: Karen Morales, Billing Coordinator Date of Signature: July 10 UNCONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT NOTICE TO CLAIMANT: THIS DOCUMENT WAIVES AND RELEASES LIEN, STOP PAYMENT NOTICE, AND PAYMENT BOND RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL WAIVER AND RELEASE FORM. Identifying Information Name of Claimant: Southwest Construction & Property Management Name of Customer: City of Burlingame Job Location: Fire Station 35 - 2832 Hillside Drive Owner: City of Burlingame Through Date: Unconditional Waiver and Release 5/31 /2020 This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for labor and service provided, and equipment and material delivered, to the customer on this job through the Through Date of this document. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant are waived and released by this document, unless listed as an Exception below. The claimant has received the following progress payment: Exceptions This document does not affect any of the following: (1) Retentions. (2) Extras for which the claimant has not received payment. (3) Contract rights, including (A) a right based on rescission, abandonment, or breach of contract, and (B) the right to recover compensation for work not compensated by the payment. Signature Claimant's Signature: Claimant's Title: Karen Morales, Billing Coordinator Date of Signature: July 10, 2020 CENTRAL COUNTY FIRE STATION 35 IMPROVEMENTS Legend CITY PROJECT NO. 84340 Project Location ti� Address: 2832 Hillside Drive BURLINGAME STAFF REPORT AGENDA NO: 8e MEETING DATE: August 17, 2020 To: Honorable Mayor and City Council Date: August 17, 2020 From: Syed Murtuza, Director of Public Works — (650) 558-7230 Subject: Adoption of a Resolution Accepting the Police Station Underground Storage Tanks Removal Project in the Amount of $309,409 by PMK Contractors LLC, City Project No. 84640 RECOMMENDATION Staff recommends that the City Council adopt the attached resolution accepting the Police Station Underground Storage Tank (UST) Removal Project in the Amount of $309,409 by PMK Contractors LLC, City Project No. 84640. BACKGROUND On May 20, 2019, the City Council awarded the Police Station Underground Storage Tank Removal Project to PMK Contractors LLC, in the amount of $285,607. The City Council authorized funds for removal of the 12,000 gallon gasoline and 4,000 gallon diesel underground storage tanks at the police station. Both single walled fiberglass underground storage tanks were originally constructed when the police station was built in 1983 and have served beyond their design lifespan. The San Mateo County Department of Health's Environmental Health Services Division requires that all single walled underground storage tanks must be removed prior to 2025. A subsurface drilling permit was obtained from the Environmental Health Services Division to perform exploratory soil borings during the design phase. The soil borings were performed, and the test results indicated that petroleum hydrocarbon constituents are present in the surrounding soil and groundwater around the gasoline tank. However, no evidence of contaminated soil was found around the diesel tank. The results of the investigation activities and associated data were submitted to the County. The San Mateo County Groundwater Protection Program staff opened a case naming the City as a responsible party for the release of gasoline from the underground storage tanks. In September and October 2019, the underground storage tanks were removed in accordance with the plans and specifications, and fueling of police vehicles was relocated to the Corporation Yard. Concurrently, a separate project was completed to install a new diesel generator with an under belly tank to provide standby power to the police station. The surface above the underground Resolution Accepting the Police Station Underground Storage Tank August 17, 2020 Removal Project by PMK Contractors, LLC storage tanks was restored, and improvements were made to the parking lot at the rear portion of the Police Station site. The County has requested additional work to define the extent and magnitude of petroleum hydrocarbon plume. The next phase of the project will install monitoring wells to determine the plume delineation by monitoring and reporting the migration of petroleum hydrocarbon in the groundwater. Soil vapor samples and other requested information will be collected and provided to the County. Once the County has determined all requirements have been met, the case will be closed under the State Water Resources Control Board Low -Threat Underground Storage Tank Closure Policy. ni-qri is_qinN The project has been satisfactorily completed in compliance with the plans and specifications. The final construction cost is $309,409, which is $23,802 higher than the original contract price, and within the Council -approved contingencies. The increase in cost was due to adding out of scope work including pavement section repairs, micro -surface pavement treatment, striping, new concrete curb stops, and repairing the gate detection loop at the rear parking lot. FISCAL IMPACT The following are the estimated final project expenditures: Construction $309,409 Construction Inspection & Testing $73,880 Engineering Design & Administration $36,711 Total $420,000 There are adequate funds available in the Facilities Capital Improvement Fund to cover the final project costs. Exhibits: • Resolution • Final Progress Payment • Project Location Map 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME ACCEPTING IMPROVEMENTS — POLICE STATION UNDERGROUND STORAGE TANK (UST) REMOVAL PROJECT, BY PMK CONTRACTORS LLC IN THE AMOUNT OF 309,409 CITY PROJECT NO. 84640 RESOLVED by the CITY COUNCIL of the City of Burlingame, California, which finds, orders, and determines as follows: 1. The Director of Public Works has certified the work done by PMK Contractors, LLC under the terms of its contract with the City dated June 21, 2019, has been completed in accordance with the plans and specifications approved by the City Council and to the satisfaction of the Director of Public Works. 2. Said work is particularly described as City Project No. 84640. 3. Said work is accepted. 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 17tn day of Au ust, 2020, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Meaghan Hassel -Shearer, City Clerk CONTRACTOR: PMK Contractors ADDRESS: 1580 Chabot Court, Second Floor Hayward, CA 94545 TELEPHONE: 510 674-2600 ITEM ITEM DESCRIPTION CITY OF BURLINGAME DATE : July 6, 2020 PAYMENT NO. 3 FOR THE MONTH OF : June 1, 2020 City of Burlingame - Police Station UST Removal Project PURCHASE ORDER # 15228 CITY PROJECT NO. 84640 * ************* * ******** ****** *........ *...... ****** **..I...*/AMOUNT PREVIOUS AMOUNT ******** ******. ******** * ************ * ****** ******...... *********** UNIT BID UNIT BID QUANTITY PRICE : QUANTITY: SIZE AMOUNT TO DATE PAID TO DATE PAID THIS PMT. ................................................................................................................................................................................................... 1 : San Mateo Co. UST Removal Permit $ 4,800.00 1 LS $ 4,800.00 1.0000 : 100.00 % $ 4,800.00 $ 4,800.00 $ - 2 : Stormwater Quality Control Plan and Maintenance $ 4,000.00 1 LS $ 4,000.00 1.0000 : 100.00 % $ 4,000.00 $ 4,000.00 $ 3A : Mobilization/demobilization Gasoline UST $ 8,000.00 1 LS $ 8,000.00 1.0000 : 100.00 % $ 8,000.00 $ 8,000.00 $ - 3B : Mobilization/demobilization Diesel UST $ 8,000.00 1 LS $ 8,000.00 1.0000 : 100.00 % $ 8,000.00 $ 8,000.00 $ - 4 : Excavation Support and Protection $ 36,000.00 1 q LS $ 36,000.00 1.0000 : 100.00 % $ 36,000.00 $ 36,000.00 $ - 5 : Concrete and Asphalt Demolition/Removal $ 11,000.00 1 LS $ 11,000.00 1.0000 : 100.00% $ 11,000.00 $ 11,000 $ - 6 : Concrete/Asphalt Transportation and Disposal $ 48.00 81 Tons $ 3,888.00 81.0000 : 100.00 % $ 3,888.00 $ 3,888 $ 7 : Remove and Dispose of Residual Liquid, Solid or Sludge from both Underground $ 39,600.00 1 $ 39,600.00 1.0000 : 100.00 % $ 39,600.00 $ 39,600 $ - Storage Tanks LS 8 : Excavate and Remove Material Surrounding Gasoline UST $ 17.00 560 CY $ 9,520.00 560.0000 : 100.00 % $ 9,520 $ 9,520 $ - 9 : Excavate and Remove Material Surrounding Diesel UST $ 77.00 65 CY $ 5,005.00 65.0000 100.00 % $ 5,005 $ 5,005 $ 10 : Transportation and Disposal of Excavated Spoils to Class II (Gasoline UST) $ 60.00 1,020 Ton $ 61,200.00 966.5100 : 94.76 % $ 57,991 $ 57,991 $ 11 : Transportation and Disposal of Excavated Spoils Material to Class III (Diesel UST) $ 58.00 120 Ton $ 6,960.00 110.7100 : 92.26 % $ 6,421 $ 6,421 $ - 12 : Excavate and Remove USTs $ 8,000.00 1 LS $ 8,000.00 1.0000 : 100.00 % $ 8,000 $ 8,000 $ 13 : Transportation and Disposal of USTs $ 6,000.00 1 LS $ 6,000.00 1.0000 : 100.00 % $ 6,000 $ 6,000 $ - 14 : Backfill - Class 1 Permeable Material $ 103.00 50 CY $ 5,150.00 0.0000 : 0.00 % $ - $ - $ - 15 : Backfill - Aggregate Base $ 36.00 540 CY $ 19,440.00 540.0000 : 100.00 % $ 19,440 $ 19,440 $ - 16 : 6-inch Aggregate Base Subgrade $ 157.00 42 CY $ 6,594.00 42.0000 : 100.00 % $ 6,594 $ 6,594 $ - 17 :6-inch Asphalt Pavement $ 245.00 90 Tons $ 22,050.00 70.0000: 77.78% $ 17,150 $ 17,150 $ 18 : Allowance for Dewatering including disposal of water $ 16,000.00 1 LS $ 16,000.00 0.0000 : 0.00 % $ $ $ 19 . All work in accordance with the contract documents, except for work included under Bid Times 1 through 20 $ 4,400.00 1 : LS $ 4,400.00 0.8000 : 80.00 % $ 3,520.00 $ 3,520.00 $ PROJECT TOTAL $ 285,607.00 $ 254,928.78 $ 254,929 $ CHANGE ORDERS CCO UNIT CCO UNIT BID QUANTITY % AMOUNT PREVIOUS AMOUNT # : DESCRIPTION PRICE : QUANTITY: SIZE AMOUNT TO DATE .......................................................................................................................................................................................................................................................................................................... PAID TO DATE PAID THIS PMT. 1 : Parking Lot Microsurfacing and Striping $ 54,480.00 1 LS $ 54,480.00 1 100.00 % $ 54,480.00 $ $ 54,480.00 CHANGE ORDERS TOTAL $ 54,480.00 $ 54,480.00 $ $ 54,480.00 DEDUCTIONS: TOTAL DEDUCTIONS $ - $ . : $ . : $ - .......................................................................................................................................................................................................................................................................................................... DATE PREPARED BY: Kevin Okada D 7/14/2020 SUBTOTAL* *********** * *********************** $ 309,408.78 $ 254,928.78 $ 54,480.00 CHECKED BY: APPROVED BY CITY ENGINEER: APPROVED BY CONSULTANT: LESS FIVE (5%) PERCENT RETENTION ................................................. SUBTOTAL WITHOUT DEDUCTIONS AMOUNT DUE FROM CONTRACTOR ......................... ....................... TOTAL THIS PERIOD *********************** ................................................. $ (15,470.44) : $ (12,746.44) : $ (2,724.00) --------------------- : ---------------------------- ----- ---------------------- $ 293,938.34 $ 242,182.34 $ 51,756.00 -------------------------------- ---------------------------- ----------------------------------------- $ 293,938.34 $ 242,182.34 $ 51,756.00 PMK Contractors 1580 Chabot Court, 2nd Floor Hayward, CA 94545-2423 510-674-2600 Bill to: City of Burlingame 501 Primrose Lane Burlingame, CA 94010 Project: Burlingame Police Department Burlingame Police Dept - CO 1 Invoice number: 2860 Invoice date: &3012020 Terms: AIA Our JobID:20015 Application #:1 Period: 06/01 /20 - 06/30/20 Your order #: 1.ORIGINAL CONTRACT SUM ........................................... . 2. Net Change by Change Orders .. ... ..... . .... .. . 3. CONTRACT SUM TO DATE ................... ..... ..... 4. TOTAL COMPLETED AND STORED TO DATE .......... . ............ . . . . . . . . S. RETAINAGE: a.. 5.00 % of Completed Work , , , , 2,724.00 b. 0.00 % of Stored Material . , _ _ _ ........... 0.00 Total retainage ................ .. ........ ..... 6. TOTAL EARNED LESS RETAINAGE .. . .. . ....................... . 7. PREVIOUS CERTIFICATES ............................................ S. CURRENT PAYMENT DUE ..................................... . .. . ... . 9. BALANCE TO FINISH, PLUS RETAINAGE .......................... . . . . . .. . Unpaid previous applications: 54, 480.00 0.00 54,480.00 54, 480.00 2,724.00 51.756.00 0.00 51,756.00 2,724.00 0.00 Due date: 6/30/2020 Total amount due: 51,756.00 m C N sr - ix O u or Vy m t0 a w= $� ZVZ E 3 O aim mc0M O°dU G `m a m o N G 00 oEnm u0goy 2 C E E o uU 2 L C]�m m N,� > O m m r -0 0.1 C m o O x La-mE o�o m a Cry O �Z QLm�L ma a o a_ U G1 �U a3 m U up a R °d a 00 Ada Z � L° M—n N E I C � E ID m u� met °mE>,= U O m 1p N �+ C-6 3� m U) �. 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U In w CLM G N Mn L jr s m co w O rn m cE 2 (7 Z uj Z U o m •5 ra � U 4 9 Z i° CV 0 § k k § § E 0 M § % k § g &�a. kk0 0 1 1 § 0$0 8 tu o 0 0 0 0 Ge u § ■ g q 7 q q 2 2 2 7 § � \ B � § z Q 0 0 0 0 0 & © u � \ \ / u § � § �� CL ■ 3o z 2§ S ® a k§ 2 ■ C \ E 0 0 0 0 0 �k a \oog ■ \ § / k k ■ _j © § CN - - 2 - § ELC$U 20 tt B§E S� ._B. «E MEm�M 8 8 8 8 8 �2-2 M ■§ d d 6 6 ci 2 @ z 0& � U CL § �a IL o $ o 0 8 CD 03 DK $to w� n §> - .2 mI /\ \ I0a � -< D o u © ) j -IS e a k a OR k fw �§ UJ w S %e§ " _ B 2 E w ■ t)_f s E 0 Jkm ) B �) \ ƒ k m 3 z U § sl g § z LL S - n V CONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT NOTICE: THIS DOCUMENT WAIVES THE CLAIMANT'S LIEN, STOP PAYMENT NOTICE, AND PAYMENT BOND RIGHTS EFFECTIVE ON RECEIPT OF PAYMENT. A PERSON SHOULD NOT RELY ON THIS DOCUMENT UNLESS SATISFIED THAT THE CLAIMANT HAS RECEIVED PAYMENT. Identifying Information Name of Claimant. PMK CONTRACTORS Name of Customer. City of Burlingame #20015 Job Location: 1111 Trousdale Rd., Burlingame, CA Owner. City of Burlingame Conditional Waiver and Release This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for labor and service provided, and equipment and material delivered, to the customer on this job. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, unless listed as an Exception below. This document is effective only on the claimant's receipt of payment from the financial institution on which the following check is drawn: Maker of Check. City of Burlingame Amount of Check: $ 51,75&00 Check Payable to. PMK CONTRACTORS Exceptions This document does not affect any of the following: Disputed claims for extras in the amount of; $ Signature Claimant's Signature: Claimant's Title: Office Manager Date of Signature: 07/02/2020 711112 �r �4 •� }i �2- - r l Nr El L 4 X.0 _ `.iy�°•. PROJECT - - _ LOCATION; f pr i Lj a_ p El Fj 1 . >? 4 5URi1NGAME STAFF REPORT AGENDA NO: 8f MEETING DATE: August 17, 2020 To: Honorable Mayor and City Council Date: August 17, 2020 From: Syed Murtuza, Director of Public Works — (650) 558-7230 Subject: Adoption of a Resolution Awarding a Construction Contract to O'Grady Paving, Inc. for the 2020 Street Resurfacing Program in the Amount of $1,493,116, City Project No. 85640 and Authorizing the City Manager to Execute the Construction Contract RECOMMENDATION Staff recommends that the City Council adopt the attached resolution awarding a construction contract to O'Grady Paving, Inc., for the 2020 Street Resurfacing Program in the amount of $1,493,116 and authorizing the City Manager to execute the construction contract. BACKGROUND The 2020 Street Resurfacing Program consists of resurfacing 17 collector and residential streets as well as an asphalt pathway alongside the 2800 block of Easton Drive. The project consists of performing asphalt base -failure repair (digouts), asphalt overlay, striping improvements, and minor concrete repairs for the following streets: 2100 block of Adeline Drive 2700 to 3000 block of Arguello Drive • 1600 block of Escalante Way 2900 to 3100 block of Atwater Drive 1300 block of Benito Avenue • 1800 block of Castaneda Drive • 500 block of Corbitt Drive • 1600 block of Coronado Way • 1600 block of Lassen Way • 1600 block of Marco Polo Way • 1500 block of Drake Avenue • 1500 block of Los Montes Drive • 3100 block Margarita Avenue • 3200 block of Hillside Drive • 2900 block of Dolores Way • Mills Canyon Court • 1600 block of Quesada Way 1 Adoption of Resolution Awarding a Construction Contract to O'Grady Paving, Inc. August 17, 2020 for the 2020 Street Resurfacing Program, City Project 85640 DISCUSSION The Street Resurfacing Project was advertised for construction bids in June and July 2020. The project bids were opened on July 21, 2020. The City received three bid proposals, with bids ranging from $1,493,116 to $1,596,616.61. O'Grady Paving, Inc. is the lowest responsible bidder with its bid amount of $1,493,116, which is 10.6% lower than the engineer's estimate of $1,651,169.75. 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. Staff also recommends that the City Council authorize a 20% construction contingency to take advantage of favorable low bid prices and perform additional resurfacing of streets to reduce the backlog of work. The project construction is scheduled to begin in September 2020 and is expected to be completed by January 2021. Staff will conduct outreach to the residents in the affected areas and work with the contractor to minimize the construction inconvenience to the residents as much as possible. FISCAL IMPACT Estimated Project Expenditures: The following are the estimated project construction expenditures: Construction $ 1,493,116 Construction Inspection and Testing $82,240 Engineering Administration $63,684 Contingencies $310,960 Total $1,950,000 FUNDING AVAILABILITY: There are adequate funds available in the FY 20-21 Street Resurfacing Program budget to complete the project. Exhibits: • Resolution • Bid Summary • Construction Contract • Project Location Map 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AWARDING A CONSTRUCTION CONTRACT TO O'GRADY PAVING, INC. FOR THE 2020 STREET RESURFACING PROGRAM AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSTRUCTION CONTRACT CITY PROJECT NO. 85640 WHEREAS, on June 29, 2020, the City issued a notice inviting bid proposals for the 2020 Street Resurfacing Program, City Project No. 85640; and WHEREAS, on July 21, 2020, all proposals were received and opened before the City Clerk and representatives of the Public Works Department; and WHEREAS, O'Grady Paving, Inc., submitted the lowest responsible bid for the job in the amount of $1,493,116. 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 O'Grady Paving, Inc., for said project in the amount of $1,493,116, and the same hereby 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 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 17t" day of August, 2020, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Meaghan Hassel -Shearer, City Clerk BID SUMMARY 2020 Street Resurfacing Project City Project No. 85640 Bid Opening: July 21, 2020 Interstate Grading & Paving, BASE BID SCHEDULE: 2020 STREET RESURFACING Engineer's Estimate O'Grady Paving, Inc. Inc. G. Bortolotto & Co., Inc. ITEM DESCRIPTION OF ITEM ESTIMATED I UNIT UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST QUANTITY BASE BID SCHEDULE: 1A A.C. Digout Repair 533 TON $ 250.00 $ 133,250.00 $ 255.00 $ 135,915.00 $ 210.00 $ 111,930.00 $ 180.00 $ 95,940.00 1 B Allowance for additional AC Digout Repairs 250 TON $ 250.00 $ 62,500.00 $ 255.00 $ 63,750.00 $ 210.00 $ 52,500.00 $ 180.00 $ 45,000.00 2 Concrete Removal 38 C. Y. $ 180.00 $ 6,840.00 $ 200.00 $ 7,600.00 $ 200.00 $ 7,600.00 $ 205.00 $ 7,790.00 3 Aggregate Base 60 TON $ 90.00 $ 5,400.00 $ 75.00 $ 4,500.00 $ 75.00 $ 4,500.00 $ 84.00 $ 5,040.00 4A Asphal Concrete Leveling and Overlay 5,940 TON $ 130.00 $ 772,200.00 $ 123.00 $ 730,620.00 $ 110.00 $ 653,400.00 $ 126.00 $ 748,440.00 4B Easton Path: Asphalt Concrete Leveling and Overlay 60 TON $ 130.00 $ 7,800.00 $ 275.00 $ 16,500.00 $ 275.00 $ 16,500.00 $ 269.00 $ 16,140.00 5A Cold Plane Asphalt Concrete 2,970 C. Y. $ 85.00 $ 252,450.00 $ 60.00 $ 178,200.00 $ 95.00 $ 282,150.00 $ 105.00 $ 311,850.00 5B Easton Path: Cold Plane Asphalt Concrete 30 C. Y. $ 85.00 $ 2,550.00 $ 300.00 $ 9,000.00 $ 365.00 $ 10,950.00 $ 395.00 $ 11,850.00 6 Adjust Maholes to Grade 22 EACH $ 875.00 $ 19,250.00 $ 800.00 $ 17,600.00 $ 950.00 $ 20,900.00 $ 750.00 $ 16,500.00 7 Adjust and Replace Water Valve Boxes, Lampholes, Monuments and other structures to Grade 127 EACH $ 550.00 $ 69,850.00 $ 400.00 $ 50,800.00 $ 550.00 $ 69,850.00 $ 425.00 $ 53,975.00 8 Type "A" & "AY" (Pavement Markers) 294 EACH $ 9.00 $ 2,646.00 $ 6.00 $ 1,764.00 $ 6.00 $ 1,764.00 $ 5.00 $ 1,470.00 9 Type "D" & Blue (Pavement Markers) 140 EACH $ 15.00 $ 2,100.00 $ 7.00 $ 980.00 $ 7.00 $ 980.00 $ 7.00 $ 980.00 10A 4" Solid and Dashed Line -- Thermoplastic 630 L. F. $ 3.00 $ 1,890.00 $ 1.50 $ 945.00 $ 1.50 $ 945.00 $ 3.25 $ 2,047.50 10B 12" Solid and Dashed Line -- Thermoplastic 2,935 L. F. $ 5.00 $ 14,675.00 $ 6.00 $ 17,610.00 $ 6.00 $ 17,610.00 $ 5.00 $ 14,675.00 11 Thermoplastic Legends and Arrows 629 S. F. $ 6.00 $ 3,774.00 $ 8.00 $ 5,032.00 $ 8.00 $ 5,032.00 $ 6.50 $ 4,088.50 12 Grind Existing Thermoplastic/Paint 1 L. S. $ 6,000.00 $ 6,000.00 $ 3,000.00 $ 3,000.00 $ 3,000.00 $ 3,000.00 $ 8,000.00 $ 8,000.00 13A Remove and Replace Concrete Gurb & Gutter 120 L. F. $ 200.00 $ 24,000.00 $ 110.00 $ 13,200.00 $ 115.00 $ 13,800.00 $ 108.00 $ 12,960.00 13B Concrete Curb Ramp 15 EACH $ 7,000.00 $ 105,000.00 $ 6,500.00 $ 97,500.00 $ 7,000.00 $ 105,000.00 $ 5,807.00 $ 87,105.00 14 Remove and Replace SD Grates with Bicycle Proof Grates 28 EACH $ 2,000.00 $ 56,000.00 $ 750.00 $ 21,000.00 $ 800.00 $ 22,400.00 $ 994.00 $ 27,832.00 15 Engineered Paving Mat 760 S. Y. $ 7.00 $ 5,320.00 $ 10.00 $ 7,600.00 $ 10.00 $ 7,600.00 $ 10.00 $ 7,600.00 16 Mobilization and Demobilization (@ 5%) 1 L. S. $ 77,674.75 $ 77,674.75 $ 40,000.00 $ 40,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 17 Traffic Control and Construction Area Signs 1 L. S. $ 10,000.00 $ 10,000.00 $ 65,000.00 $ 65,000.00 $ 95,000.00 $ 95,000.00 $ 87,333.61 $ 87,333.61 18 Water Pollution Control 1 L. S. $ 10,000.00 $ 10,000.00 $ 5,000.00 $ 5,000.00 $ 1,500.00 Is 1,500.00 $ 5,000.00 Is 5,000.00 TOTAL BASE BID CONSTRUCTION COST rOTAL BASE BID CONSTRUCTION COST $ 1,651,169.75 $ 1,493,116.00 $ 1,529,911.00 $ 1,596,616.61 $ 7,657,769.751 $ 1,493,116.00 $ 1,529,911.00 $ 1,596,616.61 AGREEMENT FOR PUBLIC IMPROVEMENT 2020 STREET RESURFACING PROGRAM CITY PROJECT NO. 85640 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 , a [State of incorporation] [Corporation or other form of business], 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. Scoae of work. Contractor shall perform the work described in those Contract Documents entitled: 2020 STREET RESURFACING PROGRAM, CITY PROJECT NO. 85640. 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 STREET RESURFACING PROGRAM, City Project No. 85640" attached as AGREEMENT-1 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, four hundred ninety-three thousand and one -hundred sixteen dollars ($1,493,116), 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 AGREEMENT-2 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: Craig E. Young Vice President O'Grady Paving, Inc. 2513 Wyandotte Street Mountain View, CA 94043 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. 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 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: Company Name: O'Grady Paving, Inc. AGREEMENT-5 O� CIO \X Y IN BUR D STAFF REPORT AGENDA NO: 8g 4 S15 =W1 MEETING DATE: August 17, 2020 To: Honorable Mayor and City Council Date: August 17, 2020 From: Syed Murtuza, Director of Public Works — (650) 558-7230 Subject: Adoption of a Resolution Approving a $108,985 Professional Services Agreement with AARC Consultants, LLC to Perform the Risk and Resilience Assessment and Prepare the Emergency Response Plan for the City's Potable Water System, City Project No. 86050, and Authorizing the City Manager to Execute the Agreement RECOMMENDATION Staff recommends that the City Council adopt the attached resolution approving a professional services agreement with AARC Consultants, LLC for professional engineering services to perform the risk and resilience Assessment and prepare the emergency response plan for the City's potable water system in the amount of $108,985 and authorizing the City Manager to execute the agreement. BACKGROUND Per the federal mandate issued by the United States Environmental Protection Agency (US EPA), the City of Burlingame is required to develop a risk and resiliency assessment and emergency response plan, defined by section 2013 of the America's Water Infrastructure Act of 2018. The risk and resiliency assessment and emergency response plan will be updated every five years. The risk and resiliency assessment will include an evaluation of the potable water system to assess the risk and resiliency of the system. The assessment at a minimum shall include: • The risk to the system from malevolent acts and natural hazards; • The resilience of the pipes and constructed conveyances, physical barriers, source water, water collection and intake, pretreatment, treatment, storage and distribution facilities, electronics, computers, or other automated systems (including the security of such systems) which are utilized by the system; • The monitoring practices of the system; • The financial infrastructure of the system; • The use, storage, or handling of various chemicals by the system; and • The operation and maintenance of the system. 1 Adoption of a Resolution Approving a Professional Services Agreement with AARC August 17, 2020 Consultants, LLC for the Preparation of Water System Risk and Resilience Assessment & Emergency Response Plan Upon completion of the risk and resiliency assessment, a certification letter must be submitted to the US EPA. No later than six months after certifying completion of the risk and resiliency assessment, an emergency response plan will be prepared that incorporates the findings of the assessment. The emergency response plan at a minimum shall include: • Strategies and resources to improve the resilience of the system, including the physical security and cybersecurity of the system. • Plans and procedures that can be implemented and identification of equipment that can be utilized in the event of a malevolent act or natural hazard that threatens the ability of the community water system to deliver safe drinking water. • Actions, procedures, and equipment which can remove or significantly lessen the impact of a malevolent act or natural hazard on the public health and the safety and supply of drinking water provided to communities and individuals. • Strategies that can be used to aid in the detection of malevolent acts or natural hazards that threaten the security or resilience of the system. Upon completion of the emergency response plan, a certification letter must be submitted to the US EPA in accordance with the mandate. DISCUSSION In May 2020, staff issued a request for proposals (RFP) to seek professional services to perform the risk assessment of the City's potable water system and to prepare an emergency response plan. The City received nine proposals from qualified firms. After a comprehensive review and ranking of the proposals, staff selected AARC Consultants, LLC as the top-ranking firm because of their high understanding of the overall project, proposed project approach, and quality of their proposal. Staff negotiated the scope of professional services for the project with AARC Consultants, LLC in the amount of $108,985. The following is a brief outline of the scope of services, which is described in detail in Exhibit A of the attached professional services agreement. Prepare the risk and resiliency assessment including: • Kick-off meeting; • Data collection including an inventory of critical assets; • Interviews and workshops; • Prepare the risk and resiliency assessment, have a review meeting, and presentation; • Respond to comments; • Finalize risk and resiliency assessment; and • Prepare and submit certification to the US EPA. Prepare the emergency response plan including: • Review of existing emergency response plans; 2 Adoption of a Resolution Approving a Professional Services Agreement with AARC August 17, 2020 Consultants, LLC for the Preparation of Water System Risk and Resilience Assessment & Emergency Response Plan • Meeting and interviews; • Prepare the emergency response plan and conduct a review meeting; • Respond to comments and finalize the emergency response plan; and • Provide certification to US EPA. The project is anticipated to begin in September of 2020 and be completed by December 2021. FISCAL IMPACT The following are the estimated costs relative to the project development: Consultant Services $108,985 Contingency (15%) $16,348 Engineering Administration $24,667 Total $150,000 There are adequate funds available in the FY2020-21 water capital improvements budget to complete the project. Exhibits: • Resolution • Professional Services Agreement 3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH AARC CONSULTANTS, LLC TO PERFORM THE RISK AND RESILIENCE ASSESSMENT AND PREPARE THE EMERGENCY RESPONSE PLAN FOR THE CITY'S POTABLE WATER SYSTEM AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT CITY PROJECT NO. 86050 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 17'h day of Au ust, 2020 and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Meaghan Hassel -Shearer, City Clerk AGREEMENT FOR PROFESSIONAL REGULATORY COMPLIANCE CONSULTING SERVICES WITH AARC CONSULTANTS, LLC FOR THE AMERICAN WATER INFRASTRUCTURE ACT (AWIA) RISK & RESILIENCE ASSESSMENT AND EMERGENCY RESPONSE PLAN CITY PROJECT NO. 86050 THIS AGREEMENT is entered into this day of , 2020, by and between the City of Burlingame, State of California, herein called the "City", and AARC CONSULTANTS, LLC engaged in providing PROFESSIONAL REGULATORY COMPLIANCE CONSULTING services herein called the "Consultant". RECITALS A. The City is considering conducting activities for consultant engineering services for regulatory compliance consulting services for the AWIA Risk & Resilience Assessment and Emergency Response Plan, City Project No. 86050. B. The City desires to engage a professional engineering consultant to provide regulatory compliance consulting services because of Consultant's experience and qualifications to perform the desired work, described in Exhibit A. C. The Consultant represents and affirms that it is qualified and willing to perform the desired work pursuant to this Agreement. AGREEMENTS NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Scope of Services. The Consultant shall provide professional engineering services such as schedule and coordinate meetings with City staff, collect pertinent data, provide a preliminary list of critical assets, draft Risk and Resilience Assessment (RRA), review existing City plans, draft Emergency Response Plan (ERP), respond to comments and incorporate comments into final document, provide letter of certification of the RRA & ERP to the Environmental Protection Agency (EPA), and as detailed in "Scope of Services" of the attached Exhibit A of this agreement. Page 1 of 8 2. Time of Performance. The services of the Consultant are to commence upon the execution of this Agreement with completion of all work by June 30, 2022. 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 $108,985.00; and payment shall be based upon City approval of each task. Billing shall include current period and cumulative expenditures to date and shall be accompanied by a detailed explanation of the work performed by whom at Page 2 of 8 what rate and on what date. Also, plans, specifications, documents or other pertinent materials shall be submitted for City review, even if only in partial or draft form. 7. Availability of Records. Consultant shall maintain the records supporting this billing for not less than three (3) years following completion of the work under this Agreement. Consultant shall make these records available to authorized personnel of the City at the Consultant's offices during business hours upon written request of the City. 8. Project Manager. The Project Manager for the Consultant for the work under this Agreement shall be Scott Thomas, Vice President, Resiliency, Sustainability, and Emergency Planning. 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, P.E., Senior Civil Engineer City of Burlingame 501 Primrose Road Burlingame, CA 94010 To Consultant: Scott Thomas, Vice President, Resiliency, Sustainability, and Emergency Planning AARC Consultants, LLC. 980 9t" Street Sacramento, CA 95814 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 Page 3 of 8 other benefits which accrue to City employee(s). With prior written consent, the Consultant may perform some obligations under this Agreement by subcontracting, but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement. Consultant agrees to testify in any litigation brought regarding the subject of the work to be performed under this Agreement. Consultant shall be compensated for its costs and expenses in preparing for, traveling to, and testifying in such matters at its then current hourly rates of compensation, unless such litigation is brought by Consultant or is based on allegations of Consultant's negligent performance or wrongdoing. 12. Conflict of Interest. Consultant understands that its professional responsibilities is solely to the City. The Consultant has and shall not obtain any holding or interest within the City of Burlingame. Consultant has no business holdings or 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. Page 4 of 8 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 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 Page 5 of 8 acts of subcontractors. This requirement does not apply to the professional liability insurance required for professional errors and omissions. ii. The Consultant's insurance coverage shall be endorsed to be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self -insurances maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 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 Page 6 of 8 and endorsements are to be on forms approved by the City. All certificates and endorsements are to be received and approved by the City before any work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 15. Indemnification. To the fullest extent permitted by law, Consultant shall save, keep and hold harmless indemnify and defend the City, its officers, employees, authorized agents and volunteers from all damages, liabilities, penalties, costs, or expenses in law or equity, including but not limited to attorneys' fees, that may at any time arise, result from, relate to, or be set up because of damages to property or personal injury received by reason of, or in the course of performing work which 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. Page 7 of 8 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. IN WITNESS WHEREOF, the City and Consultant have executed this Agreement as of the date indicated on page one (1). City of Burlingame Lisa K. Goldman City Manager Approved as to form: City Attorney — Kathleen Kane ATTEST: City Clerk - Meaghan Hassel -Shearer "Consultant" AARC Consultants, LLC Print Name: Title: Page 8 of 8 ! 0 0 CITY OF BURLINGAME, CALIFORNIA CITY PROJECT NO. 86050 PROPOSAL FOR AWIA RISK & RESILIENCE ASSESSMENT AND EMERGENCY RESPONSE PLAN June 26, 2020 AARC Consultants 980 9th Street, Sacramento, California 95814 Tel: (916) 822-6823 • Fax: (833) 771-AARC EXHIBIT A TABLE OF CONTENTS LETTER OF TRANSMITTAL & FIRM BACKGROUND................................................................................................1 PROPOSED WORK PLAN AND APPROACH.............................................................................................................3 KEY PERSONNEL BACKGROUND AND RESUMES..................................................................................................9 FIRM EXPERIENCE WITH RISK & RESILIENCE ASSESSMENTS AND EMERGENCY RESPONSE PLANS ........ 