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Agenda Packet - CC - 2023.03.06
CITY v 0 ticow � � rPORATED Monday, March 6, 2023 City of Burlingame Meeting Agenda - Final City Council 7:00 PM BURLINGAME CITY HALL 501 PRIMROSE ROAD BURLINGAME, CA 94010 Consistent with Government Code Section 54953, this City Council Meeting will be held via Zoom in addition to in person. Council Chambers To maximize public safety while still maintaining transparency and public access, members of the public can observe the meeting from home or attend the meeting in person. Below is information on how the public may observe and participate in the meeting. To Attend the Meeting in Person: Location: 501 Primrose Road, Burlingame, California 94010 To Observe the Meeting via Zoom: To access the meeting by computer. Go to www.zoom.us/join Meeting ID: 820 0624 3266 Passcode:977245 To access the meeting by phone: Dial 1-669-900-6833 Meeting ID: 820 0624 3266 Passcode:977245 To Provide Public Comment in Person: Members of the public wishing to speak will be asked to fill out a "Request to Speak" card located on the table by the door and then hand it to staff. The provision of a name, address, or other identifying information is optional. Speakers are limited to three minutes each, however, the Mayor may adjust the time limit in light of the number of anticipated speakers. To Provide Public Comment via Zoom: During the meeting, public comment may be made by members of the public joining the meeting via Zoom. Zoom access information is provided above. Use the "Raise Hand" feature (for those joining by phone, press "9" to "Raise Hand) during the public comment period for the agenda item you wish to address. The Zoom Host will call on people to speak by name provided or the last four digits of the phone number for dial -in attendees. Speakers are limited to three minutes each, however, the Mayor may adjust the time limit in light of the number of anticipated speakers. City of Burlingame Page 1 Printed on 31212023 City Council Meeting Agenda - Final March 6, 2023 To Provide Public Comment via Email: 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 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 Monday, March 6, 2023. 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. 1. CALL TO ORDER - 7:00 p.m. - Council Chambers/Online To access the meeting by computer: Go to www.zoom.us/join Meeting ID: 820 0624 3266 Passcode:977245 To access the meeting by phone: Dial 1-669-900-6833 Meeting ID: 820 0624 3266 Passcode:977245 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. ROLL CALL 4. REPORT OUT FROM CLOSED SESSION 5. UPCOMING EVENTS 6. PRESENTATIONS a. Update from San Mateo County Supervisor Pine 7. PUBLIC COMMENTS, NON -AGENDA Members of the public may speak about any item not on the agenda. Members of the public wishing to suggest an item for a future Council agenda may do so during this public comment period. The Ralph M. Brown Act (the State local agency open meeting law) prohibits the City Council from acting on any matter that is not on the agenda. City of Burlingame Page 2 Printed on 31212023 City Council Meeting Agenda - Final March 6, 2023 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 February 21, 2023 Closed Session Attachments: Meeting Minutes b. Approval of City Council Meeting Minutes for the February 21, 2023 Regular City Council Meeting Attachments: Meeting Minutes C. Adoption of a Resolution Accepting the Anson Burlingame Public Art Project No. 86090 in the Amount of $210,000 Attachments: Staff Report Resolution d. Adoption of a Resolution Adopting the 2019 San Francisco Bay Area Integrated Regional Water Management Plan; CEQA Determination: Exempt from CEQA Pursuant to Public Resources Code Section 21065 Attachments: Staff Report Resolution e. Adoption of a Resolution Authorizina the Citv Manaaer to Neaotiate and Execute a Lease Agreement Between the City of Burlingame and Gabriel's Mexican Restaurant for the Use of the Murray Field Club House Attachments: Staff Report Resolution Lease Agreement f. Adoption of a Resolution Approvina the License Aareement with San Mateo Count Express Lanes Joint Powers Authority and Authorizing the City Manager to Execute the Agreement Attachments: Staff Report Resolution License Agreement g. Adoption of a Resolution Ending the COVID-19 Local Emergency Declaration Attachments: Staff Report Resolution Ending Covid Emergency Resolution Proclaiming Local Emergency City of Burlingame Page 3 Printed on 3/2/2023 City Council Meeting Agenda - Final March 6, 2023 h. Adoption of a Resolution Authorizing the City Librarian to Request Duncan Trust Funds, Up to a Maximum of $5,000 per Request Attachments: Staff Report Resolution Adoption of a Resolution Authorizina the Citv Manaaer to Neaotiate and Enter into a Lease Agreement with Fika Cafe to Provide Food Service at the Burlingame Main Library Attachments: Staff Report Resolution Lease j. Adoption of a Resolution Authorizing the City Manager to Negotiate and Execute an Agreement with Pacific Gas and Electric (PG&E) to Participate in the PG&E Electric Vehicle Fast Charge Program Attachments: Staff Report Resolution Agreement Template k. Adoption of a Resolution Opposing Initiative 21-0042A1, the Taxpayer Protection and Government Accountability Act, and Authorizing the Mayor to Send a Letter of Opposition Attachments: Staff Report Resolution Draft Letter Text of Initiative 21-00442A1 Adoption of a Resolution Authorizina the Citv Manaaer to Amend and Execute the Memorandum of Understanding with Teamsters Local 856 and Approve an Amended Salary Schedule for Merit Classifications Attachments: Staff Report Resolution Tentative Agreement Salary Schedule M. Authorize the Mayor to Sign a Letter to State Legislators in Support of AB 1505 to Fund the New $250 Million Seismic Retrofitting Program for Soft Story Multifamily Housing in the FY 2023-24 State Budget Attachments: Staff Report AB 1505 Support Letter 9. PUBLIC HEARINGS (Public Comment) City of Burlingame Page 4 Printed on 3/2/2023 City Council Meeting Agenda - Final March 6, 2023 10. STAFF REPORTS AND COMMUNICATIONS (Public Comment) a. Housing Element Annual Progress Report (APR) and Housing Program Discussion Attachments: Staff Report Housing Element Annual Progress Report (APR) Tables Prohousing Burlingame Webpage Screenshot b. Discussion of Providing Tablets or Laptops to City Councilmembers to Facilitate Official City Business Attachments: Staff Report 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. 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, March 6, 2023 at (650) 558-7203 or at mhasselshearer@burlingame.org. Any individual who wishes to request an alternate format for the agenda, meeting notice, or other writings that are distributed at the meeting should contact Meaghan Hassel -Shearer, City Clerk by 10:00 a.m. on Monday, March 6, 2023 at (650) 558-7203 or at mhasselshearer@burlingame.org. Notification in advance of the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting, the materials related to it, and your ability to comment. NEXT CITY COUNCIL MEETING FY 2022-23 Mid -Year Budget Study Session on Wednesday, March 15, 2023 at 6:30 p.m. Regular City Council Meeting on Monday, March 20, 2023 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 via www.burlingame.org or by emailing City Clerk Meaghan Hassel -Shearer at mhasselshearer@burlingame.org. If you are unable to obtain information via the City's website or through email, contact the City Clerk at (650) 558-7203. City of Burlingame Page 5 Printed on 3/2/2023 City Council Meeting Agenda - Final March 6, 2023 City of Burlingame Page 6 Printed on 3/2/2023 CITY BURLINGAME u[ � BURLINGAME CITY COUNCIL Unapproved Minutes Closed Session on February 21, 2023 1. CALL TO ORDER Agenda Item: 8a Meeting Date: March 6, 2023 A duly noticed meeting of the Burlingame City Council was held on the above date via Zoom at 6:00 p.m. 2. ROLL CALL MEMBERS PRESENT: Beach, Brownrigg, Colson, Ortiz, Stevenson MEMBERS ABSENT: None 3. PUBLIC COMMENTS There was no public comment. 4. REPORT OUT FROM CLOSED SESSION a. CONFERENCE WITH LABOR NEGOTITAORS GOVERNMENT CODE SECTION 54957.6 CITY DESIGNATED REPRESENTATIVES: HUMAN RESOURCES DIRECTOR MARIA SAGUISAG-SID, CITY MANAGER LISA K. GOLDMAN. CITY ATTORNEY MICHAEL GUINA. CHIEF OF POLICE MICHAEL MATTEUCCI, TIMOTHY L. DAVIS ATTORNEY, FINANCE DIRECTOR HELEN YU-SCOTT EMPLOYEE ORGANIZATIONS: AFSCME AND TEAMSTERS City Attorney Guina stated that direction was given but no reportable action was taken. b. CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION (GOVERNMENT CODE SECTION 54956.9(d)(1)) YES IN MY BACKYARD V. CITY OF BURLINGAME. SAN MATEO COUNTY SUPERIOR COURT CASE NO. 23-CIV-00519 City Attorney Guina stated that direction was given but no reportable action was taken. 1 5. ADJOURNMENT Mayor Brownrigg adjourned the meeting at 6:59 p.m. Agenda Item: 8a Meeting Date: March 6, 2023 Respectfully submitted, Meaghan Hassel -Shearer City Clerk 2 CITY 0 BV ER��LINGAME ��Hnt Eo J BURLINGAME CITY COUNCIL Unapproved Minutes Regular City Council Meeting on February 21, 2023 1. CALL TO ORDER Meeting Date: March 6, 2023 Agenda Item: 8b A duly noticed meeting of the Burlingame City Council was held on the above date via Zoom Webinar at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE TO THE FLAG The pledge of allegiance was led by Councilmember Stevenson. 3. ROLL CALL MEMBERS PRESENT: Beach, Brownrigg, Colson, Ortiz, Stevenson MEMBERS ABSENT: None 4. REPORT OUT FROM CLOSED SESSION a. CONFERENCE WITH LABOR NEGOTITAORS GOVERNMENT CODE SECTION 54957.6 CITY DESIGNATED REPRESENTATIVES: HUMAN RESOURCES DIRECTOR MARIA SAGUISAG-SID, CITY MANAGER LISA K. GOLDMAN, CITY ATTORNEY MICHAEL GUINA, CHIEF OF POLICE MICHAEL MATTEUCCI. TIMOTHY L. DAVIS ATTORNEY. FINANCE DIRECTOR HELEN YU-SCOTT EMPLOYEE ORGANIZATIONS: AFSCME AND TEAMSTERS City Attorney Guina stated that direction was given, but no reportable action was taken. b. CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION (GOVERNMENT CODE SECTION 54956.9(d)(1)) YES IN MY BACKYARD V. CITY OF BURLINGAME. SAN MATEO COUNTY SUPERIOR COURT CASE NO. `Ywv UIFITILs U City Attorney Guina stated that direction was given, but no reportable action was taken. 5. UPCOMING EVENTS 1 Meeting Date: March 6, 2023 Agenda Item: 8b Mayor Brownrigg reviewed upcoming events in the city. 6. PRESENTATIONS a. NAACP PRESENTATION IN HONOR OF BLACK HISTORY MONTH NAACP President for the San Mateo County Chapter Reverend Owens gave an overview of the organization's work in the community. She noted that the San Mateo County Chapter was founded in February 1926. Rev. Owens stated that anyone can join the NAACP and that the annual dues are $30. She stated that the website for the County's chapter is www.naacpsanmateo.org. She explained that the mission of the NAACP is to ensure the political, educational, social, and economical equality and rights of all persons and to eliminate racial hatred and racial discrimination. Rev. Owens discussed the committees that the San Mateo County Chapter has including education and health. She noted that this is where the work is done. She gave examples of different events or projects that they work on including educating the public on the safety of vaccines and getting information to the public about what is on their ballot. Rev. Owens discussed the Black History Museum that is open during Black History Month in Redwood City at 880 Jefferson Avenue. Rev. Owens discussed the NAACP San Mateo County Chapter's gala on March 12. She noted that this event helps raise money for educational events and scholarships. She stated that more information on this event is available at www.naacpsanmateo.org. The Council thanked Rev. Owens for her presentation. 7. PUBLIC COMMENTS. NON -AGENDA James discussed his concern about how the Council would accommodate for the planned growth. (comment submitted via publiccomment@burlingame.org). 8. APPROVAL OF CONSENT CALENDAR Mayor Brownrigg asked the Councilmembers and the public if they wished to remove any item from the Consent Calendar. Manito Velasco asked that item 8d be removed from the Consent Calendar. Councilmember Ortiz made a motion to adopt items 8a, 8b, 8c, 8e, and 8f; seconded by Councilmember Beach. The motion passed unanimously by roll call vote, 5-0. 2 Meeting Date: March 6, 2023 Agenda Item: 8b a. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR THE FEBRUARY 6, 2023 CLOSED SESSION City Clerk Hassel -Shearer requested Council approve the City Council Meeting Minutes for the February 6, 2023 Closed Session. b. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR THE FEBRUARY 6. 2023 REGULAR CITY COUNCIL MEETING City Clerk Hassel -Shearer requested Council approve the City Council Meeting Minutes for the February 6, 2023 Regular City Council Meeting. c. ADOPTION OF AN ORDINANCE AMENDING CHAPTER 9.04, "ANIMALS", OF TITLE 9 OF THE BURLINGAME MUNICIPAL CODE, REGARDING THE NUMBER OF ALLOWABLE CATS AND DOGS; CEQA DETERMINATION: EXEMPT PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15378. 15061(b)(3) City Attorney Guina requested Council adopt Ordinance Number 2015. d. ADOPTION OF A RESOLUTION AWARDING A S1.686.692.50 CONSTRUCTION CONTRACT TO INTERSTATE GRADING & PAVING, INC. FOR THE CALIFORNIA DRIVE BICYCLE FACILITY PROJECT, CITY PROJECT NO. 86230: AND APPROVING A S215.300 PROFESSIONAL SERVICES AGREEMENT WITH NICKITAS 7280 FOR CONSTRUCTION MANAGEMENT SERVICES RELATED TO THE PROJECT Manito Velasco voiced his concern regarding the planned California Drive Bicycle Facility Project. (comment submitted via publiccomment@burlingame.org). DPW Murtuza stated that staff has previously reviewed several of Mr. Velasco's concerns and has not found them to be issues needing resolution. He explained that this project will create a safe bike route in Burlingame. He added that staff went through an extensive process in 2021 that involved businesses, TSPC, the community, and Council. He noted that the public's comments were taken into consideration when putting together this project. Vice Mayor Colson asked if this constituent is often critical of the City's projects. DPW Murtuza replied that he appreciates the community's feedback, but he stated that it always seems to be a challenge with this constituent. Councilmember Stevenson asked if this project went through the various commissions. DPW Murtuza replied in the affirmative. Mayor Brownrigg asked if this project has materially changed since the last time it was presented. DPW Murtuza replied that it is the same plan that was presented to Council as option B. He added that the Meeting Date: March 6, 2023 Agenda Item: 8b project now includes island work, concrete work, and resurfacing that would be required to complete option B. Councilmember Beach thanked DPW Murtuza for his work on the project. Vice Mayor Colson made a motion to adopt Resolution Number 012-2023 and Resolution Number 013- 2023; seconded by Councilmember Ortiz. The motion was approved unanimously by roll call vote, 5-0. e. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND AND EXECUTE MEMORANDA OF UNDERSTANDING WITH THE BURLINGAME POLICE SERGEANTS ASSOCIATION AND THE BURLINGAME POLICE OFFICERS ASSOCIATION ON BEHALF OF THE CITY, AND APPROVE AN AMENDED SALARY SCEHDULE FOR MERIT CLASSIFICATIONS HR Director Saguisag-Sid requested Council adopt Resolution Number 014-2023. f. APPROVAL OF QUARTERLY INVESTMENT REPORT, PERIOD ENDING DECEMBER 31, 2022 Finance Director Yu -Scott requested Council approve of the quarterly investment report for the period ending December 31, 2022. 9. PUBLIC HEARINGS There were no public hearings. 10. STAFF REPORTS AND COMMUNICATIONS a. ANNUAL SUSTAINABILITY REPORT Sustainability Program Manager Sigalle Michael reviewed different topic areas in sustainability under the outline of: 1. 2022 achievement 2. Big idea for the coming year(s) 3. Small idea for the coming year(s) Sustainability Program Manager Michael began with energy. She stated that the major achievement in 2022 for energy was updating the building reach code. She explained that her big idea for this area was to adopt a burnout policy to replace gas appliances at the end of life with electric heat pumps for space and water heating. She added that her small idea is to adopt an amendment for kitchen/laundry renovations to install electric outlets as futureproofing. She noted that another small idea is to offer more support to residents on how to electrify their homes and how to get rebates. 4 Meeting Date: March 6, 2023 Agenda Item: 8b Sustainability Program Manager Michael next reviewed transportation. She stated that the major achievement in 2022 for transportation was that the City signed a contract to have a multi -jurisdictional electric bike share program. She explained that her big ideas for 2023 in this area are (1) to create an EV Charging Master Plan for City facilities and (2) limit gas landscaping equipment. She added that her small ideas for 2023 in this area are (1) fast EV charging stations at the Main Library and (2) update the leaf blower ordinance. Sustainability Program Manager Michael discussed the City's work in regard to EV infrastructure by reviewing the following slide: Year Total Public Total ZEV Total EVs in Total Total Total EV Stations Registrations City Fleet Charging Charging Charging (ports) (cumulative) Sessions: Sessions: Sessions: Broadway Caltrain and Highland (6, DCFC) City Hall (6, Garage (24, Level2) Level2) 2020 12 2,174 1,670 4,322 N/A 2021 36 3,729 3 2,669 5,764 N/A 2022 44 5,012 6 6,886 8,299 2,527(6 months) 2030 Goal 100 5,000 Sustainability Program Manager Michael next reviewed water. She stated that the major achievement in 2022 for water was to get a "Lawn be Gone" program running. She explained that her big idea for 2023 in this area is a water reclamation at the Wastewater Treatment Plant project. She added that her small idea for 2023 in this area is to support grey water and rain barrels in new construction. Sustainability Program Manager Michael discussed waste. She stated that her major achievement in 2022 for waste was SIB 1383 and the Disposable Foodware Ordinance going into effect. She explained that her big idea for 2023 in this area is a deconstruction policy for large renovations. She added that her small idea in this area is public composting bins in parks and downtown areas. Sustainability Program Manager Michael reviewed a list of the ongoing programs that she is coordinating with/working on including: • Peninsula Clean Energy • Bay Area Sunshares • Rebates • Induction Cooktop Loaner Program • Plastic Bag Recycling • Outreach 5 Meeting Date: March 6, 2023 Agenda Item: 8b Sustainability Program Manager Michael concluded her presentation by reviewing the City's Climate Action Plan: 2021 Action CAP Measure GHG Reduction by 2030 (MTCO20) Clean Energy: Measure 13 23,000 Peninsula Clean Energy, 100% GHG-free electricity Zero Waste: Measure 18 4,000 SB1383 EV Infrastructure: Measure 6 29 Highland Garage EV Stations Green Building: Measures 11, 12, 14, 15 4,000 Reach Code Councilmember Ortiz thanked Sustainability Program Manager Michael for all her ideas. He stated that if the City decides to act on the burnout policy of requiring residents to replace their gas appliances at the end of life with electric heat pumps, it should be done with incentives not mandates. He added that he is happy to see that the utilization of EV charging stations is increasing! He noted that he is intrigued by the idea of installing rain barrels in new developments. Councilmember Beach stated that she likes the idea of creating incentives over mandates to encourage residents to electrify. She added that she likes the idea of an EV Charging Master Plan and water reclamation at the wastewater treatment plant. Vice Mayor Colson stated that the City has set lofty goals in the Climate Action Plan, and the Sustainability Program Manager is showing data on how the City is meeting these goals. She explained that she liked the idea of a deconstruction policy and would like to see more incentives over mandates to get residents involved in electrification. Councilmember Stevenson stated that he thought education would be important in moving forward with several of the ideas. Mayor Brownrigg stated that he wants to ensure that the City conducts proper outreach about electrification. He noted that it had been a major conversation on NextDoor and other social media platforms whether it was being mandated by the State, City, or was a voluntary process. He discussed future proofing new buildings to create space for compost bins and recycling. Mayor Brownrigg opened the item up for public comment. N. Meeting Date: March 6, 2023 Agenda Item: 8b Doug Bojack discussed the importance of teaching the public to drive less and utilize public transportation in order to help reduce the City's GHG emissions. (comment submitted via publiccomment@burlingame.org). Mayor Brownrigg closed public comment. Vice Mayor Colson discussed the importance for education on solar panels and battery back-ups. The Council thanked Sustainability Program Manager Michael for her report. 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Council reviewed their committee appointments. 12. FUTURE AGENDA ITEMS Councilmember Stevenson asked for a computer/tech policy for Council to be agendized. Council agreed. 13. ACKNOWLEDGMENTS The agendas, packets, and meeting minutes for the Planning Commission, Traffic, Safety & Parking Commission, Beautification Commission, Parks & Recreation Commission, and Library Board of Trustees are available online at www.burlingame.org. 14. ADJOURNMENT Mayor Brownrigg adjourned the meeting at 8:34 p.m. Respectfully submitted, Meaghan Hassel -Shearer City Clerk 7 STAFF REPORT Honorable Mayor and City Council March 6, 2023 AGENDA NO: 8c MEETING DATE: March 6, 2023 Margaret Glomstad, Parks and Recreation Director — (650) 558-7307 Subject: Adoption of a Resolution Accepting the Anson Burlingame Public Art Proiect No. 86090 in the Amount of $210,000 RECOMMENDATION Staff recommends that the City Council adopt the attached resolution accepting the Anson Burlingame Public Art Project No. 86090 in the amount of $210,000. BACKGROUND On April 20, 2020, the City Council executed an agreement with Fung Collaboratives for the Public Art Project to honor Anson Burlingame. The Anson Burlingame Public Art Project was intended to create a timeless artwork that commemorates the values and spirit of Anson Burlingame (as opposed to the man himself) and evokes a sense of place making within the community while engaging the history and culture of Burlingame and embracing both aesthetics and content. The location of the artwork is in Washington Park along the pathway from the corner of North Lane and Carolan Avenue to Burlingame High School. DISCUSSION The project has been satisfactorily completed in compliance with the plans and specifications. The Burlingame Parks and Recreation Foundation paid for the final design, fabrication, and installation cost of $210,000 using funds from four community donors. FISCAL IMPACT The following are the final project expenditures. Artist $26,666 Fung Collaboratives Management $48,333 Site and Preparation Work $28,952 Materials, Fabrication, & Installation $105,000 Permit Fees $1,049 Total $210,000 1 Resolution Accepting Anson Burlingame Public Art, Project No. 86090 March 6, 2023 Exhibit: Resolution RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME ACCEPTING THE ANSON BURLINGAME PUBLIC ART PROJECT, CITY PROJECT NO. 86090, IN THE AMOUNT OF $210,000 WHEREAS, on April 20, 2020, the City Council executed a $210,000 agreement with Fung Collaboratives for the Public Art Project to honor Anson Burlingame; and WHEREAS, the project has been satisfactorily completed in compliance with the plans and specifications; and WHEREAS, the final design, fabrication, and installation cost was $210,000; and WHEREAS, the Burlingame Parks and Recreation Foundation raised the necessary funds to pay for the project from four donors. NOW, THEREFORE, BE IT RESOLVED by the CITY COUNCIL of the City of Burlingame, California, which finds, orders and determines as follows: 1. The Director of Parks and Recreation of the City of Burlingame has certified the work under the terms of the Fung Collaboratives contract with the City dated October 4, 2021, has been completed in accordance with the plans and specifications approved by the City Council and to the satisfaction of the Director of Parks and Recreation. 2. Said work is particularly described as City Project No. 86090, in the amount of $210,000. 3. Said work is accepted. Michael Brownrigg, Mayor I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 6th day of March, 2023, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Meaghan Hassel -Shearer, City Clerk A iix& BURLINGAME AGENDA NO: 8d STAFF REPORT MEETING DATE: March 6, 2023 To: Honorable Mayor and City Council Date: March 6, 2023 From: Syed Murtuza, Director of Public Works — (650) 558-7230 Weizhi Cheng, Associate Engineer — (650) 558-7258 Subject: Adoption of a Resolution Adopting the 2019 San Francisco Bay Area Integrated Regional Water Management Plan; CEQA Determination: Exempt from CEQA Pursuant to Public Resources Code Section 21065 RECOMMENDATION Staff recommends that the City Council adopt the attached resolution adopting the 2019 San Francisco Bay Area Integrated Regional Water Management Plan (BAIRWMP) in order to receive awarded grant funding for the Advanced Metering Infrastructure (AMI) Upgrade and Customer Engagement Project for the City's Water Utility System. BACKGROUND The development of the BAIRWMP was in response to the 2002 Regional Water Management Planning Act (SB 1672), which has since resulted in over $1.5 billion in state funding to support and advance water management projects that meet the program's goals. The BAIRWMP was first developed in 2006 and was most recently updated in 2019. Grant funding is only provided for projects included in an adopted Integrated Regional Water Management Plan (IRWMP). In order to be eligible for the Department of Water Resources (DWR) IRWMP Grant Program, a local agency is required to adopt the regional IRWMP. The BAIRWMP is available online, and its link is included under the exhibits section of this report. The BAIRWMP is a Bay Area regional effort to coordinate and improve water supply reliability, protect water quality, promote water conservation, address wastewater treatment and discharge, address recycled water and distribution, manage flood protection, maintain public health standards, protect habitat and watershed resources, and enhance the overall health of the San Francisco Bay. The IRWMP provides a general strategy for coordination and management of regional water resources. Adoption of the plan encourages the participating agency to implement projects that align with the program's goals and strategies, such as subscribing to water efficient technologies and implementing projects to conserve water. The program provides funding for projects that meet the program goals on a competitive basis. The implementation of each project will be the responsibility of the project proponent and any applicable project partners. There is no commitment or responsibility by the BAIRWMP participants to implement any or all of the projects. 1 Resolution Adopting the 2019 San Francisco Bay Area Integrated Regional Water Management Plan March 6, 2023 DISCUSSION The BAIRWMP Coordinating Committee recently completed the solicitation for Proposition 1 IRWMP Round 2 Implementation Funding for a total amount of $25,714,479. The IRWMP Implementation Grant Program provides funding for implementation projects that meet the intent of Proposition 1, Chapter 7. In October, staff submitted a grant application for the AMI Project for the City's Water Utility System. The City's Project was identified as an eligible project for the grant. The implementation of AMI will allow water customers and City staff to read and collect water consumption/usage data remotely and in real time through an AMI web portal. It provides multiple benefits such as promoting water usage awareness, leak detection, and water conservation; improving operation and billing efficiency; and reducing energy and greenhouse gas emissions. The project scope consists of design and installation of the AMI network by a third -party vendor, installation of water meter endpoints by City staff, integration with the City's billing system by a third -party vendor, and a public outreach program. The project is estimated to cost approximately $2,018,465. The grant application for the AMI project was submitted to the BAIRWMP Coordinating Committee on October 10, 2022. On December 14, 2022, the AMI project was selected and recommended to receive the full requested grant amount of $1,009,232.22. On January 24, 2023, the Coordinating Committee notified the City that the required 50% cost matching is covered by other state funding sources in the program. Therefore, the City will receive $2,018,465 in total grant funding, covering 100% of the Project cost. A resolution adopting the BAIRWMP is required to be submitted to the DWR for final approval. The City Council's adoption of the 2019 BAIRWMP is not subject to review under the California Environmental Quality Act since receiving this report will have no foreseeable direct or indirect physical change in the environment and therefore does not meet the definition of a Project under Public Resources Code 21065. FISCAL IMPACT Adoption of the BAIRWMP will make the City eligible to receive $$2,018,465 in grant funding under the DWR IRWMP Grant Program to fully fund the AMI project for City's Water Utility. ENVIRONMENTAL REVIEW The proposed resolution is not subject to CEQA pursuant to Public Resources Code section 21065, since adoption of the resolution is not reasonably foreseeable to have a direct or indirect physical change in the environment. Exhibits: • Resolution • Bay Area Integrated Regional Water Management Plan 2019 Update 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME ADOPTING THE 2019 SAN FRANCISCO BAY AREA INTEGRATED REGIONAL WATER MANAGEMENT PLAN; CEQA DETERMINATION: EXEMPT FROM CEQA PURSUANT TO PUBLIC RESOURCES CODE SECTION 21065 The City Council (the "Council") of the City of Burlingame (the "City") resolves as follows: WHEREAS, the State electorate has approved multiple statewide bond measures since 2000, including Propositions 50, 84, and 1, to fund water and natural resource projects and programs, including the Integrated Regional Water Management Plan (IRWMP); and WHEREAS, the benefits of integrated planning for water resources management activities include increased efficiency or effectiveness, enhanced collaboration across agencies and stakeholders, and improved responsiveness to regional needs and priorities; and WHEREAS, state statute and guidelines require that an IRWMP be adopted by the governing boards of participating agencies before IRWMP grant funds can be provided for water resources management projects that are part of the IRWMP; and WHEREAS, more recent state statutes and guidelines require that the Bay Area IRWMP be updated before agencies may receive future IRWMP grant funding; and WHEREAS, the Bay Area IRWMP, most recently updated in October 2019, provides an implementation framework for tracking accomplishments, developing lists of prioritized projects, and periodically updating the Bay Area IRWMP as conditions warrant, providing funding and resources to carry out these activities; and WHEREAS, adoption of the plan encourages the participating agency to implement projects that align with the program's goals and strategies, such as subscribing to water efficient technologies to conserve water; and WHEREAS, the program provides funding for projects that meet the program goals on a competitive basis, and the implementation of each project will be the responsibility of the project proponent and any applicable project partners; and WHEREAS, the IRWMP is meant to be complementary to participating agencies' individual plans and programs and does not supersede such plans and programs; adoption of the IRWM Plan does not prohibit or affect in any way a participating agencies' planning efforts separate from the IRWMP. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME RESOLVES AND ORDERS AS FOLLOWS: 1. The Council approves the adoption of the 2019 Bay Area Integrated Regional Water Management Plan, which can be viewed online here: http://baVareairwmp.org/irwm- Ip ans/. 2. The adoption of this resolution does not meet the definition of a "project" under the California Environmental Quality Act (CEQA), under to Public Resources Code Section 21065, so environmental review is not required. Environmental review of future projects developed as part of the Plan will be completed, as needed, prior to implementation. Michael Brownrigg, Mayor I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame, certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 61" day of March, 2023 and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Meaghan Hassel -Shearer, City Clerk BURLINGAME To: Date: From: STAFF REPORT Honorable Mayor and City Council March 6, 2023 AGENDA NO: 8e MEETING DATE: March 6, 2023 Margaret Glomstad, Parks and Recreation Director — (650) 558-7307 Subject: Adoption of a Resolution Authorizing the City Manager to Negotiate and Execute a Lease Agreement Between the City of Burlingame and Gabriel's Mexican Restaurant for the Use of the Murray Field Club House RECOMMENDATION Staff recommends that the City Council adopt a Resolution authorizing the City Manager to negotiate and execute a lease in the form of the attached exhibit between the City and Gabriel's Mexican Restaurant. BACKGROUND VB Golf II leased the City -owned Golf Center at 250 Anza Road from 1999 until the end of 2022. Gabriel's Mexican Restaurant operated as a sublessee to VB Golf II from 2015 until the end of 2022. Recently, the VB Golf II lease was terminated to allow for the construction and operation of a Topgolf facility. The Topgolf lease does not impact the Murray Field Club House. DISCUSSION To continue to generate income from the Club House and provide refreshments to the community, the City has negotiated a one-year lease with Gabriel's Mexican Restaurant with the option to extend for up to four additional one-year terms. If both parties exercise all extensions, then the lease will be for five years. FISCAL IMPACT The monthly lease payment increases incrementally over the first two years to $2,500 per month, with annual Consumer Price Index increases starting in year three. Exhibits: • Resolution • Lease Agreement 1 RESOLUTION NO. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF BURLINGAME AND GABRIEL'S MEXICAN RESTAURANT FOR THE USE OF THE MURRAY FIELD CLUB HOUSE WHEREAS, Gabriel's Mexican Restaurant has operated at the Murray Field Club House since 2015 under a sublease from VB Golf II; and WHEREAS, the City is interested in retaining the restaurant in the Murray Field Club House as a community benefit; and WHEREAS, the City has negotiated a lease with Gabriel's Mexican Restaurant for a term of up to five (5) years, if the extensions are exercised; and WHEREAS, the City will receive a monthly lease payment that will increase incrementally over the first two years and, thereafter, be increased by the Consumer Price Index annually. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF BURLINGAME AS FOLLOWS: 1. The City Council hereby approves the lease agreement, in the form attached hereto, between the City and Gabriel's Mexican Restaurant for the use of the Murray Field Club House. 2. The City Manager is hereby authorized to execute the lease agreement between the City and Gabriel's Mexican Restaurant and make minor amendments as necessary. Michael Brownrigg, Mayor I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the 6th day of March 2023 and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Meaghan Hassel -Shearer, City Clerk BASIC LEASE INFORMATION LEASE DATE: TENANT: TENANT ADDRESS: TENANT'S BILLING ADDRESS: PHONE NUMBER: LANDLORD: March 1, 2023 Gabriel's Mexican Restaurant 250 Anza Blvd. Burlingame, CA 94010 29 Lorton Apt 6 Burlingame, CA 94010 (415) 699-9852 City of Burlingame, a municipal corporation LANDLORD'S NOTICE ADDRESS: City Manager City of Burlingame City Hall 501 Primrose Rd. Burlingame, CA 94010 LANDLORD'S PAYMENT ADDRESS: LANDLORD CONTACT: City of Burlingame Finance Department 501 Primrose Rd. Burlingame, CA 94010 Margaret Glomstad Burlingame Parks and Recreation Director 850 Burlingame Ave. Burlingame, CA 94010 (650) 558-7300 recreation@burlingame.org Building Description: The Building located at 250 Anza Blvd. consisting of 420 square feet, described in Exhibit A-1 and depicted on Exhibit A-2. Permitted Use: Retail use, including full service restaurant and other lawful retail uses, except as may be prohibited or restricted by the Lease (See Section 4.2) or the Prohibited and Restricted Uses in Exhibit D. Tenant's Business/Trade Name: Gabriel's Mexican Grill Commencement Date: Term (in years): 1-year, with the option to extend for four (4) additional one (1) year terms (resulting in a potential period of 5 years total) Expiration Date: RENT: Base Rent: Months 0-6 - $1,250 per month plus $200 per month for PGE Months 7-12 - $1,500 per month plus $200 per month for PGE Months 13-18 - $2,000 per month plus monthly PGE expense Months 18-24 - $2,500 per month plus monthly PGE expense All other increases following month 24 are subject to adjustment as provided in Section 6.1A hereof, from most recent charged rent. Security Deposit: $10,000 The foregoing Basic Lease Information is incorporated into and made a part of this Lease. Each reference in this Lease to any of the Basic Lease Information shall mean the respective information above and shall be construed to incorporate all of the terms provided under the particular Lease paragraph pertaining to such information. In the event of any conflict between the Basic Lease Information and the Lease, the latter shall control. LANDLORD City of Burlingame, a municipal corporation By: By: Its: Its: Date: Date: TENANT TABLE OF CONTENTS Page 1.PREMISES.................................................................................................................................... 1 2.POSSESSION AND LEASE COMMENCEMENT.................................................................... l 3.TERM......................................................................................................................................... 2-3 4.USE........................................................................................................................................... 3-4 5.RULES AND REGULATIONS................................................................................................... 6 6.RENT........................................................................................................................................... 6 7.OPERATING EXPENSES........................................................................................................... 7 &INSURANCE AND INDEMNIFICATION................................................................................ 7 9.WAIVER OF SUBROGATION................................................................................................. 9 10.RESERVED........................................................................................................................ 10 I LTENANT'S REPAIRS AND MAINTENANCE.....................................................................10 12.ALTERATIONS...................................................................................................................... l l 13.SIGNS...................................................................................................................................... 12 14.TENANT'S SIGNS, AWNINGS AND CANOPIES.......................................................... 12-13 15.INSPECTION/POSTING NOTICES...................................................................................... 13 16.SERVICES AND UTILITIES.................................................................................................. 14 17.SUBORDINATION................................................................................................................ 15 18.FINANCIAL STATEMENTS................................................................................................ 16 19.ESTOPPEL CERTIFICATE................................................................................................... 16 20.SECURITY DEPOSIT....................................................................................................... 16-17 21.LIMITATION OF TENANT'S REMEDIES............................................................................ 17 22.CONSENT OF LANDLORD AND TENANT....................................................................... 17 23.ASSIGNMENT AND SUBLETTING.................................................................................... 17 24.AUTHORITY........................................................................................................................... 19 25.CONDEMNATION................................................................................................................. 19 26.CASUALTY DAMAGE......................................................................................................... 20 27.11OLDING OVER.................................................................................................................... 21 28.DEFAULT........................................................................................................................... 21-22 29.LIENS...................................................................................................................................... 24 30.RESERVED........................................................................................................................... 25 3 LTRANSFERS BY LANDLORD............................................................................................. 25 32.RIGHT OF LANDLORD TO PERFORM TENANT'S COVENANTS.................................25 33.WA1VER.................................................................................................................................. 25 34.NOTICES................................................................................................................................. 25 35.ATTORNEYS' FEES............................................................................................................... 26 36.SUCCESSORS AND ASSIGNS.............................................................................................. 26 37.FORCE MAJEURE.................................................................................................................. 26 38.SURRENDER OF PREMISES............................................................................................... 27 39.PARKING................................................................................................................................ 27 40.CONTINUOUS OPERATION................................................................................................ 27 41.MIS CELLANEOUS................................................................................................................. 28 42.ADDITIONAL PROVISIONS................................................................................................. 29 43.GOVERNING LAW; WAIVER OF TRIAL BY JURY ........................................................ 30 44.ARBITRATION OF DISPUTES............................................................................................ 30 TABLE OF CONTENTS (Continued) Exhibits: Page Exhibit A-1 ... Premises Description/Floor Plan........................................................................ 33 Exhibit A-2 ... Building Site Plan.............................................................................................. 34 Exhibit B... Rules and Regulations........................................................................................ 34-36 ExhibitC... Tenant Work........................................................................................................... 37 Exhibit D ... Prohibited and Restricted Use................................................................................ 38 ExhibitE ... Guarantor............................................................................................................. 39 LEASE THIS LEASE is made as of the day of , 2023, by and between CITY OF BURLINGAME, a municipal corporation (hereinafter called "Landlord"), and Gabriel's Mexican Grill, a (hereinafter called "Tenant"). 1. PREMISES. 1.1 Landlord leases to Tenant and Tenant leases from Landlord, upon the terms and conditions hereinafter set forth, those premises (the "Premises") depicted on Exhibit A-1. The Premises shall be all or part of a building (the "Building") as described in the Basic Lease Information. The Building is shown on Exhibit A-2. Landlord and Tenant acknowledge that physical changes may occur from time to time in the Premises or Building, and that the number of buildings and additional facilities which constitute the leased property may change from time to time, which may result in an adjustment in Tenant's Proportionate Share, as defined in the Basic Lease Information, as provided in Section 7.1. 2. POSSESSION AND LEASE COMMENCEMENT. 2.1 Existing Improvements. If this Lease pertains to Premises in which the interior improvements have already been constructed ("Existing Improvements"), the provisions of this Section 2.1 shall apply and the term commencement date ("Commencement Date") shall be the earlier of the date on which: (1) Tenant takes possession of some or all of the Premises under this Lease Agreement; or (2) Landlord notifies Tenant that Tenant may occupy the Premises. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the scheduled Commencement Date, Landlord shall not be subject to any liability therefor, nor shall Landlord be in default hereunder nor shall such failure affect the validity of this Lease, and Tenant agrees to accept possession of the Premises at such time as Landlord is able to deliver the same, which date shall then be deemed the Commencement Date. Tenant shall not be liable for any Rent (defined below) for any period prior to the Commencement Date. Tenant's taking of possession of the Premises or any part thereof shall constitute Tenant's acceptance of the Building. Tenant acknowledges that Tenant has inspected and accepts the Premises in their present condition, "as is," and as suitable for, the Permitted Use (as defined below), and for Tenant's intended operations in the Premises. Tenant agrees that the Premises and other improvements are in good and satisfactory condition as of when possession was taken. Tenant further acknowledges that no representations as to the condition or repair of the Premises nor promises to alter, remodel or improve the Premises have been made by Landlord or any agents of Landlord unless such are expressly set forth in this Lease. If for any reason Landlord cannot deliver possession of the Premises to Tenant within 30 days of the execution of this Lease, Landlord shall not be subject to any liability therefor, nor shall Landlord be in default hereunder nor shall such failure affect the validity of this Lease, and Tenant agrees to accept possession of the Premises at such time as possession is provided, which date shall then be deemed the Commencement Date. Tenant shall not be liable for any Rent for any period prior to the Rent Commencement Date, which shall be delayed day for day for each day Landlord does not deliver possession of the Premises. Upon Landlord's request, Tenant shall promptly execute and return to Landlord a "Start -Up Letter" in which Tenant shall agree, among other things, to acceptance of the Premises and to the determination of the Commencement Date, in accordance with the terms of this Lease, but Tenant's failure or refusal to do so shall not negate Tenant's acceptance of the Premises or affect determination of the Commencement Date. 2.2 Construction of Improvements. If this Lease pertains to a Building to be constructed or improvements to be constructed within a Building, the provisions of this Section 2.2 shall apply in lieu of the provisions of Section 2.1 above and the term commencement date ("Commencement Date") shall be the earlier of the date on which: (1) Tenant takes possession of some or all of the Premises; or (2) the improvements to be constructed or performed in the Premises by Landlord (if any) shall have been substantially completed in accordance with the plans and specifications, if any. Tenant's taking of possession of the Premises or any part thereof shall constitute Tenant's confirmation of substantial completion for all purposes hereof, whether or not substantial completion of the Building shall have occurred. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the scheduled Commencement Date, Landlord shall not be subject to any liability therefor, nor shall Landlord be in default hereunder nor shall such failure affect the validity of this Lease, and Tenant agrees to accept possession of the Premises at such time as such improvements have been substantially completed, which date shall then be deemed the Commencement Date. Tenant shall not be liable for any Rent for any period prior to the Commencement Date (but without affecting any obligations of Tenant under any improvement agreement appended to this Lease). In the event of any dispute as to substantial completion of work performed or required to be performed by Landlord, the certificate of Landlord's architect or general contractor shall be conclusive. Substantial completion shall have occurred notwithstanding Tenant's submission of a punchlist to Landlord, which Tenant shall submit, if at all, within three (3) business days after the Commencement Date or otherwise in accordance with any improvement agreement appended to this Lease. Upon Landlord's request, Tenant shall promptly execute and return to Landlord a "Start -Up Letter" in which Tenant shall agree, among other things, to acceptance of the Premises and to the determination of the Commencement Date, in accordance with the terms of this Lease, but Tenant's failure or refusal to do so shall not negate Tenant's acceptance of the Premises or affect determination of the Commencement Date. 2.3 Occupancy under a Prior Lease. If this Lease pertains to a Building in which Tenant has been in occupancy under a prior Lease, the provisions of this Section 2.3 shall apply in lieu of the provisions of Section 2.1 or 2.2 above. Tenant has been in occupancy in the Premises under the Lease dated August 26, 2015 with VB Golf, LLC and with the City of Burlingame dated December 21, 2022, as amended, between City of Burlingame (the "Prior Lease"). This Lease shall supersede and replace the prior Lease between Tenant and Landlord and their predecessors in interest, if any, except as such obligation s expressly survive. The Premises shall be those that are in place as of the date this Lease is executed ("Existing Improvements"), subject to Tenant's Work as defined in Section 11.3 and the Tenant Improvements defined in Section 12.1. The term commencement date ("Commencement Date") shall be the date shown in the Basic Lease Information. Tenant acknowledges that due to Tenant's prior occupancy, Tenant is very familiar with and knowledgeable of the Premises and Building, has had ample time to inspect and or investigate the condition of same, and accepts the Premises in their present condition, "as is," and as suitable for, the Permitted Use (as defined below), and for Tenant's intended operations in the Premises. Tenant agrees that the Premises and other improvements are in good and satisfactory condition as of the Commencement Date. Tenant further acknowledges that no representations as to the condition or repair of the Premises nor promises to alter, remodel or improve the Premises have been made by Landlord or any agents of Landlord unless such are expressly set forth in this Lease. Upon Landlord's request, Tenant shall promptly execute and return to Landlord a "Start - Up Letter" in which Tenant shall agree, among other things, to acceptance of the Premises and to the determination of the Commencement Date, in accordance with the terms of this Lease, but Tenant's failure or refusal to do so shall not negate Tenant's acceptance of the Premises or affect determination of the Commencement Date. 3. TERM. 3.1 Term. The term of this Lease (the "Term") shall commence on the Commencement Date and continue in full force and effect for the number of months or years specified as the Length of Term in the Basic Lease Information or until this Lease is terminated as otherwise provided herein. If the Commencement Date is a date other than the first day of the calendar month, the Term shall be the number of months or years of the Length of Term in addition to the remainder of the calendar month following the Commencement Date. 3.2 Option to Extend. Landlord hereby grants to Tenant the right and option (the "Option") to extend the term of this Lease, for the Premises in "as is" condition, for four (4) additional terms of 1 year (the "Option Term"). Provided Tenant is not at the time of exercise and has not been in default under the Lease more than twice during the 24 months prior to the Option exercise, even if such default is cured, Tenant may exercise the Option by sending written notice to Landlord ("Exercise Notice") no more than twelve months but no less than three months prior to the expiration of the Lease Term. If Tenant fails to provide such notice, Tenant shall have no further or additional right to extend or renew the term of this Lease. If Tenant is in default on the date the Option Term is to commence beyond all applicable notice and cure periods, at Landlord's option, the Option Term shall not commence and this Lease shall expire at the end of the Lease Term as described in Section 3.1 above. This Option to Extend is personal to Tenant and may not be exercised by any assignee or subtenant. Any exercise by Tenant of any option to renew under this Section shall be irrevocable. If requested by Landlord, Tenant agrees to execute a lease amendment or, at Landlord's option, a new lease agreement on Landlord's then standard lease form for the Building, reflecting the forgoing terms and conditions, prior to the commencement of the renewal term. [ Minimum Rent for the first year of the Option Term shall be the Minimum Rent for the last month of the Lease Term increased by 100% of the percentage of increase, if any, shown by the Consumer Price Index, as determined by the U.S. Bureau of Labor Statistics for all Urban Consumers for the San Francisco/Oakland/San Jose Metropolitan Areas (" Index"), for the month immediately preceding the date on which the Option Term begins (" Option Term Commencement Date") as compared with the Index for the same month in the immediately preceding calendar year. Beginning on the first anniversary of the Option Term Commencement Date and on each successive anniversary thereafter during the Option Term ("Adjustment Date"), Base Rent shall be increased by 100% of the percentage of increase, if any, shown by the most recent published Index immediately preceding the Adjustment Date as compared with the Index for the same month in the immediately preceding calendar year. In no event shall option rent be less than Minimum Rent in effect at end of previous term. Landlord shall calculate the amount of this increase in Base Rent after the United States Department of Labor publishes the statistics on which the amount of the increase will be based. Landlord shall give written notice of the amount of the increase at least 10 days prior to the Option Term Commencement Date or, for subsequent years in the Option Term, at least 10 days prior to the Adjustment Date. Tenant shall pay this amount, together with the monthly rent next becoming due under this Lease, and shall thereafter pay the monthly rent due under this Lease at this increased rate, which shall constitute Base Rent. Landlord's failure to make the required calculations promptly shall not be considered a waiver of Landlord's rights to adjust the monthly Base Rent due, nor shall it affect Tenant's obligations to pay the increased Base Rent. If the Index is changed so that the base year differs from that in effect on the Lease Commencement Date, the Index shall be converted in accordance with the conversion factor published by the United States Department of Labor, Bureau of Labor Statistics. If the Index is discontinued or revised during the Lease Term, the government index or computation with which it is replaced shall be used to obtain substantially the same result as if the Index had not been discontinued or revised.] 4. USE. 4.1 General. Tenant shall use the Premises for the permitted use specified in the Basic Lease Information ("Permitted Use") and for no other use or purpose. So long as Tenant is occupying the Premises, Tenant and Tenant's employees, agents, customers, visitors, invitees, licensees, contractors, assignees and subtenants (collectively, "Tenant's Parties") shall have the nonexclusive right to use, in common with other parties occupying the Building, the driveways and other Common Area of the Premises, subject to the terms of this Lease and such rules and regulations as Landlord may from time to time prescribe. 4.2 Limitations. Tenant shall not permit any odors, smoke, dust, gas, substances, noise or vibrations to emanate from the Premises as a result of Tenant's or any Tenant's Party's use thereof, nor take any action which would constitute a nuisance or would disturb, obstruct or endanger any other tenants or occupants of the Building or elsewhere. Tenant shall not use or allow the Premises to be used for any immoral, improper or unlawful purpose, nor shall Tenant cause or maintain or permit any nuisance in, on or about the Premises. Tenant shall not commit or suffer the commission of any waste in, on or about the Premises. Tenant shall not place any loads upon the floors, walls or ceilings which could endanger the structure, or place any harmful substances in the drainage system of the Building. No waste, materials or refuse shall be dumped upon or permitted to remain outside the Premises. Tenant shall not permit any uses as described in Exhibit D, Prohibited and Restricted Uses. Landlord shall not be responsible to Tenant for the non-compliance by any other tenant or occupant of the Building with any of the above -referenced rules or any other terms or provisions of such tenant's or occupant's lease or other contract. 4.3 Compliance with Regulations. By entering the Premises, Tenant accepts the Premises and Building in the condition existing as of the date of such entry. Tenant agrees that if, as a consequence of Landlord's ownership (or ownership of an interest) in the Building or the use of Landlord's funds in connection with any construction project on the Premises and/or Building, any legal requirements applicable to construction projects (a) undertaken by California cities, or (b) supported by City funds (including, but not limited to, competitive bidding requirements, prevailing wage requirements, and public works bonding requirements) are triggered, Tenant shall cause all such requirements to be fully complied with at Tenant's sole cost and expense. Any failure by Tenant to cause all such applicable requirements to be fully complied with shall be a material breach of this Lease. Tenant shall at its sole cost and expense strictly comply with all existing or future applicable municipal, state and federal and other governmental statutes, rules, requirements, regulations, laws and ordinances, including zoning ordinances and regulations, and covenants, easements and restrictions of record governing and relating to the use, occupancy or possession of the Premises, or to the use, storage, generation or disposal of Hazardous Materials (hereinafter defined) (collectively "Regulations"). Tenant agrees to comply with all Regulations pertaining to prevailing wage, competitive bidding and public bonding requirements at its sole cost and expense which may be triggered due to this Lease. Tenant shall at its sole cost and expense obtain any and all licenses or permits necessary for Tenant's use of the Premises. Tenant shall at its sole cost and expense promptly comply with the requirements of any board of fire underwriters or other similar body now or hereafter constituted. Tenant shall not do or permit anything to be done in, on, under or about the Premises or bring or keep anything which will in any way increase the rate of any insurance upon the Premises or Building or upon any contents therein or cause a cancellation of said insurance or otherwise affect said insurance in any manner. Tenant shall indemnify, defend (by counsel reasonably acceptable to Landlord), protect and hold Landlord harmless from and against any loss, cost, expense, damage, attorneys' fees or liability arising out of the failure of Tenant to comply with any Regulation. Tenant's obligations pursuant to the foregoing indemnity shall survive the expiration or earlier termination of this Lease. 