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Agenda Packet - CC - 2023.03.20
CITY v 0 ticow � � rPORATED Monday, March 20, 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: 817 5894 7253 Passcode:636226 To access the meeting by phone: Dial 1-669-900-6833 Meeting ID: 817 5894 7253 Passcode:636226 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 311612023 City Council Meeting Agenda - Final March 20, 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 to 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 20, 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 To access the meeting by computer: Go to www.zoom.us/join Meeting ID: 817 5894 7253 Passcode: 636226 To access the meeting by phone: Dial 1-669-900-6833 Meeting ID: 817 5894 7253 Passcode: 636226 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. ROLL CALL 4. REPORT OUT FROM CLOSED SESSION 5. UPCOMING EVENTS 6. PRESENTATIONS a. Update from Former Representative Speier on the Foundation for Women and Children b. Update from Parks and Recreation Department on Recent Wind Storm and Trees 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 311612023 City Council Meeting Agenda - Final March 20, 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 March 6, 2023 Closed Session Attachments: Meeting Minutes b. Approval of City Council Meeting Minutes for the March 6, 2023 Regular City Council Meeting Attachments: Meeting Minutes C. Adoption of a Resolution Accepting the 2022 Sidewalk Repair Program by J.J.R. Construction, Inc., City Project No. 86250 Attachments: Staff Report Resolution Final Progress Payment Project Location Map d. Adoption of a Resolution to Quitclaim an Existing Easement and Accept a New City Maintenance Access Easement at 555 Airport Boulevard Attachments: Staff Report Legal Description and Plat for MAE Quitclaim Legal Description and Plat for MAE Establishment e. Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Hinderliter, De Llamas & Associates (HdL) to Include Business License Tax and Transient Occupancy Tax Operations Management, Discovery, and Audit 0-1;--- Attachments: Staff Report Resolution Professional Services Agreement HdL Proposal f. Adoption of a Resolution Approving American Library Association Conference Out of Attachments: Staff Report Resolution City of Burlingame Page 3 Printed on 3/16/2023 City Council Meeting Agenda - Final March 20, 2023 9- Adoption of a Resolution Authorizing Personnel Changes and Approving an Amended Salary Schedule for Merit Classifications Attachments: Staff Report Resolution Job Classification - Library Technical Services Manaaer Job Classification - Public Works Inspector Job Classification - Senior Public Works Inspector Salary Schedule Adoption of a Resolution Authorizing the City Manager to Negotiate and Execute a Subsurface Shoring and Crane Operation Agreement for 1766 El Camino Real with CP VIII 1766 ECR, LLC ("Carmel Partners") Attachments: Staff Report Resolution Form of Proposed Agreement Adoption of a Resolution Approving Designation of Applicant's Agents for Non -State Agencies Attachments: Staff Report Resolution OES-FPD-130 Designation of Applicant's Agent Resolution Non -State Agencies Adoption of a Resolution Authorizina the Citv Manaaer to Neaotiate and Execute Amendment No. 2 to the Professional Services Agreement with Bureau Veritas North America, Inc. for Plan Check and Building Inspection Services for Fiscal Year 2022-2023 to Increase the Contract Amount by $1,000,000, for a Total Compensation, Entirely Paid by ADDlicants. Not to Exceed $2.560.000. to Cover Expected Expenses Related to Multiple Large Construction Projects Attachments: Staff Report Resolution Amendment to Aareement Original Agreement Adoption of a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with ICF Jones & Stokes, Inc. (ICF) to Perform Environmental Review Services Related to the Proposed Development of a New Office / Research and Development Building at 1499 Bayshore Highway in the Amount of $173,212.60 Attachments: Staff Report Resolution Agreement for Professional Services Exhibit A - ICF Scope of Work.pdf City of Burlingame Page 4 Printed on 3/16/2023 City Council Meeting Agenda - Final March 20, 2023 Authorize the Mayor to Send a Letter in Support of SB 511 (Blakespear) Related to Greenhouse Gas Emission Inventories Attachments: Staff Report Support Letter 9. PUBLIC HEARINGS (Public Comment) a. Adoption of a Resolution Approving the Vacation of a Ten -Foot -Wide Public Utility Easement at 1669 and 1699 Old Bayshore Highway and a Five -Foot -Wide Public Utility Easement at 821 Malcom Road Attachments: Staff Report Resolution Boundary Exhibit Plan & PUE Overlay (Resolution Exhibits A-1 & A-2) Letters of Consent from Utility Companies b. Introduction of an Ordinance of the Citv of Burlinaame Amendina Chapter 8.18 of the Burlingame Municipal Code and Establishing a Temporary Ban On Smoking in the Broadway Business Improvement District Through December 31, 2023; CEQA Determination: Exempt Pursuant To State CEQA Guidelines Sections 15378 And 15061(b)(3) Attachments: Staff Report Ordinance 10. STAFF REPORTS AND COMMUNICATIONS (Public Comment) a. Approval of the Priorities Identified During the FY 2023 - 2024 Goal -Setting Session, Confirmation of Appointments to City Council Subcommittees, and Confirmation of City Council Assignments 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 City of Burlingame Page 5 Printed on 3/16/2023 City Council Meeting Agenda - Final March 20, 2023 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 20, 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 20, 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 Regular City Council Meeting on Monday, April 3, 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 6 Printed on 3/16/2023 CITY 0 BURLINGAME y P 4R--� BURLINGAME CITY COUNCIL Unapproved Minutes Closed Session on March 6, 2023 1. CALL TO ORDER Agenda Item: 8a Meeting Date: March 20, 2023 A duly noticed meeting of the Burlingame City Council was held on the above date in Conference Room A at 6:15 p.m. 2. ROLL CALL MEMBERS PRESENT: Brownrigg, Colson, Ortiz, Stevenson MEMBERS ABSENT: Beach (recused) 3. PUBLIC COMMENTS There was no public comment. 4. REPORT OUT FROM CLOSED SESSION a. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 PROPERTY: 1200-1340 OLD BAYSHORE HIGHWAY; BURLINGAME, CA AGENCY NEGOTIATORS: CITY MANAGER LISA K. GOLDMAN, CITY ATTORNEY MICHAEL GUINA NEGOTIATING PARTIES: CITY OF BURLINGAME: DW BURLINGAME VENTURE. LLC — DIVCOWEST UNDER NEGOTIATIONS: PRICE AND TERMS OF REAL ESTATE NEGOTIATIONS City Attorney Guina stated that direction was given but no reportable action was taken. 1 5. ADJOURNMENT Mayor Brownrigg adjourned the meeting at 6:58 p.m. Agenda Item: 8a Meeting Date: March 20, 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 March 6, 2023 1. CALL TO ORDER Agenda Item: 8b Meeting Date: March 20, 2023 A duly noticed meeting of the Burlingame City Council was held on the above date in person and via Zoom Webinar at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE TO THE FLAG The pledge of allegiance was led by San Mateo County Supervisor Dave Pine. 3. ROLL CALL MEMBERS PRESENT: Beach, Brownrigg, Colson, Ortiz, Stevenson MEMBERS ABSENT: None 4. REPORT OUT FROM CLOSED SESSION a. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 PROPERTY: 1200-1340 OLD BAYSHORE HIGHWAY; BURLINGAME, CA AGENCY NEGOTIATORS: CITY MANAGER LISA K. GOLDMAN, CITY ATTORNEY MICHAEL GUINA NEGOTIATING PARTIES: CITY OF BURLINGAME; DW BURLINGAME VENTURE, LLC — DIVCOWEST UNDER NEGOTIATIONS: PRICE AND TERMS OF REAL ESTATE NEGOTIATIONS Councilmember Beach recused herself from this item due to conflicts of interest. City Attorney Guina stated that direction was given, but no reportable action was taken. 