17 REFERENCES............................................................................................................................................................19 PROJECT SCHEDULE...............................................................................................................................................19 EXHIBIT A Regional Offices: Escondido, CA (442) 237-4906 Los Angeles, CA (213) 553-9309 Sacramento, CA (916)822-6823 Austin, TX (512)-236-1110 Brownsville, TX (956) 338- 2070 Dallas, TX (214)388-2272 EI Paso, TX (915) 533-2272 McAllen, TX (956)682-6898 San Antonio, TX (210)444-2272 Tallahassee, FL (850)297-2272 Tampa, FL (813)249-2272 Atlanta, GA (404)-443-4571 Baton Rouge, LA (225)406-7400 Charlotte, NC (704)-972-2272 Chicago, IL (312)210-7264 Denver, CO (833)493-2272 Lansing, MI (517)657-5666 Lexington KY (859) 407-5990 New York, NY (212) 567-2272 Portland, OR (971) 339-4555 Seattle, WA (206)260-0012 Washington, D.C. (202)584-2272 Wichita, KS (316)618-9130 AM C o n s u I t a n t s, L L C 06/26/2020 Kevin Okada, PE, Senior Civil Engineer City of Burlingame 501 Primrose Road Burlingame, California 94010 RE: City Project No. 86050 - Proposal for Risk & Resilience Assessment Emergency Response Plan Mr. Okada: The AARC Team stands ready to provide professional services to support the City of Burlingame (the City) as it complies with the America's Water Infrastructure Act (AWIA) requirements for a Risk and Resilience Assessment (RRA) and Emergency Response Plan (ERP). Improving water infrastructure resilience requires specialized knowledge and experience through consultants who know the local, regional, and state water environment, system risks and constraints, and options available for building a realistic, sustainable, and resilient water future. This proposal will demonstrate that the AARC team is well -qualified and meets all of the AWIA project criteria. Unique and authoritative qualifications for AWIA compliance: • In addition to 14 AWIA projects (seven in California), AARC's Principal -in -Charge Dr Scott Thomas has performed water system resilience analyses at 13 military installations in California, focusing on on -base and off -base water resources and infrastructure, including potential effects of drought and changing climate. • AARC's Senior RRA Manager Dr. Jerry Brashear has personally authored and revised water infrastructure standards since 2005, including J100, all -hazard Risk Analysis & Management for Critical Asset Protection (RAMCAP) and many of the critical AWIA standards and documents referenced in this proposal. Other AARC team members have direct experience in RRA and Homeland Security matters at sensitive infrastructures, including municipal facilities, ports and harbors, food preparation and chemical factories, airports, and other critical infrastructure. • AARC is around the corner and around the state in the Cities of Redwood City, Santa Clara, Sacramento, Escondido, Fresno, City of Industry, and Los Angeles, as well as the Rancho Water District (Temecula CA) the Western Municipal Water District (Riverside CA) and the Sweetwater Authority (San Diego CA). Based upon our experience, local knowledge, and track record of success in planning for water resource resilience and sustainability, AARC has the best -qualified firm to provide the professional civil engineering services required by the City. Please contact me at (916) 822-6823 if you have any questions during your review of our proposal. Sincerely, n ` E r � •J C-'L � t�ix���. - Scott Thomas, PhD, Principal Scientist Vice President, Resiliency, Sustainability, and Emergency Planning Regional Office: 980 9th Street, Sacramento, California 95814 - Tel: (916) 822-6823 - Fax: (833) 771-AARC Corporate Office: 2000 W Sam Houston Parkway S, Ste. 850, Houston, Texas 77042 • Tel: (713) 974-AARC • Fax: (713) 339-AARC EXHIBIT A FIRM BACKGROUND AARC Environmental Inc. has been in business for 26 years. AARC Consultants, LLC (AARC) emerged from the parent company in 2012 as a Woman -Owned and Minority - Owned Small Business Enterprise. AARC frequently employs MWBE subcontractors in California. AARC's mission is to assist organizations become more sustainable over the long term and build resilience to disruption into their systems. Services include 3rd party auditing; risk management consulting; water sector engineering; physical and cybersecurity consulting; regulatory compliance; disaster preparedness and business continuity; and planning support for municipalities, water and energy utilities, and federal installations. AARC is registered with the Secretary of State to conduct business in California and is registered with the California Department of Industrial Relations (PW-LR-1000463888). AARC does not anticipate any changes of ownership or control. AARC is not part of any pending or current litigation related to services provided by the firm. AARC has not terminated any contracts in its history. Team personnel currently have 30% to 60% of their combined monthly time available to the City of Burlingame. Weekly availability of individual team members is indicated on their resumes. Work on this project will be provided from AARC's Sacramento California office, with support as needed from personnel nationwide. AARC's point of contact for this proposal is Dr. Scott Thomas, Principal Scientist, who can be reached at: 980 9t" Street Sacramento, California 95814 Tel: (916) 822-6823 Fax: (833) 771-AARC sthomas@aarcgroup.com 100 % 90% $0% 70% 60 % 50 % 40 % 30% 20% 10% 0% IN Mwk by the numbers... Professional Legacy EhL Current AW IN. Wed 1 7 Personnel 26 Years in Business Risk and Resilience Assessment Experience 0+ Gap Analyses Marine Port •7�+ Security Plans LL FChemical Facility �0+ Anti -Terrorism Plans Emergency Response Planning Experience BusinessIn3 Continuity Plan Wildfire Resrse Plans I Table Top Exercises. a C Claims Management U Plans 30% July JWF!eld Exercises Combined Availability of Team Personnel Per Month 2020 August September October November ■ Committed Available AMMYour Partner in Managing Risk and Resilience. Page 2 C o n s u I t a n t s. L L C EXHIBIT A PROPOSED WORK PLAN AND APPROACH PROJECT UNDERSTANDING AARC understands that the City of Burlingame, with an approximate population of 30,500, is located approximately 15 miles south of the City of San Francisco. The City is bordered by the City of Millbrae directly to the north, the City of San Mateo to the southeast, the Town of Hillsborough to the south, the City of San Francisco watershed lands to the west, and San Francisco Bay to the east. The City's potable water system serves approximately 9,160 connections, both within the City limits and in the unincorporated Burlingame Hills area. The City purchases all of its potable water from the San Francisco Public Utilities Commission through six metered connections. The City maintains six booster pump stations and seven storage tanks, with emergency interties with Millbrae and Hillsborough. The City's customers are mostly residential with a broad cross- section of office, commercial, and industrial businesses. ► AARC understands that the City of Burlingame has unique physical and geographical conditions that will require a customized Risk & Resilience Assessment by June 30, 2021, and a customized Emergency Response Plan by December 31, 2021. AARC will closely follow the ANSI/AWWA J100-10 (R13) Methodology for Risk Analysis and Management for Critical Asset Protection (RAMCAP) Standard, originally authored by AARC team member Dr. Jerry Brashear. The seven - step RAMCAP J100 process is designed to efficiently focus on what is most important for the utility to manage. After initial steps to understand the utilities' assets, identify those most critical, and characterize the threats faced by these most critical assets, the City and AARC will rank the highest priority threat -assets pairs to focus the RRA on the most significant threat -asset combinations. AARC will work with City to identify and quantify the worst reasonable consequences that can be caused by specific threats on the assets identified and carried forward for analysis. In the Vulnerability Analysis, AARC will evaluate how well each critical asset (and its protective systems) withstands each specified threat. In the Threat Analysis, AARC will perform an estimate of the likelihood (and frequency) that the hazards, whether human or natural, will occur. The Risk Analysis is performed to calculate the level of risk in clearly quantified terms where Risk = Consequences x Vulnerability x Threat Likelihood. The Resilience Analysis is performed to calculate how resilient the utility is systemically and how resilient select assets are to specified threats. The Seven -Step J100 Process 1) Asset Characterization What assets do I have and which are critical? 2) Threat Characterization I --I What threats and hazards should I consider? 3] Consequence Analysis What happens to my assets if a threat or hazard happens? How much money lost, how many lives lost, how many injuries? 4) Vulnerability Analysis What are my vulnerabilities that would allow a threat or hazard to cause these consequences? 5] Threat Analysis What is the likelihood that a terrorist, natural hazard, or dependencylproximity hazard will strike my facility? What is my risk and resilience? 6] Risk/Resilience Analysis Risk = Consequence x Vulnerability x Threat Likelihood Resilience = Service Outage x Vulnerability x Threat Likelihood --- T) RisklResilience Management What options do I have to reduce risks and increase resilience? How much will each benefit in reduced risks and increased resilience? How much will it cost? What is the benefit -cost ratio of my options? ARMYour Partner in Managing Risk and Resilience. Page 3 C o n s u I t a n t s. L L C EXHIBIT A DESCRIPTION OF APPROACH Our approach for performing this work can be summarized in simple terms: • Provide clear and consistent communication to manage the project proactively. • Assess systemic and asset Risk & Resilience and align the findings with the Emergency Response Plan. • Leverage innovative technology. • Employ the AARC QA/QC process. • Safeguard City data and critical system processes. As a starting point, AARC will conduct the RRA and develop the ERP using the following standards and reference materials: • EPA Water System Emergency Response Plan Template. 2020. EPA Guidelines • EPA Develop and Conduct a Water Resilience Tabletop Exercise with Water Utilities. 2020. • EPA Community Water System Emergency Response Plan Template and Instructions, 2019. • EPA 817-K-19-001. Baseline Information on Malevolent Acts for Community Water Systems. 2019. • EPA 816-B-19-003. Community Water System Emergency Response Plan. 2019. • EPA Effective Utility Management: Primer for Water and Wastewater Utilities Best Practice Guide. 2018. • AWWA Water Sector Cybersecurity Risk and Management Guidance. 2019. American Water • AWWA Water Sector Resource Typing Guidance. 2019. Works • AWWA M19. Emergency Planning for Water and Wastewater Utilities, 5th Ed. Denver, CO. 2018. Association . AWWA Process Control System Security Guidance for the Water Sector. 2017. (AWWA) . AWWA G430-14. Security Practices for Operation and Management. Denver, CO. 2014. Guidelines • AWWA Utilities Helping Utilities: An Action Plan for Mutual Aid and Assistance Networks for Water and Wastewater Utilities. 2014. • AWWA J100-10 (R13). Risk and Resilience Management of Water and Wastewater Systems RAMCAP . Denver, CO. 2013. Update by AARC's Dr. Brashear and others due out shortly. National Institute • NIST Framework for Improving Critical Infrastructure Cyber security. 2018. of Standards and • NIST SP 800-184, Guide for Cybersecurity Event Recovery, December 2016. Technology • NIST SP 800-82 Rev 2, Guide to Industrial Control Systems (ICS) Security, May 2015. (NIST) • NIST SP 800-53 Rev 4, Recommended Security and Privacy Controls for Federal Information Guidelines Systems and Organizations, April 2013. Federal • FEMA Local Mitigation Planning Handbook. 2013. Emergency • FEMA Comprehensive Preparedness Guide (CPG) 101, Version 2.0, 2010. Management • FEMA P-64 Federal Guidelines for Emergency Action Planning for Dams. Agency • ANSI/AWWA G440-17 Emergency Preparedness Practices. Denver, CO. 2017. ANSI Guidelines • ANSI/AWWA G300 Source Water Protection Operational Guide. Denver, CO. 2017. • ANSI/ISA-62443-2-1 Security for Industrial Automation and Control Systems: Establishing an Industrial Automation and Control Systems Security Program. AARC proposes to support the City by completing this work in two Tasks: • Task 'i entails performing the RRA and updating existing information regarding system risk and vulnerability. The City's RRA will be conducted using the AWWA J100-10 Risk and Resilience Management of Water and Wastewater Systems methodology, originally authored by AARC Team member Dr. Jerry Brashear. • Task 2 entails developing or updating the City's existing ERP by incorporating strategies and procedures that build on the RRA Findings and Recommendations. The Team will work with City staff and relevant local emergency planning agencies to produce strategies to aid in the detection of malevolent acts or natural hazards that threaten the security or resilience of the City's water systems. AMMYour Partner in Managing Risk and Resilience. Page 4 C o n s u I t a n t s. L L C EXHIBIT A TASK 1 — RISK AND RESILIENCE ASSESSMENT ► AARC recognizes that the City of Burlingame has unique physical and geographical conditions that will require a customized Risk & Resilience Assessment. AARC will request from the City the data and information necessary to perform the RRA and develop the ERP, which may include documentation such as the following: Vulnerability Assessments (physical and/or cyber) Programs/Emergency Response Contract Plans Standard Operating Procedures SOPs Hazard Mitigation Plans Emergency Operations Plan (EOP) and/or Continuity of Operations Plans COOP Emergency Operation Center Procedures and Building Evacuation and Damage Assessment Procedures Emergency Action Plans Recovery Plans Water Master Plans Water Outage Emergency Drinking Water Plans Capital Improvement Master Plans Water Reliability Studies; Urban Water Management Plans Financial and Administrative Policies DHS Protected Critical Infrastructure Information Audit Reports Reserve Policies Cybersecurity Assessment of IT Networks Financial Audit Findings Cybersecurity Assessment of SCADA Networks Procurement Policies Division of Drinking Water Emergency Notification Plan The RRA will address all elements required by the AWIA, including: • Risk to the system from malevolent acts, including physical and cyber intrusion. • Risk to the system from natural hazards. • Dependency hazards, including utility interruptions (power outages, communications outages), supply chain, employee staffing issues (illness, strike), customers, transportation, proximity, etc. • Risk to the system from unintentional human -caused risks, (hazardous chemical spills, incorrect system operation, network security gaps or failures, critical component failure) • The resilience of the SCADA system and all automated systems (including cyber security). • Resilience of the pipes and constructed conveyances, physical barriers, source water, water collection and intake, pretreatment, treatment, storage and distribution facilities, electronic, computer, or other automated systems (including system security). • Monitoring practices of the potable water system. • Financial infrastructure assessment. • The use, storage, or handling of various chemicals by the system. • Operation and maintenance of the systems. • Sufficiency of Monitoring practices. AARC will interview City staff and conduct several meetings and workshops. This task can be performed online if necessary, depending upon current COVID-19 social distancing requirements. ► In -person field assessments of City facilities will observe health guidelines implemented by the Centers for Disease Control and Prevention (CDC) and local health departments. It is anticipated that a maximum of one City employee and a maximum of two AARC representatives, arriving in separate vehicles, would attend the assessment. Appropriate personal hygiene, social distancing, and other recommendations of the City, the local health departments, and the CDC will be observed. Risk Analysis Software AARC employs a number of tools for performing the RRA analysis. The AARC Team uses its proprietary AARC Risk and Resilience Analytic Tool (ARRT). AARC also has experience with the non-proprietary, USEPA-developed Vulnerability Self -Assessment Tool (VSAT) and the proprietary Program to Assist Risk and Resilience Examination (PARRE). AMMYour Partner in Managing Risk and Resilience. Page 5 C o n s u I t a n t s. L L C EXHIBIT A VSAT Web 2.0 is an "approachable" tool designed for non -specialists evaluations to remain compliant with AWIA, required every five years be discussed with City staff. _ The more sophisticated Program to Assist Risk and Resilience Examination (PARRE) is a proprietary software package with yearly fees (—$500/user/year) and a steeper learning curve. Proprietary tools have valuable features; however, they require ongoing investment of time and money as well as specialized knowledge to employ in managing risk and resilience. ARRT is more flexible, customized, and client -oriented than VSAT and PARRE, and this option will be recommended to the City. In performing the assessment, the AARC team and City staff will discuss and confirm, by consensus, critical assets and a representative subset of assets selected for the system RRA. The AARC Team will also lead a Threat -Asset and Consequence -Vulnerability Workshop during this period as part of the J100 process and will provide an out -brief to management to present a summary of findings from the site visit and discuss next steps. These workshops will be held remotely if necessary. In addition to the workshops and interviews, AARC will perform a field assessment of the City's water system infrastructure to identify potential all -hazards risks, inform the J100 analysis, and enable development of meaningful risk mitigation measures. VSAT would enable City staff to perform self - However, VSAT has certain limitations that will TOOL SELECTION OPTIONS AARC Risk and Resilience Analytic Tool (ARRT) Vulnerability Self -Assessment Tool (VSAT) Program to Assist Risk and Resilience Examination (PARRE) AARC developed the RRA Tool as a transparent, readily understandable and universally useable tool for assessing utility risk and weighing risk mitigation choices. AARC is able to expand upon the capabilities of either ARRT, VSAT, or PARRE by including queries based upon the Resilience Attributes Framework developed by AARC Principal Scientist Dr. Scott Thomas. This approach proved useful for the US Army and was featured in a recent Argonne National Laboratory report. It is easy to employ by non -specialists and therefore easy to use in RRA updates which must be conducted every five years. Upon selection of the appropriate analysis tool in coordination with the City, AARC will use the tool to identify and document threats that present the highest risks to water facilities, as well as to evaluate costs and benefits of countermeasures to reduce those risks. The AARC Team will write the Draft RRA. Progress updates will be conducted with City staff to discuss interim risk analysis results, consequence analysis, preliminary data reports, and findings and recommendations as the Draft RRA is being developed. The Draft RRA will be transmitted securely to the City for review and comment. Meetings will be conducted to present the Draft RRA and review comments. The AARC Team will prepare written responses to all reviewer comments on draft deliverables and will not incorporate our responses into the next iteration unless the City has indicated that our response is acceptable and appropriately addresses the review comments. ► Deliverables: Kickoff Meeting; Preliminary List of Critical Assets; Interviews and Workshops; Draft RRA; Review Meeting and Presentation; Response to Comments; Final RRA. AMMYour Partner in Managing Risk and Resilience. Page 6 C o n s u I t a n t s. L L C EXHIBIT A TASK 2 — EMERGENCY RESPONSE PLAN ► AARC recognizes that the City of Burlingame has unique physical, geographical, and geological conditions that will require a customized Emergency Response Plan. AARC will review the City's overall emergency preparedness, response and recovery policies and procedures, training and exercise plans, equipment lists, alternative water source information, community emergency operations plans, and Mutual Aid agreements. AARC will reach out to the appropriate local emergency planning agencies and schedule SkypelMicrosoft Teams meetings to discuss documented ERP approaches. According to the U.S. Geological Survey Fact Sheet 2016 (3020), there is a 72% probability (or likelihood) of at least one earthquake of magnitude 6.7 or greater striking somewhere in the San Francisco Bay area before 2043. ► If deemed necessary, AARC is able to draw upon our existing relationship with a thoroughly experienced West Coast seismic sub -consultant to enhance the City's ERP. AARC will conduct a Gap Analysis of the City's all -hazard preparedness. The Analysis will focus on what is missing or outdated, and what needs to be developed, utilizing the RRA findings, other documentation and recommendations from EPA's ERP Template. The benefits and costs for recommended risk mitigation measures from the RRA will be analyzed to develop recommended solution sets for risk reduction and emergency preparedness. The local emergency planning agencies will be briefed on releasable portions of the RRA findings and recommendations and ERP elements and asked for their input. AARC will develop a customized ERP for the City which will include: • Strategies and resources to improve the resilience of the system, including the physical security and cybersecurity of the systems. • Plans and procedures that can be implemented, and identification of equipment that can be utilized, in the event of a malevolent act, proximity hazard or natural hazard that threatens the ability of the City to deliver safe drinking water. • Actions, procedures and equipment which can obviate or significantly lessen the impact of a malevolent act, proximity hazard or natural hazard on the public health and the safety and supply of drinking water provided to customers. • Strategies that can be used to aid in the detection of malevolent acts, proximity hazards, or natural hazards that threaten the security or resilience of the systems. The City will review and comment on the Draft ERP. The AARC Team will make requested changes and edits to address comments and produce the Final ERP. The AARC Team will prepare written responses to all reviewer comments and will not incorporate our responses into the Final ERP until the City has indicated in writing that our response is acceptable and appropriately addresses the review comments. ► Deliverables: Meetings and Interviews; Draft ERP; Response to Comments; Review Meeting and Presentation; Final ERP. PROJECT MANAGEMENT Communication with the City Clear and open lines of communication are essential to successful projects and have a major impact on project efficiency, cost control, and timeliness. Documents will be maintained and shared via a secure SharePoint system to disseminate key information and facilitate shared work and version control. The Project Manager will regularly update City staff with reports detailing team management, project coordination, regulatory compliance, submittals and deliverables, budgeting and invoicing. AMMYour Partner in Managing Risk and Resilience. Page 7 C o n s u I t a n t s. L L C EXHIBIT A Cost and Schedule Control Cost control begins early in the project. It is important to ensure that City objectives and expectations are clear and communicated to the team members. AARC ensures that senior technical experts are involved in the process early to evaluated expectations about what is feasible given budget, staffing, and time constraints. AARC thoroughly understands the project life -cycle and critical paths associated with State and AWIA requirements. Early involvement of the technical staff ensures that project objectives and constraints are incorporated into and carried through the project planning and implementation processes. It also helps managers establish appropriate milestones and anticipate potential challenges. In addition, AARC is able to offer a five-year service agreement for the RRA and the ERP, including maintenance visits twice per year. This approach can also be customized to include any training or update tasks needed by the City. It can also be structured to provide bridge financing until other funding sources are secured. Details of this arrangement can be discussed with the AARC Project Manager. Data Security AARC's computing infrastructure is geared towards Security as the core of its operations, utilizing a full spread of System -level, Network -level, and Organization -level planned and managed enterprise -class software and hardware solutions. Cybersecurity is built from the ground up with anti -virus, encrypted firewalls and VPNs, well-defined password policies, and security training for everyone within the organization. These are the measures taken for the hardware and software levels: • All hardware is tightly controlled with remote monitoring and system wipe implementations as needed. Project laptops and desktops have Multi -Factor Authentication utilizing a complex password, pushed authentication to mobile devices, and Biometric Authentication. These methods secure data beyond the simple password layer. • Project data are provisioned on the Microsoft SharePoint Online platform. Client data can only be accessed via a secured terminal server within an isolated Microsoft Azure environment, ensuring confidentiality. Quality Assurance / Quality Control The AARC PM will ensure that stringent quality procedures are performed. QA/QC also incorporates a general review of personnel to ensure an acceptable level of expertise is maintained for quality products. Deliverables prepared under this contract will be subjected to three levels of review: Level 1: Deliverables will undergo a detailed review by the PM and Technical Leads to ensure that the documents are technically accurate, consistent, clear, and actionable. Level 2: Deliverables will be reviewed by the Technical Editor for grammar, clarity, and formatting. Level 3: Deliverables will be reviewed by the Principal in Charge for overall quality prior to submission. The Project Manager will conduct periodic meetings with City staff (in -person and conference call or webinar) to review project status, discuss analysis results, and plan next steps. AARC will continuously check in with the US EPA for any AWIA requirement changes or updates and will utilize any such information to complete the RRA and ERP. Overall project management will ensure all tasks are fully completed and within the allocated budget and timeframe. ... DID YOU KNOW? "Each community water system serving more than 3,300 persons must review its Risk and Resilience Assessment at least once every five years to determine if it should be revised." https://www.epa.gov/waterresiIience/americas-water-infrastructure-act-risk-assessments-and-emergency-response-plans ► AARC is committed to long-term Quality Assurance and Quality Control for the City of Burlingame. AMMYour Partner in Managing Risk and Resilience. Page 8 C o n s u I t a n t s. L L C EXHIBIT A KEY PERSONNEL BACKGROUND AND RESUMES TEAM QUALIFICATIONS & ORGANIZATION • All Team members have AWWA Utility Risk and Resilience Certification. • In addition to 14 AWIA projects, AARC Principal in Charge Dr. Scott Thomas has performed water sector resilience analyses at 13 military installations in California, focusing upon on -base and off -base water resources and infrastructure, including potential effects of drought and changing climate. • AARC Project Manager / Senior Analyst Jeff Cooley has experience on 10 AWIA projects and more than 25 years of experience in California managing water systems, major capital improvement projects, and incident response (logistics and planning roles) from his service with CalFire. • AARC Senior RRA Manager Dr. Jerry Brashear has personally authored and revised water infrastructure standards since 2005, including J100, all -hazard Risk Analysis & Management for Critical Asset Protection (RAMCAP) and many of the critical AWIA standards and documents referenced in this proposal. • Other AARC team members have direct experience in RRA, ERP, and Homeland Security matters for municipal facilities, ports and harbors, food preparation and chemical factories, airports, and other critical infrastructure. • The Team includes a mix of senior, mid -level, and junior staff to maximize value. Pacia Diaz, PhD Assistant Project Managed Senior Engineer Jerry Brashear, PhD Senior Manager, Risk and Resilience Assessment Project Liaison Administrative SURLINGAME I Scott Thomas, PhD Principal Scientist in Charge Jeff Cooley Project Manager Joseph McCroy Senior cybersecurity Specialist I Senior Physical securiRy specia st Daniel Widger Lead Cybersectirity Specious! Staff Risk and Resilience Analysts _ J100 Analysis ' Data Security System Pacia Diaz, PhD Senior Emergency Response Planner Ob Bob Kaminky Emergency Response Planner Stephen Baruch, D. Env. Senior Emergency Response Advisor Staff Emergency Response Planners Financial Risk Database Management Technical Editor David A uchler, PhD Graphics 9 JWMYour Partner in Managing Risk and Resilience. Page 9 C o n s u I t a n t s. L L C EXHIBIT A SUPPORT ORGANIZATION AND STAFF AVAILABILITY AARC's "Deep Bench" staffing strategy ensures that key personnel will be committed for the duration of this project. As necessary, they are backed by local and nationwide specialists in facility auditing, civil engineering, risk assessment, resilience analysis, and emergency response planning. Proposed team personnel currently have 30% to 60% of their combined monthly time available to the City. Individual weekly availability is indicated on team resumes. 1:7:01T,11*1 Scott Thomas. PhD — Principal Scientist in Charge --• aNp�N� . �...,y-...rgards ��NCH S rA�F'Nc ■fir Dr. Scott Thomas is a water resources scientist with more than 25 years of experience in the water sector, including 13 years of experience performing resiliency assessments for utilities r r4l 1 and critical infrastructure. He was an officer in the United States Marine Corps for 20 years, retiring as a Lieutenant Colonel. He served as Director of Water Resources for four years at Marine Corps Base Camp Pendleton in California and as an Environmental Officer for nine 11111�jlkjh years at three military bases in California. He also currently serves as an adjunct professor at the University of Denver and the Desert Research Institute. Education- • PhD, Environmental Science and Public Policy, George Mason University • MA, Business and Management, Webster University • BA, History, Hampden -Sydney College Specialized Training and Certifications: • AWWA Utility Risk and Resilience Certificate • EPA Hazardous Materials Incident Management Response Operations • Terrorism Counteraction (USMC) • Health and Environmental Risk Communication • EPCRA and TRI • CA Hazardous Materials Technician 1A, 1B, 1C (120 hrs) • Hazardous Material First Responder Operations Relevant Experience Highlights: • Principal in Charge for 14 AWIA projects: City of Redwood City, CA, City of Fresno CA, City of Santa Clara CA, Rancho California Water District CA, Western Municipal Water District CA, Sweetwater Authority CA, City of Merced CA, Parker Water District CO, City of Orem UT, Brownsville Public Utilities TX, City of Laredo TX, San Patricio Municipal Water District TX, City of Wichita KS, and Cleveland County Water NC. ARW Your Partner in Managing Risk and Resilience. Page 10 C o n s u I t a n t a. L L C EXHIBIT A • Analysis of water system vulnerability and resilience for eight Marine Corps installations in California. • Developed innovative methodology to assess water and energy resilience of Army combat outposts in Afghanistan. • Water source, resilience, and sustainability evaluation of five military installations in the Mojave Desert. • Resilience planning support to six million customers of Santa Ana Watershed Project Authority in California. • Facilitator for the Santa Margarita River Watershed Executive Management Team and Stakeholder Advisory Group for the U.S. Bureau of Reclamation. Performed Threats Analysis for the watershed. • Project Manager, Stream Flow Measurement/Monitoring and Gauge Maintenance MATOC, U.S. Corps of Engineers, Sacramento District, CA. Jeff Cooley —Project Manager Jeff Cooley has more than 26 years of experience in the direction, operations and management of water and wastewater utilities, utility projects, and staff, as well as wide- ranging knowledge of current and proposed EPA regulations and permitting processes. He has served as project manager/liaison for numerous utility capital improvement projects and ~� has managed multi -million -dollar utility budgets. He has experience in strategic planning, capacity development, SCADA master planning, and long-term CIP planning. His ability to interpret and implement operational analysis solutions enables him to assist utilities in achieving permit compliance and meeting or exceeding drinking water standards. He has administered successful public outreach campaigns to gain public confidence in utility projects and rate increases. Additionally, he is skillful in developing security and emergency response plans for utilities. Education: • BS, Environmental Resource Management, California State University, Bakersfield • Bachelor of Accounting and Finance, Delta State University • AA, Business Administration and Management, Mississippi Gulf Coast Community College Certifications: • CA Wastewater Treatment Plant Operator Grade IV • AWWA Risk and Resiliency Certificate • CA Water Treatment Operator Grade III • Associate Water Asset Manager (AWAM) • Trainer of Security and Emergency Response • HAZWOPER 40Hour Certified Relevant Experience Highlights: • Project Manager for City of Merced CA, City of Orem UT, and Parker Water District CO AWIA projects. • Assistant Project Manager and Senior Risk and Resilience Analyst for City of Fresno, Rancho California Water District, and City of Santa Clara RRA and ERP. • Senior Risk and Resilience Analyst for Sweetwater Authority CA RRA, Western Municipal Water District CA, and Brownsville Public Utilities TX AWIA projects. • Senior Treatment Processes Analyst for City of Wichita RRA and ERP. • Utilities Manager/Security and Emergency Response Incident Commander, City of Vacaville, California. • Project Manager -City of Vacaville SCADA Master Plan. • CalFire Major Wildfire Incidents -Logistics and Planning Support • EPA National Drinking Water Advisory Council - Advised EPA Administrator on water regulations/issues. • EPA Water Security Working Group - Advised EPA on active and effective water security programs. AMMYour Partner in Managing Risk and Resilience. Page 11 C o n s u I t a n t s. L L C EXHIBIT A Pacia Diaz, PhD —Assistant Proiect Manager/ Senior Engineer/ Emergency Response Planner Dr. Pacia Diaz is an environmental engineer with more than 10 years of experience in water infrastructure resilience, with a focus on the effects of climate change on water supply utilities. She is experienced in using the AWWA J100 framework for compliance with the AWIA of 2018, Emergency Response Plans, and Gap Analyses for the Water and Wastewater Industry. She developed the AARC Risk & Resilience Tool (ARRT) for AWIA assessments. mi Education: • PhD, Environmental Engineering - University of South Florida • MA, Civil Engineering, University of South Florida • BS, Civil Engineering, University of South Florida • Diplomate, Urban Management Tools for Climate Change, Erasmus University, Rotterdam (Fulbright Scholar) Specialized Trainina and Certifications: • AWWA Utility Risk and Resilience Certificate • AWWA Security Practices for Operations and Management • FEMA Disaster Management for Water & Wastewater Utilities (Mgt-343) • FEMA IS-00235.b Emergency Planning • LEED AP BD+C (Leadership in Energy & Environmental Design) • FDEP Qualified Stormwater Inspector Relevant Experience Highlights: • Risk and Resilience Analyst and Emergency Response Planner for City of Fresno CA, Rancho CA Water District, Sweetwater Authority CA, Western Municipal Water District CA, City of Merced CA, Parker Water District CO, City of Orem UT, City of Laredo TX, Brownsville Public Utilities TX, San Patricio Municipal Water District TX, City of Wichita KS, and Cleveland County Water District NC AWIA projects. • Successful AWIA Risk & Resilience Assessments and Emergency Response Plans in the Water and Wastewater Industry in Florida and Virginia. • Successful utility coordination projects in the Water and Wastewater Industry in Florida and Virginia. • Southwest Florida Water Management District (SWFWMD) Environmental Resource Permit preparation and stormwater compliance inspections. • City of Dunedin, Florida — five years of water quality/quality modeling as part of doctoral research. Jerry Brashear, PhD — Senior Manager, Risk & Resilience Assessment Dr. Jerry Brashear is a seasoned consultant with decades of experience in management, risk and resilience business process engineering, research and development, business planning, continuity and budget, and consulting to a variety of industries, including the energy sector, infrastructure and process industries, and local, state, and national governments. He has been working on the J100 and its predecessors since 2005, and authored numerous essential documents including the revised all -hazard, generic Risk Analysis and Management for Critical Asset Protection (RAMCAP); RAMCAP for water/wastewater systems; ANSI/ASME-IT/AWWA J100-10 Standard, online 20-hour AWWA J100 training course; portfolio analysis/optimization method using RAMCAP; Metropolitan Regional RAMCAP — field test/demo of risk/resilience analysis for infrastructures, dependencies, corporations, public -private partnerships and regions; updates to J100-19/20 for natural hazards, risk reduction/resilience enhancement, resource allocation, terrorism likelihood & cybersecurity; & several white papers and technical articles on the J100. AMMYour Partner in Managing Risk and Resilience. Page 12 C o n s u I t a n t s. L L C EXHIBIT A Education: • PhD, Interdisciplinary Program in Urban, Technological & Environmental Planning, University of Michigan • MBA, concentration in decision analysis, planning, and business processes. Harvard Business School • BA, Social Psychology and Liberal Arts, Princeton University. Specialized Training and Certifications: • AWWA Utility Risk and Resilience Certificate • 40 Hrs OSHA HAZWOPER • EPA Hazard Ranking System Relevant Experience Highlights: • Designed new elements of AWWA J100-19/20 Standard, especially in risk management, terrorism threat likelihood & cybersecurity; currently writing & editing the J100-19/20 Guidance package — technical and methodological details for implementing J100-19/20 correctly & efficiently (due out shortly). • Currently developing methods & tools for estimating regional economic losses due to utility outages and a fully stochastic version of J100-19/20. • Designed, built & successfully demonstrated field-tested first regional & corporate all -hazards. risk/resilience/security analysis process to support investment & performance assessment of metropolitan regional infrastructures, public - private partnerships, & dependencies/interdependencies. • Evaluated 21 federally sponsored critical infrastructure risk analysis, demonstrating J100-10 provided more useful information for allocation decisions. • Developed, wrote & field-tested Water/Wastewater RAMCAP guidance document, the basic foundation for the AWWA J100-10 Standard. • Wrote & co -recorded AWWA's 20-hr. CEU online course & exams on J100-10. • Extended RAMCAP to risk/resilience portfolio tools for major industries & infrastructures, cited by National Science & Technology Council. • Led five -university consortium in evaluation & recommendations for eight infrastructures in the National Capital Region & the NCR as a region. Joseph McCroy — Senior Cybersecurity and Physical Security Specialist j 41-`,PNWA rJoseph McCroy is a retired Army Reserve Major with extensive experience in Cyber Threat Intelligence, Supervisory Control and Data Acquisition (SCADA) system components, Industrial Control Systems (ICS) and U.S. Critical Infrastructure. Nearly two decades of experience in the IC community, including nine years specializing in Military Intelligence tradecraft training and doctrine; eight years involvement as an MI Staff Officer responsible for collection management, strategic communications, curriculum development, policy writing, and enforcement. Education: • MS, Military Intelligence, Command Control and Information Operations, American Military University • BS, Criminal Justice, Chapman University, California Specialized Trainina and Certifications: • AWWA Utility Risk and Resilience Certificate • Certified SCADA Network Security Architect (CSSA) • Specializing in Supervisory Control and Data Acquisition (SCADA) system components • Industrial Control Systems (ICS) and U.S. Critical Infrastructure • Active Top Secret (TS) with Sensitive Compartmented Information (SCI) with Counterintelligence Polygraph • Trained in OSI model and underlying network protocols (e.g., TCP/IP) AMM Your Partner in Managing Risk and Resilience. Page 13 C o n s u I t a n t a. L L C EXHIBIT A Relevant Experience Highlights: • Assistant Project Manager and Senior Cybersecurity Analyst for City of Wichita KS and Parker Water District CO RRA and ERP. • Senior Cybersecurity Analyst