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Agenda Packet - CC - 2022.02.07 Regular Session
City of Burlingame BURLINGAME F, Meeting Agenda - Final City Council Monday, February 7, 2022 7:00 PM Regular Meeting BURLINGAME CITY HALL 501 PRIMROSE ROAD BURLINGAME, CA 94010 On September 16, 2021, Governor Newsom signed into law AB 361 which allows a local agency to meet remotely when: The local agency holds a meeting during a declared state of emergency 2. State or local health officials have imposed or recommended measures to promote social distancing 3. Legislative bodies declare the need to meet remotely due to present imminent risks to the health or safety of attendees On January 18, 2022, the City Council adopted Resolution Number 007-2022 stating that the City Council and Commissions will continue to meet remotely for at least thirty days for the following reasons: 1. There is still a declared state of emergency 2. County Health Orders require that all individuals in public spaces maintain social distancing and wear masks 3. The City can't maintain social distancing requirements for the public, staff, Councilmembers, and Commissioners, in their meeting spaces Pursuant to Resolution Number 007-2022, the City Council Chambers will not be open to the public for the February 7, 2022 Regular Meeting. Members of the public may view the meeting by logging into the Zoom Webinar 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. Note that your comment concerns an item that is not on the agenda. 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 February 7, 2022. 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. Online City of Burlingame Page 1 Printed on 21312022 City Council Meeting Agenda - Final February 7, 2022 1. CALL TO ORDER - 7:00 p.m. - Online To access the meeting by computer: Go to www.zoom.us/join Meeting ID: 811 7218 6244 Passcode:423148 To access the meeting by phone: Dial 1-669-900-6833 Meeting ID: 811 7218 6244 Passcode:423148 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. ROLL CALL 4. REPORT OUT FROM CLOSED SESSION 5. UPCOMING EVENTS 6. PRESENTATIONS a. Old Bayshore Highway Feasibility Study Update Attachments: Presentation b. Broadway Grade Separation Project Update Attachments: Presentation 7. PUBLIC COMMENTS, NON -AGENDA Members of the public may speak about any item not on the agenda. Members of the public wishing to suggest an item for a future Council agenda may do so during this public comment period. The Ralph M. Brown Act (the State local agency open meeting law) prohibits the City Council from acting on any matter that is not on the agenda. 8. APPROVAL OF CONSENT CALENDAR Consent calendar items are usually approved in a single motion, unless pulled for separate discussion. Any member of the public wishing to comment on an item listed here may do so by submitting a speaker slip for that item in advance of the Council's consideration of the consent calendar. a. Approval of City Council Meeting Minutes for the January 18, 2022 Closed Session Attachments: Meeting Minutes City of Burlingame Page 2 Printed on 2/3/2022 City Council Meeting Agenda - Final February 7, 2022 b. Approval of City Council Meeting Minutes for the January 18, 2022 Regular Meeting Attachments: Meeting Minutes C. Adoption of a Resolution Authorizing the City Manager to Execute the San Mateo County Operational Area Building Safety Inspection Program Mutual Aid Agreement on Behalf of the City of Burlingame Attachments: Staff Report Resolution Mutual Aid Agreement d. Adoption of a Resolution Approving the Deletion of One Vacant Full-time Transportation Program Manager Position and Addition of One Full-time Senior Civil Engineer Position Attachments: Staff Report Resolution e. Open Nomination Period to Fill Three Impending Vacancies on the Planning Commission Attachments: Staff Report 9. PUBLIC HEARINGS (Public Comment) 10. STAFF REPORTS AND COMMUNICATIONS (Public Comment) a. Adoption of a Resolution Approving the Installation of a Public Art Project Consisting of Six Robert Barry Words on the Bayfront and Authorizing the City Manager to Execute the Art Donation Acceptance Agreement Attachments: Staff Report Resolution Art Donation Acceptance Agreement Parks and Recreation Commission Draft Minutes Site Location of Words Example of the Placement of the Words 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Councilmembers report on committees and activities and make announcements. 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 the Library Board of Trustees are available online at www.burlingame.org. City of Burlingame Page 3 Printed on 2/3/2022 City Council Meeting Agenda - Final February 7, 2022 14. ADJOURNMENT Notice: Any attendees who require assistance, a disability related modification, or language assistance in order to participate in the meeting should contact Meaghan Hassel -Shearer, City Clerk by 10:00 a.m. on Monday, February 7, 2022 at (650) 558-7203 or at mhasselshearer@burlingame.org. Any individual who wishes to request an alternative format for the agenda, meeting notice, or other writings that may be distributed at the meeting should contact Meaghan Hassel -Shearer, City Clerk by 10:00 a.m. on Monday, February 7, 2022 at (650) 558-7203 or at mhasselshearer@burlingame.org. NEXT CITY COUNCIL MEETING Regular City Council Meeting Tuesday, February 22, 2022 at 7:00 p.m. VIEW REGULAR COUNCIL MEETING ONLINE www.burlingame.org/video Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the Water Office counter at City Hall at 501 Primrose Road during normal business hours. City of Burlingame Page 4 Printed on 2/3/2022 d Bayshoro Highway Street Improvements 101 •10 DM DDIEWA y : [• Bay Trail Guidelines and Gap os ure • General Plan identified Bayshore Highway as an area primed for redevelopment. • The Feasibility Study is a first step in transitioning the roadway into a more complete street that will support the type of development envisioned. • A corridor that works well for bicycles, pedestrians, mass transit, and vehicles alike while also improving the corridors sense of place. • Additionally, it recognizes the Bay trail as part of the corridor by providing analysis and conceptual designs. PROJECT DRIVERS • Engage the community and project stakeholders. • Identify streetscape improvements that will create more convenient and comfortable vehicular, bicycle, and pedestrian connections along the corridor. • Explore opportunities to enhance the aesthetics of the corridor to be more inviting and pleasing to residents, employees and visitors. • Analyze and provide conceptual design solutions to close the existing gap in the Bay Trail immediately north of Airport Boulevard. PROJECT GOALS PRESENT PREFERRED / DRAFT CORRIDOR PLAN FOR BAYSHORE HIGHWAY AND BAY TRAIL IMPROVEMENTS RECEIVE FEEDBACK FROM COUNCIL PRIOR TO PREPARATION OF THE FINAL REPORT EXISTING CONDITIONS, OPPORTUNITIES AND CONSTRAINTS STAKEHOLDER SURVEY 1 COMMUNITY SURVEY 1 PRELIMINARY ALTERNATIVES COMMUNITY SURVEY 2 TSPC MEETING PREFERRED / DRAFT CORRIDOR PLAN TSPC MEETING #2 COUNCIL MEETING FINAL PLAN I PRELIMINARY OPTIONS • D : " • ALTERNATIVE 1 ■ ALTERNATIVE 2 ■ ALTERNATIVE 3 Travel Lanes 3 ■ 2 ■ 4 * Turn Lane D ■ D ■ Typical Sidewalk ■ ■ Width, Inclusive of 1 1 Feet 14 Feet 10 Feet Planting Strips and ■ ■ Tree Wells ■ ■ Class 2 Buffered Bike Lane D ■ D ■ 00 Bus Pull -Outs D ■ ■ In -Lane Bus Stops � ■ ® ■ Sidewalk Planting ■ ■ Strips Trees In Tree ® ■ ® ■ Grates Planted Medians � ■ � ■ Y AM& 1 1 LEGEND l� SITE FURNISHINGS 2� PAVEMENT TRAIL INDICATORS DECORATIVE RAILING AT 1J EXISTING BRIDGE jPEDESTRIAN LIGHTING 5� WIDENED SIDEWALK WITH TREES IN PLANTING STRIPS PLANTED MEDIAN G G 7� BUFFERED BIKE LANE 8� PEDESTRIAN REFUGE 9� HIGH -VISIBILITY PAINT 10 TWO LANE + TURN LANE 1 1 BUS PULL - OUT 12 RAISED CYCLE TRACK (AT BUS STOPS ONLY) 13 IN -LANE STOP WITH SHARED CYCLE TRACK BUS LOADING PLATFORM 12'-0" WIDE ASPHALT BAY TRAIL POCKET PARK/ SEATING NODE --XISTING BUILDING EXISTING BUILDING i isor 1 DESIGNATED BAY TRAIL PARKING — LANDSCAPE BUFFFER WITH ACCESSIBLE PATH OF TRAVEL WITH SHORELINE - � � CONNECTIING TO BAY TRAIL � APPROPRIATE PLANT ; MATERIAL i, VERTICAL ACCESS WHERE POSSIBLE, ADA COMPLIANT DRAFT GUIDELINES SAN FRANCISCO BAY as i • �woil ENHANCED ACCESS POINT WITH BAY '*# �, TRAIL STANDARD DIRECTIONAL SIGNAGE. ENHANCED PAVEMENT, PLANTING AND SITE FURNISHINGS ARE ENCOURAGED. ~ SIDEWALK SEE ALTERNATIVE - OLD BAYSHORE HIGHWAY PLANS ` IMPROVEMENT GUIDELINES AT EXISTING DEVELOPMENT DRAFT GUIDELINES EXISTING BUILDING OR PARKING LOT 12' - 0" <_ 30' -0" ' ""'ESCAPE BUFFER. BAY TRAIL AMENTITIES SUCH AS ING ARE ENCOURAGED IN THIS ZONE. ]ALT MULTI -USE TRAIL. MAINTAIN TEN FEET OF -ICAL CLEARANCE. TRAIL ELEVATION TO BE )IFIED IF NEEDED SUCH THAT TRAIL ELEVATION TWEEN 36 AND 42 INCHES BELOW TOP OF ,RDRAIL/ FLOOD WALL. -ING GUARDRAIL/ FLOOD WALL. MODIFICATIONS BALL HEIGHT TO BE ESTABLISHED. EXISTING GRADE ABBREVIATIONS: BFE: BASE FLOOD ELEVATION MHT: MEAN HIGH TIDE MSL: MEAN SEA LEVEL > BFE 2100 > BFE 2050 BFE CURRENT > MHT > MSL 2050 > MSL EXISTING BAY TRAIL SAN FRANCISCO BAY I ry •. BRIDGE 12'-0" BAY TRAIL WITH 3' •- SHOULDERS v �S / O !• - VERTICAL ACCESS WHER POSSIBLE, ADA COMPLIANT. OHO .t . sy .� ENHANCED ACCESS POINT WITH BAY O�Fy �N--,,'TRAIL STANDARD DIRECTIONAL SIGNAGE. /G .ENHANCED PAVEMENT, PLANTING AND SI y�,qY FURNISHINGS ARE ENCOURAGED. H y/Gy r/� F(Myr, REMOVABLE BOLLARDS BRIDGE rw � ao I i SEATING NODE i IMPROVEMENT GUIDELINES AT NEW DEVELOPMENT CI C\/ATlrlKl r1C KIMA/ 100' -0" BCDC JURISDICTION D11Q1 I(- °CALM ENHANCEMENTS PED BUFFER, POCKET PARKS ING AREAS. v1ULTI-USE TRAIL WITH 3' OULDER BOTH SIDES. JARDRAIL/ FLOOD WALL AS SUFFER GRADE ..................................................> BFE 2100 BFE 2050 BFE CURRENT .............................................> MHT `��---_._...................... MSL 2050 MSL ABBREVIATIONS: BFE: BASE FLOOD ELEVATION MHT: MEAN HIGH TIDE MSL: MEAN SEA LEVEL *ISO 0 PORAk SAN FRANCISCO 8AY 1✓•m� a[[ es µpa fufrt of rfoxF ik�e dl�f cA1RwRr 11CX �� xx�aaR�m�Y�fR/�il�ia;Y�^'_+��a.i � iai�rfi �yyr�.��� l I r � �,, ' ^f 1. �!'•I I _ � �o�� Y�;. ,� ..............e SAN FA ANCISCD �x •a*i09R� CAlix H G44W AY `. - - '!. I - �' I ti l: c,r �• ",'• BAY OLD eaysnoRe " .�r' ..� �I .-• J. r, _ = 1 I, �Y- o I �• -� z I I I t ■I .... ok• -�:. .. .. �, - ... I a .. a••' } I I it �fncf cxn�l� I' ul fi 1 .rl� �! .. m1 `I _ -------x_---"-°--°-`-°---- 3" u I ` f r ff N' T I 'F w _ � .. �%1 •y-' ':I I MUNE DMnu�Ro likr r^ I7• a .� U �4l�. I I - •' � � b I - _ I �� ... � Illy �� �. I a e . rj``I >Ailff� 1 I I1��{I �� '� 1' � • ' rA.YSHORE " "�D�4i�FNwAl 1 i0 0 M WF: _ iun,p�wo CALTR 1 Se M LEGEND SIDEWALK DRIVEWAY/ CURB CUT - NEW ASPHALT +R BUS PULL-OUT WITH SHARED CYCLE TRACK LOADING PLATFORM NEW FEATURETREE •••••••••••• BIKE LANE WITH HIGH VISIBILITY PAINT NEW STREET TREE (D BUS STOP WITH SHELTER AND SEATING NEW TRAIL TREE •••••••••••• BUS LOADIN GIONE - CROSSWALK HI -LOW LIGHT + PEDESTRIAN LIGHT PLANTING STRIP - MEDIAN PLANTING BAY TRAIL DESIGNATED PARKING ■NEENEENSEENE■ 12' WIDE ASPHALT BAYTRAILATEXISTING DEVELOPMENT ■NEEMENEEMEME■ 12' BAYTRA IL W rl H 3' S H OU LDE R5 AT N EW D EVEL OPM E NT ..........................•y VERTICAL ACCE55 TO BAYTRAIL +•••••i EXISTING PEDESTRIAN BRIDGE F•••••� NEW PEDESTRIAN BRIDGE POCKET PARK/ SEATING NODE ALONG BAY TRAIL 0 ENHANCED ACCESS POINT WITH BAY TRAIL STANDARD DIRECTIONALSIGN AGE. ENHANCED PAVEMENT. PLANTING AND SITE FURNISHINGS ARE ENCOURAGED . EXISTINGTREECANOPY 07 ! ENI!A r� r BAY LANDING' 91 I SEE ENLARGEMENT PLAN, BAYSHORE BLVD, SHEET 3 a _ - ENT RPRISE '* RENT A•CAR I r I;, y p r SAN FRANCISCO I I -."� ■ ■ i BAY If . , SEE ENLARGEMENT PLAN, BAYTRAIL ACCESS AND NEW DEVELOPMENT• SHEET ] i 14 J r ry ilr w w w w w w w w w w w w w w w w w w w w w �' BAY HORS EXEdUTIVE ►. f. _ OFFICES ■ ` * ..4 ENTRY PLA2A AT SOUTH END R s ■! ear I — RIGHT OF WAY DEDICATION I ! w �' `•� F I AS NEEEDED FOR ADDED I *! ?ti BIKE LANE AND WIDENED ir SIDEWALK ❑ I ! Lu _ _ ICI "�_ I '�� ■ .'-u `�-- � `I a ice, 1 �l• r�� m I E r _ y {+ ►. f ' :EXPRESS $ ] Q ip t- J p. --- ------ ti NORTH -BOUND SMART' = CORRIDOR CLASS II BUFFERED BIKE LANE TO DAWNTO.WN/ LIM[roFwaRK :: _ CALTRAIN,,,. MI. ■ WIDENED WALKWAY DECORATIVE RAILING WITH DIRECTIONAL AT EXISTING BRIDGE, SIGNAGE AND BOTH Si DES SEATING AT BAY TRAIL CONNECTION ■ ■ 41 ■ STREET TREES IN PLANTER STRIPS AND GREEN INFRASTRUCTURE OPPORTUNITY, TYP. BUFFERED BIKE LANE PLANTED MEDIAN, TYP. WIDENED SIDEWALK WITH TREES IN PLANTING STRIPS AND GREEN INFRASTRUCTURE HIGH -LOW STREET — LIGHT, TYP. PEDESTRIAN LIGHTING, TYP. � I m I 4r� r SECTION SEE SHEET 4 2 CROSSWALK WITH REFUGE ISLAND CENTER TURN LANE — DRIVEWAY. TYP. BUS PULL-OUT WITH SHARED CYCLE TRACK LOADING PLATFORM, TYP. rr. I } I I �1 I EXISTING PHOTO AND VJS AL SIMULATION SEE SHEET S 6 w x �G �r 'L CROSSWALK WITH HIGH VISIBILITY PAVEMENT, PEDESTRIAN REFUGE ISLAND AND PUSH BUTTON ACTIVATED FLASHING BEACONS f�o v w ^V CENTER TURN LANE SHARED CYCLE TRACK BUS LOADING BUFFERED BIKE LANE PLATFORM F -44 F - Y.., • ..'stir. A. ''C, !iY. - i.:.. pedestrian benches trash receptacles concrete seatwalls - poured in place Ift concrete seatwall - precast bus shelter - coordinate with local agencies `hi -low' street lighting street lighting I PMq pedestrian level lighting A. mmu lk I PW Y 11 • AO y A A ..- IF - tll . --,< :-• - .• .s n rpenteries e ; ,p,� ::=�Q ; to rs- ��.-I,:' , � fY!'' I - _ �° _ � ..�" :. •� . _4.Y ..<a 0 p�r��p �Ip a�■�1}1 j��=1� i ry - Al Nor � P-- r Zo Z.1 441 k-')!." A 111; 5111111MAINW, - — SAN FRANCISCO BAY SEAWALL SECTION PEDESTRIAN LIGHTING, TYP. 12'-0" WIDE ASPHALT BAY TRAIL POCKET PARK/ SEATING NODE EXISTING PHOTO Al�3EMUAL— SIMULATION ~ N! ow 23 ME Rom LANDSCAPE BUFFFER WITH 'a , s DESIGNATED BAY TRAIL PARKING_ SHORELINE - APPROPRIATE ' WITH ACCESSIBLE PATH OF TRAVEL • PLANT MATERIAL CONNECIIFG TO BAY TRAIL VERTICAL ACCESS WHERE POSSIBLE, ADA COMPLIANT. ENHANCEd14CCESS POINT WITH BAY TRAIL` STANDARD DIRECTIONAL SIGNAGE. ENHANCED PAVEMENT, PLANTING AND SITE FURNISHINGS ♦ - ARE ENCOURAGED. IMF, - SIDEWALK_ENLA_ OLD BAYSHORE HIGHWAY BAY SH0RE Rlr, ;SF s � s M . 