5. UPCOMING EVENTS Mayor Brownrigg reviewed upcoming events in the city. 6. PRESENTATIONS 1 Agenda Item: 8b Meeting Date: March 20, 2023 a. UPDATE FROM SAN MATEO COUNTY SUPERVISOR PINE Supervisor Pine stated that over the next year, the County Board of Supervisors ("Board") will focuse on three main priorities: housing, children and families, and emergency services. 1. Housing Supervisor Pine stated that the Board is trying to reach "functional zero homelessness". He explained that this means that every unsheltered person who wants a temporary bed will have one made available. He noted that over the last few years, the County acquired five hotels to house the unhoused. He added that this equates to approximately 600 units. Supervisor Pine discussed the opening of the Navigation Center in Redwood City. He stated that the center is slated to open in March and includes 240 individual units with private showers and bathrooms. He explained that the center will have services for individuals who reside in the facility. Supervisor Pine stated that the County is also investing in homeless outreach teams who will work with individuals on a one -by -one basis. Supervisor Pine stated that about $20 million from Measure K funds is being invested in affordable housing and ADUs. 2. Children and Families Supervisor Pine reviewed some of the County programs including: • Big Lift — focuses on increasing third grade reading proficiency • Buildup — increase supply of childcare centers in the county • Social safety net services — CalFresh, healthcare, job training, etc. 3. Emergency Services Supervisor Pine discussed the storms this past winter and the tragic shooting in Half Moon Bay. He explained that these events and others stressed the importance of investing in emergency services. Supervisor Pine talked about his work on climate change including sea level rise and the San Francisco Bay Restoration Authority. Vice Mayor Colson asked about the County's financial health. Supervisor Pine responded that the County is in good shape and has strong reserves. Councilmember Beach asked about developments in the childcare arena. Supervisor Pine responded that the Childcare Partnership Council will release a needs assessment in the coming weeks. Mayor Brownrigg opened the item for public comment. No one spoke. 2 Agenda Item: 8b Meeting Date: March 20, 2023 Mayor Brownrigg stated that it is terrific to see the County leading on the unhoused issue. He explained that he received a lot of feedback from the community recently about unhoused individuals. He stated that he would be interested in finding out how Burlingame can participate in the homeless outreach teams as it is an issue that affects the City. 7. PUBLIC COMMENTS, NON -AGENDA There were no public comments. 8. APPROVAL OF CONSENT CALENDAR Mayor Brownrigg asked the Councilmembers and the public if they wished to remove any item from the Consent Calendar. Councilmember Stevenson pulled item 8i. Councilmember Ortiz made a motion to adopt the following items from the Consent Calendar: 8a, 8b, 8c, 8d, 8e, 8f, 8g, 8h, 8j, 8k, 81, and 8m; seconded by Councilmember Stevenson. The motion passed unanimously by roll call vote, 5-0. Ems_\ � ].Z�1�/1��1 Y�] � �'L��1�1 � L�] L� t•� 1� � V [H t•4I i; l�j l�� ��] 3 �. L� 1�3.Z�1_\.�'i_� ��������9 � ����j [�] � 1 City Clerk Hassel -Shearer requested Council approve the City Council Meeting Minutes for the February 21, 2023 Closed Session. b. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR THE FEBRUARY 21, 2023 REGULAR CITY COUNCIL MEETING City Clerk Hassel -Shearer requested Council approve the City Council Meeting Minutes for the February 21, 2023 Regular City Council Meeting. ADOPTION OF A RESOLUTION ACCEPTING THE ANSON BURLINGAME PUBLIC ART PROJECT NO. 86090 IN THE AMOUNT OF $210,000 Parks and Recreation Director Glomstad requested Council adopt Resolution Number 015-2023. d. ADOPTION OF A RESOLUTION ADOPTING THE 2019 SAN FRANCISCO BAY AREA INTEGRATED REGIONAL WATER MANAGEMENT PLAN: CEGA DETERMINATION: EXEMPT FROM C PURSUANT TO PUBLIC RESOURCES CODE SECTION 21065 DPW Murtuza requested Council adopt Resolution Number 016-2023. Agenda Item: 8b Meeting Date: March 20, 2023 e. 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 Parks and Recreation Director Glomstad requested Council adopt Resolution Number 017-2023. f. 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 DPW Murtuza requested Council adopt Resolution Number 018-2023. g. ADOPTION OF A RESOLUTION ENDING THE COVID-19 LOCAL EMERGENCY DECLARATION City Manager Goldman requested Council adopt Resolution Number 019-2023. h. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY LIBRARIAN TO REQUEST DUNCAN TRUST FUNDS, UP TO A MAXIMUM OF $5,000 PER REQUEST City Librarian McCulley requested Council adopt Resolution Number 020-2023. L 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 BURLINGAME MAIN LIBRARY Councilmember Stevenson discussed the potential of opening up additional concessions at other City venues including the Community Center. Parks and Recreation Director Glomstad stated the Community Center doesn't have space for a permanent partner. However, she discussed the potential for a coffee cart as part of a job training program for students. Vice Mayor Colson discussed how good Fika Cafe was and encouraged the community to try out their food. Mayor Brownrigg opened the item up for public comment. No one spoke. Vice Mayor Colson made a motion to adopt Resolution Number 021-2023; seconded by Councilmember Stevenson. The motion passed unanimously by roll call vote, 5-0. 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 4 Agenda Item: 8b Meeting Date: March 20, 2023 Sustainability Program Manager Michael requested Council adopt Resolution Number 022-2023. k. ADOPTION OF A RESOLUTION OPPOSIING INITIATIVE 21-0042a1, THE TAXPAYER PROTECTION AND GOVERNMENT ACCOUNTABILITY ACT, AND AUTHORIZING THE MAYOR TO SEND A LETTER OF OPPOSITION City Manager Goldman requested Council adopt Resolution Number 023-2023. I. 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 HR Director Saguisag-Sid requested Council adopt Resolution Number 024-2023. 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 CDD Gardiner requested Council approve authorizing 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 multi -family housing in the FY 2023-24 State budget. 9. PUBLIC HEARINGS There were no public hearings. 