for Rancho California Water District, City of Fresno CA, City of Santa Clara CA, Sweetwater Authority CA, Western Municipal Water District CA, City of Merced CA, City of Orem UT, City of Laredo TX, San Patricio Municipal Water District TX, and Cleveland County Water NC AWIA projects. • Applied comprehension of tactical to strategic level intelligence analysis of cyber threats, vectors, and actors to support cyber defense and computer network operations. • Advised the Army and Air Force on understanding network vulnerability and malware analysis to identify Indicators of Compromise (IOC) in ICS-SCADA systems such as utilities, water and wastewater treatment plants, oil and gas refineries, and power transmission systems. • Consulted the Army and Air Force on the uses of forensics, network vulnerability, and malware analysis to conduct both technical analysis of cyber threats and events as well as all -source analysis of cyber threats and their vectors and capabilities. • Used open source data and classified reporting to analyze political, economic, social, and behavioral aspects of malicious cyber activity. • Understanding of cyber-attack stages (e.g., reconnaissance, scanning, enumeration, gaining access, escalation of privileges, maintaining access, network exploitation, covering tracks) commonly used on ICS-SCADA and OT systems used in water and wastewater treatments plants and utilities. Daniel Widger — Lead Cybersecurity Specialist ,r Dan Widger is an IT professional with more than 30 years of industry -wide computing experience, including 19 years in Cybersecurity, Controls and Auditing. His security experience for utility environments supporting digital systems includes high-level security program and policy development, security controls auditing and regulatory compliance. He has used Operations Technology with Industrial Control Systems for managing critical operational processes and has provided services to multiple utilities in ten states. Education: • MBA, University of Houston, Houston, TX • BS, University of Mobile, Mobile, AL Specialized Trainina and Certifications: • AWWA Utility Risk and Resilience Certificate 0 CISM Certification • ISC2 CISSP 0 ITIL Foundations • ISS Certified Professional 0 Security+ Certification & A+Certification • CNE Certification & SANS GIAC GICSP Relevant Experience Highlights: • Lead Cybersecurity Analyst for 14 AWIA projects: City of Redwood City, CA, City of Fresno CA, City of Santa Clara CA, Rancho California Water District CA, Western Municipal Water District CA, Sweetwater Authority CA, City of Merced CA, Parker Water District CO, City of Orem UT, Brownsville Public Utilities TX, City of Laredo TX, San Patricio Municipal Water District TX, City of Wichita KS, and Cleveland County Water NC. • Security and Compliance Consultant, including Physical Security and Cybersecurity, for Utilities in Oregon, California, Arizona, Texas, Iowa, Michigan, Wisconsin, Missouri, Georgia, and Nebraska. • Security Impact Assessments — Evaluated new and modified CDA cyber assets regarding compliance with internal controls and regulatory requirements. ARMYour Partner in Managing Risk and Resilience. Page 14 C o n s u I t a n t s. L L C EXHIBIT A Robert Kaminky — Emergency Response Planner Bob Kaminky is a retired from the Colorado State Patrol after 23 years of dedicated service. He also served for five years in the US Air Force. He is a successful commercial vehicle fleet consultant. He has extensive knowledge of FMCSA, HAZMAT CFR Title 49, HAZMAT spill response, accident investigation and incident management. He also has an extensive stakeholder resource network for Emergency Services and the Oil & Gas Industry, and Trucking Services. Skills and Areas of Expertise: • Incident Command and Response • HAZMAT Response • Incident Investigation SDecialized Trainina and Certifications: • Crisis Management • NCO - USAF • Instructor / Defensive Driving • HAZMAT Chemistry and Classification • Title 49 Federal HAZMAT Regulations • Federal Motor Carrier Safety Administration Inspector / Trainer • Radiation Specialist • FBI Interview, Interrogation and Hostage Negotiation • Colorado State Patrol Level VI WIPP Instructor (and others) Relevant Experience Highlights: • Emergency Response Planner on City of Santa Clara CA, City of Orem UT, and Parker Water District CO AWIA projects. Stephen Baruch, D Env, MBCI, CBCP — Lead Emergency Response Advisor "''' Dr. Stephen Baruch has more than 20 years of experience as a private and public sector expert in j Emergency Preparedness and Business Continuity. He designed and implemented Genentech's BCP Program and is consulting with the Rock Church, Stanford University's Office of Real Estate, Jazz Pharmaceuticals, and the San Jose California Water Company. Past clients include MetricStream, Stanford Management Company, Facebook, D.W. Morgan, Netflix, Celera, and the Office of Emergency Services in San Mateo, California. Education: • D Env, Environmental Science and Engineering, UCLA • MS, Public Health, Yale University • MS, Public Administration, University of Southern California • BA, Brooklyn College Specialized Training and Certifications: • AWWA Utility Risk and Resilience Certificate Certified Business Continuity Professional, (CBCP); Member Business Continuity Institute (MBCI) Carlsbad Emergency Response Team (CERT), California Relevant Experience Highlights: • Lead Emergency Response Advisor for 14 AWIA projects: City of Redwood City, CA, City of Fresno CA, City of Santa Clara CA, Rancho California Water District CA, Western Municipal Water District CA, Sweetwater Authority CA, City of Merced CA, Parker Water District CO, City of Orem UT, Brownsville Public Utilities TX, City of Laredo TX, San Patricio Municipal Water District TX, City of Wichita KS, and Cleveland County Water NC. • 20 Business Continuity Plans. • Business Continuity Consultant — San Jose Water Company (SJWC), California. AMM Your Partner in Managing Risk and Resilience. Page 15 C o n s u I t a n t a. L L C EXHIBIT A David Auchter, PhD — Specifications Developer/Technical Editor Dr. David Auchter has 17 years of experience in Proposals Management, Crisis Communications, and Public / Media Relations. He has managed successful proposals for multi -million -dollar projects, including an innovative Marine Well Containment System following the Deepwater Horizon incident in the Gulf of Mexico. He has managed Crisis Communications for numerous incidents, including the emergency evacuation and relocation of company personnel and assets from New Orleans to Houston during Hurricane Katrina. Education: • PhD, English, University of Houston • MA, Linguistics, University of Houston • BA, English/Education, Denison University, Ohio Specialized Training and Certifications: • AWWA Utility Risk and Resilience Certificate • Information Officer — Incident Command System • Six Sigma Business Improvement Methodology Relevant Experience Highlights: Technical editor for 14 AWIA projects: City of Redwood City, CA, City of Fresno CA, City of Santa Clara CA, Rancho California Water District CA, Western Municipal Water District CA, Sweetwater Authority CA, City of Merced CA, Parker Water District CO, City of Orem UT, Brownsville Public Utilities TX, City of Laredo TX, San Patricio Municipal Water District TX, City of Wichita KS, and Cleveland County Water NC. Successful proposals to International Oil Companies (IOCs) Anadarko, BP, ConocoPhillips, ExxonMobil, Marathon, Shell, and TransCanada, as well as the National Oil Companies (NOCs) of Angola, Brazil, Mozambique, Oman, Turkey, and the United Arab Emirates. ARM Your Partner in Managing Risk and Resilience. Page 16 C o n s u I t a n t a. L L C EXHIBIT A FIRM EXPERIENCE WITH RISK & RESILIENCE ASSESSMENTS AND EMERGENCY RESPONSE PLANS CALIFORNIA City of Redwood City, California (2020 — 2021) — Contract pending® Redwood Population served: More than 90,000 residents; member of Bay Area Water Supply and City lCalif°�a 67 Conservation Agency (BAWSCA) which purchases water from San Francisco Public Utilities Commission (SFPUC). Contact: Aaron Nair, Management Analyst: 650-780-7474; anair(c,redwoodcity.org City of Santa Clara, California (2019 — 2020) Population served: More than 130,00 residents, drawing upon the Santa Clara Valley A Water District, the Public Utility Commission, ground water, and recycled water. Contact: Shilpa Mehta, PE: 408-615-2011; smehta(o)santaclaraca.gov City of Merced, California (2020 — 2021) Population served: More than 83,000 residents; system pumps 35 million gallons per day. _ Contact: Ken Elwin, PE, Director of Public Works: 209-385-6803; publicwks .cityofinerced.org M E RCED Rancho Water District, Temecula, California (2019 — 2020) Population served: More than 150,000 residents, as well as agricultural fields and vineyards in one of the most rapidly growing communities in the country. Contact: Tom Marcoux, Safety & Risk Officer: 951-296-6948; marcouxt ,ranchowater.com City of Fresno, California (2019 — 2020) y OF FR�c Population served: More than 500,000 residents - groundwater supply wells, �� so water treatment facilities, and water mains. Contact: Jesus Gonzalez, PE: 559-621-2489; jesus.gonzalezjr(@fresno.gov OROORA1E� Western Municipal Water District, Riverside, California (2019-2020) Population served: WMWD is a water wholesaler for water agencies and a drinking water retailer serving more than 1,000,0000 people in the "Inland Empire" adjacent to Los Ageles. WEIIQTERNLw Contact: Anita Wilcox: 951-789-5141; awilcoxRwmwd.com DIC STRCT Sweetwater Authority, San Diego, California (2019-2020) Population served: More than 190,000 residents in the City of National City, the unincorporated area of Bonita, and the western portion of the City of Chula Vista. Contact: Clay Clifton: 619-409-6861; ccliftonRsweetwater.org "9GTHo MARCYour Partner in Managing Risk and Resilience Page 17 C o n s u I t a n t s. L L C TEXAS EXHIBIT A Public Utilities Board, Brownsville, Texas (2020-2021) Population Served: More than 190,000 residents — water treatment plants, lines, tanks, and a major Deepwater Sea Port. Contact: Diane Solitaire, Purchasing Manager: 956-983-6366; dsolitaire i( brownsville-pub.com City of Laredo, Texas (2020-2021) Population Served: More than 260,000 residents — water treatment plants, storage facilities, and water lines. Contact: Arturo Garcia, Jr., PE, Utilities Engineering Manager: 956-721-2000; agarcia10 ci.laredo.tx.us H R ;) %Y N S V 1 L. L. F. PURNC UTIFA-rlF5 BOARD San Patricio Municipal Water District, Ingleside, Texas (2020-2021) Population Served: Nine municipality water systems and two rural water supply Ap- lQ corporations, with industrial customers on the Corpus Christi Ship Channel. -T Contact: Jake Krumnow, 0&M Manager: 361-777-4015; "k(@.spmwd.net WEST. MIDWEST. SOUTHEAST Ak City of Orem, Utah (2020 - 2021) Population served: More than 97,000 residents - nine deep wells, two mountain springs, seven OREM water storage facilities, 375 miles of distribution lines. Contact: Neil Winterton, Water Resources Manager: 801-229-7510; rwinterton(L�orem.orq Parker Water & Sanitation District, Parker, Colorado (2020-2021) Par i -eWater Population served: More than 50,000 residents in the Town of Parker, as well as areas &SANITATION DISTRICT of Lone Tree, Castle Pines, and parts of Douglas County. Contact: Jarod Baylie, Engineering Supervisor: 720-842-4262; jbaylie(opwsd.org �i.{ OF {yr City of Wichita, Kansas (2019 — 2020) �r Population served: More than 500,000 residents, with some facilities constructed circa 1940. Contact: Laura Quick, Compliance Manager: 316-942-4482; (quick wichita.gov Kar+Sh� Cleveland County Water, Lawndale, North Carolina (2020-2021) Population served: More than 52,700 residents - water treatment plant capacity of 8 MCD CLEVELAND and approximately 2,000 miles of water line. COUNTY WATER Contact: Jeff Earl, Operations Director: 704-538-8033; learl a@clevelandcountywater.com AAFMYour Partner in Managing Risk and Resilience Page 18 C o n s u I t a n t s. L L C EXHIBIT A REFERENCES Full reference contact information is included in the previous section. PROJECT SCHEDULE The following suggested timeline is included as a guideline and will be adjusted in coordination with City staff to fit City and AARC requirements, including COVID-19 restrictions. 1- - .� Task 1 - Risk and Resilience Assessment Kick -Off Meeting August, 2020 Data Collection August -September, 2020 Preliminary List of Critical Assets September, 2020 Interviews and Workshops October -November, 2020 Draft RRA, Review Meeting and Presentation December, 2020 Response to Comments January, 2021 Final RRA February, 2021 Certification to EPA No later than June 30, 2021 Task 2 - Emergency Response Plan Review of existing City Plans January, 2021 Meetings and Interviews February -March, 2021 Draft ERP, Review Meeting May, 2021 Response to Comments June, 2021 Final ERP July, 2021 Certification to EPA No Later than December 30, 2021 ... DID YOU KNOW? "if a utility does not certify that it has complied, the EPA can initiate enforcement action and assess a penalty of up to $25,000 per day for non-compliance." https://www. a pa.gov/waterresi I i ence/a mericas-water-i nfrastructu re-act-risk-assessments-and-emerg en cy-response-plans ► AARC is vigorously committed to meeting or beating all compliance deadlines. AAFMYour Partner in Managing Risk and Resilience Page 19 C o n s u I t a n t s. L L C BURLINGAME STAFF REPORT AGENDA NO: 8h MEETING DATE: August 17, 2020 To: Honorable Mayor and City Council Date: August 17, 2020 From: Syed Murtuza, Director of Public Works — (650) 558-7230 Subject: Adoption of Resolutions Awarding a Construction Contract to Mitchell Engineering in the Amount of $937,437 for the Neighborhood Storm Drain Project #12 and Approving a Professional Services Agreement with Anchor Engineering, Inc. in the Amount of $190,590 for Construction Management Services Related to the Project RECOMMENDATION Staff recommends that the City Council adopt the attached resolutions as follows: (1) Awarding a construction contract to Mitchell Engineering for the Neighborhood Strom Drain Project #12, City Project No. 85600, in the amount of $937,437, and authorizing the City Manager to execute the contract; and (2) Approving a professional services agreement with Anchor Engineering, Inc., in the amount of $190,590 for construction management services related to the project and authorizing the City Manager to execute the same. BACKGROUND The Neighborhood Storm Drain Project #12 is a continuation of neighborhood storm drainage improvements that have been ranked by priority, based on the severity and magnitude of the drainage issues. The storm drainage improvements are located in 16 residential neighborhoods throughout the city. The improvements are designed to increase the storm drainage capacity of the system and alleviate localized flooding and ponding of storm water in the streets. The project consists of the installation of approximately 494 linear feet of cured in -place pipe; approximately 1,128 linear feet of storm drain installation by open cut, approximately 560 linear feet of curb and gutter replacement; 28 storm drain inlets, and various concrete work on sidewalks/driveways. DISCUSSION Construction Contract: The project engineering design was successfully completed and was advertised for construction bids on June 30, 2020. The bids were opened on July 30, 2020. The City received five bid proposals, with bids ranging from $937,437 to $1,376,595. Mitchell 1 Construction Contract Award to Mitchell Engineering for the Neighborhood Storm Drain August 17, 2020 Project #12, and Professional Services Agreement with Anchor Engineering for Construction Management of the Project, City Project No. 85600 Engineering is the lowest responsible bidder with its bid amount of $937,437, which is 6% lower than the engineer's estimate of $1,000,000. Staff has reviewed their bid proposal and determined that the contractor has met all the project requirements and has a history of successfully performing similar work for public agencies. As a result, staff recommends that the Council award the construction contract to Mitchell Engineering. Professional Services Agreement: Anchor Engineering, Inc. was one of 14 engineering firms that submitted a statement of qualifications (SOQ) to perform construction management services for City projects for FY 2020/21. Anchor Engineering, Inc. was selected as the most qualified firm to provide a proposal for the Neighborhood Storm Drain Project #12 due to their past experience on other storm drainage projects and availability for the project. Staff has negotiated the following scope of professional services with Anchor Engineering, Inc. in the amount of $190,590, which is also detailed in Exhibit A of the attached professional services agreement: • Attend and manage pre -construction meetings between the City and Contractor; • Review and advise the City on Contractor's overall and weekly construction schedule; • Provide public outreach and notifications; • Perform daily construction inspection services for an estimated 180 construction working days; • Prepare daily written construction reports and maintain photographic records of the project; • Attend weekly construction progress meetings, perform necessary field engineering work, and perform quality assurance assessments; • Provide material testing services as -needed; • Perform project close out inspections and develop final punch list; • Review and process construction progress payments and change orders; and • Provide a final report and advise the City on final payment. The professional services fee of $190,590 represents approximately 20% of the estimated construction cost. The fee is consistent with industry standards for construction management and inspection services. In addition, it includes fees related to material testing and certification, based on the scope and complexity of the project involving various methods of storm drain improvements. Furthermore, Anchor Engineering will oversee the construction management and perform construction inspections for the Burlingame Avenue Storm Drainage Project that will begin construction at the same time. With both projects commencing at the same time, staff was able to negotiate a full-time Construction Manager and Inspector for both projects and will benefit from the economy of scales with the overlap of construction time of 16 weeks, thereby reducing the construction management costs for this project. The project construction is tentatively set to begin in September 2020 and will be completed by May 31, 2021, barring unforeseen delays. Staff will conduct public outreach to the affected residents and will coordinate with the contractor to minimize construction impacts and inconveniences. 2 Construction Contract Award to Mitchell Engineering for the Neighborhood Storm Drain August 17, 2020 Project #12, and Professional Services Agreement with Anchor Engineering for Construction Management of the Project, City Project No. 85600 FISCAL IMPACT The following are the estimated project construction expenditures: Construction Contract $937,437 Construction Contingencies (15%) $140,615 Construction Management $190,590 Design and Administration $250,000 Total $1, 518,642 Funding Availability: There are adequate funds available in the Capital Improvement Program funded by the Storm Drainage Fee under Neighborhood Storm Drain Project #12 (85600) to complete the work. 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 MITCHELL ENGINEERING FOR THE NEIGHBORHOOD STORM DRAIN PROJECT #12, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT CITY PROJECT NO. 85600 WHEREAS, on June 30, 2020, the City issued notice inviting bid proposals for the Neighborhood Storm Drain Project #12, City Project No. 85600; and WHEREAS, on July 30, 2020, five bid proposals were received and opened before the City Clerk and representatives of the Public Works Department; and WHEREAS, Mitchell Engineering submitted the lowest responsible bid for the job in the amount of $937,437. 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 Mitchell Engineering for the project in the amount of $937437, 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 17t" day of August, 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 ANCHOR ENGINEERING, INC. FOR THE CONSTRUCION MANAGEMENT, INSPECTION, AND MATERIAL TESTING SERVICES FOR THE NEIGHBORHOOD STORM DRAIN PROJECT #12 AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT CITY PROJECT NO. 85600 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 17tn day of August, 2020 and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Meaghan Hassel -Shearer, City Clerk AGREEMENT FOR PUBLIC IMPROVEMENT NEIGHBORHOOD STORM DRAIN PROJECT #12 CITY PROJECT NO. 85600 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 Mitchell Engineering a State of incorporation, 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 August 17t" 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 those Contract Documents entitled: NEIGHBORHOOD STORM DRAIN PROJECT #12, CITY PROJECT NO. 85600. 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 AGREEMENT-1 titled "NEIGHBORHOOD STORM DRAIN PROJECT #12, CITY PROJECT NO. 85600" 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 nine hundred and thirty-seven thousand, four hundred and thirty-seven dollars ($937,437.00), 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 AGREEMENT-2 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: Martin Quan City of Burlingame 501 Primrose Road Burlingame, California 94010 AGREEMENT-3 Notices required to be given to Contractor shall be addressed as follows: Kathleen Streblow Mitchell Engineering 1395 Evans Avenue San Francisco, CA 94124 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. 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 AGREEMENT-4 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 Lisa K. Goldman, City Manager Approved as to form: Kathleen Kane, City Attorney ATTEST: Meaghan Hassel -Shearer, City Clerk CONTRACTOR By Print Name: Kathleen Streblow Mitchell Engineering AGREEMENT-5 AGREEMENT FOR PROFESSIONAL CONSTRUCTION MANAGEMENT, INSPECTION, AND MATERIAL TESTING WITH ANCHOR ENGINEERING, INC FOR NEIGHBORHOOD STORM DRAIN PROJECT #12 CITY PROJECT NO. 85600 THIS AGREEMENT is entered into this day of 2020, by and between the City of Burlingame, State of California, herein called the "City", and Anchor Engineering, Inc. engaged in providing Professional Construction Management, Inspection, and Material Testing 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 Neighborhood Storm Drain Project #12, City Project No. 85600. B. The City desires to engage a professional construction management firm to provide these services because of Consultant's experience and qualifications to perform the desired work, described in Exhibit A. C. The Consultant represents and affirms that it is qualified and willing to perform the desired work pursuant to this Agreement. AGREEMENTS NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Scope of Services. The Consultant shall provide professional engineering services such as inspection and material testing services, 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 May 31, 2021. 3. Compliance with Laws. The Consultant shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws. Consultant represents and warrants to City that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Page 1 of 8 Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to practice its profession. Consultant shall maintain a City of Burlingame business license. 4. Sole Responsibility. Consultant shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement. 5. Information/Report Handling. All documents furnished to Consultant by the City and all reports and supportive data prepared by the Consultant under this Agreement are the City's property and shall be delivered to the City upon the completion of Consultant's services or at the City's written request. All reports, information, data, and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential until released by the City to the public, and the Consultant shall not make any of these documents or information available to any individual or organization not employed by the Consultant or the City without the written consent of the City before such release. The City acknowledges that the reports to be prepared by the Consultant pursuant to this Agreement are for the purpose of evaluating a defined project, and City's use of the information contained in the reports prepared by the Consultant in connection with other projects shall be solely at City's risk, unless Consultant expressly consents to such use in writing. City further agrees that it will not appropriate any methodology or technique of Consultant which is and has been confirmed in writing by Consultant to be a trade secret of Consultant. 6. Compensation. Compensation for Consultant's professional services shall not exceed 190 590; and payment shall be based upon City approval of each task. Billing shall include current period and cumulative expenditures to date and shall be accompanied by a detailed explanation of the work performed by whom at what rate and on what date. Also, plans, specifications, documents or other pertinent materials shall be submitted for City review, even if only in partial or draft form. 7. Availability of Records. Consultant shall maintain the records supporting this billing for not less than three (3) years following completion of the work under this Agreement. Consultant shall make these records available to authorized personnel of the City at the Consultant's offices during business hours upon written request of the City. Page 2 of 8 8. Project Manager. The Project Manager for the Consultant for the work under this Agreement shall be Christopher Coles, P.E., Principal Construction Engineer. 9. Assignability and Subcontracting. The services to be performed under this Agreement are unique and personal to the Consultant. No portion of these services shall be assigned or subcontracted without the written consent of the City. 10. Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to: To City: Martin Quan City of Burlingame 501 Primrose Road Burlingame, CA 94010 To Consultant: Christopher Coles, P.E. President Anchor Engineering, Inc. 3685 Mt. Diablo Blvd., Suite 345 Lafayette, CA 94549 or personally delivered to Consultant to such address or such other address as Consultant designates in writing to City. 11. Independent Contractor. It is understood that the Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and not an agent or employee of the City. As an independent contractor he/she shall not obtain any rights to retirement benefits or other benefits which accrue to City employee(s). With prior written consent, the Consultant may perform some obligations under this Agreement by subcontracting, but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement. Consultant agrees to testify in any litigation brought regarding the subject of the work to be performed under this Agreement. Consultant shall be compensated for its costs and expenses in preparing for, traveling to, and testifying in such matters at its then current hourly rates of compensation, unless such litigation is brought by Consultant or is based on allegations of Consultant's negligent performance or wrongdoing. Page 3 of 8 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 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 Page 4 of 8 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 shall be excess of the Consultant's insurance and shall not contribute with it. Page 5 of 8 iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. iv. The Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability. C. In addition to these policies, Consultant shall have and maintain Workers' Compensation insurance as required by California law. Further, Consultant shall ensure that all subcontractors employed by Consultant provide the required Workers' Compensation insurance for their respective employees. D. All Coverages: Each insurance policy required in this item shall be endorsed to state that coverage shall not be canceled except after thirty (30) days' prior written notice by mail, has been given to the City (10 days for non-payment of premium). Current certification of such insurance shall be kept on file at all times during the term of this agreement with the City Clerk. E. Acceptability of Insurers: Insurance is to be placed with insurers with a Best's rating of no less than A-:VII and authorized to do business in the State of California. F. Verification of Coverage: Upon execution of this Agreement, Contractor shall furnish the City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms approved by the City. All certificates and endorsements are to be received and approved by the City before any work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 15. Indemnification. To the fullest extent permitted by law, Consultant shall save, keep and hold harmless indemnify and defend the City, its officers, employees, authorized agents and volunteers from all damages, liabilities, penalties, costs, or expenses in law or equity, including but not limited to attorneys' fees, that may at any time arise, result from, relate to, or be set up because of damages to property Page 6 of 8 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" Anchor Engineering, Inc. Print Name: Christopher Coles Title: President Page 8 of 8 Anchor Engineering Project and Construction Management July 27, 2020 Martin Quan, P.E., Senior Civil Engineer City of Burlingame 501 Primrose Road Burlingame CA 94010 Subject: Proposal to City of Burlingame for Construction Inspection of Neighborhood Storm Drain Project #12, City Project No. 85600 Dear Martin: Thank you for asking Anchor to propose our approach to construction management, inspection, and testing services for this project. We understand that you want full -service CM, inspection, and testing for this project. This project will be performed in conjunction with Burlingame Avenue Storm Drain Improvements, City Project NO. 85900. These projects will be performed concurrently but under separate prime construction contracts. These projects are both estimated to cost $1,000,000, and are 180 and 70 working days in duration, respectively. Our approach is to assign Norman Akana as Construction Manager. Norman will also perform inspection when that does not conflict with CM duties and performance. Norman will be assisted by Anthony Fanucci as inspector when work on the two projects is in progress at the same time. Norman's and Anthony's resumes are attached. They are both capable, experienced construction representatives for public agencies, accustomed to working in residential neighborhoods and communicating well with residents. Please see the attached Scope of Services detailing our expected activities on the City's behalf. Please see the attached fee proposal and fee schedule for our pricing. Each of our monthly invoices will provide a summary showing the budget status of our contract. Please contact me by cell phone or text at (510) 393-5112 if you want to discuss any aspect of the project or this proposal. I look forward to helping you achieve a successful project. Sincerely, for Anchor Engineering, Inc. Christopher Coles, P.E. President / Principal Construction Engineer 3685 Mt. Diablo Blvd, Ste 345, Lafayette, CA 94549 Phone: (925) 385-0950 Fax: (925) 385-0424 A Certified DVBE & SBE Firm Fee Proposal, CMI and testing for Burlingame Neighborhood Storm Drain Project #12 Anchor CM, July 28, 2020 Project familiarization and setup Principal in Charge Construction Manager/Inspector Procore/ office engineer average LOE per week # of weeks # of Hours Rate hour 2 1 2 215 40 1 40 172 8 1 8 106 Subtotal Construction period and closeout (estimated 130 working days) Principal in Charge 1 Construction Manager/Inspector 24 Inspector (prevailing wage) 16 Procore/ office engineer 4 Direct Expenses (allowance) Vehicle, cell/data, laptop (months) Testing and special inspection (1.5% of construction cost) ODC allowance (repro, late shift lodging, misc. field expense) 16 16 26 624 16 256 28 112 6 Amount $430 $6,880 $848 $8,158 215 $3,440 172 $107,328 157 $40,192 106 $11,872 Subtotal $162,832 1600 $9,600 $10,000 $2,000 Subtotal $19,600 7 Total Fee $190,590 Assumptions: 1. Hourly rates include all direct and indirect costs at straight rates. 2. Level of effort and fee is an estimate only. 3. AnchorCM will invoice the District only for hours worked and expenses incurred. 4. Labor Compliance services not included. 5. Contract extension, overtime or shift work may incur higher costs and require a budget supplement. 6. This project performed concurrently and in conjunction with Burlingame Ave SD Improvements project. 7. Construction contract duration is 180 days. This proposal is based on 120 daysbased on discussion with project manager. * Aseparate Procore project will be set up to contain drawings and other records AnchorCM _12%e 2020 Fee Schedule Principal Forensic Engineer/Expert Witness $ 330.00 Principal Consultant $ 301.00 Principal -in -Charge $ 252.00 Engineer/Manager Project Principal Engineer/CM $ 241.00 Senior Engineer/CM $ 215.00 Associate Engineer/CM $ 195.00 Staff Engineer/CM Level 4 (PE or equivalent) $ 172.00 Staff Engineer/CM Level 3 (PE or equivalent) $ 157.00 Staff Engineer/CM Level 2 (EIT or equivalent) $ 146.00 Staff Engineer/Deputy CM Level 1 $ 123.00 Junior Engineer/Assistant CM $ 106.00 Engineering Technician Senior Engineering Technician $ 150.00 Mid Engineering Technician $ 117.00 Engineering Technician $ 94.00 Inspector Construction Representative / Senior Inspector $ 155.00 Prevailing Wage Building / Construction Inspector $ 144.00 Prevailing Wage Soils / AC Inspector $ 144.00 Project Administrative Staff Senior Contract Administrator $ 150.00 Bookkeeper $ 150.00 Contract Administrator $ 96.00 Contract Administration Assistant $ 71.00 Notes: 1. Field vehicles will be billed at $1,600/month; cell phone and mobile broadband service billed at $85/mo. 2. Other direct costs (ODCs) and subconsultant fees are billed separately at ACM cost plus 10%. 3. Four- and eight -hour minimums apply for cancellations, tasks requiring travel, and legal appearances. 4. Contract project staff will be billed at the contract rate for legal work and appearances, with yearly escalation applied. 