4.4 Hazardous Materials. As used in this Lease, "Hazardous Materials" shall include, but not be limited to, hazardous, toxic and radioactive materials and those substances defined as "hazardous substances," "hazardous materials," "hazardous wastes," "toxic substances," or other similar designations in any Regulation. Tenant shall not cause, or allow any of Tenant's Parties to cause, any Hazardous Materials to be handled, used, generated, stored, released or disposed of in, on, under or about the Premises, the Building or surrounding land or environment in violation of any Regulations. Tenant must obtain Landlord's written consent prior to the introduction of any Hazardous Materials onto the Premises and/or Building. Notwithstanding the foregoing, Tenant may handle, store, use and dispose of products containing small quantities of Hazardous Materials for "general office purposes" (such as toner for copiers) to the extent customary and necessary for the Permitted Use of the Premises; provided that Tenant shall always handle, store, use, and dispose of any such Hazardous Materials in a safe and lawful manner and never allow such Hazardous Materials to contaminate the Premises, Building, or surrounding land or environment. Tenant shall immediately notify Landlord in writing of any Hazardous Materials' contamination of any portion of the premises of which Tenant becomes aware, whether or not caused by Tenant. Landlord shall have the right at all reasonable times and if Landlord determines in good faith that Tenant may not be in compliance with this Section 4.4 to inspect the Premises and to conduct tests and investigations to determine whether Tenant is in compliance with the foregoing provisions, the costs of all such inspections, tests and investigations to be borne by Tenant. Tenant shall indemnify, defend (by counsel reasonably acceptable to Landlord), protect and hold Landlord harmless from and against any and all claims, liabilities, losses, costs, loss of rents, liens, damages, injuries or expenses (including attorneys' and consultants' fees and court costs), demands, causes of action, or judgments directly or indirectly arising out of or related to the use, generation, storage, release, or disposal of Hazardous Materials by Tenant or any of Tenant's Parties in, on, under or about the Premises, the Building or surrounding land or environment, which indemnity shall include, without limitation, damages for personal or bodily injury, property damage, damage to the environment or natural resources occurring on or off the Premises, losses attributable to diminution in value or adverse effects on marketability, the cost of any investigation, monitoring, government oversight, repair, removal, remediation, restoration, abatement, and disposal, and the preparation of any closure or other required plans, whether such action is required or necessary prior to or following the expiration or earlier termination of this Lease. Neither the consent by Landlord to the use, generation, storage, release or disposal of Hazardous Materials nor the strict compliance by Tenant with all laws pertaining to Hazardous Materials shall excuse Tenant from Tenant's obligation of indemnification pursuant to this Section 4.4. Tenant's obligations pursuant to the foregoing indemnity shall survive the expiration or earlier termination of this Lease. 4.5 Restricted Uses. Tenant shall warehouse, store and/or stock in the Premises only such goods, wares and merchandise as Tenant intends to offer for retail sale or use in preparation of goods or food items or services for sale at, in, from or upon the Premises. This shall not preclude occasional emergency transfers of merchandise to the other stores of Tenant, if any, not located in the City. Tenant shall use for office, clerical or other non -selling purposes only such limited space in the Premises as is, from time to time, reasonably required for Tenant's business in the Premises. No auction, "fire," bankruptcy or sidewalk sales may be conducted in or upon the Premises without Landlord's prior written consent. 4.6 Refuse and Sewage. Tenant agrees not to keep any trash, garbage, waste or other refuse on the Premises, except in sanitary containers and agrees to regularly and frequently remove same from the Premises. Tenant shall keep all containers or other equipment used for storage of such materials in a clean and sanitary condition. Tenant shall properly dispose of all sanitary sewage and shall not use the sewage disposal system for the disposal of anything except sanitary sewage. Tenant shall keep the sewage disposal system free of all obstructions and in good operating condition. Tenant shall separately contract and pay directly for its trash disposal services. 4.7 Right to Close. In addition to any powers Landlord has or may have in the future, including but not limited to any powers due to its governmental capacities, Landlord shall have the right to require the temporary closure of Premises if, in Landlord's sole judgment and opinion, crowd control, weather conditions or other conditions so mandate. Nothing in this provision shall be deemed as limiting in any manner the City's regulatory authority to close Premises. 4.8 City Municipal Powers. The Landlord is entering into this Lease in its proprietary capacity, and not in its regulatory or governmental capacity. Nothing in this Lease shall be construed as restraining, impairing or restricting the City in its regulatory capacity, or granting any rights upon the Tenant with respect to the use, occupancy or operation of the Premises in a manner inconsistent with Law. This Lease does not grant any development rights upon the Tenant with respect to the Premises and any such development shall be subject to all applicable provisions of the Burlingame Municipal Code. 5. RULES AND REGULATIONS. Tenant and Tenant's Parties shall faithfully observe and comply with the rules and regulations attached hereto as Exhibit B and any other rules and regulations and any modifications or additions thereto which Landlord may from time to time prescribe in writing for the purpose of maintaining the proper care, cleanliness, safety, traffic flow and general order of the Premises or the Building. Tenant shall cause Tenant's Parties to comply with such rules and regulations. Landlord shall not be responsible to Tenant for the non -compliance by any other tenant or occupant of the Building with any of such rules and regulations, any other tenant's or occupant's lease or any Regulations. 6. RENT. 6.1 Base Rent. Tenant shall pay to Landlord and Landlord shall receive, without notice or demand throughout the Term, monthly Base Rent as specified in the Basic Lease Information, payable in monthly installments in advance on or before the first day of each calendar month, in lawful money of the United States, without deduction or offset whatsoever, at the Payment Address specified in the Basic Lease Information or to such other place as Landlord may from time to time designate in writing. Base Rent for the first full month of the Term shall be paid by Tenant upon Tenant's execution of this Lease. If the obligation for payment of Base Rent commences on a day other than the first day of a month, then Base Rent shall be prorated and the prorated installment shall be paid on the first day of the calendar month next succeeding the Term Commencement Date. As used herein, the term "Base Rent" shall mean the Base Rent specified in the Basic Lease Information as it may be so adjusted from time to time. The Base Rent payable by Tenant hereunder is subject to adjustment as provided in Section 6.1 A. A. Annual Adjustment. Beginning on the 2nd year anniversary of the Commencement Date, Base Rent shall increase annually at the end of each 12-month period by any increase in the Consumer Price Index as determined by the U. S. Bureau of Labor Statistics for all Urban Consumers for the San Francisco/Oakland/San Jose Metropolitan Area over the previous year. In no event will the increase be less than 3% or greater than 7%.] Should the CPI be discontinued, the index used for comparison shall be a comparable index as designated by the Bureau. It is recognized by both parties that the Index for any month is not published for approximately two months. Tenant shall, therefore, continue to pay the current rental paid by Tenant until such time as the new rental is calculated and, at that time, Tenant shall pay within ten (10) days of notice of the new Base Rent the new amount plus arrearages. In no event shall Base Rent ever decrease below the prior year's Base Rent even if the CPI is negative. In such event, the Base Rent shall increase at the minimum rate specified in this Section 6.1 A. B. PGE Expenses. All PGE expenses are will be invoiced based on the costs incurred by Tenant's actual usage of the utilities, which will be a combination of the kitchen, seating area, and interior restrooms for electricity to support the lighting and HVAC system. The Landlord will receive the bill monthly, and will invoice the Tenant for the applicable amount. The Landlord will provide a copy of the bill to Tenant upon request. Tenant will submit payment to Landlord directly for these costs within 10 business days of receipt. 7. Reserved (Operating Expenses). 8. INSURANCE AND INDEMNIFICATION. 8.1 Landlord's Insurance. If, and to the extent Landlord elects to do so (in Landlord's sole discretion), Landlord may maintain insurance through individual or blanket policies insuring the Building against fire and extended coverage (including, if Landlord elects, "all risk" coverage, earthquake/volcanic action, flood and/or surface water insurance) for all or a portion of the full replacement cost of the Building, with deductibles and the form and endorsements of such coverage as selected by Landlord, together with rental interruption insurance against loss of Rent. Landlord may also carry such other insurance as Landlord may deem prudent or advisable, including, without limitation, liability insurance in such amounts and on such terms as Landlord shall determine. All such insurance maintained by Landlord shall be for the exclusive benefit of Landlord and Tenant shall have no right or interest therein. 8.2 Tenant Insurance. Tenant shall, at Tenant's expense, obtain and keep in force at all times the following: A. Commercial General Liability Insurance (Occurrence Form). A policy of commercial general liability insurance (occurrence form) having a combined single limit of not less than Two Million Dollars ($2,000,000) per occurrence, Four Million Dollars ($4,000,000) in aggregate, providing coverage for, among other things, blanket contractual liability, Premises, products/completed operations with an "Additional Insured -Managers or Lessors of Premises Endorsement" and containing the "Amendment of the Pollution Exclusion Endorsement" for damage caused by heat, smoke or fumes from a hostile fire, and personal and advertising injury coverage, with deletion of (a) the exclusion for operations within fifty (50) feet of a railroad track (railroad protective liability), if applicable, and (b) the exclusion for explosion, collapse or underground hazard, if applicable. The policy shall not contain any intra-insured exclusions as between insured persons or organizations, and shall include coverage for liability assumed under this Lease as an "insured contract" for the performance of Tenant's indemnity obligations under this Lease; B. Automobile Liability Insurance. Business automobile liability insurance having a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence and insuring Tenant against liability for claims arising out of ownership, maintenance, or use of any owned, hired or non -owned automobiles; C. Workers' Compensation and Employer's Liability Insurance. Workers' compensation insurance having limits not less than those required by state statute and federal statute, if applicable, and covering all persons employed by Tenant in the conduct of its operations on the Premises including coverage for all states and, if applicable, voluntary compensation, together with employer's liability insurance coverage in the amount of at least One Million Dollars ($1,000,000); D. Property Insurance. "All risk" property insurance including boiler and machinery comprehensive form, if applicable, covering damage to or loss of any of Tenant's personal property, fixtures, equipment and alterations, including electronic data processing equipment (collectively, "Tenant's Property") (and coverage for the full replacement cost thereof including business interruption of Tenant), together with, if the property of Tenant's invitees is to be kept in the Premises, warehouser's legal liability or bailee customers insurance for the full replacement cost of the property belonging to invitees and located in the Premises; and E. Business Interruption. Loss of income and extra expense insurance in amounts as will reimburse Tenant for direct or indirect loss of earnings attributable to all peril commonly insured against by prudent Tenants in the business of Tenant or to prevention of access to the Premises as a result of such perils. 8.3 General. A. Insurance Companies. Insurance required to be maintained by Tenant shall be written by companies licensed to do business in the state in which the Premises are located and having a "General Policyholders Rating" of at least "A-VIII" (or such higher rating as may be required by lender having a lien on the Premises) as set forth in the most current issue of "Best's Insurance Guide." B. Certificates of Insurance. Tenant shall deliver to Landlord certificates of insurance for all insurance required to be maintained by Tenant in a form acceptable to Landlord in its sole discretion, no later than seven (7) days prior to the date of possession of the Premises. Tenant shall, at least ten (10) days prior to expiration of the policy, furnish Landlord with certificates of renewal or "binders" thereof. Each certificate shall expressly provide that such policies shall not be cancelable or otherwise subject to modification except after thirty (30) days' prior written notice to the parties named as additional insureds in this Lease (except in the case of cancellation for nonpayment of premium in which case cancellation shall not take effect until at least ten (10) days' notice has been given to Landlord). If Tenant fails to maintain any insurance required in this Lease, Tenant shall be liable for all losses and costs suffered or incurred by Landlord (including litigation costs and attorneys' fees and expenses) resulting from said failure. C. Additional Insured. Landlord, Landlord's lender, if any, and any property management company of Landlord for the Premises shall be named as additional insureds on a form approved by Landlord under all of the policies required by Section 8.2. The policies required under Section 8.2 shall provide for severability of interest. D. Primary Coverage. All insurance to be maintained by Tenant shall, except for workers' compensation and employer's liability insurance, be primary, without right of contribution from insurance of Landlord. Any umbrella liability policy or excess liability policy (which shall be in "following form") shall provide that if the underlying aggregate is exhausted, the excess coverage will drop down as primary insurance. The limits of insurance maintained by Tenant shall not limit Tenant's liability under this Lease. E. Waiver of Subrogation. Tenant waives any right to recover against Landlord for claims for damages to Tenant's Property whether or not covered by insurance. This provision is intended to waive fully, and for the benefit of Landlord, any rights and/or claims which might give rise to a right of subrogation in favor of any insurance carrier. The coverage obtained by Tenant pursuant to this Lease shall include, without limitation, a waiver of subrogation endorsement attached to the certificate of insurance. F. Notification of Incidents. Tenant shall notify Landlord immediately and as soon as practicable, but no later than within twenty-four (24) hours after the occurrence of any accidents or incidents in the Premises, which could give rise to a claim under any of the insurance policies required under this Section 8. 8.4 Indemnity. Tenant shall indemnify, protect, defend (at Tenant's sole cost and with legal counsel acceptable to Landlord) and hold harmless, Landlord and Landlord's affiliated entities, and each of their respective members, managers, partners, officers, employees, council members, board members, lenders, agents, contractors, successors and assigns from and against any and all claims, judgments, causes of action, damages, penalties, costs, liabilities, and expenses, including all court costs and attorneys' fees, arising at any time during or after the Term, as a result (directly or indirectly) of or in connection with (i) default in the performance of any Obligation on Tenant's part to be performed under the terms of this Lease, or (ii) Tenant's use of the Premises, the conduct of Tenant's business or any activity, work or things done, permitted or suffered by Tenant or Tenant's employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants (individually, a "Tenant Party" and collectively, "Tenant's Parties") in or about the Premises, the Building, or other portions of the Premises except as provided by law or for claims caused solely by Landlord's gross negligence or willful misconduct. Tenant's indemnity is not intended to nor shall it relieve any insurance carrier of its obligations under policies required to be carried by Licensee pursuant to the provisions of this Lease to the extent such policies cover the results of negligent acts or omissions of Landlord, its employees, agents, contractors, council members, board members and officers or the failure of Landlord to perform any of its obligations under this Lease. The obligations of Tenant under this Section 8.4 shall survive the termination or earlier expiration of this Lease. 8.5 Exemption of Landlord from Liability. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to the Premises and its property including, but not limited to, Tenant's fixtures, equipment, furniture and alterations, or illness or injury to persons in, upon or about the Premises, arising from any cause, and Tenant hereby expressly releases Landlord and waives all claims in respect thereof against Landlord, except only such claims as are caused solely by Landlord's gross negligence or willful misconduct. Tenant hereby agrees that Landlord shall not be liable for injury to Tenant's business or any loss of income therefrom or for damage to the property of Tenant, or injury to or illness or death of Tenant or any Tenant Party or any other person in or about the Premises, whether such damage, illness or injury is caused by fire, steam, electricity, gas, water or rain, or from the breakage, leakage or other defects of sprinklers, wires, appliances, ventilation, plumbing, air conditioning or lighting fixtures, or from any other cause, and whether said damage, illness or injury results from conditions arising upon the Premises, upon other portions of the Building or from other sources or places, and regardless of whether the cause of such damage, illness or injury or the means of repairing the same is inaccessible to Tenant, except only damage, illness or injury caused solely by Landlord's gross negligence or willful misconduct. Landlord shall not be liable for any damages arising from any action, inaction or neglect by any contractor or other tenant, if any, of the Building or Landlord's failure to enforce the terms of any agreements with parties other than Tenant. 9. WAIVER OF SUBROGATION. Landlord and Tenant each waives any claim, loss or cost it might have against the other for any injury to or death of any person or persons, or damage to or theft, destruction, loss, or loss of use of any property (a "Loss"), to the extent the same is insured against (or is required to be insured against under the terms hereof) under any property damage insurance policy covering the Building, the Premises, Landlord's or Tenant's fixtures, personal property, leasehold improvements, or business, regardless of whether the negligence of the other party caused such Loss. 10. RESERVED II. TENANT'S REPAIRS AND MAINTENANCE. 11.1 By taking possession of the Premises and Building, Tenant accepts them "as is," as being in good order, condition and repair and the condition in which Landlord is obligated to deliver them and suitable for the Permitted Use and Tenant's intended operations in the Premises, whether or not any notice of acceptance is given. Tenant shall at all times during the Term at Tenant's expense maintain the Building, including structural soundness of the roof, foundations, and exterior walls electrical, mechanical or other systems, telephone equipment and wiring servicing, plumbing, lighting in, or about the Building and the Premises in a first-class, good, clean and secure condition and promptly make all necessary repairs and replacements, as determined by Landlord, with materials and workmanship of the same character, kind and quality as the original. Tenant shall, at its expense, promptly repair any damage to the Premises or the Building resulting from or caused by any negligence or act of Tenant or Tenant's Parties. 11.2 If any portion of the Premises is used for the sale or storage of food, then Tenant, at Tenant's expense, will have a bonded, professional pest -and -sanitation control operator provide monthly pest control services. In addition, Tenant agrees to annually inspect the lateral sewer line to point of connection at main sewer line and have the lateral sewer line inspected with a plumbing camera every five years. Results of said inspections shall be provided to Landlord. Throughout Term Tenant will, at Tenant's sole expense, maintain the Premises in a clean, sanitary, and quiet manner and will take such steps as may be necessary, in the reasonable discretion of Landlord, to keep the Premises and/or contiguous other tenant -occupied premises free of nuisances, odors, and loud sounds, including music associated with Tenant's business or from the operation of any instrument, apparatus, equipment, radio, television, or amplification system. On Tenant's receipt of notice of any complaint of odor or noise that may be resulting from, directly or indirectly, the operation of Tenant's business, Tenant, at Tenant's sole expense, will take such steps as may be necessary to immediately remedy such odor or noise. 11.3 Operations by Tenant. Tenant will at its expense: (a) keep the inside and outside of all glass in the doors and windows located in the Premises intact and clean; (b) keep all exterior surfaces located on the Premises clean and free of graffiti; (c) replace promptly any cracked or broken glass located on the Premises with glass of like grade and quality; (d) maintain the Premises in a clean, orderly and sanitary condition and free of insects, rodents, vermin and other pests; (e) keep any garbage, trash, rubbish or other refuse in rat -proof containers within the interior of the Premises or in Landlord designated trash containers until removed; (f) have such garbage, trash, rubbish and refuse removed on a daily basis; (g) keep all mechanical apparatus reasonably free of vibration and noise which may be transmitted beyond the Premises; (h) comply with all applicable Law; (i) light the show windows of the Premises and exterior signs during Tenant's business hours and turn the same off to the extent reasonably required by Landlord; 0) comply with and observe all rules and regulations established by Landlord or its designee; (k) maintain sufficient and seasonal inventory and have sufficient number of personnel to maximize sales volume in the Premises; and (1) conduct its business in all respects in accordance with high standards of restaurant and retail operation as reasonably determined by Landlord. 12. ALTERATIONS. 12.1 Except for the initial tenant improvements approved by Landlord and repairs for property condition under Section 12.3 and Exhibit C, Tenant shall not make, or allow to be made, any alterations, physical additions, improvements or partitions, including without limitation the attachment of any fixtures or equipment, in, about or to the Premises ("Alterations") without obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld with respect to proposed Alterations which: (a) comply with all applicable Regulations; (b) are, in Landlord's opinion, compatible with the Building and its mechanical, plumbing, electrical, heating/ventilation/air conditioning systems, and will not cause the Building or such systems to be required to be modified to comply with any Regulations (including, without limitation, the Americans With Disabilities Act); and (c) will not interfere with the use and occupancy of any other portion of the Building by any other tenant or its invitees. Specifically, but without limiting the generality of the foregoing, Landlord shall have the right of written consent for all plans and specifications for the proposed Alterations, construction means and methods, all appropriate permits and licenses, any contractor or subcontractor to be employed on the work of Alterations, and the time for performance of such work, and may impose rules and regulations for contractors and subcontractors performing such work. Tenant shall also supply to Landlord any documents and information reasonably requested by Landlord in connection with Landlord's consideration of a request for approval hereunder. Tenant shall cause all Alterations to be accomplished in a first-class, good and workmanlike manner, and to comply with all applicable Regulations and Section 29 hereof. Tenant shall at Tenant's sole expense, perform any additional work required under applicable Regulations due to the Alterations hereunder. No review or consent by Landlord of or to any proposed Alteration or additional work shall constitute a waiver of Tenant's obligations under this Section 12, nor constitute any warranty or representation that the same complies with all applicable Regulations, for which Tenant shall at all times be solely responsible. Tenant shall reimburse Landlord for all costs which Landlord may incur in connection with granting approval to Tenant for any such Alterations, including any costs or expenses which Landlord may incur in electing to have outside architects and engineers review said plans and specifications. All such Alterations shall remain the property of Tenant until the expiration or earlier termination of this Lease, at which time they shall be and become the property of Landlord; provided, however, that Landlord may, at Landlord's option, require that Tenant, at Tenant's expense, remove any or all Alterations made by Tenant and restore the Premises by the expiration or earlier termination of this Lease, to their condition existing prior to the construction of any such Alterations. All such removals and restoration shall be accomplished in a first-class and good and workmanlike manner so as not to cause any damage to the Premises whatsoever. If Tenant fails to remove such Alterations or Tenant's trade fixtures or furniture or other personal property, Landlord may keep and use them or remove any of them and cause them to be stored or sold in accordance with applicable 1 aw, at Tenant's sole expense. In addition to and wholly apart from Tenant's obligation to pay Tenant's Proportionate Share of Operating Expenses, Tenant shall be responsible for and shall pay prior to delinquency any taxes or governmental service fees, possessory interest taxes, fees or charges in lieu of any such taxes, capital levies, or other charges imposed upon, levied with respect to or assessed against its fixtures or personal property, on the value of Alterations within the Premises, and on Tenant's interest pursuant to this Lease, or any increase in any of the foregoing based on such Alterations. To the extent that any such taxes are not separately assessed or billed to Tenant, Tenant shall pay the amount thereof as invoiced to Tenant by Landlord. In addition, at Landlord's election and notwithstanding the foregoing, however, Tenant shall pay to Landlord the cost of removing any such Alterations and restoring the Premises to their original condition, and such amount may be deducted from the Security Deposit or any other sums or amounts held by Landlord under this Lease. 12.2 Notices of Construction. In compliance with Section 29 hereof, at least ten (10) business days before beginning construction of any Alteration, Tenant shall give Landlord written notice of the expected commencement date of that construction to permit Landlord to post and record a notice of non -responsibility. Upon substantial completion of construction, if the law so provides, Tenant shall cause a timely notice of completion to be recorded in the office of the recorder of the county in which the Building is located. 12.3 Condition of Premises. Tenant shall correct any items within ninety (90) days of Lease Commencement shown on the Property Condition Report. If the Term is longer than sixty (60) months, then Landlord may, at any time after the expiration of month forty-eight (48) and prior to the commencement of the final twelve (12)-month period of the Term, require Tenant, at Tenant's cost, to make cosmetic changes to the Premises such as new floor finishes, painting, new wall covering, casework, and new tenant fixtures as necessary to maintain the Premises as a first-class operation as specified in a new property condition report to be obtained by Landlord. A new report may be obtained at Landlord's option and expense every five (5) years of the Lease Term. All such work by Tenant will be in accordance with Section 12 and will be completed within three (3) months after the date of Landlord's notice. 12.4 Prevailing Wages. Tenant acknowledges that Landlord has made no representation, express or implied, to Tenant or any person associated with Tenant regarding whether or not laborers employed relative to any construction on the Premises or Building must be paid the prevailing per diem wage rate for their labor classification, as determined by the State of California, pursuant to California Labor Code Sections 1720 et seq. Tenant agrees with Landlord that Tenant shall assume the responsibility and be solely responsible for determining whether or not laborers employed relative to any construction on the Premises or Building undertaken by Tenant must be paid the prevailing per diem wage rate for their labor classification, as determined by the State of California, pursuant to California Labor Code Sections 1720 et seq. Landlord shall not be under any duty to monitor or ensure the compliance of Tenant with any State of California labor laws, including, without limitation, prevailing wage laws. Tenant shall indemnify Landlord in accordance with the provisions of Section 8.4 against any claims pursuant to California Labor Code Section 1781 arising from Tenant's construction of any improvements, work or alterations on the Premises or Building. 13. SIGNS. Tenant shall not place, install, affix, paint or maintain any signs, notices, graphics or banners whatsoever or any window decor which is visible in or from public view or the exterior of the Premises or the Building, in or on any exterior window or window without Landlord's prior written approval which Landlord shall have the right to withhold in its absolute and sole discretion. Any installation of signs, notices, graphics or banners on or about the Premises approved by Landlord shall be subject to any Regulations and to any other requirements imposed by Landlord. Tenant shall remove all such signs or graphics by the expiration or any earlier termination of this Lease. Such installations and removals shall be made in such manner as to avoid injury to or defacement of the Premises or Building and any other improvements contained therein, and Tenant shall repair any injury or defacement including without limitation discoloration caused by such installation or removal. 14. TENANT'S SIGNS, AWNINGS AND CANOPIES. Tenant will not place, or allow any third party to place, or maintain on the roof or on any exterior door or wall of the Premises any permanent sign, banner, flag, awning or canopy or advertising matter without Landlord's prior written consent, which consent shall not be unreasonably withheld, delayed or conditioned. Tenant shall be permitted temporary window and exterior banner signage so long as such temporary signage is professionally produced and approved by Landlord in advance of installation. Tenant shall be allowed permanent building signage up to the maximum size permitted by local governmental authorities. Tenant's sign shall comply with the City of Burlingame Sign Regulations found in the Burlingame Municipal Code, as the same may be amended or changed from time to time, and any other applicable governmental requirements and approvals. Tenant acknowledges that no monument sign exists with respect to the Premises. Tenant's sign(s) shall be installed prior to Tenant's opening for business. Tenant further agrees to maintain such sign, awning, canopy, decoration, lettering, or advertising matter as may be approved in good condition and repair at all times at its own expense. If Tenant installs any sign, awning, canopy, decoration, lettering, or advertising matter without Landlord's prior written consent, Landlord may have it removed and stored at Tenant's expense. The removal and storage costs shall bear interest until paid at the maximum rate allowed by law. If Tenant elects to change its exterior signage after initial installation, any such new exterior signage shall be subject to approval by Landlord and the City. If any governmental requirement that Landlord is obligated to comply with necessitates replacement of Tenant's exterior signage, then Tenant shall remove Tenant's existing sign, patch the fascia, and install a new sign that complies with such governmental requirement, at Tenant's sole cost and expense. No advertising medium shall be utilized by Tenant which can be heard or experienced outside the Premises, including without limitation, flashing lights, searchlights, loudspeakers, phonographs, radios or television, provided that this prohibition does not prevent Tenant from the placement of advertisements on television or radio to promote its business which are then broadcast over public and private mediums or to orally advertise in compliance with applicable laws. Except with Landlord's prior written consent, Tenant shall not display, paint or place, or cause to be displayed, painted or placed, any handbills, bumper stickers or other advertising devices on any vehicle parked in the adjacent parking area to the Premises, including those belonging to Tenant, or to Tenant's agent or any other person; nor shall Tenant distribute or cause to be distributed in the Premises or surrounding area any handbills or other advertising devices. Tenant shall have no right to spray paint the exterior or interior of the exterior doors without Landlord's prior written consent. 15. INSPECTION/POSTING NOTICES. After reasonable notice, except in emergencies where no such notice shall be required, Landlord and Landlord's agents and representatives, shall have the right to enter the Premises to inspect the same, to clean, to perform such work as may be permitted or required hereunder, to make repairs, improvements or alterations to the Premises or Building or to other tenant spaces therein, to deal with emergencies, to post such notices as may be permitted or required by law to prevent the perfection of liens against Landlord's interest in the Premises, or to exhibit the Premises to prospective tenants, purchasers, encumbrancers or to others, or for any other purpose as Landlord may deem necessary or desirable; provided, however, that Landlord shall use reasonable efforts not to unreasonably interfere with Tenant's business operations. Tenant shall not be entitled to any abatement of Rent by reason of the exercise of any such right of entry. Tenant waives any claim for damages for any injury or inconvenience to or interference with Tenant's business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. Landlord shall at all times have and retain a key with which to unlock all of the doors in, upon and about the Premises, excluding Tenant's vaults and safes or special security areas (designated in advance), and Landlord shall have the right to use any and all means which Landlord may deem necessary or proper to open said doors in an emergency, in order to obtain entry to any portion of the Premises, and any entry to the Premises or portions thereof obtained by Landlord by any of said means, or otherwise, shall not be construed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction, actual or constructive, of Tenant from the Premises or any portions thereof. At any time within six (6) months prior to the expiration of the Term or following any earlier termination of this Lease or agreement to terminate this Lease, Landlord shall have the right to erect on the Premises and/or Building a suitable sign indicating that the Premises are available for lease. 16. SERVICES AND UTILITIES. Tenant shall contract directly for and obtain (and Landlord is to have no responsibility for) all utilities and services necessary for the use and occupancy of the Premises, with exception for domestic water, electrical, trash, and sewer services which shall be invoiced by Landlord to Tenant. Landlord shall not be liable for, and Tenant shall not be entitled to any abatement or reduction of Rent by reason of, the discontinuation of utilities to the Premises where such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character or for any other causes. In the event of an interruption of utility services, Landlord shall cooperate with and assist Tenant as reasonably requested by Tenant (and at Tenant's expense) to reestablish such services as soon as is possible. Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any other applicable existing or future Laws, permitting the termination of this Lease due to the interruption or failure of or inability to provide any services. 16.1 Tenant acknowledges that Tenant has inspected and accepts the water, electricity and other utilities and services being supplied or furnished to the Premises as of the date Tenant takes possession of the Premises, as being sufficient for use of the Premises for reasonable and normal use in their present condition, "as is," and suitable for the Permitted Use, and for Tenant's intended operations in the Premises. Tenant also agrees at all times to cooperate fully with Landlord and to abide by all of the regulations and requirements which Landlord may prescribe for the proper functioning and protection of electrical and plumbing. 16.2 Tenant shall not without written consent of Landlord use any apparatus, equipment or device in the Premises, which will in any way increase the amount of electricity, water, or any other resource being furnished or supplied for the use of the Premises for reasonable and normal retail use, in each case as of the date Tenant takes possession of the Premises and as determined by Landlord, or which will require additions or alterations to or interfere with the Building power distribution systems; nor connect with electric current, except through existing electrical outlets in the Premises or water pipes, any apparatus, equipment or device for the purpose of using electrical current, water, or any other resource. If Tenant shall require water or electric current or any other resource in excess of that being furnished or supplied for the use of the Premises as of the date Tenant takes possession of the Premises as determined by Landlord, Tenant shall first procure the written consent of Landlord which Landlord may refuse, to the use thereof, and Landlord may cause a special meter to be installed in the Premises so as to measure the amount of water, electric current or other resource consumed for any such other use. Tenant shall pay directly to Landlord upon demand as an addition to and separate from payment of Operating Expenses the cost of all such additional resources, energy, utility service and meters (and of installation, maintenance and repair thereof and of any additional circuits or other equipment necessary to furnish such additional resources, energy, utility or service). Landlord may add to the separate or metered charge a recovery of additional expense incurred in keeping account of the excess water, electric current or other resource so consumed. Following receipt of Tenant's request to do so, Landlord shall use good faith efforts to restore any service specifically to be provided under Section 15 that becomes unavailable and which is in Landlord's reasonable control to restore; provided, however, that Landlord shall in no case be liable for any damages directly or indirectly resulting from nor shall the Rent or any monies owed Landlord under this Lease herein reserved be abated by reason of. (a) the installation, use or interruption of use of any equipment used in connection with the furnishing of any such utilities or services, or any change in the character or means of supplying or providing any such utilities or services or any supplier thereof; (b) the failure to furnish or delay in furnishing any such utilities or services when such failure or delay is caused by acts of God or the elements, labor disturbances of any character, or otherwise or because of any interruption of service due to Tenant's use of water, electric current or other resource in excess of that being supplied or furnished for the use of the Premises as of the date Tenant takes possession of the Premises; (c) the inadequacy, limitation, curtailment, rationing or restriction on use of water, electricity, gas or any other form of energy or any other service or utility whatsoever serving the Premises, whether by Regulation or otherwise; or (d) the partial or total unavailability of any such utilities or services to the Premises or the Building or the diminution in the quality or quantity thereof, whet her by Regulation or otherwise; or (e) any interruption in Tenant's business operations as a result of any such occurrence; nor shall any such occurrence constitute an actual or constructive eviction of Tenant or a breach of an implied warranty by Landlord. Landlord shall further have no obligation to protect or preserve any apparatus, equipment or device installed by Tenant in the Premises, including without limitation by providing additional or after-hours heating or air conditioning. Landlord shall be entitled to cooperate voluntarily and in a reasonable manner with the efforts of national, state or local governmental agencies or utility suppliers in reducing energy or other resource consumption. The obligation to make services available hereunder shall be subject to the limitations of any such voluntary, reasonable program. In addition, Landlord reserves the right to change the supplier or provider of any such utility or service from time to time. Tenant shall have no right to contract with or otherwise obtain any electrical or other such service for or with respect to the Premises or Tenant's operations therein from any supplier or provider of any such service. Tenant shall cooperate with Landlord and any supplier or provider of such services designated by Landlord from time to time to facilitate the delivery of such services to Tenant at the Premises and to the Building, including without limitation allowing Landlord and Landlord's suppliers or providers, and their respective agents and contractors, reasonable access to the Premises for the purpose of installing, maintaining, repairing, replacing or upgrading such service or any equipment or machinery associated therewith. 16.3 Telecommunications Providers. Tenant may contract separately with providers of telecommunications or cellular products, systems or services for the Premises. Even though such products, systems or services may be installed or provided by such providers in the Building, in consideration for Landlord's permitting such providers to provide such services to Tenant, Tenant agrees that Landlord and the Landlord Indemnitees shall in no event be liable to Tenant or any Tenant Party for any damages of any nature whatsoever arising out of or relating to the products, systems or services provided by such providers (or any failure, interruption, defect in or loss of the same) or any acts or omissions of such providers in connection with the same or any interference in Tenant's business caused thereby. Tenant waives and releases all rights and remedies against Landlord and the Landlord Indemnitees that are inconsistent with the foregoing. 16.4 Energy Programs. Within thirty (30) days after the Delivery Date Tenant shall provide to Landlord authorizations from each utility to be used by Tenant in the operation of its Premises whose power consumption Landlord is required to report upon pursuant to California's Energy Use Program. Tenant agrees to cooperate with Landlord to satisfy any governmental requirements regarding energy efficiencies. 17. SUBORDINATION. Without the necessity of any additional document being executed by Tenant for the purpose of effecting a subordination, this Lease shall be and is hereby declared to be subject and subordinate at all times to: (a) all ground leases or underlying leases which may now exist or hereafter be executed affecting the Premises and/or the land upon which the Premises are situated, or both; and (b) any mortgage or deed of trust which may now exist or be placed upon the Building, and/or the land upon which the Premises are situated, or said ground leases or underlying leases, or Landlord's interest or estate in any of said items which is specified as security. Notwithstanding the foregoing, Landlord shall have the right to subordinate or cause to be subordinated any such ground leases or underlying leases or any such liens to this Lease. If any ground lease or underlying lease terminates for any reason or any mortgage or deed of trust is foreclosed or a conveyance in lieu of foreclosure is made for any reason, Tenant shall, notwithstanding any subordination, attorn to and become the Tenant of the successor in interest to Landlord provided that Tenant shall not be disturbed in its possession under this Lease by such successor in interest so long as Tenant is not in default under this Lease. Within ten (10) days after request by Landlord, Tenant shall execute and deliver any additional documents evidencing Tenant's attornment or the subordination of this Lease with respect to any such ground leases or underlying leases or any such mortgage or deed of trust, in the form requested by Landlord or by any ground landlord, mortgagee, or beneficiary under a deed of trust, subject to such nondisturbance requirement. If requested in writing by Tenant, Landlord shall use commercially reasonable efforts to obtain a subordination, nondisturbance and attornment agreement for the benefit of Tenant reflecting the foregoing from any ground landlord, mortgagee or beneficiary, at Tenant's expense, subject to such other terms and conditions as the ground landlord, mortgagee or beneficiary may require. 18. FINANCIAL STATEMENTS. At the request of Landlord from time to time, no more often than once per year, Tenant shall provide to Landlord Tenant's and any guarantor's current financial statements or other information discussing financial worth of Tenant and any guarantor, which Landlord shall use solely for purposes of this Lease. 19. ESTOPPEL CERTIFICATE. Tenant agrees from time to time, within ten (10) days after request of Landlord, to deliver to Landlord, or Landlord's designee, an estoppel certificate stating that this Lease is in full force and effect, that this Lease has not been modified (or stating all modifications, written or oral, to this Lease), the date to which Rent has been paid, the unexpired portion of this Lease, that there are no current defaults by Landlord or Tenant under this Lease (or specifying any such defaults), that the leasehold estate granted by this Lease is the sole interest of Tenant in the Premises and/or the land at which the Premises are situated, and such other matters pertaining to this Lease as may be reasonably requested by Landlord or any mortgagee, beneficiary, purchaser or prospective purchaser of the Building or any interest therein. Failure by Tenant to execute and deliver such certificate shall constitute an acceptance of the Premises and acknowledgment by Tenant that the statements included are true and correct without exception. Tenant agrees that if Tenant fails to execute and deliver such certificate within such ten (10)-day period, Landlord may execute and deliver such certificate on Tenant's behalf and that such certificate shall be binding on Tenant. Landlord and Tenant intend that any statement delivered pursuant to this section may be relied upon by any mortgagee, beneficiary, purchaser or prospective purchaser of the Building or any interest therein. The parties agree that Tenant's obligation to furnish such estoppel certificates in a timely fashion is a material inducement for Landlord's execution of this Lease, and shall be an event of default (without any cure period that might be provided under Section 28.1 C of this Lease) if Tenant fails to fully comply or makes any material misstatement in any such certificate. 20. SECURITY DEPOSIT. Tenant agrees to deposit with Landlord upon execution of this Lease, a security deposit as stated in the Basic Lease Information (the "Security Deposit"), which sum shall be held and owned by Landlord, without obligation to pay interest, as security for the performance of Tenant's covenants and obligations under this Lease. The Security Deposit is not an advance rental deposit or a measure of damages incurred by Landlord in case of Tenant's default. Upon the occurrence of any event of default by Tenant, Landlord may from time to time, without prejudice to any other remedy provided herein or by law, use such fund as a credit to the extent necessary to credit against any arrears of Rent or other payments due to Landlord hereunder, and any other damage, injury, expense or liability caused by such event of default, and Tenant shall pay to Landlord, on demand, the amount so applied in order to restore the Security Deposit to its original amount. Although the Security Deposit shall be deemed the property of Landlord, any remaining balance of such deposit shall be returned by Landlord to Tenant at such time after termination of this Lease that all of Tenant's obligations under this Lease have been fulfilled, reduced by such amounts as may be required by Landlord to remedy defaults on the part of Tenant in the payment of Rent or other obligations of Tenant under this Lease, to repair damage to the Premises or Building caused by Tenant or any Tenant's Parties and to clean the Premises. Landlord is hereby granted a security interest in the Security Deposit in accordance with applicable provisions of the California Commercial Code. Landlord may use and commingle the Security Deposit with other funds of Landlord. Tenant hereby waives the provisions of Section 1950.7 of the California Civil Code, and all other provisions of any Regulations, now or hereinafter in force, which restricts the amount or types of claim that a landlord may make upon a security deposit or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security deposits. 21. LIMITATION OF TENANT'S REMEDIES. The obligations and liability of Landlord to Tenant for any default by Landlord under the terms of this Lease are not personal obligations of Landlord or Landlord's affiliated entities, and each of their respective members, managers, partners, officers, employees, council members, board members, lenders, agents, contractors, successors and assigns, and Tenant agrees to look solely to Landlord's interest in the Premises for the recovery of any amount from Landlord, and shall not look to other assets of Landlord nor seek recourse against the assets of Landlord's affiliated entities, and each of their respective members, managers, partners, officers, employees, council members, board members, lenders, agents, contractors, successors and assigns. Any lien obtained to enforce any such judgment and any levy of execution thereon shall be subject and subordinate to any lien, mortgage or deed of trust on the Premises. Under no circumstances shall Tenant have the right to offset against or recoup Rent or other payments due and to become due to Landlord hereunder except as expressly provided in this Lease, which Rent and other payments shall be absolutely due and payable hereunder in accordance with the terms hereof. In no case shall Landlord be liable to Tenant for any lost profits, damage to business, or any form of special, indirect or consequential damage on account of any breach of this Lease or otherwise, notwithstanding anything to the contrary contained in this Lease. 22. CONSENT OF LANDLORD AND TENANT. Except as expressly provided to the contrary, wherever in this Lease consent or approval is required, such consent or approval shall be given in writing and shall not be unreasonably withheld, delayed, or conditioned. Landlord shall not be deemed to have withheld its consent unreasonably where Landlord's right to give its consent is conditioned on Landlord obtaining the consent of any person, agency or authority with the right to withhold its consent pursuant to applicable Laws. If Landlord or Tenant fails to properly give any such consent, the other party hereto shall be entitled to specific performance and shall have such other remedies as are reserved to it under this Lease, but in no event shall Landlord or Tenant be entitled to terminate this Lease as a result of such failure to give consent (including any right of termination under Section 1995.310 of the California Civil Code) unless consent is withheld maliciously or in bad faith. 23. ASSIGNMENT AND SUBLETTING. 23.1 General. This Lease has been negotiated to be and is granted as an accommodation to Tenant. Accordingly, this Lease is personal to Tenant, and Tenant's rights granted hereunder do not include the right to assign this Lease or sublease the Premises, or to receive any excess, either in installments or lump sum, over the Rent which is expressly reserved by Landlord as hereinafter provided, except as otherwise expressly hereinafter provided. Tenant shall not assign or pledge this Lease or sublet the Premises or any part thereof, whether voluntarily or by operation of law, or permit the use or occupancy of the Premises or any part thereof by anyone other than Tenant, or suffer or permit any such assignment, pledge, subleasing or occupancy, without Landlord's prior written consent except as provided herein. If Tenant desires to assign this Lease or sublet any or all of the Premises, Tenant shall give Landlord written notice (the "Transfer Notice") at least ninety (90) days prior to the anticipated effective date of the proposed assignment or sublease, which shall contain all of the information reasonably requested by Landlord to address Landlord's decision criteria specified hereinafter. Landlord shall then have a period of sixty (60) days following receipt of the Transfer Notice to notify Tenant in writing that Landlord elects either: (i) to terminate this Lease as to the space so affected as of the date so requested by Tenant; or (ii) to consent to the proposed assignment or sublease, subject, however, to Landlord's prior written consent of the proposed assignee or subtenant and of any related documents or agreements associated with the assignment or sublease. If Landlord should fail to notify Tenant in writing of such election within said period, Landlord shall be deemed to have waived option (i) above, but written consent by Landlord of the proposed assignee or subtenant shall still be required. If Landlord does not exercise option (i) above, Landlord's consent to a proposed assignment or sublease shall not be unreasonably withheld. Consent to any assignment or subletting shall not constitute consent to any subsequent transaction to which this Section 23 applies. 23.2 Conditions of Landlord's Consent. Without limiting the other instances in which it may be reasonable for Landlord to withhold Landlord's consent to an assignment or subletting, Landlord and Tenant acknowledge that it shall be reasonable for Landlord to withhold Landlord's consent in the following instances: if the proposed assignee does not agree to be bound by and assume the obligations of Tenant under this Lease in form and substance satisfactory to Landlord; the use of the Premises by such proposed assignee or subtenant would not be a Permitted Use or would violate any exclusivity or other arrangement which Landlord has with any other tenant or occupant or any Regulation or would increase the occupancy burden of the Building, or would otherwise result in an undesirable tenant mix for the Premises and/or the surrounding area as determined by Landlord in its sole discretion; the proposed assignee or subtenant is not of sound financial condition as determined by Landlord in Landlord's sole discretion; the proposed assignee or subtenant does not have a good reputation as a tenant of property or a good business reputation; the proposed assignee or subtenant is a person with whom Landlord is negotiating to lease space in the City or is a present tenant of City property; the assignment or subletting would entail any Alterations which would lessen the value of the leasehold improvements in the Premises or use of any Hazardous Materials or other noxious use or use which may disturb other tenants in the surrounding area; or Tenant is in default of any obligation of Tenant under this Lease, or Tenant has defaulted under this Lease on two (2) or more occasions during any twelve (12) months preceding the date that Tenant shall request consent. Failure by or refusal of Landlord to consent to a proposed assignee or subtenant shall not cause a termination of this Lease. Upon a termination under Section 23.1(i), Landlord may lease the Premises to any party, including parties with whom Tenant has negotiated an assignment or sublease, without incurring any liability to Tenant. At the option of Landlord, a surrender and termination of this Lease shall operate as an assignment to Landlord of some or all subleases or subtenancies. Landlord shall exercise this option by giving notice of that assignment to such subtenants on or before the effective date of the surrender and termination. 