10. STAFF REPORTS AND COMMUNICATIONS a. HOUSING ELEMENT ANNUAL PROGRESS REPORT (APR) AND HOUSING PROGRAM DISCUSSION CDD Gardiner stated that 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. CDD Gardiner stated that 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 a planned period of time. Agenda Item: 8b Meeting Date: March 20, 2023 CDD Gardiner stated that the format for the annual progress report is a series of Excel files that is auto - populated into the State's database. He explained that the City is required to report every single building permit issued for every unit. He added that the different phases of the permits are also reported. CDD Gardiner discussed some of the 2022 highlights in the annual progress report including: • 779 homes entitled (planning approval) • 351 building permits issued • 43 below market rate ("BMR") homes • 60 accessory dwelling units ("ADU") applications received and 45 permits issued • 160 homes completed CDD Gardiner next reviewed a chart that looked at RHNA as measured by building permits issued. He stated the following: • 351 net new building permits issued in 2022 • 1,573 net new building permits issued between 2015 and 2022 • 863 units in RHNA Cycle 2015 to 2023 (182.3% fulfilled) • 270 below market rate units in RHNA Cycle 2015 to 2022 (representing 17% of the total) CDD Gardiner discussed what was achieved during the RHNA 5 Cycle (2015 to 2022): Income Level RHNA Building Permits Issued % of RHNA Goal Very Low 276 82 29.7% (below 50% AMI) Low 144 116 80.6% (50% to 80% AM I) Moderate 155 72 46.5% (80% to 120% AMI) Above Moderate 288 1,303 452.4% (above 120% AM I) TOTALS 863 1,573 182.3% CDD Gardiner stated that the San Mateo County Area Median Income for 2022 was the following: • $116,200 for a single -person household • $132,800 for a two -person household • $149,400 for a three -person household • $166,000 for a four -person household CDD Gardiner stated that more work needed to be done in the very low-income category. He reviewed the income levels that qualified as Very Low -Income Households ("VLI") in 2022: • Less than $65,250 for a single -person household • Less than 74,600 for a two -person household • Less than 83,900 for a three -person household N. Agenda Item: 8b Meeting Date: March 20, 2023 • Less than $93,200 for a four -person household CDD Gardiner discussed the extremely low-income subset of VLI. He noted that these are individuals that make less than 30% of AMI. He explained that this broke down to: • Less than $39,150 for a single -person household (which is 38.9% of the City's workforce) • Less than $44,750 for a two -person household • Less than $50,350 for a three -person household • Less than $55,900 for a four -person household CDD Gardiner stated that staff has put together a major projects' webpage: www.burlingame.org/ma0orprojects. He explained that this page includes approved projects, projects under review, completed, etc. Mayor Brownrigg stated that he would like information on the number of below market rate units that have more than one bedroom. He explained that he wanted to see how these units were assisting families. Vice Mayor Colson stated that one of the flaws of RHNA is that the City gets credit per unit regardless of whether it is a three -bedroom BMR unit or a studio BMR unit. She explained that she thought the City should advocate for RHNA reflecting the number of individuals housed versus the number of units offered. Councilmember Beach stated that she thought completed projects should be moved to a new report. CDD Gardiner replied in the affirmative. CDD Gardiner discussed the "Pro -Housing Burlingame" webpage that discusses the housing being created in the city. He stated that the public could review this information at www.burlingame.org/prohousing. CDD Gardiner discussed a chart displaying residential development in the City as of March 2023: March 2023 Total Units Affordable Units Under Construction 853 228 Approved 1,366 160 Under Review 458 181 TOTALS 2,677 569 (21%) Vice Mayor Colson asked about the next steps. CDD Gardiner replied that this annual progress report is due April 1. He stated that it will go into the State's database, and the public can compare it to other cities. He explained that the Housing Element was submitted in February, and the State has 90 days to review it. He added that most housing elements are taking the full 90 days. He stated that the City should hear back from the State in May about Burlingame's Housing Element. Mayor Brownrigg opened the item up for public comment. No one spoke. 7 Agenda Item: 8b Meeting Date: March 20, 2023 Councilmember Beach thanked staff for the pro -housing website. She stated that it was clear, concise, and digestible. Councilmember Beach made a motion to accept 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"); seconded by Councilmember Ortiz. The motion passed unanimously by roll call vote, 5-0. b. DISCUSSION OF PROVIDING TABLETS OR LAPTOPS TO CITY COUNCILMEMBERS TO FACILITATE OFFICIAL CITY BUSINESS City Manager Goldman stated that the City provides laptop or desktop computers and/or tablets to City employees to enable them to efficiently perform their job duties. She added that to date, during her tenure, Councilmembers have used their own laptop or desktop computers and/or tablets to access their City email and City Council packets. City Manager Goldman stated that 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. She added that as part of this migration, new security features were activated to protect the City's information technology systems. However, she explained that 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. She noted that 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. City Manager Goldman stated that at the February 21 Council meeting, Councilmember Stevenson raised the question during the future agenda item 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. She noted that the City does not currently have a policy on this question as it had not arisen under the old email system. City Manager Goldman stated that staff is asking for Council direction as to whether the City should: • Purchase tablets or other hardware for Councilmembers • Have the City provide the equipment • Or continue the prior practice of relying upon Councilmembers to provide their own equipment. City Manager Goldman stated that in determining a policy, the City Council should consider several issues: • Cost • Tax consequences • Public Records Act implications H Agenda Item: 8b Meeting Date: March 20, 2023 Councilmember Ortiz asked if he was correct that under the Public Records Act, a Councilmember could be asked to turn over their personal laptop to be inspected to ensure that there aren't any public records in their personal email. City Attorney Guina replied in the affirmative. He stated that inspection of a Councilmember's personal laptop would occur if there was a lawsuit, and the judge ordered an inspection. He added that the Councilmember's personal business would not be released, but it would be reviewed by the court. Councilmember Beach stated that it makes good sense to have separate gear for the work the Council does. She noted that she didn't think the same applied to City committees and commissions. She added that there might be a time when an individual is elected to Council and can't afford their own laptop. Therefore, she thought it made good policy sense to provide a budget for Council to purchase technology. Councilmember Ortiz stated that while he agreed with Councilmember Beach, it was convenient to have everything on one device. Vice Mayor Colson asked if she was correct that a judge could compel a Councilmember to hand over both their personal and City device. City Attorney Guina replied in the affirmative. Councilmember Beach asked if a new Councilmember keeps everything separate, could they still be compelled to turn over their personal device. City Attorney Guina replied in the affirmative. Councilmember Stevenson stated that he asked for this item to be agendized not because of the cost of purchasing equipment but rather from a security standpoint. Mayor Brownrigg stated that he concurred with Councilmember Beach. He stated that each Councilmember should be given a $1,000 budget, for a one-time purchase, that doesn't include phones. Councilmember Ortiz supported Mayor Brownrigg's suggestion. Vice Mayor Colson stated that she thought the equity issue was the most important piece. She asked if Councilmembers could purchase a device and leave it in the City Clerk's Office to be charged and available. Vice Mayor Colson discussed various issues with who owns the device including wiping it clean after it is returned if the City owns, who handles technical support, etc. Mayor Brownrigg stated that the $1,000 budget should be for once a term. Councilmember Ortiz suggested that the individual Councilmember should own the device. Vice Mayor Colson stated that if the City owns the device, the Councilmember could purchase it at the end of the four-year term for the depreciated value. Agenda Item: 8b Meeting Date: March 20, 2023 City Manager Goldman stated that what she thought she was hearing from Council was the following: • $1,000 technology budget not to include phones for each Councilmember per term • City will own the device • Councilmembers have the option to buy the device at the end of the term for its depreciated value Council concurred with City Manager Goldman's assessment. Mayor Brownrigg opened the item up for public comment. No one spoke. Vice Mayor Colson stated that if there was a commissioner who didn't have the financial resources to purchase a device, she would like there to be a policy where they could confidentially go to the City Manager and ask for assistance. The Council concurred with the Vice Mayor's suggestion. 