5. Inspector rates may vary due to prevailing wage requirements and determinations of the California Department of Industrial Relations. CITY OF BURLINGAME - Professional CM, Inspection, and Materials Testing Services for Sanitary Sewer, Storm Water, and Potable Water System Improvements Section 4: Project Approach Service Function PRE -CONSTRUCTION PHASE ACTIVITIES Deliverables Biddability/ Identify potential conflicts, ambiguities and deficiencies Report with Constructability Review in contract documents that could lead to higher bid recommendations prices, change orders, delays and claims. Pre -bid meeting minutes Bidding Assistance Participate in -pre-bid conference. Review bids. Make g recommendations to City on awarding contract. Recommendations for award CONSTRUCTION PHASE ACTIVITIES Preconstruction Outline project specifics. Inform contractor of project Agenda Conference administration procedures. Meeting minutes Construction Implement system for organizing, tracking, filing, and Paper files Management managing paper and electronic correspondence, Electronic files Information System including letters, RFI, submittals, contracts, reports, Correspondence logs (CIMS) 0&M manuals, progress payments, change orders, etc. Suspense lists Foster improved project team communications Conversations, meetings, Communications through written, verbal and electronic communication. correspondence, memos, Keep project team well informed. e-mail Monitor contractor's baseline and 3-week look -ahead Schedule reports Schedule Management g schedules. Notify parties of actual or potential Notifications of schedule deviation from schedule. Work with project team to correct non-compliance with schedule. status Weekly Meetings Conduct weekly meetings to discuss schedule, Agenda meeting minutes progress, current and past issues. Schedule suspense logs Analyze issues, seek appropriate advice and Design clarifications Issues Management recommend redesign parameters. Contract change orders Make recommendations and implement procedures Dispute avoidance Dispute Resolution for reducing the likelihood of disputes and claims. procedures and recommendations Observe and monitor all aspects of project for Quality Control/ compliance with contract documents. Notify contractor Daily inspection reports Inspection when work is not in compliance. Prepare daily Photos and videos inspection reports. Provide photographic and video documentation. Review contractor's payment requests. Verify Progress payment request Progress Payments contractor pay items. Prepare payment documentation documents suitable for for execution by District. execution by District Change Orders Review potential change orders for contractual and Independent cost technical merit. Negotiate and prepare change orders estimates P20-20 COB ANCHORCM C Z June 1, 2020 Page 9 Representing the Public Since 2003 CITY OF BURLINGAME - Professional CM, Inspection, and Materials Testing Services for Sanitary Sewer, Storm Water, and Potable Water System Improvements Section 4: Project Approach (Continued) for execution by District. Keep District apprised of the Change orders ready for impact of cumulative change orders. execution Materials Testing/ Laboratory, jobsite and offsite testing of construction Materials test reports Special Inspection materials. CLOSEOUT PHASE ACTIVITIES "As -Built" Drawings Collate, review, and transmit contractor's data. Data for record drawings Make final inspections. Prepare punch list. Verify that Final Wolkthrough certificates of compliance and as -built drawings have Punch list been delivered. Final Payment Process final progress payment to contractor. Final progress payment Claims Resolution Resolve remaining claims or disputes. Support claims Negotiation and litigation negotiation and provide litigation support. support Project Completion Final report Report and Project Prepare final report. Deliver project records to District. Complete project records Closeout P20-20 COB ANCHORCM C June 1, 2020 Page 10 Representing the Public Since 2003 f� CITY OF BURLINGAME - Professional CM, Inspection, and Materials Testing Services for Sanitary Sewer, Storm Water, and Potable Water System Improvements Appendix: Resumes (Continued) P20-20 COB ANCHORCM C June 1, 2020 Page 15 Representing the Public Since 2003 f� CITY OF BURLINGAME - Professional CM, Inspection, and Materials Testing Services for Sanitary Sewer, Storm Water, and Potable Water System Improvements Appendix: Resumes (Continued) • iti 7 ,t "1 , r .' •' 'fir P20-20 COB ANCHORCM June 1, 2020 Page 16 Representing the Public Since 2003 f� CITY OF BURLINGAME - Professional CM, Inspection, and Materials Testing Services for Sanitary Sewer, Storm Water, and Potable Water System Improvements Appendix: Resumes (Continued) P20-20 COB ANCHORCM June 1, 2020 Page 27 Representing the Public Since 2003 f� CITY OF BURLINGAME - Professional CM, Inspection, and Materials Testing Services for Sanitary Sewer, Storm Water, and Potable Water System Improvements Appendix: Resumes (Continued) • iti 7 ,t "1 , r .' •' 'fir P20-20 COB ANCHORCM June 1, 2020 Page 28 Representing the Public Since 2003 BASE BID SCHEDULE: Neighborhood Storm Drain Project #12 (City Project No. 85600) Engineer's Estimate Mitchell Engineering Cratus Inc. Redwood Engineering Kerex Engineering Inc. Express Plumbing Item Description of Item Estimated Quantit Unit Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Base Bid Schedule: General 1 Mobilization/Demobilization 1 LS 5% $ 48,646.00 $ 40,000.00 $ 40,000.00 $ 40,000.00 $ 40,000.00 $ 16,000.00 $ 16,000.00 $ 65,000.00 $ 65,000.00 $ 50,000.00 $ 50,000.00 2 Traffic Control 1 LS $ 20,000.00 $ 20,000.00 $ 13,467.00 $ 13,467.00 $ 60,000.00 $ 60,000.00 $ 48,300.00 $ 48,300.00 $ 15,000.00 $ 15,000.00 $ 25,000.00 $ 25,000.00 3 Construction Staking and Survey 1 LS $ 10,000.00 $ 10,000.00 $ 16,529.00 $ 16,529.00 $ 10,000.00 $ 10,000.00 $ 15,000.00 $ 15,000.00 $ 7,500.00 $ 7,500.00 $ 8,000.00 $ 8,000.00 4 Site Investigation and Potholing 1 LS $ 15,000.00 $ 15,000.00 $ 51,079.00 $ 51,079.00 $ 20,000.00 $ 20,000.00 $ 50,000.00 $ 50,000.00 $ 7,500.00 $ 7,500.00 $ 9,000.00 $ 9,000.00 5 Stormwater Pollution Prevention 1 LS $ 20,000.00 $ 20,000.00 $ 22,237.00 $ 22,237.00 $ 7,500.00 $ 7,500.00 $ 4,000.00 $ 4,000.00 $ 5,000.00 $ 5,000.00 $ 10,000.00 $ 10,000.00 6 Dewatering Operations 1 LS $ 12,000.00 $ 12,000.00 $ 12,419.00 $ 12,419.00 $ 1,000.00 $ 1,000.00 $ 10,000.00 $ 10,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 Site 1 7 GOL Inlet 1 EA $ 8,500.00 $ 8,500.00 $ 13,096.00 $ 13,096.00 $ 8,000.00 $ 8,000.00 $ 5,000.00 $ 5,000.00 $ 9,000.00 $ 9,000.00 $ 8,690.00 $ 8,690.00 8 G1 Inlet 2 EA $ 8,000.00 $ 16,000.00 $ 7,196.00 $ 14,392.00 $ 5,500.00 $ 11,000.00 $ 5,000.00 $ 10,000.00 $ 9,000.00 $ 18,000.00 $ 7,700.00 $ 15,400.00 9 Curb and Gutter 29 LF $ 75.00 $ 2,175.00 $ 107.00 $ 3,103.00 $ 85.00 $ 2,465.00 $ 150.00 $ 4,350.00 $ 250.00 $ 7,250.00 $ 192.50 $ 5,582.50 10 Replace Existing Grate 2 EA $ 1,500.00 $ 3,000.00 $ 1,521.00 $ 3,042.00 $ 2,500.00 $ 5,000.00 $ 2,000.00 $ 4,000.00 $ 3,500.00 $ 7,000.00 $ 3,850.00 $ 7,700.00 11 Rehabilitate 8" CMP by CIPP 240 LF $ 200.00 $ 48,000.00 $ 54.00 $ 12,960.00 $ 60.00 $ 14,400.00 $ 55.00 $ 13,200.00 $ 55.00 $ 13,200.00 $ 100.00 $ 24,000.00 Site 2-3 12 GO Inlet 3 EA $ 8,000.00 $ 24,000.00 $ 8,275.00 $ 24,825.00 $ 6,500.00 $ 19,500.00 $ 5,000.00 $ 15,000.00 $ 9,000.00 $ 27,000.00 $ 7,700.00 $ 23,100.00 13 Curb and Gutter 24 LF $ 75.00 $ 1,800.00 $ 117.00 $ 2,808.00 $ 85.00 $ 2,040.00 $ 150.00 $ 3,600.00 $ 250.00 $ 6,000.00 $ 192.50 $ 4,620.00 14 Shallow Manhole 1 EA $ 9,000.00 $ 9,000.00 $ 8,926.00 $ 8,926.00 $ 7,250.00 $ 7,250.00 $ 9,000.00 $ 9,000.00 $ 7,500.00 $ 7,500.00 $ 20,000.00 $ 20,000.00 Site 4 15 GOL Inlet 1 EA $ 8,500.00 $ 8,500.00 $ 13,096.00 $ 13,096.00 $ 8,000.00 $ 8,000.00 $ 5,000.00 $ 5,000.00 $ 9,000.00 $ 9,000.00 $ 7,700.00 $ 7,700.00 16 Replace Existing Grate 1 EA $ 1,500.00 $ 1,500.00 $ 1,521.00 $ 1,521.00 $ 3,500.00 $ 3,500.00 $ 2,000.00 $ 2,000.00 $ 3,500.00 $ 3,500.00 $ 3,850.00 $ 3,850.00 17 Catch Basin Modification 1 EA $ 500.00 $ 500.00 $ 4,458.00 $ 4,458.00 $ 2,500.00 $ 2,500.00 $ 1,500.00 $ 1,500.00 $ 3,500.00 $ 3,500.00 $ 5,500.00 $ 5,500.00 18 Sidewalk Replacement 30 SF $ 30.00 $ 900.00 $ 76.00 $ 2,280.00 $ 80.00 $ 2,400.00 $ 60.00 $ 1,800.00 $ 100.00 $ 3,000.00 $ 55.00 $ 1,650.00 Site 5 19 Replace Existing Grate 2 EA $ 1,500.00 $ 3,000.00 $ 1,521.00 $ 3,042.00 $ 3,500.00 $ 7,000.00 $ 2,000.00 $ 4,000.00 $ 4,500.00 $ 4,500.00 $ 3,850.00 $ 7,700.00 Site 6-7 20 Replace Existing Grate 1 EA $ 1,500.00 $ 1,500.00 $ 1,521.00 $ 1,521.00 $ 3,500.00 $ 3,500.00 $ 2,000.00 $ 2,000.00 $ 4,500.00 $ 4,500.00 $ 3,850.00 $ 3,850.00 21 8" PVC Storm Drain by Open Trench 56 LF $ 200.00 $ 11,200.00 $ 488.00 $ 27,328.00 $ 85.00 $ 4,760.00 $ 150.00 $ 8,400.00 $ 750.00 $ 42,000.00 $ 192.50 $ 10,780.00 22 12" PVC Storm Drain by Open Trench 86 LF $ 300.00 $ 25,800.00 $ 220.00 $ 18,920.00 $ 325.00 $ 27,950.00 $ 300.00 $ 25,800.00 $ 750.00 $ 64,500.00 $ 390.00 $ 33,540.00 Site 8 23 GO Inlet 1 EA $ 8,000.00 $ 8,000.00 $ 8,340.00 $ 8,340.00 $ 6,500.00 $ 6,500.00 $ 5,000.00 $ 5,000.00 $ 9,000.00 $ 9,000.00 $ 7,700.00 $ 7,700.00 24 8" PVC Storm Drain by Open Trench 32 LF $ 200.00 $ 6,400.00 $ 182.00 $ 5,824.00 $ 325.00 $ 10,400.00 $ 300.00 $ 9,600.00 $ 500.00 $ 16,000.00 $ 490.00 $ 15,680.00 25 Locking Manhole Cover 1 EA $ 500.00 $ 500.00 $ 3,397.00 $ 3,397.00 $ 3,000.00 $ 3,000.00 $ 1,000.00 $ 1,000.00 $ 7,500.00 $ 7,500.00 $ 2,800.00 $ 2,800.00 26 Curb and Gutter 36 LF $ 75.00 $ 2,700.00 $ 109.00 $ 3,924.00 $ 85.00 $ 3,060.00 $ 150.00 $ 5,400.00 $ 250.00 $ 9,000.00 $ 192.50 $ 6,930.00 Site 9 27 GO Inlet 1 EA $ 8,500.00 $ 8,500.00 $ 8,340.00 $ 8,340.00 $ 6,500.00 $ 6,500.00 $ 5,000.00 $ 5,000.00 $ 9,000.00 $ 9,000.00 $ 11,000.00 $ 11,000.00 28 Curb and Gutter 143 LF $ 75.00 $ 10,725.00 $ 98.00 $ 14,014.00 $ 85.00 $ 12,155.00 $ 150.00 $ 21,450.00 $ 190.00 $ 27,170.00 $ 192.50 $ 27,527.50 Site 10 29 Rehabilitate 12" SD by CIPP 140 LF $ 380.00 $ 53,200.00 $ 93.00 $ 13,020.00 $ 100.00 $ 14,000.00 $ 120.00 $ 16,800.00 $ 95.00 $ 13,300.00 $ 120.00 $ 16,800.00 30 Surface Restoration 1 LS $ 1,000.00 $ 1,000.00 $ 5,963.00 $ 5,963.00 $ 1,000.00 $ 1,000.00 $ 1,500.00 $ 1,500.00 $ 9,000.00 $ 9,000.00 $ 5,000.00 $ 5,000.00 Site 11 31 GO Inlet 2 EA $ 8,000.00 $ 16,000.00 $ 8,291.00 $ 16,582.00 $ 6,500.00 $ 13,000.00 $ 4,500.00 $ 9,000.00 $ 9,000.00 $ 18,000.00 $ 11,000.00 $ 22,000.00 32 G1 Inlet 1 EA $ 10,000.00 $ 10,000.00 $ 7,196.00 $ 7,196.00 $ 5,500.00 $ 5,500.00 $ 5,000.00 $ 5,000.00 $ 9,000.00 $ 9,000.00 $ 6,600.00 $ 6,600.00 33 Concrete Swale Replacement 156 LF $ 250.00 $ 39,000.00 $ 239.00 $ 37,284.00 $ 65.00 $ 10,140.00 $ 175.00 $ 27,300.00 $ 250.00 $ 39,000.00 $ 275.00 $ 42,900.00 34 Curb and Gutter 25 LF $ 75.00 $ 1,875.00 $ 114.00 $ 2,850.00 $ 85.00 $ 2,125.00 $ 170.00 $ 4,250.00 $ 250.00 $ 6,250.00 $ 192.50 $ 4,812.50 35 trash rack 1 EA $ 500.00 $ 500.00 $ 3,069.00 $ 3,069.00 $ 4,000.00 $ 4,000.00 $ 2,000.00 $ 2,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 36 Sidewalk Replacement 20 SF $ 30.00 $ 600.00 $ 44.00 $ 880.00 $ 80.00 $ 1,600.00 $ 70.00 $ 1,400.00 $ 150.00 $ 3,000.00 $ 110.00 $ 2,200.00 Site 12 37 Rehabilitate 18" SD by CIPP 114 LF $ 360.00 $ 41,040.00 $ 134.00 $ 15,276.00 $ 130.00 $ 14,820.00 $ 100.00 $ 11,400.00 $ 130.00 $ 14,820.00 $ 150.00 $ 17,100.00 38 Headwall 18 CY $ 20.00 $ 360.00 $ 968.00 $ 17,424.00 $ 100.00 $ 1,800.00 $ 1,200.00 $ 21,600.00 $ 900.00 $ 16,200.00 $ 2,500.00 $ 45,000.00 Site 13 39 G1 Inlet 2 EA $ 8,000.00 $ 16,000.00 $ 7,147.00 $ 14,294.00 $ 5,500.00 $ 11,000.00 $ 5,000.00 $ 10,000.00 $ 9,000.00 $ 18,000.00 $ 7,700.00 $ 15,400.00 40 Pavement Restoration 350 SF $ 20.00 $ 7,000.00 $ 12.00 $ 4,200.00 $ 20.00 $ 7,000.00 $ 45.00 $ 15,750.00 $ 40.00 $ 14,000.00 $ 28.60 $ 10,010.00 41 12" Wide Trench Drain 40 LF $ 320.00 $ 12,800.00 $ 269.00 $ 10,760.00 $ 100.00 $ 4,000.00 $ 500.00 $ 20,000.00 $ 200.00 $ 8,000.00 $ 286.40 $ 11,456.00 42 12" PVC Storm Drain by Open Cut 75 LF $ 300.00 $ 22,500.00 $ 219.00 $ 16,425.00 $ 325.00 $ 24,375.00 $ 300.00 $ 22,500.00 $ 500.00 $ 37,500.00 $ 390.00 $ 29,250.00 43 Curb and Gutter 88 LF $ 75.00 $ 6,600.00 $ 113.00 $ 9,944.00 $ 85.00 $ 7,480.00 1 $ 200.00 $ 17,600.00 $ 180.00 $ 15,840.00 $ 192.50 $ 16,940.00 BASE BID SCHEDULE: Neighborhood Storm Drain Project #12 (City Project No. 85600) Engineer's Estimate Mitchell Engineering Cratus Inc. Redwood Engineering Kerex Engineering Inc. Express Plumbing Item Description of Item Estimated Quantit Unit Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Base Bid Schedule: 44 Median 140 LF $ 85.00 $ 11,900.00 $ 99.00 $ 13,860.00 $ 80.00 $ 11,200.00 $ 200.00 $ 28,000.00 $ 190.00 $ 26,600.00 $ 192.50 $ 26,950.00 Site 14 45 GO Inlet 2 EA $ 8,000.00 $ 16,000.00 $ 8,291.00 $ 16,582.00 $ 6,500.00 $ 13,000.00 $ 4,000.00 $ 8,000.00 $ 9,000.00 $ 18,000.00 $ 19,800.00 $ 39,600.00 46 12" PVC Storm Drain by Open Cut 52 LF $ 300.00 $ 15,600.00 $ 219.00 $ 11,388.00 $ 325.00 $ 16,900.00 $ 320.00 $ 16,640.00 $ 750.00 $ 39,000.00 $ 500.00 $ 26,000.00 47 Curb and Gutter 28 LF $ 75.00 $ 2,100.00 $ 114.00 $ 3,192.00 $ 85.00 $ 2,380.00 $ 175.00 $ 4,900.00 $ 250.00 $ 7,000.00 $ 192.50 $ 5,390.00 48 Pavement Restoration 215 SF $ 20.00 $ 4,300.00 $ 12.00 $ 2,580.00 $ 20.00 $ 4,300.00 $ 50.00 $ 10,750.00 $ 40.00 $ 8,600.00 $ 28.60 $ 6,149.00 Site 15 49 GO Inlet 10 EA $ 8,000.00 $ 80,000.00 $ 8,341.00 $ 83,410.00 $ 6,500.00 $ 65,000.00 $ 4,500.00 $ 45,000.00 $ 7,500.00 $ 75,000.00 $ 8,250.00 $ 82,500.00 50 Storm Drain Manhole 2 EA $ 10,000.00 $ 20,000.00 $ 12,483.00 $ 24,966.00 $ 7,250.00 $ 14,500.00 $ 12,000.00 $ 24,000.00 $ 9,000.00 $ 18,000.00 $ 10,000.00 $ 20,000.00 51 Drop Manhole 2 EA $ 14,000.00 $ 28,000.00 $ 11,928.00 $ 23,856.00 $ 8,500.00 $ 17,000.00 $ 12,000.00 $ 24,000.00 $ 7,500.00 $ 15,000.00 $ 12,000.00 $ 24,000.00 52 Pipe Abandonment 1 LS $ 500.00 $ 500.00 $ 6,354.00 $ 6,354.00 $ 1,000.00 $ 1,000.00 $ 4,000.00 $ 4,000.00 $ 5,000.00 $ 5,000.00 $ 10,000.00 $ 10,000.00 53 12" PVC Storm Drain by Open Cut 88 LF $ 300.00 $ 26,400.00 $ 237.00 $ 20,856.00 $ 325.00 $ 28,600.00 $ 300.00 $ 26,400.00 $ 500.00 $ 44,000.00 $ 490.00 $ 43,120.00 54 16" PVC Storm Drain by Open Cut 656 LF $ 340.00 $ 223,040.00 $ 205.00 $ 134,480.00 $ 380.00 $ 249,280.00 $ 310.00 $ 203,360.00 $ 200.00 $ 131,200.00 $ 500.00 $ 328,000.00 55 24" PVC Storm Drain by Open Cut 130 LF $ 380.00 $ 49,400.00 $ 261.00 $ 33,930.00 $ 550.00 $ 71,500.00 $ 500.00 $ 65,000.00 $ 390.00 $ 50,700.00 $ 800.00 $ 104,000.00 56 Curb and Gutter 125 LF $ 75.00 $ 9,375.00 $ 115.00 $ 14,375.00 $ 80.00 $ 10,000.00 $ 165.00 $ 20,625.00 $ 250.00 $ 31,250.00 $ 192.50 $ 24,062.50 57 Sidewalk Replacement 70 SF $ 10.00 $ 700.00 $ 44.00 $ 3,080.00 $ 80.00 $ 5,600.00 $ 55.00 $ 3,850.00 $ 50.00 $ 3,500.00 $ 55.00 $ 3,850.00 58 Pavement Restoration 140 SF $ 10.00 $ 1,400.00 $ 12.00 $ 1,680.00 $ 20.00 $ 2,800.00 $ 55.00 $ 7,700.00 $ 50.00 $ 7,000.00 $ 33.00 $ 4,620.00 Site 16 59 Drop Inlet 1 EA $ 5,000.00 $ 5,000.00 $ 5,697.00 $ 5,697.00 $ 4,000.00 $ 4,000.00 $ 5,000.00 $ 5,000.00 $ 7,500.00 $ 7,500.00 $ 2,800.00 $ 2,800.00 60 Inserta Tee 1 EA $ 450.00 $ 450.00 $ 1,951.00 $ 1,951.00 $ 1,000.00 $ 1,000.00 $ 4,000.00 $ 4,000.00 $ 2,500.00 $ 2,500.00 $ 3,500.00 $ 3,500.00 61 12" PVC Storm Drain by Open Cut 9 LF $ 300.00 $ 2,700.00 $ 283.00 $ 2,547.00 $ 500.00 $ 4,500.00 $ 400.00 $ 3,600.00 $ 1,500.00 $ 13,500.00 $ 800.00 $ 7,200.00 62 Curb and Gutter 6 LF $ 75.00 $ 450.00 $ 213.00 $ 1,278.00 $ 85.00 $ 510.00 $ 245.00 $ 1,470.00 $ 500.00 $ 3,000.00 $ 192.50 $ 1,155.00 63 Sidewalk Replacement 30 SF $ 10.00 $ 300.00 $ 44.00 $ 1,320.00 $ 80.00 $ 2,400.00 $ 65.00 $ 1,950.00 $ 90.00 $ 2,700.00 $ 55.00 $ 1,650.00 Total Project Construction Cost $ 1,053,936.00 $ 937,437.00 $ 956,690.00 $ 999,745.00 $ 1,148,080.00 $ 1,377,315.00 Comments Bid item total didn't equal project total even after accounting for mistake of not multiplying the unit price with estimated quantity ($2,000 difference). Bid total submitted was $1,154,580. Bid item total didn't equal project total. Either the unit price is supposed to say $268.40 to get $10,736 or its as written ($286.40) and the totals would not match. Bid total submitted was $1,376,595.00. PROJECT LOCATION MAP /D ti � ?HEer u� re ORAY rCRE FRnw- 12 \Y 0 < n ­- 0 a 0 0 —e - m Z _ E-E: GRAPHIC SCALE — (w Bear RJL CITY OF BURLINGAME L`" FREYE��-QQ�� SAN MATEO COUNTY CALIFORNIA R(tIY4:4> p K� LAURE, p rern ay: KP,LH xc EnanEEas sumnoxs �ausTwcnox a°s NEIGHBORHOOD STORM DRAIN #12 PROJECT LOCATION MAP n CITY PROJECT NO. 85600 NO. DATE ISSUE REVISION DESCRIPTION BY BY DATE (as°aaasa�M�ex (aso�aa�sna��rmwireyeneurem.cor SHEETS BURLINGAME STAFF REPORT AGENDA NO: 8i MEETING DATE: August 17, 2020 To: Honorable Mayor and City Council Date: August 17, 2020 From: Syed Murtuza, Director of Public Works — (650) 558-7230 Subject: Adoption of Resolutions Awarding a Construction Contract in the Amount of $828,280 to Cratus, Inc. for the Burlingame Avenue Storm Drainage Improvement Project and Approving a Professional Services Agreement with Anchor Engineering, Inc. in the Amount of $179,366 for Construction Management Services Related to the Project RECOMMENDATION Staff recommends that the City Council adopt the attached resolutions as follows: (1) Awarding a construction contract to Cratus, Inc. for the Burlingame Avenue Storm Drainage Improvement Project, City Project No. 85900, in the amount of $828,280, and authorizing the City Manager to execute the contract; and (2) Approving a professional services agreement with Anchor Engineering, Inc. in the amount of $179,366 for construction management services related to the project, and authorizing the City Manager to execute it on behalf of the City. BACKGROUND The Burlingame Avenue Storm Drainage Improvement Project will reduce the local ponding/flooding issues and increase the storm drain system capacity for the Oak Grove Manor, Lyon Hoag, and Victoria Park neighborhoods. Burlingame Avenue from East Lane to Rollins Road utilizes the gutter along the roadway to convey stormwater. Due to the relatively flat grade of the roadway surface, areas that have been uplifted or depressed by tree roots result in localized ponding nuisances. The goal of this project is to address the most severe ponding issues that encroach into the traffic lane and extend onto the sidewalk. The project construction limits are from Bloomfield Road to Rollins Road and consist of the installation of approximately 1,995 linear feet of new 12-inch diameter storm drain pipe with the construction of 15 new storm drain inlets at various intersections to intercept and collect the stormwater. DISCUSSION Construction Contract: The project engineering design was successfully completed and was advertised for construction bids on July 2, 2020. The bids were opened on July 30, 2020. The City received ten bid proposals, with bids ranging from $828,280 to $1,290,847. Cratus, Inc. is the 1 Construction Contract Award to Cratus, Inc. for the Burlingame Avenue August 17, 2020 Storm Drainage Improvement Project, and Professional Services Agreement with Anchor Engineering for Construction Management, City Project No. 85900 lowest responsible bidder with its bid amount of $828,280, which is 17% lower than the engineer's estimate of $1,000,000. Staff has reviewed the Cratus, Inc. bid proposal and determined that the contractor has met all the project requirements and has a history of successfully performing similar work for the City and for other public agencies. As a result, staff recommends that the Council award the construction contract to Cratus, Inc. Professional Services Agreement: Anchor Engineering, Inc. was one of 14 firms that submitted a statement of qualifications (SOQ) to perform construction management services for City projects for FY 2020-21. Anchor Engineering, Inc. was selected as the top qualified firm to provide a proposal for the Burlingame Avenue Storm Drainage Improvement Project due to their past experience on other storm drainage projects and availability. Staff has negotiated the following scope of professional services with Anchor Engineering, Inc, in the amount of $179,366, which is detailed in Exhibit A of the agreement: • Attend and manage pre -construction meetings between the City and Contractor; • Review and advise the City on Contractor's overall and weekly construction schedule; • Provide public outreach and notifications; • Perform daily construction inspection services for an estimated 70 construction working days; • Prepare daily written construction reports and maintain photographic records of the project; • Attend weekly construction progress meetings, perform necessary field engineering work, and perform quality assurance assessments; • Provide material testing services as -needed; • Perform project close-out inspections and develop final punch list; • Review and process construction progress payments and change orders; and • Provide a final report and advise the City on final payment. The professional services fee of $179,366 represents approximately 22% of the estimated construction cost. The fee is consistent with industry standards for construction management and inspection services, and includes fees related to material testing, based on the scope and complexity of the project involving various methods of storm drain improvements. The project construction is tentatively set to begin in September 2020 and will be completed by January 30, 2021, barring delays. Staff will conduct public outreach to the affected residents and will coordinate with the contractor to minimize construction impacts and inconveniences. FISCAL IMPACT The following are the estimated project construction expenditures: Construction Contract $828,280 Construction Contingencies (15%) $124,242 Construction Management $179,366 Design and Administration $200,000 Total $1,331,888 2 Construction Contract Award to Cratus, Inc. for the Burlingame Avenue August 17, 2020 Storm Drainage Improvement Project, and Professional Services Agreement with Anchor Engineering for Construction Management, City Project No. 85900 Funding Availability: There are adequate funds available in the Capital Improvement Program funded by the Storm Drainage Fee under the Burlingame Avenue Storm Drainage Improvement Project (85900) to complete the work. 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 CRATUS, INC. FOR THE BURLINGAME AVENUE STORM DRAINAGE IMPROVEMENT PROJECT AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT CITY PROJECT NO. 85900 WHEREAS, on July 2, 2020, the City issued notice inviting bid proposals for the Burlingame Avenue Storm Drainage Improvement Project, City Project No. 85900; and WHEREAS, on July 30, 2020, 10 bid proposals were received and opened before the City Clerk and representatives of the Public Works Department; and WHEREAS, Cratus, Inc., submitted the lowest responsible bid for the job in the amount of $828,280. 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 Cratus, Inc., for said project in the amount of $828,280, 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 17'h day of August, 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 ANCHOR ENGINEERING, INC. FOR THE CONSTRUCION MANAGEMENT, INSPECTION, AND MATERIAL TESTING SERVICES FOR THE BURLINGAME AVENUE STORM DRAINAGE IMPROVEMENT PROJECT AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT CITY PROJECT NO. 85900 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 17tn day of August, 2020 and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Meaghan Hassel -Shearer, City Clerk AGREEMENT FOR PUBLIC IMPROVEMENT BURLINGAME AVENUE STORM DRAINAGE IMPROVEMENT PROJECT CITY PROJECT NO. 85900 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 Cratus, Inc., a State of incorporation, 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 August 17, 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 those Contract Documents entitled: BURLINGAME AVENUE STORM DRAINAGE IMPROVEMENT PROJECT, CITY PROJECT NO. 85900. 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, AGREEMENT-1 addenda, complete plans, profiles, and detailed drawings contained in the bid documents titled "BURLINGAME AVENUE STORM DRAINAGE IMPROVEMENT, CITY PROJECT NO. 85900" 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 eight hundred and twenty-eight thousand, two hundred and eighty dollars ($828,280.00), 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 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 AGREEMENT-2 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: Martin Quan City of Burlingame 501 Primrose Road Burlingame, California 94010 Notices required to be given to Contractor shall be addressed as follows: Michael Kirwan Cratus, Inc. 945 Taraval Street, #302 San Francisco, CA 94116 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. 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 original of this Agreement, have been duly executed by the AGREEMENT-4 parties hereinabove named on the day and year first hereinabove written. CITY OF BURLINGAME, a Municipal Corporation Lisa K. Goldman, City Manager Approved as to form: Kathleen Kane, City Attorney ATTEST: Meaghan Hassel -Shearer, City Clerk "CONTRACTOR" Print Name: Michael Kirwan Cratus, Inc. AGREEMENT-5 AGREEMENT FOR PROFESSIONAL CONSTRUCTION MANAGEMENT, INSPECTION, AND MATERIAL TESTING WITH ANCHOR ENGINEERING, INC. FOR BURLINGAME AVENUE STORM DRAINAGE IMPROVEMENT PROJECT CITY PROJECT NO. 85900 THIS AGREEMENT is entered into this day of 2020, by and between the City of Burlingame, State of California, herein called the "City", and Anchor Engineering, Inc. engaged in providing Professional Construction Management, Inspection, and Material Testing 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 Burlingame Avenue Storm Drainage Improvement Project, City Project No. 85900. B. The City desires to engage a professional construction management firm to provide these services because of Consultant's experience and qualifications to perform the desired work, described in Exhibit A. C. The Consultant represents and affirms that it is qualified and willing to perform the desired work pursuant to this Agreement. AGREEMENTS NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Scope of Services. The Consultant shall provide professional engineering services such as inspection and material testing services, 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 February 1, 2021. 3. Compliance with Laws. The Consultant shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws. Consultant represents and warrants to City that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Page 1 of 8 Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to practice its profession. Consultant shall maintain a City of Burlingame business license. 4. Sole Responsibility. Consultant shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement. 5. Information/Report Handling. All documents furnished to Consultant by the City and all reports and supportive data prepared by the Consultant under this Agreement are the City's property and shall be delivered to the City upon the completion of Consultant's services or at the City's written request. All reports, information, data, and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential until released by the City to the public, and the Consultant shall not make any of these documents or information available to any individual or organization not employed by the Consultant or the City without the written consent of the City before such release. The City acknowledges that the reports to be prepared by the Consultant pursuant to this Agreement are for the purpose of evaluating a defined project, and City's use of the information contained in the reports prepared by the Consultant in connection with other projects shall be solely at City's risk, unless Consultant expressly consents to such use in writing. City further agrees that it will not appropriate any methodology or technique of Consultant which is and has been confirmed in writing by Consultant to be a trade secret of Consultant. 6. Compensation. Compensation for Consultant's professional services shall not exceed 179 366; and payment shall be based upon City approval of each task. Billing shall include current period and cumulative expenditures to date and shall be accompanied by a detailed explanation of the work performed by whom at what rate and on what date. Also, plans, specifications, documents or other pertinent materials shall be submitted for City review, even if only in partial or draft form. 7. Availability of Records. Consultant shall maintain the records supporting this billing for not less than three (3) years following completion of the work under this Agreement. Consultant shall make these records available to authorized personnel of the City at the Consultant's offices during business hours upon written request of the City. Page 2 of 8 8. Project Manager. The Project Manager for the Consultant for the work under this Agreement shall be Christopher Coles, President. 9. Assignability and Subcontracting. The services to be performed under this Agreement are unique and personal to the Consultant. No portion of these services shall be assigned or subcontracted without the written consent of the City. 10. Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to: To City: Martin Quan City of Burlingame 501 Primrose Road Burlingame, CA 94010 To Consultant: Christopher Coles Anchor Engineering, Inc. 3685 Mt. Diablo Blvd., Suite 345 Lafayette, CA 94549 or personally delivered to Consultant to such address or such other address as Consultant designates in writing to City. 11. Independent Contractor. It is understood that the Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and not an agent or employee of the City. As an independent contractor he/she shall not obtain any rights to retirement benefits or other benefits which accrue to City employee(s). With prior written consent, the Consultant may perform some obligations under this Agreement by subcontracting, but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement. Consultant agrees to testify in any litigation brought regarding the subject of the work to be performed under this Agreement. Consultant shall be compensated for its costs and expenses in preparing for, traveling to, and testifying in such matters at its then current hourly rates of compensation, unless such litigation is brought by Consultant or is based on allegations of Consultant's negligent performance or wrongdoing. Page 3 of 8 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 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 Page 4 of 8 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 shall be excess of the Consultant's insurance and shall not contribute with it. Page 5 of 8 iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. iv. The Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability. C. In addition to these policies, Consultant shall have and maintain Workers' Compensation insurance as required by California law. Further, Consultant shall ensure that all subcontractors employed by Consultant provide the required Workers' Compensation insurance for their respective employees. D. All Coverages: Each insurance policy required in this item shall be endorsed to state that coverage shall not be canceled except after thirty (30) days' prior written notice by mail, has been given to the City (10 days for non-payment of premium). Current certification of such insurance shall be kept on file at all times during the term of this agreement with the City Clerk. E. Acceptability of Insurers: Insurance is to be placed with insurers with a Best's rating of no less than A-:VII and authorized to do business in the State of California. F. Verification of Coverage: Upon execution of this Agreement, Contractor shall furnish the City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms approved by the City. All certificates and endorsements are to be received and approved by the City before any work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 15. Indemnification. To the fullest extent permitted by law, Consultant shall save, keep and hold harmless indemnify and defend the City, its officers, employees, authorized agents and volunteers from all damages, liabilities, penalties, costs, or expenses in law or equity, including but not limited to attorneys' fees, that may at any time arise, result from, relate to, or be set up because of damages to property Page 6 of 8 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" Anchor Engineering, Inc. Print Name: Christopher Coles Title: President Page 8 of 8 Anchor Engineering Project and Construction Management July 27, 2020 Martin Quan, P.E., Senior Civil Engineer City of Burlingame 501 Primrose Road Burlingame CA 94010 Subject: Proposal to City of Burlingame for Construction Management of Burlingame Avenue Storm Drainage Improvement Project, City Project No. 85900 Dear Martin: Thank you for asking Anchor to propose our approach to construction management, inspection, and testing services for this project. We understand that you want full -service CM, inspection, and testing for this project. This project will be performed in conjunction with Neighborhood Storm Drain Project #12, City Project No. 85600. These projects will be performed concurrently but under separate prime construction contracts. These projects are both estimated to cost $1,000,000, and are 180 and 70 working days in duration, respectively. Our approach is to assign Norman Akana as Construction Manager. Norman will be assisted by Anthony Fanucci as primary inspector. Norman's and Anthony's resumes are attached. They are both capable, experienced construction representatives for public agencies, accustomed to working in residential neighborhoods and communicating well with residents. Please see the attached Scope of Services detailing our expected activities on the City's behalf. Please see the attached fee proposal and fee schedule. Each of our monthly invoices will provide a summary showing the budget status of our contract. Please contact me by cell phone or text at (510) 393-5112 if you want to discuss any aspect of the project or this proposal. I look forward to helping you achieve a successful project. Sincerely, for Anchor Engineering, Inc. Christopher Coles, P.E. President / Principal Construction Engineer 3685 Mt. Diablo Blvd, Ste 345, Lafayette, CA 94549 Phone: (925) 385-0950 Fax: (925) 385-0424 A Certified DVBE & SBE Firm Fee Proposal, CMI and testing for Burlingame Avenue SD Improvements Anchor CM, July 28, 2020 average LOE per week # of weeks # of Hours Rate Amount Project familiarization and setup Principal in Charge 2 1 2 215 $430 Construction Manager/Inspector 40 1 40 172 $6,880 Procore/office engineer 12 1 12 106 $1,272 Subtotal $8,582 Construction period and closeout (estimated 80 working days) Principal in Charge 4 16 64 215 $13,760 Construction Manager/Inspector 26 16 416 172 $71,552 Inspector (prevailing wage) 24 16 384 157 $60,288 Procore/office engineer 4 16 64 106 $6,784 Subtotal $152,384 Direct Expenses Vehicle, cell/data, laptop 4 1600 $6,400 Testing and special inspection (1.5% of construction cost) $10,000 ODC allowance (repro, late shift lodging, misc. field expense) $2,000 Subtotal $18,400 Total Fee $179,366 Assumptions: 1. Hourly rates include all direct and indirect costs at straight rates. 2. Level of effort and fee is an estimate only. 3. AnchorCM will invoice the District only for hours worked and expenses incurred. 4. Labor Compliance services not included. 5. Contract extension, overtime or shift work may incur higher costs. 6. This project performed concurrently and in conjunction with Neighborhhood SD #12 project. * Aseparate Procore project will be set up to contain drawings and other records AnchorCM _12%e 2020 Fee Schedule Principal Forensic Engineer/Expert Witness $ 330.00 Principal Consultant $ 301.00 Principal -in -Charge $ 252.00 Engineer/Manager Project Principal Engineer/CM $ 241.00 Senior Engineer/CM $ 215.00 Associate Engineer/CM $ 195.00 Staff Engineer/CM Level 4 (PE or equivalent) $ 172.00 Staff Engineer/CM Level 3 (PE or equivalent) $ 157.00 Staff Engineer/CM Level 2 (EIT or equivalent) $ 146.00 Staff Engineer/Deputy CM Level 1 $ 123.00 Junior Engineer/Assistant CM $ 106.00 Engineering Technician Senior Engineering Technician $ 150.00 Mid Engineering Technician $ 117.00 Engineering Technician $ 94.00 Inspector Construction Representative / Senior Inspector $ 155.00 Prevailing Wage Building / Construction Inspector $ 144.00 Prevailing Wage Soils / AC Inspector $ 144.00 Project Administrative Staff Senior Contract Administrator $ 150.00 Bookkeeper $ 150.00 Contract Administrator $ 96.00 Contract Administration Assistant $ 71.00 Notes: 1. Field vehicles will be billed at $1,600/month; cell phone and mobile broadband service billed at $85/mo. 2. Other direct costs (ODCs) and subconsultant fees are billed separately at ACM cost plus 10%. 3. Four- and eight -hour minimums apply for cancellations, tasks requiring travel, and legal appearances. 4. Contract project staff will be billed at the contract rate for legal work and appearances, with yearly escalation applied. 5. Inspector rates may vary due to prevailing wage requirements and determinations of the California Department of Industrial Relations. CITY OF BURLINGAME - Professional CM, Inspection, and Materials Testing Services for Sanitary Sewer, Storm Water, and Potable Water System Improvements Section 4: Project Approach Service Function PRE -CONSTRUCTION PHASE ACTIVITIES Deliverables Biddability/ Identify potential conflicts, ambiguities and deficiencies Report with Constructability Review in contract documents that could lead to higher bid recommendations prices, change orders, delays and claims. Pre -bid meeting minutes Bidding Assistance Participate in -pre-bid conference. Review bids. Make g recommendations to City on awarding contract. Recommendations for award CONSTRUCTION PHASE ACTIVITIES Preconstruction Outline project specifics. Inform contractor of project Agenda Conference administration procedures. Meeting minutes Construction Implement system for organizing, tracking, filing, and Paper files Management managing paper and electronic correspondence, Electronic files Information System including letters, RFI, submittals, contracts, reports, Correspondence logs (CIMS) 0&M manuals, progress payments, change orders, etc. Suspense lists Foster improved project team communications Conversations, meetings, Communications through written, verbal and electronic communication. correspondence, memos, Keep project team well informed. e-mail Monitor contractor's baseline and 3-week look -ahead Schedule reports Schedule Management g schedules. Notify parties of actual or potential Notifications of schedule deviation from schedule. Work with project team to correct non-compliance with schedule. status Weekly Meetings Conduct weekly meetings to discuss schedule, Agenda meeting minutes progress, current and past issues. Schedule suspense logs Analyze issues, seek appropriate advice and Design clarifications Issues Management recommend redesign parameters. Contract change orders Make recommendations and implement procedures Dispute avoidance Dispute Resolution for reducing the likelihood of disputes and claims. procedures and recommendations Observe and monitor all aspects of project for Quality Control/ compliance with contract documents. Notify contractor Daily inspection reports Inspection when work is not in compliance. Prepare daily Photos and videos inspection reports. Provide photographic and video documentation. Review contractor's payment requests. Verify Progress payment request Progress Payments contractor pay items. Prepare payment documentation documents suitable for for execution by District. execution by District Change Orders Review potential change orders for contractual and Independent cost technical merit. Negotiate and prepare change orders estimates P20-20 COB ANCHORCM C Z June 1, 2020 Page 9 Representing the Public Since 2003 CITY OF BURLINGAME - Professional CM, Inspection, and Materials Testing Services for Sanitary Sewer, Storm Water, and Potable Water System Improvements Section 4: Project Approach (Continued) for execution by District. Keep District apprised of the Change orders ready for impact of cumulative change orders. execution Materials Testing/ Laboratory, jobsite and offsite testing of construction Materials test reports Special Inspection materials. CLOSEOUT PHASE ACTIVITIES "As -Built" Drawings Collate, review, and transmit contractor's data. Data for record drawings Make final inspections. Prepare punch list. Verify that Final Wolkthrough certificates of compliance and as -built drawings have Punch list been delivered. Final Payment Process final progress payment to contractor. Final progress payment Claims Resolution Resolve remaining claims or disputes. Support claims Negotiation and litigation negotiation and provide litigation support. support Project Completion Final report Report and Project Prepare final report. Deliver project records to District. Complete project records Closeout P20-20 COB ANCHORCM C June 1, 2020 Page 10 Representing the Public Since 2003 f� CITY OF BURLINGAME - Professional CM, Inspection, and Materials Testing Services for Sanitary Sewer, Storm Water, and Potable Water System Improvements Appendix: Resumes (Continued) P20-20 COB ANCHORCM C June 1, 2020 Page 15 Representing the Public Since 2003 f� CITY OF BURLINGAME - Professional CM, Inspection, and Materials Testing Services for Sanitary Sewer, Storm Water, and Potable Water System Improvements Appendix: Resumes (Continued) • iti 7 ,t "1 , r .' •' 'fir P20-20 COB ANCHORCM June 1, 2020 Page 16 Representing the Public Since 2003 f� CITY OF BURLINGAME - Professional CM, Inspection, and Materials Testing Services for Sanitary Sewer, Storm Water, and Potable Water System Improvements Appendix: Resumes (Continued) P20-20 COB ANCHORCM June 1, 2020 Page 27 Representing the Public Since 2003 f� CITY OF BURLINGAME - Professional CM, Inspection, and Materials Testing Services for Sanitary Sewer, Storm Water, and Potable Water System Improvements Appendix: Resumes (Continued) • iti 7 ,t "1 , r .' •' 'fir P20-20 COB ANCHORCM June 1, 2020 Page 28 Representing the Public Since 2003 BASE BID SCHEDULE: Burlingame Avenue Storm Drainage Improvement (City Project No. 85900) Engineer's Estimate Cratus, Inc D&D Pipelines, Inc Westland Contractors, Inc. Mitchell Engineering Kerex Engineering Inc. Pacific Underground Construction Burch Construction Ghilotti Construction Company EPS INC, DBA Express Plumbing CF Contracting 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 UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST UNIT PRICE7 TOTAL COST UNIT PRICE TOTAL COST BASE BID SCHEDULE: General 1 Mobilization/Demobilization 1 LS 5% $ 50,000.00 $ 28,000.00 $ 28,000.00 $40,000.00 $ 40,000.00 $30,000.00 $ 30,000.00 $42,500.00 $ 42,500.00 $75,000.00 $ 75,000.00 $ 40,000.00 $ 40,000.00 $ 25,000.00 $ 25,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 2 Traffic Control 1 LS $ 10,000.00 $ 10,000.00 $ 20,000.00 $ 20,000.00 $40,000.00 $ 40,000.00 $10,000.00 $ 10,000.00 $40,750.00 $ 40,750.00 $15,000.00 $ 15,000.00 $ 1,500.00 $ 1,500.00 $120,000.00 $ 120,000.00 $ 55,000.00 $ 55,000.00 $ 15,000.00 $ 15,000.00 $150,000.00 $ 150,000.00 3 Construction Staking and Survey 1 LS $ 6,000.00 $ 6,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 3,000.00 $ 3,000.00 $19,000.00 $ 19,000.00 $ 7,500.00 $ 7,500.00 $ 4,200.00 $ 4,200.00 $ 5,000.00 $ 5,000.00 $ 2,800.00 $ 2,800.00 $ 8,000.00 $ 8,000.00 $ 15,000.00 $ 15,000.00 4 Site Investigation and Potholing 1 LS $ 12,000.00 $ 12,000.00 $ 5,000.00 $ 5,000.00 $50,000.00 $ 50,000.00 $ 5,000.00 $ 5,000.00 $ 9,050.00 $ 9,050.00 $ 7,500.00 $ 7,500.00 $ 10,000.00 $ 10,000.00 $ 15,000.00 $ 15,000.00 $ 50,000.00 $ 50,000.00 $ 9,000.00 $ 9,000.00 $ 30,000.00 $ 30,000.00 5 Stormwater Pollution Prevention 1 LS $ 8,000.00 $ 8,000.00 $ 2,500.00 $ 2,500.00 $ 5,000.00 $ 5,000.00 $10,000.00 $ 10,000.00 $17,290.00 $ 17,290.00 $ 5,000.00 $ 5,000.00 $ 2,000.00 $ 2,000.00 $ 5,000.00 $ 5,000.00 $ 4,500.00 $ 4,500.00 $ 10,000.00 $ 10,000.00 $ 5,000.00 $ 5,000.00 6 Dewatering Operations 1 LS $ 6,000.00 $ 6,000.00 $ 2,000.00 $ 2,000.00 $ 5,000.00 $ 5,000.00 $ 1,000.00 $ 1,000.00 $10,000.00 $ 10,000.00 $ 5,000.00 $ 5,000.00 $ 20,000.00 $ 20,000.00 $ 10,000.00 $ 10,000.00 $ 5,500.00 $ 5,500.00 $ 5,000.00 $ 5,000.00 $ 25,000.00 $ 25,000.00 Site 1 7 G1 Inlet 1 EA $ 8,000.00 $ 8,000.00 $ 4,500.00 $ 4,500.00 $ 8,000.00 $ 8,000.00 $ 4,000.00 $ 4,000.00 $ 9,288.00 $ 9,288.00 $10,000.00 $ 10,000.00 $ 4,500.00 $ 4,500.00 $ 8,000.00 $ 8,000.00 $ 10,800.00 $ 10,800.00 $ 12,000.00 $ 12,000.00 $ 11,000.00 $ 11,000.00 8 GO Inlet 11 EA $ 8,000.00 $ 88,000.00 $ 5,500.00 $ 60,500.00 $10,000.00 $ 110,000.00 $ 5,000.00 $ 55,000.00 $10,431.00 $ 114,741.00 $10,000.00 $ 110,000.00 $ 7,900.00 $ 86,900.00 $ 8,000.00 $ 88,000.00 $ 11,700.00 $ 128,700.00 $ 14,850.00 $ 163,350.00 $ 11,000.00 $ 121,000.00 9 GOL Inlet 3 EA $ 8,500.00 $ 25,500.00 $ 7,000.00 $ 21,000.00 $12,000.00 $ 36,000.00 $ 7,000.00 $ 21,000.00 $15,614.00 $ 46,842.00 $10,000.00 $ 30,000.00 $ 11,400.00 $ 34,200.00 $ 8,000.00 $ 24,000.00 $ 22,100.00 $ 66,300.00 $ 18,000.00 $ 54,000.00 $ 11,000.00 $ 33,000.00 Pipe Abandonment 1 LS $ 30,000.00 $ 30,000.00 10 12" PVC Storm Drain by Open Trench 1,995 LF $ 330.00 $ 658,350.00 $ 295.00 $ 588,525.00 $ 230.00 $ 458,850.00 $ 337.00 $ 672,315.00 $ 200.00 $ 399,000.00 $ 240.00 $ 478,800.00 $ 267.00 $ 532,665.00 $ 350.00 $ 698,250.00 $ 307.00 $ 612,465.00 $ 380.00 $ 758,100.00 $ 320.00 $ 645,760.00 11 Storm Drain Manhole 10 EA $ 10,000.00 $ 100,000.00 $ 7,250.00 $ 72,500.00 $ 8,000.00 $ 80,000.00 $ 5,000.00 $ 50,000.00 $11,000.00 $ 110,000.00 $ 7,500.00 $ 75,000.00 $ 13,700.00 $ 137,000.00 $ 10,000.00 $ 10,000.00 $ 12,500.00 $ 125,000.00 $ 10,000.00 $ 100,000.00 $ 11,875.00 $ 118,750.00 12 Curb and Gutter 214 LF $ 75.00 $ 16,050.00 $ 60.00 $ 12,840.00 $ 100.00 $ 21,400.00 $ 30.00 $ 6,420.00 $ 85.00 $ 18,190.00 $ 200.00 $ 42,800.00 $ 150.00 $ 32,100.00 $ 95.00 $ 20,330.00 $ 133.00 $ 28,462.00 $ 232.50 $ 49,755.00 $ 95.00 $ 24,225.00 13 Partial Driveway Replacement 455 SF $ 35.00 $ 15,925.00 $ 13.00 $ 5,915.00 $ 20.00 $ 9,100.00 $ 25.00 $ 11,375.00 $ 98.00 $ 44,590.00 $ 50.00 $ 22,750.00 $ 31.00 $ 14,105.00 $ 25.00 $ 11,375.00 $ 98.00 $ 44,590.00 $ 69.00 $ 31,395.00 $ 36.00 $ 32,112.00 TOTAL PROJECT CONSTRUCTION COST $ 1,003,825.00 $ 828,280.00 $ 868,350.00 $ 879,110.00 $ 881,241.00 $ 884,350.00 $ 919,170.00 $ 1,039,955.00 $ 1,184,117.00 $ 1,265,600.00 $ 1,290,847.00 Comments 1 Bid item total didn't equal project total because Burch didn't multiple unit price by estimated quantity. Bid total submited was $1,115,955. 