1, vt:p, Al ':.,'. ti::• . - ..[gip "�`• 'u - •L'. 'J!.. '�- .�?.. •1 f�11 vP,. .. ice' — -y{ - - 461 46 A. ry. i duel-' .at �,' '•�i. � _ �^�- �'��� _- _ I V'� i�5- �:- .��:�}c9M'•i `..� yv..:Sr,. •, �.. - - - .yam s , '17- --4_ ,fie ' Y;•':.. _�,�,-v-: ': •.,'.'�, .�',.`- .d'.cdri-''��•_���.`�"%�.. _ - . .� W't a; • •ti, . i. ,r: ter. �- - . p =�^ 41 .. _ .-tea`.:: _ • ��� . - Y d r i • may- _ A.�•+r�i4 - � � _ • s � $�.r�_� `- >; '� •;ter • '-�'. .i k;�, _ ��:' � ��. r. � r.::..�. .� � I, f 1� - :e:�. ' x' • ! �?-..`- I _ _ ' .. � ;= �' - 'fit. "�''�. � _" Y � ;�� � � y� Y; _ - - _ __ . � - ' tip EXISTING BUILDING OR PARKING LOT 30'-0" LANDSCAPE BUFFER. BAY TRAIL AMENTITIES SUCH AS SEATING ARE ENCOURAGED IN THIS ZONE. ASPHALT MULTI -USE TRAIL. MAINTAIN TEN FEET OF VERTICAL CLEARANCE. TRAIL ELEVATION TO BE MODIFIED IF NEEDED SUCH THAT TRAIL ELEVATION IS BETWEEN 36 AND 42 INCHES BELOW TOP OF GUARDRAIL/ FLOOD WALL. EXISTING GUARDRAIL/ FLOOD WALL WALL HEIGHT TO BE ESTABLISHED. ABBREVIATIONS: BFE: BASE FLOOD ELEVATION MHT: MEAN HIGH TIDE MSL: MEAN SEA LEVEL BFE 2100 BFE 2050 BFE CURRENT ~�►...................................................................................... MHT ............................................ � MSL 2050 ��.,..w...............................� MSL SECTION SEE SHEET 12 PEDESTRIAN w I� LIGHTING, TYP. do 7/ `� = / � �• BRIDGE 12'•0" BAY TRAIL WITH 3' • SHOULDERS Jy - I Yj1 MFq H K •R BOLLARD! y �•6C SFigli�.: DC � C� ., '"+ , � BRIDGE � JUG' � vs I _ I t • I V � !1= �� I �T i 1< POCKET P VERTICAL ACCESS WkERE POSSIBLE, •65EATING I COMPLIANT. Q4( / _ + elk r gyp- ENHANCED ACCESS POINT WITH _ • = I i Ilk" y `. BAY TRAIL STANDARD DIRECTIONAL* SIGNAGE. ENHANCE PAVEMENTt PLANTING AND SITE FURNISHINGS i ARE ENCOURAGED. I' ,} I .............. -I--.- - - - - - - - - .--------- L-I-------- L-I ----- 11 3'- 0" 12'- 0" 3'- 0" 15'- 0" MAX. 75' -0" AVERAGE SETBACK 100' -0" *BCDC JURISDICTION ABBREVIATIONS: BFE: BASE FLOOD ELEVATION MHT: MEAN HIGH TIDE MSL: MEAN SEA LEVEL ELEVATION OF NEW DEVELOPMENT PEDESTRIAN LIGHTING PUBLIC REALM ENHANCEMENTS LANDSCAPED BUFFER, POCKET PARKS AND SEATING AREAS. ASPHALT MULTI -USE TRAIL WITH 3' CLEAR SHOULDER BOTH SIDES. PLANTED BUFFER EXISTING GRADE RIPRAP ..................................................................................................................................s BFE 2100 .............................................................................................................................. + BFE 2050 ................................................................................................................................. BFE CURRENT ...,,,z.......................4..........4.. ► M5 L ............. ............4..................1' MS L Segment Name Millbrae to Mitten Road Mitton Road to Malcolm Road Malcolm Road to Stanton Road Stanton Road to Hinckley Road Hinckley Road to Mahler Road Mahler Road to Burlway Road Burlway Raod to Airport Way Total Estimated Costs (including contingencies + design fees) BAYSHORE HIGHWP-% or Co"VALUATION Estimated Costs $ 1,414,000 $ 1,777,000 $ 1,123,000 $ 1,751,000 $ 1,393,000 $ 1,467,000 $ 3,758,000 $ 12,683,000 Segment Name El Porto Canal to Marriott Marriott to Shorebird Sanctuary Shorebird Sanctuary to Eaton Creek Eaton Creek to Airport Boulevard Total Estimated Costs (including contingencies +design fees) BAY TRAIL Estimated Costs $ 1,916,000 $ 2,544,000 $ 2,884,000 $ 1,819,000 $ 9,163,000 Old Bayshare Highway Street Improvements mama I JDJ 0 Bay Trai Guidelines and Gap Closure ■ 4 •AL f.`W"W23311111111111 R P0RA76o Broadway Burlingame Grade Separation Project Update Burlingame City Council February 7, 2022 KqX� . �Jw' - ��"� #� �..�•-'�._ Fes..:. .�'���F�..'� Map JI 'ih • Project Location / Existing Conditions • Project Goals / Scope • Status Update • Environmental Clearance / Permits • Project Enhancements • Project Cost & Schedule Update • Project Delivery Method • Grants • Questions mi Project Location -._ MR�JrrT+ • Ped / Bike Access • Broadway & Morrell Ave. to be grade -separated • New grade separated access at Carmelita Ave. Gar • txisting uonaitions iminate train -vehicle collisions Enhance • Pedestrian, bicyclist & motorist safety • East -west connectivity Reduce • Delays • Automobile congestion & emissions Improve • Customer experience with new station • Efficiency of rail operations Mi Grade separate the railroad and Broadway Build new station with center boarding platform, ramp & stair access Station parking on east side of tracks with access to/from Carolan Ave. Two temporary shoofly tracks east of the existing mainline (for train operation during construction phase) Ped/Bike crossings at Broadway, Carmelita & Morrell mi Project Study Report Jan 2017 Prelim. Eng'g/Environ. Clearance Oct 2020 RFP to complete Final Design Sep 2020 Contract award to Mark Thomas & Nov 2020 Co. for future phases of project Final Design phase kick-off • evaluated value-added modifications (VE Study) • base -mapping • utility mapping verification • geotechnical exploration • bus/bike & pedestrian coordination • hydraulic modeling VE Options resolved Jan 2021 Jan 2022 1 Status Update • The Project is Moving Forward • Key Concerns Addressed ca►,Z. Environmental Clearance CEQA Statutorily Exempt Filed (safety project to eliminate at- Apr 2020 grade crossing) NEPA Clearance Completed (Documented Oct 2020 Categorical Exclusion)- Federal Transit Administration To be prepared at 65% Design: Section 404 Nationwide Permit #14 (Linear Facilities) - USACOE Section 401(c) Water Quality Certification - RWQB Streambed Alteration Agreement - CDFW Estimated Permitting Phase Duration: Obtain permits 6 months after completion of 65% design Mi Reduce: • Traffic Impacts • Right of Way Acquisition • Utility Risks • Construction Duration and Costs Improve station Connectivity Mi r.. • "._ �a `ice r in zz pp _ I • F M� _ CAROLANAVE - - Z03+b6 zq _ � z LON LOV —TPFOC TPFCC — MT-1 O MT-3 LOW ER — — — ---�' CALIFORNIA DR 305}00 3b6fQQ� ��. " BROADWAY, BURLINGAME GRADE SEPARATION �= FINAL DESIGN (20-J-P-041 ) Stage 5 - Roadway Lowering � r may•. ,.�, - J' is � , / r .'.. _yam - 1 •�' ,_�;w.. �.-_ V ' 35% Design 1 Broadway Closure for Mnc n+h � 12 4 �_ - � } _ :ter � _: VE 1 Shallower Structure Reduced Roadway Lowering (in red) Al� �"AOO 001" I 5 1 A: / tStSt: PM ELEV: 36. a r� + `-c! ram] q Go n m 780.00' VC PVI STA: 787+07.04 c o as � a� rn � C.)W COMM ERCIAL/I NDUSTRIAL OW ry 4'-6" 0.00% VE 2: 2' Raise at Station NO Roadway Lowering - -Y ; 't��}_ - y COMMERCIAL., _ 'L a .:. s - - — 11 51 A: imu /tl UA PVI ELEV: 36.60 CD CDa rn � + a � � n w Q + CN C] W 60 J } _ 780.00' V w P VI STA: 808 87.04 _.. 4-D VARIES — . , $ rc VARIES +Off . _ - - - - yr. _ �. - A4ft COMMERCIAL COMMERCIAL HE CARMELITA EOUIRED TO MEET I A LEVEL STATION Improved Connectivity STATION RAISE AND 2' E ELIMINATE THE ING. -� I i i `- El j a i 4 I r f O Efi�F■■ 4 Cl AL /�w� 04 ■ o — ■ � n I I yy I T 1 I- t - CARMELITA OPENING - ` r� i LAN AVE - In - ? ? ? ? t C ? 1 fl 1 EN CEti. l VF TL / 111 EN C FUTURE CLASS I LL EXTENSION ` 8TAT------ - 1 _ ..'E EN CE I .. . - - — BUS STOP CALIFORNIA DRar- -� o V, STOP BAR AND SIGNAL�� _ --_— _ ----- —_—_— -- ----o FOR BIKE/PED CROSSING — lT I lT W CYCLE TRACK TO OAK GROVE AVE 1 h � II � II � I As PART of THE CALIFORNIA FACILITIES THE BICYCLE CITY TRAFFIC, PARKI GCT. & SAFETQj ae� E UNANIMOUSLY VOTED YFOR MTHIS ECONFIGURATION — ` ALONG CALIFORNIA DRIVE. CI ,4p[iH I 4 j f o m1 + rM BROADWAY OPENING CADILLAC OPENING NOTE: NOTE: THIS IS A REVISED EXHIBIT BASED ON THE PATH AND LANES SHOWN IN GREEN AN INITIAL MEETING WITH JPB ON ARE PROPOSED WITH THE BROADWAY 4/28/2021, MEETING WITH THE CITY GRADE SEPARATION PROJECT. THE ON 6/16/2021 AND INCLUDES THE PATHS AND LANES SHOWN IN GRAY ARE PROPOSED ACCESS CONFIGURATIONS EXISTING OR FUTURE. SENT TO JPB ON 6/17/2021. Caftmia Or A L Station Parking Lot California NF&adway -'NON RF17 WSWti 1 WS 7�0 400Z Yff— A A" M-Mpk- Improved Connectivity Ir 0 - I CALIFORNIA DR0, I + 1p1 a f i � a I f! BROAD WAY OPENING 101-0 L5'-0" 11'-0" 11 01 1 1'-0- 11'-T' 1. 12'-0" 5'4• 12'-0" 7'-4" +I- 55'-0" EICISTING CALiFORNIA CURE TO CURB I _' ENTR - --- STATION PLATFORM �. E - - - - - _ - C 1F - 1A 1 t BUS STOP STOP BAR AND SIGNAL - , o'-6- 1 3w, Multi -use Path 63•-V dr-B"' Lr_ n n I BUS STOP r Path Continuation -o FOR BIKE/PED CROSSING I I CYCLLU E LE TRACK TO OAK GROVE AVE jl As PART of THE CALIFORNIA II C BICYCLE FACILITIES PROJECT. -T II THE CITY TRAFFIC, PARKING & SAFETY COMMITTEE UNANIMOUSLY VOTED FOR THIS CONFIGURATION j - ALONG CALIFORNIA DRIVE. i U NOTE: NOTE: THIS IS A REVISED EXHIBIT BASED ON THE PATH AND LANES SHOWN IN GREEN AN INITIAL MEETING WITH JPB ON ARE PROPOSED WITH THE BROADWAY 4/28/2021, MEETING WITH THE CITY GRADE SEPARATION PROJECT. THE ON 6/16/2021 AND INCLUDES THE PATHS AND LANES SHOWN IN GRAY ARE PROPOSED ACCESS CONFIGURATIONS EXISTING OR FUTURE. SENT TO JPB ON 6/17/2021. 1; CADILLAC OPENING Improved Connectivity J A r � 4 �4 li +1 •� wso -:- . VE 5: - Proposed W, .. •-a: : I Previous ►�. lTrF_A\\j '/'yr_ If r� �r Existing -�a ". S 41 4 *iiIIa/T P-H r. sing 7-f Mlo i Sow, a Ped Station Broadway _P -East of St a r ki:rvg - t Parki Lot (East of Station) Ed= nce (West) 0 Ah V a Project Cost Update (1000's) Project Study & Preliminary Engineering 5,050 500 5,550 Final Design / Environmental Permits 17,805 1,500 19,305 Right of Way / Utilities * - - 23522 Construction * - - 230,427 VE 1: Shallower bridge structure - - (23,267) VE 2: Raise rail profile 2 feet - - (3,324) VE 4: Carmelita Ave. entrance - - 0 VE 5: Morrell undercrossing - - 0 Subtotal 2525213 YOE Mid Construction 2026** 64,189 TOTAL 316,402 * Future Allocations Gals ** Escalation for inflation PiroeIMPIMF - t Schedule Update MIMRF Project Study Report Preliminary Engineering / Environmental Clearance Final Design / Environmental Permits Right of Way / Utilities Construction Jan 2014 Jan 2017 Mar 2017 Oct 2020 Jan 2021 Jul 2024 Jul 2023 Sep 2024 Jan 2025 May 2028 Current Phase� Legal Framework • Allowed pursuant to California Public Contract Code 103394 et seq. • Used by Caltrans and others in California Goals • Safely deliver high quality infrastructure • Effective scope, schedule, budget Management ➢ Early Contractor involvement & Early works — utility relocations ➢ Constructability reviews and incorporation of lessons learned ➢ Improved cost and schedule certainty • Minimize impacts to community and Caltrain Operations • Provide meaningful opportunity for diversity contracting mi • City -led effort • Caltrain can provide support • Upcoming Opportunities: ➢ Rebuilding American Infrastructure with Sustainability and Equity (RAISE) - Notice of Funding Opportunity (NOFO) coming soon ➢ INFRA/Mega Projects/Rural Roads — USDOT to issue NOFO in February 2022 Mi Questions FOR MORE INFORMATION WWW.CALTRAIN.COM CITY O BURLINGAME BURLINGAME CITY COUNCIL Unapproved Minutes Closed Session on January 18, 2022 CALL TO ORDER Agenda Item: 8a Meeting Date: February 7, 2022 A duly noticed meeting of the Burlingame City Council was held on the above date via Zoom at 6:15 p.m. 2. ROLL CALL MEMBERS PRESENT: Beach, Brownrigg, Colson, O'Brien Keighran, Ortiz MEMBERS ABSENT: None 3. PUBLIC COMMENTS There was no public comment. 4. CLOSED SESSION a. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(2),(e)(3): NINE CLAIMS b. CONFERENCE REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 PROPERTY: 250 ANZA BOULEVARD, BURLINGAME, CALIFORNIA AGENCY NEGOTIATORS: CITY MANAGER LISA K. GOLDMAN, PARKS AND RECREATION DIRECTOR MARGARET GLOMSTAD, CITY ATTORNEY MICHAEL GUINA, ASSISTANT CITY ATTORNEY SCOTT SPANSAIL, KAREN MURPHY FROM BURKE, WILLIAMS & SORENSEN NEGOTIATING PARTIES: CITY OF BURLINGAME, TOPGOLF USA BURLINGAME, LLC UNDER NEGOTIATIONS: PRICE AND TERMS OF REAL ESTATE NEGOTIATIONS Direction was given but no reportable action was taken. 1 14. ADJOURNMENT Agenda Item: 8a Meeting Date: February 7, 2022 Mayor Ortiz adjourned the meeting at 7:01 p.m. Respectfully submitted, Meaghan Hassel -Shearer City Clerk Agenda Item 8b Meeting Date: 02/07/2022 CITY C BURLINGAME q $Anreo� u[b,e BURLINGAME CITY COUNCIL Unapproved Minutes Regular City Council Meeting on January 18, 2022 1. CALL TO ORDER A duly noticed meeting of the Burlingame City Council was held on the above date via Zoom Webinar at 7:03 p.m. 2. PLEDGE OF ALLEGIANCE TO THE FLAG The pledge of allegiance was led by ACA Spansail. 3. ROLL CALL MEMBERS PRESENT: Beach, Brownrigg, Colson, O'Brien Keighran, Ortiz MEMBERS ABSENT: None 4. REPORT OUT FROM CLOSED SESSION a. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 549569(d)(2),(e)(3): NINE CLAIMS b. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 PROPERTY: 250 ANVA BOULEVARD, BURLINGAME, CALIFORNIA AGENCY NEGOTIATORS: CITY MANAGER LISA K. GOLDMAN, PARKS AND RECREATION DIRECTOR MARGARET GLOMSTAD, CITY ATTORNEY MICHAEL GUINA, ASSISTANT CITY ATTORNEY SCOTT SPANSAIL, KAREN MURPHY FROM BURKE, WILLIAMS & SORENSEN NEGOTIATING PARTIES: CITY OF BURLINGAME, TOPGOLF USA BURLINGAME, LLC UNDER NEGOTIATIONS: PRICE AND TERMS OF REAL ESTATE NEGOTIATIONS City Attorney Guina stated that direction was given, and there was no reportable action. Burlingame City Council January 18, 2022 Unapproved Minutes Agenda Item 8b Meeting Date: 02/07/2022 5. UPCOMING EVENTS Mayor Ortiz reviewed upcoming events in the city. 6. PRESENTATIONS a. PROCLAMATION RECOGNIZING JANUARY AS NATIONAL SLAVERY AND HUMAN TRAFFICKING PREVENTION MONTH Mayor Ortiz read the proclamation recognizing the month of January as National Slavery and Human Trafficking Prevention Month. Councilmember Colson noted the work that Peninsula Clean Energy is undertaking to ensure that any equipment or technology they buy was not built by forced labor. 