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Council reviewed their committee appointments. 12. FUTURE AGENDA ITEMS There were no future agenda items. 13. ACKNOWLEDGMENTS The agendas, packets, and meeting minutes for the Planning Commission, Traffic, Safety & Parking Commission, Beautification Commission, Parks & Recreation Commission, and Library Board of Trustees are available online at www.burlingame.org. 14. ADJOURNMENT Mayor Brownrigg adjourned the meeting 8:17 p.m. Respectfully submitted, Meaghan Hassel -Shearer City Clerk 10 BUR— N�An�� AGENDA NO: 8c 1... STAFF REPORT MEETING DATE: March 20, 2023 To: Honorable Mayor and City Council Date: March 20, 2023 From: Syed Murtuza, Director of Public Works — (650) 558-7230 Victor Voong, Associate Engineering — (650) 558-7230 Subject: Adoption of a Resolution Accepting the 2022 Sidewalk Repair Program by J.J.R. Construction, Inc., City Project No. 86250 RECOMMENDATION Staff recommends that the City Council adopt the attached resolution accepting the 2022 Sidewalk Repair Program by J.J.R. Construction, Inc., City Project No. 86250, in the amount of $1,089,864. BACKGROUND On March 5, 2018, the City Council adopted Ordinance No. 2018-1949 to update Chapter 12.12 of the Burlingame Municipal Code "Sidewalk and Park Maintenance." The updated code authorized the City to implement sidewalk repairs through the Capital Improvement Program utilizing 100% City funds with no contributions from property owners. On April 4, 2022, the City Council adopted Resolution No. 032-2022 and awarded the 2022 Sidewalk Repair Program to J.J.R. Construction, Inc., in the amount of $830,314. The project scope consisted of replacing defective sidewalks, driveways, curb ramps, valley gutters, and curb and gutters in the area shown on the attached map. DISCUSSION The 2022 Sidewalk Repair Program has been satisfactorily completed in compliance with the project plans and specifications. The completed work included installation of approximately 54,300 square feet of new sidewalk, 29 Americans with Disabilities Act (ADA) curb ramps, and 1,100 linear feet of curb and gutter. The final project construction cost is $1,089,864, which is 259,550, or 31 %, above the base contract award amount and the Council approved contingencies. The extra work included new sidewalks on Myrtle Road for pedestrian safety as Myrtle Road provides access to the new Community Center, Washington Park, Caltrain Station, and downtown Burlingame Avenue. The extra work involved an additional 4,070 square feet of sidewalk and 500 square feet of driveway, for a total cost of $68,000. Staff took advantage of the favorable unit prices to complete these improvements, which resulted in the 6% exceedance over the approved 25% contingency but within the Project budget. 1 Resolution Accepting the 2022 Sidewalk Repair Program by J.J.R. Construction, Inc. March 20, 2023 FISCAL IMPACT The following are the estimated final project expenditures Construction $1,098,864 Construction Inspection $50,736 Engineering Design & Administration $40,400 Total $1,190,000 There are adequate funds available in the Capital Improvement Program budget to cover the estimated final costs. Exhibits: • Resolution • Final Progress Payment • Project Location Map 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME ACCEPTING 2022 SIDEWALK REPAIR PROGRAM IMPROVEMENTS BY J.J.R. CONSTRUCTION, INC. CITY PROJECT NO. 86250 WHEREAS, On March 5, 2018, the City Council adopted Ordinance No. 2018-1949 to update Chapter 12.12 of the Burlingame Municipal Code "Sidewalk and Park Maintenance," which authorized the City to implement sidewalk repairs through the Capital Improvement Program utilizing 100% City funds with no contributions from property owners; and WHEREAS, on April 4, 2022, the City Council adopted Resolution No. 032-2022 and awarded the 2022 Sidewalk Repair Program to J.J.R. Construction, Inc., in the amount of $830,314; and WHEREAS, the project scope consisted of replacing defective sidewalks, driveways, curb ramps, valley gutters, and curb and gutters; and WHEREAS, the 2022 Sidewalk Repair Program has been satisfactorily completed in compliance with the project plans and specifications, and the completed work included installation of approximately 54,300 square feet of new sidewalk, 29 Americans with Disabilities Act (ADA) curb ramps, and 1,100 linear feet of curb and gutter; and WHEREAS, there are adequate funds available in the Capital Improvement Program budget to cover the estimated final costs. NOW THEREFORE BE IT RESOLVED by the CITY COUNCIL of the City of Burlingame, California, and this Council does hereby find, order and determine as follows: 1. The Director of Public Works of said City has certified the work done by J.R.R. Construction, Inc., under the terms of its contract with the City dated June 15, 2022, has been completed in accordance with the plans and specifications approved by the City Council and to the satisfaction of the Director of Public Works. 2. Said work is particularly described as City Project No. 86250. 3. Said work be and the same hereby 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 20tn day of March, 2023, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Meaghan Hassel Shearer, City Clerk JJR CONSTRUCTION INC. Phone: 650-343-6109; Fax 650-343-6207 Invoice To: City of Burlingame 2022 Sidewalk Repair Program City of Burlingame 501 Primrose Rd Burlingame, CA, 94010 Invoice Date 2/28/2023 Progress Billing M 7.00 Owner Estimate # 1 JJR Job#: 22-03 Est. Completion date: Feb-23 See attached sheet for detail on items invoiced. Total Amount Billed Todate Gross Total Amount Due this Period Retention @ 5.00% $ 1,089,864.43 $ 147,751.65 $ 7,387.58 Net Amount Due This Period $ Total Amount Due This Invoice If you have any questions regarding this invoice please contact Samim Shakoori @ 650-554-1216 Prepared by: Samim Shakoori 140,364.07 $ 140,364.07 Page 1 of 3 Invoice Detail 1120 9th Ave San Mateo, CA 94402 650-343-6109 650-343-6207 Fax JJR Job Number: Owner Job Number Job Name 2022 Sidewalk Repair Program Owner City of Burlingame 22-03 This Pay Estimate Covers the period From 2/1/2023 Billing/Estimate Number 7 to 2/28/2023 JJR Construction Incorporated BID UNIT ORIG REV UNIT CONTRACT CURRENT CURRENT PREVIOUS PREVIOUS TO DATE TO DATE % ITEM I DESCRIPTION MEAS QTY QTY I PRICE I AMOUNT I CITY AMOUNT CITY AMOUNT QTY AMOUNT Contract Work 1 Remove & Replace Sidewalk SF 31,000.00 14.20 440,200.00 7,857.85 111,581.47 40,376.87 573,351.55 48,234.72 684,933.02 156% 2 Remove & Replace Driveway SF 2,400.00 