2 CIF Contracting didn't use the addendum. Calculated total is shown as if they didn't use addendum. PROJECT LOCATION MAP D , i ��XY Y " o 07_ - � o Z GRAPHIC SCALE "'E CITY OF BURLINGAME " `� w� ° ZSIE� EngLEH REYE SAN MATED COUNTY CALIFORNIAF�(UA$V"�/°KDP LALlf�ET1� KDH I1vC. LOCATION MAPKDP �err+xeew sumrerou c°xswc,w" EBURLINGAME AVENUE STORM DRAINAGE IMPROVEMENT �CITY PROJECT NO. 85900 ,� NO. DATE ISSUE / REVISION DESCRIPTION BY RY Avovwi To: STAFF REPORT Honorable Mayor and City Council Date: August 17, 2020 AGENDA NO: 8j MEETING DATE: August 17, 2020 From: Syed Murtuza, Director of Public Works — (650) 558-7230 Subject: Adoption of a Resolution Awarding a Construction Contract to PC Inc. for the Fire Station Generators Replacement Project in the Amount of $587,080 and Authorizing the City Manager to Execute the Construction Contract RECOMMENDATION Staff recommends that the City Council adopt the attached resolution awarding a construction contract to PC Inc. for the Fire Station Generators Replacement Project, City Project No. 84950, in the amount of $587,080 and authorizing the City Manager to execute the construction contract. BACKGROUND The City Council has authorized funds for removal and replacement of the emergency generators at three Central County Fire Department stations: Station 34 at 799 California Drive, Station 35 at 2832 Hillside Drive, and Station 36 at 1399 Rollins Road. The existing generators are functional but are at the end of their design life span. The new generators will provide increased reliability to allow the fire stations to continue to provide services with reliable and adequate backup emergency generators. At Fire Station 34, the existing 125 KW generator will be replaced with a new generator of the same size. At Fire Stations 35 and 36, the existing 33 KW generators will be replaced with larger 60 KW generators. The design engineer conducted load studies to ensure that the new generators will have sufficient power to supply the essential needs of the fire stations. Fire Station Existing Generator Capacity (KW) New Generator Capacity (KW) 34 125 125 35 33 60 36 33 60 In addition, the automatic transfer switch, which automatically transfers power to generator power in the event of a PG&E power outage, will be replaced at each of the three fire stations. Award of Construction Contract to PC Inc. August 17, 2020 for the Fire Station Generators Replacement Project DISCUSSION The project was advertised for bids on June 22, 2020, and the sealed bids were opened on July 16, 2020. The City received three bids, ranging from $587,080 to $872,645. PC Inc. is the responsible low bidder with its bid amount of $587,080, which is approximately 50 percent lower than the engineer's estimate of $1,154,106. Staff has reviewed PC Inc.'s proposal and finds that the contractor has met all the project requirements and has a past history of performing similar work successfully for the City of Burlingame and other agencies. Additionally, PC Inc. successfully replaced the emergency generator at the Burlingame Police Station in 2019. As a result, staff recommends that the City Council award the project to PC Inc. and authorize the City Manager to execute the construction contract. The project is anticipated to begin in October 2020 and be completed by March 2021. FISCAL IMPACT Estimated Project Expenditures: The following are the estimated project construction expenditures: Construction $587,080 Construction Contingency (15%) $88,062 Construction Management $40,000 Engineering Administration and Testing $24,858 Total $740,000 Funding Availability: There are adequate funds available in the Capital Improvement Program Budget to complete the project. 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 PC INC. FOR THE FIRE STATION GENERATORS REPLACEMENT PROJECT AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT CITY PROJECT NO. 84950 WHEREAS, on June 22, 2020, the City issued notice inviting bid proposals for the Fire Station Generators Replacement Project, City Project No. 84950; and WHEREAS, on July 16, 2020, all proposals were received and opened before the City Clerk and representatives of the Public Works Department; and WHEREAS, PC Inc. submitted the lowest responsible bid for the job in the amount of $587,080. 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 PC Inc. for the project in the amount of $587,080 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 17'h day of August, 2020, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Meaghan Hassel -Shearer, City Clerk AGREEMENT FOR PUBLIC IMPROVEMENT FIRE STATION GENERATORS REPLACEMENT PROJECT CITY PROJECT NO. 84950 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 PC 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: FIRE STATION GENERATORS REPLACEMENT PROJECT, CITY PROJECT NO. 84950 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 FIRE STATION GENERATORS REPLACEMNT PROJECT, CITY PROJECT NO. 84950; 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 AGREEMENT-1 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 Five Hundred Eighty Seven Thousand Eighty Dollars ($587,080), 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: Mr. Johnson Woo Facilities and Fleet Division Manager City of Burlingame 1361 N. Carolan Avenue Burlingame, California 94010 Notices required to be given to Contractor shall be addressed as follows: Mr. Mark Crisp President PC Inc. 960 W. Grand Avenue Grover Beach, CA 93433 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 By Lisa K. Goldman, City Manager Approved as to form: Kathleen Kane, City Attorney ATTEST: Meaghan Hassel -Shearer, City Clerk PC INC. By Print Name: Company Name: AGREEMENT-5 Fire Station Generators Replacement Project City Project No. 84950 BID SUMMARY Fire Station 34 P.C. Inc. NEMA Construction ERBCO Construction Services, Inc. ITEM ITEM DESCRIPTION No. CITY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 Mobilization / Demobilization LS LS $ 10,000.00 $ 10,000.00 $ - $ 13,500.00 $ 13,500.00 Remove Existing Generator including and not limited to transportation and disposal of generator and auxiliary apparatus; removing and 2 disposing of existing exhaust piping; removing and LS LS $ 20,000.00 $ 20,000.00 $ 11,300.00 $ 11,300.00 $ 50,000.00 $ 50,000.00 disposing of all fuel in existing storage tank; and removing and disposing of existing building facilities associated with the existing generator. Purchase and install new generator, including but not limited to housekeeping pad; design and installation of all anchorage and braces; exhaust piping; silencer; building and roof modifications; 3 conduits and wiring; startup, testing and training; LS LS $ 154,380.00 $ 154,380.00 $ 252,100.00 $ 252,100.00 $ 147,500.00 $ 147,500.00 Bay Area Air Quality Management District permits to construct and operate; and all auxiliary apparatus and accessories required for a fully functional engine generator. Replace Automatic Transfer Switch including but 4 not limited to all required conduits, wires and LS LS $ 20,000.00 $ 20,000.00 $ 14,910.00 $ 14,910.00 $ 40,000.00 $ 40,000.00 testing. Provide and install temporary backup power 5 during construction, including but not limited to LS LS $ 10,000.00 $ 10,000.00 $ 12,900.00 $ 12,900.00 $ 2,000.00 $ 2,000.00 protable generator and all equipment and wiring. 5,000.00 $ 5,000.00 $ 8,100.00 $ 8,100.00 $ 20,000.00 $ 20,000.00 6 Remote Monitoring System including but not LS JLS$ limited to installation, startup and testing. Total Base Bid $ 219,380.00 $ 219,380.00 $ 299,310.00 $ 299,310.00 $ 273,000.00 $ 273,000.00 Fire Station Generators Replacement Project City Project No. 84950 BID SUMMARY Fire Station 35 P.C. Inc. NEMA Construction ERBCO Construction Services, Inc. ITEM ITEM DESCRIPTION UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT No. CITY UNIT 1 Mobilization / Demobilization LS LS $ 10,000.00 $ 10,000.00 $ $ 13,500.00 $ 13,500.00 Remove Existing Generator including and not limited to transportation and disposal of generator and auxiliary apparatus; removing and 2 disposing of existing exhaust piping; removing and LS LS $ 20,000.00 $ 20,000.00 $ 10,500.00 $ 10,500.00 $ 50,000.00 $ 50,000.00 disposing of all fuel in existing storage tank; and removing and disposing of existing building facilities associated with the existing generator. Purchase and Install new Generator. Including but not limited to housekeeping pad; design and installation of all anchorage and braces; exhaust piping; silencer; building and roof modifications; 3 conduits and wiring; startup, testing and training; LS LS $ 122,500.00 $ 122,500.00 $ 246,300.00 $ 246,300.00 $ 130,000.00 $ 130,000.00 Bay Area Air Quality Management District permits to construct and operate; and all auxiliary apparatus and accessories required for a fully functional engine generator. Replace Automatic Transfer Switch including but 4 not limited to all required conduits, wires and LS LS $ 15,000.00 $ 15,000.00 $ 13,910.00 $ 13,910.00 $ 40,000.00 $ 40,000.00 testing. Provide and Install temporary backup power 5 during construction including but not limited to LS LS $ 10,000.00 $ 10,000.00 $ 7,200.00 $ 7,200.00 $ 2,000.00 $ 2,000.00 protable generator and all equipment and wiring. 5,000.00 $ 5,000.00 $ 8,300.00 $ 8,300.00 $ 20,000.00 $ 20,000.00 6 Remote Monitoring System including but not LS JLS$ limited to installation, startup and testing. Total Base Bid $ 182,500.00 $ 182,500.00 $ 286,210.00 $ 286,210.00 $ 255,500.00 $ 255,500.00 Fire Station Generators Replacement Project City Project No. 84950 BID SUMMARY Fire Station 36 P.C. Inc. NEMA Construction ERBCO Construction Services, Inc. ITEM ITEM DESCRIPTION UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT No. CITY UNIT 1 Mobilization / Demobilization LS LS $ 10,000.00 $ 10,000.00 $ - $ 13,500.00 $ 13,500.00 Remove existing generator including and not limited to transportation and disposal of generator and auxiliary apparatus; removing and 2 disposing of existing exhaust piping; removing and LS LS $ 20,000.00 $ 20,000.00 $ 12,400.00 $ 12,400.00 $ 50,000.00 $ 50,000.00 disposing of all fuel in existing storage tank; and removing and disposing of existing building facilities associated with the existing generator. Purchase and install new generator, including but not limited to housekeeping pad; design and installation of all anchorage and braces; exhaust piping; silencer; building and roof modifications; 3 conduits and wiring; startup, testing and training; LS LS $ 125,200.00 $ 125,200.00 $ 241,125.00 $ 241,125.00 $ 140,000.00 $ 140,000.00 Bay Area Air Quality Management District permits to construct and operate; and all auxiliary apparatus and accessories required for a fully functional engine generator. Replace Automatic Transfer Switch including but 4 not limited to all required conduits, wires and LS LS $ 15,000.00 $ 15,000.00 $ 14,600.00 $ 14,600.00 $ 40,000.00 $ 40,000.00 testing. Provide and Install temporary backup power 5 during construction including but not limited to LS LS $ 10,000.00 $ 10,000.00 $ 7,200.00 $ 7,200.00 $ 2,000.00 $ 2,000.00 protable generator and all equipment and wiring. $ 5,000.00 $ 5,000.00 $ 11,800.00 $ 11,800.00 $ 20,000.00 $ 20,000.00 6 Remote Monitoring System including but not LS LS limited to installation, startup and testing. Total Base Bid $ 185,200.00 $ 185,200.00 $ 287,125.00 $ 287,125.00 $ 265,500.00 $ 265,500.00 Grand Total - 3 Fire Stations P.C. Inc. NEMA Construction ERBCO Construction Services, Inc. $587,080 $872,645 $794,000 Project Location Map M III brae Myatt Rig G ncc S au _9 Fire Station 36 Recreation Ar-ea Fire Station 34 Fire Station 35 Burlingame �'� �a Cl San Mates k r� Cl.. BURL— iN�AME AGENDA NO: 8k STAFF REPORT MEETING DATE: August 17, 2020 To: Honorable Mayor and City Council Date: August 17, 2020 From: Carol Augustine — (650) 558-7222 Subject: Adoption of a Resolution Confirming the Storm Drainage Fee for Fiscal Year 2020-21 with No Inflationary Increase RECOMMENDATION Staff recommends that the City Council adopt a resolution clarifying the action taken at the April 20, 2020 meeting, which established the storm drainage fee for fiscal year 2020-21 at the same level as in the preceding fiscal year, with no inflationary increase. BACKGROUND The City of Burlingame Ordinance (as approved by the voters) determines the methodology for adjusting the annual storm drainage fee. The ordinance language is as follows: 4.30.030 Settinq the fee. (a) Commencing with fiscal year 2010-11, the city council, following a public hearing, shall determine the storm drainage fee. In no event shall the square footage rate for impervious area be increased beyond that rate approved by a majority vote of the property owners subject to the storm drainage fee without further approval by a majority vote of the property owners subject to the storm drainage fee; provided, however, that, without approval by a majority vote of the property owners subject to the storm drainage fee, the maximum per square foot rate for impervious area, commencing fiscal year 2010-2011, may be increased by an amount equal to the change in the Consumer Price Index for all Urban Consumers for the area including San Mateo County (the "CPI"), including all items as published by the U.S. Bureau of Labor Statistics as of March 1st of each year, not to exceed a maximum increase of two (2) percent per year. (b) The storm drainage fee shall not be deemed to be increased in the event the actual fee upon a parcel in any given year is higher due to an increase in the amount of the impervious area of the subject parcel. (c) In any year in which the city council does not change the rate per square foot of impervious area, the previously adopted fee shall continue in full force and effect for the next fiscal year. Property owners whose storm drainage is increased/decreased as a result a change in impervious area have appeal rights under Section 4.30.050. 1 Storm Drainage Fee for Fiscal Year 2020-21 August 17, 2020 (d) The city council shall not be required to enact an inflation increase in each year but may accumulate the inflationary increases and enact the cumulative amount. (Ord. 1836 § 2, (2009)) ni-qri is-qinN On April 6, 2020, the City Council was presented with a staff report and resolution which acknowledged that the increase in the annual CPI index exceeded the 2% cap denoted in the ordinance. The resolution, if adopted, would have established the fee for fiscal year 2020-21 at a rate of $0.05187 — 2% higher than the rate of the preceding fiscal year. However, at the meeting Councilmember Brownrigg made a motion that the Council not pass a rate increase for the fiscal year; this motion was seconded and passed by a roll call vote of 3-2. The list of storm drainage fees, which reflects no CPI increase in the fee, has been submitted to the County of San Mateo for collection on the property bills. Such action does not require a resolution per the ordinance 4.30.030 (c). However, given the divergence of the Council action with the resolution attached to the staff report, a modified resolution that clarifies the action taken by the Council is appropriate for the record. FISCAL IMPACT The establishment of the storm drainage fee for fiscal year 2020-21 at the same rate as the preceding fiscal year (5.086 cents per impervious square foot) will produce estimated revenue of nearly $3.0 million in fiscal year 2020-21 for the City's Storm Drainage Fund, as reflected in the City of Burlingame's Budget for the 2020-21 fiscal year. Exhibit: • Resolution 2 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME LEVYING A STORM DRAINAGE FEE ON ALL PARCELS IN THE CITY OF BURLINGAME FOR FISCAL YEAR 2020-21 AND DIRECTING THAT A LIST OF THE STORM DRAINAGE FEES FOR BURLINGAME PARCELS BE PROVIDED TO THE COUNTY OF SAN MATEO FOR PLACEMENT ON THE 2020-21 TAX BILLS RESOLVED, by the CITY COUNCIL OF THE CITY OF BURLINGAME that: WHEREAS, pursuant to, and in accordance with the provisions of, Article XIIID of the California Constitution (Proposition 218), the City of Burlingame held a mail ballot election on May 5, 2009 to consider the enactment of an annual storm drainage fee; and WHEREAS, the City Clerk certified the results to the City Council; the City Council declared the storm drainage fee to be approved; and the City Council levied the storm drainage fee on all parcels in Burlingame for fiscal year 2009-2010; and WHEREAS, pursuant to section 4.30.030 of the Burlingame Municipal Code, the City Council is required each fiscal year to determine the storm drainage fee for parcels in the city, not to exceed the fee rate established by the electorate; and WHEREAS, pursuant to the authority granted by the electorate in the May 2009 election, the City Council may increase the storm drainage fee each fiscal year by the annual CPI index for all urban consumers, San Francisco region, but not to exceed 2%; and WHEREAS, the annual CPI index for all urban consumers, San Francisco region, exceeds the 2% cap denoted in the ordinance; and WHEREAS, on April 20, 2020, the City Council decided it would be in the best public interest to leave the storm drainage fee for fiscal year 2020-21 unadjusted from the prior year; and WHEREAS, pursuant to Section 4.30.060 of the Burlingame Municipal Code, the storm drainage fee is to be collected through the County tax bills. NOW, THEREFORE, IT IS DETERMINED and ORDERED that: 1. Pursuant to Chapter 4.30 of the Burlingame Municipal Code, the City Council determines that the storm drainage fee for all parcels in the City of Burlingame for fiscal year 2020-21 shall be the same rate as fiscal year 2019-20, or $0.05086. 2. The City Manager, the Finance Director, or their designee, shall provide to the County of San Mateo a list of storm drainage fees for all Burlingame parcels for fiscal year 2020-21, for collection through the property tax bills. For those properties whose fees have been modified pursuant to the appeal provisions of Chapter 4.30 prior to providing the County the list of properties and fees, the approved modified fee shall be provided to the County and shall be certified as correct by the Director of Public Works. 3. The City Manager is authorized to execute such documents as may be required by the County of San Mateo to place the storm drainage fee on the tax bills. 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: Meaghan Hassel -Shearer, City Clerk PA BUR— IN�AAGENDA NO: 81 STAFF REPORT MEETING DATE: August 17, 2020 To: Honorable Mayor and City Council Date: August 19, 2019 From: Meaghan Hassel -Shearer, City Clerk — (650) 558-7203 Subject: Adoption of a Resolution Designating Voting Delegates and Alternates for the 2020 Leaque of California Cities' Conference RECOMMENDATION Staff recommends that the City Council adopt the attached Resolution to designate the voting delegates and alternates for the 2020 League of California Cities' Annual Conference. BACKGROUND The League of California Cities is holding its annual conference from October 7 through October 9, 2020. The conference will be virtual this year. Part of the conference is the Annual Business Meeting (General Assembly), where the membership will consider and take action on resolutions that establish League policy. On June 30, 2010, the League of California Cities informed the City that: "In order to vote at the Annual Business Meeting, your city council must designate a voting delegate. Your city may also appoint up to two alternate voting delegates, one of whom may vote in the event that the designated voting delegate is unable to serve in that capacity." In accordance with the League of California Cities' requirements, the City must designate the voting delegate and alternates through Council action. DISCUSSION In order to ensure that the City's interests are recognized, staff recommends that the City Council adopt the attached resolution. The resolution designates Mayor Beach as the voting delegate for the City at the annual conference. In her absence, Vice Mayor O'Brien Keighran will act as the first alternate and Councilmember Ortiz will act as the second alternate. It should be noted that although the conference is not being held in person, the designation of a voting delegate and alternates is still required. FISCAL IMPACT There is no fiscal impact. 1 Voting Delegates for League of California Cities' Conference August 17, 2020 Exhibits: Resolution League of California Cities Letter RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME DESIGNATING VOTING DELEGATES AND ALTERNATES FOR THE 2020 LEAGUE OF CALIFORNIA CITIES' ANNUAL CONFERENCE WHEREAS, the League of California Cities is holding its annual conference from October 7 through October 9, 2020; and WHEREAS, part of the conference is the Annual Business Meeting, where the membership will consider and take action on resolutions that establish League policy; and WHEREAS, in order for the City to vote on resolutions at the Annual Business Meeting, the Council must designate voting delegates and alternates through Council resolution; and WHEREAS, Mayor Beach will act as the voting delegate for the City; and WHEREAS, if Mayor Beach is unable to vote, Vice Mayor O'Brien Keighran will act as the first alternate and Councilmember Ortiz will act as the second alternate. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES RESOLVE AS FOLLOWS: Mayor Beach is designated the voting delegate for the 2020 League of California Cities' Annual Conference, and Vice Mayor O'Brien Keighran and Councilmember Ortiz will act as first and second alternate, respectively. 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 17" day of August, 2020, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: City Clerk LEAGUE OF CALIFORNIA Council Action Advised by August 31, 2020 June 30, 2020 TO: Mayors, City Managers and City Clerks RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES League of California Cities Annual Conference & Expo — October 7 — 9, 2020 The League's 2020 Annual Conference & Expo is scheduled for October 7 — 9. An important part of the Annual Conference is the Annual Business Meeting (during General Assembly) on Friday, October 9. At this meeting, the League membership considers and takes action on resolutions that establish League policy. In order to vote at the Annual Business Meeting, your city council must designate a voting delegate. Your city may also appoint up to two alternate voting delegates, one of whom may vote in the event that the designated voting delegate is unable to serve in that capacity. Please complete the attached Voting Delegate form and return it to the League's office no later than Wednesday, September 30. This will allow us time to establish voting delegate/alternate records prior to the conference. Please note the following procedures are intended to ensure the integrity of the voting process at the Annual Business Meeting. These procedures assume that the conference will be held in - person at the Long Beach Convention Center as planned. Should COVID-19 conditions and restrictions prohibit the League from holding an in -person conference, new procedures will be provided. Action by Council Required. Consistent with League bylaws, a city's voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken, or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone. • Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration will open by the end of July at www.cacities.org. In order to cast a vote, at least one voter must be present at the Business Meeting and in possession of the voting delegate card. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the Voting Delegate Desk. This will enable them to receive the special sticker on their name badges that will admit them into the voting area during the Business Meeting. Transferring Voting Card to Non -Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the Business Meeting, they may not transfer the voting card to another city official. • Seating Protocol during General Assembly. At the Business Meeting, individuals with the voting card will sit in a separate area. Admission to this area will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. If the voting delegate and alternates wish to sit together, they must sign in at the Voting Delegate Desk and obtain the special sticker on their badges. The Voting Delegate Desk, located in the conference registration area of the Long Beach Convention Center, will be open at the following times: Wednesday, October 7, 8:00 a.m. — 6:00 p.m.; Thursday, October 8, 7:00 a.m. — 4:00 p.m.; and Friday, October 9, 7:30 a.m.-11:30 a.m.. The Voting Delegate Desk will also be open at the Business Meeting on Friday, but will be closed during roll calls and voting. The voting procedures that will be used at the conference are attached to this memo. Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city's voting delegate and alternates. Once again, thank you for completing the voting delegate and alternate form and returning it to the League's office by Wednesday, September 30. If you have questions, please call Darla Yacub at (916) 658-8254. Attachments: Annual Conference Voting Procedures Voting Delegate/Alternate Form 4LEAGUE OF CALI C"ORNIA CITIES CITY: 2020 ANNUAL CONFERENCE VOTING DELEGATE/ALTERNATE FORM Please complete this form and return it to the League office by Wednesday, September 30, 2020. Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates. In order to vote at the Annual Business Meeting (General Assembly), voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council. Please note: Voting delegates and alternates will be seated in a separate area at the Annual Business Meeting. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the Voting Delegate Desk. 1. VOTING DELEGATE Name: Title: 2. VOTING DELEGATE - ALTERNATE Name: Title: Name: Title: PLEASE ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES. 191.0 ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s). Name: Mayor or City Clerk (circle one) (signature) Email Date Please complete and return by Wednesday, September 30, 2020 Phone League of California Cities FAX: (916) 658-8240 ATTN: Darla Yacub E-mail: dyacub@cacities.org 1400 K Street, 41" Floor (916) 658-8254 Sacramento, CA 95814 9`^ LEAGUE ® OF C,ALII-OtkNIA CITIES Annual Conference Voting Procedures 1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to League policy. 2. Designating a City Voting Representative. Prior to the Annual Conference, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the Voting Delegate Form provided to the League Credentials Committee. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the Voting Delegate Desk in the conference registration area. Voting delegates and alternates must sign in at the Voting Delegate Desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the Business Meeting. 4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city's voting card by providing a signature to the Credentials Committee at the Voting Delegate Desk, may sign petitions to initiate a resolution. Voting. To cast the city's vote, a city official must have in his or her possession the city's voting card and be registered with the Credentials Committee. The voting card may be transferred freely between the voting delegate and alternates, but may not be transferred to another city official who is neither a voting delegate or alternate. 6. Voting Area at Business Meeting. At the Business Meeting, individuals with a voting card will sit in a designated area. Admission will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. 7. Resolving Disputes. In case of dispute, the Credentials Committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the Business Meeting. BUR— IN�AAGENDA NO: 8m STAFF REPORT MEETING DATE: August 17, 2020 To: Honorable Mayor and City Council Date: August 17, 2020 From: Carol Augustine, Finance Director — (650) 558-7222 Subject: Annual Renewal of the Burlingame Avenue Area Business Improvement District (DBID): Resolution Approving the 2019-20 Annual Report; Confirming the City's Intention to Waive Assessments for Fiscal Year 2020- 21; and Providing for Payment of the Amount of Assessments Waived Directly to the DBID in SuDDOrt of its Fiscal Year 2020-21 Activities RECOMMENDATION Staff recommends that the City Council adopt a resolution: • Approving the 2019-20 annual report of the Burlingame Avenue Area Business Improvement District; • Confirming the Council's intent to waive assessments on businesses within the district for the 2020-21 fiscal year; and • Providing for payment of the amount of assessment waived directly to the DBID in support of its fiscal year 2020-21 fiscal year activities. BACKGROUND Pursuant to California Streets and Highways Code Section 36500 et seq., the Burlingame City Council adopted ordinance 1735 in 2004, establishing the Burlingame Avenue Area Business Improvement District (DBID) for the purpose of promoting the downtown Burlingame Avenue business area. In the summer of 2010, the DBID was re -instituted after a hiatus of several years. Since that time, the DBID has provided business -enhancing activities, events, and publicity for the downtown Burlingame businesses. Pursuant to the Streets and Highways Code, the DBID must file a report with the City each year detailing its activities, its past -year activities, its finances for the past year, and its proposed budget for the coming year. Typically, this annual report is approved by the Council along with a resolution of intent to establish and levy assessments for the district's subsequent fiscal year. This allows for all businesses within the district to be notified, and a public hearing to be established in September so that the businesses have an opportunity to voice their opinions. Upon approval at the public hearing, the City Council then levies assessments on the businesses in the district for the subsequent fiscal year. However, the widespread health and economic issues resulting from the COVID-19 pandemic have harshly impacted the businesses within both of Burlingame's business improvement districts. At 1 Burlingame Ave. (Downtown) BID - Intent to Assess August 17, 2020 its April 6, 2020 meeting, the City Council discussed a variety of potential local economic stimulus programs to assist Burlingame's small business community. In addition to other actions, the Council agreed to pay the Downtown Business Improvement District and Broadway Are Business Improvement District fees for fiscal year 2020-21 (Resolution 045-2020, April 20, 2020). DISCUSSION The DBID submitted its annual report and its 2020-21 fiscal year proposed budget on July 27, 2020. Copies of the documents are attached to the Resolution. Note that the DBID's operating year begins October 1st and ends September 30th. The budget for the DBID's 2020-21 fiscal year provides a total of $90,000 in expenditures, which is the estimated amount of the assessments that would have been billed to the businesses for the DBID's upcoming fiscal year. Whereas much of the budget in previous years was allocated to Special Events, much of the 2020-21 budget is earmarked for the district's COVID Flex Fund. As explained in the DBID's report, these monies will be used to continue to help the merchants in the district adjust to the new environment and promote their success. The DBID has adequate fund balance to cover any overages that may occur in expenditures. Because the City will be paying the assessments for the year up front and in full, the district will this year be relieved of the collection activities and concerns associated with delinquent payments of member assessments. This will allow the district to focus on keeping up with changes in the member roster and their campaign to get accurate contact information from the merchants to allow for better communication to their member businesses. Following the Council's adoption of the attached resolution, the Finance Department will work with the district on an informational mailing to all businesses within the DBID. The mailing will inform each business that the annual renewal process has commenced, but that assessments for the upcoming fiscal year will be paid by the City of Burlingame. Information about the current regulations for operating under the latest San Mateo County Health Orders will be included. The mailing will also communicate current DBID activities and will request updated contact information from each business so that they can stay better informed of the COVID-19 restrictions, as well as district events and promotions going forward. FISCAL IMPACT Approximately $90,000 in DBID assessments is anticipated to be collected annually. Although funds from the assessments are typically forwarded to the DBID upon receipt from the businesses, the entire amount of the assessments waived for the DBID's 2020-21 fiscal year will be paid directly to the DBID from the City early in October, for expenditures as authorized by the district's board of directors. Funds are available specifically for this purpose in the City's FY 2020-21 General Fund Budget. Exhibits: • Resolution of the City Council of the City of Burlingame Approving the 2019-20 Burlingame Avenue Area Business Improvement District Annual Report; Confirming the City's Intent to Waive Assessments on Businesses Within the District for the 2020-21 fiscal year; and Providing for Payment of the Amount of Assessments Waived Directly to the DBID in Support of its Fiscal Year 2020-21 Activities 2 RESOLUTION NO. WHEREAS, pursuant to California Streets and Highways Code Section 36500 et seq., the City Council of the City of Burlingame originally established the Burlingame Avenue Area Business Improvement District ("DBID") for the purpose of promoting economic revitalization and physical maintenance of said business district, and WHEREAS, the DBID Advisory Board has filed its 2019-20 annual report with the City Clerk, including a budget for the upcoming fiscal year approved by the Board; and WHEREAS, the DBID has provided important services in enhancing the downtown Burlingame Avenue business area, its businesses and properties; and WHEREAS, in an effort to assist Burlingame's small business community in its recovery from the devastating economic impact of the COVID-19 pandemic, the City Council agreed in April 2020 to pay the Downtown Business Improvement District and Broadway Area Business Improvement District fees for FY 2020-21. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES HEREBY RESOLVE, DETERMINE, AND FIND AS FOLLOWS: 1. The City Council accepts and approves the 2019-20 annual report of the Burlingame Avenue Area Business Improvement District, a copy of which is attached as Exhibit "A". 2. The Burlingame City Council intends to waive assessments for the 2020-21 fiscal year, beginning October 1, 2020, on businesses in the DBID in order to assist the small business community in its recovery from the economic impact of the COVID-19 pandemic. 3. The Burlingame City Council intends to pay the amount of assessments waived for the 2020-21 fiscal year, beginning October 1, 2020, on businesses in the DBID in order to provide for improvements and activities of the DBID as anticipated in its approved budget for the year. 