7. PUBLIC COMMENTS, NON -AGENDA Manito Velasco voiced concern about a hotel bike share program and asked that the Council ensure that there are safe bike routes in the city before entering into such a program. (comment submit via publiccomment(d),burlin ag me.org). 8. APPROVAL OF CONSENT CALENDAR Mayor Ortiz asked if anyone on Council or members of the public would like to remove an item from the Consent Calendar. No items were removed. Vice Mayor Brownrigg made a motion to adopt the Consent Calendar; seconded by Councilmember O'Brien. The motion passed unanimously by roll call vote, 5-0. a. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR THE DECEMBER 8, 2021 CLOSED SESSION City Clerk Hassel -Shearer requested approval of the City Council Meeting Minutes for the December 8, 2021 Closed Session. b. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR THE DECEMBER 20, 2021 CLOSED SESSION City Clerk Hassel -Shearer requested approval of the City Council Meeting Minutes for the December 20, 2021 Closed Session. c. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR THE DECEMBER 20, 2021 REGULAR MEETING 2 Burlingame City Council January 18, 2022 Unapproved Minutes Agenda Item 8b Meeting Date: 02/07/2022 City Clerk Hassel -Shearer requested approval of the City Council Meeting Minutes for the December 20, 2021 Regular Meeting. d. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR THE JANUARY 3, 2022 CLOSED SESSION City Clerk Hassel -Shearer requested approval of the City Council Meeting Minutes for the January 3, 2022 Closed Session. e. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR THE JANUARY 3, 2022 REGULAR MEETING City Clerk Hassel -Shearer requested approval of the City Council meeting minutes for the January 3, 2022 Regular Meeting. f. ADOPTION OF AN ORDINANCE OF THE CITY OF BURLINGAME REPEALING CHAPTER 2.19 OF TITLE 2 OF THE BURLINGAME MUNICIPAL CODE, AND ADDING CHAPTER 2.18 TO TITLE 2 OF THE BURLINGAME MUNICIPAL CODE TO PROVIDE FOR THE ELECTION OF MEMBERS OF THE CITY COUNCIL BY FIVE DISTRICTS, ESTABLISHING THE BOUNDARIES AND IDENTIFICATION NUMBER OF EACH DISTRICT, AND ESTABLISHING THE ELECTION ORDER OF EACH DISTRICT, CEOA DETERMINATION; EXEMPT PURSUANT TO STATE CEOA GUIDELINES SECTION 15378,15601(b)(3) City Clerk Hassel -Shearer requested Council adopt Ordinance Number 2003. g. ADOPTION OF A RESOLUTION ESTABLISHING A P UBLIC HEARING DATE REGARDING SOLID WASTE RATE INCREASES FOR CALENDAR YEAR 2022 Finance Director Yu -Scott requested Council adopt Resolution Number 006-2022. h. ADOPTION OF RESOLUTION TO CONTINUE CONDUCTING CITY COUNCIL AND COMMISSION MEETINGS REMOTELY DUE TO HEALTH AND SAFETY CONCERNS FOR THE PUBLIC City Clerk Hassel -Shearer requested Council adopt Resolution Number 007-2022. Burlingame City Council January 18, 2022 Unapproved Minutes Agenda Item 8b Meeting Date: 02/07/2022 9. PUBLIC HEARINGS a. ADOPTION OF A RESOLUTION SETTING A PARKLET CLEANING FEE STRUCTURE AND AMENDING THE MASTER FEE SCHEDULE ACCORDINGLY CDD Gardiner stated that this item is the next step in the process to implement a longer term parklet program in Burlingame. He discussed the popularity of the parklet program and noted that in August 2021, the Council asked the staff to work on creating a longer term parklet program. CDD Gardiner stated that at the January 3, 2022, Council meeting, the Council adopted a resolution establishing an annual rental fee of $1,500 for each parklet. He explained that this was necessary because the parklets are on City owned land. He added that at the meeting, Councilmembers requested additional data be provided on cleaning costs incurred by the City to maintain the parklets. He reviewed the cleaning that Public Works currently undertakes around the parklets including: • The parklets have reduced the ability of the street sweeper to clean the curb and gutter areas where the parklets are placed. Therefore, staff reports to work 30 minutes prior to the street sweepers and utilizes electric blowers to blow leaves and debris into the roadway for the street sweepers to pick up. • Additional sidewalk cleaning is necessary due to spillage from the restaurants to the parklets of grease, food, and drinks. • Water wall barrier cleaning and maintenance CDD Gardiner stated that the staff report includes a series of tables that outline the staff and equipment costs of cleaning and maintaining the parklets. He explained that Public Works staff has estimated that the cost to the City of cleaning and maintaining the parklets is $262 per parklet per month. CDD Gardiner stated that staff is recommending a monthly fee of $250 per parklet. CDD Gardiner stated that prior to the meeting, a Councilmember asked staff to compile a list of the subsidies that the City provided for the local businesses over the course of the pandemic. City Manager Goldman reviewed the following expenses that the City incurred to assist businesses: • $602,000 — lost parking meter revenue due to the street closure program and the parklet program (includes the extension of the parklet program through December 2022) • $161,377 — rental/purchase of orange water barriers for the parklets • $123,660 — staff cost for installing parklets and street closures • $35,000 — planning and permit -related work for parklets and closures City Manager Goldman reviewed the various grants and funding programs that the Council approved for the business community including: • $5,000 in business assistance through SAMCEDA • Small Business Grant Program that gave out $10,000 grants for a total of $330,000 4 Burlingame City Council January 18, 2022 Unapproved Minutes Agenda Item 8b Meeting Date: 02/07/2022 • Restarting Business Assistance Program gave out $60,000 to small businesses for PPE and other necessities • KickStart Burlingame Debit Program with $200,000 going into the community • City paid the business improvement fees for both Broadway and Downtown Burlingame equating to $115,000 City Manager Goldman explained that in total the City contributed $710,000 in grants and funds. She noted that if you added in the barriers and staff time the City contributed approximately $1.6 million, plus the lost parking meter revenues. Councilmember Beach thanked the City Manager for reviewing the grants and costs that the City incurred to assist local businesses. Councilmember Beach stated that not all parklets are getting as much use and therefore not needing the same amount of cleaning. She asked if there could be a base cleaning fee with additional fees if a more extensive clean was needed. DPW Murtuza stated that the fees presented are based on staff s experience. He noted that it would be hard to calculate the difference on a regular basis for what to charge for cleaning without incurring more staff time expense. Councilmember Brownrigg thanked Deputy Director of Public Works Operations Mike Heathcote for the hard work that staff put into ensuring that the streets are kept clean. He noted that he understood that staff couldn't assign different cleaning fees by restaurant. However, he wondered if there was a difference in the amount of cleaning that was needed for Burlingame Avenue and Broadway. Mr. Heathcote stated that additional analysis would be needed to determine if a separate cost was necessary for the two different streets. Councilmember O'Brien Keighran thanked the City Manager for putting together the costs. Councilmember Beach asked if she was correct that staff isn't proposing additional cleaning but instead for the City to be reimbursed for the regular cleanings staff is already undertaking. Mr. Heathcote replied in the affirmative. DPW Murtuza stated that when the City originally received complaints about the conditions of the sidewalks due to the parklets, staff asked the restaurants to clean those areas. However, after additional complaints, the City stepped in and started undertaking the cleanings. He noted that it is needed in order to maintain the streets and sidewalks. Councilmember Colson stated that when the City discusses Burlingame Avenue, it is also discussing the side streets off the avenue where restaurants are located. DPW Murtuza replied in the affirmative. 5 Burlingame City Council January 18, 2022 Unapproved Minutes Agenda Item 8b Meeting Date: 02/07/2022 Broadway BID representative John Kevranian stated that Broadway BID is against the cleaning fee. He discussed the impact that COVID continues to have on local businesses. Therefore, he urged the Council not to adopt the cleaning fee. (comment submitted via publiccommentgburlin ag me.org). Downtown BID representative Jenny Keleher asked the Council not to approve the cleaning fee of $250 per month. She asked that instead of implementing the fee, that the City train the restaurants on cleaning the parklets and fine those who do not comply. (comment submitted via publiccomment(kburlingame.org). Mayor Ortiz closed public comment. Councilmember Colson stated that as a small business owner in the community for over a decade, she could understand businesses' concerns about the fee. She discussed the increased size of restaurants due to the City's willingness to allow for tables on sidewalks and the establishment of a parklet program utilizing parking spaces. She noted that the City is only looking to be reimbursed for the continued costs that the City is incurring in maintaining those public areas. She added that the City's budget has taken a hit due to COVID, and therefore if the City isn't reimbursed for those costs through fees, the City would have to pay for it from something else. Councilmember O'Brien Keighran concurred with Councilmember Colson. She noted that the City has spent over $1.6 million in assisting businesses (including lost parking revenue). She explained that this was the right thing for the City to do for the community and small businesses. However, she agreed with Councilmember Colson that there comes a point where the City has to be reimbursed for the continued cost of maintaining a program. Councilmember O'Brien Keighran noted that businesses could opt out of the parklet program if they did not like the fees. Vice Mayor Brownrigg stated that he concurred with his colleagues. He discussed the work that the City and Council undertook during the pandemic to assist local businesses. He noted that in order to continue helping businesses the City agreed to establish a longer term parklet program. Mayor Ortiz and Councilmember Beach concurred with their colleagues. Mayor Ortiz noted that the country is currently going through a COVID-19 spike. He suggested delaying the start of the cleaning fee so that the businesses have a little more time to consider whether they want to have a parklet. Councilmember Colson suggested starting the cleaning fee on April 1. Councilmember Colson made a motion to adopt Resolution Number 008-2022 with an effective date of April 1, 2022; seconded by Councilmember Beach. The motion passed unanimously by roll call vote, 5-0. 6 Burlingame City Council January 18, 2022 Unapproved Minutes Agenda Item 8b Meeting Date: 02/07/2022 10. STAFF REPORTS AND COMMUNICATIONS a. CONSIDERATION OF ONE APPOINTMENT TO THE LIBRARY BOARD OF TRUSTEES TO FILL THE REMAINDER OF A TERM City Manager Goldman stated that there was a vacancy on the Library Board of Trustees due to the resignation of Board Member Kristin Capkin, who moved out of the area. She explained that staff publicized the vacancy and interviewed the following five individuals: Carolyn Daley, William Schlotter, Kay Coskey, Mark Lucchesi, and Julie Kuwabara on January 10, 2022. City Manager Goldman noted that the appointee's term would be for one year, ending on June 30, 2023. Mayor Ortiz opened the item up for public comment. No one spoke. City Clerk Hassel -Shearer asked the Councilmembers to text her their votes. She then read their votes. Congratulations to Mark Lucchesi on your appointment to the Library Board of Trustees. Mayor Ortiz thanked the other candidates and stated that there were other opportunities to serve the City. b. DISCUSSION OF AUTOMATED LICENSE PLATE READERS (ALPR) Police Chief Matteucci stated that this item was agendized as a result of constituents reaching out to Councilmember O'Brien Keighran regarding their interest in the City purchasing automated license plate readers ("ALPR"). Police Chief Matteucci stated that ALPRs are camera systems designed to read license plates. He explained that one of the more common places where ALPRs are used is at bridge toll locations. He noted that Burlingame is one of four cities in the county that does not utilize APLRs. He explained that according to the cities that do utilize ALPRs, they are useful in several areas including: • Locating and apprehending wanted individuals • Locating stolen vehicles • Locating missing persons • Preventing criminal activity Police Chief Matteucci stated that there are concerns about using ALPRs. He discussed privacy concerns such as the fact that the data captured contains information on people who haven't committed crimes. He noted that depending on the vendor chosen, the data could be pooled into regional systems. 