20.62 49,488.00 1,135.75 23,419.17 5,001.81 103,137.32 6,137.56 126,556.49 256% 3 Remove & Replace Curb & Gutter LF 2,500.00 59.85 149,625.00 47.00 2,812.95 1,078.75 64,563.19 1,125.75 67,376.14 45% 4 Remove & Replace Curb LF 300.00 36.65 10,995.00 - - 24.50 897.93 24.50 897.93 8% 5 Cross Gutter SF 500.00 27.50 13,750.00 - - 997.55 27,432.63 997.55 27,432.63 200% 6 Construct Curb Ramp EA 20.00 3,656.50 73,130.00 2.00 7,313.00 27.00 98,725.50 29.00 106,038.50 145% 7 Install DWS EA 20.00 480.00 9,600.00 - - - - - 8 Remove Sidewalk and Replace with Top Soil SF 500.00 5.65 2,825.00 252.06 1,424.14 252.06 1,424.14 50% 9 Aggregate Base TN 25.00 185.00 4,625.00 79.81 14,764.85 79.81 14,764.85 319% 10 Remove AC and PCC Base SF 2,500.00 5.65 14,125.00 - - - - - - 11 Remove AC only SF 1,000.00 1 5.65 5,650.00 221.25 1,250.06 1,939.41 10,957.67 2,160.66 12,207.73 216% 12 New AC Surfacing TN 100.00 300.00 30,000.00 4.58 1,374.00 92.86 27,858.00 97.44 29,232.00 97% 13 Repair Irrigation System LS 1.00 1.00 1.00 1.00 1.00 - - 1.00 1.00 100% 14 Remove Tree and Grind Stump (<24") EA 4.00 1,500.00 6,000.00 - - 6.00 9,000.00 6.00 9,000.00 150% 15 Remove Tree and Grind Stump (>24") EA 6.00 2,500.00 15,000.00 4.00 10,000.00 4.00 10,000.00 67% 16 New Sewer Clean -Out Frame & Cover EA 1.00 300.00 300.00 - - - - 17 Repair/Replace Waterline (10' Max) EA 1.00 2,500.00 2,500.00 18 Adjust Manholes to Grade EA 1.00 1,500.00 1,500.00 19 Sign Post EA 1.00 500.00 500.00 20 New Parking Meter Posts EA 1.00 500.00 500.00 - - #DIV/0! - #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! Page 2 of 3 Invoice Detail Job Name 2022 Sidewalk Repair Program JJR 1120 9th Ave Owner City of Burlingame Construction San Mateo, CA 94402 Incorporated 650-343-6109 650-343-6207 Fax JJR Job Number: 22-03 This Pay Estimate Covers the period From 2/1/2023 to 2/28/2023 Owner Job Number Billing/Estimate Number 7 BID UNIT ORIG REV UNIT CONTRACT CURRENT CURRENT PREVIOUS PREVIOUS TO DATE TO DATE % ITEM DESCRIPTION MEAS QTY QTY PRICE AMOUNT QTY AMOUNT QTY AMOUNT QTY AMOUNT #DIV/0! #DIV/0! Subtotal Contract Work 830,314.00 147,751.65 942,112.78 1,089,864.43 CHANGE ORDERS #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! Subtotal C/O and Extra Work Gross Total Retention Amount @ Net Total Items Subject to Retention 5% " I 830,314.00 I I 147,751.65 7,387.58 140,364.07 I 942,112.78 47,105.64 895,007.14 " I 1,089,864.43 54,493.22 1,035,371.21 Page 3 of 3 To: Date: From: Subject STAFF REPORT Honorable Mayor and City Council March 20, 2023 AGENDA NO: 8d MEETING DATE: March 20, 2023 Syed Murtuza, Director of Public Works — (650) 558-7230 Martin Quan, Senior Engineer — (650) 558-7230 Adoption of a Resolution to Quitclaim an Existing Easement and Accept a New City Maintenance Access Easement at 555 Airport Boulevard RECOMMENDATION Staff recommends that the City Council adopt the attached resolution to quitclaim an existing easement and accept a new City maintenance access easement at 555 Airport Boulevard. BACKGROUND On October 25, 2022, the Planning Commission approved an application for a new, eight -story office/research and development building and parking garage at 555 Airport Boulevard. An existing City maintenance access easement (MAE) runs through the parcel to existing City owned water mains that are located at the rear of the parcel'. The proposed building structures are in conflict with the existing MAE. As a condition of approval for the project, the applicant is required to quitclaim the existing MAE and establish a new MAE for the benefit of the City. Staff has reviewed the easement plat and legal description defining the new MAE and finds it is consistent with the conditions of approval and meets the City's needs. FISCAL IMPACT This action will not create any new financial responsibility and reestablishes the City's MAE. Funding for staff time to process this request is covered by the developer's project encroachment permit fees. Exhibits: • Resolution • Legal Description and Plat for MAE Quitclaim • Legal Description and Plat for MAE Establishment 'The City accepted the existing MAE pursuant to Resolution No. 80-98 on August 3, 1998. 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME FOR THE APPROVAL TO QUITCLAIM AN EXISTING EASEMENT AND ACCEPT A CITY MAINTENANCE ACCESS EASEMENT AT 555 AIRPORT BOULEVARD WHEREAS, on October 25, 2022, the Planning Commission approved an application for a new, eight -story office/research and development building and parking garage at 555 Airport Boulevard; and WHEREAS, an existing City maintenance access easement (MAE), accepted pursuant to Resolution No. 80-98, runs through the parcel to City water mains that are within an existing water easement located at the rear of the parcel; and WHEREAS, the proposed structures are in conflict with the existing MAE, and as a condition of approval for the project, the applicant is required to quitclaim the existing MAE and establish a new MAE for the benefit of the City; and WHEREAS, staff has reviewed the plat and legal description defining the new MAE, and the City's interest has been maintained. NOW, THEREFORE, BE IT RESOLVED: 1. The City Council approves to quitclaim and accept the City maintenance access easement at 555 Airport Boulevard. 2. This action will not create any new financial responsibility and reestablishes the City's maintenance access easement. 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 20t" day of March 2023, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Meaghan Hassel Shearer, City Clerk November 08, 2022 Jab No. A21074-1 Page 1 of 2 EXHIBIT "A" LEGAL DESCRIPTION MAINTENANCE ACCESS EASEMENT QUITCLAIM 555-557 AIRPORT BOULEVARD BURLINGAME, CALIFORNIA REAL PROPERTY IN THE CITY OF BURLINGAME, COUNTY OF SAN MATEO, A PORTION OF PARCEL "G" AS SHOWN IN VOLUME 52 OF PARCEL MAPS, AT PAGE 70 IN THE RECORDS OF SAID COUNTY, BEING A STRIP OF LAND 20.00 FEET WIDE, THE CENTERLINE OF WHICH 15 DESCRIBED AS FOLLOWS: AT THE MOST WESTERLY CORNER OF PARCEL "A" AS SHOWN IN VOLUME 28 OF PARCEL MAPS, AT PAGE 39, SAID POINT BEING ON A CURVE AND THE SOUTHEASTERLY RIGHT-OF-WAY OF AIRPORT BOULEVARD AS SHOWN ON SAID MAP, FROM WHICH CENTER BEARS NORTH 36° 29' 59" WEST, HAVING A RADIUS OF 643.50 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 04° 27' 25", AN ARC DISTANCE OF 50.06 FEET TO THE TRUE POINT OF BEGINNING; THENCE RADIAL TO SAID CURVE SOUTH 32- 02' 34" EAST, 10.00 FEET TO THE BEGINNING OF A CURVE TO THE LEFT, HAVING A RADIUS OF 55.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 57- 17, 45", AN ARC DISTANCE OF 55.00 FEET TO THE BEGINNING OF A REVERSE CURVE, HAVING A RADIUS OF 45.00 FEET; THENCE SOUTHEASTERLY ALONG SAID REVERSE CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 43- 20' 19", AN ARC DISTANCE 34.04 FEET; THENCE SOUTH 46' 00' 00" EAST, A DISTANCE OF 311.35 FEET TO THE BEGINNING OF A CURVE TO THE LEFT, HAVING A RADIUS OF 70.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 39- 44' 23", AN ARC DISTANCE OF 48.55 FEET; THENCE SOUTH 85' 44' 23" EAST, A DISTANCE OF 94.00 FEET; THENCE NORTH 44" 00' 00" EAST, A DISTANCE OF 51.52 FEET; THENCE SOUTH 46' 00' 00" EAST, A DISTANCE OF 105.00 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 30.