23.3 Bonus Rent. Reserved 23.4 Corporation. If Tenant is a corporation, a transfer of corporate shares by sale, assignment, bequest, inheritance, operation of law or other disposition (including such a transfer to or by a receiver or trustee in federal or state bankruptcy, insolvency or other proceedings) resulting in a change in the present control of such corporation or any of its parent corporations by the person or persons owning a majority of said corporate shares, shall constitute an assignment for purposes of this Lease. 23.5 Unincorporated Entity. If Tenant is a partnership, joint venture, unincorporated limited liability company or other unincorporated business form, a transfer of the interest of persons, firms or entities responsible for managerial control of Tenant by sale, assignment, bequest, inheritance, operation of law or other disposition, so as to result in a change in the present control of said entity and/or of the underlying beneficial interests of said entity and/or a change in the identity of the persons responsible for the general credit obligations of said entity shall constitute an assignment for all purposes of this Lease. 23.6 Liability. No assignment or subletting by Tenant, permitted or otherwise, shall relieve Tenant of any obligation under this Lease or any guarantor of this Lease of any liability under its guaranty or alter the primary liability of the Tenant named herein for the payment of Rent or for the performance of any other obligations to be performed by Tenant, including obligations contained in Section 27 with respect to any assignee or subtenant. Landlord may collect rent or other amounts or any portion thereof from any assignee, subtenant, or other occupant of the Premises, permitted or otherwise, and apply the net rent collected to the Rent payable hereunder, but no such collection shall be deemed to be a waiver of this Section 23, or the acceptance of the assignee, subtenant or occupant as tenant, or a release of Tenant from the further performance by Tenant of the obligations of Tenant under this Lease or of any guarantor. Any assignment or subletting which conflicts with the provisions hereof shall be void. 24. AUTHORITY. Landlord represents and warrants that it has full right and authority to enter into this Lease and to perform all of Landlord's obligations hereunder and that all persons signing this Lease on its behalf are authorized to do. Tenant and the person or persons, if any, signing on behalf of Tenant, jointly and severally represent and warrant that Tenant has full right and authority to enter into this Lease, and to perform all of Tenant's obligations hereunder, and that all persons signing this Lease on its behalf are authorized to do so. 25. CONDEMNATION. 25.1 Condemnation Resulting in Termination. If the whole or any substantial part of the Premises should be taken or condemned for any public use under any Regulation, or by right of eminent domain, or by private purchase in lieu thereof, and the taking would prevent or materially interfere with the Permitted Use of the Premises, either party shall have the right to terminate this Lease at its option. If any material portion of the Building is taken or condemned for any public use under any Regulation, or by right of eminent domain, or by private purchase in lieu thereof, Landlord may terminate this Lease at its option. In either of such events, the Rent shall be abated during the unexpired portion of this Lease, effective when the physical taking of said Premises shall have occurred. 25.2 Condemnation Not Resulting in Termination. If a portion of the area of which the Premises are a part should be taken or condemned for any public use under any Regulation, or by right of eminent domain, or by private purchase in lieu thereof, and the taking prevents or materially interferes with the Permitted Use of the Premises, and this Lease is not terminated as provided in Section 25.1 above, the Rent payable hereunder during the unexpired portion of this Lease shall be reduced, beginning on the date when the physical taking shall have occurred, to such amount as may be fair and reasonable under all of the circumstances, but only after giving Landlord credit for all sums received or to be received by Tenant by the condemning authority. Notwithstanding anything to the contrary contained in this section, if the temporary use or occupancy of any part of the Premises shall be taken or appropriated under power of eminent domain during the Term, this Lease shall be and remain unaffected by such taking or appropriation and Tenant shall continue to pay in full all Rent payable hereunder by Tenant during the Term; in the event of any such temporary appropriation or taking, Tenant shall be entitled to receive that portion of any award which represents compensation for the use of or occupancy of the Premises during the unexpired Term. 25.3 Award. Landlord shall be entitled to (and Tenant shall assign to Landlord) any and all payment, income, rent, award or any interest therein whatsoever which may be paid or made in connection with such taking or conveyance and Tenant shall have no claim against Landlord or otherwise for any sums paid by virtue of such proceedings, whether or not attributable to the value of any unexpired portion of this Lease, except as expressly provided in this Lease. Notwithstanding the foregoing, any compensation specifically and separately awarded Tenant for Tenant's personal property and moving costs, shall be and remain the property of Tenant. 25.4 Waiver of CCP § 1265.130. Each party waives the provisions of California Civil Code Procedure Section 1265.130 allowing either party to petition the superior court to terminate this Lease as a result of a partial taking. 26. CASUALTY DAMAGE. 26.1 General. If the Premises or Building should be damaged or destroyed by fire, flood, earthquake, tornado, or other casualty (collectively, "Casualty"), Tenant shall give immediate written notice thereof to Landlord. Within thirty (30) days after Landlord's receipt of such notice, Landlord shall notify Tenant whether in Landlord's estimation material restoration of the Premises can reasonably be made within one hundred eighty (180) days from the date of such notice and receipt of required permits for such restoration. Landlord's determination shall be binding on Tenant. 26.2 Within 180 Days. If the Premises or Building should be damaged by Casualty to such extent that material restoration can in Landlord's estimation be reasonably completed within one hundred eighty (180) days after the date of such notice and receipt of required permits for such restoration, this Lease shall not terminate. Provided that insurance proceeds are received by Landlord to fully repair the damage, Landlord shall proceed to rebuild and repair the Premises diligently and in the manner determined by Landlord, except that Landlord shall not be required to rebuild, repair or replace any part of any Alterations which may have been placed on or about the Premises or paid for by Tenant. [If the Premises are untenantable in whole or in part following such damage, the Rent payable hereunder during the period in which they are untenantable shall be abated proportionately, but only to the extent of rental abatement insurance proceeds received by Landlord during the time and to the extent the Premises are unfit for occupancy.] 26.3 Greater than 180 Days. If the Premises or Building should be damaged by Casualty to such extent that rebuilding or repairs cannot in Landlord's estimation be reasonably completed within one hundred eighty (180) days after the date of such notice and receipt of required permits for such rebuilding or repair, then Landlord shall have the option of either: (1) terminating this Lease effective upon the date of the occurrence of such damage, in which event the Rent shall be abated during the unexpired portion of this Lease; or (2) electing to rebuild or repair the Premises diligently and in the manner determined by Landlord. Landlord shall notify Tenant of its election within thirty (30) days after Landlord's receipt of notice of the damage or destruction. Notwithstanding the above, Landlord shall not be required to rebuild, repair or replace any part of any Alterations which may have been placed, on or about the Premises or paid for by Tenant. [If the Premises are untenantable in whole or in part following such damage, the Rent payable hereunder during the period in which they are untenantable shall be abated proportionately, but only to the extent of rental abatement insurance proceeds received by Landlord during the time and to the extent the Premises are unfit for occupancy.] 26.4 Tenant's Fault. Notwithstanding anything herein to the contrary, if the Premises or any other portion of the Building are damaged by Casualty resulting from the fault, negligence, or breach of this Lease by Tenant or any of Tenant's Parties, Base Rent and Additional Rent shall not be diminished during the repair of such damage and Tenant shall be liable to Landlord for the cost and expense of the repair and restoration of the Building caused thereby to the extent such cost and expense is not covered by insurance proceeds. 26.5 Insurance Proceeds. Notwithstanding anything herein to the contrary, if the Premises or Building are damaged or destroyed and are not fully covered by the insurance proceeds received by Landlord or if the holder of any indebtedness secured by a mortgage or deed of trust covering the Premises requires that the insurance proceeds be applied to such indebtedness, then in either case Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within thirty (30) days after the date of notice to Landlord that said damage or destruction is not fully covered by insurance or such requirement is made by any such holder, as the case may be, whereupon this Lease shall terminate. 26.6 Waiver. This Section 26 shall be Tenant's sole and exclusive remedy in the event of damage or destruction to the Premises or the Building. As a material inducement to Landlord entering into this Lease, Tenant hereby waives any rights it may have under Sections 1932, 1933(4), 1941 or 1942 of the Civil Code of California with respect to any destruction of the Premises, Landlord's obligation for tenantability of the Premises and Tenant's right to make repairs and deduct the expenses of such repairs, or under any similar law, statute or ordinance now or hereafter in effect. 26.7 Tenant's Personal Property. In the event of any damage or destruction of the Premises or the Building, under no circumstances shall Landlord be required to repair any injury or damage to, or make any repairs to or replacements of, Tenant's personal property. 27. HOLDING OVER. Unless Landlord expressly consents in writing to Tenant's holding over, Tenant shall be unlawfully and illegally in possession of the Premises, whether or not Landlord accepts any rent from Tenant or any other person while Tenant remains in possession of the Premises without Landlord's written consent. If Tenant shall retain possession of the Premises or any portion thereof without Landlord's consent following the expiration of this Lease or sooner termination for any reason, then Tenant shall pay to Landlord for each day of such retention 15 0% of the amount of daily rental as of the last month prior to the date of expiration or earlier termination. Tenant shall also indemnify, defend, protect and hold Landlord harmless from any loss, liability or cost, including consequential and incidental damages and reasonable attorneys' fees, incurred by Landlord resulting from delay by Tenant in surrendering the Premises, including, without limitation, any claims made by the succeeding tenant founded on such delay. Acceptance of Rent by Landlord following expiration or earlier termination of this Lease, or following demand by Landlord for possession of the Premises, shall not constitute a renewal of this Lease, and nothing contained in this Section 27 shall waive Landlord's right of reentry or any other right. Additionally, if upon expiration or earlier termination of this Lease, or following demand by Landlord for possession of the Premises, Tenant has not fulfilled its obligation with respect to repairs and cleanup of the Premises or any other Tenant obligations as set forth in this Lease, then Landlord shall have the right to perform any such obligations as it deems necessary at Tenant's sole cost and expense, and any time required by Landlord to complete such obligations shall be considered a period of holding over and the terms of this Section 27 shall apply. The provisions of this Section 27 shall survive any expiration or earlier termination of this Lease. 28. DEFAULT. 28.1 Events of Default. The occurrence of any of the following shall constitute an event of default on the part of Tenant: A. Abandonment. Abandonment or vacation of the Premises for a continuous period in excess of five (5) days. Tenant waives any right to notice Tenant may have under Section 1951.3 of the Civil Code of the State of California, the terms of this Section 28.1 being deemed such notice to Tenant as required by said Section 1951.3. B. Nonpayment of Rent. Failure to pay any installment of Rent or any other amount due and payable hereunder upon the date when said payment is due, as to which time is of the essence. C. Other Obligations. Failure to perform any obligation, agreement or covenant under this Lease other than those matters specified in subsections A and B of this Section 28.1, and in Sections 8, 17, 19, and 27, such failure continuing for fifteen (15) days after written notice of such failure, as to which time is of the essence. D. General Assignment. A general assignment by Tenant for the benefit of creditors. E. Bankruptcy. The filing of any voluntary petition in bankruptcy by Tenant, or the filing of an involuntary petition by Tenant's creditors, which involuntary petition remains undischarged for a period of thirty (30) days. If under applicable law, the trustee in bankruptcy or Tenant has the right to affirm this Lease and continue to perform the obligations of Tenant hereunder, such trustee or Tenant shall, in such time period as may be permitted by the bankruptcy court having jurisdiction, cure all defaults of Tenant hereunder outstanding as of the date of the affirmance of this Lease and provide to Landlord such adequate assurances as may be necessary to ensure Landlord of the continued performance of Tenant's obligations under this Lease. F. Receivership. The employment of a receiver to take possession of substantially all of Tenant's assets or Tenant's leasehold of the Premises, if such appointment remains undismissed or undischarged for a period of fifteen (15) days after the order therefor. G. Attachment. The attachment, execution or other judicial seizure of all or substantially all of Tenant's assets or Tenant's leasehold of the Premises, if such attachment or other seizure remains undismissed or undischarged for a period of fifteen (15) days after the levy thereof. H. Insolvency. The admission by Tenant in writing of its inability to pay its debts as they become due. 28.2 Remedies Upon Default. A. Termination. In the event of the occurrence of any event of default, Landlord shall have the right to give a written termination notice to Tenant, and on the date specified in such notice, Tenant's right to possession shall terminate, and this Lease shall terminate unless on or before such date all Rent in arrears and all costs and expenses incurred by or on behalf of Landlord hereunder shall have been paid by Tenant and all other events of default of this Lease by Tenant at the time existing shall have been fully remedied to the satisfaction of Landlord. At any time after such termination, Landlord may recover possession of the Premises or any part thereof and expel and remove therefrom Tenant and any other person occupying the same, including any subtenant or subtenants notwithstanding Landlord's consent to any sublease, by any lawful means, and again repossess and enjoy the Premises without prejudice to any of the remedies that Landlord may have under this Lease, or at law or equity by any reason of Tenant's default or of such termination. Landlord hereby reserves the right, but shall not have the obligation, to recognize the continued possession of any subtenant. The delivery or surrender to Landlord by or on behalf of Tenant of keys, entry codes, or other means to bypass security at the Premises shall not terminate this Lease. B. Continuation After Default. Even though an event of default may have occurred, this Lease shall continue in effect for so long as Landlord does not terminate Tenant's right to possession under Section 28.213 hereof. Landlord shall have the remedy described in California Civil Code Section 1951.4 ("Landlord may continue this Lease in effect after Tenant's breach and abandonment and recover Rent as it becomes due, if Tenant has the right to sublet or assign, subject only to reasonable limitations"), or any successor code section. Accordingly, if Landlord does not elect to terminate this Lease on account of any event of default by Tenant, Landlord may enforce all of Landlord's rights and remedies under this Lease, including the right to recover Rent as it becomes due. Acts of maintenance, preservation or efforts to lease the Premises or the appointment of a receiver under application of Landlord to protect Landlord's interest under this Lease or other entry by Landlord upon the Premises shall not constitute an election to terminate Tenant's right to possession. C. Increased Security Deposit. If Tenant is in default under Section 28.1B hereof and such default remains uncured for ten (10) days after such occurrence or such default occurs more than two (2) times in any twelve (12)-month period, Landlord may require that Tenant increase the Security Deposit to the amount of three times the current month's Rent at the time of the most recent default. D. Mitigation of Damages. Both Landlord and Tenant shall each use commercially reasonable efforts to mitigate any damages resulting from a default of the other party under this Lease. 28.3 Damages After Default. Should Landlord terminate this Lease pursuant to the provisions of Section 28.2A hereof, Landlord shall have the rights and remedies of a Landlord provided by Section 1951.2 of the Civil Code of the State of California, or any successor code sections. Upon such termination, in addition to any other rights and remedies to which Landlord may be entitled under applicable law or at equity, Landlord shall be entitled to recover from Tenant: (1) the worth at the time of award of the unpaid Rent and other amounts which had been earned at the time of termination, (2) the worth at the time of award of the amount by which the unpaid Rent and other amounts that would have been earned after the date of termination until the time of award exceeds the amount of such Rent loss that Tenant proves could have been reasonably avoided; (3) the worth at the time of award of the amount by which the unpaid Rent and other amounts for the balance of the Term after the time of award exceeds the amount of such Rent loss that the Tenant proves could be reasonably avoided; and (4) any other amount and court costs necessary to compensate Landlord for all detriment proximately caused by Tenant's failure to perform Tenant's obligations under this Lease or which, in the ordinary course of things, would be likely to result therefrom. The "worth at the time of award" as used in (1) and (2) above shall be computed at the Applicable Interest Rate (defined below). The "worth at the time of award" as used in (3) above shall be computed by discounting such amount at the Federal Discount Rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%). If this Lease provides for any periods during the Term during which Tenant is not required to pay Base Rent or if Tenant otherwise receives a Rent concession, then upon the occurrence of an event of default, Tenant shall owe to Landlord the full amount of such Base Rent or value of such Rent concession, plus interest at the Applicable Interest Rate, calculated from the date that such Base Rent or Rent concession would have been payable. 28.4 Late Charge. In addition to its other remedies, Landlord shall have the right without notice or demand to add to the amount of any payment required to be made by Tenant hereunder, and which is not paid and received by Landlord within five (5) days of the due date, an amount equal to an amount equal to five percent (5%) of the delinquent amount, or $100.00, whichever is greater, for each month or portion thereof that the delinquency remains outstanding to compensate Landlord for the loss of the use of the amount not paid and the administrative costs caused by the delinquency, the parties agreeing that Landlord's damage by virtue of such delinquencies would be extremely difficult and impracticable to compute and the amount stated herein represents a reasonable estimate thereof. Any waiver by Landlord of any late charges or failure to claim the same shall not constitute a waiver of other late charges or any other remedies available to Landlord. 28.5 Interest. Interest shall accrue on all sums not paid when due hereunder at the lesser of eighteen percent (18%) per annum or the maximum interest rate allowed by law ("Applicable Interest Rate") from the due date until paid. 28.6 Remedies Cumulative. All of Landlord's rights, privileges and elections or remedies are cumulative and not alternative, to the extent permitted by law and except as otherwise provided herein. 28.7 Replacement of Statutory Notice Requirements. When this Lease requires service of a notice, that notice shall replace rather than supplement any equivalent or similar statutory notice, including any notice required by California Code of Civil Procedure Section 1161 or any similar or successor statute. When a statute requires service of a notice in a particular manner, service of that notice (or a similar notice required by this Lease) in the manner required by this Section 28 shall replace and satisfy the statutory service -of -notice procedures, including those required by California Code of Civil Procedure Section 1162 or any similar or successor statute. 29. LIENS. Tenant shall at all times keep the Premises and the Building free from liens arising out of or related to work or services performed, materials or supplies furnished or obligations incurred by or on behalf of Tenant or in connection with work made, suffered or done by or on behalf of Tenant in or on the Premises or the Building. If Tenant shall not, within ten (10) days following the imposition of any such lien, cause the same to be released of record by payment or posting of a proper bond, Landlord shall have, in addition to all other remedies provided herein and by law, the right, but not the obligation, to cause the same to be released by such means as Landlord shall deem proper, including payment of the claim giving rise to such lien. All sums paid by Landlord on behalf of Tenant and all expenses incurred by Landlord in connection therefor shall be payable to Landlord by Tenant on demand with interest at the Applicable Interest Rate as Additional Rent. Landlord shall have the right at all times to post and keep posted on the Premises any notices permitted or required by law, or which Landlord shall deem proper, for the protection of Landlord, the Premises, and any other party having an interest therein, from mechanics' and materialmen's liens, and Tenant shall give Landlord not less than ten (10) business days' prior written notice of the commencement of any work in the Premises which could lawfully give rise to a claim for mechanics' or materialmen's liens to permit Landlord to post and record a timely notice of non -responsibility, as Landlord may elect to proceed or as the law may from time to time provide, for which purpose, if Landlord shall so determine, Landlord may enter the Premises. Tenant shall not remove any such notice posted by Landlord without Landlord's consent, and in any event not before completion of the work which could lawfully give rise to a claim for mechanics' or materialmen's liens. 30. Reserved 31. TRANSFERS BY LANDLORD. In the event of a sale or conveyance by Landlord of the Building or a foreclosure by any creditor of Landlord, the same shall operate to release Landlord from any liability upon any of the covenants or conditions, express or implied, herein contained in favor of Tenant, to the extent required to be performed after the passing of title to Landlord's successor -in - interest. In such event, Tenant agrees to look solely to the responsibility of the successor -in -interest of Landlord under this Lease with respect to the performance of the covenants and duties of "Landlord" to be performed after the passing of title to Landlord's successor -in -interest. This Lease shall not be affected by any such sale and Tenant agrees to attorn to the purchaser or assignee. Landlord's successor(s)-in- interest shall not have liability to Tenant with respect to the failure to perform any of the obligations of "Landlord," to the extent required to be performed prior to the date such successor(s)-in-interest became the owner of the Building. 32. RIGHT OF LANDLORD TO PERFORM TENANT'S COVENANTS. All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any abatement of Rent. If Tenant shall fail to pay any sum of money, other than Base Rent, required to be paid by Tenant hereunder or shall fail to perform any other act on Tenant's part to be performed hereunder, including Tenant's obligations under Section 11 hereof, and such failure shall continue for fifteen (15) days after notice thereof by Landlord, in addition to the other rights and remedies of Landlord, Landlord may make any such payment and perform any such act on Tenant's part. In the case of an emergency, no prior notification by Landlord shall be required. Landlord may take such actions without any obligation and without releasing Tenant from any of Tenant's obligations. All sums so paid by Landlord and all incidental costs incurred by Landlord and interest thereon at the Applicable Interest Rate, from the date of payment by Landlord, shall be paid to Landlord on demand as Additional Rent. 33. WAIVER. If either Landlord or Tenant waives the performance of any term, covenant or condition contained in this Lease, such waiver shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, or constitute a course of dealing contrary to the expressed terms of this Lease. The acceptance of Rent by Landlord (including, without limitation, through any "lockbox") shall not constitute a waiver of any preceding breach by Tenant of any term, covenant or condition of this Lease, regardless of Landlord's knowledge of such preceding breach at the time Landlord accepted such Rent. Failure by Landlord to enforce any of the terms, covenants or conditions of this Lease for any length of time shall not be deemed to waive or decrease the right of Landlord to insist thereafter upon strict performance by Tenant. Waiver by Landlord of any term, covenant or condition contained in this Lease may only be made by a written document signed by Landlord, based upon full knowledge of the circumstances. 34. NOTICES. Each provision of this Lease or of any applicable governmental laws, ordinances, regulations and other requirements with reference to sending, mailing, or delivery of any notice or the making of any payment by Landlord or Tenant to the other shall be deemed to be complied with when and if the following steps are taken: 34.1 Rent. All Rent and other payments required to be made by Tenant to Landlord hereunder shall be payable to Landlord at Landlord's Payment Address set forth in the Basic Lease Information, or at such other address as Landlord may specify from time to time by written notice delivered in accordance herewith. Tenant's obligation to pay Rent and any other amounts to Landlord under the terms of this Lease shall not be deemed satisfied until such Rent and other amounts have been actually received by Landlord. 34.2 Other. All notices, demands, consents and approvals which may or are required to be given by either party to the other hereunder shall be in writing and either personally delivered, sent by commercial overnight courier, mailed, certified or registered, postage prepaid or sent by facsimile or electronic mail with confirmed receipt (and with an original sent by commercial overnight courier or U.S. mail), and in each case addressed to the party to be notified at the Notice Address for such party as specified in the Basic Lease Information or to such other place as the party to be notified may from time to time designate by at least fifteen (15) days' notice to the notifying party. Notices shall be deemed served upon receipt or refusal to accept delivery. Tenant appoints as its agent to receive the service of all default notices and notice of commencement of unlawful detainer proceedings the person in charge of or apparently in charge of occupying the Premises at the time, and, if there is no such person, then such service may be made by attaching the same on the main entrance of the Premises. 34.3 Required Notices. Tenant shall immediately notify Landlord in writing of any notice of a violation or a potential or alleged violation of any Regulation that relates to the Premises, or of any inquiry, investigation, enforcement or other action that is instituted or threatened by any governmental or regulatory agency against Tenant or any other occupant of the Premises, or any claim that is instituted or threatened by any third party that relates to the Premises. 34.4 Tenant's Lenders and Equipment. In the event that Tenant seeks to obtain a loan from a lender ("Lender") and to secure said loan by Tenant's leasehold interest, furniture, fixtures or equipment ("FFE"), copies of all notices given in connection with said loan shall require that the Lender provide the Landlord with all notices given in connection with said loan. Provided that the Landlord receives a written request from the Tenant pursuant to this Section 34.4, the City agrees to provide such Lender with copies of all notices given hereunder to Tenant when and in the same manner given to Tenant at such address as Lender furnishes to Landlord. Without waiving any of the obligations of the Tenant pursuant to this Lease, Landlord agrees to accept payment of Rent from Lender by and on behalf of Tenant. 35. ATTORNEYS' FEES. If Landlord places the enforcement of this Lease, or any part thereof, or the collection of any Rent due, or to become due hereunder, or recovery of possession of the Premises in the hands of an attorney, Tenant shall pay to Landlord, upon demand, Landlord's reasonable attorneys' fees and court costs, whether incurred without trial, at trial, appeal or review. In any action which Landlord or Tenant brings to enforce its respective rights hereunder, the unsuccessful party shall pay all costs incurred by the prevailing party including reasonable attorneys' fees, to be fixed by the court, and said costs and attorneys' fees shall be a part of the judgment in said action. 36. SUCCESSORS AND ASSIGNS. This Lease shall be binding upon and inure to the benefit of Landlord, its successors and assigns, and shall be binding upon and inure to the benefit of Tenant, its successors, and to the extent assignment is approved by Landlord as provided hereunder, Tenant's assigns. 37. FORCE MAJEURE. If performance by a party of any portion of this Lease is made impossible by any prevention, delay, or stoppage caused by strikes, lockouts, labor disputes, acts of God, inability to obtain services, labor, or materials or reasonable substitutes for those items, government actions, civil commotions, fire or other casualty, or other causes beyond the reasonable control of the party obligated to perform, performance by that party for a period equal to the period of that prevention, delay, or stoppage is excused. Tenant's obligation to pay Rent, however, is not excused by this Section 37. Either party shall have the right to terminate this Lease in the event of Force Majeure for a consecutive twelve (12)-month period. 38. SURRENDER OF PREMISES. Tenant shall, upon expiration or sooner termination of this Lease, surrender the Premises to Landlord in the same condition as existed on the date Tenant originally took possession thereof, including, but not limited to, all interior walls cleaned, all interior painted surfaces repainted in the original color, all holes in walls repaired, all carpets shampooed and cleaned, and all floors cleaned, waxed, and free of any Tenant -introduced marking or painting, all to the reasonable satisfaction of Landlord. At or before the time of surrender, Tenant shall comply with the terms of Section 12.1 hereof with respect to Alterations to the Premises and all other matters addressed in such Section. If the Premises are not so surrendered at the expiration or sooner termination of this Lease, the provisions of Section 25 hereof shall apply. All keys to the Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination of the Term. Tenant shall give written notice to Landlord at least thirty (30) days prior to vacating the Premises and shall meet with Landlord for a joint inspection of the Premises at the time of vacating, but nothing contained herein shall be construed as an extension of the Term or as a consent by Landlord to any holding over by Tenant. In the event of Tenant's failure to give such notice or participate in such joint inspection, Landlord's inspection at or after Tenant's vacating the Premises shall conclusively be deemed correct for purposes of determining Tenant's responsibility for repairs and restoration. Any delay caused by Tenant's failure to carry out its obligations under this Section 38 beyond the term hereof, shall constitute unlawful and illegal possession of Premises under Section 27 hereof. 39. PARKING. Landlord and Tenant acknowledge that City of Burlingame leases parking spots adjacent to the Premises. Tenant agrees to use only the parking areas designated by the City of Burlingame, and that it's guests and/or customers will do the same. City of Burlingame and Landlord shall have no liability for any damage to property or other items located in the parking areas of the Premises, nor for any personal injuries or death arising out of the use of parking areas adjacent to the Premises by Tenant or any Tenant's Parties. Without limiting the foregoing, if City of Burlingame arranges for the parking areas to be operated by an independent contractor not affiliated with City of Burlingame, Tenant acknowledges that neither Landlord (nor City of Burlingame, if different from Landlord) shall have any liability for claims arising through acts or omissions of such independent contractor. In all events, Tenant agrees to look first to its insurance carrier and to require that Tenant's Parties look first to their respective insurance carriers for payment of any losses sustained in connection with any use of the parking areas. 40. CONTINUOUS OPERATION. 40.1 Tenant Operations/Recapture. Tenant shall open for business to the public for at least one (1) day with the Premises fully fixturized and stocked with merchandise and inventory on or before the Commencement Date. Except with specific, prior approval of Landlord, Tenant shall not display or sell any merchandise or allow vending machines to be stored or remain on the sidewalk or elsewhere outside of the defined exterior of the Premises. If subsequent to commencing the operation of Tenant's business from within the Premises, Tenant ceases the operation of its business from within the Premises for its Permitted Use for more than thirty (30) consecutive days except in the case of temporary closures due to an event of casualty, condemnation, remodels or in force majeure events such as strikes, lockouts, labor disputes, inability to procure materials, power failure, or events of a similar nature, Landlord shall have the right to recapture possession of the Premises and terminate this Lease by providing Tenant with written notice of Landlord's election to do so (hereinafter referred to as the "Recapture Notice"). This Lease shall terminate on the date set forth in the Recapture Notice, which date shall in any event be within 30 days of the date of the Recapture Notice (the "Recapture Date"), provided, however, nothing in this Section 40 shall release Tenant from its obligation to pay Landlord all payments of Rent due under the terms of this Lease prior to such Recapture Date. If the Recapture Date occurs within the first five (5) years of the Term, Tenant shall reimburse to Landlord the unamortized amount of leasing commissions incurred by Landlord under this Lease, amortized over the initial term of this Lease. Subject to the foregoing, upon the Recapture Date: (i) all obligations of both parties shall terminate, and (ii) the Lease shall have no further force or effect. 40.3 Radius Restriction. During the Term, neither Tenant nor any entity affiliated with Tenant will own, operate, or have any financial interest in any business similar to the business of Tenant, or operating under the same or a similar trade name as set forth in Basic Lease Information, if such other business is opened after the Effective Date and its front door or storefront opening is located within the Radius Restriction set forth in Basic Lease Information. Without limiting Landlord's remedies, if Tenant violates this covenant, then Landlord, for so long as Tenant is operating the other business, may (a) include the gross sales (as the term Gross Sales is defined in this Lease) of the other business in the Gross Sales made from the Premises for the purpose of computing Percentage Rent; (b) terminate this Lease on written notice to Tenant; or (c) increase the Base Rent in effect during the period of the violation of this covenant by twenty-five percent (25%). Landlord or its authorized representative, at all reasonable times during the Term and for a period of at least three (3) years after expiration or earlier termination of this Lease, has the right to inspect, audit, copy, and make extracts of the books, records, and accounts pertaining to such other business, in the manner set forth in Section 6.2C, for the purpose of determining and verifying the additional Percentage Rent due to Landlord under this Section 40. 41. MISCELLANEOUS. 41.1 General. The term "Tenant" or any pronoun used in place thereof shall indicate and include the masculine or feminine, the singular or plural number, individuals, firms or corporations, and their respective successors, executors, administrators and permitted assigns, according to the context hereof. 41.2 Time. Time is of the essence regarding this Lease and all of its provisions. 41.3 Choice of Law. This Lease shall in all respects be governed by the laws of the State of California. 41.4 Entire Agreement. This Lease, together with its Exhibits, addenda and attachments and the Basic Lease Information, contains all the agreements of the parties hereto and supersedes any previous negotiations. There have been no representations made by the Landlord or understandings made between the parties other than those set forth in this Lease and its Exhibits, addenda and attachments and the Basic Lease Information. 41.5 Modification. This Lease may not be modified except by a written instrument signed by the parties hereto. Tenant accepts the area of the Premises as specified in the Basic Lease Information as the approximate area of the Premises for all purposes under this Lease, and acknowledges and agrees that no other definition of the area (rentable, usable or otherwise) of the Premises shall apply. Tenant shall in no event be entitled to a recalculation of the square footage of the Premises, rentable, usable or otherwise, and no recalculation, if made, irrespective of its purpose, shall reduce Tenant's obligations under this Lease in any manner, including without limitation the amount of Base Rent payable by Tenant. 41.6 Severability. If, for any reason whatsoever, any of the provisions hereof shall be unenforceable or ineffective, all of the other provisions shall be and remain in full force and effect. 41.7 Recordation. Tenant shall not record this Lease or a short form memorandum hereof without Landlord's prior written approval. 41.8 Examination of Lease. Submission of this Lease to Tenant does not constitute an option or offer to lease and this Lease is not effective otherwise until execution and delivery by both Landlord and Tenant. 41.9 Accord and Satisfaction. No payment by Tenant of a lesser amount than the total Rent due nor any endorsement on any check or letter accompanying any check or payment of Rent shall be deemed an accord and satisfaction of full payment of Rent, and Landlord may accept such payment without prejudice to Landlord's right to recover the balance of such Rent or to pursue other remedies. All offers by or on behalf of Tenant of accord and satisfaction are hereby rejected in advance. 41.10 Easements. Reserved 41.11 Drafting and Determination Presumption. The parties acknowledge that this Lease has been agreed to by both the parties, that both Landlord and Tenant have consulted with attorneys with respect to the terms of this Lease and that no presumption shall be created against Landlord because Landlord drafted this Lease. Except as otherwise specifically set forth in this Lease, with respect to any consent, determination or estimation of Landlord required or allowed in this Lease or requested of Landlord, Landlord's consent, determination or estimation shall be given or made solely by Landlord in Landlord's good faith opinion, whether or not objectively reasonable. If Landlord fails to respond to any request for its consent within the time period, if any, specified in this Lease, Landlord shall be deemed to have disapproved such request. 41.12 Exhibits. The Basic Lease Information, and the Exhibits, addenda and attachments attached hereto are hereby incorporated herein by this reference and made a part of this Lease as though fully set forth herein. 41.13 No Light, Air or View Easement. Any diminution or shutting off of light, air or view by any structure which may be erected on lands adjacent to or in the vicinity of the Building shall in no way affect this Lease or impose any liability on Landlord. 41.14 No Third Party Benefit. This Lease is a contract between Landlord and Tenant and nothing herein is intended to create any third party benefit. 41.15 Quiet Enjoyment. Upon payment by Tenant of the Rent, and upon the observance and performance of all of the other covenants, terms and conditions on Tenant's part to be observed and performed, Tenant shall peaceably and quietly hold and enjoy the Premises for the term hereby demised without hindrance or interruption by Landlord or any other person or persons lawfully or equitably claiming by, through or under Landlord, subject, nevertheless, to all of the other terms and conditions of this Lease. Landlord shall not be liable for any hindrance, interruption, interference, or disturbance by other tenants or third persons, nor shall Tenant be released from any obligations under this Lease because of such hindrance, interruption, interference or disturbance. 41.16 Counterparts. This Lease may be executed in any number of counterparts, each of which shall be deemed an original. 41.17 Multiple Parties. If more than one person or entity is named herein as Tenant, such multiple parties shall have joint and several responsibility to comply with the terms of this Lease. 41.18 Prorations. Any Rent or other amounts payable to Landlord by Tenant hereunder for any fractional month shall be prorated based on a month of 30 days. As used herein, the term "fiscal year" shall mean the calendar year or such other fiscal year as Landlord may deem appropriate. 42. ADDITIONAL PROVISIONS. 42.1 Reserved 42.2 Guarantor. If there are any guarantors of this Lease, said guarantors shall have the same obligations as Tenant under this Lease, and shall execute a guaranty in the form attached hereto as Exhibit E. 42.3 Guard Service. Tenant hereby acknowledges that Landlord shall have no obligation whatsoever to provide guard service or other security measures for the benefit of the Premises or the Building. Tenant assumes all responsibility for the protection of Tenant, its agents, employees, contractors, customers and invitees and the property of Tenant and of Tenant's agents, employees, contractors, customers and invitees, from acts of third parties. 43. GOVERNING LAW; WAIVER OF TRIAL BY JURY. THIS LEASE SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA. IN ANY ACTION OR PROCEEDING ARISING HEREFROM, LANDLORD AND TENANT HEREBY CONSENT TO (I) THE JURISDICTION OF ANY COMPETENT COURT WITHIN THE STATE OF CALIFORNIA, (II) SERVICE OF PROCESS BY ANY MEANS AUTHORIZED BY CALIFORNIA LAW, AND (III) IN THE INTEREST OF SAVING TIME AND EXPENSE, TRIAL WITHOUT A JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY EITHER OF THE PARTIES HERETO AGAINST THE OTHER OR THEIR SUCCESSORS IN RESPECT OF ANY MATTER ARISING OUT OF OR IN CONNECTION WITH THIS LEASE, THE RELATIONSHIP OF LANDLORD AND TENANT, TENANT'S USE OR OCCUPANCY OF THE PREMISES, AND/OR ANY CLAIM FOR INJURY OR DAMAGE, OR ANY EMERGENCY OR STATUTORY REMEDY. 44. ARBITRATION OF DISPUTES. IN THE EVENT THAT THE JURY WAIVER PROVISIONS OF SECTION 43 ABOVE ARE NOT ENFORCEABLE UNDER CALIFORNIA LAW, THEN THE FOLLOWING PROVISIONS OF THIS SECTION 44 SHALL APPLY. IT IS THE DESIRE AND INTENTION OF THE PARTIES TO AGREE UPON A MECHANISM AND PROCEDURE UNDER WHICH CONTROVERSIES AND DISPUTES ARISING OUT OF THIS LEASE OR RELATED TO THE PREMISES WILL BE RESOLVED IN A PROMPT AND EXPEDITIOUS MANNER. ACCORDINGLY, EXCEPT WITH RESPECT TO ACTIONS FOR UNLAWFUL OR FORCIBLE DETAINER OR WITH RESPECT TO THE PREJUDGMENT REMEDY OF ATTACHMENT, ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY EITHER PARTY HERETO AGAINST THE OTHER (AND/OR AGAINST ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUBSIDIARY OR AFFILIATED ENTITIES) ON ANY MATTERS WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS LEASE, TENANT'S USE OR OCCUPANCY OF THE PREMISES AND/OR ANY CLAIM OF INJURY OR DAMAGE, SHALL BE HEARD AND RESOLVED BY A REFEREE UNDER THE PROVISIONS OF THE CALIFORNIA CODE OF CIVIL PROCEDURE, SECTIONS 638 - 645.1, INCLUSIVE (AS SAME MAY BE AMENDED, OR ANY SUCCESSOR STATUTE(S) THERETO) (THE "REFEREE SECTIONS"). ANY FEE TO INITIATE THE JUDICIAL REFERENCE PROCEEDINGS SHALL BE PAID BY THE PARTY INITIATING SUCH PROCEDURE; PROVIDED HOWEVER, THAT THE COSTS AND FEES, INCLUDING ANY INITIATION FEE, OF SUCH PROCEEDING SHALL ULTIMATELY BE BORNE IN ACCORDANCE WITH SECTION 35. THE VENUE OF THE PROCEEDINGS SHALL BE IN THE COUNTY IN WHICH THE PREMISES ARE LOCATED. WITHIN TEN (10) DAYS OF RECEIPT BY ANY PARTY OF A WRITTEN REQUEST TO RESOLVE ANY DISPUTE OR CONTROVERSY PURSUANT TO THIS SECTION 44, THE PARTIES SHALL AGREE UPON A SINGLE REFEREE WHO SHALL TRY ALL ISSUES, WHETHER OF FACT OR LAW, AND REPORT A FINDING AND JUDGMENT ON SUCH ISSUES AS REQUIRED BY THE REFEREE SECTIONS. IF THE PARTIES ARE UNABLE TO AGREE UPON A REFEREE WITHIN SUCH TEN (10)-DAY PERIOD, THEN ANY PARTY MAY THEREAFTER FILE A LAWSUIT IN THE COUNTY IN WHICH THE PREMISES ARE LOCATED FOR THE PURPOSE OF APPOINTMENT OF A REFEREE UNDER CALIFORNIA CODE OF CIVIL PROCEDURE SECTIONS 638 AND 640, AS SAME MAY BE AMENDED OF ANY SUCCESSOR STATUTE(S) THERETO. IF THE REFEREE IS APPOINTED BY THE COURT, THE REFEREE SHALL BE A NEUTRAL AND IMPARTIAL RETIRED JUDGE WITH SUBSTANTIAL EXPERIENCE IN THE RELEVANT MATTERS TO BE DETERMINED, FROM JAMS/ENDISPUTE, INC., THE AMERICAN ARBITRATION ASSOCIATION OR SIMILAR MEDIATION/ARBITRATION ENTITY. THE PROPOSED REFEREE MAY BE CHALLENGED BY ANY PARTY FOR ANY OF THE GROUNDS LISTED IN SECTION 641 OF THE CALIFORNIA CODE OF CIVIL PROCEDURE, AS SAME MAY BE AMENDED OR ANY SUCCESSOR STATUTE(S) THERETO. THE REFEREE SHALL HAVE THE POWER TO DECIDE ALL ISSUES OF FACT AND LAW AND REPORT HIS OR HER DECISION ON SUCH ISSUES, AND TO ISSUE ALL RECOGNIZED REMEDIES AVAILABLE AT LAW OR IN EQUITY FOR ANY CAUSE OF ACTION THAT IS BEFORE THE REFEREE, INCLUDING AN AWARD OF ATTORNEYS' FEES AND COSTS IN ACCORDANCE WITH CALIFORNIA LAW. THE REFEREE SHALL NOT, HOWEVER, HAVE THE POWER TO AWARD PUNITIVE DAMAGES, NOR ANY OTHER DAMAGES WHICH ARE NOT PERMITTED BY THE EXPRESS PROVISIONS OF THIS LEASE, AND THE PARTIES HEREBY WAIVE ANY RIGHT TO RECOVER ANY SUCH DAMAGES. THE PARTIES SHALL BE ENTITLED TO CONDUCT ALL DISCOVERY AS PROVIDED IN THE CALIFORNIA CODE OF CIVIL PROCEDURE, AND THE REFEREE SHALL OVERSEE DISCOVERY AND MAY ENFORCE ALL DISCOVERY ORDERS IN THE SAME MANNER AS ANY TRIAL COURT JUDGE, WITH RIGHTS TO REGULATE DISCOVERY AND TO ISSUE AND ENFORCE SUBPOENAS, PROTECTIVE ORDERS AND OTHER LIMITATIONS ON DISCOVERY AVAILABLE UNDER CALIFORNIA LAW. THE REFERENCE PROCEEDING SHALL BE CONDUCTED IN ACCORDANCE WITH CALIFORNIA LAW (INCLUDING THE RULES OF EVIDENCE), AND IN ALL REGARDS, THE REFEREE SHALL FOLLOW CALIFORNIA LAW APPLICABLE AT THE TIME OF THE REFERENCE PROCEEDING. IN ACCORDANCE WITH SECTION 644 OF THE CALIFORNIA CODE OF CIVIL PROCEDURE, THE DECISION OF THE REFEREE UPON THE WHOLE ISSUE MUST STAND AS THE DECISION OF THE COURT, AND UPON THE FILING OF THE STATEMENT OF DECISION WITH THE CLERK OF THE COURT, OR WITH THE JUDGE IF THERE IS NO CLERK, JUDGMENT MAY BE ENTERED THEREON IN THE SAME MANNER AS IF THE ACTION HAD BEEN TRIED BY THE COURT. THE PARTIES SHALL PROMPTLY AND DILIGENTLY COOPERATE WITH ONE ANOTHER AND THE REFEREE, AND SHALL PERFORM SUCH ACTS AS MAY BE NECESSARY TO OBTAIN A PROMPT AND EXPEDITIOUS RESOLUTION OF THE DISPUTE OR CONTROVERSY IN ACCORDANCE WITH THE TERMS OF THIS SECTION 44. TO THE EXTENT THAT NO PENDING LAWSUIT HAS BEEN FILED TO OBTAIN THE APPOINTMENT OF A REFEREE, ANY PARTY, AFTER THE ISSUANCE OF THE DECISION OF THE REFEREE, MAY APPLY TO THE COURT OF THE COUNTY IN WHICH THE PREMISES ARE LOCATED FOR CONFIRMATION BY THE COURT OF THE DECISION OF THE REFEREE IN THE SAME MANNER AS A PETITION FOR CONFIRMATION OF AN ARBITRATION AWARD PURSUANT TO CODE OF CIVIL PROCEDURE SECTION 1285 ET SEQ. (AS SAME MAY BE AMENDED OR ANY SUCCESSOR STATUTE(S) THERETO). IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the day and the year first above written. LANDLORD City of Burlingame, a municipal corporation By: Its: Date: APPROVED AS TO FORM: City Attorney TENANT Gabriel's Mexican Grill By: Its: Date: Exhibit A-1 Premises Description/Floor Plan The facility is a 4,200 square foot building that includes retail space, offices, merchandise and supply storage, two bathrooms, and 1,000 square feet of food preparation, food storage, and indoor food service. The lease area includes the 1,000 square feet of food preparation, food storage, and indoor food service as noted in the building floor plan below. In addition, the area noted as Cafe/Seating and restrooms (2) are included as part of the lease. CITY OF SURLINGAME GOLF CENTER Q w w- > i rr 0 ILL Building floor Plan - Exhibit H ' September 3.1998 4 t { 04 NA - mob. S6 o; tff ? Exhibit B Rules and Regulations A. GENERAL RULES AND REGULATIONS No sign, advertisement, name or notice shall be installed or displayed on any part of the outside of the Premises without the prior written consent of Landlord. Landlord shall have the right to remove, at Tenant's expense and without notice, any sign installed or displayed in violation of this rule. All approved signs or lettering on doors and walls shall be printed, painted, affixed or inscribed at the expense of Tenant by a person approved by Landlord, using materials and in a style and format approved by Landlord. 2. Tenant shall not place anything or allow anything to be placed near the glass of any window, door, partition or wall which may appear unsightly from outside the Premises, in Landlord's sole discretion. No awnings or other projection shall be attached to the outside walls of the Premises without the prior written consent of Landlord. 3. Tenant shall not obstruct any sidewalks, halls, passages, exits, entrances, or loading docks of the Premises. Neither Tenant nor any employee, invitee, agent, licensee or contractor of Tenant shall go upon or be entitled to use any portion of the roof of the Premises without the prior written consent of Landlord. 4. Reserved All cleaning and janitorial services for the Premises shall be provided, at Tenant's sole cost and expense, exclusively by or through Tenant or Tenant's janitorial contractors in accordance with the provisions of Tenant's Lease. Tenant shall not cause any unnecessary labor by carelessness or indifference to the good order and cleanliness of the Premises. 6. Tenant, upon termination of its tenancy, shall deliver to Landlord the keys of all doors and any other locks to the Premises which have been furnished to, or otherwise procured by Tenant. 7. Electric wires, telephones, alarm systems, cable systems, satellite network systems, Internet provider systems or other similar apparatus shall not be installed in the Premises except with the approval and under the direction of Landlord. The location of telephones, call boxes, alarm apparatus, communications equipment and any other equipment affixed to the Premises shall be subject to the approval of Landlord. Any installation of telephones, telegraphs, electric wires, alarm systems, cable systems, satellite network systems, Internet provider systems or other electric apparatus made without permission shall be removed by Tenant at Tenant's own expense. Tenant shall not use or keep in the Premises any kerosene, gasoline or inflammable or combustible fluid or material other than those limited quantities necessary for the operation or maintenance of office equipment, subject to any express provisions of Tenant's Lease to the contrary. Tenant shall not use or permit to be used in the Premises any foul or noxious gas or substance, or permit or allow the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Premises by reason of noise, odors or vibrations, nor shall Tenant bring into or keep in or about the Premises any birds or animals. 9. Tenant shall not use any method of heating or air conditioning other than that supplied by Landlord without the prior written consent of Landlord. 10. Landlord reserves the right from time to time, in Landlord's sole and absolute discretion, exercisable without prior notice and without liability to Tenant: (a) to name or change the name of the Premises or Building; (b) to change the address of the Premises or Building, and/or (c) to install, replace or change any signs in, on or about the Premises or Building (except for Tenant's signs, if any, which are expressly permitted by Tenant's Lease). 11. Tenant shall close and lock all doors of its Premises and entirely shut off all water faucets or other water apparatus, unless otherwise needed for Tenant's business and, except with regard to Tenant's computers and other equipment, if any, which reasonably require electricity on a 24- hour basis, all electricity, gas or air outlets before Tenant and its employees leave the Premises. Tenant shall be responsible for any damage or injuries sustained by other tenants or occupants of the Premises or by Landlord for noncompliance with this rule. 12. The toilet rooms, toilets, urinals, wash bowls and other apparatus shall not be used for any purpose other than that for which they were constructed, and no foreign substances of any kind whatsoever shall be placed therein. 13. Tenant shall not install any radio or television antenna, loudspeaker, cable or other Internet device, or other device on the roof or exterior walls of the Premises. Tenant shall not interfere with radio, television, cable or Internet broadcasting or reception from or in the Building or elsewhere. 14. Except as expressly permitted in Tenant's Lease, Tenant shall not mark, drive nails, screw or drill into the partitions, window mullions, woodwork or plaster, or in any way deface the Premises or any part thereof, except to install normal wall hangings. Tenant shall repair any damage resulting from noncompliance under this rule. 15. Landlord reserves the right to exclude or expel from the Premises any person who, in Landlord's judgment, is intoxicated or under the influence of liquor or drugs or who is in violation of any other local, state or federal law. 16. Tenant shall store all its trash and garbage within its Premises or in designated trash containers or enclosures within the premises. Tenant shall not place in any trash box or receptacle any material which cannot be disposed of in the ordinary and customary manner of trash and garbage disposal. All garbage and refuse disposal shall be made in accordance with directions reasonably issued from time to time by Landlord. 17. Tenant agrees that it shall comply with all fire and security regulations that may be issued from time to time by Landlord, and Tenant also shall provide Landlord with the name of a designated responsible principal or employee to represent Tenant in all matters pertaining to such fire or security regulations. Tenant shall cooperate fully with Landlord in all matters concerning fire and other emergency procedures. 18. Tenant assumes any and all responsibility for protecting its Premises from theft, robbery and pilferage. Such responsibility shall include keeping doors locked and other means of entry to the Premises closed. 19. The requirements of Tenant will be attended to only upon the appropriate application to Landlord or Landlord's designated representative by an authorized individual. Employees of Landlord shall not perform any work or do anything outside of their regular duties unless under special instructions from Landlord. 20. Landlord may waive any one or more of these Rules and Regulations for the benefit of Tenant or any other tenant, but no such waiver by Landlord shall be construed as a waiver of such Rules and Regulations in favor of Tenant or any other such tenant, nor prevent Landlord from thereafter enforcing any such Rules and Regulations against any and all of the tenants in the Building. 21. Landlord reserves the right to make such other and reasonable Rules and Regulations as, in its judgment, may from time to time be needed for safety, security, care and cleanliness of the Premises and for the preservation of good order therein. Tenant agrees to abide by all such Rules and Regulations hereinabove stated and any additional rules and regulations which are adopted. 22. Tenant shall be responsible for the observance of all of the foregoing rules by Tenant's employees, agents, clients, customers, invitees or guests. Exhibit C Tenant Work NA Exhibit D Prohibited and Restricted Uses The following uses are prohibited under this Lease. All terms under this Section 1 shall have the meanings normally given to such terms. 1. No portion of the Premises shall be used for any non -retail use or for any of the following purposes: a flea market or a business selling so-called "second hand" goods, an establishment engaged in the business of selling, exhibiting or delivering pornographic or obscene materials; a so-called "head shop"; off-track betting parlor; a laundromat or dry-cleaning facility; a warehouse; a discotheque, dance hall, or adult entertainment facility; bowling alley; skating rink; billiard or pool hall; massage parlor; game parlor or video arcade or provision of any games in, on or around Premises including but not limited to, self -operated arcade games, mid -way games, games of skill, or virtual reality games; fitness center, workout facility, gym, health spa or studio, or exercise facility; a beauty school, barber college, reading room, place of instruction or any other operation catering primarily to students or trainees and not to retail customers; industrial, residential or manufacturing uses; house of worship; a medical marijuana dispensary or other business or activity related to the cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, distribution or sale of medical marijuana or a medical marijuana product or device; bar, tavern or cocktail lounge, unless it is operated in conjunction with a restaurant where the service of alcoholic beverages for on -premises consumption is ancillary to the restaurant business. 