7 Burlingame City Council January 18, 2022 Unapproved Minutes Agenda Item 8b Meeting Date: 02/07/2022 Police Chief Matteucci stated that the cost of an ALPR is approximately $2,500 per year. Mayor Ortiz stated that at one point the City was having an issue with dumping on Rollins Road. He thought ALPRs might be helpful to deter situations like that. He asked if the cameras could be moved to different locations in the city. Police Chief Matteucci replied in the affirmative. He explained that if the Council wanted to move forward with ALPRs, the next step would be to discuss how many, where they are located, and how they are used. Vice Mayor Brownrigg stated that he has significant reservations about this technology. He explained that in doing some reading on the matter, there seemed to be two ways that ALPRs could be used by police departments. He stated that the first is it looks backwards to figure out who might have committed a crime, and secondly it looks forward by recognizing license plates on cars that are reported stolen. Vice Mayor Brownrigg asked if the Police Chief agreed that there were two ways that ALPRs are utilized. Additionally, he asked if the City decides to purchase ALPRs, would the police department create a policy on how information gathered from these cameras would be utilized. Police Chief Matteucci replied in the affirmative to both questions. He added that if the City wanted to utilize these cameras to solve crimes, the police department would need to look into how long data is stored. He noted that the average length of time that vendors store data from these cameras is 30 days. Mayor Ortiz asked how neighboring cities use ALPRs. Police Chief Matteucci stated that neighboring cities use them in both ways that Vice Mayor Brownrigg discussed. Vice Mayor Brownrigg stated that he was concerned about pulling people over as it is a moment of stress for both the officer and member of the public. He thought that the City should minimize the amount of times individuals are pulled over. He asked if a policy could be set that individuals are only pulled over, as a result of an ALPR hit, if there is an outstanding warrant for a violent crime. Police Chief Matteucci stated that it is possible. However, he noted that officers pull people over now when they manually run their license plates and find a warrant out for arrest. He stated that this would create two different policies in the City. Vice Mayor Brownrigg stated that he thought there was a difference between the automated nature of screening every license plate to an officer using their judgment to determine when to run a plate. Councilmember O'Brien Keighran stated that she would be curious to hear from neighboring cities if there were any changes they would make to their ALPR policies and how long they kept their data. She added that she would like to ensure that privacy is maintained by having local control over the storage and access to the data. Councilmember Beach asked if the Police Chief felt that there is a need for ALPRs in Burlingame. She asked how many ALPRs he would want to install. Police Chief Matteucci stated that he felt it was beneficial for the City to purchase ALPRs. He added that he had heard great stories from other cities about finding missing people utilizing these cameras. He noted that most of the cities have between 20 and 24 cameras. 8 Burlingame City Council January 18, 2022 Unapproved Minutes Agenda Item 8b Meeting Date: 02/07/2022 Councilmember Beach stated that it seemed like the vast majority of the data collected is not used. Mayor Ortiz opened the item up for public comment. Secure Justice representative Brian Hofer suggested that prior to purchasing ALPRs, the City determine how data would be utilized, who would have access to the data, and a general policy for any technology of this nature. (comment submitted via publiccomment(c�r�,burlin_ag me.org). Mayor Ortiz closed public comment. Mayor Ortiz stated that he thought the City should move forward with purchasing ALPRs, but he would first want to have a conversation about how the data is used, how long it is stored, and who has access to it. Councilmember Beach stated that previously she had discussions with Mr. Hofer about this type of technology and how it is utilized. She explained that she appreciated Mr. Hofer's suggestion that the City first establish guardrails on how the information the City collects is utilized and stored. Councilmember Beach stated that she had concerns with the volume of data that is collected and limiting the use. She noted that racial bias can occur at traffic stops. Therefore, she wanted to limit the ways in which ALPR data is utilized by the police. She added that she would also want to ensure that the City restrict third party access to the data. Councilmember Beach stated that she didn't see that there was a compelling reason to proceed with purchasing ALPRs. She noted that she thought it was important to set up guardrails moving forward for how these types of technology are used by the City. She also added that the City might want to consider how they publish notice for discussions on these types of topics in order to ensure community awareness and feedback. Councilmember O'Brien Keighran stated that she thought it was worth moving forward and gathering more information on this item. She noted that her biggest concerns were privacy issues and agreed with Councilmember Beach that she would want to restrict access to the data. She added that she would want parameters on how ALPR data is used. Councilmember O'Brien Keighran asked staff to publicize any future discussions of this topic in the City's enewsletter. Vice Mayor Brownrigg stated that he had reservations about the proposal. He explained that he wasn't sure there was a problem that called for the purchase of ALPRs. He discussed how purchasing this equipment is a slippery slope that could lead to facial recognition software and other platforms that he wasn't sure the City should start down. He worried about how it could be used in the future. Councilmember Colson asked if she was correct that per State law, police officers have to track the perceived racial make-up of individuals in a traffic stop. Police Chief Matteucci replied in the affirmative. 9 Burlingame City Council January 18, 2022 Unapproved Minutes Agenda Item 8b Meeting Date: 02/07/2022 Councilmember Colson stated that if the City purchases ALPRs, then any stops made would be included in the State -required tracking to ensure that the City isn't racial profiling when making stops. Police Chief Matteucci replied in the affirmative. Councilmember Colson stated that she has heard from merchants and individuals who witnessed crimes that they want the City to do more. She noted that recently her mother-in-law went missing, and the only way they were able to track her was through cameras and video data. Councilmember Colson stated that she would be interested in moving forward with this discussion. Mayor Ortiz stated that he understood the civil liberties concerns but thought this issue should be discussed further. He added that he agreed with Councilmember O'Brien Keighran that staff should reach out to other cities who have ALPRs to better understand their programs. Mayor Ortiz, Councilmember Colson, and Councilmember O'Brien Keighran voiced support for bringing this item back for further discussion. Vice Mayor Brownrigg and Councilmember Beach were against moving forward with the discussion. 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS There were no reports. 12. FUTURE AGENDA ITEMS Vice Mayor Brownrigg asked that the Council agendize a discussion on expanding the size of the Library Board of Trustees to seven members. Council agreed to agendize this item. 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.burlin ag me.org. 14. ADJOURNMENT Mayor Ortiz adjourned the meeting at 8:28 p.m. Respectfully submitted, Meaghan Hassel -Shearer City Clerk 10 Burlingame City Council January 18, 2022 Unapproved Minutes I �e Avovwi To Date: From STAFF REPORT Honorable Mayor and City Council February 7, 2022 AGENDA NO: 8C MEETING DATE: February 7, 2022 Kevin Gardiner, Community Development Director — (650) 558-7253 Rigoberto "Rick" Caro III, Chief Building Official — (650) 558-7270 Subject: Adoption of a Resolution Authorizing the City Manager to Execute the San Mateo County Operational Area Building Safety Inspection Program Mutual Aid Aareement on Behalf of the Citv of Burlinaame RECOMMENDATION Staff recommends that the City Council adopt the resolution approving the San Mateo County Operational Area Building Safety Inspection Program Mutual Aid Agreement ("proposed Agreement"). BACKGROUND The purpose of the proposed Agreement is to provide an organized means of providing voluntary mutual aid to neighboring entities during a disaster. Mutual aid already exists among Police, Fire, and Public Works Departments in San Mateo County. The language of the Agreement and its accompanying Procedures Guide specifically envision establishing an "operational area" concept of aid that mirrors existing and developing zones in Police and Fire mutual aid. When a disaster occurs, Police, Fire, and Public Works emergency services are often expanded to include the services of the Building Department. In 2014, staff from the San Mateo County Office of Emergency Services (OES) requested the assistance of the City/County Engineers' Association of San Mateo County (CCEA) to address the need for supporting mutual aid among Public Works Departments. An agreement was drafted by CCEA members, and the final document was forwarded to County Counsel, who agreed to be the clearinghouse for the agreement. The heavy storms over the last few years have affected several communities within San Mateo County. During winter storm events and other natural disasters, OES, acting in its capacity as the Operational Area, has encountered significant difficulties in obtaining building inspection mutual aid assistance for neighboring cities. Of the 21 jurisdictions in the county, 15 cities/towns have adopted the San Mateo County Operational Area Building Safety Inspection Program Mutual Aid Agreement. The City of Burlingame has an opportunity to assist in closing the loop by joining. 1 Operational Area Building Safety Inspection Program Mutual Aid Agreement February 7, 2022 DISCUSSION There is no requirement for a majority or all the municipal entities of San Mateo County to enter into the proposed Agreement. However, the majority of the jurisdictions within the county have already approved it, and staff knows of no Building Officials who have expressed resistance to the proposed Agreement. To date, the Towns/Cities of Atherton, Brisbane, Colma, East Palo Alto, Foster City, Half Moon Bay, Menlo Park, Millbrae, Pacifica, Portola Valley, Redwood City, San Carlos, San Mateo, South San Francisco, and Woodside have entered into the agreement. The language of the proposed Agreement and its accompanying procedures guide establish an "operational area," which is a "zone" concept that mirrors the existing and developing zones in Police and Fire mutual aid, and will allow for better communication and coordination among the cities in the "operational area" and regional or state Emergency Operations Centers. This agreement will help to facilitate an organized means of providing voluntary mutual aid to neighboring entities in the event of a disaster. FISCAL IMPACT There is no direct fiscal impact associated with approving the proposed Agreement. Therefore, there is no fiscal impact to the General Fund. Where mutual aid is requested under the Agreement, the "Requesting Party" would be required to reimburse the "Assisting Party" for its costs of aiding within six months or by a mutually agreed upon date. The advantage provided to the "Requesting Party" by the agreement is that pre-existing arrangements for the provision of series are often necessary to promptly obtain reimbursement from state (i.e., California Disaster Assistance Act) or federal (i.e., Federal Emergency Management Agency) funds. Exhibits: • Resolution • San Mateo County Operational Area Building Safety Inspection Program Mutual Aid Agreement 2 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAN MATEO COUNTY OPERATIONAL AREA BUILDING SAFETY INSPECTION PROGRAM MUTUAL AGREEMENT WHEREAS, the County of San Mateo ("County") and the cities and towns in the county have expressed a mutual interest in the establishment of a plan to encourage an agreement for mutual aid in the interchange of building safety inspection services and resources in the event of an emergency; and WHEREAS, Government Code §8630, et seq. grants local agencies the power to provide mutual aid pursuant to established agreements; and WHEREAS, the County prepared the San Mateo County operational area building safety inspection program mutual aid agreement ("Agreement") which is attached hereto as Exhibit A; and WHEREAS, the City Council has determined that it is in the City's best interest to participate in the Agreement; and WHEREAS, the City Council has read and considered the Agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES RESOLVE AS FOLLOWS: 1. The attached San Mateo County Operational Area Building Safety Inspection Program Mutual Aid Agreement is hereby approved; and 2. The City Manager is authorized to execute the San Mateo County Operational Area Building Safety Inspection Program Mutual Aid Agreement, the form of which is attached hereto as Exhibit A and incorporated herein; on behalf of the City of Burlingame. Ricardo Ortiz, 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 7th day of February, 2022 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: 2 Meaghan Hassel -Shearer, City Clerk SAN MATEO COUNTY OPERATIONAL AREA BUILDING SAFETY INSPECTION PROGRAM MUTUAL AID AGREEMENT This Building Safety Inspection Program Mutual Aid Agreement ("Agreement" or "Mutual Aid Agreement") is made and entered into as of the Effective Date by and between the parties set forth below (hereinafter individually referred to as "Party" or collectively referred to as the "Parties" to this Agreement). WHEREAS, it is desirable and necessary for the protection of life, property and the environment that each of the parties hereto voluntarily aid and assist each other by the interchange of building safety inspection services and resources in the event of an emergency; and WHEREAS, many