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 46- 07' 51", AN ARC DISTANCE OF 24.15 FEET; THENCE SOUTH 00' 07' 51" WEST, A DISTANCE OF 24.96 FEET TO THE BEGINNING OF A CURVE TO THE LEFT, HAVING A RADIUS OF 45.00 FEET; Z:\2021\A21074-1\DOCS\SURVEY\LEGAL DESCRIPTION\MAE-QUITCLAIM\A21074-1-LD-MAE-QUITCLAIM.docx November 08, 2022 Job No. A21074-1 Page 2 of 2 THENCE SOUTHEASTERLY ALONG SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 20° 44' 40", AN ARC DISTANCE OF 16.29 FEET TO THE SOUTHERLY LINE OF SAID PARCEL "G", SAID POINT ALSO BEING THE POINT OF TERMINATION; THE SIDELINES OF SAID STRIP OF LAND SHALL BE LENGTHENED AND SHORTENED TO TERMINATE ON THE SOUTHEASTERLY RIGHT-OF-WAY OF AIRPORT BOULEVARD AND THE SOUTHERLY LINE OF SAID PARCEL „G„ END OF DESCRIPTION. LEGAL DESCRIPTION PREPARED BY KIER & WRIGHT CIVIL ENGINEERS AND SURVEYORS, INC. i1 (yl 3-L RODNEY A. STEWART II, LS 9225 DATE \Qp►b LAIYp� n �� u �e m It OF GAS\F Z:\2021\A21074-1\DOCS\SURVEY\LEGAL DESCRIPTION\MAE-QUITCLAIM\A21074-1-LD-MAE-QUITCLAIM.docz BASIS OF BEARINGS THE BEARING OF NORTH 85' 44' 23" WEST TAKEN ON THE CENTERLINE OF AIRPORT BOULEVARD AS SHOWN ON THAT AI BAY VIEW cFILED N \\\ C PLACE ' SUBDIVISION MAP ENTITLED "ANZA AIRPORT PARK UNIT N0.7" FlLED FOR RECORD ON JANUARY 15, 1979, IN VOLUME 98 OF MAPS AT / PAGES 90 THROUGH 92, RECORDS OF SAN MATEO COUNTY WAS TAKEN AS THE BASIS OF BEARINGS SHOWN HEREON. ` LANDS OF DYNASTY PROPERTIES CO LTD NOTES GRANT DEED SEE SHEET 3 FOR LEGEND, ABBREVIATIONS, )-sP ,/ \ (INST. N0, 2007-116143) AND LINE AND CURVE TABLES �' J��&N� O LAND SU ` s rF �LF� o ���t� �Al LANDS OF �_ 4�4�, 411 AIRPORT LLC Y J N w /ti ti� GRANT DEED (INST. NO. 2014-068841) no -<7E Cmt K Cr C mz� CC) Q� �� CD� p Z � It/Y( 22 oL POC �aa o TPOB o (BOB) c1 °o° � `✓ o LANDS OF PENINSULA— ° OWNER LLC LEASE 6127 CD (INST. NO. 2022-039666) a PORTION OF 02 PARCEL G NORTH I o '� (52M70 N� `v APN:026-36 -590 0 0 o 0 75' 150' 300' POT Scale 1" = 150' LANDS OF CITY OF BURLINGAME EXHIBIT IrBrl DATE NOVEMBER, 2022 KIER+WRIGHT SCALE 1"=150. o MAINTENANCE ACCESS EASEMENT QUITCLAIM BY LEII 3350 Scott Boulevard, Building 22 Phone: (408) 727-6665 555-557 AIRPORT BOULEVARD JOB NO. A21074-1 Santa Clara, California 95054 www.kiemright.com BURL.INGAME CALIFORNIA SHEET 1 OF 3 ?-A90)1AA911174-1Af1WF\CI ,3V�YVP! ATS\MAF-OIIITCI pIM\A9107C-1-Pfl-MAF—OIIITG AIM riven 11-11A-7'J n4 5r 5� o�n / Q c QvTPOB / / V e 441`��a POC l's Q 06 G51 \ � \ R L3 (R) �. y0• \ \ BOO, \ OO PORTION OF PARCEL G \�� (12 M APN:026-36 -590 _ S85'44'2 LANDS OF P (INST. LANDS OF CITY Or BURLINGAMr 100' ■ EXHIBIT "B" SCALE NOVEMBER1" = 100' o KIER+WRIGHT MAINTENANCE ACCESS EASEMENT QUITCLAIM BY LEII 3350 Scott Boulevard, Building 22 Phone: (408) 727-6665 555-557 AIRPORT BOULEVARD IOB NO. A21074-1 Santa Clara, California 95054 www.kiemright.com BURLINGAME CALIFORNIA SHEET 2 OF 3 7 A)i1^1AA11A74-1ACWfIA4IIRVFIVPI ATCAMAF-f1111T1'I AIM\Ai1074-1-PP-MAF- III IITf I A I K I H,-, 11-n,,-,'AU 71-SR ANA LINE TABLE LINE # DIRECTION LENGTH L1 N85'44'23"W 1536.03' L2 N14'49'03"W 43.50' L3 S32'02'34"E 10.00' L4 S85-423" E 94.00' L5 N44'00'00"E 51.52' L6 S46'00'00"E 105.00' L7 SO'07'51"W 24.96' 11i (R) CURVE TABLE CURVE # RADIUS DELTA LENGTH C1 600.00' 19'04'41" 199.78' C2 600.00' 31'10'56" 326.54' C3 643.50' 21'40'56" 243.52' C4 643.50' 17*13'31" 193.46' C5 643.50' 4'27'25" 50.06' C6 55.00' 57'17'45" 55.00' C7 45.00' 43*20'19" 34.04' 08 70.00' 39'44'23" 48.55' C9 30.00' 46'07'51" 24.15' C10 45.00' 20'44'40" 16.29' LEGEND & ABBREVIATIONS - - PROPERTY LINE ADJACENT PROPERTY LINE CENTERUNE - - - - - - - - - TIE LINE - - - - - - - NEW EASEMENT O FOUND BRASS DISK AS NOTED (T) APN ASSESSOR'S PARCEL NUMBER (BOB) BASIS OF BEARINGS DOC. DOCUMENT FND FOUND INST. NO. INSTRUMENT NUMBER M MAPS MON MONUMENT O.R. OFFICIAL RECORDS PLS PROFESSIONAL LAND SURVEYOR POC POINT OF COMMENCEMENT POT POINT OF TERMINATION (T) TOTAL TPOB TRUE POINT OF BEGINNING (R) RADIAL R/W RIGHT OF WAY W/ WITH EXHIBIT "B" NOVEMBER 0f1 KIER+WRIGHT SCALE NO SCALE MAINTENANCE ACCESS EASEMENT QUITCLAIM BY LEII 3350 Scott Boulevard, Building 22 Phone: (408) 727-6665 555-557 AIRPORT BOULEVARD JOB NO, A21074-1 Santa Clara, California 95054 www,klerwright.com BURLINGAME CALIFORNIA SHEET 3 OF 3 7-A90?1AV11174— ATS\MAF-01111C1 AIMVA°10F4—I—PF)-MAF-0111ICI AIM rlwn 11—n,�- AKI November 08, 2022 Job No. A21074-1 Page 1 of 2 EXHIBIT "A" LEGAL DESCRIPTION VARYING WIDTH MAINTENANCE ACCESS EASEMENT 555-557 AIRPORT BOULEVARD BURLINGAME, CALIFORNIA ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF BURLINGAME, COUNTY OF SAN MATEO, STATE OF CALIFORNIA, BEING A PORTION OF PARCEL "G" AS SHOWN UPON THAT CERTAIN PARCEL MAP FILED FOR RECORD ON JUNE 16, 1982, IN VOLUME 52 OF PARCEL MAPS, AT PAGE 70, SAN MATEO COUNTY RECORDS, THE CENTERLINE BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE WESTERLY CORNER OF SAID PARCEL "G", SAID CORNER BEING ON THE SOUTHERLY RIGHT-OF-WAY OF AIRPORT BOULEVARD (87 FEET WIDE) AS SHOWN ON SAID PARCEL MAP; THENCE EASTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY OF AIRPORT BOULEVARD, ALONG THE ARC OF A 643.50 FOOT RADIUS NON -TANGENT CURVE TO THE LEFT, WHOSE CENTER POINT BEARS NORTH 14° 49' 03" WEST, THROUGH A CENTRAL ANGLE OF 17° 00' 09", AN ARC DISTANCE OF 190.96 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHERLY RIGHT OF WAY LINE, THE FOLLOWING TEN (10) COURSES AND DISTANCES: 1. SOUTH 32' 02' 34" EAST, 6.86 FEET; 2. SOUTHEASTERLY ALONG THE ARC OF A 55.00 FOOT RADIUS CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 49° 06' 52", AN ARC DISTANCE OF 47.15 FEET TO A POINT OF REVERSE CURVATURE; 3. SOUTHERLY ALONG THE ARC OF A 30.00 FOOT RADIUS CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 1700 12' 35", AN ARC DISTANCE OF 89.12 FEET; 4. SOUTH 89' 03' 09" WEST, 97.04 FEET; 5. SOUTH 43' 44' 18" WEST, 65.05 FEET; 6. SOUTHERLY ALONG THE ARC OF A 40.00 FOOT RADIUS CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 89' 44' 18", AN ARC DISTANCE OF 62.65 FEET; 7. SOUTH 460 00' 00" EAST, 159.31 FEET; 8. SOUTHEASTERLY ALONG THE ARC OF A 50.00 FOOT RADIUS CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 39° 44' 23", AN ARC DISTANCE OF 34.68 FEET; 9. SOUTH 85' 44' 23" EAST, 528.37 FEET; 10. NORTH 90' 00' 00" EAST, 31.45 FEET; 11. SOUTH 45' 46' 20" EAST, 46.06 FEET, TO A POINT ON THE SOUTHERLY LINE OF SAID PARCEL "G", SAID POINT BEING DISTANT SOUTH 85° 44' 23" WEST, 741.45 FEET, FROM THE SOUTHWEST CORNER OF SAID PARCEL "G", SAID POINT ALSO BEING THE POINT OF TERMINATION. THE SIDELINES OF SAID STRIP OF LAND SHALL BE LENGTHENED AND SHORTENED TO TERMINATE ON THE SOUTHEASTERLY RIGHT-OF-WAY OF AIRPORT BOULEVARD AND THE SOUTHERLY LINE OF SAID PARCEL „G„ AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. END OF DESCRIPTION. 2:\2021\A21074-1\DOCS\SURVEY\LEGAL DESCRIPTION\MAE-REV\A21074-1-LD-MAE.docx November 08, 2022 Job No. A21074-1 Page 2 of 2 LEGAL DESCRIPTION PREPARED BY KIER & WRIGHT CIVIL ENGINEERS AND SURVEYORS, INC. RODNEY A. STEWART II, LS 9225 `ONpl LANDSG\ RODNEY A. O a STEWART 11 NNo.9245 ` OF CA1 \F�P i\zz DATE Z:\2021\A21074-1\DOCS\SURVEY\LEGAL DESCRIPTION\MAE-REV\A21074-1-LD-MAE.docx \/Ti x.L NORTH 0 75' 150' BAY VIEW PLACE NOTES PARCEL A 3EE SHEET 2 FOR BASIS OF (34 M 1-2) 3EARINGS, LEGEND, ABBREVIATIONS, AND LINE AND CURVE TABLES � Q ` �o CL OF I ` 16.00' M.A.E. P Scale 1 " = 150' � � � POB rT cn -- G1 12 \ _ POT n� C4_JI/ C5 PORTION OF DETAIL „A" Poc / -L3 PARCEL G ".T.S. o �l v / (52 M 70) 2 ( CIS Q� w I m '4- O oL o 0 ClCL OF SEE o DETAIL "A" i 0 20.00' M.A.E. PARCEL H 741.45' -- 229.85' (52 M_70) N8544'23"W 971_30' (T) POT ----------------- LANDS OF CITY Of BURLINGAME 0 KIER+WRIGHT 3350 Scott Boulevard, Building 22 Phone: (408) 727-6665 Santa Clara, California 95054 www.kierwright.com EXHIBIT "Br' DATE NOVEMBER, 2022 SCALE 1" = 150' MAINTENANCE ACCESS EASEMENT BY 555-557 AIRPORT BOULEVARD 30BNo. BURLINGAME CALI FOR NIA SHEET LEII A21074-1 1 OF 2 ,u— I. .... Lv.II,fV-Yvw L—AR�1F—K %ICY iiii,l——Vii—N4lI-_hFvnun it—n%—l/ 111 ,, 1, AM 1--lnn LINE TABLE LINE # DIRECTION LENGTH Li N31'49'12"W 643.50' L2 S32'02'34"E 6.86' L3 S89'03'09"W 97.04' L4 S43'44'18"W 65.05' L5 S46'00'00"E 