2. No portion of the Premises shall be used (i) for the maintenance of any nuisance or the conduct of any activity that violates public policy; (ii) for any activity that physically interferes with the business of any other owner or occupant of any other parcel or property; (iii) in violation of any law or governmental regulation; (iv) for any "sidewalk sales," or any other sales, promotional activities or displays of merchandise outside the exterior wall of the Premises; (v) for the storage of any items or vehicles, other than the storage of items within the confines of any building located within the Premises, which items are incidental to the business conducted thereon, and other than trash to be stored in appropriate containers within an enclosed trash area; (vi) to permit advertising media which can be heard or experienced from the exterior of the Premises, from which it emanates, such as flashing lights, searchlights, loudspeakers, phonographs, radios, televisions or any computer devices; (vii) for the distribution of any handbills, bumper stickers or other advertising devices on any vehicle parked in the parking area; or (viii) for any other unreasonable use not compatible with this location. Exhibit E Guarantor WE BURLINGAME AGENDA NO: 8f STAFF REPORT MEETING DATE: March 6, 2023 To: Honorable Mayor and City Council Date: March 6, 2023 From: Syed Murtuza, Director of Public Works — (650) 558-7230 Art Morimoto, Assistant Director of Public Works — (650)558-7230 Subject: Adoption of a Resolution Approving the License Agreement with San Mateo County Express Lanes Joint Powers Authority and Authorizing the City Manager to Execute the Agreement RECOMMENDATION Staff recommends that the City Council approve the attached License Agreement with the San Mateo County Express Lanes Joint Powers Authority (SMCEL-JPA) for express lane facilities within the City right-of-way and authorizing the City Manager to execute the agreement. BACKGROUND The San Mateo 101 Express Lanes Project will create 44 miles (22 miles in each direction) of new express lanes along US 101 between the San Mateo/Santa Clara County line and Interstate 380 in South San Francisco. The project is being constructed in two segments: the southern segment, from the San Mateo/Santa Clara County line to Whipple Avenue in Redwood City, and the northern segment, from Whipple Avenue to Interstate 380. Some of the facilities necessary for the operations of the express lanes were installed outside of Caltrans' right-of-way and on adjacent cities' rights of way. Examples of these facilities include pull boxes, conduits, cables, electrical meters and pedestals, transformers, photo electric units, etc. An encroachment permit was previously issued for the work occurring within Burlingame, but now that installation is complete, it is necessary for the SMCEL-JPA to enter into a License Agreement with the City to document the presence of these facilities. FISCAL IMPACT The San Mateo County Express Lanes Joint Powers Authority is responsible for maintaining the facilities at no cost to the City. EXHIBITS • Resolution • License Agreement 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME, CALIFORNIA, APPROVING THE LICENSE AGREEMENT WITH THE SAN MATEO COUNTY EXPRESS LANES JOINT POWERS AUTHORITY (SMCEL-JPA) AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT The City Council (the "Council") of the City of Burlingame (the "City") resolves as follows: WHEREAS, the San Mateo 101 Express Lanes Project will create 44 miles (22 miles in each direction) of new express lanes along US 101 between the San Mateo/Santa Clara County line and Interstate 380 in South San Francisco; and WHEREAS, some of the facilities necessary for the operations of the express lanes were installed within the rights of way of the City of Burlingame including, but not limited to, pull boxes, conduits, cables, electrical meters and pedestals, transformers, photo electric units, etc.; and WHEREAS, the City controls the public right-of-way where these facilities were installed and will remain for the long-term operation of the express lanes; and WHEREAS, the City agrees to allow the installation of these facilities within the public rights of way so long as the express lanes are in operation; and WHEREAS, SMCEL-JPA is responsible for maintaining the facilities at no cost to the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME RESOLVES AND ORDERS that the License Agreement with SMCEL-JPA, in the form attached hereto, is approved, and the City Manager is authorized to execute the License Agreement. Michael Brownrigg, Mayor I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame, certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 61" day of March, 2023 and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Meaghan Hassel -Shearer, City Clerk LICENSE This LICENSE AGREEMENT ("License"), made and entered into thisday of , 202_, by and between the City of Burlingame, California, a municipal corporation ("Licensor") and the San Mateo County Express Lanes Joint Powers Authority ("Licensee"). Together the Licensor and Licensee are referred to herein as "the Parties." RECITALS A. The Licensor owns or controls a certain parcel, easement or public right-of-way (the "Property") more particularly described in Exhibit A. B. The Licensee wishes to install facilities for long-term operation of the San Mateo County Express Lanes Project on the portions of the Licensor's Property as shown in Exhibit A (the "Premises"). C. The Licensor agrees that Licensee may install the Facilities on the Premises so long as Licensee maintains the Facilities under terms established by this License. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: License. Subject to the terms and conditions of this License, the Licensor licenses Licensee to construct, install, operate, maintain, repair, replace, and remove equipment as necessary for the operation of the San Mateo County Express Lanes Project (the "Facilities") on the Premises as more particularly shown on the drawing which is attached hereto as Exhibit A to this License. 2. Use. Licensee shall use the Premises solely for purposes of the operation of the San Mateo County Express Lanes Project. This License is limited to the usage expressly allowed and described in this License. Unless specifically provided otherwise herein, the Licensee shall have no right to locate any surface installation or to install fencing on any portion of the Premises. Licensee shall not during construction or otherwise, in Licensor's sole and reasonable judgment, impede access to or in any way obstruct, interfere with or hinder the use of any Licensor property. 3. Term and Termination. The term of this License shall commence upon issuance of all City approvals and/or entitlements required for installation of the Facilities, including but not limited to an encroachment permit. The term shall of this License shall cease when this License is terminated pursuant to this section of this License. Licensor may terminate this License in the event of Licensee's default of any License provisions and failure to cure within 60 days of written notice provided pursuant to Paragraph 23 of this License, or at any time with 120 days of written notice provided pursuant to Paragraph 23 of this License. 4. Installation and Conformi . with Approved Plans and Specifications. At its own expense, Licensee shall design, install and construct the Facilities of such material, and in a manner that will not at any time be a source of danger to, or interfere with the Licensor's present or future use of the Premises, including but not limited to, use of the Premises as public right-of-way, or the use of the Premises by any utility presently franchised by the Licensor with installations in place at the time this License is entered into. If prior to installation, Licensor determines that the Licensee's proposed installation will interfere with existing or proposed Licensor Page 1 installations or any underground installations that predate this License, then Licensee shall at its sole expense redesign the Facilities to eliminate the interference as described by Licensor. The Facilities shall be constructed, installed, and maintained in conformity with the Licensor - approved plans and specifications, which are incorporated and hereby approved by reference. The Parties agree that the presentation of plans and specifications of the Facilities shall be a discretionary approval of the plan or design by the Licensee and a determination by Licensee that such plans or design are reasonable, and that the approval of the plans and specifications shall be a discretionary approval of the plan or design by the Licensor and a determination by Licensor that the plans and designs are reasonable. Before performing any construction, Licensee's contractors shall obtain all permits and insurance required by Licensor for work within the right-of-way and will pay all fees and reimburse Licensor for all reasonable and necessary costs incurred in inspecting and supervising the work performed. After installation of the Facilities, Licensee shall back -fill, compact, repair and repave all resulting trenches, curbs, gutters and pavement to the satisfaction of the Licensor, in accordance with Licensor's standard designs and specifications. If, in the sole judgment of Licensor, Licensee at any time fails to perform its obligations under this section, Licensor, at its option, may perform whatever work it deems necessary for the public safety, health and welfare, and Licensee shall reimburse Licensor within thirty (30) days after Licensor invoices Licensee for the actual cost to Licensor of performing such work. However, Licensor is not required to perform such work, and any failure by Licensor to perform Licensee's obligations shall not release Licensee from liability for any loss or damage caused by Licensee's failure to perform its obligations. Installation and maintenance of the Facilities shall be accomplished in a manner which will not unreasonably impede Licensor's access to the Premises or impede its use for operation and maintenance of infrastructure, as determined by Licensor. The timing and manner of such construction, maintenance, and removal shall be done in compliance with the Licensor's requirements. If the Facilities or any part thereof creates an emergency condition, and Licensor determines that the situation makes it unreasonable to notify Licensee or await action by Licensee, Licensor may take whatever actions it deems necessary to remedy the emergency situation at the sole expense of Licensee and Licensee will reimburse the Licensor within thirty (30) days after the Licensor invoices Licensee for its actual cost of performing such work. 5. Removal. If operation of the San Mateo County Express Lanes permanently ends or ceases for a period of time greater than 12 months, or should the Facilities be rendered unusable, infeasible or no longer necessary, Licensee agrees, at its sole cost and expense to remove the Facilities within one year of the Facilities use ceasing. 6. Licensee shall repair any damage to the Premises where such damage is caused by Licensee, any of its agents, representatives, employees, contractors, or subcontractors, as a result of the installation, construction, operation, maintenance, and repair of the Facilities, at its sole cost, as soon as possible, but in no event more than ten (10) days from the date Licensee first receives notice of such damage, except those repairs which require more than ten (10) working days to repair as long as Licensee has commenced the repairs within such period and thereafter Page 2 diligently pursues the repair to completion. All repairs shall be performed to the reasonable satisfaction of the Licensor. If Licensee fails to repair or refinish any such damage, Licensor may, in its sole discretion, repair, or refinish such damage and Licensee shall reimburse Licensor for all costs and expenses incurred in such repair or refinishing. 7. As-Builts. Upon completion of the construction and installation of the Facilities, the Licensee shall promptly provide Licensor with one set of reproducible as -built, record drawings, reflecting construction and installation as actually accomplished. 8. Location Markers and Marking. As deemed necessary by Licensor, Licensee shall furnish, install, and place signs to give notice and location of the Facilities. Licensee shall install permanent markers situated so as not to impede use of the Premises by the Licensor, members of the public or currently franchised utilities on each side of the public right-of-way where the Facilities cross the right-of-way. The permanent markers placed inside the Facilities shall indicate the location of the Facilities, the name and address of Licensee, and a telephone contact number for information regarding the Facilities. Licensee shall conduct periodic inspections of the markers to ensure that such markers are legible and in place as required herein. Licensee shall provide access to the Facilities whenever requested to do so by Licensor, any franchised utility, and any licensed contractor excavating near the Facilities. 9. Indemnity. Licensee agrees to indemnify, defend (with counsel approved by Licensor) and hold harmless the Licensor and its elected and appointed officials, agents and employees from any claims, actions, losses, liabilities, damages, costs, expenses, suits or other proceedings arising from or out of the acts or omissions of the Licensee, its agents, representatives, contractors or subcontractors or arising from Licensee's rights and obligations under this License, including the failure of the Licensee, its agents, representatives, contractors or subcontractors to perform any act or duty required of the Licensee herein, except to the extent any claims, actions, losses, liabilities, damages, costs, expenses, suits or other proceedings are caused by the active negligence or willful misconduct of the Licensor or design specifications imposed by Licensor staff as conditions. 10. Insurance. During the Term of this License, Licensee shall obtain and maintain the insurance set forth in Exhibit B to this Agreement. 11. Damages. Licensee shall repair or pay for all actual damages to the Premises, caused by Licensee's activities. 12. Interference. Whenever, after Licensee installs the Facilities, Licensor determines that the Facilities are not located as indicated on as -built plans provided to Licensor by the Licensee, and the Facilities interfere with Licensor's use of the Premises, Licensee shall immediately relocate the Facilities to another location approved in advance by Licensor, at Licensee's sole expense, restoring the surface to its prior condition. If the Facilities are at the location indicated on the as -built plans provided to Licensor by Licensee and the Facilities interfere with Licensor's use of the Premises, Licensor will provide written notice to Licensee that relocation of the Facilities is required and the Licensee shall relocate the Facilities within ninety (90) days of notice to the new location as approved in advance by Licensor, at Licensee's sole expense, restoring the surface to its prior condition. Page 3 13. Interference with Utility. Whenever, after Licensee installs the Facilities, Licensor determines that the Facilities are not located as indicated on as -built plans provided to Licensor by Licensee, the Facilities interfere with the reasonable use of the Premises by a utility holding a franchise issued prior to execution of this License, Licensee shall immediately relocate the facility to a location approved in advance by Licensor. None of the related costs shall be paid by Licensor. If the Facility is at the location indicated on the as -built plans provided to the Licensor by the Licensee and it is alleged by a utility franchised by the Licensor prior to the execution of this License that the Facility interferes with the previously -franchised utility's use of the Licensor's Property, the Licensee shall make a good faith effort to negotiate with the previously -franchised utility to resolve any conflict. None of the related costs shall be paid by the Licensor. The Licensee and the previously franchised utility shall determine between themselves who will pay the cost of relocation and restoration of the surface. 14. Installation by Third Party. Unless required by a pre-existing agreement, state or federal law, applicable government regulation, or order from a court of competent jurisdiction, Licensor shall not voluntarily permit, authorize or approve any installation or construction by a third party that would deprive Licensee of, or unreasonably interfere with Licensee's use and enjoyment of, the Premises during the term of the License. If any road, street, sidewalk, passageway, fire alarm, electric light or power line, waterline, storm drain, sanitary sewer line, gas line, telephone pole, telephone line or other utility, appurtenances or facility is placed along or across the Facilities by any entity other than Licensor, and the construction requires the Licensee to relocate the Facilities, then that entity and the Licensee shall determine between themselves who will pay the cost of relocation and the restoration of the surface. None of the related costs shall be paid by Licensor. 15. Waiver. The waiver by either party of any breach or violation of any term, covenant, or condition of this License shall not be deemed a waiver of such term, covenant, condition, ordinance, or law, or of any subsequent breach or violation of the same or of any other term, covenant, condition, ordinance, or law. 16. Entire Agreement. This License contains the entire agreement of the Parties regarding the Facilities and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. 17. Changes. Changes to this License are not binding unless made in a written amendment to this License duly authorized by each of the Parties. 18. Binding Effect and Authority. This License is binding upon and inures to the benefit of the successors and/or assigns of the Parties. Each individual executing this License on behalf of a Party entity represents and warrants that he or she is duly authorized to execute this License on behalf of that Party. 19. Compliance with Laws. The Licensee and its contractors shall comply with all federal, state, and local laws, ordinances, regulations, and rules and will not discriminate illegally against any person. 20. Venue and Governing Law. This License is governed by and construed and enforced in accordance with the laws of the State of California. In the event of litigation, venue will be in the County of San Mateo. Page 4 21. Construction and Severability. If any part of this License is held to be invalid or unenforceable, the remainder of this License will remain valid and enforceable if the remainder of the License is reasonably capable of completion. 22. Assignment. The Licensee may only assign its obligations under this License with the prior written consent of Licensor, which will not be unreasonably withheld. In connection with any such assignment, Licensee and its assignee will execute and deliver to Licensor a written assignment and assumption agreement in a form acceptable to the City Manager and City Attorney. 23. Notice. For purposes of giving formal, written notice to the Licensee, the Licensee's address is: San Mateo County Express Lanes Joint Powers Authority 555 County Center, 5th Floor Redwood City, CA 94063 For purposes of giving formal, written notice to Licensor, Licensor's address is: Burlingame City Hall Public Works Department 501 Primrose Road, 2nd Floor Burlingame, CA 94010 Written notice must be made either personally or by regular United States Mail or by overnight courier. If the notice is mailed, the notice will be complete when deposited in the United States Mail, or with overnight courier, postage paid, and addressed as required in this section. Notice of change of address will be given in the same manner as required by this Section. EXHIBITS Exhibit A — Description of Property, Premises, and Facilities Exhibit B — Insurance Requirements Exhibit C — Tolling Equipment within Burlingame Page 5 IN WITNESS WHEREOF, the Parties hereto have set their hands and seals the day and year first above written. CITY OF BURLINGAME SAN MATEO COUNTY EXPRESS LANES JOINT POWERS AUTHORITY LN Approved as to form: M. DIANE PAPAN CHAIR Approved as to form: Los Timothy Fox Legal Counsel Page 6 EXHIBIT A Description of Property, Premises, and Facilities Page 7 EXHIBIT B Insurance Requirements Licensee, at its own cost and expense, will maintain the following insurance coverages during the term of the License: Property Insurance. Property insurance with Special Form coverage including theft, but excluding earthquake, with limits at least equal to the replacement cost of the Facilities. Liability Insurance. General Liability insurance at a $ 1 M limit per occurrence and a general aggregate limit of $2M for bodily injury and property damage arising from the construction, installation, operation, maintenance, repair, replacement, and removal of the Facilities. A separate contractor will maintain the Facilities and will assume direct liability for such maintenance, but Licensee will have vicarious liability protection for the ownership of the Facilities. Licensee will require that such maintenance contractor will have at least $ I M in liability insurance limits. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for (1) products and completed operations; (2) contractual liability; (3) third party action over claims; or (4) cross liability exclusion for claims or suits by one insured against another. Automobile Liability Insurance. Automobile Liability Insurance with coverage at least as broad as the latest version of Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1) with minimum limits of $1,000,000 each accident. Workers Compensation and Employers Liability. Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. Endorsements. The policy or policies of insurance required by Section 3.2.10(b) (i) Commercial General Liability and (ii) Automobile Liability Insurance and shall be endorsed to provide the following: Page 8 (1) Additional Insured: City of Burlingame, its officials, officers, employees and agents shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the License. Endorsements shall be issued on a combination of ISO CG 20 10 and CG 20 37 or exact equivalents. Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Contractor; or (4) contain any other exclusions contrary to the License. (2) Primary Insurance and Non -Contributing Insurance: This insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees and agents shall not contribute with this primary insurance. (3) Severability: In the event of one insured, whether named or additional, incurs liability to any other of the insureds, whether named or additional, the policy shall cover the insured against whom claim is or may be made in the same manner as if separate policies had been issued to each insured, except that the limits of insurance shall not be increased thereby. (4) Cancellation: The policy shall not be canceled or the coverage suspended, voided, reduced or allowed to expire until a thirty (30) day prior written notice of cancellation has been served upon City except ten (10) days prior written notice shall be allowed for non-payment of premium. (5) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees and agents. (6) Duties: Any failure by the named insured to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officials, officers, employees and agents. (7) Applicability: That the coverage provided therein shall apply to the obligations assumed by Contractor under the indemnity provisions of the License, unless the policy or policies contain a blanket form of contractual liability coverage. 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TOLLING I TEM #6: . . . . .. ....... .... ........... . .... ..... ........... TYPE III-AF SERVICE EQUIPMENT ENCLOSURE NO. T1 661 1 N: Exhibit C TOLLING I'TEM #5: PG&E STEP-UP TRANSFORMER SCALE: 1 20' INSIDE NEMA 3R�.ENCLOSURE WITH SIDE LOUVERS Sheet 3 of 9 NB ROUTE 101 Tolling Equipment within City of Burlingame From Station 1051+50 to 1052+50 TOLLING ITEM #g: TYPE iII-AF SERVICE EQUIPMENT ENCLOSURE NO. T16711 w Exhibit C 6- ' yfr ,� r �� I BUR— IN�AAGENDA NO: 8g STAFF REPORT MEETING DATE: March 6, 2023 To: Honorable Mayor and City Council Date: March 6, 2023 From: Lisa K. Goldman, City Manager — (650) 558-7243 Subject: Adoption of a Resolution Ending the COVID-19 Local Emergency Declaration RECOMMENDATION Staff recommends that the City Council adopt a resolution ending the COVID-19 local emergency declaration. BACKGROUND On March 4, 2020, Governor Newsom proclaimed a State of Emergency because of the threat of COVID-19. A week later, on March 11, 2020, the World Health Organization declared the coronavirus outbreak a pandemic. The San Mateo County Board of Supervisors voted on March 10 to ratify a declaration of a local health emergency and a proclamation of a local emergency in response to COVID-19. The City of Burlingame declared its own local emergency at the City Council meeting on March 16. The City's local emergency declaration has been in effect since that time. DISCUSSION On October 17, 2022, Governor Newsom announced that the State's COVID-19 State of Emergency would end on February 28, 2023. Since the State is ending its emergency declaration, City staff believes it prudent to end the City's local emergency declaration as well. In order to do so, the City Council should adopt the attached resolution terminating the local emergency declaration. FISCAL IMPACT There is no financial impact from the adoption of this resolution. Exhibits: • Resolution Terminating the Local Emergency • Resolution Proclaiming a Local Emergency 1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME TERMINATING THE LOCAL STATE OF EMERGENCY DUE TO THE NOVEL CORONAVIRUS WHEREAS, on March 4, 2020, Governor Newsome proclaimed a State of Emergency arising from the COVID-19 outbreak; and WHEREAS, on March 10, 2020, the San Mateo County Board of Supervisors ratified a declaration of a local health emergency and proclaimed a local emergency in response to COVID-19; and WHEREAS, on March 11, 2020, the World Health Organization declared COVID-19 outbreak a pandemic; and WHEREAS, pursuant to the Emergency Services Act (Government Code Section 8550 et seq.), the City Council of the City of Burlingame declared a local emergency at its meeting on March 16, 2020, pursuant to Resolution No. 33-2020, in which the local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council; and WHEREAS, on October 17, 2022, Governor Newsom announced the State's COVID-19 State of Emergency would expire on February 28, 2023; and WHEREAS, since the State is ending its emergency declaration, the City Council wishes to end the City's local emergency declaration as well. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME RESOLVES AS FOLLOWS: Section 1. The foregoing recitals are true and correct and incorporated into this Resolution by this reference. Section 2. The City Council hereby terminates the local state of emergency declared on March 16, 2020, pursuant to Resolution No. 33-2020. AND BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon its passage and adoption. Michael Brownrigg, Mayor I, Meaghan Hassel Shearer, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council held on the 61h day of March 2023 by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: Meaghan Hassel Shearer, City Clerk RESOLUTION PROCLAIMING EXISTENCE OF A LOCAL EMERGENCY BY THE CITY MANAGER AS DIRECTOR OF EMERGENCY SERVICES OF THE CITY OF BURLINGAME WHEREAS, Section 3.36.060 of the Burlingame Municipal Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City of Burlingame is affected or likely to be affected by a public disaster and the City Council is not in session; and WHEREAS, the Director of Emergency Services is identified in the Burlingame Municipal Code as the City Manager; and find: WHEREAS, the City Manager, acting as Director of Emergency Services, does That conditions and threatened conditions of extreme peril to the safety of persons or property have arisen within the City of Burlingame, caused by recent and forecasted wet weather events, including flooding, wind, and storms; and 2. That the first extreme wet weather event commenced on or about December 31, 2022, and the next extreme wet weather event is forecasted to commence on or about January 4, 2023, with additional rain forecast for several days thereafter; and 3. That the County of San Mateo has also declared a local emergency, as ratified by the Board of Supervisors; and 4. That the City Council of the City of Burlingame is not in session, and cannot immediately be called into session; and 5. That this proclamation shall expire within seven (7) days, unless ratified by the City Council. NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency now exists throughout the City of Burlingame; and IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency the powers, functions and duties of the emergency organization of this City shall be those prescribed by state law, by ordinances, by the Burlingame Municipal Code, and resolutions of this City, as approved by the City Council. Dated;�s,Y�� �.� 2023 Lisa K. Goldman, City Manager, acting as Director of Emergency Services STAFF REPORT Honorable Mayor and City Council March 6, 2023 AGENDA NO: 8h MEETING DATE: March 6, 2023 Bradley McCulley, City Librarian — (650) 558-7401 Subject: Adoption of a Resolution Authorizing the City Librarian to Request Duncan Trust Funds, Up to a Maximum of $5,000 per Request RECOMMENDATION Staff recommends that the City Council adopt a resolution approving the authorization of the City Librarian to request disbursement of Duncan Trust funds, up to a total of $5,000 per request, with the understanding that all purchases directly benefit the Burlingame Library. BACKGROUND In April 1980, the estate of Jean Hunt Duncan left the property located at 404 Primrose Avenue in trust with the San Mateo Foundation (today known as the Silicon Valley Community Foundation -- SVCF) for the sole benefit of the Burlingame Public Library. In 1991, the property was sold to the City of Burlingame for the expansion of the Library building as it is known today, and the proceeds of the sale (now known as the Duncan Trust) were invested with SVCF with the stipulation per the will that the dividends not supplant City funds but be used to supplement the Library budget to the maximum benefit of the Burlingame Public Library. DISCUSSION The City has determined that funds received from the Duncan Trust are actually donations from an outside source, and therefore the funds received should be treated as donations to the City of Burlingame, for the exclusive benefit of the Burlingame Public Library. Whenever the City receives a donation, including a donation that contains stipulations to its use, the City Council accepts the donation and directs its expenditure. To streamline this process and ensure the Library Board of Trustees can utilize these funds efficiently and with sufficient flexibility to respond to community needs, staff requests that a certain level of authority be given to the City Librarian. Specifically, staff requests that the City Librarian be authorized to request funds directly from the Duncan Trust for the purchase of goods and/or materials that may be considered common or repetitive, up to a total expenditure of $5,000 per item/event. The following types of purchases would be considered pre -approved under the proposed resolution: • Library collections — books, eBooks, magazines, DVDs, CDs • Library events and services — book talks, public events, database or online subscriptions Authorization of Duncan Trust Funds March 6, 2023 • Library facilities and equipment — furniture, upholstery, AN equipment, book drops • Library staff support — staff trainings and workshops FISCAL IMPACT There is no fiscal impact to the General Fund other than savings. Exhibit: • Resolution 2 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING AND AUTHORIZING THE CITY LIBRARIAN TO PREAPPROVE PURCHASES UP TO $5,000 FUNDED BY THE TRUSTEE BOARD DUNCAN TRUST WHEREAS, the Library Trustee Board is the fiduciary of the Duncan Trust bequeathed for the benefit of the Burlingame Public Library; and WHEREAS, the Board periodically funds basic and common materials for the Library at the request of the City Librarian; and WHEREAS, these requests fall into four main categories — collections, events/services, facilities, and staff support; and WHEREAS, should a request fall into one or more of these categories, the City Librarian has the authority to preapprove the purchase; and WHEREAS, the limit to a pre -approved purchase will not exceed $5,000 for any one purchase. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME RESOLVES AS FOLLOWS: The City Council hereby authorizes the City Librarian to request funds directly from the Duncan Trust for the purchase of goods and/or materials which fall into one or more of the above categories, up to $5,000 per item / event. Michael Brownrigg, Mayor I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 61" day of March, 2023, and was adopted thereafter by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: Meaghan Hassel -Shearer, City Clerk STAFF REPORT Honorable Mayor and City Council March 6, 2023 AGENDA NO: 8i MEETING DATE: March 6, 2023 Bradley McCulley, City Librarian — (650) 558-7401 Subject: Adoption of a Resolution Authorizing the City Manager to Negotiate and Enter into a Lease Agreement with Fika Cafe to Provide Food Service at the Burlinaame Main Library RECOMMENDATION Staff recommends that the Council adopt a resolution authorizing the City Manager to negotiate and enter into a lease agreement with the current lessee — Fika Cafe owner Ghada Albougha — to sell and provide food service at the Burlingame Main Library. BACKGROUND The Main Library's 2015 renovation gave the Library more meeting and study room space, as well as a new cafe space. When the City requested proposals from potential lessees, the Fika Cafe — a rare Burlingame resident and woman -owned business — was the only business owner to enter a proposal. This is likely due to the fact that libraries tend to be a difficult venue to run a profitable business. For example, the San Mateo Public Library has had a cafe far longer than Burlingame has and has been unable to find a consistent tenant. DISCUSSION Fika Cafe has been a very good tenant for the past seven years, and the Burlingame Library is fortunate to be able to continue leasing this space to such a reliable occupant. The cafe owner is very community -minded and has built many positive relationships with customers over the years within Burlingame and the surrounding area. The initial term of the Lease is for three years, with two additional one-year extensions. Monthly rent is due for months in which the gross sales exceed $10,000. In those months, the monthly rent shall be 10% of gross receipts. FISCAL IMPACT The proposed lease is structured in such a way that the occupant is only required to pay rent when a threshold sales quota is met. The threshold to be met for paying rent is purposefully set high, specifically in excess of $10,000/month, as an incentive for keeping a cafe available to the public, thereby avoiding an empty cafe space. There is no fiscal impact to the Library or General Fund. 1 Fika Cafe Lease March 6, 2023 Exhibits: • Resolution • Proposed Lease Agreement RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A LEASE AGREEMENT WITH FIKA CAFE TO PROVIDE FOOD SERVICE AT THE BURLINGAME LIBRARY WHEREAS, Fika Cafe has been providing food service to the Burlingame Library for seven years; and WHEREAS, Fika Caf6 has a very favorable relationship with the community; and WHEREAS, Fika Caf6 is female -owned business run by a Burlingame resident; and WHEREAS, the City of Burlingame appreciates how difficult it is to run a small business and desires to enter into a professional service agreement with Fika Cafe. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME RESOLVES AS FOLLOWS: The City Council hereby approves and authorizes the City Manager to negotiate and execute a lease agreement with Fika Caf6 for a three-year term with two one-year extensions, in substantially the form attached hereto, for food service at the Main Library. Michael Brownrigg, Mayor I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 6'" day of March, 2023, and was adopted thereafter by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: Meaghan Hassel -Shearer, City Clerk LEASE BETWEEN THE CITY BURLINGAME AND GHADA ALBOUGHA — Cafe Fika This lease ("Lease") is made and entered into this 7th day of March, 2023, by and between the City of Burlingame ("City"), Burlingame, California, a municipal corporation, and GHADA ALBOUGHA , ("Lessee"), collectively the "Parties." RECITALS A. The Burlingame Public Library includes a Caf6 space. B. City desires to lease the operation of the Cafe to Lessee and, Lessee desires to lease the Caf6 space from the City. C. The Parties have specified terms and conditions under which the Cafe located in the library facility shall be leased and operated. Lessee and City agree as follows: AGREEMENT 1. PREMISES City hereby Leases to Lessee, and Lessee leases from the City, certain real property located in the City of Burlingame, County of Burlingame, State of California, commonly known as the Caf6 Fika located at 480 Primrose Road, California 94010 (the "Premises") and more particularly described in Exhibit A attached hereto and incorporated herein by reference. The Premises consists of a Public Cafe area approximately 9' x 7' (63sq. ft.) with a fully constructed Cafe, which includes the Cafe structure itself, a three -compartment sink, hand sink, floor grease separator, 3M water purification, single 220 V electrical specialty outlet, electrical outlets including a refrigerator outlet, domestic hot and cold water, and Caf6 signage. City shall provide tables and chairs for a seating area. Lessee will provide all required additional fixtures and equipment necessary to operate the Cafe, including, but not limited to: all coffee making supplies and equipment, refrigerator, ice maker, blender and all other related furnishings and supplies; all of which shall meet with the City's design approval. An Inventory of Fixtures and Equipment is set forth in Exhibit B, which is attached and incorporated by reference. \\burble\CLKSHAREDS\Andrew\Documents\working empty folder\8 i3.doc 2. TERM 2.1 Original Term. The term of this Lease shall be for three years with two optional one-year extensions, with the initial term commencing on February 15th, 2023 and ending on February 15th, 2026. Lessee shall, at the expiration of the term of this Lease, or upon its earlier termination, surrender the Premises in its original condition, excepting reasonable wear and tear. 2.2 Extension. Lessee may extend the Lease for an additional two one-year terms. Lessee shall provide City with written notice of its election to extend no later than 120 days prior to the expiration date of the prior term. If Lessee opts to extend the Lease: 2.2.1 The Lease will extend at the City's discretion, or so long as Lessee is not in breach or default under this Lease either on the date Lessee opts to extend or at any time through and including the proposed commencement date of the extension term. 2.2.2 City and Lessee shall execute an amendment to this Lease reflecting the extension, which shall be executed prior to the expiration of the prior term. 3. RENT 3.1 Base Rent. Monthly rent payments will be due for months in which the gross sales exceed $10,000. The rent to be paid by Lessee shall be in the amount of 10% of gross receipts paid on a monthly basis and due within 30 days of last preceding month and shall be paid to: Burlingame Public Library, Burlingame, CA 94010. Attn: Library Administrative Office. 3.2 Gross Sales Report. Lessee shall provide a verifiable gross sales report including separate totals for Cafe and Catering sales on a monthly basis which shall be due with the monthly rent. "Gross Sales" means consideration of any kind including cash receipts, credits, reimbursements, rebates, bartered goods and services from all sources generated at the Premises, including, but not limited to: all receipts from retail sales; all proceeds from the sale of food and drink; catering proceeds; and the actual payments received by Lessee in connection with any advertising. Gross Sales shall not include the following: (i) any tax, fee, assessment or charge collected as payment to any Governmental Authority, whether imposed by present or future federal, state or local law, (ii) receipts from vending machines not owned by Lessee, but only to the extent such receipts are not retained by Lessee; (iii) any proceeds of the sale of Lessee's furnishing, fixtures and equipment; (iv) sales to employees at a discount of 20% or more from the retail price not exceeding in the aggregate .005 (1/2 of 1%) percent of total Gross Sales in any Lease Year, (v) returns of merchandise by Lessee to manufacturers or shippers for credit, (vi) sums and credits received in settlement of claims for loss of or damage to merchandise. 2 \\burble\CLKSHAREDS\Andrew\Documents\working empty folder\8 i3.doc 3.3 Records and Audits. 3.3.1 Records. Lessee shall provide a cash register or point of sale install of a type approved by City, which shall be equipped with a scaled cumulative totaling device and a daily dated continuous, non -reversible duplicate tape on which all Gross Sales shall be recorded and imprinted. Lessee shall maintain and make available within 5 days, true, accurate and complete books, records and accounts of all Gross Sales, including (i) true copies of any sales and other excise tax report; (ii) Federal and State Tax returns; (iii) sales slips and checks; (iv) bank records; (v) cash register tapes; and (vi) sales journals, books of account, general ledgers and purchase j ournals. Such books, records and accounts shall be maintained in such manner, and include such records, as would be required by a certified public accountant to perform an audit to determine, or produce an audited statement of Gross Sales. Lessee shall keep accurate records of all Gross Sales in accordance with recognized accepted standard accounting practices. Lessee shall make available for review by City an itemized statement of Gross Sales for each Lease Year. 3.3.2 Audits. Once every 12 months City may perform an audit of Lessee's Gross Sales records for the Premises. City shall provide twenty days advance written notice of such audit. All audits shall be performed during City's usual business hours and without interference with the conduct of business at the place where the audit is made. City shall provide Lessee with a copy of the audit. If the audit reveals that Gross Sales were under reported by more than five percent in Lessee's annual Gross Sales statement, then Lessee shall pay to City the reasonable cost of such audit; otherwise, City shall pay all cost of such audit. In addition, Lessee shall immediately pay to City any additional Percentage Rent owed based on the audited Gross Sales figure. City's audit shall be conclusive and binding upon Lessee unless, within 30 days after receipt of the audit, Lessee shall notify City in writing that it disputes the findings of City's audit. If such dispute shall not be settled by written agreement within 30 days after Lessee's notice of dispute is received by City, then City and Lessee shall select an independent certified public accountant licensed to practice in California and qualified to mediate the disagreement. If the dispute is determined in City's favor, Lessee shall forthwith pay any percentage rent determined to be owing and bear all costs associated with the mediation requested by Lessee due to City. Until said final determination is made, Lessee need not make any disputed Percentage Rent payments to Landlord; however, Lessee shall pay City all undisputed amounts when due, including interest. The Lessee's monthly, quarterly and annual statement of Gross Sales and any audit thereof shall be treated as confidential to the extent permitted by the state Public Records Act. 3.4 Late Charge. Lessee acknowledges that late payment by Lessee to City of rent will 3 \\burble\CLKSHAREDS\Andrew\Documents\working empty folder\8 i3.doc cause City to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impracticable to fix. Such costs include, without limitation, processing, accounting and late charges that may be imposed on City. Therefore, if City does not receive any installment of rent due from Lessee within fifteen days after the due date, Lessee shall pay to City an additional sum of ten percent (10%) of the overdue rent as a late charge. The parties agree this late charge represents a fair and reasonable estimate of the costs City will incur by reason of late payment by Lessee. Acceptance of any late charge shall not constitute a waiver of Lessee's default with respect to the overdue amount, nor prevent City from exercising any of its other rights and remedies. 3.5 Security Deposit. Lessee shall provide City with a $1,000 security deposit at the time of lease execution. Should Lessee fail to proceed with the lease based upon Lessee's own default after lease execution, then no part of the deposit shall be refunded. 3.6. Failure to Pay Rent When Due. Rental payments and all other charges or obligations not paid within ten days after the date due shall bear a late charge as described above. In addition, on all amounts unpaid for more than 30 days from the due date, interest shall accrue from the due date until it is received at the rate of one and one-half percent (1 %2 %) per month. Such interest charges are not the exclusive remedy for late payment, and the City may elect to proceed with termination of this lease as provided here. Failure by Lessee to pay rent or charges when due, or to comply with any other condition, shall terminate this Lease at the option of City. In such event, upon written notice to quit or surrender the Premises, City may enter and retain possession of the Premises, exclude Lessee, and re -let the Premises. Should City enter the Premises as stated, Lessee shall be held liable as follows: 3.6.1 For all installments of rent and other charges when the Premises remain vacant, for the remainder of the term of the Lease. Such installments and charges shall be payable as they become due. 3.6.2 For all expenses which City may incur for re -letting the Premises. 3.6.3 For any deficiency in the installments on any Lease, or Leases, made by City for Lessee of the Premises during the term of this Lease. Any deficiency in installments shall be paid as it falls due. 4. USE 4.1 Permitted Uses. Premises will be used for a Cafe featuring fresh brewed coffee, specialty coffee, tea, non-alcoholic beverages, pre -made- pastries, cookies, cake and other dessert items. Lessee shall make its best effort to provide foods prepared as freshly as possible and whenever possible prepared fresh daily. Lessee will provide \\burble\CLKSHAREDS\Andrew\Documents\working empty folder\8 i3.doc City with a main menu for City's written approval, which is attached as Exhibit C and incorporated by reference. Lessee may vary menu to include daily specials. 4.2 Prohibited Uses. Lessee shall not: use Premises for any purpose not expressly permitted in this Lease; create, cause, maintain or permit any nuisance or waste in, on or about the Premises or permit or allow the Premises to be used for any unlawful or immoral purpose; do or permit to be done anything in any manner which unreasonably disturbs Library users, including causing any unreasonable odors or noise to emanate from the Premises; use Premises in a manner that increases the risk of fire, cost of fire insurance or improvements thereon; place any sign or placard in or on the Premises without City's prior written approval; store any bicycles or other means of transportation anywhere on the Premises; utilize the Premises for any offsite catering unrelated to the City, unless the food is to be served at a City function and at a City facility; use the image of the Premises, the name of City or any other identifying sign or symbol associated with the Premises or City to undertake any action or representation other than those specifically assigned to Lessee under this Lease, without City's prior written approval; remodel or make any interior renovation or any major changes to the Premises or remove any objects, which are not the property of Lessee without the prior written consent of City; sell, dispense or allow alcohol to be consumed on the Premises. 5. DUTIES OF LESSEE 5.1 Management of Cafe. Lessee shall manage the Cafe and all operations therein. 5.2 Hours of Operation. The Cafe shall operate no less than from the hours of LOAM-5PM Closed Closed Monday — Friday Saturday Sunday The Cafe will close at such times as the library is not open to the public. Any changes to the hours shall be subject to prior Library approval, which shall not be unreasonably withheld. Failure to operate the Cafe for a period of 3 or more consecutive days shall constitute a breach of this agreement and the City may elect any of the remedies provided heretofore, including termination of this Lease. 5.3 Maintenance. Lessee shall protect and maintain the Premises. Lessee shall assume responsibility for the guarding and safekeeping of all of the City property located at the Premises. 5.4 Rules. Lessee will abide by the rules of operational conduct that are consistent 5 \\burble\CLKSHAREDS\Andrew\Documents\working empty folder\8 i3.doc with Library operational procedures as provided in Exhibit E. 5.5 Use of Cafe Space. Lessee shall use the Cafe space for food preparation and the Cafe space for food consumption or sale. Any changes to Cafe space are subject to City's prior written approval. 5.6 Staff. Lessee shall hire an adequate number of persons in order to provide food services in a prompt and timely manner under this Lease. 5.7 Payment of Lessee's Employees. Lessee shall pay all persons hired as required by law including but not limited to income tax withholding and social security payments. No employee of Lessee is an employee of City. 5.8 Price of Food. All food sold shall be sold at reasonable prices as determined by Lessee, and in consultation with the City. In no instance shall food prices exceed those charged by comparable, retail non -subsidized coffee vendors. 5.9 Quality of Food. All food and presentation shall be high quality comparable to or exceeding that of other retail, non -subsidized Cafes. The highest standard of cleanliness and sanitation on the Premises and in the course of food preparation shall be maintained without exception. 5.9.1 Coffee should be ground on demand from whole beans from a quality roaster, competitive in quality with the best roasters in the Bay Area. Beans for espresso should be appropriate for industry -recognized professional espresso use. 5.9.2 Retail whole bean coffee should be sold within two months. 5.9.3 Opened packages of coffee beans should be used within 10 days. 5.9.4 Butter, milk, and milk products shall be USDA Grade "A" and kept refrigerated. 5.9.5 Pastries and all baked goods shall be fresh daily from a quality baker. Whole fruit should be fresh, clean and attractively displayed. 5.10 Cross Contamination. Every effort shall be made to avoid cross contamination of foods and food borne illness. Employees with any communicable disease shall not work in areas where contamination can occur. Lessee shall maintain at least one employee trained in the avoidance of cross contamination as required by law. Lessee shall maintain and prepare food in a manner and at appropriate temperatures that meet or exceed County Health or other relevant food preparation and storage guidelines. 0 \\burble\CLKSHAREDS\Andrew\Documents\working empty folder\8 i3.doc 5.11 Refrigeration. Lessee shall monitor refrigerators and freezers and periodically, no less than once per week measure the temperature within each refrigerator or freezer to determine if appropriate temperatures are being maintained. Lessee shall adjust all refrigerators and freezers to maintain adequate temperature. In the event that any refrigerator or freezer cannot maintain an adequate temperature level, the City shall be informed immediately, and the unit shall be taken out of service. 5.12 Equipment Maintenance. Lessee shall clean all equipment daily and perform routine maintenance upon all City and Lessee equipment. Lessee shall inform City within 24-hours of discovering any broken or malfunctioning equipment. 5.13 Refuse. Lessee shall properly and promptly place all garbage, refuse and recyclables in the appropriate containers. 5.14 Uniforms/Clothing. Lessee and all employees shall wear clean, professional, and safe clothing at all times. 5.15 Level of Service. An adequate and appropriate level of service to customers shall be maintained similar to the level of service at other similar Cafes. 5.16 Service to All. Every Cafe patron shall be served without regard to race, gender, perceived sexual identity, disability, religious affiliation, ethnicity or any other characteristic upon which discrimination is prohibited by state or federal law. 5.17 Custodial Services. Lessee will provide basic custodial services for the Cafe and tables, chairs, and floor of the Premises. Lessee shall be responsible for all clean-up relating to its business. Tables shall be clean and cleared at all times when not in use. Spills on floors and tables in Cafe area shall be cleaned when they occur. 5.18 Laws and Ordinances. Lessee and its employees shall comply with all applicable laws, policies, and ordinances of the City of Burlingame. In addition to any other remedies and penalties available, violation of such shall constitute a breach of this Agreement and shall be cause for termination of this Lease, at City's option. 5.19 Failure to Comply. Failure to comply with any of the Duties can result in a fine of $50 a day if problems are not addressed within seven (7) days of receiving a formal complaint letter from the City. Termination of the lease agreement can result if problems persist beyond 15 days after written notification. 6. CITY'S DUTIES 7 \\burble\CLKSHAREDS\Andrew\Documents\working empty folder\8 i3.doc 6.1 Vendor is Exclusive Food Provider. Lessee has the exclusive right and privilege to operate the Cafe within Burlingame Public Library and to sell and dispense food within the Premises. Notwithstanding this right, City may: install or place vending machines in staff areas; and contract for or allow third parties to contract for catering to be conducted in any part of the Burlingame Public Library. City will not promote the usage of other caterers or food operators and will include Lessee's catering menu in City's marketing information as it relates to renting the conference facilities or renting or using the Library where food and beverages will be served. City will not allow other vendors to sell food or beverage on site, except in the event of a `user' who rents or otherwise is allowed to use conference room facilities. 6.2 Carry in Beverages. City will permit patrons to bring drinks into the Library. 6.3 Utilities. City is responsible for the following utilities associated with the operation of the Premises: water, sewer, electricity, garbage pickup and disposal. 6.4 Telephone Expenses. A telephone jack will not be installed in the Cafe area. Vendor is responsible any telephone services and costs. 6.5 Computer Expenses. The City will not set up or manage the computer/network system for the Lessee. The Lessee will be responsible for all computer hardware/software acquisition, installation, maintenance and removal. 6.6. Repairs. City shall have no obligation to repair and maintain the Premises or its Improvements and facilities, except that City will maintain and repair supporting structural, water, plumbing and power which supplies the operation of the Premises. Lessee expressly waives the benefit of any statute now or hereinafter in effect, which would otherwise afford Lessee the right to make repairs at City's expense or to terminate this Lease because of City's failure to keep Premises in good order, condition and repair. 7. CITY'S ACCESS 7.1 Access for Inspection. City and City's agents may enter the Premises at reasonable times, upon not less than 48 hours prior written notice to Lessee, to inspect it, show it to prospective lessees, and make such alterations, repairs, improvements or additions to the Premises as City may deem necessary provided, however, that all such work shall be done promptly and entries shall cause as little interference to Lessee as possible. City may at any time during the last 120 days of the term place on or about the Premises any ordinary "For Lease" signs, all without rebate of rent or liability to Lessee. 7.2 No Warranty. Neither the City nor any employees or agents of the City have \\burble\CLKSHAREDS\Andrew\Documents\working empty folder\8 i3.doc made any oral or written warranties or representations to Lessee relative to the condition or use by Lessee of said Premises and Lessee acknowledges that Lessee assumes all responsibility regarding Occupational Safety and Health Act compliance, the legal use and adaptability of the Premises and compliance with all applicable laws and regulations. 7.3 Security Measures. City may require Lessee to install and use a reasonable security system, device, operation or plan to protect the Premises. Should City, in its sole discretion, require Lessee to install such a security system, Lessee agrees to bear the sole cost and expense of its installation and implementation. Lessee shall obtain City's prior approval before installing or implementing any security system, device, operation or plan. 8. HAZARDOUS MATERIALS 8.1 Compliance with Laws. Lessee shall not cause or permit any hazardous material (as defined in state or federal law) to be brought upon, kept or used in or about the Premises. 9. TAXES 9.1 Revenue and Taxation Code. Pursuant to Revenue and Taxation Code of California, section 107.6, notice is hereby given that Lessee is responsible for any possessory interest taxes that may be imposed as a result of, or related to, this Agreement. Upon submission of proof of payment, Lessee may deduct any annual possessory interest tax payment in an amount exceeding $500 from rent paid to City in subsequent month(s) until fully reimbursed. 10. HOLD HARMLESS/INDEMNIFICATION 10.1 Indemnification. Lessee agrees to protect, defend, hold harmless and indemnify City, its officers, agents, volunteers, and employees from and against any claim, injury, liability, loss, cost, and/or expense or damage arising from Lessee's activities pursuant to this Lease, including all costs and reasonable attorney's fees, excepting claims resulting from the City's sole negligence or willful misconduct. Lessee shall give City immediate notice of any claim or liability hereby indemnified against. 10.2 Waiver of Claims. Lessee waives any claims against City for injury to Lessee's business or any loss of income therefrom, for damage to Lessee's property, or for injury or death of any person in or about the Premises, unless caused by City's active negligence or willful misconduct. 11. INSURANCE. 0 \\burble\CLKSHAREDS\Andrew\Documents\working empty folder\8 i3.doc Lessee, at its sole cost and expense shall purchase and maintain in full force and effect during the term of this Lease, insurance coverage in an amount(s) and in a form acceptable to City as set forth in Exhibit D attached and incorporated by reference. Said policies shall be maintained with respect to Lessee's employees, if any, and all vehicles operated on the Premises. The policies shall include the required endorsements, certificates of insurance and coverage verifications as described in Exhibit D. Lessee also agrees to secure renter's liability insurance. Waiver of Subrogation. Tenant waives any right to recover against Landlord for claims for damages to Tenant's Property whether or not covered by insurance. This provision is intended to waive fully, and for the benefit of Landlord, any rights and/or claims which might give rise to a right of subrogation in favor of any insurance carrier. The coverage obtained by Tenant pursuant to this Lease shall include, without limitation, a waiver of subrogation endorsement attached to the certificate of insurance. 