building officials in San Mateo County have expressed an interest in the establishment of a plan to facilitate and encourage mutual aid agreements among building officials throughout San Mateo County; and WHEREAS, the Parties have determined that it would be in their best interests to enter into a mutual aid agreement that implements a plan and sets forth procedures and responsibilities of the Parties whenever emergency personnel, equipment, and facility assistance is provided from one Party's building official to the other; and WHEREAS, no Party should be in a position of unreasonably depleting its own resources, facilities, or services by providing such mutual aid; and WHEREAS, such an agreement is in accord with the California Emergency Services Act ("Act") (California Government Code Section 8550 et seq.) and specifically Section 8631 of the Act; and WHEREAS, all Parties must use protocols established in the Standardized Emergency Management System ("SEMS") and the National Incident Management System ("NIMS") to be eligible for possible State or federal reimbursement of response -related personnel and resource costs. In consideration of the conditions and covenants contained herein, the Parties agree as follows: SECTION 1 - DEFINITIONS For this Agreement, the following terms shall be ascribed the following meanings: A. "Assisting Parry" shall mean the Party to this Agreement that is providing mutual aid. B. "Coordinator" shall mean the Coordinator of a Party (the local jurisdiction) providing mutual aid. This will typically be the Local Building Official. The Coordinator for each Party is responsible for all matters relative to building safety inspection mutual aid, to include but not be limited to requests, responses, and reimbursement. San Mateo County Operational Area Building Safety Inspection Program Mutual Aid Agreement C. "Local Building Official" shall mean the individual or designee who fulfills the functionally equivalent role of a city or town Building Official. D. "Local Emergency" shall mean the actual or threatened existence of conditions of disaster or extreme peril to the safety of persons or property within the territorial limits of one of the Parties caused by human or natural conditions such as air pollution, fire, flood, storm, wind, earthquake, explosion, transportation accident, hazardous material problem, tsunami, sudden or severe energy shortage, epidemic, riot or other occurrences, other than conditions resulting from a labor controversy, which occurrences, or the immediate threat thereof, are likely to be beyond the control of the personnel, equipment, or facilities of that Party to this Agreement and which personnel, equipment or facilities of the other Party are therefore desired to combat. E. "Operational Area" shall mean San Mateo County and all the jurisdictions within the County that are Parties to this Agreement. Consistent with SEMS and NIMS, the Operational Area is an intermediate level of the State emergency services organization, which serves as a link in the systems of communications and coordination between the political subdivisions comprising the Operational Area and the Regional or State Emergency Operations Center(s). F. "Operational Area Coordinator" shall mean the San Mateo County Office of Emergency Services ("OES") Director or their designee, who shall coordinate the Local Building Officials for the Safety Assessment Program ("SAP"). G. "Requesting Coordinator" shall mean the Coordinator of a Party requesting mutual aid. H. "Requesting Party" shall mean the Party to this Agreement that is requesting mutual aid. I. "Safety Assessment Program" or "SAP" shall mean the California OES program that provides professional engineers and architects and certified building inspectors to assist local governments in safety evaluation of their built environment in the aftermath of disaster. SECTION 2 — DESIGNATION OF COORDINATOR Coordinators shall be designated by each Party. The title, name, address, and phone number of the Coordinator shall be provided to the Operational Area Coordinator. If the designated coordinator changes, the Parties shall notify the Operational Area Coordinator as soon as practical after the appointment has been made. SECTION 3 — MUTUAL AID When a Local Emergency has been proclaimed by a Party's governing body or authorized official, the Requesting Coordinator may request assistance from the Parties in accordance with the Procedures Guide attached as Exhibit A to this Agreement. In situations where extreme San Mateo County Operational Area Building Safety Inspection Program Mutual Aid Agreement 2 imminent threat to life, property, or the environment exists, the San Mateo County Manager or the President of the San Mateo County Board of Supervisors may waive the requirement for a proclamation before providing assistance upon request from a City Manager of the affected jurisdiction and under the presumption that such a proclamation will be made in accordance with all local and State regulations as promptly as reasonably possible. SECTION 4 — TERM The term of this Agreement is for ten years, from November 1, 2019 to November 1, 2029. SECTION 5 — AVAILABILITY The Parties agree that the mutual aid extended under this Agreement is to be available and furnished in all cases of Local Emergencies regardless of type, provided that such mutual aid does not compromise any Party's ability or capacity to respond to calls for service within its own jurisdiction. When a request for assistance is received, the Coordinator offering assistance will promptly advise of the extent of their response, and provide whatever personnel, equipment, and facilities are available without jeopardizing the safety of persons or property within their jurisdiction. No Party receiving a request for assistance shall be under any obligation to provide assistance or incur any liability for not complying with the request. SECTION 6 — RETURN OF RESOURCES When the Assisting Parry's personnel, equipment, or facilities are no longer required, or when the Assisting Party advises that the resources are required within their own jurisdiction, the Requesting Coordinator shall immediately arrange for the return of those resources. SECTION 7 — SAFEKEEPING OF RESOURCES The Requesting Party shall be responsible for the safekeeping of the resources provided by the Assisting Parry. The Requesting Coordinator shall remain in charge of the incident or occurrence and shall maintain control and direction of the resources provided by the Assisting Parry. The Requesting Parry may include a request for the provision of supervisory personnel to take direct charge of the resources provided by the Assisting Parry, under the general direction of the Requesting Coordinator. The Requesting Party shall make arrangements for feeding and/or assisting personnel, and for fueling, servicing, and repair of equipment unless the Coordinator providing the assistance agrees that these arrangements are not necessary or are to be provided by the Assisting Party. San Mateo County Operational Area Building Safety Inspection Program Mutual Aid Agreement SECTION 8 — EMPLOYMENT STATUS The Assisting Party's personnel who participate in the response shall not be deemed employees of the Requesting Party, nor shall any personnel of the Requesting Party be deemed employees of the Assisting Party. However, while acting under this Agreement, and solely for the purposes of indemnification and immunity, the Assisting Party's personnel shall be considered special employees on a temporary basis and authorized agents of the Requesting Party. SECTION 9 — WORKER'S COMPENSATION Each Party shall provide, at its sole expense, the required worker's compensation insurance coverage necessary for its own employees. In the event that any employee or employees of an Assisting Party alleges in a worker's compensation claim that they are special employees on a temporary basis of the Requesting Party, the Assisting Party agrees to indemnify, defend (with counsel acceptable to Requesting Party), and hold harmless the Requesting Party against the claims, and all expenses, losses, damages, costs, and judgments (including attorneys' fees) relating to or arising out of the alleged special employee status. Nothing herein requires the Assisting Party to indemnify, defend, or hold harmless the Requesting Party against any worker's compensation claim or portion of the claim unrelated to the alleged special employee status. SECTION 10 — INSURANCE Each Party shall maintain during the term of this Agreement such bodily injury liability and property damage liability insurance as shall protect Party and all of its employees/officers/agents while providing aid pursuant to this Agreement from any and all claims for damages for bodily injury, including accidental death, as well as any and all claims for property damage which may arise from Party's actions under this Agreement, whether such actions be by the Party, any subcontractor, anyone directly or indirectly employed by either of them, or an agent of either of them. Such insurance shall be combined single limit bodily injury and property damage for each occurrence and shall not be less than the amounts specified below. Self-insurance shall be acceptable to meet this requirement. • Comprehensive General Liability: $2,000,000 • Automobile Liability: $1,000,000 All Parties agree to furnish verification of coverage with original certificates and applicable endorsements or copies of applicable policy language upon request by any Party. SECTION 11— MUTUAL AID COSTS The Requesting Party agrees to pay all reasonable direct, indirect, administrative, and contracted costs incurred by the Assisting Party as a result of providing assistance under this Agreement, San Mateo County Operational Area Building Safety Inspection Program Mutual Aid Agreement 4 based upon the standard rates applicable to the Assisting Party's internal operations. Any Assisting Party must obtain approval from the Requesting Parry prior to purchase of any goods or equipment in order to be eligible for reimbursement. The Requesting Party shall pay such costs as soon as reasonable after receipt of a detailed invoice. Payment shall occur within six (6) months but may be delayed if agreed upon by both Parties. The Requesting Party shall not assume any liability for the direct payment of any salary or wages to any officer, employee, or agent of the Assisting Parry. SECTION 12 — DEFENSE AND INDEMNIFICATION 12.1 Claims Arising from Sole Acts or Omissions of a Party. Each Party to this Agreement hereby agrees to defend and indemnify the other Parties to this Agreement, their agents, officers and employees, from any claim, action or proceeding against another Party, to the extent arising out of its own acts or omissions in the performance of this Agreement. At each Parry's sole discretion, each Party may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve any Party of any obligation imposed by this Agreement. Parties shall notify each other promptly of any claim, action or proceeding and cooperate fully in the defense. 12.2 Claims Arising from Concurrent Acts or Omissions. The Parties hereby agree to defend themselves from any claim, action, or proceeding arising out of the concurrent acts or omissions of the Parties. In such cases, the Parties agree to retain their own legal counsel, if necessary, bear their own defense costs, and waive their right to seek reimbursement of such costs, except as provided in Subsection 12.3 and/or Subsection 12.4, below. 12.3 Joint Defense. Notwithstanding Subsection 12.2 above, in cases where Parties agree in writing to a joint defense, Parties may appoint joint defense counsel to defend the claim, action, or proceeding arising out of the concurrent acts or omissions of Parties. Joint defense counsel shall be selected by mutual agreement of said Parties. Parties agree to share the costs of such joint defense and any agreed settlement in equal amounts, except as provided in Subsection 12.4 below. Parties further agree that no Party may bind the others to a settlement agreement without the written consent of the others. 