159.31' L6 S85'44'23"E 528.37' L7 N90'00'00"E 31.45' L8 S45`46'20"E 46.06' 101 CURVE TABLE CURVE # RADIUS DELTA LENGTH C1 643.50' 21'40'56" 243.52' C2 643.50' 17'00'10" 190.96' C3 643.50' 4'40'46" 52.56' C4 55.00' 49'06'52" 47.15' C5 30.00' 170'12'35" 89.12' C6 40.00' 89*44'18" 62.65' C7 50.00' 39'44'23" 34.68' LEGEND & ABBREVIATIONS ------ PROPERTY LINE ADJACENT PROPERTY LINE - - - - EASEMENT CENTERUNE - - - - - - - NEW EASEMENT CL CENTERUNE M MAPS M.A.E. MAINTENANCE ACCESS EASEMENT NO. NUMBER N.T.S. NOT TO SCALE POB POINT OF BEGINNING POC POINT OF COMMENCEMENT POT POINT OF TERMINATION (R) RADIAL R/W RIGHT OF WAY (T) TOTAL BASIS OF BEARINGS THE BEARING OF NORTH 85' 44' 23" WEST TAKEN ON THE CENTERUNE OF AIRPORT BOULEVARD AS SHOWN ON THAT CERTAIN SUBDIVISION MAP ENTITLED "ANZA AIRPORT PARK UNIT NO.7" FILED FOR RECORD ON JANUARY 15, 1979, IN VOLUME 98 OF MAPS AT PAGES 90 THROUGH 92, RECORDS OF SAN MATEO COUNTY WAS TAKEN AS THE BASIS OF BEARINGS SHOWN HEREON. EXHIBIT 1111311 DATE NOVEMBER, 2022 41V KIER+WRIGHT SCALE NO SCALE MAINTENANCE ACCESS EASEMENT BY LEII 3350 Scott Boulevard, Building 22 Phone: (408) 727-6665 555-557 AIRPORT BOULEVARD JOB NO. A21074-I Santa Clara, California 95054 www.kiemright.com BURLINGAME CALIFORNIA SHEET 2 OF 2 i ii i�� iii,�—i�i umu.�i i_. e-v,W �iAAA"IlF—KFV/�".il,,_ i—VI1—Ad �+—HFV/ri�em ll—IIH_.'J, I10'`.n'1H 4pd Icmnnn BUR— IN�AAGENDA NO: 8e STAFF REPORT MEETING DATE: March 20, 2023 To: Honorable Mayor and City Council Date: March 20, 2023 From: Lisa K. Goldman, City Manager — (650) 558-7243 Helen Yu -Scott, Finance Director — (650) 558-7222 Subject: Adopt a Resolution Authorizing the City Manager to Execute Professional Services Agreement with Hinderliter, De Llamas & Associates (HdL) to Include Business License Tax and Transient Occupancy Tax Operations Manaqement, Discovery, and Audit Services RECOMMENDATION Staff recommends that the City Council adopt a Resolution authorizing the City Manager to execute a Professional Services Agreement ("Agreement") for Sales Tax Audit and Information Services with Hinderliter, de Llamas & Associates ("HdL") to include Business License Tax and Transient Occupancy Tax Operations management, discovery, and audit services. BACKGROUND The City of Burlingame Municipal Code (Title 6, Chapter 6.04.040 — License required) states that "No person shall transact and carry on any business, trade or profession, calling or occupation in the city without first having procured a license or without first having paid to the city the license tax provided herein, and to do so without complying with all such regulations shall constitute a separate violation of this code for each and every day that such business is so carried on." The Finance Department collects all business license applications and fees. The Community Development Department reviews in -city licenses and conducts any necessary inspections, consistent with Municipal Code Chapter 6.04.230, License of New Business — Approval, to ensure compliance with zoning, building, and other public health and safety code requirements. All departments work together to keep up with State and local law changes and ensure active businesses in the city follow the current regulations and statutes. The City has about 6,000 business licenses and receives over $600,000 annually in revenue from the issuance and renewal of business licenses. On November 8, 2022, voters passed Measure X to update Burlingame's business licensing by increasing the rate from a flat rate of $100 per license to a rate ranging from $200 to $750, with the highest rate on larger businesses, and 5% gross receipts for non -storefront marijuana businesses. The new tax rates will be effective on July 1, 2023. The City of Burlingame Municipal Code (Title 4, Revenue and Finance, Chapter 4.09 — Uniform Transient Occupancy Tax) sets the tax rate and related requirements for reporting and remitting 1 Business License Tax and TOT Administration March 20, 2023 tax payments. The Finance Department receives Transient Occupancy Tax (TOT) payments from operators of hotels/motels (11 in the city). All TOT payments are remitted monthly by operators of hotels/motels at a rate of 12% of the rent amount charged. Revenue from Transient Occupancy Tax payments is estimated at $15.7 million in FY 2022-23. DISCUSSION On June 19, 1990, the City of Burlingame executed a contract with Hinderliter, de Llamas & Associates (HdL) to provide sales tax consulting services to the City. The services provided include analysis and reporting, revenue forecasting, revenue recovery, and legislative analysis. The City executed separate agreements in 1991 and 2018 to expand its services and include audit and information services related to Measure I revenues. Staff recommends entering into a new Agreement with HdL for Business License and Transient Occupancy Tax operations management, discovery, and audit services. There are several benefits to engaging with HdL for Business License Tax and TOT operations management, discovery, and audit services. Continued monitoring of tax reporting is imperative to increasing compliance and mitigating errors that my otherwise lead to increased collection efforts. HdL's auditing and consulting services decrease the administrative burden on staff. The City would also benefit from streamlined processing and enhanced customer services as HdL has a larger group of staff, online reporting and filing tools, and multiple payment options available for businesses. HdL will also ensure accurate fillings by leveraging information from the state's sales tax and franchise tax systems compared against the City's database. Using a consultant who has this process already in place will simplify the process and increase compliance with Burlingame's Municipal Code, laws, and regulations. A number of other cities utilize HdL for these services and are pleased with their work. As a California -based business, HdL employees are knowledgeable in California tax laws. Additionally, HdL's service team is comprised of individuals with extensive experience in business license tax and TOT administration and discovery, financial management, and economic development. The City also has a long and positive history of using HdL for sales tax and property tax consultation services. Business License Tax Administration HdL's Certified Revenue Managers will have a concentrated focus on customer service and education, and their management program will reduce several inefficient and duplicative processes that are very labor intensive and cumbersome for staff and business license customers. Some of the customer service and process improvements the city will achieve by utilizing the HdL system are listed below: • Online application and renewal filing for businesses. • Online instant access to reporting • Payment lock -box processing • Extended hours customer service support for businesses • Customer -focused service 2 Business License Tax and TOT Administration March 20, 2023 In addition, HdL Solutions will oversee all business license and TOT tax compliance services as well. These services are related to revenue and discovery audits to ensure unlicensed businesses are identified and comply with City ordinances. The compliance management consists of the following three services: Discovery Service - Balancing enforcement with customer service, the Discovery Service will ensure compliance with City regulations by finding unregistered businesses operating brick -and - mortar stores, home -based, and out -of -city businesses. Audit Service - The Business Tax Audit program confirms that registered businesses are compliant with local reporting