12. DAMAGE, DESTRUCTION AND TERMINATION 12.1 If the Premises are damaged by fire, earthquake, act of God, the elements or other casualty, and in City's opinion (a) such repairs can be made within 120 days from the date of occurrence, and (b) insurance proceeds sufficient to pay the repair cost are available, City shall repair the same, and this Lease shall remain in full force and effect except that an abatement of rent shall be allowed Lessee for such part of the Premises as shall be rendered unusable by Lessee in the conduct of its business during the time such part is damaged. 12.2 If in City's opinion, (a) such repairs cannot be made within 120 days or (b) insurance proceeds sufficient to pay for such work are not available, City may elect, upon notice to Lessee within 30 days after the date of such fire or other casualty, to repair or restore the damage, in which case this Lease shall continue in full force and effect, but the rent shall be partially abated as hereinabove provided. If City does not so elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. If City does not elect to terminate this Lease, or is not eligible to do so, City shall give Lessee written notice thereof within 30 days following the casualty. If the repairs are not made within 120 days, Tenant shall have the right to terminate this Lease. 12.3 Waiver. City and Lessee waive the provisions of any statutes that relate to termination of Leases when Leased property is destroyed and agree that such event shall be governed by the terms of this Lease. 13. DEFAULTS; REMEDIES 13.1 Defaults. The occurrence of any one or more of the following events shall 10 \\burble\CLKSHAREDS\Andrew\Documents\working empty folder\8 i3.doc constitute a material default or breach of this Lease by Lessee: 13.1.1 Abandonment of the Premises by Lessee as defined by California Civil Code § 1951.3; 13.1.2 Failure by Lessee to make any payment of rent or any other payment required to be made by Lessee hereunder, as and when due, where such failure shall continue for a period of ten (10) business days after mailing by City of written notice thereof from City to Lessee. In the event City serves Lessee with a Notice to Pay Rent or Quit pursuant to applicable Unlawful Detainer statutes, such Notice to Pay Rent or Quit shall also constitute the notice required by this subparagraph; 13.1.3 Lessee's failure in any material respect to observe or perform any of the covenants, conditions or provisions of this Lease to be observed or performed by Lessee where such failure shall continue for a period of 30 days afterwritten notice thereof is mailed from City to Lessee; provided, however, that if the nature of Lessee's default is such that more than 30 days are reasonably required for its cure, then Lessee shall not be deemed to be in default if Lessee commenced such cure within said 30 day period and thereafter diligently prosecutes such cure to completion; 13.1.4 Making by Lessee of any general arrangement or assignment for the benefit of creditors; Lessee's becoming a "debtor" as defined in 11 U.S.C. § 101 or any successor statute thereto (unless, in the case of a petition filed against Lessee, the same is dismissed within 60 days); the appointment of a bankruptcy trustee or receiver to take possession of all or substantially all of Lessee's assets located at or on the Premises or of Lessee's interest in this Lease where possession is not restored to Lessee within 30 days; or the attachment, execution or other judicial seizure of all or substantially all of Lessee's assets located at or on the Premises, or of Lessee's interest in this Lease, where such seizure is not discharged within 30 days. 13.2 Remedies. In the event of any material default or breach by Lessee, City may at any time thereafter, following any notice required by statute, and without limiting City in the exercise of any right or remedy which City may have by reason of such default or breach: 13.2.1 Terminate Lessee's right to possession of the Premises by any lawful means, in which case this Lease shall terminate and Lessee shall immediately surrender possession of the Premises and Improvements to City. In such event, City shall be entitled to recover from Lessee all damages incurred by City by reason of Lessee's default including, but not limited to, the cost of recovering possession of the Premises and Improvements, expenses of re -letting, including necessary renovation and alteration of the Premises and Improvements, reasonable attorney's fees, the value at the time of the termination of the unpaid 11 \\burble\CLKSHAREDS\Andrew\Documents\working empty folder\8 i3.doc rent that had been earned at the time of termination of this Lease. 13.2.2 Maintain Lessee's right to possession, in which case this Lease shall continue in effect whether or not Lessee shall have abandoned the Premises. In such event, City shall be entitled to enforce all of City's rights and remedies under this Lease, including the right to recover rent as it becomes due hereunder. 13.2.3 Pursue any other remedy now or hereafter available to City under the laws or judicial decisions of the State of California. 13.3 No Relief from Forfeiture After Default. Lessee waives all rights of redemption or relief from forfeiture under California Code of Civil Procedure §§1174 and 1179, and any other present or future law, in the event Lessee is evicted or City otherwise lawfully takes possession of the Premises by reason of any default or breach of this Lease by Lessee. 14. TERMINATION PROVISIONS 14.1 Either party, for breach of the Lease may terminate this Lease, in writing, upon 30 calendar days notice. Upon termination, Lessee agrees to vacate the Premises before 10:00 p.m. on the 30th calendar day following notice. 14.2 Fixtures. Upon termination of the Lease, City or subsequent Lessee will have the option to buy any equipment and fixtures owned by Lessee from the Lessee at the fair market value of the items at the Premises; if City declines option, Lessee may hold a Public Auction at the Premises to sell all equipment and fixtures located in the Premises. An inventory of Lessee's Fixtures and Equipment is attached to this lease as Exhibit B. 15. DISPUTE RESOLUTION 15.1 The parties agree that mediation is the preferred method for dispute resolution under this Lease. One party may submit a written request to the other for mediation. 15.2 The Parties will agree on a mediator. If they cannot agree, each party shall select a neutral and those two neutrals shall select a third, who will serve as mediator for the dispute. The mediation meeting shall not exceed one day (eight (8) hours). The Parties may agree to extend the time allowed for mediation by amending this Lease. 15.3 The costs of mediation shall be borne by the Parties equally. 15.4 In the event of litigation arising out of any dispute related to this Lease, the Parties shall each pay their respective attorney's fees, expert witness costs and cost of suit, regardless of the outcome of the litigation. 12 \\burble\CLKSHAREDS\Andrew\Documents\working empty folder\8 i3.doc 16. PAYMENTS/PARTIAL PAYMENTS City may apply any payment received from Lessee at any time against any obligation due and owing by Lessee under this Lease, regardless of any statement appearing on or referred to in any remittance from Lessee or any prior application of such payments. Acceptance by City of a partial payment of rent or other charges shall not be considered or construed to waive any right of or affect any notice of legal proceedings, unless both Parties shall agree otherwise in writing. The receipt by City of a partial payment of any amount due to City endorsed as payment in full will be deemed to be a partial payment only, and any endorsements or statements on the check or any letter accompanying the check shall not be deemed an accord and satisfaction, and, notwithstanding said endorsements, City may accept and deposit said check without prejudice to its right to recover the balance. Lessee's obligation (without prior notice or demands) to pay rent and all other amounts due hereunder shall be absolute and unconditional, and not subject to any abatement, set off, defense, recoupment or reduction. 17. NON-DISCRIMINATION Lessee covenants that it shall not discriminate based upon race, color, creed, religion, sex, marital status, age, handicap, national origin or ancestry in any activity pursuant to this Agreement. 18. INDEPENDENT CONTRACTOR It is agreed that Lessee shall act and be an independent contractor and not an agent nor employee of City or Burlingame Public Library. 19. CONFLICT OF INTEREST Lessee shall at all times avoid conflict of interest or appearance of conflict of interest in performance of this agreement. 20. ASSIGNMENT AND SUBLETTING City's Consent Required. Lessee may not assign this Lease or sublet or encumber the Premises, or allow or permit any other person(s) to occupy or use the Premises, without the prior written consent of City, which shall not be unreasonably withheld. This Lease shall be binding upon any permitted assignee or successor of Lessee. Consent by City to one assignment, subletting, occupation or use by another person shall not be deemed to be consent to any subsequent assignment, subletting, occupation or use by another person. No assignment, subletting, or 13 \\burble\CLKSHAREDS\Andrew\Documents\working empty folder\8 i3.doc encumbrance by Lessee shall release it from or in any way alter any of Lessee's obligations under this Lease. 21. LIENS Lessee agrees at its sole cost and expense to keep the Property free and clear of any and all claims, levies, liens, encumbrances or attachments. 22. VACATING Upon termination of the tenancy, Lessee shall completely vacate the Premises by 10 p.m. on the day of termination, including the removal of any and all of its property. Before departure, Lessee shall return keys and City property to City in good, clean and sanitary condition, reasonable wear and tear excepted. Lessee shall allow City to inspect the Premises to verify the condition of the Premises and its contents. 23. ABANDONMENT Lessee's absence from the Premises for fourteen (14) consecutive days, without prior notice, during which time rent or other charges are delinquent, shall be deemed abandonment of the Premises. Such abandonment will be deemed cause for immediate termination after five (5) days written notice. City shall thereupon be authorized to enter and take possession and to remove and dispose of the property of Lessee or its guests without any liability whatsoever to City. 24. NOTICES All notices to the Parties shall, unless otherwise requested in writing, be sent to the City addressed as follows: City of Burlingame Burlingame Public Library Attention: City Librarian 480 Primrose Road Burlingame, CA 94010 and to Lessee addressed as follows: GHADA ALBOUGHA 1035 EL CAMINO REAL #5 BURLINGAME CA 94010 14 \\burble\CLKSHAREDS\Andrew\Documents\working empty folder\8 i3.doc Notices may be served upon Lessee in person, or by first class mail, or by certified mail to Lessee whether or not said mailing is accepted by Lessee. The above addresses shall be used for service of process. 25. TIME Time shall be of the essence in this Lease. 26. MISREPRESENTATIONS Any statements submitted to City in the Vendors Written Proposal by Lessee are considered inducements to execute this Lease. Misrepresentations shall entitle City to terminate this Lease at any time. 27. REMEDIES OF CITY In addition to any other remedy provided herein, City shall have all remedies provided by law and equity. 28. SERVICE CHARGE A service charge of twenty dollars ($20.00) will be made for each check that must be resubmitted for payment. 29. SIGNING AUTHORITY If this Lease is not signed by all Lessees named herein, the person actually signing warrants that he/she has the authority to sign for the others. 30. CAPTIONS The captions of the various sections, paragraphs and subparagraphs of this Lease are for convenience only and shall not be considered or referred to in resolving questions of interpretation. 31. SURRENDER OF LEASE NOT MERGER 15 \\burble\CLKSHAREDS\Andrew\Documents\working empty folder\8 i3.doc The voluntary or other surrender of this Lease by Lessee, or a mutual cancellation thereof, shall not work a merger, and shall, at the option of City, terminate all or any existing leases or sub - tenancies, or may, at the option of City, operate as an assignment to it of any and all such leases or sub -tenancies. 32. INTEGRATED DOCUMENT This Lease, including any exhibits attached hereto, embodies the entire agreement between City and Lessee and its terms and conditions. No other understanding, agreements, conversations or otherwise, with any officer, agent or employee of City prior to execution of this Lease shall affect or modify any of the terms or obligations contained in any documents comprising this Lease. Any such verbal agreement shall be considered as unofficial information and in no way binding upon City. This Lease may be modified only by a written amendment duly executed by the Parties to this Lease. 33. WAIVER Waiver by City of one or more conditions of performance or any breach or condition under this Lease shall not be construed as a waiver(s) of any other condition of performance or subsequent breaches or conditions. The subsequent acceptance by a Party of the performance of any obligation or duty by another Party shall not be deemed to be a waiver of any term or condition of this Lease. The City's failure to exercise any remedy, right, option or privilege at law or equity, or otherwise which City may have, shall not be construed as a waiver. 34. INTERPRETATIONS In construing or interpreting this Lease, the word "or" shall not be construed as exclusive and the word "including" shall not be limiting. The Parties agree that this Lease shall be fairly interpreted in accordance with its terms without any strict construction in favor of or against any other Party. 35. SEVERABILITY CLAUSE If any provision of this Lease is held to be illegal, invalid or unenforceable in full or in part, for any reason, then such provision shall be modified to the minimum extent necessary to make the provision legal, valid and enforceable, and the other provisions of this Lease shall not be affected. 36. GOVERNING LAW 16 \\burble\CLKSHAREDS\Andrew\Documents\working empty folder\8 i3.doc This Lease shall be governed and construed in accordance with the statutes and laws of the State of California. 37. VENUE In the event that suit shall be brought by any Party to this Lease, the Parties agree that venue shall be exclusively vested in the State courts of the County of San Mateo. 38. COMPLIANCE WITH LAWS The Parties hereto shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments in the performance of their rights, duties and obligations under this Lease, including all applicable laws, ordinances, codes and regulations pertaining to the storage, handling, preparation and service of food. CITY OF BURLINGAME BURLINGAME, CALIFORNIA a municipal corporation Lo Lisa Goldman City Manager LESSEE: Ghada Albougha — Cafe Fika 17 ATTEST Meaghan Hassel -Shearer, City Clerk \\burble\CLKSHAREDS\Andrew\Documents\working empty folder\8 i3.doc APPROVED AS TO FORM: Michael Guina. City Attorney OR \\burble\CLKSHAREDS\Andrew\Documents\working empty folder\8 i.3.doc COMMERCIAL PREMISES LEASE AGREEMENT BY AND BETWEEN CITYOF BURLINGAME AND GHADA ALBOUGHA/ Cafe Fika EXHIBIT A SITE PLAN OF SUBJECT PREMISES \\burfile\CLKSHARED$\Andrew\Documents\working empty folder 8 1 . 3. doC COMMERCIAL PREMISES LEASE AGREEMENT BY AND BETWEEN CITY OF BURLINGAME AND GHADA ALBOUGHA — Caf6 Fika EXHIBIT B INVENTORY OF LESSEE'S FIXTURES AND EQUIPMENT To be completed at move -in after lessee has determined additional equipment needs in Caf6 and Commissary. 1. Beverage Air - LV15-1-B-54 - 36 in Lumavue(tm) Pass Thru Merchandiser with Sliding Doors 2. Turbo Air JST-36 J 3. Waring Commercial panini grill 4. Waring Commercial burner— web 300 5. Solwave Commercial microwave— 180mv 1000d 6. Bunn CWTF15-APS Automatic Airpot Coffee Brewer with Hot Water Faucet - 120V 7. HCO2 5 Liters Hot Chocolate Machine. specs Dimensions 56 x 30 x 30 cm 8. Villaware V2160 UNO ProPress Panini Grill. specs Dimensions: 15.6 x 15.2 x 5.8 inches \\burfile\CLKSHARED$\Andrew\Documents\working empty folder 8 1 . 3. doC COMMERCIAL PREMISES LEASE AGREEMENT BY AND BETWEEN CITY OF BURLINGAME AND GHADA ALBOUGHA — Cafe Fika EXHIBIT C MENU \\burfile\CLKSHARED$\Andrew\Documents\working empty folder 8 1 .3 .do C COMMERCIAL PREMISES LEASE AGREEMENT BY AND BETWEEN CITYOF BURLINGAME AND GHADA ALBOUGHA — Cafe Fika EXHIBIT D STANDARD INSURANCE REQUIREMENTS Insurance Requirements for Lessee: Lessee shall purchase and maintain the insurance policies set forth below on all of its operations under this Lease at its sole cost and expense. Such policies shall be maintained for the full term of this Lease and the related warranty period (if applicable). For purposes of the insurance policies required under this Lease, the term "City" shall include the duly elected or appointed officers, employees, and agents of the City of Burlingame, California, individually or collectively. MINIMUM SCOPE AND LIMITS OF REQUIRED INSURANCE POLICIES. The following policies shall be maintained with insurers authorized to do business in the State of California and shall be issued under forms of policies satisfactory to the City: a. COMMERCIAL GENERAL LIABILITY INSURANCE POLICY ("CGL"). Policy shall include coverage at least as broad as set forth in Insurance Services Office (herein "ISO") Commercial General Liability coverage (Occurrence Form CG 0001) with policy limits not less than the following: $2,000,000 each occurrence (combined single limit); $2,000,000 for personal injury liability; $2,000,000 general aggregate applying separately to this Property $1,000,000 fire b. BUSINESS AUTOMOBILE LIABILITY POLICY ("BAL"). Policy shall include coverage at least as broad as set forth in Insurance Services Office Business Automobile Liability coverage, Symbol 1 "Any Auto" (Form CA 0001). This policy shall include a minimum combined single limit of not less than one million ($1,000,000) dollars for each accident, for bodily injury and/or property damage. C. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY ("WC/EL"). (A Workers' Compensation Policy is required only if Lessee has employees or volunteers.) These policies shall include at least the following coverage's and policy limits: \\burfile\CLKSHARED$\Andrew\Documents\working empty folder 8 1 . 3. doC 1. Workers' Compensation insurance as required by the laws of the State of California; and 2. Employer's Liability insurance with coverage amounts not less than one million ($1,000,000) dollars each accident/Bodily Injury (herein `BI"); one million ($1,000,000) dollars policy limit BI by disease; and, one million ($1,000,000) dollars each employee BI by disease. 2. DEDUCTIBLES AND SELF-INSURANCE RETENTION. Any deductibles and/or self insured retention's which apply to any of the insurance policies referred to above shall be declared in writing by Lessee and approved by the City before work is begun pursuant to this Lease. At the option of the City, Lessee shall either reduce or eliminate such deductibles or self -insured retention's or provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and/or defense expenses. 3. ENDORSEMENTS. All of the following clauses and endorsements, or similar provisions, are required to be made a part of the required insurance policies indicated in parentheses below: a. Additional Insureds. The City of Burlingame, its elected and appointed officials and employees and agents are hereby added as additional insureds in respect to liability arising out of the Lessee's agreement with the City, providing coverage at least as broad as Insurance Services Office (ISO) Endorsement CG 2010, 1985 Edition, or insurer's equivalent (CGL); b. Primary Insurance. This policy shall be considered primary insurance with respect to any other valid and collectible insurance City may possess, including any self -insured retention City may have, and any other insurance City does possess shall be considered excess insurance only and shall not be called upon to contribute with this insurance (CGL & BAL); and Notice of Cancellation. No cancellation shall be effective until written notice has been given at least thirty (30) days prior to the effective date of such cancellation to City at the address set forth below, except the insurer may give ten (10) days notice for non-payment of premium (CGL, BAL, WC/EL & PL). d. Insurance Limits. The City shall be covered as provided herein to the limits of the policies held by Lessee, where those limits exceed the minimums provided herein. 4. ABSENCE OF INSURANCE COVERAGE. City may direct Lessee to immediately cease all activities with respect to this Lease if the City determines that Lessee fails to carry, in full force and effect, all insurance policies with coverages at or above the limits specified in this Lease. Any delays or expense caused due to stopping of work and change of insurance shall be considered Lessee's delay and expense. At the City's discretion, under conditions of lapse, City may purchase appropriate insurance and charge all costs related to \\burfile\CLKSHARED$\Andrew\Documents\working empty folder 8 1 . 3. doC such policy to Lessee. 5. PROOF OF INSURANCE COVERAGE AND COVERAGE VERIFICATION. A Certificate of Insurance, on an Accord form, and implementing endorsements shall be provided to City by each of Lessee's insurance companies as evidence of the stipulated coverages prior to commencement of this Lease, and annually thereafter at least ten (10) days prior to termination of existing coverage for the term of this Lease. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by this Lease at any time. All of the insurance companies providing insurance for Lessee shall have, and provide evidence of, a Best Rating Service rate of "A VI" or above. The Certificate of Insurance and coverage verification and all other notices related to cancellation shall be mailed to: City of Burlingame Office of the City Clerk 501 Primrose Road Burlingame, CA 94010 \\burfile\CLKSHARED$\Andrew\Documents\working empty folder 8 1 . 3. doC COMMERCIAL PREMISES LEASE AGREEMENT BY AND BETWEEN CITY OF BURLINGAME AND GHADA ALBOUGHA — Caf6 Fika EXHIBIT E RULES AND REGULATIONS 1. All areas of the Burlingame Public Library nor leased shall not be obstructed by Lessee or used by it for any purpose other than for ingress or egress from the Premises, except that lessee shall have the right to use the indoor and outdoor eating areas. City shall in all cases retain the right to control and prevent access to the Premises of all persons whose presence in the judgment of the City would be prejudicial to the safety, character, reputation and interests of the Library, provided that nothing herein contained shall be construed to prevent such access to persons with whom Lessee normally deals in the ordinary course of its business, unless such persons are engaged in illegal activities. Lessee shall not go upon the roof of the building. 2. The Premises shall not be used for lodging or sleeping. 3. City will furnish Lessee with two (2) keys to the Premises, free of charge. No additional locking devices shall be installed without the prior written consent of the City. City may make reasonable charge to lessee for any additional lock or ay bolt installed on any door of the Premises without the prior written consent of the City. Lessee shall in each case furnish City with a key for any such lock. Lessee, upon the termination of its tenancy, shall deliver to the Landlord all keys to doors in the Building and the Premises that shall have been furnished to Lessee. 4. In case of invasion, mob, riot, public excitement or other circumstances rendering such action advisable in the City's opinion, City reserves the right to prevent access to the Premises during continuance of same by such action as City may deem appropriate, including closing entrances to the Building. Lessee's rent shall be abated during such periods of closure. 5. The toilet rooms, toilets, urinals, wash bowls and other apparatus shall not be used for any purpose other than that for which they were constructed; no foreign substance of any kind whatsoever shall be deposited therein and any repairs of damage resulting to same from lessee's misuse shall be paid by Lessee. 6. Except with the prior consent of City, Lessee shall not sell, or permit the sale from the Premises of, or use or permit the use of any Common Area adjacent to the Premises for the sale of newspapers, magazines, periodicals, theatre tickets or any other goods, merchandise or service, nor shall lessee carry on, or permit or allow any employee or other person to carry on, business in or from the Premises for the service or accommodation of occupants of any \\burfile\CLKSHARED$\Andrew\Documents\working empty folder 8 1 . 3. doC other portion of the Building, nor shall the Premises be used for manufacturing of any kind, or for any business activity other than specifically provided for in the Lease. 7. Lessee shall not install any radio or television antenna, loudspeaker or other device on the roof or exterior walls of the Building. 8. Lessee shall not use in any space, or in the Common Areas of the Building, any hand trucks except those equipped with rubber tires and side guards or such other material handling equipment as City may approve. 9. Lessee shall store all its trash and garbage within the Premises until daily removal of same by Lessee to the dumpster provided by City for disposal thereof. No material shall be placed in the Building trash boxes or receptacles if such material is of such nature that it may no be disposed of in the ordinary and customary manner of removing and disposing of trash and garbage in the City of Burlingame without being in violation of any law or ordinance governing such disposal. 10. All loading and unloading of merchandise, supplies, materials, garbage and refuse and delivery of same to the Premises shall be made only through such entryways and elevators and at such times as City shall designate. In its use of the loading areas on the first floor, Lessee shall not obstruct or permit the obstruction of said loading areas, and at no time shall Lessee park vehicles therein except for loading and unloading. 11. Canvassing, soliciting, peddling or distribution of handbills or any other written material in the Building is prohibited and lessee shall cooperate to prevent same. 12. Lessee shall not permit the use of the operation of any coin operated machines on the Premises, including, without limitation, vending machines, video games, pinball machines, or pay telephones without the prior written consent of City. 13. City may direct the use of all pest extermination and scavenger contractors at such intervals as City may require. 14. The requirements of Lessee will be attended to only upon application by telephone or in person at the Library Business Office. Employees of City shall not perform any work or do anything outside of their regular duties. 15. City may waive any one or more of these Rules and Regulations for the benefit of any particular Lessee or Lessees, but no such waiver by City shall be construed as a waiver of these Rules and Regulations in favor of any other Lessee or Lessees, nor prevent City from thereafter enforcing any such Rules and Regulations against any or all Lessees of the Building. 16. These Rules and Regulations are in addition to, and shall not be construed in any way to modify, alter or amend, in whole or part, the terms, covenants, agreements and conditions of any lease of Premises in the Library. 17. City reserves the right to make such other reasonable rules and regulations as in its judgment \\burfile\CLKSHARED$\Andrew\Documents\working empty folder 8 1 . 3. doC may, from time to time, be needed for the safety, care and cleanliness of the Library, and for the preservation of good order therein, provided that any such rules shall not materially impair Lessee's rights in the Premises or increase any burdens upon Lessee in connection therewith. 18. Lessee shall have the right to connect the telephone system in the Premises to the telephone cable distribution system serving the Library at the location of the telephone cable terminal on the floor on which the Premises are situated, provided that no connection shall be made and no work otherwise affecting the telephone cable terminal or distribution system shall be undertaken without reasonable prior notice to, and approval of, the City. City shall have responsibility for maintenance of the telephone distribution system and may require supervision of the connection by City, and may impose such other reasonable conditions as may be necessary to protect the telephone cable terminal or distribution system. Any damage to the telephone cable terminal or distribution system caused by the act or omission of Lessee shall be repaired at expense of Lessee. \\burfile\CLKSHARED$\Andrew\Documents\working empty folder 8 1 . 3. doC To: Date: From: Subject STAFF REPORT Honorable Mayor and City Council March 6, 2023 AGENDA NO: 8j MEETING DATE: March 6, 2023 Sigalle Michael, Sustainability Program Manager — (650) 558-7274 Adoption of a Resolution Authorizing the City Manager to Negotiate and Execute an Agreement with Pacific Gas and Electric (PG&E) to Participate in the PG&E Electric Vehicle Fast Charge Program RECOMMENDATION Staff recommends that the City Council adopt the attached resolution authorizing the City Manager to negotiate and execute an Agreement with PG&E for the City to participate in PG&E's Electric Vehicle Fast Charge Program so that PG&E can supply and deploy fast charging power infrastructure at the Donnelly Parking Garage, adjacent to the Main Library. BACKGROUND The City of Burlingame received a grant award from the California Electric Vehicle Infrastructure Project (CALeVIP) for the installation of fast electric vehicle (EV) charging stations at the Donnelly Parking Garage. The City completed a request for proposals process and, pursuant to Resolution No. 121-2021, awarded Powerflex a contract to utilize the CALeVIP grant to install and operate the new charging stations. The Powerflex contract is in the amount of $312,000, of which $300,000 would be reimbursed through the CALeVIP grant. Due to increased labor and material costs, Powerflex informed the City that they cannot complete the project under the contract terms. Subsequently, PG&E accepted the site into its Fast EV Charge Program ("Program"). Through the Program, PG&E will supply and deploy fast charging infrastructure at the Donnelly Parking Garage at no cost to the City, and Powerflex will install the fast EV charging stations according to their contract with the City. In order to allow for PG&E's participation in its contract with Powerflex, the City Council adopted Resolution No. 119-2022, authorizing the City Manager to negotiate and execute no -cost amendments to the Powerflex agreement. The CALeVIP grant is funded by the California Energy Commission and administered by the Center for Sustainable Energy (CSE). Following discussions with CSE and Powerflex, all parties agree that transferring the grant from the City to Powerflex would allow for a more efficient administration of grant funds. This transfer would result in no additional fees or costs to the City. For this reason, and pursuant to the authority provided by Resolution No. 119-2022, staff intends to transfer the PG&E Fast Charge Program March 6, 2023 CALeVIP grant to Powerflex contemporaneously with the execution of the proposed agreement with PG&E. DISCUSSION In October 2022, the City Council adopted Resolution No. 119-2022 authorizing the City to negotiate and execute an amendment to the City's Powerflex agreement to account for PG&E's power infrastructure support at the Donnelly Parking Garage and to ensure Powerflex complies with all of the listed requirements of PG&E's program. Powerflex will remain responsible for utilizing and complying with the CALeVIP grant to install, operate, and maintain the fast EV charging stations. As noted above, the City will transfer ownership of the CALeVIP grant to Powerflex for the benefit of efficiently administrating the project. The resolution presented today authorizes the City Manager to negotiate and execute the Agreement with PG&E to enable the City to participate in PG&E's Fast Charge Program. The Program will be at no cost to the City. FISCAL IMPACT There is no fiscal impact. Exhibits: • Resolution • PG&E EV Fast Charge Agreement Template 2 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH PACIFIC GAS AND ELECTRIC (PG&E) TO PARTICIPATE IN THE PG&E ELECTRIC VEHICLE FAST CHARGE PROGRAM WHEREAS, the City of Burlingame received a grant award from the California Electric Vehicle Infrastructure Project (CALeVIP) for the installation of electric vehicle (EV) charging stations at the Donnelly Parking Garage adjacent to the Main Library; and WHEREAS, installing Direct Current Fast Charging (DCFC) and Level 2 EV charging stations at the Donnelly Parking Garage would meet stated goals in the EV Action Plan, support California's transition to cleaner transportation, and utilize the highly competitive CALeVIP grant award received; and WHEREAS, on October 10, 2021, pursuant to Resolution No. 121-2021, the City of Burlingame executed an agreement with Powerflex, Inc. in the amount of $312,000 to install EV Fast Chargers at the Donnelly Parking Garage, of which $300,000 would be reimbursed through the CALeVIP grant; and WHEREAS, due to operational complications related to the present electrical power supply at the Donnelly Parking Garage, Powerflex is currently unable to complete the scope of work; and WHEREAS, Pacific Gas and Electric (PG&E) offers an "EV Fast Charge" program for select participants, and has offered to provide the additional electrical supply necessary to the City of Burlingame for this location, which would allow Powerflex to complete the contracted work; and WHEREAS, the City Council adopted Resolution No. 119-2022 authorizing the City to negotiate and execute an amendment to the City's Powerflex agreement to account for PG&E's power infrastructure support at the Donnelly Parking Garage and to ensure Powerflex complies with all of the listed requirements of PG&E's program; and WHEREAS, pursuant to the authority provided by Resolution No. 119-2022, the City intends to execute a no -cost amendment to the aforementioned Powerflex agreement, which would put additional requirements on Powerflex to ensure their compliance with PG&E's program requirements; and WHEREAS, the City believes accepting PG&E's offer of participation in the EV Fast Charge program is in the best interest of the City. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME RESOLVES AS FOLLOWS: 1. The City Council hereby authorizes the City Manager to negotiate and execute an agreement, in the form attached hereto, with PG&E to participate in PG&E's EV Fast Charge program. Michael Brownrigg, Mayor I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 6th day of March, 2023, and was adopted thereafter by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: Meaghan Hassel -Shearer, City Clerk Pacific Gas and Electric Company® Clean Energy Transportation Pacific Gas and Electric Company 77 Beale Street San Francisco, CA 94105 August 29, 2022 Lisa K. Goldman City of Burlingame 501 Primrose Rd, Burlingame, CA 94010 Igoldman@burlingame.org RE: PG&E Electric Vehicle Fast Charge Program Contract (DCFC002695239) Dear Lisa, We are pleased to share that the site(s) listed below have been selected to join PG&E's EV Fast Charge program, pending satisfaction of the site -specific contingencies described in this letter. When we receive your countersigned copy of this letter, we will move these sites into the Design phase and begin the engineering, design and construction. Site: 480 Primrose Rd, Burlingame, CA 94010 The following items are included in this Contract package: • Part A: Project Description • Part B: Terms and Conditions • Attachment 1: Preliminary Site Designs • Attachment 2: Sample Easement (final version to be completed and signed once the project design is finalized) You have selected Powerflex as your EVSE supplier. Your contacts at Powerflex should remain your key points of contact related to any questions about the application process, charger procurement, installation, commissioning, activation, and ongoing operations and maintenance. Please review all of the documents in this package carefully and let me know if you have any questions. The Project Description and the Terms and Conditions will, when signed on behalf of the Site Host, constitute a legallybinding contract between the Site Host and PG&E. After we receive your signed copy, we will introduce you to your PG&E Project Manager, who will lead you through the design and construction of the project. Please note this offer to participate in PG&E's EV Fast Charge program will automatically expire and be deemed null and void if your signed Contract has not been received by PG&E on the date that is thirty (30) calendar days following the date of this letter set forth above. Thank you for your participation in this exciting program! You are taking an important step to support Cal ifornia'sambitious climate and air quality goals, and we appreciate that you've elected to work with PG&E to install charging stations at your site. Sincerely, Sam Piell Program Manager— EV Fast Charge Samantha. Piell(a)Pge.com 510.890.5574 fast charge Cc: Powerflex v5.032022 Page 1 of 12 Pacific Gas and Electric Company® Clean Energy Transportation Pacific Gas and Electric Company 77 Beale Street San Francisco, CA 94105 ,r . IT47TMO UST Site Host Name and Contact Contract Signatory Information Lisa K. Goldman — City Manager Primary Contact Person: Sigalle Michael City of Burlingame Library 501 Primrose Rd, Burlingame, CA 94010 smichael@burlingame.org Site Address(es) Chargers located at: 480 Primrose Rd Burlingame, CA 94010 Is Site Host the owner or lessee Owner of the Site? EVSE Package Supplier Powerflex EVSE Owner (billing customer Contract Signatory of record for EVSE energy Lisa K. Goldman — City Manager charges) City of Burlingame 501 Primrose Rd, Burlingame, CA 94010 EVSE Service Commencement Within 60 days of completion of make-ready infrastructure as Date documented in project completion letter Term 5 years from the date the EVSE becomes operational Contingencies As described below DAC Rebate (estimate only, if Not Applicable applicable) Other Incentives (estimate Not Applicable only, if applicable) Capitalized terms are defined in Part B: Terms and Conditions. Project Overview: Site Host has selected the fast charge package(s) described above for deployment at the above Sites. PG&E will design, construct, own and maintain an EV Service Connection and related EV Supply Infrastructure at those Sites. Site Host will contract directly with the EVSE Package Supplier to supply, install and provide operations and maintenance services for the EVSE Package(s). Contingencies: Selection of sites for inclusion in PG&E's EV Fast Charge program involves careful consideration of the project costs and total scope of work, including site conditions. A final decision to proceed with construction is dependent on satisfaction of the following contingencies. PG&E may remove a Site from the Fast Charge Program if any of these contingencies is not satisfied. If PG&E removes a Site then this Contract will be deemed terminated with respect to that Site but will continue in force for other Sites (if any) described in the Project Description. v5.032022 Page 2 of 12 Pacific Gas and Electric Company® Clean Energy Transportation Pacific Gas and Electric Company 77 Beale Street San Francisco, CA 94105 • Easements. All required easements must be obtained from applicable landowners and third parties within60 days after PG&E provides the easement documentation to Site Host. Refer to section 10 of the Termsand Conditions for details on how easements will be addressed. Note that PG&E may recover costs from Site Host if the project is removed from the EV Charge Program because easements cannot be obtained —refer to Section 10. • Make-ready costs. PG&E reserves the right to remove a Site from the Fast Charge Program at the completion of the design and estimation stage if the estimated cost of EVSE Service Connection and EV Supply Infrastructure for that site, inclusive of easement costs ("make ready costs") materially exceeds projected costs. PG&E will not seek to recover project costs from Site Host if PG&E cancels the project for this reason. • ADA exception: This project's viability is contingent upon an exception to the ceiling height requirement for van accessible ADA stalls. PG&E has received in writing, a confirmation from the City of Burlingame's Chief Building Official, that this exemption can be made. Should the project become unviable due to this exemption not being granted prior to issuance of a building permit issuance, EVSE Owner is responsible for costs incurred during the final design process. Timely Commencement of EVSE Service. This project is being subsidized by PG&E and California ratepayers in the expectation that Site Host will complete the installation process and make the EVSE fast charge service available to the public no later than the EVSE Service Commencement Date specified above. If this is not achieved, then, except in the case of a termination due to failure of a contingency (which are addressed in the paragraphs above), PG&E reserves the right to recover the fees and costs incurred by PG&E and its contractors after the execution of this Contract with respect to the affected Site(s) including, but not limited to, design cost, site walk costs, site preparation and construction costs. DAC Rebates, if applicable, will not be paid until after the EVSE service has commenced. Site Host Acceptance. Site Host confirms its participation in PG&E's EV Fast Charge Program and agrees to be bound by this Contract, including Part B: Terms and Conditions. By signing this Contract, Site Host is committing to deploy the number of charging ports and charger locations specified above and in the attached preliminary design, subject to the contingencies noted herein. If Site Host is also the EVSE Owner, then Site Host is responsible for both Site Host and EVSE Owner's obligations under the Contract. EVSE Owner Acceptance. If Site Host will not be the EVSE Owner, then EVSE Owner must sign this Contract. By signing this Contract EVSE Owner confirms its participation in PG&E's EV Fast Charge Program and agrees to be bound by this Contract, including Part B: Terms and Conditions. By signing this Contract, EVSE Owner is committing to deploy the number of charging ports and charger locations specified above and in the attached preliminary design, subject to the contingencies noted herein. v5.032022 Page 3 of 12 Pacific Gas and Electric Company' Part B: Terms and Conditions EV Fast Charge Program Definitions Clean Energy Transportation Pacific Gas and Electric Company 77 Beale Street San Francisco, CA 94105 1.1 Disadvantaged Community (DAC) — Census tracts in PG&E's electric service territory with a top quartile score according to California Environmental Protection Agency's CalEnviroScreen 3.0, or current version. 1.2 DAC Adjacent — The area a half -mile around a DAC; it is not eligible for the DAC EVSE rebate, but is tracked for PG&E goals and reporting requirements. 1.3 EV Service Connection — Traditional utility infrastructure from the utility distribution system to the meter, which may include but is not limited to cable, conductors, conduit, transformers and associated substructures from the utility distribution system. Also referred to as "To the Meter" (TTM) infrastructure. 1.4 EV Supply Infrastructure — Infrastructure from the meter (but not including the meter) to the parking space, this may include an electrical panel, cable and conduit necessary to deliver power to the parking space, as well as any equipment mounting infrastructure (e.g., concrete pad, Unistrut, etc.). Also referred to as "Behind the Meter" (BTM) infrastructure. High level EV infrastructure configuration and terminology 16 IL ....................................:........................................................... Utility assets (e.g., power Meter Electric Charger Electric Vehicle lines, transformer) panel EV Service Connection, or EV Supply Infrastructure, or EV Supply To The Meter (TTM) Behind The Meter (BTM) Equipment infrastructure infrastructure (EVSE) 1.5 EVSE — Electric vehicle supply equipment used for charging EVs. This includes all components of the power dispenser(s) and power cabinet(s) including conductors (ungrounded, grounded, and equipment grounding conductors), the electric vehicle connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatuses installed specifically for the purpose of delivering energy from the premises wiring to the electric vehicle. 1.6 EVSE Package — EVSE hardware, software, and network services — from Suppliers for the EV Fast Charge Program. 1.7 EVSE Operations and Maintenance (O&M) — Services required to operate and maintain the EVSE including but not limited to network fees, replacement of parts and associated services necessary to keep the EVSE operational. EVSE O&M does not include maintenance and repair of the EV Service Connection and the EV Supply Infrastructure. 1.8 DAC Rebate — If the EVSE is located inside of a DAC then the EVSE Owner may be eligible to receive a Rebate. Review rebate information on www.pqe.com/evfastcharge. Also refer to DAC Page 4 of 14 EV Fast Charge Terms and Conditions Pacific Gas and Electric Company' Clean Energy Transportation Pacific Gas and Electric Company 77 Beale Street San Francisco, CA 94105 Rebate eligibility conditions in Section 3 of the Terms and Conditions. 1.9 EVSE Owner — The entity that is responsible for paying the up front and ongoing costs associated with keeping the EVSE Package operational. The EVSE Owner may be the Site Host, an EVSP or a 3rd Party. The EVSE Owner is also the customer of record for PG&E for purposes of the EVSE and will be responsible for paying all electric bills associated with the EVSE's operation under the selected PG&E Rate Plan. In general, the EVSE will be owned and maintained by the Site Host. In situations in which a Site Host does not own the EVSE(s), the EVSE Owner assumes the responsibilities of the Site Host under this Contract pertaining to operations, maintenance and data collection. 1.10 EVSP — Electric vehicle service provider is an entity that provides EVSE hardware and software to enable electric vehicle charging. Regardless of whether an EVSP is a party to this contract they are expected to have separate contractual relationships with customers that are complementary to those stated within this Contract. 1.11 PG&E — Pacific Gas and Electric Company. 1.12 Site(s) — the sites identified for the deployment of EVSE in Part A (Project Description). 1.13 Rate Plan — A retail energy rate plan offered by PG&E. EVSE Owner will be the PG&E customer of record and will be responsible for paying the PG&E bill associated with the EVSE. The EVSE Owner may enroll in any applicable PG&E rate plan based on their service use. Detail on PG&E rates and eligibility criteria can be found at www.pge.com/tariffs 1.14 Site Host —The Site Host owns or leases the Premises where the EVSE Packages are installed. Acknowledgement and Term: All parties hereto agree to abide by the terms and conditions of this Contract for participation in the EV Fast Charge Program (part of California Public Utilities Commission, or "CPUC", Decision Number 18-05-040 issued May 31, 2018), including all requirements expressly incorporated by reference. The duration of this Contract (the "Term") will commence on the date in which EVSE becomes operational and will continue in effect for the Term stated in Part A (Project Description) (unless otherwise earlier terminated pursuant to the terms herein). The EVSE will be deemed to be operational when both the EVSE commissioning is complete and the final inspection by Authority Having Jurisdiction has been passed (as shown by the date of the final inspection certificate). DAC Rebate Conditions. If a Site is located in a Disadvantaged Community it may be eligible for a DAC Rebate, which is a direct reimbursement of 75% of the actual purchase and installation but capped at $25,000 per charger. The DAC Rebate will be paid to the EVSE Owner. Any estimate of the applicable rebate in Part A (Project Description) is indicative only and is subject to adjustment according to the following requirements: 3.1 The DAC Rebate is intended to contribute to the cost of the charger and installation, and is not to be used to cover the cost of ongoing operations and maintenance or other associated fees. 3.2 EVSE Owner may fund the remaining portion of the purchase and installation costs that are not funded by the DAC Rebate using other local, state or federal funded incentives relating to the EVSE or the provision of fast charge services at the Site ("Other Incentives"). However, if total value of the DAC Rebate and Other Incentives exceeds the actual purchase and installation cost, PG&E reserves the right to reduce the DAC Rebate on a dollar for dollar basis by the amount of the excess, and to recover such amount from EVSE Owner if the Other Incentives are received or disclosed to PG&E after the DAC Rebate is paid. For example, assume total purchase and installation costs for 4 chargers is [4 x $20,000 = $80,000]. In that case the DAC Rebate would be $60,000. EVSE Owner may obtain Other Incentives to fund all or some portion of the remaining Page 5 of 14 EV Fast Charge Terms and Conditions Pacific Gas and Electric Company' Clean Energy Transportation Pacific Gas and Electric Company 77 Beale Street San Francisco, CA 94105 $20,000. However, if the Other Incentives totaled $30,000 then PG&E would reduce the DAC Rebate to $50,000 (and would claim a refund of $10,000 if the DAC Rebate had already been paid). 3.3 EVSE Owner is required to disclose all Other Incentives that are awarded in connection with this project before PG&E pays the DAC Rebate. Other Incentives must be disclosed as and when they are awarded, even if they are awarded after the date of this letter. PG&E will finalize the DAC Rebate calculation when the Other Incentives are finally determined. 3.4 The DAC Rebate for each charging station will be paid in one lump -sum payment within thirty (30) days after completion of the following with respect that charger: (1) proof of purchase or relevant documentation showing purchase of the designated number of qualified EVSE and documentation verifying the amount of any Other Incentives; (2) completion of PG&E's inspection of the EVSE and the physical location, and (3) confirmation that the EVSE is operational. 4. Selection of Electric Vehicle Service Equipment Package: EVSE Owner may choose any EVSP from the list of qualified EVSPs, and any EVSE Package offered by that EVSP. It is the responsibility of the EVSE Owner to ensure that the selected EVSE Package is included in PG&E's current list of EV Fast Charge Program qualified products. EVSE Owner acknowledges that PG&E makes no representations regarding manufacturers, dealers, contractors, materials or workmanship of the EVSE Package. Site Host and EVSE Owner agree that PG&E has no liability whatsoever concerning the quality and safety of the EVSE Package. EVSE Owner shall install, operate and maintain the number and type of EVSE Packages described in Part A (Project Description). In all cases, PG&E's responsibility is limited to the EV Service Connection and the EV Supply Infrastructure. The cost of establishing the EV Service Connection and EV Supply Infrastructure will be borne by PG&E, except as stated in Part A (Project Description). 5. Additional Services from EVSP: The EVSP may offer and contract directly with the Site Host and/or EVSE Owner to provide additional or complementary services that are not described in Part A (Project Description), as long as these services do not materially interfere with the objectives of the EV Fast Charge Program. The costs of additional EVSP services (including any additional work required for the EV Service Connection or EV Service Infrastructure), and any cost related to O&M of any additional EVSP services, will not be borne by PG&E pursuant to this Contract. 6. Installation Process: 6.1 PG&E and/or its contractors shall, at PG&E's sole cost and expense (except as stated in Part A (Project Description), if applicable), design and construct the EV Service Connection and EV Supply Infrastructure in compliance with the terms of this Contract, as well as all applicable local, state and federal laws and regulatory requirements. 6.2 Site Host is responsible for (i) providing or obtaining required easements (refer to section 11 below), and (ii) providing all disclosures regarding known conditions, including but not limited to hazardous or contaminated materials, located at the Site. 6.3 Arrangements for removal of any hazardous or contaminated materials, and any other environmental remediation, will be Site Host's responsibility. If PG&E is to assume any responsibility for remediation of any of these conditions this must be expressly stated in Part A (Project Description) and will be limited to the responsibilities described therein. 6.4 EVSE Owner will be PG&E's single point of contact for the EVSE installation project and is responsible for coordinating all communications among EVSE Owner, Site Host and relevant third parties with respect to the installation process, for securing required approvals with respect to preliminary and final designs. 6.5 A preliminary layout of proposed facilities will be provided by PG&E to EVSE Owner for Site Host and EVSE Owner review and approval; such approval will not unreasonably be withheld. RSEFP% Host and EVSE Owner approval of the preliminary design, PG&E wiPl�PP91MR4-�e"i'34 off ions Pacific Gas and Electric Company' Clean Energy Transportation Pacific Gas and Electric Company 77 Beale Street San Francisco, CA 94105 Owner if there are any proposed material changes. A final design with no material changes from the agreed upon design, will be provided by PG&E to EVSE Owner prior to any installation activities. PG&E, Site Host, and EVSE Owner will approve final design prior to construction beginning. Once design is approved no material changes will be made without approval from PG&E, Site Host, and EVSE Owner. 6.6 An estimated installation schedule for the EV Supply Infrastructure shall be provided by PG&E after execution of any required easements and the approved building permit. Should the schedule require modification, PG&E shall notify EVSE Owner within a reasonable amount of time of such changes. 6.7 The EVSE Owner and/or its contractors shall install the EVSE, in compliance with the terms of this Contract, as well as all applicable local, state and federal laws and regulatory requirements. The EVSE Owner is responsible for all costs of the EVSE Package and its installation. PG&E will assess whether the installation complies with quality and safety standards before confirming project completion and delivering any applicable DAC Rebates. 6.8 Upon completion of installation of the EVSE, the EVSE Owner understands and acknowledges that EVSE Owner will be responsible for EVSE Operations and Maintenance. 7. EV Drivers Right to Access: Access to or use of the EVSE shall not be restricted for reasons including, but not limited to, race, color, religion, age, sex, national origin, ancestry, physical or mental disability, or any basis prohibited by applicable law. In addition, per the EV Fast Charge Program requirements, the EVSE shall be available to the public 24 hours per day, 7 days per week, except for emergencies, maintenance, and other reasonable planned outages. Access to EVSE parking spaces may not be restricted to customers of a specific business or restricted on any other basis, except to the extent reasonably necessary to provide reasonable general customer access to the EVSE and to the Site Host's facilities. Site host and EVSE Owner agree to have address and charger status listed on publicly available maps and databases. 8. Duty to Notify: Site Host warrants that it is the occupier of the Premises as an owner or tenant and has legal control of the Premises. Site Host has a duty to promptly notify PG&E when Site Host becomes aware of any unsafe, inoperable or damaged EV Service Connection or EV Supply Infrastructure equipment. In addition, Site Host and EVSE Owner shall promptly report all claims and/or incidents associated with the EV Service Connection or the EV Supply Infrastructure to PG&E or its designated representative(s), and shall promptly thereafter confirm in writing any injury, loss, or damage incurred by Site Host and/or EVSE Owner or any third party. 9. Accessibility Requirements: The installation of the EVSE and EV Service Connection is required to comply with the Americans with Disabilities Act (ADA) and California Building Standards. PG&E is responsible for the costs of complying with these standards as they relate to the installation of EVSE Service Connection and EV Supply Infrastructure. Site Host understands and accepts that such standards may impact parking layouts and reduce the number of non -accessible parking spaces available. Site Host understands and accepts that changes to initial design representations may occur during the design, construction and operational phases of the EVSE as may be dictated by design constraints, by law or regulation or by local jurisdictional authorities. 10. Easement Requirement: 10.1 An easement may be required to install and maintain the EV Service Connection and EV Supply Infrastructure. PG&E will use existing easements when possible to minimize encumbrances on the Site(s). If a new easement is required, access rights will follow standard utility requirements for providing electrical service. PG&E will determine if a new easement is required. PG&E will provide the easement documentation to Site Host for execution by the landowner and/or other relevant third parties such as secured lenders. If the EV Service Connection must cross property owned by Page 7 of 14 EV Fast Charge Terms and Conditions Pacific Gas and Electric Company' Clean Energy Transportation Pacific Gas and Electric Company 77 Beale Street San Francisco, CA 94105 a third party to serve Site Host, PG&E may, at its option, install such EV Service Connection after appropriate rights of way or easements, satisfactory to PG&E, are obtained. 10.2 PG&E will pay for the cost of drafting easement documentation except as otherwise expressly set forth in this Contract or in the easement documentation. Site Host or the EVSE Owner will be responsible for any compensation payable to third party landowners or interest holders in consideration for the easement. 10.3 If the duly executed easement with applicable consents is not provided to PG&E's satisfaction (based on standard utility requirements) within 60 days after PG&E provides the documentation to Site Host, or if Site Host or the EVSE Owner is not willing to pay any required third -party compensation, then PG&E may remove the affected Premises from the EV Fast Charge Program and recover project costs incurred by PG&E prior to the date of cancellation in connection with the removed Premises. 