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 on the 17th day of August, 2020, and was adopted thereafter by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: Meaghan Hassel -Shearer, City Clerk July 27, 2020 Burlingame City Council City of Burlingame 501 Primrose Road Burlingame, CA 94010-3997 Honorable Council Members: The DBBID Advisory Committee is planning no changes to the assessment or boundaries of the district. However, it has come to our attention that the City of Burlingame has graciously decided to pay the 2020 - 2021 Assessments for the DBBID Merchants in the amount of $90,000.00. Our attached budget reflects that generous action. Current Checking Balance: (As of 7/27/20): $ 49, 867.21 Current Savings Balance (As of 7/27/20) $ 10,167.88 Current Outstanding Assessments for 2019 - 2020, which will most likely not be collected due to COVID-19: $16,808.00 In October, we could be electing a new DBBID President (or re-electing our current President) as her term will conclude on 9/30/20. We will also be electing a Secretary as our current Secretary left when she closed her business in February of this year. Through September 30, 2020 our Advisory Committee is: Jenny Keleher - DBBID President- A Runner's Mind Devan Rosdahl - DBBID Treasurer - Atelier Devan Vincent Our Current Board Members are: Jenny Keleher - A Runner's Mind Devan Rosdahl - Atelier Devan Vincent Batya Berenfus - Jewels of Monaco Aim Orn Selig - Coconut Bay / Shama Thai Massage Eric Klein - Crux Systems Nick Kosturos - Patronik Designs Downtown Burlingame Business Improvement District P.O. Box 563 Burlingame, CA 94011 - 0563 Following enclosures include our financial statement to date and our proposed budget for the 2020 - 2021 fiscal year. Proposed expenditures for the remainder of the current year include: • $4,000 for Administrative Assistant & Operations Costs • $4,000 for Marketing Specialist • $9,000 for continued Marketing and Advertising endeavors (Kiosk Map Updates / Printing, Social Media Marketing, Marketing Material, Website Maintenance • $2,000 - Accountant / Legal Our activities and programs completed for this fiscal year or in development to date include: COVID - 19 Support (Since March, 2020): • Economic Support & Programs: Through the DBID Newsletter 9with over 700 business member contacts) we have supplied timely information and links to several federal, county and local loans and grants, and unemployment processes. • Community Support: The volunteer Board worked with a Burlingame resident to establish, organize and support the Meals for Mills/Restaurant Rescue / Go Fund Me effort (in conjunction with the Broadway BID, representatives from Mills -Peninsula Hospital, and the Chamber of Commerce) • Member (business) Outreach and Safety - Information brought to us from the City Council, BPD, PW, City Manager has been distributed to our DBID members via our newsletter and social media. Two surveys, requested by the City departments, were distributed, with results returned to the City Council / Public Works / City Manager to help in their decision making process. Pre-Covid and Current: • Holiday Parade on Burlingame Avenue and Live Entertainment on Park Road. (December 2019) • 4thAnnual Fall Fest on Howard Avenue (October 2019) • First Friday Music / Entertainment: (October & November, 2019) • DBBID Website, Interactive Map development & maintenance. o Revamped Re Launched Website to include Marketing tools for merchants to promote specials and events. • Continued to grow and maintain Social Media Presence of the DBBID and Downtown Burlingame Merchants (Facebook, Instagram, Twitter, etc.) • Maintain Kiosk Maps with quarterly updates to showcase the downtown businesses. Downtown Burlingame Business Improvement District P.O. Box 563 Burlingame, CA 94011 - 0563 • Maintain Shuttle / Trolley Maps with quarterly updates and distribution to local hotels for clients to increase business downtown (October - March) • Maintain communication network for important information and distribution. • Merchant Communication efforts include: Email / Newsletter contact regarding downtown updates, parking updates, upcoming events, etc., New Merchant Outreach (individually contacting new merchants to introduce the DBBID and welcome them to the community and to engage in future DBBID efforts. • Newsletters to merchants and subscribed members regarding community events and notices regarding events / issues happening in the Downtown area. • Continued Marketing efforts to promote ALL businesses downtown (not just retail, restaurants and salons). • Set up and remove American Flags to celebrate patriotic holidays. • Continued relationship with Community Gatepath and hired teams to clean the streets (entire DBBID District on the 2na Monday of each month. Working together with merchants to keep our streets clean. (September - March only, due to Covid-19) • Held Member Mixer's to promote the DBBID, our members and merchants and celebrate our successes while giving the merchants a forum to discuss what they'd like to see happen. Invited City Officials as well as Hotel Concierge. (Due to COVID 19, this was done in the Fall Only) Due to COVID 19: The 2020 Holiday Event, Fall Fest and First Friday events will NOT be happening. Instead, we are planning to utilize assessment funds received to continue to help the Downtown Burlingame Merchants to Adapt, Adjust and Modify to the current situation we find ourselves in. It is important that we all continue to work together to promote the success of Downtown Burlingame with the tools, and expertise, we have in place. Respectfully submitted by, The DBBID Advisory Committee Jenny Keleher - DBBID President- A Runner's Mind Devan Rosdahl - DBBID Treasurer - Atelier Devan Vincent Downtown Burlingame Business Improvement District P.O. Box 563 Burlingame, CA 94011 - 0563 07/27/20 Downtown Burlingame Improvement District Profit and Loss Standard October 2019 through September 2020 Ordinary Income/Expense Income Direct Public Support 2019 Holiday Lights Income Member Dues 2019 - 2020 2019 Carnival Ride Sponsorship Fall Fest 2019 Income Member Dues 2018- 2019 Total Direct Public Support Total Income Expense Marketing and Advertising Hotel Advertising Maps and Schedules Total Hotel Advertising Web Site Hosting Marketing and Advertising - ... Total Marketing and Advertising Member Enhancements Beautification - Labor Beautification- Supplies Total Member Enhancements Operations Dues and Subscriptions Contract Services Marketing Assistant Accounting Fees Administrative Assistant Legal Fees Total Contract Services Insurance Office Supplies_Storage Stamps, PO Rental Total Operations Special Events Oct '19 - Sep '20 7,500.00 70,742.75 732.35 11,539.01 930.00 91,444.11 91,444.11 2,156.44 2,156.44 216.00 360.00 2,732.44 1,165.00 16,650.00 17,815.00 474.80 3,875.00 900.00 19, 830.00 25.00 24,630.00 615.00 1,599.34 134.00 27,453.14 Page 1 07/27/20 Downtown Burlingame Improvement District Profit and Loss Standard October 2019 through September 2020 Oct '19 - Sep '20 Fall Fest 2020 125.00 Holiday Event 2019 3,205.68 Fall Fest 2019 24,446.06 Holiday Event 2018 100.00 First Friday's 400.00 Total Special Events 28,276.74 Total Expense 76,277.32 Net Ordinary Income 15,166.79 Net Income 15,166.79 Page 2 Approved Budget 2020 - 2021 Item Fiscal 2020 / 2021 Income City of Burl i ngame Assessment Coverage $ 90,000.00 Total Income: $ 90,000.00 Operations Administrator $ 28,800.00 Accountant / Legal $ 1,100.00 Office supplies / PO Rental / Storage $ 2,000.00 Dues and Subscriptions $ 500.00 Insurance $ 630.00 Total Operations: $ 33,030.00 Marketing/ Advertising Online Map Maintenance $ 650.00 Website (Hosting and Domain) $ 300.00 Marketing Specialist $ 12,000.00 Email Marketing/Text Marketing Campaign $ 5,500.00 Total Marketing: $ 18,450.00 Member Enhancements Beautification/Labor/Supplies $ 2,800.00 Total Member Ehancements: $ 2,800.00 Covid Flex Fund $ 35,720.00 Total Covid Flex Fund: $ 35,720.00 Total Expenses: $ 90,000.00 BUR— IN�c,AGENDA NO: 8n STAFF REPORT MEETING DATE: August 17, 2020 To: Honorable Mayor and City Council Date: August 17, 2020 From: Ana Maria Silva, Executive Assistant — (650) 558-7204 Subject: Open Nomination Period to Fill Two Vacancies on the Parks and Recreation Commission RECOMMENDATION Staff recommends that the City Council call for applications to fill two vacancies on the Parks and Recreation Commission. The pending vacancies are due to the expiring terms of Commissioners Shari Lewis and Emily Burch Matthews. The recommended deadline is Monday, September 21, 2020. This will allow applicants two opportunities to attend a Parks and Recreation Commission meeting (August 20 and September 17, 2020). BACKGROUND The City's current commissioner appointment procedure calls for any Commissioner desiring reappointment to apply in the same manner as all other candidates. All past applicants on the two- year waitlist will be informed of the vacancy. 1 BUR— IN�An�� AGENDA NO: 8o STAFF REPORT MEETING DATE: August 17, 2020 To: Honorable Mayor and City Council Date: August 17, 2020 From: Carol Augustine, Finance Director—(650) 558-7222 Subject: Quarterly Investment Report, Period Ending June 30, 2020 RECOMMENDATION Staff recommends that the City Council receive and approve the City's investment report through June 30, 2020. BACKGROUND This report represents the City's investment portfolio as of June 30, 2020. The report includes all invested City funds with the exception of bond proceeds, the City's account with the California Employers' Retiree Benefit Trust Fund (CERBT), which is used to pre -fund the City's retiree medical obligations, and the §115 trust account with the Public Agency Retirement Services (PARS) Pension Rate Stabilization Program. All other investments are covered by and in compliance with the City's adopted Statement of Investment Policy. The City's investments are guided by the Statement of Investment Policy (the "Policy"), which the Council reviews and approves annually. The Council last approved the Policy on June 1, 2020. The Policy directs that investment objectives, in order by priority, are safety, liquidity, and return. This conservative approach ensures assets are available for use while also allowing the City to earn additional resources on idle funds. The City utilizes a core portfolio of investments managed by the City's investment advisor, PFM Asset Management (PFM), and also maintains funds invested in the State's Local Agency Investment Fund (LAIF) and the California Asset Management Program (CAMP) to achieve its investment goals. CURRENT MARKET CONDITIONS The ongoing COVID-19 pandemic continued to roil both the economy and the financial markets during the second quarter. Broad lockdowns and stay-at-home orders were effective in slowing the initial spread of COVID-19 and reducing stress on the U.S. healthcare system. However, later in the second quarter as social distancing measures were eased, daily confirmed coronavirus cases in the U.S. began to spike sharply higher. 1 Investment Report, June 30, 2020 August 17, 2020 The growing pandemic continued to upend economies across the globe. In the U.S., gross domestic product (GDP) fell at an annualized rate of 5% in the first quarter. The pandemic -induced shutdown shocked the labor market, which shed 17 million jobs during the second quarter as the unemployment rate hit 14.7% in April —a level not seen since the Great Depression. While economic data improved markedly in May and early June, the resurgence of coronavirus cases near the end of the second quarter may limit further improvement in the near term. To that end, despite the fact that the headline unemployment improved to 11.1 % in June, American consumers have been quite fiscally cautious throughout the second and into the third quarter of 2020, possibly bracing for further downward pressure on both the jobs market and on earnings potential. Indeed, the advanced reading of second quarter GDP came in at an annualized rate of -32.9%—the worst reading on record, as personal consumption dropped by an annualized 34.6%. For its part, the Federal Reserve (the "Fed") spent the second quarter mobilizing and refining its arsenal of emergency lending programs to provide liquidity and stabilize financial markets. At its two meetings during the quarter, the central bank left the target range for the federal funds rate unchanged at 0.00% to 0.25%. Released at its June policy meeting, the Federal Open Committee's updated economic projections now anticipate a long, slow recovery, with persistently high unemployment. Meanwhile, the Fed's balance sheet grew to a historic high of $7.1 trillion as the central bank added to its holdings of open market securities, and the Fed continued to expand its use of liquidity and credit market support programs. This added liquidity will help to offset or somewhat mitigate conditions caused by the ongoing public health crisis, which will weigh heavily on economic activity, employment, and inflation in the near term, and poses considerable risks to longer -term outlooks. Not surprisingly, Treasury yields were largely range -bound over the second quarter, after plummeting to all-time lows in the first quarter. Most investors are now braced for interest rates to remain "lower for longer" as the Fed's most recent dot plot shows that the Fed anticipates keeping the overnight rate at its current level of 0.00% - 0.25% through the end of 2022. Equity indices, on a global scale, reported solid second quarter returns. Domestic equities performed particularly well, with major indices posting their best quarterly performance in over 20 years. Despite the upward march in the equities markets since bottoming out in mid -March, financial markets in general remain volatile as numerous uncertainties around the pandemic, including the ability to contain the spread and the timeline for a viable vaccine or treatment, persist. Half of all U.S. states have rescinded or modified their plans for re -opening. As a result, many economists and strategists have turned increasingly cautious with regards to near -term prospects for economic growth. 2 Investment Report, June 30, 2020 August 17, 2020 U.S. Treasury Yield Curve March 31, 2020 June 30, 2020 1.50% 1.00% 0.66% 0.50% 0.16% 0.29% 0.00% 3 1 2 3 4 5 10 M Y Y Y Y Y Y Maturity Maturity 3-Mo. Yield Curve .0/20 0.16% History 3/31/20 0.07% Change 6-Mo. 0.18% 0.14% 1-Yr. 0.16% 0.15% 2-Yr. 0.16% 0.25% 3-Yr. 0.18% 0.29% 5-Yr. 0.29% 0.37% 10-Yr. 0.66% 0.66% - 30-Yr. 1.41 % 1.35% The City's cash, excluding bond proceeds, is pooled for investment purposes. As of June 30, 2020, invested funds totaled $208,618,683.63. These investments are assets of the City of Burlingame and include the General Fund, the enterprise funds (such as Water, Sewer, and Solid Waste), as well as various non -major funds. Note that the City's account with the California Employers' Retiree Benefit Trust Fund (CERBT), used to pre -fund the City's retiree medical obligations, is not included in this calculation of the City's investment portfolio. Similarly, funds held within the City's §115 Trust account with the Public Agency Retirement Services (PARS) Pension Rate Stabilization Program are not included in this calculation of the City's investment portfolio. City's Investments Market Value as of June 30, 2020 Main Investment Portfolio $ 124,278,146.23 Main Investment Portfolio - Cash Balance in Custody Account $ 228,935.54 CAMP Balance $ 36,564,312.01 LAIF Balance $ 47,547,289.85 Total $208,618,683.63 PFM has continued to maintain a neutral duration stance relative to the benchmark. This neutral duration positioning is intended to minimize risk and maximize relative performance. At the end of the quarter, the main portfolio's duration was 2.60 years, in line with the benchmark's duration of 2.58 years. Factoring in liquid investments, such as LAIF and CAMP, the effective duration of the City's aggregate investments was 1.52 years. The City continues to benefit from a strategy of broad diversification, which serves to reduce the overall risk in the portfolio while providing for the opportunity for better returns over the long term. Throughout much of the second quarter, federal agency yield spreads (the difference between the yields available on federal agency securities minus the yields available on U.S. Treasury securities) remained wide compared to recent norms. PFM recommended that the City take advantage of this 3 Investment Report, June 30, 2020 August 17, 2020 relative value opportunity by shifting out of U.S. Treasury and other holdings and into federal agency holdings. In total, the main portfolio's allocation to federal agency securities increased by 6.6% during the quarter. PFM remained proactive in response to the market effects and uncertainty created by the pandemic by applying its strong credit process. Every issuer was reassessed for the short- and intermediate - term impacts of the disrupted economy. As financial markets began to normalize during the second quarter, investment -grade issuers on PFM's approved issuer list were carefully vetted, with many issuers gradually reapproved. As PFM methodically added companies back to its approved issuers list, PFM recommended purchases of high -quality names such as Intel, Apple, and Toyota. In total, the purchase of $3.9 million of high -quality corporate notes was recommended during the second quarter. These purchases represented an average pick-up in yield of approximately 70 basis points (0.70%) over similar -maturity U.S. Treasury obligations. Please see below for a summary of transactions for the quarter ended June 30, 2020: Trade Date Settlement Transaction CUSIP Issuer Term Yield Principal Date (Mths) Federal Farm 4/3/2020 4/8/2020 Purchase 3133ELVX9 48 0.88% 2,400,000 Credit United States 4/3/2020 4/8/2020 Sell 912828R28 37 0.29% 1,885,000 Treasury Federal Farm 4/9/2020 4/13/2020 Purchase 3133ELWC4 60 1.15% 905,000 Credit Callable Federal Home 4/15/2020 4/16/2020 Purchase 3130AJHU6 60 0.60% 1,205,000 Loan Bank United States 4/15/2020 4/16/2020 Sell 9128283J7 56 0.34% 280,000 Treasury United States 4/15/2020 4/16/2020 Sell 9128283J7 56 0.34% 830,000 Treasury 4/22/2020 4/24/2020 Purchase 3135G03U5 Fannie Mae 60 0.67% 1,485,000 United States 4/22/2020 4/24/2020 Sell 912828X47 24 0.23% 1,050,000 Treasury United States 4/22/2020 4/24/2020 Sell 912828XQ8 27 0.23% 375,000 Treasury United States 5/4/2020 5/6/2020 Sell 9128281_57 29 0.21% 230,000 Treasury 5/4/2020 5/11/2020 Purchase 037833DV9 Apple Inc. 36 0.84% 715,000 5/7/2020 5/11/2020 Purchase 037833DV9 Apple Inc. 36 0.66% 1,460,000 United States 5/7/2020 5/11/2020 Sell 9128281_57 29 0.16% 945,000 Treasury United States 5/7/2020 5/11/2020 Sell 9128281_57 29 0.16% 465,000 Treasury 5/15/2020 5/19/2020 Purchase 458140BP4 Intel Corp. 58 1.10% 835,000 C Investment Report, June 30, 2020 August 17, 2020 Trade Date Settlement Transaction CUSIP Issuer Term Yield Principal Date (Mths) United States 5/15/2020 5/19/2020 Sell 9128283J7 55 0.29% 875,000 Treasury 5/20/2020 5/22/2020 Purchase 3135GO4Q3 Fannie Mae 36 0.35% 1,855,000 5/21/2020 5/22/2020 Sell 3135GOS38 Fannie Mae 20 0.19% 1,000,000 5/21/2020 5/22/2020 Sell 3135GOS38 Fannie Mae 20 0.19% 420,000 Toyota Motor 5/21/2020 5/22/2020 Sell 89236TFQ3 8 0.77% 375,000 Corp. 5/21/2020 5/26/2020 Purchase 3135GO3U5 Fannie Mae 59 0.54% 275,000 Toyota Motor 5/20/2020 5/26/2020 Purchase 89236TGT6 57 1.58% 530,000 Corp. Toyota Motor 5/21/2020 5/26/2020 Purchase 89236TGT6 57 1.49% 380,000 Corp. Toyota Motor 5/21/2020 5/26/2020 Sell 89236TEU5 11 0.77% 380,000 Corp. Toyota Motor 5/21/2020 5/26/2020 Sell 89236TEU5 11 0.88% 545,000 Corp. 6/2/2020 6/3/2020 Purchase 3137EAER6 Freddie Mac 35 0.30% 715,000 6/2/2020 6/3/2020 Sell 3135GOT94 Fannie Mae 32 0.22% 675,000 6/4/2020 6/5/2020 Purchase 3135GO3U5 Fannie Mae 59 0.54% 1,700,000 6/17/2020 6/19/2020 Purchase 3135GO4Z3 Fannie Mae 60 0.54% 1,865,000 6/17/2020 6/19/2020 Sell 3135GOT45 Fannie Mae 22 0.23% 1,810,000 6/24/2020 6/26/2020 Purchase 3137EAES4 Freddie Mac 36 0.35% 1,680,000 6/25/2020 6/26/2020 Sell 3135GOT45 Fannie Mae 21 0.22% 690,000 6/25/2020 6/26/2020 Sell 3135GOT45 Fannie Mae 21 0.22% 710,000 In this time of continued uncertainty, the safety and liquidity of the City's investment assets continues to be prioritized above all else. PFM continues to monitor the markets and will recommend relative -value trades as appropriate in order to safely enhance the City's portfolio earnings. However, the priority will always be to maintain the safety and liquidity of the City's investments. PFM will also continue to carefully monitor the creditworthiness of all current issues in the City's portfolio and any new issues recommended for purchase. PFM's Credit Committee and Investment Committees meet weekly to assess emerging news and market trends and will recommend as necessary to protect the safety of the City's investments. 5 Investment Report, June 30, 2020 August 17, 2020 As noted in the following pie charts, the City's aggregate investment portfolio, as of June 30, 2020, was heavily weighted towards the State Local Agency Investment Fund (LAIF), the AAAm-rated CAMP Fund, and high -quality (AA+ rated) federal agency and U.S. Treasury securities to maintain the focus on safety and liquidity. Investments By Security Type As of ,Tune 30, 2020 Local Agency Investment Fund (LAIF) Corporate Notes 23% 12% Asset-Bac SecuritlE 4% Negotiable Certificates Deposit 5% Supranationals 2% Muni( 10. Federal Agi CMD 1% Federal Agencies 17% CAMP 1$°/0 sh 0/0 sunes Investments By Security Type As of June 30, 2020 NR (LAIF) BBB+x 23% 1% AAAm (CAMP) 18% A ga/o A-1 (Short -Term) 3% A-1+ (Short -Term) 1% AA 41 % Cash AAA < 1 °/0 5% NR (Aaa)" 1% *The `B88+" category comprises securities rated in the category of A or better by Moody's and/or Fitch, which meets the credit rating criteria established in the City's Statement of Investment Policy. **The NR (Aaa) category comprises asset -backed securities that are not rated by S&P but are rated Aaa by Moody's. ON Investment Report, June 30, 2020 August 17, 2020 As of June 30, 2020, 40% of the City's funds were invested in very short-term liquid investments, 14% of the funds were invested with maturities between one day and two years, and 46% of the investment portfolio had a maturity ranging from two to five years. This distribution gives the City the necessary liquidity to meet operational and emergency cash needs while maximizing returns on funds not needed in the immediate future. The City's aggregate investments maintain an effective duration of 1.52 years and currently generate annual income of 1.58% before investment expenses. The City's funds are invested in high credit quality investments and continue to meet the City's goals of safety, liquidity, and yield/return. 45% 40% 35% 30% 25% 20% 15% 10% 5% 0% Maturity Distribution As of June 30, 2020 Overnight One Day-6 6-12 Months 1-2 Years 2-3 Years 3-4 Years 4-5 Years Months As of June 30, 2020, the yield to maturity at cost on the main portfolio of securities was 1.99%. Including additional investments such as LAIF and CAMP, the average yield to maturity" on the City's aggregate investments was 1.58%. During the quarter, the main portfolio generated accrual basis earnings of $1,227,999. Market Value $208,618,683.63 Effective Duration 1.52 Years Average Credit Quality* AA Yield to Maturity** 1.58% `Ratings by Standard & Poor's. Average excludes `Not Rated' securities. "Calculated as a weighted average of the main portfolio's yield at cost as of 6130120, the LAIF quarterly apportionment rate for the quarter ended 6130120, and CAMP's monthly distribution yield as of 6130120. 7 Investment Report, June 30, 2020 August 17, 2020 The chart below compares the yield of the City's managed portfolio to the yields on the 2-year U.S. Treasury note, LAIF, and the San Mateo County Pool. As of June 30, 2020, the gross yield on the City's managed portfolio was 1.99%; net of PFM's investment advisory fees, the yield on the City's managed portfolio was 1.91 %. 2.75% 2.50% 2.25% 2.00% 1.75% 1.50% 1.25°% 1.00% 0.75°% 0.50°% 0.25% 0.00% SIP in Yield History June 30, 2016 - June 30, 2020 (Portfolio Under Management LAIF - 2-Year Treasury - San Mateo County Pool A6 A� A� A1 A`b NO -A$ A°� A°� NO,V ep o°� Fea ���' o°` Fed �v� O°` Fea �vn O°ti Fea ���` 1.99% 1.39% 1.36% 0.16% Below is a summary of cash and investment holdings held by each fund as of June 30, 2020, which includes invested funds, debt service reserves, amounts held in overnight (liquid) accounts, the City's main checking account, and other operating funds: General Fund Capital Project Funds Internal Service Funds Water Fund Sewer Fund Solid Waste Fund Parking Fund Building Fund Landfill Fund Debt Service Fund Subtotal, Operating Funds Other Funds Total Cash and Investments Cash and Investments by Fund As of 06/30/20 As of 03/31/20 Change $ $ 34,611,937 $ 32,612,173 $ 1,999,764 63,116,925 65,189,506 (2,072,582) 21,020,700 21,418,684 (397,985) 21,402,150 19, 506,099 1,896,051 19,564,035 19,349,980 214,055 4,639,521 4,662,567 (23,046) 11,382,688 11,593,878 (211,189) 13,506,078 13,976,809 (470,732) 2,167,875 2,089,372 78,503 46,565,426 51,909,794 (5,344,368) 237,977,333 242,308,861 (4,331,528) 18,710,501 15,981,727 2,728,774 $ 256,687,834 $ 258,290,588 $ (1,602,754) Investment Report, June 30, 2020 August 17, 2020 Cash holdings in the General Fund increased in the fourth quarter of the 2019-20 fiscal year due to major property tax receipts in April and June (nearly $9.0 million combined). The receipts were largely offset by regular operating expenses as well as funding programs to assist small businesses and residents in response to the pandemic. Other major receipts included receipt of Storm Drain Fees of nearly $1.1 million (collected with property taxes); Commercial Housing Linkage Fees of nearly $684,000; and Gas Tax, Measure A and Measure W receipts (combined total of $390,000), all reflected as an increase in "Other Funds". Capital Project Funds decreased as payments were made for progress on the New Community Center Project ($365,000); Citywide Playgrounds ($236,000), Skyline Park ($104,000), Fire Station 35 Upgrades ($157,000), and the Police Station Fuel Tank Replacement project ($76,000). Strong capital spending was recorded for the Sidewalk Repair Program ($501,000) and the Annual Street Resurfacing Program ($206,000) in the quarter. The Debt Service Fund balance decreased as a result of annual debt service (principal and interest payments) of nearly $4.8 million on outstanding bonds, including $1.9 million on the new 2019 Lease Revenue Bonds, $1.1 million on the Corp Yard bonds (Series 2010), approximately $1.3 million for Storm Drain bond payments, and $400,000 for the streetscape bonds (Series 2012). In addition, a draw -down of $610,000 from Storm Drain bond proceeds for funding of storm drain capital improvements. As for the performance of the City's trust funds, which adhere to different strategies than reflected in the City's Investment Policy for its main portfolio, the most recent statements are attached to this staff report. Because the $22.4 million balance in the account with the California Employers' Retiree Benefit Trust (CERBT) Fund to fund its retiree medical obligations is relatively low (approximately 34% funded), the City's trust account is invested in the most aggressive (Strategy 1) portfolio available within the CERBT. The net return for the portfolio for the year ended June 30, 2020 was 3.49%. The PARS §115 trust account for funding the City's pension liabilities, established in October 2017, reported a 4.63% return for the past year, as reflected in the June 2020 statement attached to this report. CONCLUSION All City funds are invested in accordance with the approved Statement of Investment Policy with an emphasis on safety, liquidity, and return (in that order). The City's investment strategy of balancing the investment portfolio between short-term investments (to meet cash flow needs) and longer -term maturities (to realize a higher rate of return) is appropriate, given current market conditions. Due to the ease of access of the City's funds in liquid accounts such as LAIF and CAMP, the City has more than sufficient funds available to meet its liquidity (expenditure) requirements for the next six months. Staff and the City's investment advisor will continue to closely monitor the City's investments to ensure the mitigation of risk and the ability to meet the City's investment goals while being able to respond to changes in market conditions. FISCAL IMPACT E Investment Report, June 30, 2020 August 17, 2020 Quarterly reporting of the City's Investment Portfolio will not result in any direct impact on City resources. Exhibits: • Portfolio Holdings as of June 30, 2020 CERBT Strategy 1 Fund Facts for June 30, 2020 PARS Monthly Statement for June 30, 2020 10 0 PfM Managed Account Detail of Securities Held For the Month Ending June 30, 2020 CITY OF BURLINGAME Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Dated Date/Coupon/Maturity CUSIP Par Rating Rating Date Date Cost at Cost Interest Cost Value U.S. Treasury Bond / Note US TREASURY NOTES 9128282P4 1,225,000.00 AA+ Aaa 11/01/17 11/03/17 1,217,870.12 2.00 9,591.35 1,221,869.61 1,268,640.63 DTD 07/31/2017 1.875% 07/31/2022 US TREASURY NOTES 912828XO8 1,455,000.00 AA+ Aaa 08/31/17 09/01/17 1,473,471.69 1.73 12,151.65 1,462,825.24 1,510,471.88 DTD 07/31/2015 2.000% 07/31/2022 US TREASURY NOTES 912828L57 1,035,000.00 AA+ Aaa 06/04/18 06/06/18 992,750.98 2.76 4,552.87 1,013,004.79 1,071,710.21 DTD 09/30/2015 1.750% 09/30/2022 US TREASURY NOTES 912828P38 230,000.00 AA+ Aaa 10/02/18 10/04/18 219,021.09 2.93 1,680.77 223,440.45 239,307.82 DTD 02/01/2016 1.750% 01/31/2023 US TREASURY NOTES 912828P79 1,890,000.00 AA+ Aaa 07/02/18 07/05/18 1,787,895.70 2.74 9,475.68 1,831,586.00 1,956,740.63 DTD 02/29/2016 1.500% 02/28/2023 US TREASURY NOTES 912828P79 2,700,000.00 AA+ Aaa 04/30/18 04/30/18 2,542,113.28 2.80 13,536.68 2,613,050.49 2,795,343.75 DTD 02/29/2016 1.500% 02/28/2023 US TREASURY NOTES 912828029 2,175,000.00 AA+ Aaa 02/08/19 02/12/19 2,094,881.84 2.44 8,200.82 2,121,711.86 2,254,183.49 DTD 03/31/2016 1.500% 03/31/2023 US TREASURY NOTES 912828S92 1,330,000.00 AA+ Aaa 04/02/19 04/04/19 1,273,682.81 2.28 6,942.31 1,289,875.34 1,373,640.63 DTD 08/01/2016 1.250% 07/31/2023 US TREASURY NOTES 912828S92 2,100,000.00 AA+ Aaa 02/08/19 02/12/19 1,994,917.97 2.44 10,961.54 2,027,474.06 2,168,906.25 DTD 08/01/2016 1.250% 07/31/2023 US TREASURY NOTES 9128282D1 4,195,000.00 AA+ Aaa 07/01/19 07/03/19 4,132,402.73 1.75 19,279.33 4,147,393.13 4,353,623.44 DTD 08/31/2016 1.375% 08/31/2023 US TREASURY NOTES 9128285D8 780,000.00 AA+ Aaa 05/01/19 05/03/19 800,505.47 2.25 5,636.89 795,095.90 847.762.50 DTD 10/01/2018 2.875% 09/30/2023 US TREASURY NOTES 912828WE6 1,375,000.00 AA+ Aaa 03/06/19 03/08/19 1,388,911.13 2.52 4,829.31 1,385,004.97 1,493,164.06 DTD 11/15/2013 2.750% 11/15/2023 US TREASURY NOTES 912828U57 1,515,000.00 AA+ Aaa 01/30/19 01/31/19 1,484,581.64 2.57 2,726.79 1,493,496.77 1,614,421.88 DTD 11/30/2016 2.125% 11/30/2023 US TREASURY N/B NOTES 912828V80 1,050,000.00 AA+ Aaa 03/25/19 03/26/19 1,050,943.36 2.23 9,865.38 1,050,696.87 1,126,617.24 DTD 01/31/2017 2.250% 01/31/2024 PFM Asset Management LLC Page 1 0 PfM CITY OF BURLINGAME Security Type/Description Dated Date/Coupon/Maturity CUSIP U.S. Treasury Bond / Note US TREASURY N/B NOTES 912828X70 DTD 05/01/2017 2.000% 04/30/2024 US TREASURY N/B 9128282N9 DTD 07/31/2017 2.125% 07/31/2024 UNITED STATES TREASURY NOTES 912828Y87 DTD 07/31/2019 1.750% 07/31/2024 US TREASURY NOTES 912828D56 DTD 08/15/2014 2.375% 08/15/2024 US TREASURY NOTES 9128282Y5 DTD 10/02/2017 2.125% 09/30/2024 US TREASURY N/B 9128283DO DTD 10/31/2017 2.250% 10/31/2024 US TREASURY N/B 912828317 DTD 11/30/2017 2.125% 11/30/2024 Security Type Sub -Total INTERNATIONAL FINANCE CORPORATION 45950KCMO NOTE DTD 01/25/2018 2.250% 01/25/2021 INTERNATIONAL FINANCE CORPORATION 45950VLO7 NOTE DTD 03/16/2018 2.635% 03/09/2021 INTER-AMERICAN DEVELOPMENT BANK 4581XODB1 NOTE DTD 04/19/2018 2.625% 04/19/2021 INTL BANK OF RECONSTRUCTION AND DEV 459058GHO NOTE DTD 07/25/2018 2.750% 07/23/2021 Managed Account Detail of Securities Held For the Month Ending June 30, 2020 S&P Moody's Trade Settle Original YTM Accrued Amortized Market Par Rating Rating Date Date Cost at Cost Interest Cost Value 2,300,000.00 AA+ Aaa 06/03/19 06/05/19 2,310,421.88 1.90 7,750.00 2,308,140.82 2,455,968.75 500,000.00 AA+ Aaa 08/01/19 08/02/19 506.992.19 1.83 4,436.81 505,712.52 538,359.40 5,225,000.00 AA+ Aaa 03/02/20 03/04/20 5,430,122.07 0.84 38,182.69 5,414,960.87 5,546,664.06 1,650,000.00 AA+ Aaa 08/30/19 09/03/19 1,723,154.30 1.44 14,749.14 1,710,934.94 1,794,632.73 2,110,000.00 AA+ Aaa 10/01/19 10/03/19 2,173,052.73 1.50 11,270.63 2,163,650.13 2,277,481.25 1,500,000.00 AA+ Aaa 11/04/19 11/06/19 1,545,000.00 1.62 5,686.14 1,539,118.62 1,629,140.70 490,000.00 AA+ Aaa 01/03/20 01/07/20 501,350.39 1.63 881.93 500,233.75 530,195.29 36,830,000.00 36,644,043.37 1.95 202,388.71 36,819,277.13 38,846,976.59 795,000.00 AAA Aaa 01/18/18 01/25/18 792,662.70 2.35 7,751.25 794,556.42 803,833.25 1,550,000.00 AAA Aaa 03/09/18 03/16/18 1,548,837.50 2.66 895,000.00 AAA Aaa 04/12/18 04/19/18 893,031.00 2.70 1,210,000.00 AAA Aaa 07/18/18 07/25/18 1,207,168.60 2.83 12, 706.56 1, 549, 732.06 1, 574, 716.30 4,698.75 894,475.41 911,718.60 14.604.03 1,208,998.40 1,241,855.67 PFM Asset Management LLC Page 2 0 PfM Managed Account Detail of Securities Held For the Month Ending June 30, 2020 CITY OF BURLINGAME Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Dated Date/Coupon/Maturity CUSIP Par Rating Rating Date Date Cost at Cost Interest Cost Value Security Type Sub -Total 4,450,000.00 4,441,699.80 2.66 39,760.59 4,447,762.29 4,532,123.82 Municipal Bond / Note CA ST TXBL GO BONDS 13063DR39 1,170,000.00 AA- Aa2 10/16/19 10/24/19 1,193,411.70 1.87 7,020.00 1,189,325.23 1,242,446.40 DTD 10/24/2019 2.400% 10/01/2023 Security Type Sub -Total 1,170,000.00 1,193,411.70 1.87 7,020.00 1,189,325.23 1,242,446.40 CollateralizedFederal Agency • Obligation FNA 2018-M5 A2 3136B1XP4 361,320.62 AA+ Aaa 04/11/18 04/30/18 368,507.65 2.93 1,071.92 363,836.08 365,741.79 DTD 04/01/2018 3.560% 09/01/2021 FANNIEMAE-ACES 3136AJB54 819,075.11 AA+ Aaa 12/13/19 12/18/19 858,877.05 2.14 2,283.85 853,794.85 890,653.04 DTD 04/01/2014 3.346% 03/01/2024 Security Type Sub -Total 1,180,395.73 1,227,384.70 2.37 3,355.77 1,217,630.93 1,256,394.83 Federal Agency Bond / Note FANNIE MAE NOTES 3135GOS38 1,165,000.00 AA+ Aaa 06/27/17 06/29/17 1,172,444.35 1.85 11,391.11 1,167,493.47 1,196,331.51 DTD 01/09/2017 2.000% 01/05/2022 FANNIE MAE NOTES 3135GOU92 945,000.00 AA+ Aaa 01/09/19 01/11/19 944.319.60 2.65 11.714.06 944,652.97 979,698.51 DTD 01/11/2019 2.625% 01/11/2022 FANNIE MAE NOTES 3135GOT45 895,000.00 AA+ Aaa 06/27/17 06/29/17 894,865.75 1.88 4,008.85 894,950.42 920,918.31 DTD 04/10/2017 1.875% 04/05/2022 FANNIE MAE NOTES 3135GOW33 2,385,000.00 AA+ Aaa 09/05/19 09/06/19 2,373,623.55 1.54 10,475.78 2,376,727.16 2,444,026.37 DTD 09/06/2019 1.375% 09/06/2022 FANNIE MAE AGENCY NOTES 3135GOT78 2,635,000.00 AA+ Aaa 04/30/18 04/30/18 2,542,195.30 2.85 12,589.44 2,587,651.83 2,739,158.92 DTD 10/06/2017 2.000% 10/05/2022 FREDDIE MAC NOTES 3137EAER6 715,000.00 AA+ Aaa 06/02/20 06/03/20 716,501.50 0.30 402.19 716,462.06 716,805.38 DTD 05/07/2020 0.375% 05/05/2023 FANNIE MAE NOTES 3135GO403 1,855,000.00 AA+ Aaa 05/20/20 05/22/20 1,849,416.45 0.35 502.40 1,849,620.42 1,853,089.35 DTD 05/22/2020 0.250% 05/22/2023 PFM Asset Management LLC Page 3 0 PfM Managed Account Detail of Securities Held For the Month Ending June 30, 2020 CITY OF BURLINGAME Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Dated Date/Coupon/Maturity CUSIP Par Rating Rating Date Date Cost at Cost Interest Cost Value Federal Agency Bond / Note FREDDIE MAC NOTES 3137EAEN5 2,085,000.00 AA+ Aaa 01/07/19 01/09/19 2,099,636.70 2.58 1,911.25 2,094,772.84 2,236,671.24 DTD 06/11/2018 2.750% 06/19/2023 FREDDIE MAC NOTES 3137EAES4 1,680,000.00 AA+ Aaa 06/24/20 06/26/20 1,675,094.40 0.35 58.33 1,675,116.80 1,678,214.16 DTD 06/26/2020 0.250% 06/26/2023 FANNIE MAE NOTES 3135GOU43 3,550,000.00 AA+ Aaa 12/03/18 12/06/18 3,542,829.00 2.92 30,902.26 3,545,189.13 3,841,142.60 DTD 09/14/2018 2.875% 09/12/2023 FEDERAL HOME LOAN BANKS NOTES 3130AOF70 1,400,000.00 AA+ Aaa 01/30/19 01/31/19 1,441,263.45 2.72 3,018.75 1,429,224.40 1,545,240.20 DTD 12/09/2013 3.375% 12/08/2023 FEDERAL FARM CREDIT BANK NOTES 3133ELVX9 2,400,000.00 AA+ Aaa 04/03/20 04/08/20 2,400,000.00 0.88 4,841.67 2,400,000.00 2,419,094.40 DTD 04/08/2020 0.875% 04/08/2024 FANNIE MAE NOTES 3135GOX24 2,440,000.00 AA+ Aaa 03/04/20 03/05/20 2,529,328.40 0.85 18,833.75 2,523,369.81 2,569,410.28 DTD 01/10/2020 1.625% 01/07/2025 FREDDIE MAC NOTES 3137EAEPO 2,650,000.00 AA+ Aaa 02/13/20 02/14/20 2,647,959.50 1.52 15,127.08 2,648,113.80 2,778,424.30 DTD 02/14/2020 1.500% 02/12/2025 FEDERAL FARM CREDIT BANK NOTES 3133ELWC4 905,000.00 AA+ Aaa 04/09/20 04/13/20 905,000.00 1.15 2,370.60 905,000.00 906,786.47 DTD 04/09/2020 1.150% 04/09/2025 FEDERAL HOME LOAN BANK NOTES 313OA3HU6 1,205,000.00 AA+ Aaa 04/15/20 04/16/20 1,199,023.20 0.60 1,255.21 1,199,272.23 1,207,973.94 DTD 04/16/2020 0.500% 04/14/2025 FANNIE MAE NOTES 3135GO3U5 275,000.00 AA+ Aaa 05/21/20 05/26/20 276,168.75 0.54 319.88 276,145.27 277,314.95 DTD 04/24/2020 0.625% 04/22/2025 FANNIE MAE NOTES 3135G03U5 1,485,000.00 AA+ Aaa 04/22/20 04/24/20 1,481,940.90 0.67 1,727.34 1,482,054.95 1,497,500.73 DTD 04/24/2020 0.625% 04/22/2025 FANNIE MAE NOTES 3135G03U5 1,700,000.00 AA+ Aaa 06/04/20 06/05/20 1,707,038.00 0.54 1,977.43 1,706,935.31 1,714,310.60 DTD 04/24/2020 0.625% 04/22/2025 FANNIE MAE NOTES 3135GO4Z3 1,865,000.00 AA+ Aaa 06/17/20 06/19/20 1,861,139.45 0.54 310.83 1,861,164.85 1,867,939.24 DTD 06/19/2020 0.500% 06/17/2025 Security Type Sub -Total 34,235,000.00 34,259,788.25 1.53 133,738.21 34,283,917.72 35,390,051.46 PFM Asset Management LLC Page 4 0 PfM CITY OF BURLINGAME Security Type/Description Dated Date/Coupon/Maturity CUSIP Corporate WELLS FARGO CORP NOTES 949746RS2 DTD 03/04/2016 2.500% 03/04/2021 BANK OF NEW YORK MELLON CORP 06406FAAl (CALLABLE) DTD 02/19/2016 2.500% 04/15/2021 BANK OF AMERICA CORP NOTE 06051GFW4 DTD 04/19/2016 2.625% 04/19/2021 MORGAN STANLEY CORP NOTES 61746BEAO DTD 04/21/2016 2.500% 04/21/2021 GOLDMAN SACHS GRP INC CORP NT 38141GVU5 (CALLABLE) DTD 04/25/2016 2.625% 04/25/2021 BRANCH BANKING & TRUST(CALLABLE) 05531FAV5 NOTE DTD 05/10/2016 2.050% 05/10/2021 CISCO SYSTEMS INC CORP (CALLABLE) 17275RB30 NOTES DTD 09/20/2016 1.850% 09/20/2021 CITIGROUP INC CORP (CALLABLE) NOTE 172967LC3 DTD 12/08/2016 2.900% 12/08/2021 IBM CORP BONDS 459200105 DTD 01/27/2017 2.500% 01/27/2022 WALT DISNEY COMPANY/THE CORP NOTES 25468PCW4 DTD 11/30/2012 2.350% 12/01/2022 AMAZON.COM INC BONDS 023135AW6 DTD 06/06/2018 2.400% 02/22/2023 JPMORGAN CHASE & CO BONDS 46647PBB1 DTD 03/22/2019 3.207% 04/01/2023 HOME DEPOT INC CORP NOTES 437076AZ5 DTD 04/05/2013 2.700% 04/01/2023 PFM Asset Management LLC Managed Account Detail of Securities Held For the Month Ending June 30, 2020 S&P Moody's Trade Settle Original YTM Accrued Amortized Market Par Rating Rating Date Date Cost at Cost Interest Cost Value 965,000.00 A- A2 08/17/16 08/22/16 988,343.35 1.94 7,840.63 968,469.77 978,234.01 2,000,000.00 A Al 09/05/17 09/07/17 2,034,600.00 2.00 10.555.56 2,006,920.00 2,030,044.00 920,000.00 A- A2 11/01/17 11/03/17 926,826.40 2.40 4,830.00 921,578.23 936,117.48 920,000.00 BBB+ A3 11/02/17 11/06/17 922,392.00 2.42 4,472.22 920,557.25 934,988.64 920,000.00 BBB+ A3 11/02/17 11/06/17 924,636.80 2.47 4,427.50 921,002.45 933,809.20 1,500,000.00 A- A3 05/12/16 05/16/16 1,497,810.00 2.08 4,356.25 1,499,623.37 1,518,789.00 1,425,000.00 AA- Al 01/14/19 01/16/19 1,388,349.00 2.85 7,396.15 1,408,285.94 1,450,241.03 920,000.00 BBB+ A3 11/20/17 11/22/17 926,283.60 