12.4 Reimbursement and/or Reallocation. Where a trial verdict allocates or determines the comparative fault of the Parties, those Parties may seek reimbursement and/or reallocation of defense costs, settlement payments, judgments and awards, consistent with such comparative fault. The Parties expressly waive pro rata allocation off liability under Government Code Section 895.6. SECTION 13 — NO WAIVER This Agreement shall in no way abrogate or waive any of the immunities available under Federal, State, and local law and regulations, including but not limited to the California San Mateo County Operational Area Building Safety Inspection Program Mutual Aid Agreement Emergency Services Act, Government Code Section 8655 et seq., and the California Government Claims Act, Government Code Section 810 et seq. SECTION 14 — RECORDS When mutual aid is provided, the Requesting and Assisting Parties will keep account records of the personnel, equipment, mileage, and materials provided as required by Federal and State law, the California Disaster Assistance Act, and Federal Emergency Management Agency ("FEMA") guidelines to maximize the possibility of Federal and State disaster reimbursement. Each Party shall have access to another Party's records for this purpose upon reasonable request. SECTION 15 — EFFECTIVE DATE This Agreement shall take effect immediately upon its execution by the President of the County of San Mateo Board of Supervisors and one or more other Parties. SECTION 16 — WITHDRAWAL Any Party may withdraw from this Agreement, with or without cause, upon delivery of one - hundred twenty (120) days prior written notice to the Operational Area Coordinator. SECTION 17 — PRIOR AGREEMENTS To the extent that they are inconsistent with this Agreement, all prior agreements for building department mutual aid between the Parties are hereby null and void. This Agreement does not preclude any routine or shared services which the Parties may provide, may already have contracted for, or may contract for in the future. SECTION 18 — MULTIPLE REQUESTS When more than one city is impacted by an emergency, requests for building safety inspection mutual aid under this Agreement will be channeled through the Operational Area Coordinator to ensure maximum effectiveness in allocating resources to the Party with the highest priority needs. SECTION 19 — MEDIATION Should any dispute arise out of this Agreement, any Party may request that it be submitted to mediation. The Parties involved in the dispute shall meet in mediation within 30 days of a San Mateo County Operational Area Building Safety Inspection Program Mutual Aid Agreement request. The mediator shall be agreed to by the mediating Parties; in the absence of an agreement, the Parties shall each submit one name from mediators listed by either the American Arbitration Association, the State Mediation and Conciliation Service, or other agreed -upon service. The mediator shall be selected by a blind draw. SECTION 20 — OPERATIONAL AREA COORDINATOR The Operational Area Coordinator shall be responsible for: A. Receipt of new members to the Agreement. B. Maintaining a current list of signatory Parties. C. Establishing and maintaining a list of Coordinators. D. Circulating annually a list of all Parties and Coordinators to all signatory Parties. E. Arranging for amendments to the Agreement as may be necessary. F. Allocating resources in the event of multiple requests as provided in Section 18. SECTION 21— EXECUTION All Parties agree that any other qualified public agency may become a Party to this Agreement by executing a duplicate copy of this Agreement and sending same to the Operational Area Coordinator, addressed as follows: San Mateo County Office of Emergency Services 400 County Center Redwood City, CA 94063-1665 SECTION 22 — AUTHORITY TO ENTER INTO AGREEMENT Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective Party. SECTION 23 — THIRD PARTY BENEFICIARIES Nothing set forth in this Agreement shall create, nor is it intended to create, third parry beneficiaries with rights to enforce any clause, condition or term of this Agreement, or assert a claim or cause of action for breach of this Agreement. San Mateo County Operational Area Building Safety Inspection Program Mutual Aid Agreement SECTION 24 — SEVERABILITY Should any term or provision of this Agreement be determined to be illegal or in conflict with any law, the validity of the remaining portions or provisions shall not be affected thereby. Each term or provision of this Agreement shall be valid and enforced as written to the fullest extent permitted by law. San Mateo County Operational Area Building Safety Inspection Program Mutual Aid Agreement This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, and in agreement with this Agreement's terms, the Parties, by their duly authorized representatives, affix their respective signatures: Jurisdiction Signature Print Name and Title Date Atherton Belmont Brisbane Burlingame Colma Daly City East Palo Alto Foster City Half Moon Bay Hillsborough Menlo Park Millbrae Pacifica Portola Valley Redwood City San Bruno San Carlos San Mateo South San Francisco Woodside County of San Mateo San Mateo County Operational Area Building Safety Inspection Program Mutual Aid Agreement EXHIBIT A SAN MATEO COUNTY OPERATIONAL AREA BUILDING SAFETY INSPECTION PROGRAM MUTUAL AID AGREEMENT PROCEDURES GUIDE PURPOSE The purpose of this Procedures Guide is to provide Parties to the San Mateo County Operational Area Building Safety Inspection Program Mutual Aid Agreement with a practical set of guidelines on how to effectively provide and receive building safety inspection assistance. The terms of the Agreement shall govern in the event there is any actual or apparent conflict between this Procedures Guide and the Agreement. The following provisions are suggested guidelines only and not binding on any agency, except to the extent an agency wishes to request assistance pursuant to this Agreement, in which case these guidelines shall be followed. These provisions should be modified and expanded as necessary by an Amendment to the Agreement to meet the unique needs, emergency organizational structure, and working relationships of each operational and regional area. II. AID TENETS OF OPERATIONAL AREA BUILDING SAFETY INSPECTION MUTUAL 1. The most effective means of providing timely assistance to a jurisdiction impacted by a disaster is to have agreements in place in advance of the disaster. 2. Assistance is voluntary. 3. Assistance provided shall be reimbursed by the requesting jurisdiction. 4. Jurisdictions should reasonably commit their own resources before requesting mutual aid. A Proclamation of a Local Emergency is necessary to activate the Agreement, unless waived per Section 3 of the Agreement. 6. Cooperative planning and training are desirable to enhance the effectiveness of providing mutual aid when needed. III. PROCEDURES FOR BUILDING SAFETY INSPECTION MUTUAL AID 1. Designated Building Official Coordinator The Agreement specifies that the "Coordinator" shall mean the person designated by each Party to act on behalf of that Party on all matters relative to building safety inspection mutual aid, including but not limited to requests, responses, and reimbursement. San Mateo County Operational Area Building Safety Inspection Program Mutual Aid Agreement 10 The Coordinator should be a person who during a disaster would be authorized to request Safety Assessment Program ("SAP") resources. The Coordinator should also be in a position to authorize the providing agency to release personnel and equipment to the agency impacted by the disaster. Alternate coordinators should be designated in case the primary coordinator is unavailable during the disaster. Each Party should submit the name and contact information of the Coordinator and alternate to the Operational Area Coordinator, and keep that information up-to-date. 2. WebEOC Communication To obtain building safety inspection assistance, a planned method of communicating requests is essential. This includes using WebEOC as the primary means to process the request and maintain lines of communication. WebEOC should be used to request assistance using the Resource Task (ICS-213RR). Communication via telephone, radio, microwave, etc. may be necessary in the early phases of an incident to ensure requests are being received and processed in a timely manner, and may also be used as secondary communication channels. 3. Resource Lists and Contacts It is strongly recommended that lists of building safety inspector resources (including quantity and type of personnel, equipment, and materials) be developed for each participating agency in the Operational Area. Each Coordinator should upload their resource list to WebEOC, and provide a copy to the Operational Area Coordinator. The Operational Area Coordinator will populate the list in the resources section of the County WebEOC. Coordinators should regularly review and update their lists and provide updated information to the Operational Area Coordinator. Such lists are essential for the Operational Area Coordinator to quickly identify which agencies have the particular types of resources needed by the requesting agency. SMCAlert will be used to notify all Building Officials/designated Coordinators in the Operational Area of a resource request. 4. Arrange Care for Assisting Forces The Agreement requires that the Requesting Parry be responsible for the safekeeping of the resources provided by the Assisting Parry. 5. Documentation for Reimbursement In accordance with the Agreement, each Requesting and Assisting Party is required to keep accounting records of the personnel, equipment, and materials provided under the Agreement as required by the Federal Stafford Act administered by the Federal Emergency Management Administration (FEMA) and State guidelines. This requirement is to maximize the Requesting Party's ability to receive reimbursement for costs expended to receive mutual aid. 6. Proclamation of Emergency The Agreement requires that a Local Emergency be proclaimed by an authorized official or the governing body of the impacted jurisdiction prior to requesting resources, unless the requirement San Mateo County Operational Area Building Safety Inspection Program Mutual Aid Agreement 11 is waived pursuant to Section 3 of the Agreement. A State of Emergency should also be requested through the Operational Area for approval by the Governor to authorize State reimbursement and, if warranted, a request for a Presidential Proclamation of Emergency to authorize federal reimbursement. Each Party should include in their emergency plan a provision to seek a proclamation from the authorized official in their jurisdiction as soon as they can reasonably determine that the disaster will be beyond the scope of mutual aid assistance. Because cumulative estimates of damage across the County may be combined to establish a basis for reimbursement from the State and a gubernatorial declaration of emergency, the collection and provision of damage estimates to the Operational Area Coordinator for any incident that might have Countywide implication is important in obtaining external resources. 7. Agency in Charge The Agreement provides that the Requesting Coordinator shall remain in charge of the incident and provide direction to and control of the resources provided by the Assisting Party. The Requesting Party may also request that the Assisting Party provide supervisory personnel to take direct charge of the resources provided under the overall direction of the Requesting Coordinator. The Assisting Party should comply with all reasonable directions from the Requesting Coordinator. However, the Assisting Party should not be obligated to perform any work that it reasonably believes would unduly jeopardize the safety of its employees. 8. Checklists for Requesting Mutual Aid Each Party to the Agreement is encouraged to develop checklists for their Coordinator to use in assuring that all required steps are followed to properly and effectively seek and provide building safety inspection mutual aid for the benefit of the impacted area and protection of the Assisting Party. These checklists should establish who is to carry out each essential function both internally to the agency and externally, and contact numbers and means for reaching those individuals. Exhibit A-1 (San Mateo County Operational Area Building Safety Inspection Program Checklist for Mutual Aid Assistance) is a sample checklist. San Mateo County Operational Area Building Safety Inspection Program Mutual Aid Agreement 12 EXHIBIT A-1 SAN MATEO COUNTY BUILDING SAFETY INSPECTION PROGRAM CHECKLIST FOR MUTUAL AID ASSISTANCE I. Pre -Event Develop procedures at the Operational Area to carry out mutual aid including checklists of actions, resource lists, etc. II. Post Event 1. Agency experiencing event quickly assesses estimated extent of damage and availability of local resources to respond. 2. If it is apparent that outside resources will be needed to effectively deal with the emergency, promptly request a proclamation of Local Emergency. 3. Upon a proclamation of Local Emergency (or waiver under Section 3 of the Agreement), request mutual aid assistance via WebEOC from the Operational Area Coordinator according to pre -established procedures in WebEOC. 4. Ensure request is specific as to type and quantity of resources needed, when to report, who to report to, how long resources may be needed, and type of work to be performed. Once an Assisting Party is located to satisfy the resource request, the Operational Area Coordinator will determine how quickly these resources can be made available and notify the Requesting Party. 5. The Requesting Parry will make all necessary arrangements to care for the Assisting Parry's personnel and equipment if needed. 