10.4 Upon termination of the Contract, PG&E shall, within thirty (30) days written demand therefor, execute and deliver to Site Host (or the relevant third party) a quitclaim of any easement granted pursuant to this Contract, at Site Host's (or the relevant third party's) cost. 11. Access to Site Host's Premises: PG&E shall at all times have the right to enter and leave the Site Host's Premises for any purpose connected with the furnishing of electric service to the EV Supply Infrastructure and EV Service Connection (meter reading, inspection, testing, routine repairs, replacement, maintenance, vegetation management, emergency work, etc.) and the exercise of any and all rights secured to it by law, or under PG&E's applicable tariff schedules. Except in emergencies, PG&E shall use best efforts to provide Site Host/EVSE Owner with advance notice of work that is likely to affect access to or use of the Site, consistent with PG&E's standard utility practices. If Site Host does not grant PG&E reasonable access to the Premises, then PG&E may, consistent with PG&E's standard utility practices, deenergize the EV Supply Infrastructure or EV Service Connection until access is granted. 12. EVSE Operation and Maintenance: The EVSE Owner is required to operate and maintain the EVSE for the Term of this Contract. EVSE Owner will pay all O&M costs associated with the EVSE. EVSE Owner shall maintain 24x7 uptime and public availability of the EVSE, except for service interruptions as permitted herein. Site Host shall maintain the common area improvements immediately surrounding the EVSE in good and safe condition. Such maintenance by Site Host of the immediately surrounding common areas shall include, but not be limited to, pavement maintenance and snow removal services. 13. Billing: EVSE Owner will be the PG&E customer of record for the EVSE and will be served an applicable rate. As the customer of record, EVSE Owner will be responsible for paying the PG&E bill associated with the EVSE. 14. Changing Rate Plan: EVSE owner may change Rate Plan during the Term, but must remain on a retail PG&E rate for the duration of the Term. If EVSE owner switches to a non -retail PG&E rate (e.g., a wholesale tariff) during the Term, Site Host shall bear the full cost and sole expense, as circumstances may dictate, for losses incurred by PG&E on behalf of ratepayers, such as pro -rated costs of equipment, site design and installation. 15. Reliability: PG&E does not guarantee uninterrupted service. At its own expense, EVSE Owner may pursue options to ensure that any impact to operations from potential loss of power is sufficiently mitigated. 16. Changes to EVSE. 16.1 Replacement: Site Host may replace EVSE during the Term. Site Host must notify PG&E ahead of replacement to ensure the EV Service Infrastructure can accommodate the additional load and Page 8 of 14 EV Fast Charge Terms and Conditions Pacific Gas and Electric Company' Clean Energy Transportation Pacific Gas and Electric Company 77 Beale Street San Francisco, CA 94105 new EVSE complies with necessary CPUC requirements for the EV Fast Charge Program. If adequate infrastructure does not exist, Site Host must request increased capacity in accordance with the provisions of CPUC filed tariffs such as Electric Rule 16. Any replacements will be at Site Host's expense and its liability. 16.2 Relocations: Should Site Host or EVSE Owner request relocation of EVSE or parts thereof at any point in time, such relocation shall be per mutually agreeable terms and shall be at sole expense of the party making the request and in accordance with any EV Fast Charge Program requirements, laws, regulations or other applicable jurisdictional requirements. Additionally, if requested by PG&E, Site Host shall either amend the Easement to include the legal description of the new location or enter into a new Easement with PG&E. 16.3 Expansion: Site Host must coordinate with PG&E prior to expansion of chargers or charger capacity. any installations or related work performed outside of the initial EV Fast Charge program will be at Site Host's expense and liability. PG&E will not unreasonably withhold consent. 17. Permission to Use Data: EVSE Owner and Site Host agree to allow PG&E, its agents and representatives to access and use data gathered as part of the EV Fast Charge Program (including usage data from the EVSE and EVSE performance data supplied directly to PG&E from the EVSP) ("Usage Data") for PG&E's internal use, for the enhancement of the EV Fast Charge Program and similar programs and for regulatory reporting purposes, and all such use shall be in accordance with applicable laws and regulations. If Site Host or the EVSE Owner do not control access to Usage Data, EVSE Owner will direct the person who controls such access to make Usage Data available to PG&E in a file format reasonably acceptable to PG&E and consistent with regulatory reporting requirements. All data shall be anonymized before it is provided to PG&E. 18. Representations: Site Host and EVSE Owner understand that participation in PG&E's EV Fast Charge Program shall not be construed as creating any agency, partnership, or other form of joint enterprise between the Site Host, EVSE Owner, PG&E, or their affiliates, contractors, vendors, representatives or designees nor create any obligations or responsibilities on their behalf except as may be expressly granted in writing, nor make any representations of any kind to this effect. Site Host represents and warrants that it is either (i) the fee title owner of the Premises and has the right to grant the easement and other rights of access referred to in this Contract, or (ii) it is the lessee of the Premises and, subject to obtaining an easement from the landlord as described in this Contract, has the power, authority and capacity to bind itself to undertake the EV Fast Charge Program terms and conditions and to perform each and every obligation required of Site Host. 19. Regulatory Changes: PG&E may initiate changes to the EV Fast Charge Program as necessary to comply with CPUC directives. PG&E shall endeavor to provide Site Host and EVSE Owner with advance notice of any such changes. 20. Compliance with Laws: All parties shall comply with all applicable federal, state, and local statutes, rules, regulations, laws, orders and decisions that relate to or govern its participation in the EV Fast Charge Program and/or a party's interactions with customers in connection with the EV Fast Charge Program, including operation of the EVSE. 21. PG&E Termination or Suspension: PG&E may terminate, or for any duration suspend, Site Host's or EVSE Owner's participation in the EV Fast Charge Program, or operation of EVSE to comply with regulatory mandates or for cause including but not limited to: failure to provide or maintain terms of easement, breach of this Contract, failure to abide by EV Fast Charge Program terms and conditions, permitting issues, exceptional installation costs, environmental concerns, or any other material reason(s) not in the best interests of the EV Fast Charge Program or PG&E's ratepayers. 22. Assignment in Connection with Site Transfer: Site Host and/or EVSE Owner may assign its rights and obligations under this Contract to a purchaser or acquiror of the Site in connection with the sale or Page 9 of 14 EV Fast Charge Terms and Conditions Pacific Gas and Electric Company' Clean Energy Transportation Pacific Gas and Electric Company 77 Beale Street San Francisco, CA 94105 transfer of the Site, by giving PG&E written notice no more than 30 days after the assignment occurs. A party's rights under this Contract are not otherwise assignable. 23. Early Removal, Termination or Cessation of EVSE Service: Should Site Host or EVSE Owner request removal of EV Supply Infrastructure or termination of an EV Service Connection before the end of the Term (an "Early Termination"), the Site Host or EVSE Owner who requests removal shall bear full cost and sole expense of such removal. In addition, if there is an Early Termination or if the EVSE Owner ceases to make EVSE publicly available as required by this Contract before the end of the Term, then the EVSE Owner will pay PG&E the actual costs, as circumstances may dictate, for losses incurred by PG&E on behalf of ratepayers, such as pro -rated costs of equipment, site design and installation. Site Host or EVSE Owner may, at any time within the Term request from PG&E projected and final costs associated with such a removal request. Upon such Early Termination or cessation of service, the EVSE Owner may elect option 2 (but not option 1) in the "End of Term" paragraph below. 24. End of Term: At the end of the Term, the Site Host / EVSE Owner will have the following options; 24.1 Continue to operate the EVSE, in which case PG&E will, at its option, either: 24.1.1 Transfer ownership of the EV Supply Infrastructure to the Site Host fora nominal fee, in which case PG&E will have nofurther obligations with respect to the EV Supply Infrastructure, and electrical service for the EV Service Connection will be provided in accordance with PG&E's standard utility practices and applicable tariffs; or 24.1.2 Continue to operate and support the EV Supply Infrastructure in which case PG&E may charge an annual maintenance fee and the easement will remain in place. 24.1.3 In either case, Site Host/EVSE Owner shall have no further obligations to PG&E under this Contract except for the indemnity set forth below. 24.2 Abandon the EV Supply Infrastructure in place. At the Site Host's written request and payment of a nominal fee for a quitclaim, PG&E delivers quitclaim for easement and PG&E has no further obligations with respect to the abandoned Service Connection and EV Supply Infrastructure. 25. Indemnity: Site Host and EVSE Owner (each an "Indemnitor") shall indemnify, hold harmless and defend PG&E, its affiliates, subsidiaries, parent company, officers, managers, directors, agents, and employees, from and against all claims, demands, losses, damages, costs, expenses, and liability (legal, contractual, or otherwise), which arise from or are in any way connected with any: (i) injury to or death of persons, including but not limited to employees of PG&E or Indemnitor; (ii) injury to property or other interests of PG&E, Indemnitor, or any third party; (iii) violation of a local, state, or federal common law, statute or regulation, including but not limited to environmental laws or regulations; (iv) strict liability imposed by any law or regulation; so long as such injury, violation, or strict liability (as set forth in (i) - (iv) above) arises from or is in any way connected with Indemnitor's performance of, or failure to perform, this Contract. This indemnification obligation shall not apply to the extent that such injury, loss or damage is caused by the negligence or willful misconduct of PG&E, its officers, managers, or employees. Indemnitor shall, on PG&E's request, defend any action, claim, or suit asserting a claim which might be covered by this indemnity, using counsel acceptable to PG&E. Indemnitor shall pay all costs and expenses that may be incurred by PG&E in enforcing this indemnity, including reasonable attorney's fees. To the extent necessary, each Party was represented by counsel in the negotiation and execution of this Contract. 26. Insurance Requirements: Site Host shall procure, carry and maintain the following insurance coverage: 26.1 General Liability Insurance. The limit shall not be less than Two Million Dollars ($2,000,000) each occurrence for bodily injury, property damage and personal injury. Coverage shall: a) By Page 10 of 14 EV Fast Charge Terms and Conditions Pacific Gas and Electric Company' Clean Energy Transportation Pacific Gas and Electric Company 77 Beale Street San Francisco, CA 94105 "Additional Insured" endorsement add as insureds PG&E, its directors, officers, agents and employees with respect to liability arising out of work performed by or for the `Site Host'; b) Be endorsed to specify that the `Site Host' insurance is primary and that any insurance or self- insurance maintained by PG&E shall not contribute with it. 26.2 Property Insurance - Covering against all risks of physical loss or damage to EVSE with limits equivalent to the replacement cost of the EVSE. 26.3 Self -Insurance - In lieu of third -party insurance, Site Host shall have the right to self -insure all of the insurance Site Host is required to carry pursuant to Sections 26.1 and 26.2, subject to applicable laws and regulations. For the avoidance of doubt, the term "self -insure" shall mean Site Host is itself acting as though it were the insurance company providing the insurance required under the provisions of this Contract and Site Host shall pay any amounts due in lieu of insurance proceeds because of self-insurance. If an event or claim occurs for which a defense and/or coverage would have been available from the insurance company issuing insurance for which Site Host is required to maintain pursuant to Sections 26.1 and 26.2 and Site Host has self -insured with respect to such required insurance, Site Host shall, to the extent required under this Contract, (i) undertake the defense of any such claim, including a defense of PG&E at Site Host's sole cost and expense; and (ii) use its own funds to pay any claim or replace any property or otherwise provide the funding that would have been available from insurance proceeds but for such election by Site Host to self -insure. Notwithstanding the foregoing, the right to self -insure described in this Section shall only apply so long as the Site Host is, (a) the specific party named in this Contract, (b) a company that is publicly traded on the NYSE and (c) investment grade determined by reputable and accepted financial rating agencies. 26.4 Additional Insurance Provisions. 26.4.1 In the event that Site Host does not own the EVSE, Site Host shall ensure that EVSE Owner carries comparable insurance to that required of Site Host under this Agreement. 26.4.2 Before commencing performance of work under this Agreement, Site Host and/or EVSE Owner shall furnish PG&E with certificates of insurance and endorsements of all required insurance. PG&E may inspect the original policies at any time. 26.4.3 Upon request, Site Host and/or EVSE Owner shall furnish PG&E evidence of insurance for agents or contractors hired to perform installation or O&M of the EVSE. 27. Casualty: If all or any portion of the EVSE on the Site are damaged or destroyed by fire or other casualty which reasonably materially and adversely affects the operation of the EVSE (any, a "Casualty'), and if Site Host elects not to repair or replace the affected EVSE, then Site Host and EVSE Owner shall have the right to terminate the Contract by written notice to PG&E in which event the Contract shall terminate on the date that is 10 days after the date of the relevant party's termination notice. 28. Dispute Resolution: This Contract, and any and all disputes arising out of or relating to this Contract, shall be governed by and construed under the laws of the State of California, without reference to its conflicts of law provisions. If a dispute arises with respect to this Contract or performance hereunder, a party may request mediation by written notice to the other Party. The mediation shall be conducted by a mutually -agreeable mediator with appropriate experience. All negotiations and any mediation conducted pursuant to this provision are confidential and shall be treated as compromise and settlement negotiations, to which Section 1119 of the California Evidence Code shall apply, and Section 1119 is incorporated herein by reference. In the event that mediation fails to resolve such dispute, the parties retain all rights and defenses with respect to such dispute. Any proceeding related to this Contract or a party's performance or non-performance hereunder will be instituted and maintained exclusively in the federal or state courts sitting in the City and County of San Francisco, and each party irrevocably submits to the exclusive jurisdiction of those courts. Page 11 of 14 EV Fast Charge Terms and Conditions Pacific Gas and Electric Company' Clean Energy Transportation Pacific Gas and Electric Company 77 Beale Street San Francisco, CA 94105 29. No Partnership: This Contract shall not be construed as creating a partnership, joint venture, agency relationship, franchise or association, nor shall this Contract render PG&E and Site Host or EVSE Owner liable as partners, co -venturers or principals. 30. Enforceability: If any of the provisions, or application of any of the provisions, of this Contract are held to be illegal or invalid by a court of competent jurisdiction or arbitrator/mediator, all impacted Parties shall negotiate an equitable adjustment in the provisions of this Contract with a view toward effectuating the purpose of this Contract. The illegality or invalidity of any of the provisions, or application of any of the provisions, of this Contract will not affect the legality or enforceability of the remaining provisions or application of any of the provisions of the Contract. 31. Integration: This Contract, including all items incorporated herein by reference, constitutes the entire agreement and understanding between the Parties as to the subject matter of the Contract. It supersedes all prior or contemporaneous agreements, commitments, representations, writings, and discussions between parties, whether oral or written, express or implied, that relate in any way to the subject matter of this Contract. This Contract has been induced by no representations, statements or agreements other than those expressed herein. Neither party shall be bound by any prior or contemporaneous obligations, conditions, warranties or representations with respect to the subject matter of this Contract. 32. Survival: The provisions of this Contract which by their nature should survive expiration, cancellation or other termination of this Contract, including but not limited to provisions regarding warranty, indemnity, insurance, confidentiality, document retention, business ethics and availability of information, shall survive such expiration, cancellation or other termination. Page 12 of 14 EV Fast Charge Terms and Conditions Pacific Gas and Electric Company' Clean Energy Transportation Pacific Gas and Electric Company 77 Beale Street San Francisco, CA 94105 33. Notices: Any and all notices shall be in writing and addressed to the parties at the addresses specified below or such other addresses as either party may direct by notice given in accordance with this section, and shall be delivered in one of the following manners: (i) by personal delivery, in which case notice shall be deemed to have been duly given when delivered; (ii) by certified mail, return receipt requested, with postage prepaid, in which case notice shall be deemed to have been duly given on the date indicated on the return receipt; or (iii) by reputable delivery service (including by way of example and not limitation Federal Express, UPS and DHL) which makes a record of the date and time of delivery, in which case notice shall be deemed to have been duly given on the date indicated on the delivery service's record of delivery. 33.1 Notices to PG&E shall be sent to: Pacific Gas and Electric Company Attn: EV Fast Charge Program Manager 77 Beale St San Francisco, CA 94105 Email Address: EVFastCharge@pge.com 33.2 Notices to Site Host and/or the EVSE Owner shall be sent to the applicable address and addressee shown in Part A (Project Description). The Parties have executed this Contract on the dates indicated below, to be effective upon the later date. City of Burlingame PACIFIC GAS AND ELECTRIC Company Name (Site Host) Company Name (EVSE Owner) COMPANY Signature Signature Signature nt Name Print Name Print Name Title Title Title Date Date Date Page 13 of 14 EV Fast Charge Terms and Conditions This Page Intentionally Blank — See PDF for Attachment 1 — Preliminary Design STAFF REPORT Honorable Mayor and City Council March 6, 2023 AGENDA NO: 8k MEETING DATE: March 6, 2023 Lisa K. Goldman, City Manager — (650) 558-7243 Jeremy Kirshner, Assistant to the City Manager — (650) 558-7229 Subject: Adoption of a Resolution Opposing Initiative 21-0042A1, the Taxpayer Protection and Government Accountability Act, and Authorizing the Mayor to Send a Letter of ODDosition RECOMMENDATION Staff recommends that the City Council take the following actions: • Adopt the attached resolution opposing Initiative 21-0042A1, the Taxpayer Protection and Government Accountability Act • Authorize the Mayor to send a letter in opposition to Initiative 21-0042A1 to Bismarck Obando, Director of Public Affairs for the League of California Cities BACKGROUND Initiative 21-0042A1, also known as the Taxpayer Protection and Government Accountability Act, is sponsored by the California Business Roundtable and is opposed by the League of California Cities (Cal Cities). Cal Cities has requested that all member jurisdictions adopt resolutions opposing Initiative 21-0042A1 and send letters to Bismarck Obando, the League's Director of Public Affairs, authorizing the organization to add the jurisdiction to a list of those in formal opposition to Initiative 21-0042A1. I. Summary On February 1, 2023, the Taxpayer Protection and Government Accountability Act (Measure) qualified for the November 2024 ballot. The Measure would amend the California Constitution to limit the ability of voters and city governments to adopt new taxes and fees, while making it more difficult for cities to impose fines and penalties for violations of state and local laws. Cal Cities, along with a broad coalition of local governments, labor and public safety leaders, infrastructure advocates, and businesses, strongly opposes the Measure. Local government revenue -raising authority is already substantially restricted by statute and constitutional provisions, including the voter -approved provisions of Proposition 13 of 1978, Proposition 218 of 1996, and Proposition 26 of 2010. The Measure adds and expands restrictions 1 Opposition to Initiative 21-0042A1 March 6, 2023 on voters and local government tax and fee authority, putting billions of dollars of local government tax and existing fee revenues at risk statewide. This would have significant negative impacts on the City of Burlingame's operations and core service delivery. II. Major Provisions of the Measure a. Fees and Charges • Except for licensing and other regulatory fees, fees and charges may not exceed the "actual cost" of providing the product or service for which the fee is charged. "Actual cost" is the "minimum amount necessary." The burden to prove the fee or charge does not exceed the "actual cost" is changed to "clear and convincing" evidence. • The Measure requires fees and charges paid for the use of local and state government property (e.g., franchise fees), as well as the amount paid to purchase or rent government property to be "reasonable." Governments must prove fees are "reasonable" by "clear and convincing evidence." Under existing law, fees and charges are allowed to be market -based. This may significantly reduce the amount large companies (e.g., oil, utilities, gas, railroads, garbage/refuse, cable, and other corporations) will pay for the use of local public property. • Fees for new developments must not be based on vehicle miles traveled. b. Taxes • Taxes and fees adopted after Jan. 1, 2022, that do not comply with the new rules, are void unless reenacted. • The Measure invalidates the Upland decision, which allows a majority of local voters to pass special taxes. The Measure specifies that taxes proposed by initiative are subject to the same rules as taxes placed on the ballot by a City Council. • The Measure expressly prohibits local advisory measures, which allow local voters to provide direction as to how local tax dollars should be spent. • It also requires voter approval in order to expand existing taxes (e.g., Utility, Transient Occupancy) to new territory (e.g., annexations) and in order to expand the base (e.g., new utility service). • New taxes can only be imposed for a specific time period. • All state taxes require majority voter approval. c. Fines and Penalties • The Measure may require voter approval of fines, penalties, and levies for corporations and property owners that violate state and local laws unless a new, undefined adjudicatory process is used to impose the fines and penalties. 2 Opposition to Initiative 21-0042A1 March 6, 2023 III. Impact a. Fees and Taxes Local governments levy a variety of fees, taxes, and other charges to provide core public services, including the following: • Nuisance abatement charges • Commercial franchise fees • Emergency response fees • Advanced Life Support (ALS) transport charges • Document processing and duplication fees • Transit fees, tolls, parking fees, public airport fees, and harbor use fees • Facility use charges, fees for parks and recreation services, garbage disposal tipping fees Based on the current volume of fees and charges imposed by local agencies and the increases in those fees simply to accommodate inflation, Cal Cities estimates the amount of local government fee and charge revenue placed at risk is approximately $2 billion per year, including those fees and charges adopted since January 1, 2022. Hundreds of local tax measures were approved in 2022 that likely do not comply with the provisions of the initiative. Nearly $2 billion of annual revenues from these voter -approved measures will cease a year after the effective date of the measure, reducing the local public services funded by these measures, unless the tax is re -submitted for voter approval. Reductions of local government tax revenues have impacts on core services and infrastructure including fire and emergency response, law enforcement, streets and roads, drinking water, sewer sanitation, parks, libraries, public schools, affordable housing, homelessness prevention, and mental health services. b. Fines and Penalties Under existing law, a city is required to provide due process before imposing a penalty or fine for violation of its municipal code. Cities must provide the following protections: • Administrative procedures that govern imposing fines and penalties, including providing a reasonable period of time to correct or remedy a violation • Notice to the violating party before imposing the penalty and an opportunity to be heard and present any facts or arguments • Fines may not be "excessive" The Measure classifies administratively imposed fines and penalties as taxes unless a new, undefined, and ambiguous "adjudicatory due process" is followed. This provision puts at risk a city's authority to impose fines and penalties for violations of state and local law. 3 Opposition to Initiative 21-0042A1 March 6, 2023 FISCAL IMPACT The Taxpayer Protection and Government Accountability Act would result in reduced local government tax and fee revenues statewide and in the City of Burlingame. Exhibits: • Resolution • Draft Letter • Text of Initiative 21-0042A1 C RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME OPPOSING INITIATIVE 21-0042A1, THE TAXPAYER PROTECTION AND GOVERNMENT ACCOUNTABILITY ACT, AND AUTHORIZING THE MAYOR TO SEND A LETTER OF OPPOSITION WHEREAS, an association representing California's wealthiest corporations and developers is spending millions to push a deceptive proposition that will appear on the November 2024 statewide ballot; and WHEREAS, the measure includes undemocratic provisions that would make it more difficult for local voters to pass measures needed to fund local services and infrastructure, and would limit voter input by prohibiting local advisory measures, which allow voters to provide direction on how they want their local tax dollars spent; and WHEREAS, the measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on communities, including local infrastructure and the environment; and WHEREAS, the measure may make it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect the environment, public health and safety, and neighborhoods; and WHEREAS, the measure puts billions of dollars currently dedicated to local services at risk and could force cuts to fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME RESOLVES AS FOLLOWS: 1. The City of Burlingame opposes Initiative 21-0042A1. 2. The City of Burlingame will join the No on Initiative 21-0042A1 coalition, a growing coalition of public safety, labor, local government, infrastructure advocates, and other organizations throughout the state. 3. The Mayor is hereby authorized to send a letter in opposition to Initiative 21-0042A1 to Bismarck Obando, Director of Public Affairs for the League of California Cities. Michael Brownrigg, Mayor I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 6th day of March, 2023 and was adopted thereafter by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: Meghan Hassel -Shearer, City Clerk MICHAEL BROWNRIGG, MAYOR DONNA ,VICE MAYOR EMILY BEACHEACH The City of Burlingame RICARDO ORTIZ CITY HALL -- 501 PRIMROSE ROAD TEL: (650) 558-7201 PETER STEVENSON BURLINGAME, CALIFORNIA 94010-3997 www.burlingame.org March XX, 2023 (via Email) Bismarck Obando Director of Public Affairs, League of California Cities 1400 K Street, Suite 400 Sacramento, CA 95814 RE: Opposition to Initiative 21-0042A1 On March 6, 2023, the Burlingame City Council voted to oppose Initiative 21-0042A1, a deceptive, developer -sponsored proposition slated for the November 2024 statewide ballot that would significantly jeopardize cities' ability to provide essential services and infrastructure to residents. The measure includes undemocratic provisions that would make it more difficult for local voters to pass measures needed to fund local services and projects and would limit voter input by prohibiting local advisory measures through which voters can provide direction on how they want their local tax dollars spent. This measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on communities, including impacts on local infrastructure and the environment. This measure also may make it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect the environment, public health and safety, and neighborhoods. Unless defeated, the measure puts billions of dollars currently dedicated to local services at risk, and could force cuts to fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more. The measure benefits wealthy corporations and real estate developers while decimating our local communities and neighborhoods. You may list the City of Burlingame in formal opposition to Initiative #21-0042A1 and include our City as part of the growing coalition of public safety, labor, local government, infrastructure advocates, and other organizations throughout the state opposed to this deceptive proposition. Sincerely, Michael Brownrigg Mayor cc: Seth Miller, Regional Public Affairs Manager, Peninsula Division for the League of California Cities 0 Register online with the City of Burlingame to receive regular City updates at www.burlin ag me.or /eg news. 11 BELL, MCANDIRE-+ WS & HILTACHK, LLP ATTORNEYS AND COUNSELORS AT LAW 455 CAPITOL MALL, SUITE 600 SACRAMENTO. CALIFORNIA 9$B14 (916) 442-7757 FAX (916) 442-77SS www.bmhlaw.com January 4, 2022 Anabel Renteria Initiative Coordinator Office of the Attorney General State of California PO Box 994255 Sacramento, CA 94244-25550 Re: Initiative 21-0042 - Amendment Number One Dear Initiative Coordinator: 2 1- 0 4 2 AmdL # I RECEIVED BAN 0 4 2022 INITIATIVE COORDINATOR ATTORNEY GENERAL'S OFFICE Pursuant to subdivision (b) of Section 9002 of the Elections Code, enclosed please find Amendment #1 to Initiative No. 21-0042 "The Taxpayer Protection and Government Accountability Act." The amendments are reasonably germane to the theme, purpose or subject of the initiative measure as originally proposed. I am the proponent of the measure and request that the Attorney General prepare a circulating title and summary of the measure as provided by law, using the amended language. Thank you for your time and attention processing my request. Sincerely, Thomas W. Hiltachk Am& #e The Taxpayer Protection and Government Accountability Act [Deleted codified text is denoted in stFikeeut. Added codified text is denoted by italics and underline.] Section 1. Title This Act shall be known, and may be cited as, the Taxpayer Protection and Government Accountability Act. Section 2. Findings and Declarations (a) Californians are overtaxed. We pay the nation's highest state income tax, sales tax, and gasoline tax. According to the U.S. Census Bureau, California's combined state and local tax burden is the highest in the nation. Despite this, and despite two consecutive years of obscene revenue surpluses, state politicians in 2021 alone introduced legislation to raise more than $234 billion in new and higher taxes and fees. (b) Taxes are only part of the reason for California's rising cost -of -living crisis. Californians pay billions more in hidden "fees" passed through to consumers in the price they pay for products, services, food, fuel, utilities and housing. Since 2010, government revenue from state and local "fees" has more than doubled. (c) California's high cost of living not only contributes to the state's skyrocketing rates of poverty and homelessness, they are the pushing working families and job -providing businesses out of the state. The most recent Census showed that California's population dropped for the first time in history, costing us a seat in Congress. In the past four years, nearly 300 major corporations relocated to other states, not counting thousands more small businesses that were forced to move, sell or close. (d) California voters have tried repeatedly, at great expense, to assert control over whether and how taxes and fees are raised. We have enacted a series of measures to make taxes more predictable, to limit what passes as a "fee," to require voter approval, and to guarantee transparency and accountability. These measures include Proposition 13 (1978), Proposition 62 (1986), Proposition 218 (1996), and Proposition 26 (2010). (e) Contrary to the voters' intent, these measures that were designed to control taxes, spending and accountability, have been weakened and hamstrung by the Legislature, government lawyers, and the courts, making it necessary to pass yet another initiative to close loopholes and reverse hostile court decisions. Section 3. Statement of Purpose (a) In enacting this measure, the voters reassert their right to a voice and a vote on new and higher taxes by requiring any new or higher tax to be put before voters for approval. Voters also intend that all fees and other charges are passed or rejected by the voters themselves or a governing body elected by voters and not unelected and unaccountable bureaucrats. (b) Furthermore, the purpose and intent of the voters in enacting this measure is to increase transparency and accountability over higher taxes and charges by requiring any tax measure placed on the ballot— either at the state or local level —to clearly state the type and rate of any tax, how long it will be in effect, and the use of the revenue generated by the tax. (c) Furthermore, the purpose and intent of the voters in enacting this measure is to clarify that any new or increased form of state government revenue, by any name or manner of extraction paid directly or indirectly by Californians, shall be authorized only by a vote of the Legislature and signature of the Governor to ensure that the purposes for such charges are broadly supported and transparently debated. (d) Furthermore, the purpose and intent of the voters in enacting this measure is also to ensure that taxpayers have the right and ability to effectively balance new or increased taxes and other charges with the rapidly increasing costs Californians are already paying for housing, food, childcare, gasoline, energy, healthcare, education, and other basic costs of living, and to further protect the existing constitutional limit on property taxes and ensure that the revenue from such taxes remains local, without changing or superseding existing constitutional provisions contained in Section 1(c) of Article XIII A. (e) In enacting this measure, the voters also additionally intend to reverse loopholes in the legislative two- thirds vote and voter approval requirements for government revenue increases created by the courts including, but not limited to, Cannabis Coalition v. City of Upland, Chamber of Commerce v. Air Resources Board, Schmeer v. Los Angeles County, Johnson v. County of Mendocino, Citizens Assn. of Sunset Beach v. Orange County Local Agency Formation Commission, and Wilde v. City of Dunsmuir. Section 4. Section 3 of Article XIII A of the California Constitution is amended to read: Sec. 3(a) Every levy, charge, or exaction of any kind imposed by state law is either a tax or an exempt charge. LbIW 04 Any change in state aatute law which results in any taxpayer paying a new or higher tax must be imposed by an act passed by not less than two-thirds of all members elected to each of the two houses of the Legislature, and submitted to the electorate and approved by a majority vote, except that no new ad valorem taxes on real property, or sales or transaction taxes on the sales of real property, may be imposed. Each Act shall include: A A specific duration ot time that the tax will be imposed and an estimate ot the annual amount expected to be derived from the tax. B A s eci is and legolly binding and enforceable limitation on how the revenue from the tax can be spent. If the revenue from the tax can be spent for unrestricted general revenue purposes, then a statement that the tax revenue can be spent for "unrestricted general revenue purposes" shall be included in a se crate stand-alone section. Any proposed change to the use of the revenue from the tax shall be adopted by a separate act that is passed by not less than two-thirds of all members elected to each of the two houses of the Le islature and submitted to the electorate and gyproved by a majority vote. (2) The title and summary and ballot label or question required for a measure pursuant to the Elections Code shall, for each measure providing for the imposition of a tax, including a measure proposed by an elector pursuant to Article 11, include: A) The type and amount or rate of the tax,• 'B The duration ot the tax,• and (C) The use of the revenue derived from the tax_ (c) Any change instate low which results in any taxpaye_ayina anew or higher exempt charge must be imposed by an act passed by each of the two houses of the Legislature. Each act shall specity the type o exempt charge as provided in subdivision a and the amount or rate of the exem t charge to be imposed. LdLWAs used in this section and in Section 9 of Article 11, "tax" means evervai;y levy, charge, or exaction of any kind imposed by thetestate law that is not an exempt charge. G@p% the f il,,,.,ing; (e) As used in this section, "exempt charge" means only the following: (1) a charge imposed f9F a speeifie benefit eenfeKed OF PFiVilege gFaRted diFeetly to the payeF that is the ha.,eF:t O aAting the privilege to the p (1)Q4A reasonable charge +mpesed for a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasonable actual costs to the State of providing the service or product to the payor. (2) {-3} A charge 4ppesed-for the reasonable regulatory costs to the State incident to issuing licenses and permits, performing investigations, inspections, and audits, enforcing agricultural marketing orders, and the administrative enforcement and adjudication thereof. (3) A levy, charge, or exaction collected from local units of government health care providers or health care service plans that is primarily used by the State of California for the purposes of increasing reimbursement rates or payments under the Medi-Cal program, and the revenues of which are primarily used to finance the non-federal portion of Medi-Cal medical assistance expenditures. (4) A reasonable charge imposed for entrance to or use of state property, or the purchase, rental, or lease of state property, except charges governed by Section 15 of Article Xl. (5) A fine; ar penalty, ^r other .,.,emetaFy -h ,r.,e including any applicable interest for nonpayment therepf,_ imposed by the judicial branch of government or the State, as a ,.15„'t R-r a state administrative enforcement agency pursuant to adjudicatory due process, to punish a violation of law. (6) A levy, charge, assessment, or exaction collected for the promotion of California tourism pursuant to Chapter 1(commencing with Section 13995 of Part 4.7 of Division 3 of Title 2 of the Government Code. f kc4 Any tax or exempt charge adopted after January 1, 2022 WIG, but prior to the effective date of this act, that was not adopted in compliance with the requirements of this section is void 12 months after the effective date of this act unless the tax or exempt charge is reenacted by the ' egislawFe anti 5;gAPd into law by the Governor in compliance with the requirements of this section. (a)(I)(c4The State bears the burden of proving by a pFepenVerance of the clear and convincing evidence that a levy, charge, or other exaction is an exempt charge and not a tax. The State bears the burden of proving by clear and convincing evidence that the amount of the exempt charge is reasonable and that the amount charged does not exceed the actual cost ofjoroviding the service or product to the a or. mat payers buFder s on, ,+r hnfits received �r9 v thegovernmental aetivity ee 2 The retention of revenue by, or the payment to a non -governmental entity o o ley, charge, or exaction of any kind imposed by state law, shall not be a factor in determining whether the levy, charge, or exaction is a tax or exempt charge. (3) The characterization of a levy, charge, or exaction of any kind as being voluntary, or paid in exchange for a benefit privilege, allowance, authorization, or asset shall not be a factor in determining whether the levy, charge, or exaction is a tax or an exempt charge. 4 The use of revenue derived fnm the levy. char a or exaction shall be a factor in determining whether the levy, charge, or exaction is a tax or exempt charge. h As used in this section: (I) "Actual cost" of providing a service or product means: (i) the minimum amount necessary to reimburse the government for the cost of providing the service or product to the pavor, and (ii) where the amount charged is not used by the govemment for any ouroose other than reimbursing that cost. In computing "actual cost" the maximum amount thatmay be imposed is the actual cost less all other sources of revenue including, but not limited to taxes other exem t charges rants and state or ederal funds received to provide such service or product. (2) "Extend" includes, but is not limited to, doing any of the following with respect to a tax or exempt charge: lengthening its duration, deloving or eliminating its expiration, expanding its application to a new territory or class of pavor, or expanding the Bose to which its rate is applied. (3) "Impose" means adopt, enact, reenact create, establish, collect increase or extend. 4 "State law" includes but is not limited to any state statute state regulation, state executive order, state resolution, state ruling, state opinion letter, or other legal authority or interpretation adopted, enacted, enforced, issued, or implemented by the legislative or executive branches of state government. "State law" does not include actions taken by the Regents of the University of California. Trustees of the California State University or the Board of Governors of the California Community Colleges. Section S. Section 1 of Article XIII C of the California Constitution is amended, to read: Sec. 1. Definitions. As used in this article: a "Actual cost" of providinga service or roduct means: i the minimum amount necessary to reimburse the government for the cost of providing the service or product to the pay_or and (ii) where the amount changed is not used by the govemment for any purpose other than reimbursina that cost. In computing "actual cost" the maximum amount that maybe imposed is the actual cost less all other sources of revenue including, but not limited to taxes, other exempt charges, grants, and state or federal funds received to provide such service or product_ (b) "Extend" includes, but is not limited to, doing any of the following with respect to a tax, exempt charge, or Article XIii D assessment, fee, or charge: lengthening its duration, delaying or eliminating its expiration, expanding its application to a new territory or class of pavor, or expanding the base to which its rate is applied. LcL{a} "General tax" means any tax imposed for general governmental purposes. (d) `Impose" means adopt, enact reenact create establish, collect, increase, or extend. jeL(W "Local government" means any county, city, city and county, including a charter city or county, any special district, or any other local or regional governmental entity, or an elector pursuant to Article 11_or the initiative power provided by a charter or statute. (f) "Local low" includes but i` s not limited to, any ordinance, resolution, regulation, ruling, opinion letter, or other legal authority or interpretation adopted, enacted, enforced, issued, or implemented by a local government. &Lc4 "Special district" means an agency of the State, formed pursuant to general law or a special act, for the local performance of governmental or proprietary functions with limited geographic boundaries including, but not limited to, school districts and redevelopment agencies. L�L{4} "Special tax" means any tax imposed for specific purposes, including a tax imposed for specific purposes, which is placed into a general fund. (i) W As used in this article, and in Section 9 of Article 11, "tax" means every a4+y-levy, charge, or exaction of any kind, imposed by a local geyeFnment law that is not an exempt charge., emeeM* the following- fl) As used in this section, "exempt charge" means only the following: (1) {-24 A reasonable charge imposed for a specific local government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reaseRable actual costs to the local government of providing the service or product. (2) WA charge imposed for the reasonable regulatory costs to a local government for issuing licenses and permits, performing investigations, inspections, and audits, enforcing agricultural marketing orders, and the administrative enforcement and adjudication thereof. (3) 444 A reasonable charge impesed for entrance to or use of local government property, or the purchase, rental, or lease of local government property. (4) {-5-} A fine; or penalty, er etheF m^^^taFy GhaFge including any applicable interest for nonpayment thereof, imposed by the judicial branch of government or a local government administrative enforcement agency, pursuant to adiudicatory due process, A to punish a violation of law. LUW A charge imposed as a condition of property development. No levy, charge, or exaction_regulatina or related to vehicle miles traveled may be imposed as a condition of Propertydevelopment or occupancy. (6) 47) An Assessments and p e.ty assessment, fee, or charge OrApetea in aceeFdance ..,�+h thepFewisionse subiect to Article XI II D, or an assessment imposed upon a business in a tourism marketing district a parking and business improvement area, or a property and business improvement district. 5 (7) A charge imposed for a specific health care service provided directly to the payor and that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of providing the health care service. As used in this paragraph _a_"health care service" means a service licensed or exempt from licensure by the state pursuant to Chapters 1, 1.3, or 2 of Division 2 of the Health and Safety Code. The Weal govemment hears the hi rden Of PFGViRg by a pFependPr;4nr-P Af the evidenee that a levy, r:haFge7 or A-ther exar-Aien is, met a tax, that the arneunt bro se me -Fe that; ReeessaFy te eeverthe r.P;41;AR;I[;IP PA991; the gave FA.M. P-M-a 1 aeti; 4y and that the PAa.RRer- In whieh these costs are allocated to a paye-F heara fair of Section 6. Section 2 of Article Xlll C of the California Constitution is amended to read: Sec. 2. Local Government Tax Limitation. Notwithstanding any other provision of this Constitution: (a) Every levy- charge, or exaction of any kind imposed by local law is either a tax or an exempt charge. All taxes imposed by any local government shall be deemed to be either general taxes or special taxes. Special purpose districts or agencies, including school districts, shall have no power to levy general taxes. (b) No local law o- FI;R;eRt, whether proposed by the governing body or by an elector, may impose, extend, or increase any general tax unless and until that tax is submitted to the electorate and approved by a majority vote. A general tax shall not be deemed to have been increased if it is imposed at a rate not higher than the maximum rate so approved. The election required by this subdivision shall be consolidated with a regularly scheduled general election for members of the governing body of the local government, except in cases of emergency declared by a unanimous vote of the governing body. (c) OF -;;f*P-.r _IaRWaFY 1, 1995, and PFOOF W the P_fferaive date of this article, shall ce-Minue, te be imposed enly elerain_R shall be held within twe yeaF-s ef the eff-eetive date of this aFtiele and in r--R-Fnpl;anEe witli „ha:.,i';iA , (b) (d) No local law government whether proposed by the governing body or by an elector, may impose, extend, ^F inGFease any special tax unless and until that tax is submitted to the electorate and approved by a two-thirds vote. A special tax shall not be deemed to have been increased if it is imposed at a rate not higher than the maximum rate so approved. (d) The title and summary and ballot label or question required for a measure pursuant to the Elections Code shall, for each measure providing for the imposition of a tax, include: (1) The type and amount or rate of the tax,_ (2) the duration of the tax, and (3) The use of the revenue derived from the tax. !f the proposed tax is a general tax, the phrase "for general government use" shall be required, and no advisory measure may appear on the same ballot that would indicate that the revenue from -the general tax will could or should be used for a specific ur ose. e only the governing bodV of a local government, other than an elector pursuant to Article H or the initiative 2ower provided by a charter or statute shall have the authority to impose any exempt charge. The governing body shall impose an exempt chargeby an ordinance specifying the type of exempt charge as provided in Section 1(i) and the amount or rate of the exempt charge to be imposed, and passed by the governing body, This subdivision shall not applyopply to char es specified in ara rah 7 of subdivision (j) o Section 1. (f) No amendment to a Charter which provides for the imposition, extension, or increase of a tax or exempt charge shall be submitted to or approved by the electors nor shall any such amendment to a Charter hereafter submitted to or approved by the electors become effective for any purpose. (q) Any tax or exempt charge adopted ofterlanuary 1, 2022, but prior to the effective date ot this act that was not adopted in compliance with the requirements of this section is void 12 months after.the effective date of this act unless the tax or exempt charge is reenacted in compliance with the requirements of this section. (h)(1) The local government bears the burden of proving by clear and convincing evidence that a levy, charge or exaction is an exempt charge and not a tax. The local government bears the burden of proving by clear and convincing evidence that the amount of the exempt charge is reasonable and that the amount charged does not exceed the actual cost of providing the service or product to the payor. (2) The retention of revenue by, or the payment to, a non -governmental entity of a lever charge, or exaction of any kind imposed by a local law, shall not be a factor in determining whether the levy.charge r exaction is a tax or exempt charge. 3 The characterization of a ley, charge, or exaction of any kind imposed by a local law as being aid in exchange for a benefit, privilege, allowance, authorization, or asset shall not be factors in determining whether the levy, charge, or exaction is a tax or an exempt charge. (4) The use of revenue derived from the levy charge or exaction shall be a factor in determining whether the levy, charge, or exaction is a tax or exempt charge. Section 7. Section 3 of Article XIII D of the California Constitution is amended, to read: Sec. 3. Property Taxes, Assessments, Fees and Charges Limited (a) No tax, assessment, fee, of charge, orsurcharge, including a surcharge based on the value o property, shall be assessed by @Ry agene • upon any parcel of property or upon any person as an incident of property ownership except: (1) The ad valorem property tax imposed PUFS„ant to described in Section 1(a)_oofArticle XIII and Section 1(a) of Article Xlll A, and described and enacted pursuant to the voter approval requirement in Section I(b) o LArticle XII I A. (2) Any special non -ad valorem tax receiving a two-thirds vote of qualified electors pursuant to Section 4 of Article XI11 A or after receivin a two-thirds vote of those authorized to vote in a community facilities district by the Legislature pursuant to statute as it existed on December 31 2021. (3) Assessments as provided by this article. (4) Fees or charges for property related services as provided by this article. 7 (b) For purposes of this article, fees for the provision of electrical or gas service shall not be deemed charges or fees imposed as an incident of property ownership. Section 8. Sections 1 and 14 of Article XIII are amended to read: Sec.1 Unless otherwise provided by this Constitution or the laws of the United States: (a) All property is taxable and shall be assessed at the same percentage of fair market value. When a value standard other than fair market value is prescribed by this Constitution or by statute authorized by this Constitution, the same percentage shall be applied to determine the assessed value. The value to which the percentage is applied, whether it be the fair market value or not, shall be known for property tax purposes as the full value. (b) All property so assessed shall be taxed in proportion to its full value. Q Allproceeds Lrom the taxation of ro ertshall be apportioned according to low to the districts within the counties. Sec.14. All property taxed by state or local government shall be assessed in the county, city, and district in which it is situated. Notwithstanding any other provision of law, such state or local property taxes shall be apportioned accordina to law to the districts within the counties. Section 9. General Provisions A. This Act shall be liberally construed in order to effectuate its purposes. B. (1) In the event that this initiative measure and another initiative measure or measures relating to state or local requirements for the imposition, adoption, creation, or establishment of taxes, charges, and other revenue measures shall appear on the same statewide election ballot, the other initiative measure or measures shall be deemed to be in conflict with this measure. In the event that this initiative measure receives a greater number of affirmative votes, the provisions of this measure shall prevail in their entirety, and the provisions of the other initiative measure or measures shall be null and void. (2) In furtherance of this provision, the voters hereby declare that this measure conflicts with the provisions of the "Housing Affordability and Tax Cut Act of 2022" and "The Tax Cut and Housing Affordability Act," both of which would impose a new state property tax (called a "surcharge") on certain real property, and where the revenue derived from the tax is provided to the State, rather than retained in the county in which the property is situated and for the use of the county and cities and districts within the county, in direct violation of the provisions of this initiative. (3) If this initiative measure is approved by the voters, but superseded in whole or in part by any other conflicting initiative measure approved by the voters at the same election, and such conflicting initiative is later held invalid, this measure shall be self-executing and given full force and effect. C. The provisions of this Act are severable. If any portion, section, subdivision, paragraph, clause, sentence, phrase, word, or application of this Act is for any reason held to be invalid by a decision of any court of competent jurisdiction, that decision shall not affect the validity of the remaining portions of this Act. The People of the State of California hereby declare that they would have adopted this Act and each and every portion, section, subdivision, paragraph, clause, sentence, phrase, word, and application not 8 declared invalid or unconstitutional without regard to whether any portion of this Act or application thereof would be subsequently declared invalid. D. If this Act 'is approved by the voters of the State of California and thereafter subjected to a legal challenge alleging a violation of state or federal law, and both the Governor and Attorney General refuse to defend this Act, then the following actions shall be taken: (1) Notwithstanding anything to the contrary contained in Chapter 5 of Part 2 of Division 3 of Title 2 of the Government Code or any other law, the Attorney General shall appoint independent counsel to faithfully and vigorously defend this Act on behalf of the State of California. (2) Before appointing or thereafter substituting independent counsel, the Attorney General shall exercise due diligence in determining the qualifications of independent counsel and shall obtain written affirmation from independent counsel that independent counsel will faithfully and vigorously defend this Act. The written affirmation shall be made publicly available upon request. (3) A continuous appropriation is hereby made from the General Fund to the Controller, without regard to fiscal years, in an amount necessary to cover the costs of retaining independent counsel to faithfully and vigorously defend this Act on behalf of the State of California. (4) Nothing in this section shall prohibit the proponents of this Act, or a bona fide taxpayers association, from intervening to defend this Act. I] BURL- INGamE AGENDA NO: 81 STAFF REPORT MEETING DATE: March 6, 2023 To: Honorable Mayor and City Council Date: March 6, 2023 From: Maria Saguisag-Sid, Human Resources Director — (650) 558-7209 Subject: Adoption of a Resolution Authorizing the City Manager to Amend and Execute the Memorandum of Understanding with Teamsters Local 856 and Approve an Amended Salary Schedule for Merit Classifications RECOMMENDATION Staff recommends that the City Council adopt the attached resolution authorizing the City Manager to amend and execute the Memorandum of Understanding (MOU) between the City of Burlingame and Teamsters Local 856, effective January 1, 2023, through December 31, 2025. Staff further recommends approving the amended salary schedule for Merit Classifications effective March 7, 2023. BACKGROUND The Teamsters Local 856 labor agreement expired on December 31, 2022. The City and the Teamsters bargaining teams have met and conferred in good faith on the terms and conditions of employment as provided by State law. The City and the Teamsters bargaining teams have been meeting since August 2022 to negotiate the terms of the successor agreement. While several items were agreed on during the course of negotiations, there were key compensation items that the parties could not come to an agreement on. After several sessions, the City declared an impasse on January 31, 2023. While in the process of scheduling an impasse meeting, the groups were able to come to an agreement over the items that were under dispute, and the members ratified the tentative agreement on February 27, 2023. DISCUSSION The major terms of the tentative agreements are within Council authority for fiscal impact and include a modest longevity premium beginning in the second year of the agreement. The changes to the successor MOU being recommended are as follows: Term: • Three years, January 1, 2023, through December 31, 2025 Salary. • 4.0 % increase effective upon approval by the City Council 0 3.0% increase effective the first pay period in January 2024 Adoption of a Resolution Authorizing the City Manager to Amend and Execute MOU March 6, 2023 • 3.0% increase effective the first pay period in January 2025 Longevity: • Effective January 2024, 2.5% longevity pay for employees with 10 or more years of service as a dispatcher with the Burlingame Police Department Staff is requesting approval from the City Council to authorize the City Manager to amend and execute a successor MOU for the bargaining group with the provisions noted above and in the attached Tentative Agreement. Staff is also requesting approval of the amended salary schedule to be effective March 7, 2023, which will reflect the changes in compensation as agreed upon by the parties. FISCAL IMPACT The increase in cost for Year 1 of the negotiated agreement for all covered employees is estimated at $11,469, with a total cost for the group of $348,790. Future budgets will incorporate the approved increases going forward. Exhibits: • Resolution • Teamsters Local 856 Tentative Agreement • Salary Schedule 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE CITY MANAGER TO AMEND AND EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BURLINGAME AND TEAMSTERS LOCAL 856, AND APPROVE AN AMENDED SALARY SCHEDULE FOR MERIT CLASSIFICATIONS WHEREAS, the City of Burlingame and Teamsters Local 856 have met and conferred in good faith on the terms and conditions of employment as provided by State law; and WHEREAS, the parties have reached tentative agreements on changes to be made to the existing terms and conditions of employment for a successor Memorandum of Understanding between the City and Teamsters Local 856; and WHEREAS, the proposed changes are fair and in the best interests of the public and the employees represented by the Teamsters Local 856; and WHEREAS, the City of Burlingame Salary Schedule has been amended in accordance with these agreement terms. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Burlingame authorizes the following: The changes in terms and conditions of employment for the employees represented by Teamsters Local 856, as contained in the Tentative Agreement between the City of Burlingame and Teamsters Local 856, are approved. 2. The City Manager is authorized and directed to amend and execute the successor Memorandum of Understanding with the terms approved in the Tentative Agreement between the City of Burlingame and Teamsters Local 856. 3. The City of Burlingame Salary Schedule for Merit Classifications is approved as amended, as attached to the accompanying staff report. Michael Brownrigg, 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 6t" day of March 2023, and was adopted thereafter by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Meaghan Hassel -Shearer, City Clerk City of Burlingame and Teamsters Local 856 Successor MOU Negotiations Total Package Tentative Agreement February 23, 2023 In accordance with the signed Ground Rules, the parties enter into the Total Package Tentative Agreement on the following terms: 6. SALARY PLAN AND PREMIUM PAYS 6.1 Salary Increases: • Effective following Council approval of the new MOU in open sessionthe firs* pay pefi ,a f r mal= , �m�, there will be an increase in base salary for all classes of tw&7four percent (42.0%). ■ Effective the first pay period of January 2024, there will be an increase in base salary for all classes of three percent (3%). ■ Effective the first pay period of January 2025, there will be an increase in base salary for all classes of three percent (3%). NEW LONGEVITY Effective the first pay period of January 2024, employees with at least 10 years of service as a dispatcher with Burlingame Police Department shall receive a longevity pay premium of two and one-half (2.5%) of base salary pay. 34. TERM The term of this agreement shall begin on January 1, 202 2023 and expire on December 31, 20225. This Total Tentative Agreement includes all previously signed tentative agreements. All proposals passed by the parties that did not result in a signed tentative agreement have been withdrawn. Dated: 2/23/2023 TEAMSTERS LOCAL 856 By: 7—� Peter Finn, Lead Negotiator Dated: 2/23/23 CITY OF BURLINGAME By: Timothy L. Davis, Lead Negotiator CITY OF BURLINGAME 6U R Ll fV GA ME SALARY SCHEDULE - MERIT EFFECTIVE DATE: 3/7/2023 CLASS JOB DESCRIPTION PAY BASIS STEP A STEP B STEP C STEP D STEP E A109 ACCOUNTANT I ANNUAL $82,374.47 $86,513.42 $90,826.04 $95,312.33 $100,088.14 MONTHLY $6,864.54 $7,209.45 $7,568.84 $7,942.69 $8,340.68 131-WEEKLY $3,168.25 $3,327.44 $3,493.31 $3,665.86 $3,849.54 HOURLY RATE $39.6031 $41.5930 $43.6664 $45.8233 $48.1193 A117 ACCOUNTANT 11 ANNUAL $86,224.03 $90,507.68 $94,936.04 $99,740.82 $104,719.14 MONTHLY $7,185.34 $7,542.31 $7,911.34 $8,311.74 $8,726.60 131-WEEKLY $3,316.31 $3,481.06 $3,651.39 $3,836.19 $4,027.66 HOURLY RATE $41.4539 $43.5133 $45.6424 $47.9524 $50.3458 A104 ACCOUNTING ASSISTANT I ANNUAL $58,929.88 $61,911.12 $65,008.11 $68,105.08 $71,375.72 MONTHLY $4,910.82 $5,159.26 $5,417.34 $5,675.42 $5,947.98 131-WEEKLY $2,266.53 $2,381.20 $2,500.31 $2,619.43 $2,745.22 HOURLY RATE $28.3316 $29.7650 $31.2539 $32.7429 $34.3153 A160 ACCOUNTING ASSISTANT 11 ANNUAL $65,008.11 $68,105.08 $71,375.72 $74,675.33 $78,351.24 MONTHLY $5,417.34 $5,675.42 $5,947.98 $6,222.94 $6,529.27 131-WEEKLY $2,500.31 $2,619.43 $2,745.22 $2,872.13 $3,013.51 HOURLY RATE $31.2539 $32.7429 $34.3153 $35.9016 $37.6689 A102 ACCOUNTING ASSISTANT III ANNUAL $74,675.33 $78,351.24 $82,200.80 $86,339.76 $90,652.38 MONTHLY $6,222.94 $6,529.27 $6,850.07 $7,194.98 $7,554.37 131-WEEKLY $2,872.13 $3,013.51 $3,161.57 $3,320.76 $3,486.63 HOURLY RATE $35.9016 $37.6689 $39.5196 $41.5095 $43.5829 A103 ACCOUNTING TECHNICIAN ANNUAL $82,374.47 $86,513.42 $90,826.04 $95,312.33 $100,088.14 MONTHLY $6,864.54 $7,209.45 $7,568.84 $7,942.69 $8,340.68 131-WEEKLY $3,168.25 $3,327.44 $3,493.31 $3,665.86 $3,849.54 HOURLY RATE $39.6031 $41.5930 $43.6664 $45.8233 $48.1193 D202 ACTING POLICE CHIEF ANNUAL $218,389.29 $229,266.86 MONTHLY $18,199.11 $19,105.57 BI-WEEKLY $8,399.59 $8,817.96 HOURLY RATE $104.9949 $110.2245 A105 ADMINISTRATIVE ASSISTANT I ANNUAL $71,202.06 $74,906.92 $78,669.60 $82,548.12 $86,513.42 MONTHLY $5,933.51 $6,242.24 $6,555.80 $6,879.01 $7,209.45 131-WEEKLY $2,738.54 $2,881.04 $3,025.75 $3,174.93 $3,327.44 HOURLY RATE $34.2318 $36.0130 $37.8219 $39.6866 $41.5930 A100 ADMINISTRATIVE ASSISTANT 11 ANNUAL $78,351.24 $82,200.80 $86,281.83 $90,334.02 $94,675.60 MONTHLY $6,529.27 $6,850.07 $7,190.15 $7,527.84 $7,889.63 131-WEEKLY $3,013.51 $3,161.57 $3,318.53 $3,474.39 $3,641.37 HOURLY RATE $37.6689 $39.5196 $41.4816 $43.4299 $45.5171 D502 ASSIST CITY ATTORNEY ANNUAL $158,595.39 $166,525.13 $174,851.38 $183,593.95 $192,773.65 MONTHLY $13,216.28 $13,877.09 $14,570.95 $15,299.50 $16,064.47 131-WEEKLY $6,099.82 $6,404.81 $6,725.05 $7,061.31 $7,414.37 HOURLY RATE $76.2478 $80.0601 $84.0631 $88.2664 $92.6796 D106 ASSIST CM ADMIN. SVCS. DIR ANNUAL $171,483.56 $179,855.61 $188,879.43 $198,229.04 $208,262.37 MONTHLY $14,290.30 $14,987.97 $15,739.95 $16,519.09 $17,355.20 131-WEEKLY $6,595.52 $6,917.52 $7,264.59 $7,624.19 $8,010.09 HOURLY RATE $82.4440 $86.4690 $90.8074 $95.3024 $100.1261 CLASS A605 JOB DESCRIPTIO ASSISTANT ENGINEER PA ANNUAL $101,043.23 $105,963.74 $110,999.98 $116,817.65 $122,722.22 MONTHLY $8,420.27 $8,830.31 $9,250.00 $9,734.80 $10,226.85 BI-WEEKLY $3,886.28 $4,075.53 $4,269.23 $4,492.99 $4,720.09 HOURLY RATE $48.5785 $50.9441 $53.3654 $56.1624 $59.0011 B421 ASSISTANT PARKS SUPERVISOR ANNUAL $98,302.64 $103,218.10 $108,378.79 $113,797.75 $119,487.94 MONTHLY $8,191.89 $8,601.51 $9,031.57 $9,483.15 $9,957.33 BI-WEEKLY $3,780.87 $3,969.93 $4,168.42 $4,376.84 $4,595.69 HOURLY RATE $47.2609 $49.6241 $52.1053 $54.7105 $57.4461 A111 ASSISTANT PLANNER ANNUAL $86,195.06 $90,507.68 $94,965.01 $99,711.85 $104,719.14 MONTHLY $7,182.92 $7,542.31 $7,913.75 $8,309.32 $8,726.60 BI-WEEKLY $3,315.19 $3,481.06 $3,652.50 $3,835.07 $4,027.66 HOURLY RATE $41.4399 $43.5133 $45.6563 $47.9384 $50.3458 D300 ASSISTANT TO THE CITY MANAGER ANNUAL $120,782.80 $126,808.82 $133,140.63 $139,812.83 $146,825.54 MONTHLY $10,065.23 $10,567.40 $11,095.05 $11,651.07 $12,235.46 BI-WEEKLY $4,645.49 $4,877.26 $5,120.79 $5,377.42 $5,647.14 HOURLY RATE $58.0686 $60.9658 $64.0099 $67.2178 $70.5893 A608 ASSOCIATE ENGINEER ANNUAL $111,115.72 $116,557.22 $122,114.45 $128,568.97 $135,052.32 MONTHLY $9,259.64 $9,713.10 $10,176.20 $10,714.08 $11,254.36 BI-WEEKLY $4,273.68 $4,482.97 $4,696.71 $4,944.96 $5,194.32 HOURLY RATE $53.4210 $56.0371 $58.7089 $61.8120 $64.9290 A112 ASSOCIATE PLANNER ANNUAL $96,238.58 $101,043.23 $106,108.44 $111,492.01 $117,078.21 MONTHLY $8,019.88 $8,420.27 $8,842.37 $9,291.00 $9,756.52 BI-WEEKLY $3,701.48 $3,886.28 $4,081.09 $4,288.15 $4,503.01 HOURLY RATE $46.2685 $48.5785 $51.0136 $53.6019 $56.2876 B600 ASST. DIRECTOR OF PUBLIC WORKS ANNUAL $167,836.72 $176,292.48 $184,781.64 $194,243.85 $203,974.52 MONTHLY $13,986.39 $14,691.04 $15,398.47 $16,186.99 $16,997.88 BI-WEEKLY $6,455.26 $6,780.48 $7,106.99 $7,470.92 $7,845.17 HOURLY RATE $80.6908 $84.7560 $88.8374 $93.3865 $98.0646 S607 AUTOMOTIVE MECHANIC ANNUAL $79,344.03 $83,235.70 $87,379.28 $91,774.77 $96,478.29 MONTHLY $6,612.00 $6,936.31 $7,281.61 $7,647.90 $8,039.86 BI-WEEKLY $3,051.69 $3,201.37 $3,360.74 $3,529.80 $3,710.70 HOURLY RATE $38.1461 $40.0171 $42.0093 $44.1225 $46.3838 A705 BUILDING ATTENDANT ANNUAL $47,497.04 $49,812.48 $52,388.46 $55,022.39 $57,685.27 MONTHLY $3,958.09 $4,151.04 $4,365.71 $4,585.20 $4,807.11 BI-WEEKLY $1,826.81 $1,915.86 $2,014.94 $2,116.25 $2,218.66 HOURLY RATE $22.8351 $23.9483 $25.1868 $26.4531 $27.7333 A706 BUILDING ATTENDANT - CS ANNUAL $62,518.88 MONTHLY $5,209.91 BI-WEEKLY $2,404.57 HOURLY RATE $30.0571 A603 BUILDING INSPECTOR I ANNUAL $95,572.89 $100,088.14 $105,327.02 $110,305.33 $115,602.01 MONTHLY $7,964.41 $8,340.68 $8,777.25 $9,192.11 $9,633.50 BI-WEEKLY $3,675.88 $3,849.54 $4,051.04 $4,242.51 $4,446.23 HOURLY RATE $45.9485 $48.1193 $50.6380 $53.0314 $55.5779 A613 BUILDING INSPECTOR II ANNUAL $100,348.58 $105,095.42 $110,594.72 $115,804.64 $121,390.83 MONTHLY $8,362.38 $8,757.95 $9,216.23 $9,650.39 $10,115.90 BI-WEEKLY $3,859.56 $4,042.13 $4,253.64 $4,454.02 $4,668.88 HOURLY RATE $48.2445 $50.5266 $53.1705 $55.6753 $58.3610 A101 BUILDING MAINTENANCE WORKER ANNUAL $72,504.54 $76,354.04 $79,451.15 $83,619.07 $87,729.07 MONTHLY $6,042.05 $6,362.84 $6,620.93 $6,968.26 $7,310.76 BI-WEEKLY $2,788.64 $2,936.69 $3,055.81 $3,216.12 $3,374.20 HOURLY RATE $34.8580 $36.7086 $38.1976 $40.2015 $42.1775 CLASS JOB DESCRIPTION PAY BASIS STEP A STEP B STEP C STEP D STEP E 5603 CCTV LEADWORKER ANNUAL $79,652.07 $83,683.66 $87,855.16 $92,362.67 $97,010.31 MONTHLY $6,637.67 $6,973.64 $7,321.26 $7,696.89 $8,084.19 BI-WEEKLY $3,063.54 $3,218.60 $3,379.04 $3,552.41 $3,731.17 HOURLY RATE $38.2943 $40.2325 $42.2380 $44.4051 $46.6396 B604 CHIEF BUILDING OFFICIAL ANNUAL $143,845.76 $150,992.69 $158,441.88 $166,226.31 $174,480.48 MONTHLY $11,987.15 $12,582.72 $13,203.49 $13,852.19 $14,540.04 BI-WEEKLY $5,532.53 $5,807.41 $6,093.92 $6,393.32 $6,710.79 HOURLY RATE $69.1566 $72.5926 $76.1740 $79.9165 $83.8849 D102 CITY ATTORNEY ANNUAL $241,372.76 MONTHLY $20,114.40 BI-WEEKLY $9,283.57 HOURLY RATE $116.0446 D109 CITY CLERK ANNUAL $178,809.18 $187,700.58 $197,129.43 $206,994.19 $217,295.35 MONTHLY $14,900.77 $15,641.72 $16,427.45 $17,249.52 $18,107.95 BI-WEEKLY $6,877.28 $7,219.25 $7,581.90 $7,961.32 $8,357.51 HOURLY RATE $85.9660 $90.2406 $94.7738 $99.5165 $104.4689 B602 CITY ENGINEER ANNUAL $154,090.15 $161,906.75 $169,722.93 $178,446.13 $187,344.10 MONTHLY $12,840.85 $13,492.23 $14,143.58 $14,870.51 $15,612.01 BI-WEEKLY $5,926.54 $6,227.18 $6,527.81 $6,863.31 $7,205.54 HOURLY RATE $74.0818 $77.8398 $81.5976 $85.7914 $90.0693 D801 CITY LIBRARIAN ANNUAL $178,809.18 $187,700.58 $197,129.43 $206,994.19 $217,295.35 MONTHLY $14,900.77 $15,641.72 $16,427.45 $17,249.52 $18,107.95 BI-WEEKLY $6,877.28 $7,219.25 $7,581.90 $7,961.32 $8,357.51 HOURLY RATE $85.9660 $90.2406 $94.7738 $99.5165 $104.4689 D200 CITY MANAGER ANNUAL $274,459.72 MONTHLY $22,871.64 BI-WEEKLY $10,556.14 HOURLY RATE $131.9518 D110 CODE COMP OFF SNR RISK ANALYST ANNUAL $102,916.87 $107,629.46 $113,037.87 $118,635.95 $124,581.92 MONTHLY $8,576.41 $8,969.12 $9,419.82 $9,886.33 $10,381.83 BI-WEEKLY $3,958.34 $4,139.59 $4,347.61 $4,562.92 $4,791.61 HOURLY RATE $49.4793 $51.7449 $54.3451 $57.0365 $59.8951 B103 CODE COMPLIANCE OFFICER ANNUAL $96,724.93 $101,540.87 $106,634.83 $111,938.75 $117,556.79 MONTHLY $8,060.41 $8,461.74 $8,886.24 $9,328.23 $9,796.40 BI-WEEKLY $3,720.19 $3,905.42 $4,101.34 $4,305.34 $4,521.42 HOURLY RATE $46.5024 $48.8178 $51.2668 $53.8168 $56.5178 D108 COMM DEV DIRECTOR ANNUAL $178,809.18 $187,700.58 $197,129.43 $206,994.19 $217,295.35 MONTHLY $14,900.77 $15,641.72 $16,427.45 $17,249.52 $18,107.95 BI-WEEKLY $6,877.28 $7,219.25 $7,581.90 $7,961.32 $8,357.51 HOURLY RATE $85.9660 $90.2406 $94.7738 $99.5165 $104.4689 T900 COMMUNICATION DISPATCHER I ANNUAL $80,576.72 $84,205.66 $88,221.79 $92,344.29 $96,889.20 MONTHLY $6,714.73 $7,017.14 $7,351.82 $7,695.36 $8,074.10 BI-WEEKLY $3,099.10 $3,238.68 $3,393.15 $3,551.70 $3,726.51 HOURLY RATE $38.7388 $40.4835 $42.4144 $44.3963 $46.5814 T901 COMMUNICATION DISPATCHER II ANNUAL $84,557.67 $88,257.25 $92,626.06 $96,889.20 $101,856.90 MONTHLY $7,046.47 $7,354.77 $7,718.84 $8,074.10 $8,488.07 BI-WEEKLY $3,252.22 $3,394.51 $3,562.54 $3,726.51 $3,917.57 HOURLY RATE $40.6528 $42.4314 $44.5318 $46.5814 $48.9696 D100 COUNCIL MEMBER ANNUAL $7,080.48 MONTHLY $590.04 BI-WEEKLY $272.33 HOURLY RATE $3.4041 CLASS A106 CUSTODIAN PA ANNUAL $59,450.87 $62,171.56 $65,268.54 $68,712.84 $72,244.04 MONTHLY $4,954.24 $5,180.96 $5,439.05 $5,726.07 $6,020.34 BI-WEEKLY $2,286.57 $2,391.21 $2,510.33 $2,642.80 $2,778.62 HOURLY RATE $28.5821 $29.8901 $31.3791 $33.0350 $34.7328 A116 CUSTOMER SERVICE SUPERVISOR ANNUAL $86,224.03 $90,507.68 $94,936.04 $99,740.82 $104,719.14 MONTHLY $7,185.34 $7,542.31 $7,911.34 $8,311.74 $8,726.60 BI-WEEKLY $3,316.31 $3,481.06 $3,651.39 $3,836.19 $4,027.66 HOURLY RATE $41.4539 $43.5133 $45.6424 $47.9524 $50.3458 D501 DEPUTY CITY ATTORNEY ANNUAL $113,712.04 $119,397.65 $125,367.54 $131,635.91 $138,217.69 MONTHLY $9,476.00 $9,949.80 $10,447.30 $10,969.66 $11,518.14 BI-WEEKLY $4,373.54 $4,592.22 $4,821.83 $5,062.92 $5,316.07 HOURLY RATE $54.6693 $57.4028 $60.2729 $63.2865 $66.4509 B603 DEPUTY DIRECTOR OF PW OPS ANNUAL $153,645.17 $161,361.04 $169,394.28 $177,919.90 $186,727.73 MONTHLY $12,803.76 $13,446.75 $14,116.19 $14,826.66 $15,560.64 BI-WEEKLY $5,909.43 $6,206.19 $6,515.16 $6,843.07 $7,181.84 HOURLY RATE $73.8679 $77.5774 $81.4395 $85.5384 $89.7730 B107 DEPUTY FINANCE DIRECTOR ANNUAL $136,698.85 $143,543.91 $150,724.35 $158,206.66 $166,159.24 MONTHLY $11,391.57 $11,961.99 $12,560.36 $13,183.89 $13,846.60 BI-WEEKLY $5,257.65 $5,520.92 $5,797.09 $6,084.87 $6,390.74 HOURLY RATE $65.7206 $69.0115 $72.4636 $76.0609 $79.8843 D600 DIRECTOR OF PUBLIC WORKS ANNUAL $189,076.53 $198,505.02 $208,470.58 $218,872.50 $229,844.89 MONTHLY $15,756.38 $16,542.09 $17,372.55 $18,239.38 $19,153.74 BI-WEEKLY $7,272.17 $7,634.81 $8,018.10 $8,418.17 $8,840.19 HOURLY RATE $90.9021 $95.4351 $100.2263 $105.2271 $110.5024 A451 ECON DEV & HOUSING SPECIALIST ANNUAL $105,095.42 $110,363.26 $115,891.53 $121,680.23 $127,758.46 MONTHLY $8,757.95 $9,196.94 $9,657.63 $10,140.02 $10,646.54 BI-WEEKLY $4,042.13 $4,244.74 $4,457.37 $4,680.01 $4,913.79 HOURLY RATE $50.5266 $53.0593 $55.7171 $58.5001 $61.4224 B605 ELECTRICAL SUPERVISOR ANNUAL $109,147.57 $114,102.19 $119,894.66 $125,791.56 $132,107.62 MONTHLY $9,095.63 $9,508.52 $9,991.22 $10,482.63 $11,008.97 BI-WEEKLY $4,197.98 $4,388.55 $4,611.33 $4,838.14 $5,081.06 HOURLY RATE $52.4748 $54.8569 $57.6416 $60.4768 $63.5133 A301 EMERGENCY PREP/FIRE ED ANNUAL $81,361.44 $85,239.85 $89,494.67 $94,096.69 $98,611.94 MONTHLY $6,780.12 $7,103.32 $7,457.89 $7,841.39 $8,217.66 BI-WEEKLY $3,129.29 $3,278.46 $3,442.10 $3,619.10 $3,792.77 HOURLY RATE $39.1161 $40.9808 $43.0263 $45.2388 $47.4096 A604 ENGINEERING TECHNICIAN II ANNUAL $81,042.96 $85,153.08 $89,494.67 $93,894.06 $98,525.18 MONTHLY $6,753.58 $7,096.09 $7,457.89 $7,824.51 $8,210.43 BI-WEEKLY $3,117.04 $3,275.12 $3,442.10 $3,611.31 $3,789.43 HOURLY RATE $38.9630 $40.9390 $43.0263 $45.1414 $47.3679 A625 ENV REG COMPLIANCE MANAGER ANNUAL $100,466.91 $105,445.97 $110,800.13 $116,290.67 $122,088.05 MONTHLY $8,372.24 $8,787.16 $9,233.34 $9,690.89 $10,174.00 BI-WEEKLY $3,864.11 $4,055.61 $4,261.54 $4,472.72 $4,695.69 HOURLY RATE $48.3014 $50.6951 $53.2693 $55.9090 $58.6961 D105 EXECUTIVE ASSISTANT ANNUAL $86,099.53 $90,024.99 $94,655.61 $99,386.95 $104,386.15 MONTHLY $7,174.96 $7,502.08 $7,887.97 $8,282.25 $8,698.85 BI-WEEKLY $3,311.52 $3,462.50 $3,640.60 $3,822.58 $4,014.85 HOURLY RATE $41.3940 $43.2813 $45.5075 $47.7823 $50.1856 B611 FACILITIES & FLEET SUPERVISOR ANNUAL $99,865.92 $104,849.51 $110,140.91 $115,656.31 $121,395.71 MONTHLY $8,322.16 $8,737.46 $9,178.41 $9,638.03 $10,116.31 BI-WEEKLY $3,841.00 $4,032.67 $4,236.19 $4,448.32 $4,669.07 HOURLY RATE $48.0125 $50.4084 $52.9524 $55.6040 $58.3634 CLASS B900 JOB DESCRIPTION FACILITIES AND FLEET MANAGER PA ANNUAL $116,265.75 $122,092.69 $128,199.39 $134,619.72 $141,319.67 MONTHLY $9,688.81 $10,174.39 $10,683.28 $11,218.31 $11,776.64 BI-WEEKLY $4,471.76 $4,695.87 $4,930.75 $5,177.68 $5,435.37 HOURLY RATE $55.8970 $58.6984 $61.6344 $64.7210 $67.9421 S704 FACILITIES LEADWORKER ANNUAL $79,652.07 $83,683.66 $87,855.16 $92,362.67 $97,010.31 MONTHLY $6,637.67 $6,973.64 $7,321.26 $7,696.89 $8,084.19 BI-WEEKLY $3,063.54 $3,218.60 $3,379.04 $3,552.41 $3,731.17 HOURLY RATE $38.2943 $40.2325 $42.2380 $44.4051 $46.6396 S703 FACILITIES MAINTENANCE WORKER ANNUAL $72,484.79 $76,264.28 $79,540.08 $83,683.66 $87,715.25 MONTHLY $6,040.40 $6,355.36 $6,628.34 $6,973.64 $7,309.60 BI-WEEKLY $2,787.88 $2,933.24 $3,059.23 $3,218.60 $3,373.66 HOURLY RATE $34.8485 $36.6655 $38.2404 $40.2325 $42.1708 D103 FINANCE DIRECTOR ANNUAL $187,365.26 $196,726.79 $206,490.96 $216,892.75 $227,697.19 MONTHLY $15,613.77 $16,393.90 $17,207.58 $18,074.40 $18,974.77 BI-WEEKLY $7,206.36 $7,566.42 $7,941.96 $8,342.03 $8,757.58 HOURLY RATE $90.0795 $94.5803 $99.2745 $104.2754 $109.4698 B108 FINANCIAL SERVICES MANAGER ANNUAL $122,814.97 $129,278.91 $136,083.07 $143,245.33 $150,784.56 MONTHLY $10,234.58 $10,773.24 $11,340.26 $11,937.11 $12,565.38 BI-WEEKLY $4,723.65 $4,972.27 $5,233.96 $5,509.44 $5,799.41 HOURLY RATE $59.0456 $62.1534 $65.4245 $68.8680 $72.4926 B606 FLEET MANAGER ANNUAL $113,648.57 $119,406.09 $125,337.72 $131,583.93 $138,143.77 MONTHLY $9,470.71 $9,950.51 $10,444.81 $10,965.33 $11,511.98 BI-WEEKLY $4,371.10 $4,592.54 $4,820.68 $5,060.92 $5,313.22 HOURLY RATE $54.6388 $57.4068 $60.2585 $63.2615 $66.4153 A805 GRAPHIC ARTIST ANNUAL $71,925.68 $75,514.69 $79,277.48 $83,242.78 $87,410.71 MONTHLY $5,993.81 $6,292.89 $6,606.46 $6,936.90 $7,284.23 BI-WEEKLY $2,766.37 $2,904.41 $3,049.13 $3,201.65 $3,361.95 HOURLY RATE $34.5796 $36.3051 $38.1141 $40.0206 $42.0244 A614 GREEN BUILDING SPECIALIST ANNUAL $83,242.78 $87,410.71 $91,839.07 $96,354.32 $101,187.93 MONTHLY $6,936.90 $7,284.23 $7,653.26 $8,029.53 $8,432.33 BI-WEEKLY $3,201.65 $3,361.95 $3,532.27 $3,705.94 $3,891.84 HOURLY RATE $40.0206 $42.0244 $44.1534 $46.3243 $48.6480 S403 GROUNDS EQUIPMENT REPAIR ANNUAL $67,678.68 $70,854.00 $74,406.12 $78,039.00 $81,940.92 MONTHLY $5,639.89 $5,904.50 $6,200.51 $6,503.25 $6,828.41 BI-WEEKLY $2,603.03 $2,725.15 $2,861.77 $3,001.50 $3,151.57 HOURLY RATE $32.5379 $34.0644 $35.7721 $37.5188 $39.3946 D107 HUMAN RESOURCES ANALYST II ANNUAL $100,829.44 $105,896.36 $110,963.00 $116,633.50 $122,505.63 MONTHLY $8,402.45 $8,824.70 $9,246.92 $9,719.46 $10,208.80 BI-WEEKLY $3,878.06 $4,072.94 $4,267.81 $4,485.90 $4,711.76 HOURLY RATE $48.4758 $50.9118 $53.3476 $56.0738 $58.8970 D805 HUMAN RESOURCES DIRECTOR ANNUAL $178,809.18 $187,700.58 $197,129.43 $206,994.19 $217,295.35 MONTHLY $14,900.77 $15,641.72 $16,427.45 $17,249.52 $18,107.95 BI-WEEKLY $6,877.28 $7,219.25 $7,581.90 $7,961.32 $8,357.51 HOURLY RATE $85.9660 $90.2406 $94.7738 $99.5165 $104.4689 D400 HUMAN RESOURCES TECHNICIAN ANNUAL $76,718.07 $80,334.01 $84,275.82 $88,478.16 $93,103.95 MONTHLY $6,393.17 $6,694.50 $7,022.99 $7,373.18 $7,758.66 BI-WEEKLY $2,950.70 $3,089.77 $3,241.38 $3,403.01 $3,580.92 HOURLY RATE $36.8838 $38.6221 $40.5173 $42.5376 $44.7615 S610 INSTRUMENTATION MECHANIC TECH ANNUAL $79,652.07 $83,683.66 $87,855.16 $92,362.67 $97,010.31 MONTHLY $6,637.67 $6,973.64 $7,321.26 $7,696.89 $8,084.19 BI-WEEKLY $3,063.54 $3,218.60 $3,379.04 $3,552.41 $3,731.17 HOURLY RATE $38.2943 $40.2325 $42.2380 $44.4051 $46.6396 CLASS S404 JOB DESCRIPTION IRRIGATION REPAIR SPECIALIST PA ANNUAL $72,176.75 $75,564.37 $79,344.03 $83,235.70 $87,379.28 MONTHLY $6,014.73 $6,297.03 $6,612.00 $6,936.31 $7,281.61 BI-WEEKLY $2,776.03 $2,906.32 $3,051.69 $3,201.37 $3,360.74 HOURLY RATE $34.7004 $36.3290 $38.1461 $40.0171 $42.0093 A606 JUNIOR ENGINEER ANNUAL $91,752.29 $96,122.85 $101,043.23 $105,963.74 $110,999.98 MONTHLY $7,646.02 $8,010.24 $8,420.27 $8,830.31 $9,250.00 BI-WEEKLY $3,528.93 $3,697.03 $3,886.28 $4,075.53 $4,269.23 HOURLY RATE $44.1116 $46.2129 $48.5785 $50.9441 $53.3654 S608 LEAD EQUIPMENT MECHANIC ANNUAL $83,317.07 $87,378.87 $91,755.79 $96,352.94 $101,296.55 MONTHLY $6,943.09 $7,281.57 $7,646.32 $8,029.41 $8,441.38 BI-WEEKLY $3,204.50 $3,360.73 $3,529.07 $3,705.88 $3,896.02 HOURLY RATE $40.0563 $42.0091 $44.1134 $46.3235 $48.7003 A801 LIBRARIAN I ANNUAL $75,427.92 $79,074.86 $82,721.79 $86,947.51 $91,086.60 MONTHLY $6,285.66 $6,589.57 $6,893.48 $7,245.63 $7,590.55 BI-WEEKLY $2,901.07 $3,041.34 $3,181.61 $3,344.14 $3,503.33 HOURLY RATE $36.2634 $38.0168 $39.7701 $41.8018 $43.7916 A800 LIBRARIAN II ANNUAL $83,040.15 $87,179.11 $91,376.01 $95,833.32 $100,840.61 MONTHLY $6,920.01 $7,264.93 $7,614.67 $7,986.11 $8,403.38 BI-WEEKLY $3,193.85 $3,353.04 $3,514.46 $3,685.90 $3,878.49 HOURLY RATE $39.9231 $41.9130 $43.9308 $46.0738 $48.4811 B801 LIBRARIAN III ANNUAL $104,750.58 $109,984.97 $115,288.64 $121,255.68 $127,187.41 MONTHLY $8,729.22 $9,165.41 $9,607.39 $10,104.64 $10,598.95 BI-WEEKLY $4,028.87 $4,230.19 $4,434.18 $4,663.68 $4,891.82 HOURLY RATE $50.3609 $52.8774 $55.4273 $58.2960 $61.1478 A804 LIBRARY ASSISTANT I ANNUAL $57,772.04 $60,753.28 $63,763.49 $66,686.81 $70,189.05 MONTHLY $4,814.34 $5,062.77 $5,313.62 $5,557.23 $5,849.09 BI-WEEKLY $2,222.00 $2,336.66 $2,452.44 $2,564.88 $2,699.58 HOURLY RATE $27.7750 $29.2083 $30.6555 $32.0610 $33.7448 A803 LIBRARY ASSISTANT II ANNUAL $64,458.15 $67,323.54 $70,941.63 $74,125.38 $77,772.32 MONTHLY $5,371.51 $5,610.30 $5,911.80 $6,177.12 $6,481.03 BI-WEEKLY $2,479.16 $2,589.37 $2,728.52 $2,850.98 $2,991.24 HOURLY RATE $30.9895 $32.3671 $34.1065 $35.6373 $37.3905 A802 LIBRARY ASSISTANT III ANNUAL $71,954.65 $75,225.29 $79,161.62 $83,098.08 $87,005.45 MONTHLY $5,996.22 $6,268.77 $6,596.80 $6,924.84 $7,250.45 BI-WEEKLY $2,767.49 $2,893.28 $3,044.68 $3,196.08 $3,346.36 HOURLY RATE $34.5936 $36.1660 $38.0585 $39.9510 $41.8295 B803 LIBRARY CIRCULATION SUPE ANNUAL $82,628.42 $86,536.18 $90,618.66 $95,364.25 $99,760.68 MONTHLY $6,885.70 $7,211.35 $7,551.56 $7,947.02 $8,313.39 BI-WEEKLY $3,178.02 $3,328.31 $3,485.33 $3,667.86 $3,836.95 HOURLY RATE $39.7253 $41.6039 $43.5666 $45.8483 $47.9619 B805 LIBRARY SERVICES MANAGER ANNUAL $122,127.69 $128,373.63 $134,724.12 $141,493.79 $148,821.27 MONTHLY $10,177.31 $10,697.80 $11,227.01 $11,791.15 $12,401.77 BI-WEEKLY $4,697.22 $4,937.45 $5,181.70 $5,442.07 $5,723.90 HOURLY RATE $58.7153 $61.7181 $64.7713 $68.0259 $71.5488 S606 MAINTENANCE ELECTRICIAN ANNUAL $88,891.03 $93,342.61 $98,102.06 $103,001.60 $108,209.18 MONTHLY $7,407.59 $7,778.55 $8,175.17 $8,583.47 $9,017.43 BI-WEEKLY $3,418.89 $3,590.10 $3,773.16 $3,961.60 $4,161.89 HOURLY RATE $42.7361 $44.8763 $47.1645 $49.5200 $52.0236 S605 MAINTENANCE WORKER I ANNUAL $64,813.46 $68,089.10 $71,896.72 $75,256.38 $78,868.14 MONTHLY $5,401.12 $5,674.09 $5,991.39 $6,271.37 $6,572.35 BI-WEEKLY $2,492.83 $2,618.81 $2,765.26 $2,894.48 $3,033.39 HOURLY RATE $31.1604 $32.7351 $34.5658 $36.1810 $37.9174 A121 B DESCRIPTION MANAGEMENT ANALYST PAV 2A=EP ANNUAL $89,452.97 $94,160.82 $99,116.73 $104,333.39 E $109,824.62 MONTHLY $7,454.41 $7,846.74 $8,259.73 $8,694.45 $9,152.05 BI-WEEKLY $3,440.50 $3,621.57 $3,812.18 $4,012.82 $4,224.02 HOURLY RATE $43.0063 $45.2696 $47.6523 $50.1603 $52.8003 A120 MANAGEMENT ASSISTANT ANNUAL $85,905.53 $90,218.29 $94,675.60 $99,451.30 $104,400.77 MONTHLY $7,158.79 $7,518.19 $7,889.63 $8,287.61 $8,700.06 BI-WEEKLY $3,304.06 $3,469.93 $3,641.37 $3,825.05 $4,015.41 HOURLY RATE $41.3008 $43.3741 $45.5171 $47.8131 $50.1926 A107 OFFICE ASSISTANT I ANNUAL $56,585.36 $59,450.87 $62,430.74 $65,384.40 $68,944.43 MONTHLY $4,715.45 $4,954.24 $5,202.56 $5,448.70 $5,745.37 BI-WEEKLY $2,176.36 $2,286.57 $2,401.18 $2,514.78 $2,651.71 HOURLY RATE $27.2045 $28.5821 $30.0148 $31.4348 $33.1464 A670 OFFICE ASSISTANT II ANNUAL $61,968.93 $64,805.48 $68,047.16 $71,433.66 $74,704.30 MONTHLY $5,164.08 $5,400.46 $5,670.60 $5,952.81 $6,225.36 BI-WEEKLY $2,383.42 $2,492.52 $2,617.20 $2,747.45 $2,873.24 HOURLY RATE $29.7928 $31.1565 $32.7150 $34.3431 $35.9155 S401 PARK MAINTENANCE LEAD WORKER ANNUAL $79,652.07 $83,683.66 $87,855.16 $92,362.67 $97,010.31 MONTHLY $6,637.67 $6,973.64 $7,321.26 $7,696.89 $8,084.19 BI-WEEKLY $3,063.54 $3,218.60 $3,379.04 $3,552.41 $3,731.17 HOURLY RATE $38.2943 $40.2325 $42.2380 $44.4051 $46.6396 S407 PARK MAINTENANCE WORKER I ANNUAL $65,093.54 $68,089.10 $71,896.72 $75,256.38 $78,868.14 MONTHLY $5,424.46 $5,674.09 $5,991.39 $6,271.37 $6,572.35 BI-WEEKLY $2,503.60 $2,618.81 $2,765.26 $2,894.48 $3,033.39 HOURLY RATE $31.2950 $32.7351 $34.5658 $36.1810 $37.9174 S406 PARK MAINTENANCE WORKER II ANNUAL $68,089.10 $71,896.72 $75,256.38 $78,868.14 $82,759.62 MONTHLY $5,674.09 $5,991.39 $6,271.37 $6,572.35 $6,896.64 BI-WEEKLY $2,618.81 $2,765.26 $2,894.48 $3,033.39 $3,183.06 HOURLY RATE $32.7351 $34.5658 $36.1810 $37.9174 $39.7883 A201 PARKING ENFORCEMENT OFFICER ANNUAL $63,242.50 $66,252.71 $69,523.35 $73,054.43 $76,701.37 MONTHLY $5,270.21 $5,521.06 $5,793.61 $6,087.87 $6,391.78 BI-WEEKLY $2,432.40 $2,548.18 $2,673.98 $2,809.79 $2,950.05 HOURLY RATE $30.4050 $31.8523 $33.4248 $35.1224 $36.8756 A200 PARKING SYSTEM TECHNICIAN ANNUAL $68,712.84 $72,244.04 $75,572.62 $79,248.51 $83,213.81 MONTHLY $5,726.07 $6,020.34 $6,297.72 $6,604.04 $6,934.48 BI-WEEKLY $2,642.80 $2,778.62 $2,906.64 $3,048.02 $3,200.53 HOURLY RATE $33.0350 $34.7328 $36.3330 $38.1003 $40.0066 D705 PARKS & RECREATION DIRECTOR ANNUAL $178,809.18 $187,700.58 $197,129.43 $206,994.19 $217,295.35 MONTHLY $14,900.77 $15,641.72 $16,427.45 $17,249.52 $18,107.95 BI-WEEKLY $6,877.28 $7,219.25 $7,581.90 $7,961.32 $8,357.51 HOURLY RATE $85.9660 $90.2406 $94.7738 $99.5165 $104.4689 B430 PARKS SUPE/CITY ARBORIST ANNUAL $107,472.46 $113,020.75 $118,603.72 $124,500.73 $132,177.24 MONTHLY $8,956.04 $9,418.40 $9,883.64 $10,375.06 $11,014.77 BI-WEEKLY $4,133.56 $4,346.95 $4,561.68 $4,788.49 $5,083.74 HOURLY RATE $51.6695 $54.3369 $57.0210 $59.8561 $63.5468 B410 PARKSSUPERINT/CITYARBORIST ANNUAL $126,968.22 $133,544.59 $140,054.34 $147,134.12 $154,750.86 MONTHLY $10,580.69 $11,128.72 $11,671.20 $12,261.18 $12,895.91 BI-WEEKLY $4,883.39 $5,136.33 $5,386.71 $5,659.00 $5,951.96 HOURLY RATE $61.0424 $64.2041 $67.3339 $70.7375 $74.3995 B420 PARKS SUPERVISOR ANNUAL $104,925.11 $110,263.67 $115,811.90 $121,639.49 $129,141.49 MONTHLY $8,743.76 $9,188.64 $9,650.99 $10,136.62 $10,761.79 BI-WEEKLY $4,035.58 $4,240.91 $4,454.30 $4,678.44 $4,966.98 HOURLY RATE $50.4448 $53.0114 $55.6788 $58.4805 $62.0873 CLASS A114 JOB DESCRIPTION PAYROLL ADMINISTRATOR PA ANNUAL $86,224.03 $90,507.68 $94,936.04 $99,740.82 $104,719.14 MONTHLY $7,185.34 $7,542.31 $7,911.34 $8,311.74 $8,726.60 BI-WEEKLY $3,316.31 $3,481.06 $3,651.39 $3,836.19 $4,027.66 HOURLY RATE $41.4539 $43.5133 $45.6424 $47.9524 $50.3458 A609 PERMIT TECHNICIAN ANNUAL $75,688.36 $79,422.18 $83,503.21 $87,584.37 $91,925.96 MONTHLY $6,307.36 $6,618.52 $6,958.60 $7,298.70 $7,660.50 BI-WEEKLY $2,911.09 $3,054.70 $3,211.66 $3,368.63 $3,535.61 HOURLY RATE $36.3886 $38.1838 $40.1458 $42.1079 $44.1951 A108 PLANNER ANNUAL $96,238.58 $101,014.27 $106,166.37 $111,115.72 $116,817.65 MONTHLY $8,019.88 $8,417.86 $8,847.20 $9,259.64 $9,734.80 BI-WEEKLY $3,701.48 $3,885.16 $4,083.32 $4,273.68 $4,492.99 HOURLY RATE $46.2685 $48.5645 $51.0415 $53.4210 $56.1624 D104 PLANNING DIRECTOR ANNUAL $175,487.44 $184,144.12 $193,471.93 $200,518.46 $213,134.79 MONTHLY $14,623.95 $15,345.34 $16,122.66 $16,709.87 $17,761.23 BI-WEEKLY $6,749.52 $7,082.47 $7,441.23 $7,712.25 $8,197.49 HOURLY RATE $84.3690 $88.5309 $93.0154 $96.4031 $102.4686 6111 PLANNING MANAGER ANNUAL $139,047.55 $145,993.33 $153,240.80 $160,924.82 $169,011.06 MONTHLY $11,587.30 $12,166.11 $12,770.07 $13,410.40 $14,084.26 BI-WEEKLY $5,347.98 $5,615.13 $5,893.88 $6,189.42 $6,500.43 HOURLY RATE $66.8498 $70.1891 $73.6735 $77.3678 $81.2554 A205 POLICE ADM SERVICES COORD ANNUAL $73,835.98 $77,511.88 $81,332.47 $85,182.05 $89,263.08 MONTHLY $6,153.00 $6,459.32 $6,777.71 $7,098.50 $7,438.59 BI-WEEKLY $2,839.85 $2,981.23 $3,128.17 $3,276.23 $3,433.20 HOURLY RATE $35.4981 $37.2654 $39.1021 $40.9529 $42.9150 M200 POLICE CAPTAIN ANNUAL $173,158.30 $181,563.46 $189,503.41 $198,838.96 $208,488.34 MONTHLY $14,429.86 $15,130.29 $15,791.95 $16,569.91 $17,374.03 BI-WEEKLY $6,659.93 $6,983.21 $7,288.59 $7,647.65 $8,018.78 HOURLY RATE $83.2491 $87.2901 $91.1074 $95.5956 $100.2348 D201 POLICE CHIEF ANNUAL $204,300.61 $214,486.50 $225,185.39 $236,328.10 $248,223.56 MONTHLY $17,025.05 $17,873.88 $18,765.45 $19,694.01 $20,685.30 BI-WEEKLY $7,857.72 $8,249.48 $8,660.98 $9,089.54 $9,547.06 HOURLY RATE $98.2215 $103.1185 $108.2623 $113.6193 $119.3383 A202 POLICE CLERK I ANNUAL $58,929.88 $61,911.12 $65,008.11 $68,105.08 $71,375.72 MONTHLY $4,910.82 $5,159.26 $5,417.34 $5,675.42 $5,947.98 BI-WEEKLY $2,266.53 $2,381.20 $2,500.31 $2,619.43 $2,745.22 HOURLY RATE $28.3316 $29.7650 $31.2539 $32.7429 $34.3153 A203 POLICE CLERK II ANNUAL $65,008.11 $68,105.08 $71,375.72 $74,675.33 $78,351.24 MONTHLY $5,417.34 $5,675.42 $5,947.98 $6,222.94 $6,529.27 BI-WEEKLY $2,500.31 $2,619.43 $2,745.22 $2,872.13 $3,013.51 HOURLY RATE $31.2539 $32.7429 $34.3153 $35.9016 $37.6689 A204 POLICE CLERK III ANNUAL $90,218.29 MONTHLY $7,518.19 BI-WEEKLY $3,469.93 HOURLY RATE $43.3741 M202 POLICE LIEUTENANT ANNUAL $148,166.95 $155,542.94 $163,339.63 $171,492.04 $180,076.18 MONTHLY $12,347.25 $12,961.91 $13,611.64 $14,291.00 $15,006.35 BI-WEEKLY $5,698.73 $5,982.42 $6,282.29 $6,595.85 $6,926.01 HOURLY RATE $71.2341 $74.7803 $78.5286 $82.4481 $86.5751 P200 POLICE OFFICER ANNUAL $101,917.67 $107,521.27 $112,381.83 $118,295.06 $123,929.59 MONTHLY $8,493.14 $8,960.11 $9,365.15 $9,857.92 $10,327.47 BI-WEEKLY $3,919.91 $4,135.43 $4,322.38 $4,549.81 $4,766.52 HOURLY RATE $48.9989 $51.6929 $54.0298 $56.8726 $59.5815 CLASS JOB DESCRIPTION PA ST STEP D S P201 POLICE OFFICER TRAINEE ANNUAL $98,072.13 MONTHLY $8,172.68 BI-WEEKLY $3,772.01 HOURLY RATE $47.1501 M201 POLICE SERGEANT ANNUAL $123,805.84 $129,657.06 $136,096.61 $143,031.43 $150,306.81 MONTHLY $10,317.15 $10,804.76 $11,341.38 $11,919.29 $12,525.57 BI-WEEKLY $4,761.76 $4,986.81 $5,234.49 $5,501.21 $5,781.03 HOURLY RATE $59.5220 $62.3351 $65.4311 $68.7651 $72.2629 B201 POLICE SERVICES MANAGER ANNUAL $121,325.30 $127,391.80 $133,761.34 $140,449.40 $147,471.97 MONTHLY $10,110.44 $10,615.98 $11,146.78 $11,704.12 $12,289.33 BI-WEEKLY $4,666.36 $4,899.68 $5,144.67 $5,401.90 $5,672.00 HOURLY RATE $58.3295 $61.2460 $64.3084 $67.5238 $70.9000 A711 PROGRAM COORDINATOR ANNUAL $51,491.31 $54,038.34 $56,701.22 $59,508.68 $62,518.88 MONTHLY $4,290.94 $4,503.20 $4,725.10 $4,959.06 $5,209.91 BI-WEEKLY $1,980.44 $2,078.40 $2,180.82 $2,288.80 $2,404.57 HOURLY RATE $24.7555 $25.9800 $27.2603 $28.6100 $30.0571 A610 PROJECT MGR GIS COORDINATOR ANNUAL $141,825.21 MONTHLY $11,818.77 BI-WEEKLY $5,454.82 HOURLY RATE $68.1853 A611 PUBLIC WORKS INSPECTOR ANNUAL $95,283.37 $99,972.28 $105,037.50 $110,276.36 $115,862.57 MONTHLY $7,940.28 $8,331.02 $8,753.13 $9,189.70 $9,655.21 BI-WEEKLY $3,664.75 $3,845.09 $4,039.90 $4,241.40 $4,456.25 HOURLY RATE $45.8094 $48.0636 $50.4988 $53.0175 $55.7031 A702 RECREATION COORDINATOR I ANNUAL $56,701.45 $59,508.76 $62,518.88 $65,644.85 $68,926.97 MONTHLY $4,725.12 $4,959.06 $5,209.91 $5,470.40 $5,743.91 BI-WEEKLY $2,180.83 $2,288.80 $2,404.57 $2,524.80 $2,651.04 HOURLY RATE $27.2604 $28.6100 $30.0571 $31.5600 $33.1380 A701 RECREATION COORDINATOR II ANNUAL $74,299.04 $77,859.21 $81,535.11 $85,587.17 $89,842.00 MONTHLY $6,191.59 $6,488.27 $6,794.59 $7,132.26 $7,486.83 BI-WEEKLY $2,857.66 $2,994.59 $3,135.97 $3,291.81 $3,455.46 HOURLY RATE $35.7208 $37.4324 $39.1996 $41.1476 $43.1933 B711 RECREATION MANAGER ANNUAL $112,778.75 $118,714.46 $124,962.57 $131,539.54 $138,462.67 MONTHLY $9,398.23 $9,892.87 $10,413.55 $10,961.63 $11,538.56 BI-WEEKLY $4,337.64 $4,565.94 $4,806.25 $5,059.21 $5,325.49 HOURLY RATE $54.2205 $57.0743 $60.0781 $63.2401 $66.5686 B710 RECREATION SUPERINTENDENT ANNUAL $122,127.69 $128,408.66 $134,724.12 $141,563.60 $148,856.31 MONTHLY $10,177.31 $10,700.72 $11,227.01 $11,796.97 $12,404.69 BI-WEEKLY $4,697.22 $4,938.79 $5,181.70 $5,444.75 $5,725.24 HOURLY RATE $58.7153 $61.7349 $64.7713 $68.0594 $71.5655 B700 RECREATION SUPERVISOR ANNUAL $102,831.46 $108,170.16 $113,160.28 $119,091.98 $125,024.01 MONTHLY $8,569.29 $9,014.18 $9,430.02 $9,924.33 $10,418.67 BI-WEEKLY $3,955.06 $4,160.39 $4,352.32 $4,580.46 $4,808.62 HOURLY RATE $49.4383 $52.0049 $54.4040 $57.2558 $60.1078 B106 SENIOR ACCOUNTANT ANNUAL $96,478.54 $101,528.20 $106,933.36 $112,516.41 $118,455.59 MONTHLY $8,039.88 $8,460.68 $8,911.11 $9,376.37 $9,871.30 BI-WEEKLY $3,710.71 $3,904.93 $4,112.82 $4,327.55 $4,555.98 HOURLY RATE $46.3839 $48.8116 $51.4103 $54.0944 $56.9498 A602 SENIOR BUILDING INSPECTOR ANNUAL $107,208.35 $112,505.03 $117,830.80 $124,082.68 $130,334.57 MONTHLY $8,934.03 $9,375.42 $9,819.23 $10,340.22 $10,861.21 BI-WEEKLY $4,123.40 $4,327.12 $4,531.95 $4,772.41 $5,012.87 HOURLY RATE $51.5425 $54.0890 $56.6494 $59.6551 $62.6609 B601 SENIOR CIVIL ENGINEER PA ANNUAL $146,727.75 $154,055.46 $161,801.79 $169,862.18 $178,411.14 MONTHLY $12,227.31 $12,837.96 $13,483.48 $14,155.18 $14,867.60 BI-WEEKLY $5,643.38 $5,925.21 $6,223.15 $6,533.16 $6,861.97 HOURLY RATE $70.5423 $74.0651 $77.7894 $81.6645 $85.7746 B610 SENIOR MANAGEMENT ANALYST ANNUAL $105,901.81 $110,738.15 $116,321.57 $122,082.49 $128,199.04 MONTHLY $8,825.15 $9,228.18 $9,693.46 $10,173.54 $10,683.25 BI-WEEKLY $4,073.15 $4,259.16 $4,473.91 $4,695.48 $4,930.73 HOURLY RATE $50.9144 $53.2395 $55.9239 $58.6935 $61.6341 A113 SENIOR PLANNER ANNUAL $122,081.85 $128,134.02 $134,512.52 $141,247.16 $148,367.36 MONTHLY $10,173.49 $10,677.84 $11,209.38 $11,770.60 $12,363.95 BI-WEEKLY $4,695.46 $4,928.23 $5,173.56 $5,432.58 $5,706.44 HOURLY RATE $58.6933 $61.6029 $64.6695 $67.9073 $71.3305 A607 SENIOR PUBLIC WORKS INSPECTOR ANNUAL $105,819.04 $111,115.72 $116,557.22 $122,114.45 $128,568.97 MONTHLY $8,818.25 $9,259.64 $9,713.10 $10,176.20 $10,714.08 BI-WEEKLY $4,069.96 $4,273.68 $4,482.97 $4,696.71 $4,944.96 HOURLY RATE $50.8745 $53.4210 $56.0371 $58.7089 $61.8120 A615 SR GREEN BUILDING SPECIALIST ANNUAL $89,902.21 $94,403.56 $99,186.19 $104,062.66 $109,282.96 MONTHLY $7,491.85 $7,866.96 $8,265.52 $8,671.89 $9,106.91 BI-WEEKLY $3,457.78 $3,630.91 $3,814.85 $4,002.41 $4,203.19 HOURLY RATE $43.2223 $45.3864 $47.6856 $50.0301 $52.5399 B608 STREET & SEWER SUPERVISOR ANNUAL $99,865.92 $104,849.51 $110,140.91 $115,656.31 $121,395.71 MONTHLY $8,322.16 $8,737.46 $9,178.41 $9,638.03 $10,116.31 BI-WEEKLY $3,841.00 $4,032.67 $4,236.19 $4,448.32 $4,669.07 HOURLY RATE $48.0125 $50.4084 $52.9524 $55.6040 $58.3634 5601 STREET, SEWER DOWNTOWN LEAD ANNUAL $79,652.07 $83,683.66 $87,855.16 $92,362.67 $97,010.31 MONTHLY $6,637.67 $6,973.64 $7,321.26 $7,696.89 $8,084.19 BI-WEEKLY $3,063.54 $3,218.60 $3,379.04 $3,552.41 $3,731.17 HOURLY RATE $38.2943 $40.2325 $42.2380 $44.4051 $46.6396 5604 STREET, SEWER, DOWNTOWN MW II ANNUAL $68,089.10 $71,896.72 $75,256.38 $78,868.14 $82,759.62 MONTHLY $5,674.09 $5,991.39 $6,271.37 $6,572.35 $6,896.64 BI-WEEKLY $2,618.81 $2,765.26 $2,894.48 $3,033.39 $3,183.06 HOURLY RATE $32.7351 $34.5658 $36.1810 $37.9174 $39.7883 B607 STREETS STORM SEWER DIV MGR ANNUAL $116,265.75 $122,092.69 $128,199.39 $134,619.72 $141,319.67 MONTHLY $9,688.81 $10,174.39 $10,683.28 $11,218.31 $11,776.64 BI-WEEKLY $4,471.76 $4,695.87 $4,930.75 $5,177.68 $5,435.37 HOURLY RATE $55.8970 $58.6984 $61.6344 $64.7210 $67.9421 A115 SUSTAINABILITY PROGRAM MGR ANNUAL $106,103.87 $111,422.66 $116,978.43 $122,839.04 $128,971.32 MONTHLY $8,841.99 $9,285.22 $9,748.20 $10,236.59 $10,747.61 BI-WEEKLY $4,080.92 $4,285.49 $4,499.17 $4,724.58 $4,960.44 HOURLY RATE $51.0115 $53.5686 $56.2396 $59.0573 $62.0055 5602 TRAFFIC SIGN PAINT LEAD ANNUAL $79,652.07 $83,683.66 $87,855.16 $92,362.67 $97,010.31 MONTHLY $6,637.67 $6,973.64 $7,321.26 $7,696.89 $8,084.19 BI-WEEKLY $3,063.54 $3,218.60 $3,379.04 $3,552.41 $3,731.17 HOURLY RATE $38.2943 $40.2325 $42.2380 $44.4051 $46.6396 A601 TRAFFIC -CIVIL ENGINEER ANNUAL $105,963.74 $110,999.98 $116,817.65 $122,722.22 $128,916.30 MONTHLY $8,830.31 $9,250.00 $9,734.80 $10,226.85 $10,743.03 BI-WEEKLY $4,075.53 $4,269.23 $4,492.99 $4,720.09 $4,958.32 HOURLY RATE $50.9441 $53.3654 $56.1624 $59.0011 $61.9790 A600 TRANSPORTATION ENGINEER ANNUAL $122,172.39 $128,337.38 $134,762.93 $141,449.04 $148,627.05 MONTHLY $10,181.03 $10,694.78 $11,230.24 $11,787.42 $12,385.59 BI-WEEKLY $4,698.94 $4,936.05 $5,183.19 $5,440.35 $5,716.43 HOURLY RATE $58.7368 $61.7006 $64.7899 $68.0044 $71.4554 CLASS A612 JOB DESCRIPTION TRANSPORTATION PROGRAM MANAGER PA ANNUAL $123,793.16 $130,045.04 $136,441.64 $143,330.37 $150,479.54 MONTHLY $10,316.10 $10,837.09 $11,370.14 $11,944.20 $12,539.96 131-WEEKLY $4,761.28 $5,001.73 $5,247.76 $5,512.71 $5,787.67 HOURLY RATE $59.5160 $62.5216 $65.5970 $68.9089 $72.3459 S405 TREE LEADWORKER ANNUAL $79,652.07 $83,683.66 $87,855.16 $92,362.67 $97,010.31 MONTHLY $6,637.67 $6,973.64 $7,321.26 $7,696.89 $8,084.19 131-WEEKLY $3,063.54 $3,218.60 $3,379.04 $3,552.41 $3,731.17 HOURLY RATE $38.2943 $40.2325 $42.2380 $44.4051 $46.6396 S409 TREE MAINTENANCE WORKER ANNUAL $69,797.07 $73,772.56 $77,132.22 $80,855.81 $84,831.47 MONTHLY $5,816.42 $6,147.71 $6,427.69 $6,737.98 $7,069.29 131-WEEKLY $2,684.50 $2,837.41 $2,966.62 $3,109.84 $3,262.75 HOURLY RATE $33.5563 $35.4676 $37.0828 $38.8730 $40.7844 S411 TREE WORKER ANNUAL $72,036.84 $75,424.42 $79,232.04 $83,123.72 $87,323.19 MONTHLY $6,003.07 $6,285.37 $6,602.67 $6,926.98 $7,276.93 131-WEEKLY $2,770.65 $2,900.94 $3,047.39 $3,197.07 $3,358.58 HOURLY RATE $34.6331 $36.2618 $38.0924 $39.9634 $41.9823 S400 UTILITIES INSPECTOR/LOCATOR ANNUAL $79,652.07 $83,683.66 $87,855.16 $92,362.67 $97,010.31 MONTHLY $6,637.67 $6,973.64 $7,321.26 $7,696.89 $8,084.19 131-WEEKLY $3,063.54 $3,218.60 $3,379.04 $3,552.41 $3,731.17 HOURLY RATE $38.2943 $40.2325 $42.2380 $44.4051 $46.6396 B500 WATER DIVISION MANAGER ANNUAL $116,265.75 $122,092.69 $128,199.39 $134,619.72 $141,319.67 MONTHLY $9,688.81 $10,174.39 $10,683.28 $11,218.31 $11,776.64 131-WEEKLY $4,471.76 $4,695.87 $4,930.75 $5,177.68 $5,435.37 HOURLY RATE $55.8970 $58.6984 $61.6344 $64.7210 $67.9421 S501 WATER MAINTENANCE LEAD ANNUAL $79,652.07 $83,683.66 $87,855.16 $92,362.67 $97,010.31 MONTHLY $6,637.67 $6,973.64 $7,321.26 $7,696.89 $8,084.19 131-WEEKLY $3,063.54 $3,218.60 $3,379.04 $3,552.41 $3,731.17 HOURLY RATE $38.2943 $40.2325 $42.2380 $44.4051 $46.6396 S503 WATER MAINTENANCE WORKER II ANNUAL $68,089.10 $71,896.72 $75,256.38 $78,868.14 $82,759.62 MONTHLY $5,674.09 $5,991.39 $6,271.37 $6,572.35 $6,896.64 131-WEEKLY $2,618.81 $2,765.26 $2,894.48 $3,033.39 $3,183.06 HOURLY RATE $32.7351 $34.5658 $36.1810 $37.9174 $39.7883 S502 WATER METER REPAIRER ANNUAL $68,761.04 $72,064.76 $75,508.49 $79,287.97 $83,235.70 MONTHLY $5,730.09 $6,005.40 $6,292.37 $6,607.33 $6,936.31 131-WEEKLY $2,644.66 $2,771.72 $2,904.17 $3,049.54 $3,201.37 HOURLY RATE $33.0583 $34.6465 $36.3021 $38.1193 $40.0171 B501 WATER OPERATIONS SUPERVISOR ANNUAL $99,865.92 $104,849.51 $110,140.91 $115,656.31 $121,395.71 MONTHLY $8,322.16 $8,737.46 $9,178.41 $9,638.03 $10,116.31 131-WEEKLY $3,841.00 $4,032.67 $4,236.19 $4,448.32 $4,669.07 HOURLY RATE $48.0125 $50.4084 $52.9524 $55.6040 $58.3634 S508 WATER QUALITY AND METER LEAD ANNUAL $79,652.07 $83,683.66 $87,855.16 $92,362.67 $97,010.31 MONTHLY $6,637.67 $6,973.64 $7,321.26 $7,696.89 $8,084.19 131-WEEKLY $3,063.54 $3,218.60 $3,379.04 $3,552.41 $3,731.17 HOURLY RATE $38.2943 $40.2325 $42.2380 $44.4051 $46.6396 S507 WATER QUALITY AND METER TECH ANNUAL $71,896.72 $75,480.36 $79,260.00 $83,235.70 $87,379.28 MONTHLY $5,991.39 $6,290.03 $6,605.00 $6,936.31 $7,281.61 131-WEEKLY $2,765.26 $2,903.09 $3,048.46 $3,201.37 $3,360.74 HOURLY RATE $34.5658 $36.2886 $38.1058 $40.0171 $42.0093 B503 WATER QUALITY SUPERVISOR ANNUAL $99,865.92 $104,849.51 $110,140.91 $115,656.31 $121,395.71 MONTHLY $8,322.16 $8,737.46 $9,178.41 $9,638.03 $10,116.31 131-WEEKLY $3,841.00 $4,032.67 $4,236.19 $4,448.32 $4,669.07 HOURLY RATE $48.0125 $50.4084 $52.9524 $55.6040 $58.3634 S505 B DESCRIPTION WATER SERVICE OPSTECH ANNUAL $79,652.07 $83,683.66 $87,855.16 $92,362.67 $97,010.31 MONTHLY $6,637.67 $6,973.64 $7,321.26 $7,696.89 $8,084.19 131-WEEKLY $3,063.54 $3,218.60 $3,379.04 $3,552.41 $3,731.17 HOURLY RATE $38.2943 $40.2325 $42.2380 $44.4051 $46.6396 A110 ZONING TECHNICIAN ANNUAL $82,142.86 $86,108.17 $90,362.98 $94,965.01 $99,596.12 MONTHLY $6,845.24 $7,175.68 $7,530.25 $7,913.75 $8,299.68 131-WEEKLY $3,159.34 $3,311.85 $3,475.50 $3,652.50 $3,830.62 HOURLY RATE $39.4918 $41.3981 $43.4438 $45.6563 $47.8828 Amended 7110117 FY2017-18 budget classification and compensation revisions Amended 8121117 classification and compensation revisions Amended 9118117 classification and compensation revisions Amended 12125117 3% salary increase Department Head and Unrepresented Unit, Teamsters, AFSCME BAMM, Amended 612512018 3% salary increase for AFSCME Admin and Maint bargaining unit, per applicable MOUs Amended 9117118 classification and compensation revisions Amended 12124118 3% salary increase Department Head and Unrepresented Unit, AFSCME BAMM, Amended 1121119 4.5% salary increase Teamsters Unit, effective 1212412018 Amended 3113119 classification and compensation revisions Amended 6117119 adding Environmental Regulatory Compliance Manager Amended 6117119 4.5% salary increase AFSCME Admin Unit, effective 6124119 per applicable MOU Amended 8119119 4.5% salary increase AFSCME Maintenance Unit, effective 8119119 per applicable MOU Amended 12123119 3% salary increase Department Head and Unrepresented Unit Amended 11612020 3% salary increase City Manager, effective 12123119 Amended 211812020 to include new classifications Amended 612212020 2.5% salary increase for AFSCME Admin and Maint bargaining unit per applicable MOUs Amended 12122120 3% salary increase Department Head and Unrepresented Unit Amended 4/5/21 classification and compensation revisions Amended 612112021 2% salary increase for AFSCME Admin and Maint bargaining unit, per applicable MOUs Amended 8116121 classification and compensation revisions Amended 121201212% salary increase for POA, APA, PSA, Teamsters, DH/Unrep, per applicable MOUs Amended 11312022 2% salary increase City Manager, effective 12120121 Amended 311612022 classification and compensation revisions Amended 511112022 classification and compensation revisions Amended 612012022 classification revisions; 2% salary increase for AFSCME Admin and Maint bargaining unit, per applicable MOUs Amended 1/17123, 2% salary increase for AFSCME Admin and Maint units, APA, DH/Unrep, per applicable MOUs, effective 12119122 Amended 1/17123 2% salary increase City Manager, effective 12119122 Amended 212112022 2% salary increase and 3% equity increase for POA and PSA per applicable MOUs Amended 31712023 4% salary increase for Teamsters per applicabled MOU BUR— IN�AAGENDA NO: 8m STAFF REPORT MEETING DATE: March 6, 2023 To: Honorable Mayor and City Council Date: March 6, 2023 From: Kevin Gardiner, Community Development Director — (650) 558-7253 Subject: Authorize the Mayor to Sign a Letter to State Legislators in Support of AB 1505 to Fund the New $250 Million Seismic Retrofitting Program for Soft Story Multifamily Housing in the FY 2023-24 State Budget RECOMMENDATION Staff recommends that the City Council authorize the Mayor to sign a letter to State Legislators in support of Assembly Bill (AB) 1505 to fund the new $250 million Seismic Retrofitting Program for Soft Story Multifamily Housing in the FY 2023-24 State budget. BACKGROUND Senate Bill (SB) 189, which was passed in 2022, established the Seismic Retrofitting Program for Soft Story Multifamily Housing to provide financial assistance to owners of soft story multifamily housing for seismic retrofitting. The intention is to protect individuals living in multifamily housing buildings that have been determined to be at risk of collapse in earthquakes. The bill also established the Seismic Retrofitting Program for Soft Story Multifamily Housing Fund, and its subsidiary account, the Seismic Retrofitting Account, within the State Treasury. The bill provided that the Legislature appropriate $250,000,000 from the General Fund in the 2023-24 Budget Act to the Seismic Retrofitting Program for Soft Story Multifamily Housing Fund for the purposes of carrying out the program. However, the funding it promised for soft story retrofit is now at risk, having been excluded from the January draft State budget. DISCUSSION The San Francisco Bay Area Planning and Urban Research Association (SPUR), Structural Engineers Association of Northern California (SEAONC), and the Earthquake Engineering Research Institute (EERI) have jointly drafted a letter to Legislators in support of AB 1505, which would reinstate some of the program funds in the 2023-24 State budget (letter attached). The authors of the letter are asking elected officials to sign the letter to express support for the legislation. If the City Council wishes to lend its support to this cause, then the Council could authorize the Mayor, by motion, to sign the SPUR/SEAONC/EERI letter to express support for AB 1505. 1 Support for Funding for Multifamily Housing Soft Story Retrofits March 6, 2023 Soft Story Residential Buildings in Burlingame A "soft story building" is considered a structure with wood -framed construction built with two or more stories situated over an open parking, storage, or commercial level. The open level typically has disproportionately large openings (such as carports or garage doors) compared to the upper levels, and the upper levels are often supported only by slender columns. These characteristics make the building "top heavy" so that there is a variation in lateral stiffness, making the building vulnerable to damage from the lateral motion of an earthquake. Based on a preliminary assessment, there are potentially up to 140 multiunit residential and 15 commercial structures in Burlingame that could be considered at risk for potential soft story failure. In January 2021, the City Council provided direction to form an ad hoc committee to study the possibility of a soft story retrofit program for Burlingame. The Soft Story Ad Hoc Committee is an implementation of General Plan Goal CS-7, which calls for protecting people and buildings in Burlingame by reducing the risks associated with geologic and seismic hazards. The ad hoc committee met three times in 2021. Slides and agendas from the meetings are posted on the Building Division's soft story retrofit web page at www.burlingame.org/softstory. Work was suspended in 2022 while staff focused on completing the Housing Element. With the Draft Housing Element now submitted to the State of California Department of Housing and Community Development (HCD), staff is now preparing to reconvene the soft story ad hoc committee to continue its work. Meanwhile, a team of four Stanford University Public Policy seniors are conducting a policy analysis of the most effective ordinances to incent building owners to retrofit soft story buildings. The students will be preparing a policy memo for Thrive Alliance. As part of their research, students met with City staff to understand what analysis has been done, where a possible soft story retrofit ordinance might fall relative to other priorities, and how seismic retrofits might fit in with the General Plan Safety Element. The report will be presented to Thrive Alliance, and will also be shared with the Burlingame Soft Story Ad Hoc Committee. FISCAL IMPACT None. Exhibit: • AB 1505 Support Letter 2 Sign -on: Bay Area Representatives in support of Protecting the $250 million budget appropriation for the Seismic Retrofitting Program for Soft Story Multifamily Housing Dear [Philip Ting, Anthony Rendon, Nancy Skinner, Toni Atkins, Mia Bonta...]: Thank you for your leadership in managing the State's budget deficit. We understand that with this deficit, there is a need to pull back on funding allocations for the 2023-2024 fiscal year. We write now to urge you to protect the $250 million investment in the 2023-24 budget to fund the new Seismic Retrofitting Program for Soft Story Multifamily Housing (Government Code Article 5.10) by adopting AB 1505, introduced by Assemblymember Freddie Rodriguez in February. On February 6th in Turkey, two major earthquakes left over 40,000 people dead and collapsed or damaged more than 25,000 buildings. The aftermath of this tragedy is likely to reveal that many of the collapsed buildings suffered from the same vulnerabilities as certain older building types in California —soft -story condition, unreinforced concrete, etc. Across the state, these at -risk buildings contribute greatly to affordable housing supply. The Seismic Retrofitting Program for Soft Story Multifamily Housing is a cost effective housing preservation measure, and $250 million is far cheaper than what it would cost to rebuild these housing units after a quake. This program is invaluable to the advancement of earthquake resilience efforts across the state and, for that reason, we are here to express our willingness to work with you in this endeavor. "Soft story" residential buildings are among the most common and most collapse -prone structures in communities throughout California. Some cities, including Los Angeles and San Francisco, have the resources and staff expertise to develop and implement their own retrofit programs. But most municipalities do not, and this new program could make the difference in their ability to survive, respond, and recover from earthquakes. The new program offers benefits well in excess of its $250 million, 10-year budget: • The appropriation required by Government Code Section 8590.16(c) covers ten years of work. Undoing the appropriation to help solve a one-time deficit will have implications for years to come. • By starting now, the new program can leverage the recent work done in San Francisco, Los Angeles, and other leading cities. Thanks to those programs, our engineering and contracting communities are well trained and ready to meet increased demand. This advantage goes away, however, if the Legislature sweeps the budget or delays the program. • The program is dedicated to affordable housing in high seismicity, socially vulnerable communities. This is not a luxury program. • In addition to subsidizing retrofits, the appropriation sets aside 10 percent to help local building departments plan and implement the work. This is the state smartly investing in and coordinating with local jurisdictions. • Meanwhile, some small and mid -size cities across the state are cautiously developing soft story ordinances, but many of them are counting on the new state program to make their efforts viable. Cutting the state program will bring many of these local efforts to a halt. We appreciate very much your leadership and focus on this important issue and we and our coalition partners across the state stand ready and willing to work with you to protect and preserve this important program in the budget. Sincerely, PM [Signatures Here] https://docs.google.com/forms/d/e/1 FAIpQLSdgb2NNDsEMf03j8WRrxCoyAICC3-HXfzYUZ5vlQx4fr2LSsQ/viewform BURL`E AGENDA ITEM NO: 9a STAFF REPORT MEETING DATE: March 6, 2023 To Honorable Mayor and City Council Date: March 6, 2023 From: Kevin Gardiner, Community Development Director Joseph Sanfilippo, Economic Development and Housing Specialist Subject: Housing Element Annual Progress Report (APR) RECOMMENDATION Staff recommends that the City Council accept, by motion, the 2022 Housing Element Annual Progress Report and authorize its transmittal to the California Governor's Office of Planning and Research (OPR) and the California Department of Housing and Community Development (HCD). BACKGROUND California requires each jurisdiction to prepare a Housing Element as part of its General Plan in order to ensure that all jurisdictions are planning for the projected housing demand throughout California. Unlike other elements of a General Plan, the Housing Element must be updated by deadlines set by the State. The process begins with the State advising a region of its Regional Housing Needs Allocation (RHNA), which is the estimated number of housing units that will be needed over the planning period (usually eight years). This allocation is further subdivided among four household income categories: very -low, low, moderate, and above moderate. Affordable housing income limits are determined by the HCD and are adjusted for county median income and family size, as detailed in Table 1 below (effective April 18, 2022). TABLE 1: 2022 SAN MATEO COUNTY INCOME LIMITS (BASED ON FEDERAL INCOME LIMITS FOR SMC) Income Limits by Family Size ($) Income Category 1 2 3 4 5 6 7 8 Extremely Low (30% AMI) * $ 39,150 $ 44,750 $ 50,350 $ 55,900 $ 60,400 $ 64,850 $ 69,350 $ 73,800 Very Low (50%AMI) $ 65,250 $ 74,600 $ 83,900 $ 93,200 $100,700 $108,150 $ 115,600 $ 123,050 Low (80%AMI) * $104,400 $119,300 $134,200 $ 149,100 $161,050 $173,000 $ 184,900 $ 196,850 Median (100%AM1) $116,200 $132,800 $149,400 $ 166,000 $179,300 $192,550 $ 205,850 $ 219,100 Moderate (120%AMI) $139,450 $159,350 $179,300 $ 199,200 $215,150 $231,050 $ 247,000 $ 262,950 Effective 4/18/2022 - Area median Income $166,000 (based on household of 4) The Association of Bay Area Governments (ABAG) is responsible for the public process by which this regional allocation is apportioned to each jurisdiction within its boundaries. In addition to demonstrating how the allocated number of units can be produced, policies in a Housing Element must also: Housing Element Annual Progress Report March 6, 2023 1. Address the removal of governmental barriers to housing production; 2. Ensure the jurisdiction's housing stock is maintained; and 3. Ensure that housing is available to all types of persons on an equitable basis. Currently, the Housing Element is updated every eight years. The fifth cycle in which housing elements have been updated is referred to as "RHNA 5." DISCUSSION The City of Burlingame's RHNA 5 Housing Element update was adopted in January 2015. 2022 was the last year of the 2015-2023 planning period. Burlingame's RHNA allocation for this cycle was 863 new units. Annual Report California Government Code Section 65400 requires that an Annual Progress Report ("APR") be prepared on the status and progress of implementation of the Housing Element and submitted to the City Council, the State Office of Planning and Research (OPR), and the California Department of Housing and Community Development (HCD) by April 1 st of each year. There is no similar requirement for the other Elements of the General Plan. Additionally, the APR must be prepared in accordance with the provisions set forth by HCD and on the forms provided by HCD (attached). The APR includes reporting of the number of building permits issued for net new housing units during a calendar year.' In addition, the reporting includes housing development applications submitted, units approved by Planning (entitled), and units completed. The APR requires the reporting for the numbers for net new units to include the site addresses, project names, and assessor parcel numbers (APN). The Housing Element APR includes information about housing production since the start of the planning period in 2015, including: • Information on the types of housing units that were issued building permits; • Information on the City's progress in meeting its regional housing needs allocation; and • Progress report on implementation of Housing Element programs. Tables A and A2 provide a summary of all planning and building permit activity on net new housing. In summary, 779 units were entitled (planning approvals); building permits were issued for 351 net new units; and 160 units were completed in (calendar year) 2022. While the APR tracks submittals, planning approvals, building permits issued, and units completed, the fulfillment of the RHNA allocation is based only on building permit issuance. The added 351 units from building permits issued in 2022 brings the total count to 1,573 units for this cycle of the RHNA allocation. The RHNA allocation for Burlingame for the RHNA 5 cycle was 863 units, so this total exceeds the allocation by 710 units (182.3% of the RHNA 5 allocation). ' This does not include projects where an existing single -unit dwelling is replaced with a new single -unit dwelling because there would not be a net increase in units on the property. However, it includes new Accessory Dwelling Units (ADUs) if they represent a net increase in numbers of units on a property. 