2.72 1,704.56 922,149.54 947,518.12 2,000,000.00 A A2 02/06/17 02/09/17 2,013,700.00 2.35 21.388.89 2,004,345.01 2.064.468.00 1,075,000.00 A- A2 04/03/18 04/05/18 1,041,503.00 3.07 2,105.21 1,057,611.49 1,122,132.30 1,750,000.00 AA- A2 04/12/19 04/16/19 1,730,067.50 2.71 15,050.00 1,736,324.72 1,838,642.75 965,000.00 A- A2 04/02/19 04/04/19 970,336.45 3.06 7,736.89 968,119.85 1,002,437.18 1,075,000.00 A A2 04/03/18 04/05/18 1,054,682.50 3.11 7,256.25 1,063,804.19 1,135,305.35 Page 5 0 PfM CITY OF BURLINGAME Security Type/Description Dated Date/Coupon/Maturity CUSIP APPLE INC CORPORATE NOTES DTD 05/11/2020 0.750% 05/11/2023 APPLE INC CORPORATE NOTES DTD 05/11/2020 0.750% 05/11/2023 US BANK NA CINCINNATI CORP NOTES DTD 02/04/2019 3.375% 02/05/2024 PFIZER INC CORP NOTES DTD 03/11/2019 2.950% 03/15/2024 TOYOTA MOTOR CREDIT CORP CORP NOTES DTD 02/13/2020 1.800% 02/13/2025 TOYOTA MOTOR CREDIT CORP CORP NOTES DTD 02/13/2020 1.800% 02/13/2025 INTEL CORP CORPORATE NOTES DTD 03/25/2020 3.400% 03/25/2025 Managed Account Detail of Securities Held S&P Moody's Trade Settle Original YTM Accrued Par Rating Rating Date Date Cost at Cost Interest For the Month Ending June 30, 2020 Amortized Market Cost Value 037833DV9 715.000.00 AA+ Aal 05/04/20 05/11/20 713.055.20 0.84 744.79 713,145.78 721,945.51 037833DV9 1,460,000.00 AA+ Aal 05/07/20 05/11/20 1,463,723.00 0.66 1,520.84 1,463,549.60 1,474,182.44 91159HHV5 1,790,000.00 A+ Al 07/22/19 07/24/19 1,875,472.50 2.26 24,500.63 1,857,779.64 1,954,817.83 717081ES8 1,500,000.00 AA- Al 03/25/19 03/27/19 1,522,485.00 2.63 13,029.17 1,516,761.55 1,621,608.00 89236TGT6 380,000.00 A+ Al 05/21/20 05/26/20 385.339.00 1.49 2,622.00 385,227.51 392,509.98 89236TGT6 530,000.00 A+ Al 05/20/20 05/26/20 535,178.10 1.58 3,657.00 535,069.97 547,448.13 458140BP4 835,000.00 A+ Al 05/15/20 05/19/20 925,255.15 1.10 7,570.67 923,063.75 936,231.23 Security Type Sub -Total 23,645,000.00 23,840,038.55 2.25 152,765.21 23,793,389.61 24,541,470.18 Certificate of Deposit WESTPAC BANKING CORP NY CD 96121T4A3 1,615,000.00 A-1+ P-1 08/03/17 08/07/17 1,615,000.00 2.05 13,243.00 1,615,000.00 1,617,926.38 DTD 08/07/2017 2.050% 08/03/2020 BANK OF MONTREAL CHICAGO CERT DEPOS 06370REU9 1,800,000.00 A-1 P-1 08/01/18 08/03/18 1,800,000.00 3.19 52,794.50 1,800,000.00 1,805,394.60 DTD 08/03/2018 3.190% 08/03/2020 SWEDBANK (NEW YORK) CERT DEPOS 87019U6D6 1,860,000.00 A-1 P-1 11/16/17 11/17/17 1,860,000.00 2.27 5,160.47 1,860,000.00 1,873,005.12 DTD 05/18/2020 2.270% 11/16/2020 MUFG BANK LTD/NY CERT DEPOS 55379WZT6 930,000.00 A-1 P-1 02/27/19 02/28/19 930,000.00 2.94 9,667.35 930,000.00 946,877.64 DTD 02/28/2019 2.970% 02/26/2021 CREDIT AGRICOLE CIB NY CERT DEPOS 22535CDU2 900,000.00 A-1 P-1 04/03/19 04/04/19 900,000.00 2.83 6,084.50 900,000.00 916,201.80 DTD 04/04/2019 2.830% 04/02/2021 PFM Asset Management LLC Page 6 0 PfM Managed Account Detail of Securities Held For the Month Ending June 30, 2020 CITY OF BURLINGAME Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Dated Date/Coupon/Maturity CUSIP Par Rating Rating Date Date Cost at Cost Interest Cost Value SOCIETE GENERALE NY CERT DEPOS DTD 02/19/2020 1.800% 02/14/2022 NORDEA BANK ABP NEW YORK CERT DEPOS DTD 08/29/2019 1.850% 08/26/2022 DNB BANK ASA/NY LT CD DTD 12/06/2019 2.040% 12/02/2022 83369XDL9 65558TLL7 23341VZT1 1,180.000.00 1,500,000.00 885,000.00 A AA- AA- Al Aa3 Aa2 02/14/20 08/27/19 12/05/19 02/19/20 08/29/19 12/06/19 1,180.000.00 1,500,000.00 885,000.00 1.80 1.84 2.03 7,788.00 9,712.50 1,454.35 1,180,000.00 1,500,000.00 885,000.00 1,187.327.80 1,545,553.50 918,825.59 Security Type Sub -Total Asset -Backed Security 10,670,000.00 10,670,000.00 2.36 105,904.67 10,670,000.00 10,811,112.43 NAROT 2017-C A3 65478HADO 163,788.04 NR Aaa 12/06/17 12/13/17 163,760.35 2.12 154.32 163,776.62 164,831.35 DTD 12/13/2017 2.120% 04/15/2022 HART 2018-A A3 44891KAD7 255,918.67 AAA Aaa 04/10/18 04/18/18 255,880.13 2.79 317.34 255,900.16 258,864.81 DTD 04/18/2018 2.790% 07/15/2022 TACIT 2018-B A3 89238TAD5 769,324.13 AAA Aaa 05/09/18 05/16/18 769,312.67 2.96 1,012.09 769,318.30 781,116.18 DTD 05/16/2018 2.960% 09/15/2022 MBART 2018-1 A3 58772RAD6 527,961.74 AAA Aaa 07/17/18 07/25/18 527,941.46 3.03 710.99 527,950.23 535,044.77 DTD 07/25/2018 3.030% 01/15/2023 ALLYA 2018-3 A3 020073AC1 758,448.81 AAA Aaa 06/19/18 06/27/18 758,396.94 3.00 1,011.27 758,419.87 768,999.14 DTD 06/27/2018 3.000% 01/15/2023 NAROT 2018-B A3 65479GAD1 593,244.76 AAA Aaa 07/17/18 07/25/18 593,225.54 3.06 806.81 593,233.56 605,376.26 DTD 07/25/2018 3.060% 03/15/2023 HYUNDAI AUTO RECEIVABLES TRUST 44932NAD2 525,000.00 AAA NR 04/03/19 04/10/19 524.930.91 2.66 620.67 524,951.18 538,128.10 DTD 04/10/2019 2.660% 06/15/2023 HAROT 2019-2 A3 43815MACO 610,000.00 NR Aaa 05/21/19 05/29/19 609,977.25 2.52 427.00 609,983.37 628,306.34 DTD 05/29/2019 2.520% 06/21/2023 COPAR 2019-1 A3 14042WAC4 330,000.00 AAA Aaa 05/21/19 05/30/19 329,933.14 2.51 368.13 329,949.47 338,703.82 DTD 05/30/2019 2.510% 11/15/2023 PFM Asset Management LLC Page 7 0 PfM Managed Account Detail of Securities Held For the Month Ending June 30, 2020 CITY OF BURLINGAME Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Dated Date/Coupon/Maturity CUSIP Par Rating Rating Date Date Cost at Cost Interest Cost Value Asset -Backed Security NAROT 2019-B A3 65479HAC1 650,000.00 NR Aaa 05/21/19 05/28/19 649,853.04 2.51 722.22 649,889.06 668,938.47 DTD 05/28/2019 2.500% 11/15/2023 CARMX 2019-2 A3 14316LAC7 405,000.00 AAA NR 04/09/19 04/17/19 404.958.61 2.68 482.40 404,968.78 417,610.44 DTD 04/17/2019 2.680% 03/15/2024 HAROT 2020-1 A3 43813RAC1 630,000.00 NR Aaa 02/19/20 02/26/20 629,876.52 1.61 281.75 629,886.78 644,715.73 DTD 02/26/2020 1.610% 04/22/2024 TAOT 2020-A A3 89232HAC9 865,000.00 AAA Aaa 02/04/20 02/12/20 864,937.55 1.66 638.18 864,943.18 885,091.36 DTD 02/12/2020 1.660% 05/15/2024 CARMX 2020-1 A3 14315XAC2 410,000.00 AAA NR 01/14/20 01/22/20 409,919.56 1.89 344.40 409,926.80 421,843.75 DTD 01/22/2020 1.890% 12/16/2024 Security Type Sub -Total 7,493,686.15 7,492,903.67 2.50 7,897.57 7,493,097.36 7,657,570.52 Managed Account Sub -Total 119,674,081.88 119,769,270.04 1.99 652,830.73 119,914,400.27 124,278,146.23 Securities Sub -Total $119,674,081.88 $119,769,270.04 1.99% $652,830.73 $119,914,400.27 $124,278,146.23 Accrued Interest $652,830.73 Total Investments 124,930,976.96 PFM Asset Management LLC Page 8 Objective The CERBT Strategy 1 portfolio seeks to provide capital appreciation and income consistent with its strategic asset allocation. There is no guarantee that the portfolio will achieve its investment objective. Strategy The CERBT Strategy 1 portfolio is invested in various asset classes. CalPERS periodically adjusts the composition of the portfolio in order to match the target allocations. Generally, equities are intended to help build the value of the employer's portfolio over the long term while bonds are intended to help provide income and stability of principal. Also, strategies invested in a higher percentage of equities seek higher investment returns (but assume more risk) compared with strategies invested in a higher percentage of bonds. Compared with CERBT Strategy 2 and Strategy 3, this portfolio has a higher allocation to equities than bonds and other assets. Historically, equities have displayed greater price volatility and therefore, this portfolio may experience greater fluctuation of value. Employers that seek higher investment returns, and are able to accept greater risk and tolerate more fluctuation in returns, may wish to consider this portfolio. CalPERS Board may change the list of approved asset classes in composition as well as targeted allocation percentages and ranges at any time. Assets Under Management As of the specified reporting month -end: CERBT Strategy 1 Annual Expense Ratio $9,565,548,004 0.10% Composition Asset Class Allocations and Benchmarks The CERBT Strategy 1 portfolio consists of the following asset classes and corresponding benchmarks: Asset Class Global Equity Target 59% Target .- ± 5% Benchmark MSCI All Country World Index IMI (net) Fixed Income 25% ± 5% Bloomberg Barclays Long Liability Index Treasury Inflation- Bloomberg Barclays US TIPS Protected 5% ± 3% Index, Series L Securities ("TIPS") Real Estate FTSE EPRA/NAREIT Investment Trusts "REITs" 8% ± 5% Developed Index (net) Commodities 3% ± 3% S&P GSCI Total Return Index Cash - + 2% 91 Day Treasury Bill Portfolio Benchmark The CERBT Strategy 1 benchmark is a composite of underlying asset class market indices, each assigned the target weight for the asset class it represents. Target vs. Actual Asset Class Allocations The following chart shows policy target allocations compared with actual asset allocations as of the specified reporting month -end. CalPERS may temporarily deviate from the target allocation for a particular asset class based on market, economic, or other considerations. Strategy 1 ■ Target Actual 80% 60% 40% 20% 0% Global Fixed TIPS REITs Commodities Cash Equity Income CERBT Strategy I Performance as of June i 2020 1 Month 3 Months Fiscal YTD 1 Year 3 Years" 5 Years" 10 Years' Since Inception* (June 1, 2007) Gross Return',3 2.57% 14.10% 3.58% 3.58% 5.92% 5.84% 8.20% 4.82% Net Return2,3 2.56% 14.07% 3.49% 3.49% 5.83% 5.75% 8.10% 4.74% Benchmark Returns 2.53% 1371, 3.16% 3.16% 5.59% 5.43% 7.92% 4.38% Standard Deviation4 11.46% 10.14% 10.07% 12.85% Performance quoted represents past performance, which is no guarantee of future results that may be achieved by the fund. Returns for periods greater than one year are annualized. Gross performance figures are provided net of SSGA operating expenses. 2 Net Performance figures deduct all expenses to the fund, including investment management, administrative and recordkeeping fees. 3 See the Expense section of this document. Standard Deviation is based on gross returns. General Information Information Accessibility The CERBT Strategy 1 portfolio consists of assets managed internally by CalPERS and/or by external managers. Since it is not a mutual fund, a prospectus is not available and daily holdings are not published. CalPERS provides a quarterly statement of the employer's account and other information about the CERBT. For total market value, detailed asset allocation, investment policy and performance information, please visit our website at: www.calpers.ca.gov. Portfolio Manager Information The CalPERS Board, through its Investment Committee directs the CERBT investment strategy based on policies approved by the Board of Administration. State Street Global Advisors (SSGA) manages all underlying investments for CERBT, which includes: Global Equity, Fixed Income, Real Estate Investment Trusts, Treasury Inflation -Protected Securities, and Commodities.' Custodian and Record Keeper State Street Bank serves as custodian for the CERBT. Northeast Retirement Services serves as recordkeeper. Expenses CERBT is a self -funded trust in which participating employers pay for all administrative and investment expenses. Expenses reduce the gross investment return by the fee amount. The larger the expenses, the greater the reduction of investment return. Currently, CERBT expense ratios are 0.10% which consist of administrative expenses borne by CalPERS to administer and oversee the Trust assets, investment management and administrative fees paid to SSGA to manage all asset classes, and recordkeeping fees paid to Northeast Retirement Services to administer individual employer accounts. The expenses described herein are reflected in the net asset value per unit. The expense ratio is subject to change at any time and without prior notification due to factors such as changes to average fund assets or market conditions. CalPERS reviews the operating expenses annually and changes may be made as appropriate. Even if the portfolio loses money during a period, the expenses will still be charged. CERBT Strategy Risk Levels What Employers Own Each employer invested in CERBT Strategy 1 owns units of this portfolio, which invests in pooled asset classes managed by CaIPERS and/or external advisors. Employers do not have direct ownership of the securities in the portfolio. Price The value of the portfolio changes daily based upon the market value of the underlying securities. Just as prices of individual securities fluctuate, the portfolio's value also changes with market conditions. Principal Risks of the Portfolio The CalPERS CERBT Fund provides California government employers with a trust through which they may prefund retiree medical costs and other post -employment benefits (OPEB). CERBT is not, however, a defined benefit plan. There is no guarantee that the portfolio will achieve its investment objectives or provide sufficient funding to meet employer obligations. Further, CalPERS will not make up the difference between an employer's CERBT assets and the actual cost of OPEB provided to an employer's plan members. An investment in the portfolio is not a bank deposit, nor is it insured or guaranteed by the Federal Deposit Insurance Corporation (FDIC), CalPERS, the State of California or any other government agency. There are risks associated with investing, including possible loss of principal. The portfolio's risk depends in part on the portfolio's asset class allocations and the selection, weighting and risks of the underlying investments. For more information about investment risks, please see the document entitled "CERBT Principal Investment Risks" located at www.calpers.ca.gov. Fund Performance Performance data shown on page 1 represents past performance and is no guarantee of future results. The investment return and principal value of an investment will fluctuate so that an employer's units, when redeemed, may be worth more or less than their original cost. Current performance may be higher or lower than historical performance data shown. For current performance information, please visit www.calpers.ca.gov and follow the links to California Employers' Retiree Benefit Trust. CalPERS offers employers the choice of one of three investment strategies. Projected risk levels among strategies vary, depending upon the target asset class allocations. Generally, equities carry more risk than fixed income securities. CERBT Strategy 1 More conservative Less conservative CERBT Strategy 2 More conservative Less conservative IL CERBT Strategy 3 More conservative Less conservative TargetAsset Class • •ns Global Equity Strategy 1 59% StrategyStrategy 40% 22% Fixed Income 25% 43% 49% Treasury Inflation -Protected Securities 5% 5% 16% Real Estate Investment Trusts 8% 8% 8% Commodities 3% 4% 5% I Since June 2018 SSGA has passively managed all CERBT asset classes. Previously Fixed Income, TIPS and Commodity asset classes were managed internally by CaIPERS. PUBLIC AGENCY RETIREMENT SERVICES PARS CITY OFBURLINGAME Account Report for the Period PARS Post -Employment Benefits Trust 6/1/2020 to 6/30/2020 Carol Augustine Finance Director City of Burlingame 501 Primrose Rd., 1 st Floor Burlingame, CA 94010 Account Summary Balance as of Balance as of Source 6/1/2020 Contributions Earnings Expenses Distributions Transfers 6/30/2020 PENSION $12,325,094.30 $0.00 $242,991.47 $5,265.31 S0.00 $0.00 $12,562,820.46 Totals $12,325,094.30 $0.00 $242,991.47 $5,265.31 $0.00 $0.00 $12,5629820.46 Investment Selection Source PENSION City of Burlingame Investment Objective Source PENSION Individual Custom Account Investment Return Annualized Return Source 1-Month 3-Months 1-Year 3-Years 5-Years 10-Years Plan's Inception Date PENSION 1.97% 12.38% 4.63% 10/3/2017 Information as provided by US Bank, Trustee for PARS; Not FDIC Insured; No Bank Guarantee; May Lose Value Past performance does not guarantee future results. Performance returns may not reflect the deduction of applicable fees, which could reduce returns. Information is deemed reliable but may be subject to change. Investment Return: Annualized rate of return is the return on an investment over a period other than one year multiplied or divided to give a comparable one-year return. Account balances are inclusive of Trust Administration, Trustee and Investment Management fees Headquarters - 4350 Von Karman Ave., Suite 100, Newport Beach, CA 92660 800.540.6369 Fax 949.250.1250 www.pars.org AGENDA NO: 10a BURLINGAME STAFF REPORT MEETING DATE: August 17, 2020 To: Honorable Mayor and City Council Date: August 17, 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: Update and Discussion of the Temporary Street Closure Program for Broadway, Downtown Burlingame Avenue, and Parklets on the Side Streets in the Downtown Area to Facilitate Safe Outdoor Dining and Pedestrian Activity, and Discussion and Direction Regarding Allowing Personal Services in the Public Right -of -Way RECOMMENDATION Staff recommends that the City Council receive an update and discuss the pilot street closures of Broadway and Downtown Burlingame Avenue, and the parklets on nearby side streets to facilitate safe outdoor dining and pedestrian activity, and consider the following: • Continue the temporary street closure of Broadway on weekends (from Saturday at 4 p.m. to Sunday at 10 p.m.); and Terminate the temporary street closure of Downtown Burlingame Avenue, and instead allow temporary parklets in parking lanes in front of restaurants to facilitate safe outdoor dining. Staff further recommends that the City Council discuss and provide direction regarding its interest in allowing personal services businesses, such as hair salons, barber shops, and nail salons, to provide services in the public right-of-way. BACKGROUND On June 9, 2020, the City Council held a special meeting to discuss temporarily closing off Downtown Burlingame Avenue to facilitate safe outdoor dining, and directed staff to implement the temporary street closures. On July 6, 2020, the City Council authorized extension of the pilot program to temporarily close off Downtown Burlingame Avenue for safe outdoor dining until the end of September barring major issues such as public health and safety concerns and complaints. At the July 6, 2020 meeting, the City Council also authorized installation of parklets in front of restaurants on side streets in the Downtown area. Additionally, the City Council authorized a pilot program to temporarily close off the Broadway commercial area for two weekends as a trial period before considering extending the program or taking other actions. Discussion of Temporary Street Closures of Broadway and Burlingame Avenue August 17, 2020 DISCUSSION On July 29, 2020, the Economic Development (ED) Subcommittee consisting of Vice Mayor Ann O'Brien and Councilmember Ricardo Ortiz held a special meeting to receive an update and discuss the temporary street closures of Broadway and Burlingame Avenue, and parklets on the side streets to accommodate safe outdoor dining. Jenny Keleher, President of the Downtown Business Improvement District (DBID); John Kevranian, President of the Broadway Business Improvement District (BID); Georgette Naylor, President and CEO of the Burlingame/SFO Chamber of Commerce; Terry Horn (representing landlords and tenants in the downtown area), and Sam Abbasi attended the subcommittee meeting. Broadway Temporary Street Closure Update Per the City Council direction on July 6, 2020, staff implemented the temporary street closure of Broadway for the two -weekend trial period of July 18-19, and July 25-26. Based on the success of this closure in terms of mask wearing, proper social distancing, etc., and at the recommendation of the ED Subcommittee, the street was closed again on the weekends of August 1-2 and August 7-8, and a closure is planned for August 15-16. There have been no reported complaints regarding lack of face coverings or social distancing compliance issues, and no traffic circulation and parking issues on Broadway and in the surrounding neighborhoods, with the exception of some minor signage issues. Based on staff's observation and positive feedback from the BID, the Broadway street closure has been working relatively well without major concerns at this time. At the August 12 ED Subcommittee meeting, the members of the Subcommittee indicated their support for the continuation of the temporary street closure of Broadway on the weekends barring future major public health and safety concerns and complaints. Burlingame Avenue Street Closure Update The pilot program for the temporary street closure of Burlingame Avenue (from Friday at 8 a.m. to Sunday at 10 p.m.) started on June 19, 2020. Since that time, the City has continued to receive complaints from the public regarding people not using face coverings and not adhering to social distancing requirements. The City has also received numerous complaints about adverse impacts to retail businesses on the Avenue and about individuals riding fast-moving bicycles and skateboards in the roadway. Additionally, the DBID recently surveyed their members to obtain their feedback regarding the street closures. They received 81 responses to the survey: 22 from restaurants, 36 from retailers, and 23 from service providers (salons, attorneys, etc.). 36 of the respondents were located on Burlingame Avenue, and 45 were located on other streets in the Downtown area. They survey indicated that: • 24 businesses were helped by the street closure • 29 business were hurt by the street closure (1 restaurant, retailers, service on and off the Avenue) • 26 businesses were unaffected by the street closure • 2 businesses were unsure how they were affected by the street closure (street closure or 2 Discussion of Temporary Street Closures of Broadway and Burlingame Avenue August 17, 2020 COVID concerns affecting business) Major concerns identified by the survey respondents included: • 39 indicated parking as their main concern • 32 complained about lack of face coverings and social distancing, and • 10 indicated lack of curbside pick-up parking main concern In summary, 42 respondents indicated support for the street closure program only if the public adheres to the face coverings and social distancing requirements; 34 respondents opposed the street closure program; and five respondents did not have an opinion one way or another. The survey results were provided to the City by the DBID. Separately, City staff has also been tracking complaints and issues related to the street closures. Staff has logged in a total of 62 complaints related to the street closures; the vast majority of these complaints are related to people ignoring face covering and social distancing requirements. Some complaints are also related to parking, bicyclists and skateboarders, and adverse impacts to retail businesses. On July 29, 2020, after reviewing the above concerns and input from the DBID, the ED Subcommittee recommended that the street closure of Burlingame Avenue be reduced to Saturday starting at 5 a.m. to Sunday at 10 p.m. Staff implemented the reduced street closure of Burlingame Avenue on the weekends of August 1-2, and August 7-8, and the next one is planned for the weekend of August 15-16. Additionally, at their August 12 meeting, the ED Subcommittee recommended that the City Council consider terminating the pilot street closure and replacing it with a pilot program of parklets to facilitate safe outdoor dining and to address the public health and safety concerns of lack of social distancing/face coverings, and adverse impacts to retail businesses. Installing parklets would also allow restaurants on Burlingame Avenue to expand their dining space seven days a week, rather than just on weekends, as the parklets would remain during the week. Parklets on Burlingame Avenue Instead of Street Closure Should the City Council wish to replace the temporary street closure program with parklets on Burlingame Avenue as recommended by the ED Subcommittee, staff has identified approximately 28 parklets that can be installed in the parking lane in front of restaurants. The parklets will be made of heavy-duty traffic rated plastic barriers that will be filled with water to provide protection to the public within the parklet area. The parklets are heavy and are not designed to be set up and removed frequently. Once installed, the parklets will remain in place during weekdays and weekends until the end of the pilot program as directed by the City Council. The creation of parklets on Burlingame Avenue will result in the loss of approximately 60 to 65 parking spaces for the duration of the program, compared to the loss of approximately 150 to 160 spaces during the weekend closures. Among other requirements, the restaurants will be required to commit to using the parklets a minimum of three days per week to prevent unnecessary blocking of parking spaces and minimize loss of parking. 3 Discussion of Temporary Street Closures of Broadway and Burlingame Avenue August 17, 2020 At the request of restaurants on the side streets, staff has already installed 13 parklets. Thus far, staff has not received any complaints or negative feedback regarding the parklets. Potential Cessation of the Programs to Address Public Health and Safety Concerns The City may remove any of the street closures and parklets 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, or if other safety or traffic issues emerge. Personal Services On August 1, 2020, San Mateo was placed on the State Monitoring List, which led to additional, mandatory business closures countywide starting at 12:01 a.m. on August 2, 2020. The list of businesses that had to close their indoor operations includes gyms; personal care services such as hair salons, barber shops, and nail salons; and certain offices. While the City has been focused on providing opportunities for outdoor dining via the street closures and parklets described above, the new business closures have led to requests by personal care service businesses to operate outside, in the public right-of-way. Although previously not allowed under State law, the State has now determined that these services can operate outdoors provided they follow State guidelines and the municipality approves. Businesses have proposed operations in open areas of private property (such as rear parking lots or side yards), as well as operations within public property such as sidewalks and parklets. Since San Mateo County's placement on the Monitoring List, various jurisdictions within the county have been evaluating this matter, and some have agreed to allow personal services to operate outdoors in some capacity. For example, the City of San Mateo recently allowed outdoor operations within private parking lots (such as shopping centers), and in recessed areas of storefronts that do not encroach into a public sidewalk (see attached). However, businesses may not utilize public sidewalks, parklets or closed streets. Personal care services may only be performed in outdoor areas of a licensed establishment contiguous with or adjacent to their business premises, and businesses within 50 feet from any outdoor dining areas may only provide services before 11 am and only while outdoor dining is not occurring. Blow dry services are prohibited to prevent hair from blowing into outdoor dining areas, and business are required to capture and collect all hair debris and prevent it from leaving the immediate area or entering the storm drain. The state's Department of Consumer Affairs has provided further guidance through a memorandum to the Board of Barbering and Cosmetology (attached) that outlines requirements or guidelines for licensees that want to operate outdoors such as: • Services are allowed on sidewalks and other public thoroughfares and parking lots if reasonably proximate to the licensed establishment and must be closed to public access during period of service. M Discussion of Temporary Street Closures of Broadway and Burlingame Avenue August 17, 2020 • Chemical hair services including, but not limited to permanent waving, relaxing, bleaching, tinting, coloring, dyeing, straightening, shampooing and electrolysis are not allowed outdoors. Furthermore, the Board of Barbering and Cosmetology has issued a checklist for establishment owners to complete prior to beginning services in an outside setting (attached). In Burlingame, for businesses that have proposed operations in open areas of private property such as rear parking lots or side yards, staff has provided authorization with the condition that operators follow Industry Guidance issued by the State of California and County of San Mateo Health Orders. However, most personal service establishments are either not located in shopping centers or don't have outdoor space available onsite. Many of these establishments have requested permission to operate in parklets, and/or on sidewalks. The ED Subcommittee considered this matter at its regular meeting on August 12, 2020 (Draft Meeting Minutes attached). The subcommittee recommended that the matter be discussed by the full Council in conjunction with the streets and parklets discussion, particularly as the use of parklets for outdoor personal services had been proposed by some businesses. Should the Council be amenable to allowing personal services to operate outdoors, staff would develop guidelines and an application process reflecting Council direction specific to Burlingame. At a minimum, staff would recommend prohibiting the use of generators and extension cords that connect to the adjacent building. Staff has safety concerns associated with both of these items. In addition, staff would recommend that businesses have a plan for disposing of water inside the business and capturing hair and other products so that nothing enters the storm drains. FISCAL IMPACT Procuring hydro -barriers for the 28 restaurant parklets on Burlingame Avenue is estimated to cost approximately $80,000. This is in addition to the previously approved costs related to street closures and parklets. Staff estimates a monthly loss of parking meter revenue of $15,000 to $20,000 per month compared to a weekend -only loss of $10,000 to $12,000. Staff does not have an estimate at this time as to the cost of procuring barriers for personal services businesses or the loss of parking meter revenue. Exhibits: • Draft Parklet Plan for Downtown Burlingame Avenue • Draft Broadway Street Closure and Detour Plan • Economic Development Subcommittee Meeting Minutes — Special Meeting July 29, 2020 • Draft (unapproved) Economic Development Subcommittee Meeting Minutes — August 12, 2020 • City of San Mateo Temporary Outdoor Personal Care Services Guidelines • Department of Consumer Affairs: Guidance on Performing Personal Care Services Outdoors • Board of Barbering and Cosmetology: Outside Services Checklist for Establishments 5 f BURLINGAME AVENUE: EXISTING lllllllll 10' 1' 1' 2' Sidewalk B B Si_ I IIIIIIIII 2' 1' 1' 10' Si_ B B Sidewalk ""'711 1' 1' 2' 1' 6%' B B Si_ L Outdoor din_ 6m, 1' 2' 1' 1' 10' Outdoor din_ L Si_ B B Sidewalk i Approximate Park{ng,,Lo s: IO'Space!� +� tow 4l f I In oil •+a I1 � yT'� -9 .op V NOT . T ro i. y 0 4rA io. "! i� 'CIA ■ o� r - • CU LL do * � • `` • R ZM aIr • FR ! �~ i � x -♦ ■L IL N ' O. Am 'I've i i &see n Oak "A ZiA 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 City Council Economic Development Subcommittee BURLINGAME MINUTES (DRAFT) Conference Room A City Hall, 501 Primrose Road — Burlingame, California Wednesday, July 29, 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, Finance Director (FD) Carol Augustine Members of the Public Present: John Kevranian (President of Broadway Business Improvement District), Georgette Naylor (President of Burlingame Chamber of Commerce), Jenny Keleher (President of the Downtown Burlingame Business Improvement District), Terry Horn (Henry Horn & Sons), Sam Abassi READ AND APPROVE MINUTES FROM JULY 1 MEETING Approved. DISCUSSION ITEMS Review of Street Closures on Broadwav and Burlinaame Avenue PWD Murtuza introduced the topic, starting with Broadway. He noted the two -week pilot went particularly well, despite some early complaints about signage. Some restaurants were taking over the fire lane, and they have now been informed that this is not allowed. There were no concerns with traffic and no current complaints from residents. John Kevranian (President of Broadway BID) commended the City for the initiative and noted that restaurants are grateful. He noted that some restaurants have difficulties accommodating customers due to limited square footage of store frontages and inquired whether restaurants could expand their seating into adjacent areas not being used by retailers. Mask compliance is high, and he noted that customers visiting Broadway are mainly Burlingame residents, whereas Burlingame Avenue has a more regional draw. PWD Murtuza mentioned that restaurants are allowed to encroach into other store frontages as long as there is written permission that can be sent to the City for enforcement. Vice Mayor O'Brien noted that face masks are much better on Broadway and highlighted the A -frames City Council Economic Development Subcommittee — Minutes July 29, 2020 (DRAFT) in particular (which she hopes can be implemented on Burlingame Avenue); CM Goldman noted that Library staff created the signs, and Public Works staff have already placed the signs at Burlingame Avenue. She mentioned that some restaurants did not have tables six feet apart, but CM Goldman noted that the City does not have the required staff to police the social distancing measures. There is a hope that businesses will hold more self -accountability for complying with health mandates. CM Goldman and Vice Mayor O'Brien requested that the BIDs distribute additional messaging to their membership to stress the mandates to prevent San Mateo County entering the State's COVID-19 watchlist. Councilmember Ortiz questioned traffic circulation on Broadway for safety concerns. SCE Wong noted that drivers are generally courteous to each other on the side streets. Councilmember Ortiz mentioned that complaints on Broadway are much fewer, and he is particularly concerned about social distancing and mask enforcement on Burlingame Avenue. He mentioned preliminary support for parklets on Burlingame Avenue, rather than the full street closure, to help discourage a festive atmosphere. CM Goldman noted that some retailers are voicing great concern over lost business. Jenny Kelleher (President of DBID) introduced the results of a survey that the DBID had distributed. She mentioned that the majority of responses are in favor of an extension of the closure, but highlighted great concern over face coverings and social distancing. The vast majority of retailers have reported being negatively affected, and the majority of restaurants have reported being positively affected. Mr. Kevranian noted that Broadway retailers are enjoying the benefits of the street staying open until Saturday at 4 p.m., and there were fewer complaints from businesses. Ms. Kelleher noted that many comments requested the street to remain open on Fridays, or to close in the afternoon. CM Goldman noted that one restaurant was interested in a more permanent parklet with nicer amenities, which Ms. Kelleher supports as well. PWD Murtuza noted that Burlingame Avenue can have outdoor dining without a closure due to the wider sidewalks, and parklets can prevent concerns with restaurants encroaching into others' storefronts. He mentioned that additional rental parklet barriers are not currently available, so fulfilling requests is difficult even now (even before considering parklets for Burlingame Avenue). PWD Murtuza noted that parklets could be combined to form a contiguous parklet for multiple restaurants. SDSDM Heathcote estimated that about 20 parklets can be created with the amount of barriers remaining in stock. The City is currently renting parklet barriers, but there is an option to purchase the barriers at a higher price point (but lower overall since it is a one-time cost) with a quicker turnaround. PWD Murtuza voiced support for hydro -filled barriers only, and mentioned that restaurants are welcome to do their own parklets, but they must be evaluated properly for safety. CM Goldman supported purchasing barriers for the remaining parklets, particularly for the shorter lead time to implementation. She noted that the item must be brought to the full Council on August 17. Vice Mayor O'Brien questioned where the city has space to store the barriers, and PWD Murtuza noted there is some space in their park storage yard. Once the barriers are no longer needed, staff will need to evaluate whether the barriers can be re -sold given the lack of storage space. 