6. The Requesting Parry will carefully document all costs for each specific damage site according to State and Federal procedures for eligible reimbursement. Carefully record the names of assisting personnel and equipment at each site, hours worked, and mileage. Parties should ensure that expenses and activities are documented on the required forms, which include: a. ICS Form 214 Unit Log b. FENIA 90127 Force Account Labor Summary c. FEMA 90128 Force Account Equipment Summary San Mateo County Operational Area Building Safety Inspection Program Mutual Aid Agreement 13 7. The Requesting Party should return the Assisting Parry's resources as soon as possible. San Mateo County Operational Area Building Safety Inspection Program Mutual Aid Agreement 14 To Date: From STAFF REPORT Honorable Mayor and City Council February 7, 2022 /_CelA\IDLE\Ce�:ra MEETING DATE: February 7, 2022 Sonya Morrison, Human Resources Director — (650) 558-7209 Subject: Adoption of a Resolution Authorizing the Deletion of One Vacant Transportation Program Manager Position and the Addition of One Senior Civil Engineer RECOMMENDATION Staff recommends that the City Council adopt the attached resolution authorizing the deletion of one vacant full-time equivalent (1.0 FTE) Transportation Program Manager position, and the addition of one full-time equivalent (1.0 FTE) Senior Civil Engineer position assigned to transportation. BACKGROUND The City is proposing the following amendments to the classification plan: 1. Deletion of one vacant Transportation Program Manager (-1.0 FTE) position in the Public Works Engineering Division; 2. Addition of one Senior Civil Engineer (1.0 FTE) in the Public Works Engineering Division; The Public Works Department Engineering Division transportation program has a vacancy in the Transportation Program Manager position with the departure of the incumbent in early November 2021. The City has been trying, unsuccessfully, to recruit for the position, which requires either a licensed engineer, or a very special set of skills. The former incumbent, a long-term employee with the City of Burlingame, had these special skills. The Transportation Program Manager is an unlicensed classification and is unsuitable to the needs of the transportation program. These changes in classification are deemed necessary to effectively carry out the City's priorities and support both General Fund and Capital Improvement Program activities in the area of transportation. The changes result in no increase in overall head count or FTE count. DISCUSSION After an extensive search, and intensively advertising, a lengthy recruitment process only produced four applicants, only one of whom was qualified. The qualified applicant, a licensed engineer, rejected the position because of the classification and much lower -than -market pay for what they would receive as a licensed engineer. Further recruitment efforts are unlikely to net any additional 1 Classification and Compensation Plan Revisions February 7, 2022 candidates. As a result, the Department closed the recruitment and reassessed the needs of the division. It is clear that what is required is a licensed engineer at a senior level if the Department is to meet the ongoing and increasing demands for service from the transportation program. The Senior Civil Engineer classification is a more appropriate, general engineering classification and best fits the needs and the market demand for the vacancy. Notification of all changes has been provided to the appropriate bargaining units, and the proposed changes are acceptable to them. FISCAL IMPACT The fiscal impact of the proposed change results in an annual increase of $22,555, with 90% of the increase allocated to the Capital Improvements Fund, and the remaining 10% allocated to the General Fund. The Department has salary savings from the vacant Transportation Program Manager position, so the City's FY 2021-22 budget includes sufficient funding for the personnel changes described above. Exhibit: • Resolution 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE DELETION OF ONE VACANT TRANSPORTATION PROGRAM MANAGER, AND THE ADDITION OF ONE SENIOR CIVIL ENGINEER WHEREAS, under the City of Burlingame Civil Service Rules, adopted pursuant to Municipal Code Section 3.52.030, the City Council is the final authority for approving the classification and compensation plan; and WHEREAS, the proposed changes are as detailed below: • Delete a vacant 1.0 FTE Transportation Program Manager; and • Add a 1.0 Senior Civil Engineer; and WHEREAS, the basis for the proposed changes is fully detailed in the staff report for this item on the February 7, 2022, City Council agenda; and WHEREAS, this change results in an annual increase of $22,555, with 90% of the increase allocated to the Capital Improvements Fund, and the remaining 10% allocated to the General Fund; and WHEREAS, the bargaining units representing the impacted classifications have reviewed the proposed changes and have not brought forth any objections or concerns. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Burlingame finds, orders, and declares that: 1. The Council approves the deletion of a vacant 1.0 FTE Transportation Program Manager in the Public Works Department Engineering Division; and 2. The Council approves the addition of a 1.0 FTE Senior Civil Engineer in the Public Works Department Engineering Division. Ricardo Ortiz, 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 7th day of February 2022, and was adopted thereafter by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Meaghan Hassel Shearer, City Clerk euR— �rv�ann� AGENDA NO: 8e STAFF REPORT MEETING DATE: February 7, 2022 To: Honorable Mayor and City Council Date: February 7, 2022 From: Lisa Goldman, City Manager — (650) 558-7204 Subject: Open Nomination Period to Fill Three Impending Vacancies on the Planning Commission RECOMMENDATION Staff recommends that the City Council call for applications to fill three impending vacancies on the Planning Commission. The vacancies are due to the expiring terms of Commissioners William Loftis, Richard Terrones, and Audrey Tse. The recommended deadline is Friday, March 4, 2022. This will allow applicants an opportunity to view the February 14 and February 28, 2022 Planning Commission Zoom meetings. 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 To Date: From STAFF REPORT Honorable Mayor and City Council February 7, 2022 AGENDA NO: 10a MEETING DATE: February 7, 2022 Margaret Glomstad, Parks and Recreation Director — (650) 558-7307 Subject: Adoption of a Resolution Approving the Installation of a Public Art Project Consisting of Six Robert Barry Words on the Bayfront and Authorizing the City Manager to Execute the Art Donation Acceptance Agreement RECOMMENDATION Staff recommends that the City Council adopt a resolution approving the installation a public art project consisting of six Robert Barry words on the Bayfront and authorizing the City Manager to Execute the Art Donation Acceptance Agreement. BACKGROUND City staff has been working with Fung Collaboratives to install the Anson Burlingame Public Art project in Washington Park. (The project is expected to have a ribbon -cutting ceremony in the first quarter of 2022.) Lance Fung & John Talley are the owners of Fung Collaboratives & FC Projects. Both organizations advise, manage, and consult with global clients about their public art needs. An opportunity to increase public art displays in Burlingame has presented itself due to the City's relationship with Fung Collaboratives. Lance Fung and John Talley have offered to donate a public artwork by artist Robert Barry. People traveling by foot, car, or plane would be able to see the artwork during the day; the words would also be visible during evening hours due to the LED lights in the artwork. Robert Barry Biography Barry's work focuses on escaping the art object's previously known physical limits to express the unknown or unperceived. Barry has explored a number of different avenues toward defining the usually unseen space around objects, rather than producing the objects themselves. In 1974, Barry moved to Teaneck, NJ. He gave up painting and began making art using invisible media, including electromagnetic energy, ultrasonic radiation, and inert gases. He describes his art as affecting other things as much as it is affected by those things. He also began incorporating text into his artworks, making the viewer a part of his pieces. Major nonvisible works from his early period include Carrier Wave, in which Barry used the carrier waves of a radio station for a prescribed length of time "not as a means of transmitting information, but rather as an object," Radiation Piece, and Inert Gas Piece, in which Barry opened various Installation of Six Robert Barry Words February 7, 2022 containers of inert gases in different settings before groups of spectators, such as a canister of helium released in a desert. Barry is included in the permanent collections of renowned museums, including the Museum of Modern Art, New York; the Hirshhorn Museum and Sculpture Garden, Washington, D.C.; the Solomon R. Guggenheim Museum, New York; the Musee d'Orsay, Paris; the Whitney Museum of American Art, New York; the Musee National D'Art Moderne, Centre Georges Pompidou, Paris; the Museum of Contemporary Art (MOCA), Los Angeles; and the National Gallery of Art, Washington, D.C. Artwork History Several years ago, Lance Fung was invited to curate a multi -year / multi -million dollar changing public art exhibition series in Atlantic City (2012-2015). In the first year, Robert Barry was invited to create his largest outdoor public artwork to date. His 27-word installation encircled a newly designed 7.5-acre park. The words rested on a manmade grassy berm at varied and skewed angles. The artwork was on view 24/7 for four years and could be seen from within the park and from bird's eye views of adjacent hotels and office buildings. The artwork has received much acclaim, but had to be broken up into several installations due to the sheer size of the overall installation. Five words were sold and installed at 1440 Multiversity located in Scotts Valley, CA. Eight words were also installed at the Fung/Talley residence in Woodside. On December 16, 2021, staff presented the Parks and Recreation Commission with the public art project and requested that five of the six words (only one of the red words) be approved for recommendation to the City Council. The idea at the time was to install the remaining red word on the exterior of the Main Burlingame Library. The Commission discussed the two red words and asked Mr. Fung if it was possible to install both of them on the Bayfront. Mr. Fung agreed that all six words should be installed on the Bayfront. Subsequently, the Commission approved a recommendation to the City Council to install all six of the Robert Barry words on the Bayfront. DISCUSSION The six words available for installation in Burlingame are: 1. Becoming (red) 2. Believe (red) 3. Purpose (blue) 4. Possible (green) 5. Together (orange) 6. Another (yellow) The words are between 10'6" and 20' in length, and the letters are 2' tall. The proposed location of the words is City land on the hillside below the Bayfront Park Corporation Yard, between the Bayside Dog Exercise Park and the Public Works Storage Yard. The location was chosen for its visibility from incoming planes and the Bay Trail. In addition, the area is fenced in and not easily 2 Installation of Six Robert Barry Words February 7, 2022 accessible, which will reduce the chances of vandalism. Fung Collaboratives, in collaboration with Robert Barry, will design the final placement of the words. Each word has five LED lights, which staff estimates will need two service hookups. This will need to be verified once staff has installed the words. Depending on the complexity of illumination (due to the different locations of the words), staff may need to retain a consultant to assist with the illumination process. If the costs are prohibitive for the consultant and illumination, funds could be raised through donations to complete the infrastructure for illumination. Solar options for illumination were explored and determined not to be an option. John Talley would work with City staff to oversee the transition of the words from their current storage area to Burlingame. City staff would provide transportation of the individual words. The words would be stored at the Bayfront Park Corporation Yard until the hillside is ready for installation. The hillside vegetation will need to be cleaned before installation. This includes removing dead vegetation, clearing weeds, and mowing. Since the words are not easily moved once installed, and to maintain visibility, staff is estimating 36 hours per year of additional maintenance to keep the site clear of weeds. The resolution authorizes the City Manager to execute the Art Donation Acceptance Agreement. Pursuant to the donation agreement, Barry and Fung/Tally donate the artwork to the City, and the City accepts the donation. The artist and donors permanently relinquish all claim to the title, rights, and copyright of the artwork. The City will recognize Barry as the artist and Fung/Tally as the donors of the artwork. The City has the right to relocate or permanently remove the artwork in its sole discretion. If the City permanently removes the artwork, Fung/Tally have the option to re -acquire the artwork. If the donors do not exercise their option, the City may permanently remove, dismantle, dispose of, or sell the art. FISCAL IMPACT The staff time cost is anticipated to be $10,516 to prepare the location and install the words. There is an additional cost of $1,000 for CalFire to help with the initial vegetation management. Task # of staff # of hours Rate Cost Transport Words from SJ to COB 2 4 $77.33 $618 Staff Time to Clear Site 2 32 $77.33 $4,949 CalFire Assistance to Clear Site $1,000 $1,000 Install Words 4 16 $77.33 $4,949 Total Staff Time and Cost $11,516 The Parks Division Operating Budget has adequate funds to absorb this cost. The illumination costs are unknown at this time, but the words can be installed and remain unilluminated until such time as funds are available. Exhibits: • Resolution 3 Installation of Six Robert Barry Words February 7, 2022 • Art Donation Acceptance Agreement • Parks and Recreation Commission Draft Minutes • Site Location of the Words • Example of the Placement of the Words 4 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE ART DONATION FOR DISPLAY IN A PUBLIC PLACE ACCEPTANCE AGREEMENT BETWEEN THE CITY OF BURLINGAME AND LANCE FUNG AND JOHN TALLEY FOR THE ROBERT BARRY PUBLIC ART INSTALLATION Whereas, the City Council of the City of Burlingame has determined that art in City -owned parks and other public places provides an aesthetic enhancement to the quality of the park and/or other public place to the beneficial enjoyment of the community; and Whereas, the Donor has submitted a proposal to donate to the City the following piece of art ("Artwork") by the Artist, valued at $50,000.00 per word: Robert Barry word piece "Untitled"; and Whereas, the City has land on the Bayfront along Airport Boulevard to install the Robert Barry words; and Whereas, on December 16, 2021, the Parks and Recreation Commission approved the Donor and Artist's artwork and proposal for donation and recommended it to the City Council for approval. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: The City Council accepts the donation of the Robert Barry words from Lance Fung and John Talley. 2. The City Council hereby approves, and authorizes the City Manager to execute the attached Donation Agreement with Lance Fung, John Talley, and Robert Barry for the Robert Barry Public Art project installation on the Bayfront. Ricardo Ortiz, 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 Burlingame City Council held on the 7th day of February, 2022, and was adopted thereafter by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: Meaghan Hassel -Shearer, City Clerk ART DONATION FOR DISPLAY IN PUBLIC PLACE ACCEPTANCE AGREEMENT This Art Donation for Display in Public Place Acceptance Agreement ("Agreement") is entered into this day , 2022, by and between the City of Burlingame, a municipal corporation (hereinafter the "City"), and Lance Fung and John Talley (hereinafter the "Donor"), and Robert Barry (hereinafter the Artist) (each a "Party" and collectively the "Parties"). RECITALS Whereas, the City Council for the City of Burlingame has determined that art in City -owned parks and other public places provides an aesthetic enhancement to the quality of the park and/or other public place to the beneficial enjoyment of the community; and Whereas, the Donor has submitted a proposal to donate to the City the following piece of art ("Artwork") by the Artist, valued at $50,000.00 per word: Robert Barry word piece "Untitled", as depicted or described in Exhibit A, attached hereto and incorporated herein; and Whereas, on December 16, 2021, the Parks and Recreation Commission approved the Donor and Artist's Artwork and proposal for donation and recommended it to the City Council; and Whereas, on , the City Council accepted the donation of the Artwork based on the terms and conditions set forth in this Agreement. NOW, THEREFORE, the Parties agree as follows: L Incorporation of Recitals. The above Recitals are fully incorporated into this Agreement and are an integral part thereof. 2. Donation and Acceptance. The Donor hereby conveys by donation the Artwork, and its legal title, to the City, and the City hereby accepts the donation of the Artwork under and in consideration of the terms, qualifications, and conditions as set forth in this Agreement. The Artist and the Donor certify that the Artwork is a unique work of artcreated by the Artist and is not subject to third party claims of royalties, or copyright or trademark infringement, and the City relies on such certification in accepting the Artwork. The Artist and the Donor intend by this donation to permanently relinquish all legal claim of right to title,royalties, copyright, or trademark of the Artwork, except as provided in Paragraph 4, herein. 3. Credit. On any City reproduction of the Artwork, Artist shall always be recognized as the artist and the donation by Donor. The dates of the Artwork and donation shall be 2012-2020. 4. Removal or Relocation. The City retains the right to relocate or permanently remove the Artwork from public display for any reason, in the sole discretion of the City, including, but not limited to: hazards to public health, safety or welfare; unsightly or deteriorated conditions of the artwork; or the need to access, repair and maintain public facilities. 5. Donor's Option. The Donor shall have the option of reacquiring title and possession of the Artwork upon permanent removal of the Artwork by the City as follows: Prior to permanent removal of the Artwork, the City shall provide notice to the Donor addressed and delivered in accordance withSection 6 of this Agreement. Should the Donor choose to exercise its option to reacquire the Artwork,the Donor shall remove the Artwork at the Donor's own expense within 60 days of notification from the City. Legal title to the Artwork shall be deemed conveyed to the Donor at the time of removal. Failure by Donor to either respond to the City's notification or to remove the Artwork within the specified 60-day period shall be deemed a waiver by the Donor of the Donor's option to reacquire titleand possession of the Artwork upon its permanent removal, and the City may thereafter use the Artwork for any purpose, including without limitation, dismantling, disposal, salvaging or sale. 6. Construction and Installation Requirements. a. The City shall be solely responsible for all labor and materials costs associated with building,transporting, and installing the Artwork. b. The City shall assist with installation of the Artwork as follows at City's sole cost: Installing concrete pad and securing mechanisms. Supervision of installation. c. The risk of loss and damage during construction and installation shall be borne solely by theCity. 7. Notice. Notice when required herein, shall be deemed properly given and complete when provided by personal delivery; or upon five (5) days after mailing U.S. first class mail, postage prepaid; or upon one (1) day after delivery by overnight courier, to the following addresses, or to any other updated address which may have been provided in writing fromone party to the other: If to Donor: If to City: Lance Fung/John Talley City Manager PO BOX 3804 501 Primrose Rd. Carmel by the Sea, CA 93921 Burlingame, CA 94010 Each Party bears shall ensure that the other Party is properly notified in writing of any revisions orupdates to these addresses. 8. Indemnification. The Donor and Artist agree to indemnify, defend and hold harmless the City of Burlingame, and its officers, employees, agents, assigns through legal counsel reasonably acceptable to the City, from and against any and all claims, losses, demands and expenses, including but not limited to, attorney's fees and cost of litigation, on account of bodily injury, including death, or property damage arising out of or in any way connected to construction, installation and Artist's maintenance of the Artwork, if any, as required under this Agreement. The Parties hereto have executed this Agreement to have effect as of the day and year first written above. Donor, private individuals City of Burlingame, a municipal corporation By: Lance Fung By: John Talley Artist By: Robert Barry Lisa K. Goldman, City Manager R C1TfY ti o� `ls Rvoawreo PARKS & RECREATION COMMISSION DRAFT Meeting Minutes Regular Meeting on Thursday, December 16, 2021 1. CALL TO ORDER The duly noticed regular meeting of the Burlingame Parks & Recreation Commission was called to order by Chair Holzman at 7:01 pm via Zoom meeting. 2. ROLL CALL COMMISSIONERS PRESENT: Milne, Ardito, Chang, Holzman, Brunello, Pappajohn and Wettan COMMISSIONERS ABSENT: STAFF PRESENT: Parks & Recreation Director Glomstad & Recording Secretary Helley OTHERS PRESENT: Lance Fung 3. APPROVAL OF MINUTES Commissioner Brunello made a motion to approve the November minutes as written. The motion was seconded by Commissioner Wettan and was approved. 6-0-1 (Pappajohn was not at the November meeting). 4. CORRESPONDENCE None 5. PUBLIC COMMENTS None 6. OLD BUSINESS None 7. NEW BUSINESS 1 Parks & Recreation Commission DRAFT Minutes December 16, 2021 a. Robert Barry Art at Bayside Park Director Glomstad noted the staff has been working with Fung Collaboratives to install the Anson Burlingame Public Art project in Washington Park, with a ribbon -cutting expected in January 2022. In the process, an opportunity to increase public art displays in Burlingame presented itself due to the relationship with Fung Collaboratives. Mr. Fung and John Talley have offered to donate a public artwork by artist Robert Barry. The artwork includes six words that could be seen during the day by foot, car, or plane and would also be visible during evening hours if power is available to light the LED lights in the artwork. The words are between 10'6" and 20' in length, and the letters are 2' tall. Of the eight words owned by Fung/Talley, six are available for installation in Burlingame. 1. Becoming (red) 2. Believe (red) 3. Purpose (blue) 4. Possible (green) 5. Together (orange) 6. Another (yellow) The proposed location of the words is City land on the hillside below the Bayfront Park Corporation Yard, between the Bayside Dog Exercise Park and the Public Works Storage Yard (Exhibit A). Staff chose the location for its visibility from incoming planes and the Bay Trail. In addition, the area is fenced in and not easily accessible, which will reduce the chances of vandalism. The hillside vegetation will need to be cleaned by staff before installation. This includes removing dead vegetation, clearing weeds, and mowing. Library staff had mentioned interest in installing one of the red words at the Burlingame Library. Therefore, staff requested that the Commission choose between "Becoming" and "Believe" and recommend the installation of the five words on the Bayfront to the City Council for consideration. Mr. Fung noted the material used to create the words allows them to be waterproof and low maintenance for staff. Commissioner Brunello asked if there were any liability concerns. Glomstad noted the words would be fenced in to reduce the chance of the public damaging them. Commissioner Wettan asked would there be any more risk once they were powered and what the power connection would be. Glomstad noted an electrician would have to be consulted to determine the power source needs. Wettan asked who owned the rights to the words. Mr. Fung stated he owned the artwork and will be donating it to the City. Commissioner Chang asked if other locations in the City could work. Mr. Fung noted that the location is reminiscent of the original location the artist had them installed. Staff noted other 2 Parks & Recreation Commission DRAFT Minutes December 16, 2021 locations would pose a challenge due to the size of the installation and the ability to separate it from the public. Commissioner Pappajohn thought the idea was exciting and a statement to have contemporary art outside. She asked if you could see the words from an airplane. Mr. Fung noted that when the words were installed in Atlantic City, they heard it could be seen from the air. Mr. Fung noted that the words are ambiguous and evoke different thoughts each time they are viewed. Commission talked about the different words and which ones they would choose. Commissioner Pappajohn liked the word Believe over Becoming as it is a more powerful word, and Becoming seems more Library appropriate. Commissioner Ardito agreed and liked the word Believe because Becoming seemed like we were not yet where we wanted to be. Commissioner Milne agreed that Believe is a strong word but could stand alone, and he thought Becoming went well with other words. When Commissioner Chang read the staff report, he thought of the words one way and now, due to the discussion, found the words to have a different meaning. He liked both Becoming and Believe. Commissioner Wettan stated he would vote for Becoming because he felt Believe was trying to tell him something with which he may disagree. After more discussion, Chair Holzman noted that it felt as though the Commissioners wanted all the words, if possible. The Commission agreed they would prefer to install all the words offered by Mr. Fung and Mr. Talley. Mr. Fung felt that the artist would prefer to keep the words together and agreed with the Commission that it would be better overall. MOTION: Commissioner Pappajohn moved to install all the words on the hillside near the Bay Trail. Motion Seconded by Commissioner Milne and was approved.7-0. 8. STAFF AND COMMISSIONER REPORTS a. Parks & Recreation Department Reports Director Glomstad reported she would be presenting an update on the new Community Center to the City Council at the December 20, 2021 meeting. The 1st Memory Caf6 of the New Year is on Wednesday, January 5, 2022, in -person at Mills -Peninsula Health and Fitness Center. This Tuesday, the Department rolled out the new RecTrac registration system. Nicole Houghton is 3 Parks & Recreation Commission DRAFT Minutes December 16, 2021 back from her leave, and Sydney Bliss has returned to the Department as a Recreation Coordinator. She will be overseeing all the contractors providing classing in the new Community Center and in-house vacation camps. b. Commissioners Reports Commissioner Brunello reached out to BYBA and BGS and had not heard from them but looked forward to hearing from them in the future. Commissioner Wettan reached out to all three user groups, OLA, Lacrosse, and St. Catherine. Commissioner Chang noted that the Holiday Tree lighting was an enjoyable event. Chair Holzman enjoyed the Holiday Tree Lighting. She noted it was fun to be part of a community event again. Commissioner Milne - None Commissioner Ardito reported she reached out to BSC but had not heard back. She wanted to commend Director Glomstad and the team on assisting with anything that comes up from the community. She noted that she and her family are excited to judge the holiday decorating contest. Commissioner Pappajohn - None 9. FUTURE AGENDA ITEMS a.) ADJOURNMENT There being no further business, the meeting was adjourned at 8:05 pm. The next meeting of the Parks & Recreation Commission is scheduled to be held on Thursday, January 20, 2022, at 7:00 pm via zoom webinar. Respectfully submitted, Joleen Helley Recording Secretary 4 Parks & Recreation Commission DRAFT Minutes December 16, 2021 Inn Express Space Airport a s lap of Burlingame �% 0 , Bay Trail Access fee International —.—PA.- - IS Constructors nap oon ema ial,Ba L � - anpon nn` _. _gleiRobotic ` p9AI 0 C y, EX aPark � © � SO all v. *}. y poubleTr 10 •. -� Hfi1Pn Netal San } p P3 star ons a, Crowns Plaza /hen _ • S F Airpp� Nw a f ye R o ae (" r acre '15 1 s Y tl ParkLearm's, ,J a park gA sal I 4 6 ✓ 0�� 0 d£ lot gtlR fP 9p„ to C , �`� �� Google SCO Ian f . Y OF wl FAT I. . ;10 y . 14,111 A- w' OF Old IF OFF, e: .a.._.... ., .r -..._a M= -... aft►„�; Oki ., k Op Pt �.Onommi OFF