2 Housing Element Annual Progress Report March 6, 2023 While the 779 units approved in 2022 were entitled during the RHNA 5 cycle, they will be allowed to count towards the upcoming RHNA 6 cycle once building permits are issued. Table B provides a summary of building permit activity sorted by affordability levels. Of the 351 building permits issued in 2022, 43 were for Below Market Rate (BMR) units affordable to Low Income households (50-80% of Area Median Income, or "AMI"). Of the 1,573 building permits issued so far for this cycle of the RHNA allocation, 270 (17%) were for Below Market Rate (BMR) units affordable to Moderate, Low, or Very Low Income households. Accessory Dwelling Units (ADUs) are counted towards RHNA allocations as net new housing units. In recent years, the State Legislature has passed a number of bills intended to encourage the construction of ADUs. In 2022, the City received 60 ADU applications. Building permits were issued for 45 ADUs; this number includes both ADU applications submitted in 2022, as well as in previous years. Burlingame's progress in meeting its RHNA targets for this housing cycle (2015-2023) is summarized as follows: TABLE 2: BUILDING PERMITS ISSUED 2015-2021 RHNA 5 HOUSING ELEMENT CYCLE Income Level RHNA Building Permits Issued % of RHNA Goal Very Low 276 82 29.7% Low 144 116 80.6% Moderate 155 72 46.5% Above Moderate 288 1,303 452.4% Total: 863 1,573 182.3% These reports are informational only and do not change adopted policies or authorize any action or expenditure of funds. These reports are being prepared in compliance with California Government Code Section 65400; once the Council has acknowledged that the Housing Element Annual Progress Reports have been provided for review, staff will forward the reports to HCD and OPR. Housing Element Update Over the past two years, the City prepared the update of the Housing Element for the next housing cycle (RHNA 6), which will cover the 2023 — 2031 timeframe. A Public Review Draft was released on December 28, 2022. Following the public review period, the draft was submitted to the State of California Department of Housing and Community Development (HCD) on February 17, 2023. HCD has up to 90 days to review the draft and provide comments. The draft may be reviewed on the Housing Element web page at www.burlingame.org/housingelement. Housing Fund/Commercial Linkage Fees Affordable housing impact fees are used to support and build new homes for lower -income residents. The fees can be charged to developers of new residential projects and used for land purchase, construction costs, or site rehabilitation related to providing workforce housing. On June 19, 2017, the City Council adopted an ordinance establishing commercial linkage fees for new commercial development in Burlingame, and on April 1, 2019, it adopted residential impact fees for new 3 Housing Element Annual Progress Report March 6, 2023 residential development in Burlingame. Overtime, these fees will provide a dedicated source of funding for programs supporting workforce housing in Burlingame. The City Council Housing Fund Subcommittee has been formed with the intent to direct policies and programs for use of commercial linkage fees and residential impact fees that have been collected from new development projects (the "Housing Fund"). Mayor Brownrigg and Vice Mayor Colson comprise the Subcommittee. Given the large sums and the many possible uses of the funds, a community advisory committee has been formed to discuss the use and prioritization of housing funds. Known as the Housing, Opportunity, Priorities and Education (HOPE) Community Advisory Committee, the committee includes a range of community members who have interest in housing matters. To date the committee has met twice, and two more meetings are planned over the next two months. At the conclusion of its work, the committee will provide recommendations to the City Council on prioritization of the uses of housing funds. Information including slide presentations and informational documents can be found on the HOPE committee web page at www.burlingame.org/hope. The housing fund currently has a balance of approximately $8,700,000. Within the next two years, commercial linkage fees of slightly more than $62M might be collected if all projects currently under review are approved and built. The figure may be higher if projects do not receive the discount for prevailing/area wages, but based on experience with large commercial projects currently under construction, staff anticipates that most if not all new commercial projects will utilize prevailing/area wages. Prohousing Burlingame While the APR provides a comprehensive overview of housing applications, approvals, and construction, a more narrative format can be helpful for conveying Burlingame's record for housing production. Staff has prepared a web page titled "Prohousing Burlingame" that provides a user-friendly overview of housing production in Burlingame: www.burlingame.org/prohousing. A screenshot of the exhibit is attached for reference. The term "prohousing" is intended to align with the State's "Prohousing Designation Program." The Prohousing Designation Program is intended to create incentives for jurisdictions that are compliant with state housing element requirements and that have enacted local policies that promote housing production. The program provides incentives to cities and counties in the form of additional points or other preference in the scoring of competitive housing, community development, and infrastructure programs. Staff has reviewed the Prohousing Designation Program criteria and believes the City of Burlingame may qualify once its 2023-2031 Housing Element is certified and adopted. Staff will bring the matter to the City Council for consideration upon adoption of the Housing Element. FISCAL IMPACT There is no impact to the General Fund from the preparation of the Housing Element Annual Progress Report. IM Housing Element Annual Progress Report March 6, 2023 The Housing Element Update is being funded through a California Department of Housing and Community Development (HCD) Local Early Action Planning (LEAP) grant and through the General Fund. The FY 2020-21 Operating and Capital Budgets included a CIP project for an update to the Housing Element and Housing related activities in the amount of $259,500, of which $150,000 is reimbursable through the LEAP Grant. Funds from commercial linkage and residential impact fees are required to be spent on affordable workforce housing. These funds are maintained in a separate account dedicated to affordable workforce housing and cannot be used for other purposes. Exhibits: • Housing Element Annual Progress Report — Calendar Year 2022 - 2022 Summary Table - Table A: Housing Development Applications Submitted - Table A2: Annual Building Activity Report Summary — New Construction, Entitled, Permits and Completed Units - Table B: Permitted Units Issued by Affordability - Table D: Project Implementation Status pursuant to GC Section 65583 - Local Early Action Planning (LEAP) Reporting Table The following tables were not included because they are optional or not applicable: - Table C: Sites Identified or Rezoned to Accommodate Shortfall Housing Need And No Net - Loss Law (None in 2022 — Not Applicable) - Table E. Commercial Development Bonus Approved pursuant to GC Section 65915.7 (None in 2022 — Not Applicable) - Table F: Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) (Optional Table — Not Included) - Table G: Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of (None in 2022 — Not Applicable) - Table H: Locally Owned Surplus Sites (None in 2022 — Not Applicable) - Table I: Units Constructed Pursuant to Government Code 65852.21 and Applications for Lot Splits Pursuant to Government Code 66411.7 (SB9) (None in 2022 — Not Applicable) - Table J: Student housing development for lower income students for which was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 65915 (None in 2022 — Not Applicable) • Prohousing Burlingame webpage screenshot — www.burlingame.org/prohousing 5 Jurisdiction Burlingame Reporting Year 2022 (Jan. 1 - Dec. 31) Planning Period 5th Cycle 01/31/2015 - 01/31/2023 Building Permits Issued by Affordability Summary Income Level Current Year Very Low Deed Restricted 0 Non -Deed Restricted 0 Low Deed Restricted 43 Non -Deed Restricted 0 Moderate Deed Restricted 0 Non -Deed Restricted 0 Above Moderate 308 Total Units 351 Note: Units serving extremely low-income households are included in the very low-income permitted units totals Units by Structure Type Entitled Permitted Completed SFA 311 0 0 SFD 0 0 0 2to4 0 0 0 5+ 420 306 128 ADU 481 451 32 MH 01 01 0 Total 779 351 160 Housing Applications Summary Total Housing Applications Submitted: 62 Number of Proposed Units in All Applications Received: 190 Total Housing Units Approved: 43 Total Housing Units Disapproved: 0 Use of SB 35 Streamlining Provisions Number of Applications for Streamlining 1 Number of Streamlining Applications Approved 0 Total Developments Approved with Streamlining 0 Total Units Constructed with Streamlining 0 Units Constructed - SIB 35 Streamlining Permits Income Rental Ownership Total Very Low 0 0 0 Low 0 0 0 Moderate 0 0 0 Above Moderate 0 0 0 Total 0 0 0 Cells in grey contain auto -calculation formulas J.daalcllaa RPrlineama ANNUAL ELEMENT PROGRESS REPORT Note:•*•• Indleates a"Ipllonal flld Repotling Year ZOT2 (Jan.1-Oec. 31) Housing Element Implementation can, In a. y—lalna,—I,,Ianoa roaawaa Ple- P—d Sin Cy I, Table A Housing Development Applications Submitted Projea Identifier Unit Types Proposed Units - Affordability by Homehold Incomes 000000® Density Ito Lea, ©©o T AVENUE �AYSWATER, AVENUE �� a ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation Table U lIs ..d:'.d low RX� ..—d —d .... .... _p I N I I N I E N I N I A— N I N I N I 11E N I 1 N I N I I N I N I N I N I —ME I N I —ME I N I I N I I N I I N I A ME I N I I N I ROAD I N I I N I 1 N 1 lIL.I.E DII I I N I I N I N I 1 1 N I I I N I _E I 1 1 N I 1 1 N I 1 1 N I I I N I T A I I I N I y 1 7 1 1 1 N I R- I I I I N I E UMTZ.T... 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Housing Element Implementation Please contact HCD if your data is different than the material supplied here Table B Regional Housing Needs Allocation Progress Permitted Units Issued by Affordability 1 2 3 4 Income Level RHNAAIIocation by Income Level 2015 2016 2022 2023 Total Units to Data (all years) Total Remaining RHNAL y 1—me Very Low Deed Restricted Non -Deed Restricted 276 82 82 194 Low Deed Restricted Non -Deed Restricted 144 - - - - - - 35 38 43 - 116 ze Moderate Deed Restricted Non -Deed Restricted 155 29 28 15 72 83 Above Moderate 288 5 133 13 271 10 142 421 308 1,303 RA Total RHNA 863 Total 51 1331 131 3001 101 2871 4741 1,5731 305 Low -Income Units* Progress toward extreme) low-income housing need, as determined pursuant to Government Code 65583(a)(1). 5 6 7 Extremely low -Income Total Units to Total Units j 2015 2016 2017 2018 2019 2020 2021 138 138 *Extremely low-income houisng need determined pursuant to Government Code 65583(a)(1). Value in Section 5 is default value, assumed to be half of the very low-income RHNA. May be overwritten. Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as very low-income units in section 7 of Table A2. They must also be reported in the extremely low-income category (section 13) in Table A2 to be counted as progress toward meeting the extremely low-income housing need determined pursuant to Government Code 65583(a)(1). Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only include units that were permitted since the start of the planning period. Projection Period units are in a separate column. Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at apr@hcd.ca.gov. ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation Jurisdiction Burlingame Reporting Year 2022 Jan. 1 - Dec. 31 Table D Program Implementation Status pursuant to GC Section 65583 Housing Programs Progress Report Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element. 1 2 3 4 Name of Program Objective Timeframe in H.E Status of Program Implementation Program H(A-1) - Maintenance of Public Continue maintenance Ongoing Maintenance of public facilities projects includes maintenance and Facilities. programs for public improvements to city parks, street maintenance, street cleaning, new In residential neighborhoods continue the facilities. Community Center, etc. maintenance and enhancement of public facilities such as streets, water supply and This is an ongoing program, but it has been removed from the draft RHNA 6 drainage by allocations from the general Housing Element as it does not have a specific goal or timeframe and does not fund, gas tax revenue and, where appropriate, advance meaningful production or preservation of affordable housing. conditions of development. Program H(A-2) - Housing Rehabilitation. Rehabilitate 20 housing Ongoing Code enforcement staff is aware of this program and refers property owners as Through the City's Code Enforcement units. needed. Referrals have included enforcement of non -permitted Accessory Program, continue the program of contacting Dwelling Units (ADUs) thorugh amnesty approval. However the number of units owners of structures that appear to be improved or rehabilitated has not been quantified. overcrowded, declining or in need of repair. Refer property owners to the Rehabilitation Peninusla Clean Energy offers home upgrade programs that can be helpful in Loan Program administered by San Mateo rehabilitation projects. Its low-income home upgrade and County to assist qualified homeowners in electrification program offers up to $8,000 for home repairs, energy efficiency, making necessary repairs to structures in and electrification measures. need of rehabilitation. The City is establishing the Housing Opportunity, Priorities and Education (HOPE) Community Advisory Committee (CAC) in 01 2023 to discuss how to prioritize spending funds accrued from commercial linkage fees. One of these options is rehabilitation funding for property improvements, such as soft -story retrofits and/or energy efficiency upgrades. Peninusla Clean Energy offers home upgrade programs that can be helpful in rehabilitation projects. Its low-income home upgrade and electrification program offers up to $8,000 for home repairs, energy efficiency, and electrification measures. City Council may be considering rehabilitation funding that could be tied to property improvements such as soft -story retrofits and/or energy efficiency Program H(A-3) - Allow fee waivers for Rehabilitate 75 affordable Within 1 year of Building permit fees are reduced for non-profit rehabilitation programs such as affordable rehabilitation. units. adoption of Housing Christmas in April and Rebuilding Together. Fees have also been reduced or Consider amendment to the Master Fee Element waived for city -initiated projects, including an affordable housing development Schedule to allow for waiver of permit fees currently under construction and an additional affordable housing development for rehabilitation of affordable housing under review. In total 192 affordable units have had fee waivers. achieved through San Mateo County programs, through non-profit agencies or The City Council is considering fee waivers for rehabilitation for earthquake through other means, including Federal retrofits and/or energy upgrades, to be considered by the end of 2023. Programs and to provide incentives for property owners to maintain their properties. This program has been combined with the above program, viewable in the draft RHNA 6 Element as program E-1, The City aims to retrofit 10 multifamily buildings each year between 2023-2031. As part of establishing the Housing Opportunity, Priorities and Education (HOPE) Community Advisory Committee (CAC) in Q1 2023, members will be asked to consider establishing a rehabilitation fund using funds accrued from commercial linkage fees in order to assist property owners with retrofits. Program H(A-4) - Discourage condominium No conversion of existing Completed The City continues to preserve rental housing stock with the implementation of conversions. Maintain the existing zoning rental stock to Chapter 26.32 of the subdivision ordinance. No rental apartments were controls which prohibit conversion of condominiums. converted to condominiums during the RHNA 5 timeframe. residential rental projects with fewer than 21 units to condominiums, and which contain This is an ongoing program to preserve affordable rental housing stock and can strict regulations prohibiting conversion of be viewed in the draft RHNA 6 Element as program E-2. less than 21 units to condominiums. Program H(A-5) - Prevent conversion of Retain existing housing Within 1 year of The City is compliant with SB-330, disallowing residential units to be removed residential units to non-residential use. stock. adoption of Housing without replacement. Amend zoning code to require a conditional Element use permit for any project where residential units are proposed to be replaced by non- residential use. Table D Program Implementation Status pursuant to GC Section 65583 Housing Programs Progress Report Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element. 1 2 3 4 Name of Program Objective Timeframe in H.E Status of Program Implementation Program H(A-6) - Ensure affordability of Utilize funds to assist 20 Ongoing No units have been ensured affordability under this program. However the City existing units. Continue the relationship with units to achieve long term is committed to providing funds to local non -profits that provide the services the County of San Mateo Department of affordability. enumerated in program A-6 (Samaritan House, LifeMoves, etc.). Housing for administration of Block Grant funds for housing programs; encourage use A revised goal has been adopted in the draft RHNA 6 Element to utilize funds to of available programs (such as HOME) to assist 40 units achieve long-term affordability. As part of establishing the assist non-profit housing corporations in Housing Opportunity, Priorities and Education (HOPE) Community Advisory acquiring, rehabilitating and managing Committee (CAC) in Q1 2023, members will be asked to consider whether the apartment units for long-term affordability. City should utilize funds accrued from commercial linkage fees to acquire and preserve affordable housing units throughout the City. Program H(A-7) - Determine code compliance, Continue assistance to Ongoing Planning and Building Division staff regularly assists potential buyers and structural deficiencies of existing residences potential home buyers. realtors in locating records to determine the permit history of a property prior to upon sale. Continue program that assists in purchase. research of residential records upon the request of realtors or potential home buyers This is an ongoing program, but it has been removed from the draft RHNA 6 Element as it lacks specific goals or metrics and does not advance meaningful production or preservation of affordable housing. Program H(A-8) - Residential design review. Process 250 applications Ongoing Proposals for new single family dwellings, multifamily dwellings, and some Continue implementation of residential for residential design duplexes are subject to the Design Review process before Planning design review and zoning regulations review. Commission approval. The objective had been reached by the end of 2022. including setbacks, floor area ratio, declining height; continue implementation of single family design review guidelines adopted in 1998. Program H(B-1) - Public awareness of anti- Continue referral activities Ongoing Information is provided and referrals are made to assist the public with issues discrimination laws and policies. through Code regarding fair housing laws. In addition the City, in conjunction with the County Continue to fund the Code Enforcement Enforcement Program. of San Mateo Home for All initiative, held two community engagement activities Officer position and coordination with to publicize housing resources and get public input on housing needs in Community Development Department code Burlingame. Significant outreach efforts have been made for this workshop to enforcement activities; provide information include all sectors of the Burlingame community. Further outreach is being handouts; inform the public and local realtors coordinated with the 21 Elements consortium for countywide housing policy about equal housing laws and recourse community engagement. Furthermore, the city's affordable housing available in case of violations; refer administrator Housekeys hosts workshops for those interested in below -market complaints to California Department of Fair rate units in Burlingame. Employment and Housing; refer complaints regarding discrimination to La Raza Central Legal, a nonprofit community law center which works with local tenants to resolve landlord/tenant issues. Information will be posted and available at public locations, such as City Hall, the library and the recreation center. Program H(B-2) - Implement an outreach Provide information Develop outreach Information regarding housing services available for person with disabilities is program for persons with disabilities. regarding housing to material within 2 provided by the City during Building workshops and by staff on specific Work with agencies such as the Golden Gate families of persons with years of HE projects where this situation applies. The City, in conjunction with the County Regional Center, a state -funded nonprofit developmental disabilities. adoptions of San Mateo Home for All initiative, has held two community engagement organization serving individuals with meetings plus several outreach activities to publicize housing resources and get developmental disabilities in Marin, San public input on housing needs in Burlingame. There has been significant Francisco and San Mateo counties, InnVision outreach to multiple organizations, including organizations representing Shelter Network, CALL Primrose, and Center persons with disabilities. The city maintains referral information on the website. for Independence of Individuals with Disabilities to implement an outreach program that informs families in Burlingame about housing and services available for persons with disabilities. The program could include the development of an informational brochure, providing information on services on the City's website, and providing housing - related training for individuals/families through workshops. Program H(B-3) - Community amenities for Promote attractive rental Ongoing When reviewing multifamily projects, staff and the Planning Commission rentals. Encourage the inclusion of opportunities. request that the developer provide additional amenities for the residents; this is communal amenities in new rental an ongoing request from both the Planning Commission and City Council as developments (i.e. community rooms, play well. Planning staff has seen an increase in submittals that include outdoor structures, laundry facilities) where feasible living rooms with water features, firepits, barbeque areas, bocce ball courts, and provision of which does not impair community rooms and gyms. achievement of maximum densities or the financial feasibility of developing housing affordable to lower -income households. Table D Program Implementation Status pursuant to GC Section 65583 Housing Programs Progress Report Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element. 1 2 3 4 Name of Program Objective Timeframe in H.E Status of Program Implementation Program H(C-1) -Refer eligible employees to Provide information and Ongoing The City has a Housing page to provide referrals and housing applications housing assistance programs. housing assistance with within the County. The City promotes the first-time home buyer workshops Train staff about current opportunities; make eligible employees presented by HEART of San Mateo County and includes information in the City available brochures and contact information newsletter. Staff posts home -sharing flyers offered through HIP Housing in to eligible residents who inquire about breakrooms for employees. availability of programs. Refer eligible residents to CDBG programs administered by This is an ongoing program. The City continues to promote workshops offered the County Office of Housing and Community through HEART, HIP Housing and Housekeys to employees as applicable. Development. Program H(C-2) - Provide incentives for Within 1 year of HE The Density Bonus Ordinance was amended and adopted in January 2015, and developers to include affordable units in new Provide 75 new affordable adoption further updated in 2021, and includes items residential projects. units #14 . Action #5 is addressed through residential impact fees adopted in 2019, 1. Amend the Inclusionary Housing Provide 50 percent of allowing in -lieu fees if affordable units are not provided. The City updated its Ordinance to comply with local and state affordable units at Low- zoning code in the North Burlingame Mixed Use and North Rollins Road Mixed legislative requirements. income levels. Use areas that offer density bonuses and greater height allowance for projects 2. Amend the Inclusionary Housing incorporating affordable units. The Density Bonus Ordinance was revised as Ordinance or adopt a Density Bonus part of the Zoning Ordinance Update adopted in December 2021. Ordinance to accommodate a Low- Income component of required affordable housing. 362 new affordable units have been approved between 2015 and 2022. Of those, 3. Amend the Inclusionary Housing 266 (73%) will be at Low- or Very Low-income levels. Ordinance or adopt a Density Bonus Ordinance to encourage smaller unit sizes This program has been renewed as program C-2 in the draft RHNA 6 Element, (i.e. studio, SROs, one- and two -bedroom with a revised goal of encouraging at least 50 % of affordable units in a project to units). be provided at Low or Very -Low income levels. 4. Amend the Inclusionary Housing Ordinance or adopt a Density Bonus As part of establishing the Housing Opportunity, Priorities and Education Ordinance to extend the affordability time (HOPE) Community Advisory Committee (CAC) in Q1 2023, members will be restrictions on subsidized housing. asked to consider whether the City should utilize funds accrued from 5. Amend the zoning code to provide commercial linkage fees to "buy down" units in new and existing projects to incentives to developers who provide achieve deeper levels of ongoing affordability. additional affordable units and/or serve a broader range of income levels than that required by the Inclusionary Housing Ordinance or state density bonus requirements, such as reduced parking requirements, increased height limits, reduced landscaping requirements, flexible setback requirements and reduced fees. Program H(C-3) - Consider adoption of a Provide 50 new housing Ongoing Commercial (linkage) impact fees were adopted by the City Council on July 3, commercial impact in -lieu fee. units in the vicinity of 2017 as follows: Consider adopting a commercial in -lieu fee public agency workplaces - $7 SF — retail that would require developers of employment- and commercial centers. - $12 SF — hotel generating commercial and industrial - $18 SF — office < 50,000 SF developments to contribute to the supply of - $25 SF — office > 50,000 SF low- and moderate -income housing - Discounts apply for projects utilizing prevailing wages. through the provision of commercial in -lieu fees as prescribed in a nexus impact fee A fesibility study to evaluate updating these fees was completed in 2022. study. The Village at Burlingame project on Lots F and N in downtown contains 132 units. The Housing Opportunity, Priorities and Education (HOPE) Community Advisory Committee (CAC) will be established in Q1 2023 to prioritize how to disburse funds accrued from these commercial linkage fees. Program H(C-5) - Encourage public agency Provide 50 new housing Ongoing The City approved workforce housing on City Parking Lots F & N (downtown) on partnerships to provide housing, reduce units in the vicinity of December 11, 2018 for a total of 132 units. Construction is underway. commute time, and facilitate retention of public agency workplaces Anticipated completion date: 2023. groups like teachers, public employees, and commercial centers. hospital and service sector workers. Contact public agencies to encourage them to include a provision for housing in any facility expansion plans; disseminate information about available CDBG funded programs. Table D Program Implementation Status pursuant to GC Section 65583 Housing Programs Progress Report Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element. 1 2 3 4 Name of Program Objective Timeframe in H.E Status of Program Implementation Program H(D-1) - Increase affordability for Provide 30 affordable units Ongoing This objective of this program was met with the construction of the Village at elderly households. for the elderly. Increase Burlingame, anticipated opening Q1 2023. That project includes 54 affordable a. Continue to implement the second unit number of Section 8 units senior units. amnesty program to allow creation of for elderly by accessible secondary units for the elderly; 5 units. The City is currently coordinating with the Peninsula Health Care District on b. Continue to allow upon request curbside Continue public education planning for the Peninsula Wellness Community Master Plan which will include disabled accessible parking spaces in single efforts. a variety of senior housing options, including hospice care, assisted and family neighborhoods. c. Coordinate with San independent living facilities. Mateo County Housing Authority to increase the number of Section 8 The City revised the accessory dwelling unit (ADU) regulations in 2020 to units for comply with State requirements intended to facilitate the construction of Burlingame's elderly population. affordable accessory dwelling units, including units suitable for the elderly. City d. Continue updating and distributing widely staff has created a user friendly ADU handout to help residents understand the to local residents the Senior Resources regulations to further streamline the ADU standards, in compliance with newly Handbook: An Informational Guide for updated State requirements. The City issued entitlements or building permits for Burlingame Senior Citizens, Their Families 75 ADUs in 2021. and Caregivers. e. Continue to provide incentives for new The City contributes funding to HIP Housing to support homesharing for senior housing by maintaining the code seniors. provision that allows reduced parking requirements for assisted living projects and Code Section 25.33.010 (a)(1) of the zoning code complies with Government other group residential facilities for the Code Sections 65915 through 65918 for the purposes of granting residential elderly. density bonuses and the submission, review, and granting of incentives and f. Continue City financial support to non- concessions consistent with State law. profit agencies which administer housing programs for seniors (home sharing, reverse mortgage). Planning staff to work with these agencies to facilitate implementation of their programs in Burlingame. g. Encourage non-profit housing groups to Program H(D-2) - Improve livability of housing Facilitate use of County Planning and Building Division staff is versed in the reasonable units for disabled population. assistance and staff work Ongoing accommodations ordinance (Code Section 25.76) and works with applicants to a. Implement the adopted Reasonable with residents to modify 10 utilize this section of the code. In addition, Public Works staff assists residents Accommodations Ordinance, which provides existing housing units to requesting disabled curb parking in residential areas as necessary. However the individuals with disabilities reasonable accommodate disabled. number of units modified to accommodate disabilities has not been quantified, accommodation in rules, policies, practices as such modifications are typically included with more encompassing building and procedures that may be necessary to permits. ensure equal access to housing by providing a process for individuals with disabilities to make requests for reasonable accommodation in regard to relief from the various land use, zoning, or building laws, rules, policies, practices and/or procedures of the City. This policy offers a process to modify certain development standards, such as lot coverage and setback requirements for ramps and landings added to residences and group homes in order to provide access for the disabled. b. Continue to allow supportive and transitional housing in residential districts subject to the same restrictions that apply to other residential districts in the same zone. c. Help facilitate the acquisition of single- family homes to be converted into assisted living facilities for the developmentally Program H(D-3) - Add affordable housing Increase by 5 the number of Ongoing The specific objectives of this program were not met, as the City does not have units for single -parent households. Section 8 units for single any Section 8 units. Continue to assign staff to carry out the parent households. following actions: Train staff and refer single Staff is aware of HIP Housing programs and refers interested parties to HIP. In a. Work with the County Housing Authority to parent households to addition, the City's newsletter also provides information on HIP's home share increase the number of Section 8 certificates shared housing program, program, and information is listed on a web page dedicated to housing for single -parent families. IHN or other local providers resources on the City's website as well as to City employees with b. Work with the Human Investment Project advertisements in the break room. for Housing (HIP), a non-profit housing corporation which administers a home - sharing program which is available for Burlingame residents. Develop literature regarding availability of housing programs; distribute to Burlingame residents. Continue City funding assistance. Table D Program Implementation Status pursuant to GC Section 65583 Housing Programs Progress Report Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element. 1 2 3 4 Name of Program Objective Timeframe in H.E Status of Program Implementation Program H(D-4) - Provide affordable studio or Provide affordable Completed The City revised the accessory dwelling unit (ADU) regulations in 2020 to one- bedroom units for single occupants. efficiency housing units on comply with State requirements which are intended to facilitate the construction a. Amend the zoning code to create zoning appropriate opportunity of affordable accessory dwelling units including units suitable for the elderly. incentives that encourage the development of sites. As part of the ADU code changes for compliance with newly updated State smaller, more affordable housing units for Rezone properties with requirements, City staff also recommended code changes to the Planning seniors and other single occupants, such as residential overlay Amend Commission beyond those required by State Law which would relax regulations reduced parking requirements for units less code to provide incentives to make it easier to create ADUs, such as removing prohibitions on basement than 900 square feet and other flexible for smaller units. units and external basement entries. development standards. b. Continue to allow secondary units per the Government Code. Continue to implement the Secondary Dwelling Unit Ordinance (adopted in 2011), which allows new secondary dwelling units subject to certain standards, including minimum lot size, maximum unit size and one of the units to be owner occupied. Continue to allow waiver of on -site parking for accessory dwelling units that are rented out to those with moderate incomes or below. Program H(D-5) - Provide local share of Continue financial support Ongoing Each year the City Council evaluates Community Group Funding at the first support for county -wide homeless programs of County -wide programs. Council meeting in June. The list of recipients includes HIP Housing, Inn Vision a. Continue financial contributions to Staff to continue to facilitate Shelter Network and Samaritan House, CALL Primrose Center and HIP Housing. agencies which provide service to the process necessary to In addition, the Council budget includes funding sufficient for membership in homeless population in San Mateo County; provide such services in the HEART and a County Homeless Outreach Team contribution. continue to allow group facilities for the city. homeless in conjunction with church facilities as a conditional use; continue to support financially and work with local and non-profit providers in San Mateo b. Maintain the zoning code provisions that allow emergency shelters by right in the northern part of the RR (Rollins Road) zoning district. c. Implement the zoning code provisions that allow transitional and supportive housing by right in all zone districts which allow residential uses only subject to those restrictions that apply to other residential uses of the same type in the same zone. Program H(E-1) - Energy conservation for Add energy conservation Ongoing Title 24 energy conservation requirements are applied to all plan checks for new major residential construction features to 250 residences. residential construction. In all plan checking for new residential construction and major additions, apply Title In 2020 the City adopted a building Reach Code that requires energy efficient 24 energy conservation requirements; where electric construction for new residential and commercial development. In 2022 a possible in planning developments, require revised Reach Code will require all -electric construction for single family homes structural and landscaping design to make in addition to multifamily homes. 1,510 new units approved since adoption of use of natural heating and cooling. the Reach Code will be subject to its requirements. Program H(E-2) - Community awareness of Provide energy Ongoing There are brochures available at City Hall and on-line information provided conservation benefits conservation information to regarding energy conservation for both residents and businesses. In addition, Distribute brochure on available energy public. the Sustainability Coordinator provides tips and offers other resources for conservation programs and measures at the energy conservation on the City's weekly newsletter. Planning counter to all residents planning to expand or build new residences. Program H(E-3) - Sustainable Development Utilize CalGreen standards. Continuous The City currently complies with the CalGreen standards and employs a full-time Stringent California Green Building Standards Green Building Specialist to ensure compliance of all projects with the CalGreen (CalGreen) have been adopted. At the standards. The City adopted all -electric Reach Codes in 2020 and 2022 so that minimum, new construction will follow the new development can be powered by renewable, Greenhouse Gas -reducing requirements set by the mandatory portion of sources. the CalGreen Code. Program H(F-1) - Encourage development of Promote development on Within 1 year of HE City staff supports applications involving the consolidation of parcels for housing on selected sites to serve all income smaller opportunity sites by adoption development projects to resolve technical matters such as multiple zoning levels promoting lot consolidation designations, and generally identifying opportunities to simplify and streamline Amend the zoning code to create zoning for creation of affordable the application process. The Zoning Code currently provides lower parking incentives that encourage the consolidation housing requirements for smaller units, and allows further reductions within the of smaller lots identified as Housing Downtown Specific Plan area. Inventory Sites, such as development review streamlining, reduction in required parking 13 of the 24 total housing projects approved in the RHNA 5 cycle involved parcel for smaller units, setback modifications, or consolidation. increases in building height. The City adopted residential impact fees adopted in 2019, allowing in -lieu fees if affordable units are not provided. The City updated its zoning code in the North Burlingame Mixed Use and North Rollins Road Mixed Use areas that offer density bonuses and greater height allowance for projects incorporating affordable units. The City adopted a new zoning code in December 2021 which allowed for fewer parking spaces in a development. Table D Program Implementation Status pursuant to GC Section 65583 Housing Programs Progress Report Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element. 1 2 3 4 Name of Program Objective Timeframe in H.E Status of Program Implementation Program H(F-2) - Promote development of Provide assistance and Ongoing The City's opportunity sites as designated in the Housing Element are provided potential housing sites incentives to encourage to developers that express interest in developing in Burlingame. Maintain and update the area -by -area land development of the use surveys, note changes in vacant and opportunity sites identified underutilized sites; share information with in the Housing Element potential residential developers. Program H(F-3) - Create Priority Development Provide flexibility and Within 1 year of HE The Downtown Specific Plan, which is within the boundaries of the PDA, Area incentives in the application adoption provides incentives such as higher residential densities, development standard (PDA) Housing Overlay Zone. of development standards incentives, reduced parking requirements, increased building heights, and Amend the zoning code to create a "Priority within the Priority provisions to provide compatibility with adjacent lower -scale neighborhoods. Development Area Housing Overlay Zone" to Development Area. Provide establish standards and incentives for flexibility and incentives in The General Plan Update identified additional areas are suitable for high density housing in the portions of the community the application of residential and/or mixed use development that are adjacent to transit corridors zoned for high density residential and/or development standards and transit centers, and implementing zoning was adopted in 2021. In addition, a mixed use development that are adjacent to within the Priority former industrial area at the north end of town has been rezoned to allow transit corridors and transit centers. Specific Development Area. residential uses given the close projecting to the Millbrae Multi -Model Station. standards to be considered are densities, development standard incentives, reduced The City adopted residential impact fees in 2019, allowing in -lieu fees if parking requirements, building heights and affordable units are not provided. compatibility with adjacent lower -scale neighborhoods. The Priority Development The City updated its zoning code in the North Burlingame Mixed Use and North Area covers the North Burlingame area, the El Rollins Road Mixed Use (RRMU) areas that offer density bonuses and greater Camino Real and California Drive corridors height allowance for projects incorporating affordable units. The City expanded and the Downtown Specific Plan area. the PDA to include the RRMU district. The City has been preparing a specific plan for the RRMU area; the draft plan is underway with anticipated adoption in early 2023. A specific plan for the Broadway commercial area and surrounding residential neighborhoods will be initiated in 2023. These areas are within the PDA. The residential impact fees are anticipated to be updated by the end of 2023. Program H(F-4) - Identify sites for affordable, Encourage development of Completed 450 units have been approved (entitled) within the Downtown Specific Plan area mixed use residential, live -work and small 150 units on selected during this cycle. All of the projects have utilized reduced parking requirements one -bedroom or studio apartments. Housing Opportunity Sites available to projects within the Downtown Specific Plan area, and/or the use of a. Encourage development of sites in C-R within the Downtown mechanical parking lifts. zone and where there is commercial zoning Specific Plan area. with a residential overlay or residential mixed use zoning; b. Promote development within the new mixed use zoning districts within the Downtown Specific Plan area, which allow for mixed uses and high density residential uses, and includes incentives to keep units affordable such as reduced parking requirements, increased heights and modified setbacks. Program H(F-5) - Second -unit Amnesty Process 125 applications Ongoing The City revised the accessory dwelling unit (ADU) regulations in 2020 to Continue the second unit amnesty program for second unit amnesty; comply with State requirements intended to facilitate the construction of and provide second unit applicants with Provide opportunities for affordable accessory dwelling units, including units suitable for the elderly. As information on participation in the San Mateo rehabilitation of these units part of the ADU code changes for compliance with newly updated State County Rental Rehabilitation program which requirements, City staff also recommended code changes to the Planning provides rehabilitation loans for units which Commission beyond those required by State Law which would relax regulations are available to tenants with low or very low to make it easier to create ADUs; these recommendations were approved and incomes; consider expansion of the program are now part of the zoning ordinance. by changing the eligibility date to qualify for second -unit amnesty. Program H(F-6) - To expand the stock of Encourage development of Ongoing In 2018, the City approved the redevelopment of City -owned parking lots for an affordable housing affordable units on affordable housing development to build 132 workforce and senior housing Contact known non-profit housing opportunity sites. Issue RFP units on City Parking Lots F & N in Downtown Burlingame's downtown, which is corporations and religious institutions to for redevelopment of within walking distance to the Burlingame Train Station. Construction is make them aware of City interest, familiarize parking lots. ongoing, with an estimated completion date in 2023. them with the opportunities available in Burlingame, and assist in processing where applications are required; encourage use of private foundation grants to fund affordable units. The City will issue an RFP for redevelopment of City -owned parking lots with affordable housing within one year of Housing Element adoption. Table D Program Implementation Status pursuant to GC Section 65583 Housing Programs Progress Report Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element. 1 2 3 4 Name of Program Objective Timeframe in H.E Status of Program Implementation Program H(F-7) - Section 8 Program Current number of Section 8 Ongoing The City will work with San Mateo County Community Services and Housing Work with San Mateo County Community units is 100. Attempt to Authority to provide a proportionate number of Section 8 units located in Services and Housing Authority to provide increase by additional 20 Burlingame. Burlingame a proportionate share of Section units (total of 120 units). 8 funds; distribute information about program to potential property owner and renter participants. Program H(F-8) - First-time Homebuyer Obtain assistance for 15 Ongoing The City promotes first-time homebuyer program workshops presented by Program Continue to participate in Burlingame residents. HEART of San Mateo County to educate both City employees and Burlingame cooperative CDBG agreement with San Mateo residents about the first-time homebuyer program; this information is provided County to provide Burlingame residents with on the City's website and in the City's weekly newsletter. the opportunity to participate in the first-time homebuyer program (Mortgage Credit The City's residential impact fee in lieu program allows for affordable units to be Certificate) funded by CDBG. Make first time either rental or for sale. home buyer information available on City's website and hold public workshops to identify opportunities for those in need. Program H(F-9) - Zero -Net -Loss of Housing No loss of housing stock. Within 1 year of HE The City is compliant with SB-330, disallowing residential units to be removed Units Amend the zoning code to require that adoption without replacement. when there is a loss of multifamily rental housing due to subdivision or condominium approvals, the project shall be required to provide 20 percent affordable housing units and/or provide displaced tenants with the first right to return to replacement housing units and to affordable housing units, subject to compliance with Measure T, the Burlingame Fair Property Rights Ordinance. Program H(F-10) — Housing for Very Low Explore the effectiveness Annual The City adopted new Accessory Dwelling Unit (ADU) regulations to facilitate Income and appropriateness of new Review the development of accessory units, by waiving parking requirements and Households strategies and incentives to eliminating limits on lot size for units added within existing square Explore opportunities to encourage promote housing for very footage/structures, consistent with State Law mandates. In addition, the City development of housing for very low and low and extremely low recently approved a joint development of downtown Parking Lots F & N which extremely low income households through a income households on an includes 132 workforce and senior housing units. variety of activities that may include: annual basis. • Examining the appropriateness of new Commercial (linkage) impact fees were adopted by the City Council on July 3, housing types that can provide affordable 2017, as follows: options, such as junior second units and - $7/SF —retail micro -apartments; - $12/SF- hotel • Identifying grant and funding opportunities; - $18/SF — office < 50,000 SF • Monitoring the availability of state cap -and- - $25/SF — office> 50,000 SF trade funding for affordable housing; • Considering joint development Residential impact fees were adopted in 2019, as follows: opportunities with non- profit developers for Base With Prevailing / Area Wage projects that accommodate a wide range of Rental Multifamily — 11 units and above income categories including very low Up to 50 du/ac $17.00 $14.00 income; 51-70 du/ac $20.00 $17.00 • Reaching out to housing developers and 71 du/ac and above $30.00 $25.00 assisting them, where applicable, in For Sale Multifamily (Condominiums) — 7 units and above preparing applications for affordable housing $35.00 $30.00 funding sources, which may involve feedback Notes: on their financial analyses, provision of 1. Rental Multifamily with total of 10 units or fewer are exempt. demographic and land use data, and review 2. For Sale Multifamily (Condominiums) with total of 6 units or fewer are exempt. of their funding applications; 3. Rental projects that convert to condominiums within 10 years of completion • Offering additional incentives beyond the of construction would be subject to the fee differential as a condition of density bonus and inclusionary housing conversion provisions; and/or • Prioritizing a portion of fees, including potential residential and commercial Impact These impacts fees will be updated by the end of 2022. Program H(F-11) — Anti -Displacement Conduct an annual review First reviewed Anti -displacement strategies were discussed and examined by the City Council Strategies Acknowledge the problem of of the availability and January 2015. then during the last housing element cycle. The City Council has considered anti - tenant displacement and convene a process effectiveness of anti- annually displacement strategies within the context of collection of commercial linkage to investigate mitigations and the obstacles displacement strategies and fees and residential impact fees, with considerations for programs such as to deploying them, including legislative programs. emergency rent assistance to prevent displacement, and acquisition of existing barriers such as the Burlingame Fair Property housing stock to be retained with below -market rents. In conjunction with the Rights Ordinance ("Measure T") and establish County of San Mateo Home for All initiative, the City has held two community or modify strategies as appropriate. meeting to hear from the community and discuss housing matters, including anti -displacement strategies. City Council allocates funds to the non-profit Samaritan House to assist with anti -displacement in the City. Table D Program Implementation Status pursuant to GC Section 65583 Housing Programs Progress Report Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element. 1 2 3 4 Name of Program Objective Timeframe in H.E Status of Program Implementation Program H(C-4) - Consider adoption of a residential in- lieu fee option. Consider adopting a residential in -lieu fee as an alternative to providing affordable units on site. Generate in -lieu fees to contribute toward the creation of low and moderate income housing. Within 1 year of HE adoption Residential impact fees were adopted in 2019, as follows: Linkage Fee Base With Prevailing / Area Wage Rental Multifamily— 11 units and above Up to 50 du/ac $17.00 $14.00 51-70 du/ac $20.00 $17.00 71 du/ac and above $30.00 $25.00 For Sale Multifamily (Condominiums) — 7 units and above $35.00 $30.00 Notes: 1. Rental Multifamily with total of 10 units or fewer are exempt. 2. For Sale Multifamily (Condominiums) with total of 6 units or fewer are exempt. 3. Rental projects that convert to condominiums within 10 years of completion of construction would be subject to the fee differential as a condition of conversion. These impact fees are anticipated to be updated by the end of 2023. General Comments: I QS—h Burlingame, California BURLINIMAME Housing - Prohousing Burlingame Planning Accessory Dwelling Units � tEll ,: Cannabis — i "`, , 'e Codes & Regulations , �. Department Hours & Location The City of Burlingame is firmly committed to the development of housing to serve a range of households- Here are some highlights: Design Guidelines . As of February 2023, there are 2,300 units that are either under construction, approved, or under review (853 residential units under construction, 1,292 approved, and 150 under review)- Of those, 394 (17%) are Downtown Construction designated affordable for Very Low, Low, and Moderate -Income households- Information on new housing development in Burlingame can be obtained on the Planning Division's Major Projects page at www. burl i n g n m e.orglm ajorp roj acts - Employee Recognition Burlingame began a robust discussion about housing back in 2018 as the first pilot city in the County of San FAQ Mateo's `Home For All' program. Those discussions were important for allowing the community to understand housing issues and the importance in providing more housing- Click here to learn more about the "Burlingame Talks Together About Housing'' initiative. Forms, Applications &Fees Much of the progress in housing production has been the result of the City's "Envision Burlingame" General General & Specific Plans Plan, which was comprehensively updated and adopted in 2019- The General Plan has a strong emphasis on housing production, with new areas designated for residential uses, and residential densities significantly increased in other areas- The intent of the General Plan was to expand the City's housing supply by Housing - Prohousing Burlingame approximately 20 percent. Housing Element • Interim zoning was adopted concurrently with the new General Plan so that new residential projects could be submitted without needing to wait for the Zoning Ordinance to be updated. 1,002 new residential units were submitted and approved under the interim zoning. Housing Resources • A comprehensive update of the Zoning Ordinance was adopted in December 2021- The update included Major Projects significant streamlining of development review for new residential development, including objective design and development standards to comply with the Housing Accountability Act (HAA). Planning Commission - The `Village at Burlingame" was the City's first venture into the realm of financing affordable housing production directly. The City donated the land for the development, and now 132 new housing units for a range Public Records Requests of families and seniors are close to completion. 82 of the units will be affordable for Very Low Income households (up to 50% Area Median Income or "AMI"), 35 units will be affordable for Low Income households (up to 80% AMI), and 14 units for Moderate Income households (up to 120% AMI}- SB 9 & SB 10 The City is providing direct financial support to a project called the Eucalyptus Grove Apartments that will SB 330 Preliminary Application provide 69 Very Low and Low Income units (up to 50% AMI)- It is the first project submitted to the City under SB 35- Short Term Rental Program . The City has convened an ad hoc citizen's committee to prioritize expenditures of affordable housing funds collected from commercial development- The committee, known as the Housing, Opportunity, Priorities and Signs Education (HOPE) community advisory committee, will provide recommendations to the City Council in spring 2023. The intent is to particularly focus on households Very -Low and Extremely Low (ELIj income categories, which includes a significant portion of the City's workforce and have been the most challenging Wireless Communications income categories to provide housing without the City providing financial support - Zoning For more information on housing development in Burlingame please contact Community Development Director Kevin Gardiner at kgardiner@burlingame.org or by phone at 650-558-7253- �i Co .. .r MIMI !G BUR— IN�AAGENDA NO: 9b STAFF REPORT MEETING DATE: March 6, 2023 To: Honorable Mayor and City Council Date: March 6, 2023 From: Lisa K. Goldman, City Manager — (650) 558-7243 Subject: Discussion of Providing Tablets or Laptops to City Councilmembers to Facilitate Official Citv Business RECOMMENDATION Staff recommends that the City Council discuss whether it wishes to provide tablets or laptops to Councilmembers to facilitate official City business. BACKGROUND The City provides laptop or desktop computers and/or tablets to City employees to enable them to efficiently perform their job duties. To date, Councilmembers have used their own laptop or desktop computers and/or tablets to access their City email and City Council packets. DISCUSSION In February, the City upgraded to Microsoft 365, which entailed, in part, migrating from an on - premises email exchange server to the Microsoft 365 cloud. As part of this migration, new security features were activated to protect the City's information technology systems. Unfortunately, a consequence of this migration was the inability of Councilmember Stevenson to access City emails from his laptop or his mobile phone, both of which are owned by his employer and have their own security features. To ensure that he would not miss out on important City emails and other City business, Councilmember Stevenson purchased a personal tablet using his own funds. At the February 21 Council meeting, Councilmember Stevenson raised the question during the Future Agenda Items section of the meeting as to whether or not the City should provide tablets or other equipment to Councilmembers so that they can read and respond to emails and conduct other City business. The City does not currently have a policy on this question as it had not arisen under the old email system. Staff now seeks Council direction as to whether the City should: purchase tablets or other hardware for Councilmembers (or reimburse those who purchase their own); have the City provide the equipment, which would then be returned to the City upon the Councilmember leaving office; or continue the prior practice of relying upon Councilmembers to provide their own equipment. In determining a policy, the City Council should consider several issues: 1 Discussion of Councilmember Information Technology Equipment March 6, 2023 Cost: The base cost of a full-sized iPad ranges from approximately $330 to $800, not including increased storage space, cellular access, and a separate keyboard and other accessories that make the device easier to use. The base cost of a tablet is comparable to that of an iPad. Should the Council determine that the City should purchase (or reimburse the purchase of) an iPad or tablet, then staff would suggest that the Council determine the maximum amount that will be available for each Councilmember. Information Technology staff recommends that Councilmembers use iPads or Microsoft Tablets (such as a Surface Go 2 or Surface Pro) as these products will be easier for IT to support. Tax Consequences: If the City purchases iPads or tablets for Councilmembers or reimburses Councilmember purchases, then the cost of the purchase is considered taxable compensation unless the City maintains ownership of the item. Public Records Act Implications: Any records created or used for City -related business are subject to disclosure under the California Public Records Act ("CPRA") (Government Code section 7920.000 et seq.), unless an exemption applies. Those records include emails sent or received, calendars, and text messages. For Councilmembers, any City -related records contained on personal technology, including personal accounts and personal equipment, are subject to inspection and disclosure. For example if a Councilmember is sending, receiving or storing email related to public business on their personal tablet or laptop, those emails are reviewable for disclosure under the CPRA. A court may also order that the personal tablet or laptop be inspected for any City -related records. FISCAL IMPACT There is no impact from the receipt of this report. Should the Council determine that it wishes the City to fund this technology, then the maximum cost will be five times the maximum amount provided per device plus accessories. Should the Council wish to also include members of City Boards and Commissions in the policy, then the cost will increase substantially. 2