2 City Council Economic Development Subcommittee — Minutes July 29, 2020 (DRAFT) Councilmember Ortiz recommended bringing an item to the City Council on August 17 to stop the closure of Burlingame Avenue. CM Goldman noted that a modification to close the Avenue starting on Saturday morning, rather than Friday morning, through Sunday is possible. Vice Mayor O'Brien agreed and hoped that removing Fridays will send a message for people to follow regulations. Terry Horn questioned the encroachment permit requirements for expanding into another storefront's area. PWD Murtuza noted that any applicable encroachment permits are modified to denote the amendment. Mr. Horn wondered if masks can be manually distributed to those not in compliance, but CM Goldman mentioned a general concern over conflicts that may results from this. The Broadway closure will continue unmodified for now, but the Burlingame Avenue closure modification to parklets will be discussed at the City Council meeting on August 17. Councilmember Ortiz requested that Mr. Kevranian notify the Broadway BID members that the City is pleased with the safety compliance on Broadway, though he cautioned that the closure can change if compliance does not continue. PWD Murtuza voiced concern over a dueling Broadway closure promoting a festive atmosphere and parklets on Burlingame Avenue, and Vice Mayor O'Brien theorized that the issue is particularly sensitive because San Mateo County is one of the only local counties not on the State's watchlist. Discussion of Retail Establishment Encroachments into the Public Right -of -Way EDS Sanfilippo introduced the topic, noting that some retailers are requesting encroachments into the street for pop-up tents. PWD Murtuza noted that the tents cause crowding, and are also a safety concern. Vice Mayor O'Brien noted that indoor retailers are allowed to operate. Councilmember Ortiz agreed, particularly given the current atmosphere on Burlingame Avenue, which is having difficulties even with the current social distancing guidelines. Future Agenda Topics The August 12 meeting will revisit the reviews of both the Broadway and Burlingame Avenue closures in anticipation of the August 17 City Council meeting. Miscellaneous Discussion All discussion was related to the agenda items. Action Items Mallick and Heathcote will modify the closure either this weekend or next. Engineering technicians from Public Works will try to notify restaurants about changes to the closure, if staff time allows. A discussion of the full parklet option for Burlingame Avenue will go to City Council on Aug 17. FUTURE AGENDA TOPICS 9 City Council Economic Development Subcommittee — Minutes July 29, 2020 (DRAFT) • August 12, 2020 - Revisit of Broadway and Burlingame Avenue closures PUBLIC COMMENTS There were no public comments. ADJOURNMENT Meeting adjourned at 9:17 a.m. Respectfully submitted, Joseph Sanfilippo Economic Development Specialist 4 City Council Economic Development Subcommittee BURLINGAME MINUTES (DRAFT' Conference Room A City Hall, 501 Primrose Road — Burlingame, California Wednesday, August 12, 2020 — 8:15 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, Parks and Recreation Director (PRD) Margaret Glomstad, Chief of Police (COP) Mike Matteucci, Finance Director (FD) Carol Augustine Members of the Public Present: John Kevranian (President of Broadway Business Improvement District), Georgette Naylor (President of Burlingame/SFO Chamber of Commerce), Leon Nguyen, Jaki Berry, Rayan Vahabi, Sam Abbassi, Pookie Selig READ AND APPROVE MINUTES FROM SPECIAL JULY 29 MEETING Approved. DISCUSSION ITEMS Review of Street Closures on Broadway and Burlingame Avenue PWD Murtuza introduced the topic. He noted that Burlingame Avenue had been modified to a Saturday and Sunday closure only, and Public Works had received no further complaints. The Broadway closure continues to go well. CM Goldman mentioned several complaints that the Mayor had received, related to a lack of social distancing and biking on the street. The Subcommittee members noted they have received similar comments related to bikers, lack of face covering compliance and a lack of social distancing. CM Goldman mentioned that some retailers gave positive feedback about reopening the street on Fridays. She also noted that several restaurants are requesting construction of more permanent parklets. As a result, staff is recommending that Burlingame Avenue be reopened 7 days a week, to allow parklets for restaurants that request one and to try to stop some of the problematic behavior happening on Burlingame Avenue. Vice Mayor O'Brien agreed and cited a similar example in Carmel -by -the -Sea, though she noted that guidelines may need to be developed for restaurants to create their own parklets. She also questioned if additional signage discouraging biking on Burlingame Avenue would be possible, though City Council Economic Development Subcommittee — Minutes (DRAFT) August 12, 2020 CM Goldman suspected that this may not as necessary once the street is reopened. Councilmember Ortiz noted that the festival atmosphere on Burlingame Avenue was an issue, but he is concerned that parklets will be placed and not be used. He hopes that the City will have recourse to remove unused parklets. CM Goldman wondered if a stipulation to require tables and chairs out in a parklet for a certain number of days would be feasible. The Subcommittee concurred that parklets must be used a minimum of 3 days a week. A recommendation will go to the full Council on August 17 to remove the Burlingame Avenue closure. PWD Murtuza noted that 150 parking spaces would be regained by reopening the street, but the installation of parklets will result in a loss of 50-60 spaces. The Subcommittee members questioned if businesses could simply purchase their own parklets, but PWD Murtuza noted that the barriers would still be required for traffic safety, though decoration could be allowed under new guidelines. Pookie Selig noted that many businesses are not complying with City guidelines for decoration, and restaurants are not sure how much money to invest if parklets were to end in September. CM Goldman noted that parklets do not have an end date as of yet, and the Burlingame Avenue closure is now slated to terminate after the August 17 Council meeting. Discussion of Personal Services While on State Watchlist CM Goldman introduced the topic and noted that personal services were shut down by the State when the County went on the watchlist. The State has guidelines for outdoor services, but this is not currently permitted in Burlingame in the public right-of-way. CM Goldman noted that personal services are allowed in the private lots, patios, etc., but have not been permitted for use in the public right-of-way due to sanitary concerns, stormwater concerns, and a lack of social distancing. EDS Sanfilippo mentioned that the only jurisdictions allowing personal services in the public right-of- way at this time are Foster City, Menlo Park, and Fremont. PWD Murtuza noted that there may simply be too many personal services businesses, particularly given the lack of space for ADA compliance and social distancing. Georgette Naylor (Chamber of Commerce) mentioned a non -compliant business on Burlingame Avenue with a fairly large tent. Councilmember Ortiz expressed regret that allowing personal services in the public right-of-way was not possible, but wanted to err on the side of safety. Vice Mayor O'Brien wondered if salons can set up an enclosed tent, but EDS Sanfilippo noted that canopies must have 3 sides open per State guidelines. Jaki Berry (salon consultant) noted the frustration from personal services businesses, given the Pa City Council Economic Development Subcommittee — Minutes August 12, 2020 (DRAFT) parklets granted to restaurants. She also mentioned that chemicals are not permitted for hair salons, though she is not as familiar with nail salons or massage services. She questioned several unique situations for private property, and then queried if parklets would be possible for personal services, provided spacing would be adequate. She also questioned how enforcement would be performed, and CM Goldman noted that enforcement is primarily complaint -based. The Subcommittee members discussed if they would consider allowing parklets for personal services if possible, and not near a restaurant. CM Goldman noted that barricades are in short supply and will have to be purchased. Vice Mayor O'Brien again reinforced that safety is a priority, but advocated for businesses to submit a plan to show safe social distancing and compliance with State guidelines. She also wondered if a parklet would be possible if personal services abut a City parking lot. Councilmember Ortiz agreed but expressed concern. Jaki Berry offered to contact salons on the City's behalf if the City approves personal services for outdoor service and guidelines are developed. CM Goldman noted that nail salons may be possible to provide just nail polish, but she would want a plan to avoid any runoff of chemicals. Vice Mayor O'Brien requested follow-up for enforcement of compliance and revocation if non -compliant. CM Goldman mentioned that EDS Sanfilippo and Code Enforcement or Police may have to patrol to ensure this. Brief Update on Minimum Wage Discussion CM Goldman introduced the topic, mentioning the original discussion at a Council meeting earlier in 2020. A Councilmember requested a survey on the topic given the COVID-19 pandemic, but Vice Mayor O'Brien requested a question to differentiate between residents and business owners. Future Agenda Topics Vice Mayor O'Brien requested a follow-up for the topics discussed at today's meeting, as well as a check -in with hoteliers if possible. Miscellaneous Discussion All discussion was related to the agenda items. Action Items The Broadway closure will remain unchanged, and Burlingame Avenue will be reopened, pending the full City Council's decision on August 17. A discussion of personal services in the public right-of-way will be brought to the full Council on August 17. A minimum wage survey will be developed and distributed by the end of next week. FUTURE AGENDA TOPICS • September 9, 2020 — Review of Broadway closure and parklets downtown and revisit with hoteliers 9 City Council Economic Development Subcommittee — Minutes August 12, 2020 (DRAFT) PUBLIC COMMENTS There were no further public comments. ADJOURNMENT Meeting adjourned at 9:21 a.m. Respectfully submitted, Joseph Sanfilippo Economic Development Specialist I'! Temporary Outdoor Personal Care Services Guidelines The City of San Mateo is temporarily allowing personal care services providers such as hair parlors, nail salons, and barber shops to expand their services outdoors. At this time we are not requiring businesses to obtain a permit from the City. Below is a list of guidelines that personal care services providers must follow to operate safely. The Temporary Outdoor Personal Care Services may be provided until State and County orders do not prohibit indoor personal care services or until the City directs otherwise. All personal care services providers must follow Industry Guidance issued by the State of California, County of San Mateo Health Orders, and City of San Mateo guidelines. It is the responsibility of the individual business owners, service providers, and operators to remain knowledgeable of changes to state, county, and city guidelines, as they may be amended from time to time. State of California and County of San Mateo Guidelines for Personal Care Services: 1. COVID-19 Industry Guidance: Expanded Personal Care Services Provided Outdoors 2. California Department of Consumer Affairs Guidance on Performing Personal Care Services Outdoors 3. San Mateo County Order (c19-1d) July 14, 2020 4. County's COVID-19 Social Distancing Protocol (updated June 17, 2020) In addition to State and County guidelines, licensed providers must comply with the following City of San Mateo Guidelines: Eligibility Criteria: 1. All personal care services providers must have a valid City of San Mateo Business Tax License. 2. Outdoor personal care services shall only be performed by current tenants of the shopping center or commercial building. 3. Businesses shall obtain written authorization for the use of private sidewalks, private parking areas, or other private areas for outdoor personal care services from the property owner. 4. Tenants located in shopping centers with multiple commercial tenants shall work with the management or property owner to equitably allocate the available private sidewalks, patios, and parking areas for all temporary outdoor services. Safety, Location, Accessibility 1. Businesses cannot utilize parklets or closed streets created by the City of San Mateo for personal care services, as those areas are restricted to provide for outdoor dining. 2. Businesses cannot locate furniture or perform any services on the public sidewalk or public right of way. 3. Personal care services should only be performed in outdoor areas of a licensed establishment contiguous with or adjacent to their business premises. City of San Mateo Updated August 2020 4. Outdoor personal care service areas shall comply with all 2019 CBC 11B & ADA access requirements; and a minimum four -foot (4-0") wide path of travel shall be maintained at sidewalks and walks. For path of travel between serving stations, a minimum three-foot (T-0") wide shall be maintained if serving elements on only one side, and a minimum three-foot and eight -inch (T-8") wide shall be maintained if serving elements on both sides. A minimum of six-foot (6'-0") social distance must be maintained between service stations in the outdoor service area. 5. No furniture, fixture, or equipment shall be permanently affixed outdoors. 6. Businesses shall be responsible for maintaining the outdoor service area in a clean and tidy manner at all times 7. Businesses must pick up debris, remove equipment from outdoors, and clean trash prior to closing daily. 8. With written consent from the landlord/property manager, businesses with private parking facilities may utilize those parking facilities to provide outdoor personal care services. (A. Illustration of Acceptable Outdoor Personal Care Services Area Standards in Private Parking) 9. Businesses using a generator must comply with general safety guidelines related to location (minimum 20 feet from any building), ventilation, fuel storage and noise generation. See SMC Municipal Code Chapter 7.30 NOISE REGULATIONS for noise standards. Operations: 1. Businesses within 50 feet from any outdoor dining areas can only provide services before 11 am and only while outdoor dining is not occurring. These establishments must only use the area immediately in front of the business underneath an awning, overhang, or set -back area. (B. Illustration of Acceptable Outdoor Personal Care Services Areas within 50 feet of Parklet/Outdoor Dining Areas) 2. Blow dry services are prohibited to prevent hair from blowing into outdoor dining areas. Business shall capture and collect all hair debris and prevent it from leaving the immediate area or entering the storm drain. 3. All personal care service providers must follow all State Industry Guidelines and County Health Order requirements such as mask wearing requirements, social distancing protocol, sanitation standards, and CAL/OSHA requirements. 4. Businesses must a have valid insurance for outdoor service, and individual stylists must carry their own insurance. Enforcement 1. The City reserves the right to enforce and/or prohibit a temporary outdoor establishments that: (i) creates an obstruction to, or causes congestion of, pedestrian or vehicular traffic due to existing conditions on the property or surrounding public right-of-way; (ii) represents a danger to the health, safety or general welfare of the public; and/or (iii) violates the requirements of the City of San Mateo City Temporary Outdoor Personal Care Services Guidelines, violates any applicable State, or County Health Orders or Industry Guidance. City of San Mateo Updated August 2020 A. Illustration of Acceptable Outdoor Personal Care Services Area Standards in Private Parking Areas Safety barriers Safety barriers { Clear Walkway min.4' wide No use of adjacent tenant ------- �---�------------------- frontage �� Adjacent Tenant Entrance Hair Salon or Garbershop B. Illustration of Acceptable Outdoor Personal Care Services Areas within 50 feet of Parklet/Outdoor Dining Areas No service shall impede Into ADA spaces Establishments within 50 ft from any outdoor dining areas can only provide services before 11 am and only while outdoor dining is not occurring; these establishments must only use the area immediately in front of the business underneath an awning, overhang, or set -back area identified above in the blue shaded area. City of San Mateo Updated August 2020 BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY . GAVIN NEWSOM, GOVERNOR :... Executive Office` DEPARTMENT OF CONSUMER AFFAIRS 1625 North Market Blvd., Suite S-308, Sacramento, CA 95834 P (916) 574-8200 F (916) 574-8613 1 www.dca.ca.gov MEMORANDUM DATE July 20, 2020 TO Board of Barbering and Cosmetology Licensees Kimberly Kirchmeyer FROM Director Department of Consumer Affairs SUBJECT Guidance on Performing Personal Care Services Outdoors I. Introduction On March 4, 2020, Governor Gavin Newsom proclaimed a State of Emergency in California in response to COVID-19. Since that time, the State Public Health Officer has issued Statewide Public Officer Orders requiring the closure of certain sectors to disrupt the spread of COVID-19 among the population. The most recent Statewide Public Health Officer Order, issued on July 13, 2020, requires, for counties on the State Monitoring List, the closure of indoor operations for additional sectors that include barbering and cosmetology. The Order specifies that operations may continue outdoors, where risk of transmission of COVID-19 is lower, under specified circumstances. The following guidance identifies the services that may be performed outdoors, the health and safety standards applicable to an establishment's use of outdoor spaces, and the locations that may be used to provide outdoor services. II. Outdoor locations in which services may be performed Licensed services should only be performed in outdoor areas outside a licensed establishment that are contiguous with or adjacent to a licensed establishment, consistent with state public health directives. In addition to outdoor spaces that are contiguous with or adjacent to a licensed establishment, licensed services may be provided in outdoor spaces that are (1) in close proximity to the licensed establishment; (2) immediately accessible to the licensee; and, (3) secured and under the control of the licensee. Examples of these types of approved outdoor spaces include, but are not limited to: Guidance on Performing Personal Care Services Outdoors Page 2 • Parking lots in which the licensed establishment is contained; and • Sidewalks and other public thoroughfares reasonably proximate to the licensed establishment that are closed to public access during the period of service. Any outdoor space proposed to be used for services: • Must be reasonably accessible by the licensee of the licensed establishment to enable the cleansing and disinfection of tools and personal protective equipment; • Must have the same ventilation and airflow as the outdoors; and, • Cannot be enclosed or partially enclosed on more than one side in a way that otherwise restricts normal airflow. III. Permissible outdoor services Barbering and cosmetology establishments providing outdoors services should not perform services that would require a customer to enter the establishment. All other barbering and cosmetology services may be performed in outdoor settings, except for the following services: • All chemical hair services including, but not limited to, permanent waving, relaxing, bleaching, tinting, coloring, dyeing and straightening; • Shampooing; and • Electrolysis. These services may not be performed outdoors. Chemical hair services and shampooing cannot be performed outdoors due to the inability to ensure adequate drainage and proper waste disposal. In addition, electrolysis is an invasive procedure that involves skin puncturing and blood draws and should only be performed indoors, in a controlled environment. IV. Health and safety standards applicable to outdoor spaces Licensees must comply with all applicable guidance and directives of the California Department of Public Health. Services provided in outdoor areas outside a licensed establishment must also conform to all other applicable laws, including but not limited to applicable local land use requirements and permitting requirements, state and federal accessibility requirements, and Cal/OSHA's heat illness prevention standard. 2 Guidance on Performing Personal Care Services Outdoors Page 3 In addition, the health and safety standards generally applicable to licensees operating in licensed establishments continue to apply to an establishment's use of outdoor spaces. Accordingly, establishments and individual licensees that utilize outdoor spaces remain subject to the following standards: Business and Professions Code standards applicable to use of outdoor spaces: • § 7348: An establishment shall at all times be in the charge of a person licensed pursuant to this chapter except an apprentice. • § 7349: It is unlawful for any person, firm, or corporation to hire, employ, or allow to be employed, or permit to work, in or about an establishment, any person who performs or practices any occupation regulated under this chapter and is not duly licensed by the board, except that a licensed establishment may utilize a student extern, as described in Section 7395.1 or 7395.2. California Code of Regulations, Title 16, Division 9, standards applicable use of outdoor spaces: • § 978: Establishments shall maintain minimum equipment and supplies. • § 979: All non -electrical tools shall be disinfected prior to use. • § 980: All electrical tools shall be disinfected prior to use. • § 980.3: All foot basins or tubs shall be disinfected after each client. • § 980.4: When liners are used, all foot basins and tubs shall be cleaned after each use. • § 981 (a): All tools that cannot be disinfected must be thrown away after a single use. • § 984(a): No establishment shall permit a licensee afflicted with an infection or parasitic infestation to serve clients. • § 984(b): No establishment shall allow a licensee to work on a client with an infection or parasitic infestation. • § 985: A sanitary neck strip or towel shall be used to keep coverings from touching a client's skin. • § 986: All neck or nail brushes shall be cleaned prior to use. • § 987: All linens shall be properly laundered and stored in a clean covered place. • § 988(a): All liquids, creams, waxes, gels and other cosmetic preparations must be kept in clean closed containers. • § 988(b): All bottles and containers shall be labeled to disclose their contents. 3 Guidance on Performing Personal Care Services Outdoors Page 4 • § 988(c): When only a portion of a cosmetic preparation is needed, it must be removed from the bottle or container. • § 989: No establishment shall use a product disapproved by the FDA or have on the premises methacrylate monomer and/or methylene chloride. • § 990: All headrests or chairs shall be covered with a clean towel or paper sheet. Treatment tables must be covered with table paper, clean towel or clean sheet after each use. • § 991: No licensee shall perform an invasive procedure. • § 992: Skin exfoliation shall be the upper most layer of the skin. Skin removal techniques are prohibited. • § 993: No establishment shall use a razor-edged tool to remove calluses. No establishment shall have on the premises a needle like tool used for extractions. 0 BUSINESS, CONSUMER SERVICES, AND HOUSING AGENCY • GAVIN NEWSOM, GOVERNOR DEPARTMENT OF CONSUMER AFFAIRS • BOARD OF BARBERING AND COSMETOLOGY 6 P.O. Box 944226, Sacramento, CA 94244-2260 BarberCosmo Phone: (800) 952-5210 Email: barbercosmoadca.ca.gov Board of Barbering & Cosmetologti website: www.barbercosmo.ca.gov OUTSIDE SERVICES CHECKLIST FOR ESTABLISHMENTS PRIOR TO REOPENING The Board of Barbering and Cosmetology recommends establishment owners complete all items of the checklist prior to beginning services in an outside setting. The Board highly recommends that establishments maintain records of all appointments including your ..client's...name...a.n.d....phone...number. .......................................................................................................... 1. Contact your local county and city to determine if outside services are allowed at ❑ your location and obtain any permits if necessary. ..................................................................................................................................................................................................................................................................................................................................... _ ....................... 2. Print and read the guidance that has been published by the California Department ❑ of Public Health for outside services. ..................................................................................................................................................................................................................................................................................................................................... _ ....................... 3. Ensure all disinfection procedures established by the Board are followed. ❑ ....................................................................................................................................................................................................................................................................................................................................._....................... 4. Ensure all hair is disposed of in a covered waste receptacle. ❑ 5. Ensure that a container is available for all tools that have been soiled. ❑ ................................................................................................................................................................................................................................................................................................................................. _............................ 6. Ensure all clean tools are maintained in a clean covered container until needed for ❑ use. ........................................................................................................................................................................................................................................................................................................................................._............................ 7. Establish a schedule so that tools can be taken into the establishment for the ❑ disinfection process by only one licensee at a time. ........................................................................................................................................................................................................................................................................................................................................._............................ 8. Have a covered trash can available in the outdoor setting to throw away any used items that cannot be disinfected. This includes, but is not limited to, emery boards, ❑ nail buffers. facial saonaes. wax sticks. etc. These should be NEW for every client. 9. All liquids will be disposed of inside the establishment. ❑ ..................................................................................................................................................................................................................................................................................................................................... _ .................. 10. Pedicures will be done only by use of a portable tub using water obtained from ❑ inside the establishment and water must be disposed of inside the establishment. ..................................................................................................................................................................................................................................................................................................................................... _ ................. 11. Clean and disinfect restrooms. This includes: sinks, toilets, door knobs, hand air dryers, paper towel holders, soap dispensers, etc. Allow only one individual at a ❑ time to use the restroom. ........................................................................................................................................................................................................._.................. 12. Replace all disposable restroom items (toilet paper, paper towels) with new ones. ❑ 13. Place a trash container near the restroom door. ❑ 14. Place hand sanitizer in the restroom. ❑ 15. Wash any linens (clean or dirty) that have been in the establishment. ..................................................................................................................................................................................................................................................................................................................................... _ ................. ❑ 16. Wash or disinfect all capes. ....................................................................................................................................................................................................................................................................................................................................._.................. ❑ 17. Store all clean linens in a clean, covered place. ....................................................................................................................................................................................................................................................................................................................................._................. ❑ 18. Disinfect all pedicure bowls following the required procedures, even if they were ❑ disinfected prior to closing the establishment. ....................................................................................................................................................................................................................................................................................................................................._................. 19. Store soiled towels, robes, gowns, smocks, linens and sheets in a closed container. ❑ ......................................................................................................................................................................................................................................................................................................................................................... 20. Dispose of all waste, hair clippings, or refuse in covered receptacles. ....................................................................................................................................................................................................................................................................................................................................._.................. ❑ 21. Cover all headrests and/or treatment tables with a clean towel, sheet, or paper for ❑ each client. ONGOING SAFETY CONSIDERATIONS 22. Make sure all licensees use an effective alcohol -based product before providing a ❑ service to each client and as often as possible. ........................................................................................................................................................................................................................................................................................................................................._.................. 07/2020 ONGOING SAFETY CONSIDERATIONS 23.Ask clients to sanitize their hands when entering the outdoor area. ❑ 24. Face masks are always worn by licensees. ❑■ 25. Ensure all clients are wearing face masks and have hand sanitizer available at ❑ stations and the receation counter. 26. Limit the number of people in the outdoor area. Stagger appointments to minimize the number of clients. Advise clients to wait in their vehicle until the licensee ❑ calls/texts that they are ready for them. 27. Ensure the outside area is properly social distancing and there is 6-feet between ❑ stations. 28. Consider barrier methods on chairs such as disposable paper, plastic covers that ❑ can be disinfected, or towels that can be laundered after each client. ........................................................................................................................................................................................................................................................................................................................................................ 29. Consider implementing contactless or online payment systems. If you must handle ❑ cash, a card, or keypad, wash hands immediately. 30. Consider having a supply of stylus pens, so clients do not touch the credit card ❑ reader. Disinfect the stylus pens after each use. ...................... .............................................................................................................................................................................................................................................................................................................. _................. . 31. Ensure the outdoor area has open air flow. If using a tent, canopy or other sun ❑ shelter ensure only one side is closed to allow for air flow. 32. Ensure all electrical cords are covered to prevent any tripping hazards. ❑ 33. Communicate with your clients. Advise them of additional safety precautions you ❑ have taken and share new policies or procedures you are implementing. 34. Remind everyone who works in the establishment and clients to stay at home if they ❑ are sick or not feeling well. ........................................................................................................................................................................................................................................................................................................................................................ DISINFECTION PROCEDURES FOR NON -ELECTRICAL TOOLS Title 16, Division 9 of the California Code of Regulations 979(a) These procedures should be completed inside the establishment by only one licensee at a time. 1. Remove all visible debris. 2. Clean with soap or detergent and water. 3. Completely dry tool with a new, clean paper towel. 4. Totally immerse in an EPA -registered disinfectant with demonstrated bactericidal, fungicidal, and virucidal activity (used according to the manufacturer's instructions). 5. Use gloves or tongs when removing tools from the disinfectant. DISINFECTION PROCEDURES FOR SHEARS Title 16, Division 9 of the California Code of Regulations 979(f) These procedures should be completed inside the establishment by only one licensee at a time. 1. Remove all visible debris. 2. Clean with soap or detergent and water. 3. Spray or wipe the shear with an EPA -registered disinfectant with demonstrated bactericidal, fungicidal, and virucidal activity (used according to manufacturer's instructions). PROPER MASK WEARING GUIDANCE 1. Wash your hands before putting on your face covering 2. Put it over your nose and mouth and secure it under your chin 3. Try to fit it snugly against the sides of your face 4. Make sure you can breathe easily K 11a BURLINGAME Memorandum To: City Council Date: August 17, 2020 From: Mayor Emily Beach Subject: Committee Report • Top constituent issues which demanded time and attention during this period: police use of force policies and Town Hall, Burlingame Avenue & Broadway pilot program & parklets on adjacent streets, communicating shelter in place changes and enforcement, Mercy Center development, The Burlingame Collaborative, Caltrain revenue measure, and 101 Express Lane JPA $100m loan agreement terms. • Hosted 121h virtual constituent Q&A session open to the public during COVID-19. Burlingame Collaborative — 2nd Convening and Update Great progress happening and our July 171h was a productive 2nd meeting. More members joining, roster up to 55. Breakout groups and follow-up steering committee discussions focused on solutions to address COVID-19 response gaps and challenges, also to create vision for how the Collaborative wants to proceed. Already as a direct result of the Collaborative, faith leaders and CALL Primrose came together to develop a new process that breaks down barriers which previously prevented undocumented community members from feeling comfortable registering with CALL Primrose to receive free groceries. The new process was launched last week. Other initiatives will be finalized at next week's meeting. Thanks to Vice Mayor O'Brien, CM Goldman, and Director Glomstad for their participation and support. Broadway Grade Separation Update Broadway Burlingame unfortunately did not receive INFRA grant funds (zero projects in California or New York were awarded funds by the administration — and our Congressional delegation was very frustrated by this. See Senator Feinstein's press release and letter to Secretary Elaine Chow: https://www.feinstein.senate.gov/public/index.cfm/press- releases?id=C1E7A903-B51E-41DD-855C-80D4511BE5E4) Nevertheless, our team persists in its pursuit of Federal grant funding! We regrouped with our D.C. advocacy team, applied for BUILD grant funds to help finance Broadway's station improvements, and participated in two virtual meetings with Washington D.C. decision makers from the White House Office of Intergovernmental Affairs and Department of Transportation to advocate for the project. Both meetings went very well. Despite the politics involved, we may (?) have a better chance for Beach Committee Report August 17, 2020 BUILD funding because, unlike INFRA funds, these grants are required by federal statute to allocate 40% of funds to urban areas. We'll see. Regardless of the outcome, we are making significant progress by increasing visibility for our project and building relationships among key staff decision makers in DC that will ultimately help move our project forward. Thanks to Public Works Director Murtuza and City Manager Goldman for their incredibly hard work on this effort. Caltrain / CalMod (Caltrain Local Policy Makers Group) Update • Caltrain will move forward with 1/8 sales tax November. Lots of political jockeying behind scenes from San Francisco and Santa Clara County Board Members which threatened Caltrain's solvency. I co-authored a Daily Journal Op -Ed on 7/28 about this along with two other leaders who chair the County's key transit agencies: SamTrans Chair Karyl Matsumoto and C/CAG Board Chair Maire Chuang. At the 111" hour, Caltrain's governing entities agreed to move forward with "clean" ballot measure. However, a separate resolution (approved immediately prior to sales tax measure) significantly impacts how the JPB will operate, and requires a supermajority (2/3) to spend 60% of new funds generated by the tax measure. There are many governance issues to be worked out in the months ahead within the context of Caltrain's strategic plan. California High Speed Rail Authority Update: Draft EIR for San Francisco to San Jose Corridor public comment period has been extended from August 241"to 9/9. Final opportunity for the public to provide verbal comments will take place at their virtual teleconference on 8/19 between 3-8 PM. Check e-News or HSR website for more info. San Mateo County Transportation Authority Update (SMCTA) Our Board of Directors released an $8.1 million Bicycle and Pedestrian call for projects. This is over $3 million more than last time around, thanks to Measure W funds! Applications are due on 9/12 and funds should be approved by 12/3. 1 hope some of these funds might help implement our Bike/Ped Master Plan work. Significant work continued in my capacity as Chairperson of SMCTA and as a Board Member of the San Mateo County Express Lane JPA during this period. Attended Board Meetings and multiple additional finance committee meetings related to $100m loan agreement between both organizations. Work almost complete. Final Board action will take place this Friday, 8/14. Other Updates Participated in weekly San Mateo County Official COVID-19 virtual Zoom Meeting coordination updates. Also attended a number of webinars, training, and collaborative events during this period related to transportation, COVID-19, housing security and evictions, education, and legislative advocacy. Attended Silicon Valley Bicycle Coalition's Annual (virtual) Summit, and Silicon Valley Leadership Group's Mayor's Circle to collaborate on regional COVID-19 response. Enjoyed volunteering at Samaritan House for their annual school backpack distribution program for families in need. It was an inspiring and joyful event. 2 Beach Committee Report August 17, 2020