requirements. Audits allow the city to maintain its fiduciary and tax administration responsibilities as well as ensure a level playing field for those businesses that are reporting accurately. Collections -The Collections Program provides collection services on known delinquencies as well as unknown debt from non -responsive and closed businesses, allowing for removal of accounts cluttering the City's ERP system. In addition to the increased revenues received, HdL will provide key demographic updates to the registration data referred for collections. The result is increased tax and license revenues as well as a cleaner, more reliable registration file. Staff is continuously evaluating opportunities for process improvements and to make doing business with the city easier. Outsourcing tasks associated with this tax collection function will allow better and more efficient customer service. Business license customers that come into City Hall demand significant staff time, which can result in customers experiencing significant delays in getting service, including responses to questions. HdUs online system allows for business license customers to access the business support center for filing, payment, and support 24 hours a day. Transient Occupancy Tax Administration Through HdUs TOT Administration Program, the City would benefit from streamlined return processing, online reporting, and increased revenues. The lodging community would experience benefits such as online filing and payment options, dedicated customer service, and consistent monitoring of returns designed to identify errors before penalties and interest accrue. HDL's TOT administration would consist of the following areas: • Tax registration database management • New account processing • Renewal account processing • Payment processing • Customer support center • Online filing and payment processing • Compliance monitoring & lodging provider audits • Annual reports FISCAL IMPACT There is no fiscal impact to the current fiscal year budget. The costs associated with this Agreement will be included in the fiscal year 2023-24 budget. The additional consulting fees for the Agreement would increase by approximately $105,000 for year one, which includes a one-time implementation fee of $5,000. 3 Business License Tax and TOT Administration March 20, 2023 • Business License Tax — 1) 15.00 per processed business license account, which will be adjusted by the Consumer Price Index (CPI) every year; 2) 35% of revenue collected for the business license tax discovery; and 3) 35% of revenues collected under the business license tax audit. There will be additional cost savings of approximately $10,000 per year for software and supplies costs as HdL will be providing an online platform and will send out the renewal notices on behalf of the city. • Transient Occupancy Tax — The Agreement would charge $800 per hotel per year for TOT, which will be adjusted by the Consumer Price Index (CPI) every year. Exhibits: • Resolution • Agreement C RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICE AGREEMENT WITH HINDERLITER, DE LLAMAS & ASSOCIATES (HdL) TO INCLUDE BUSINESS LICENSE TAX AND TRANSIENT OCCUPANCY TAX OPERATIONS MANAGEMENT, DISCOVERY, AND AUDIT SERVICES. WHEREAS, the City of Burlingame wishes to contract for Business License Tax and Transit Occupancy Tax operations management, discovery, and audit services; and WHEREAS, Hinderliter, de Llamas and Associates (HdL) wishes to provide such services and prepared a proposal dated March 13, 2023. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Burlingame hereby approves and authorizes the City Manager to execute a Professional Service Agreement with Hinderliter, de Llamas and Associates, in the form attached hereto, for Business License Tax and Transient Occupancy Tax operations management, discovery, and audit services. Michael Brownrigg Mayor I, Meaghan Hassel -Shearer, Clerk of the City of Burlingame, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the Burlingame City Council held on the 201h day of March 2023, by the following vote to wit: AYES: Councilmembers NOES: Councilmembers ABSENT: Councilmembers Meaghan Hassel -Shearer, City Clerk CITY OF BURLINGAME PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered into as of , 2023, by and between the City of Burlingame, a public agency organized and operating under the laws of the State of California with its principal place of business at 501 Primrose Road, Burlingame, CA 94010 ("City"), and Hinderliter De Llamas & Associates (HdL), a California Corporation with its principal place of business at 120 South State College Blvd. Suite 200, Brea, CA 92821 (hereinafter referred to as "Consultant"). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. RECITALS A. City is a public agency of the State of California and is in need of professional services for the following project: To provide Business License Tax and Transient Occupancy Tax operations management, discovery, and audit services (hereinafter referred to as "the Project"). B. Consultant is duly licensed and has the necessary qualifications to provide such services. C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein. AGREEMENT NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 0arvicac Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit "A." 2. Compensation. a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit "A." b. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis. 3. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall 83717.00002\34021673.1 be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement. 4. Maintenance of Records. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City. 5. Term The term of this Agreement shall be from March , 2023 to June 30, 2028, with an option to extend the agreement as needed, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed ("Notice to Proceed"). The Notice to Proceed shall set forth the date of commencement of work. 6. Delays in Performance. a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non- performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; pandemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint. b. Should such circumstances occur, the non -performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. 7. Compliance with Law. a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. 8. Standard of Care Consultant's services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 2 83717.00002\34021673.1 9. Assignment and Subconsultant Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder. 10. Independent Contractor Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. 11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability (i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following: (1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following: (1) Bodily Injury and Property Damage (2) Personal Injury/Advertising Injury (3) Premises/Operations Liability (4) Products/Completed Operations Liability (5) Aggregate Limits that Apply per Project (6) Explosion, Collapse and Underground (UCX) exclusion deleted (7) Contractual Liability with respect to this Agreement (8) Property Damage (9) Independent Contractors Coverage 3 83717.00002\34021673.1 (iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement. (v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self -insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. Automobile Liability (i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non -owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto). (iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self -insured retention. C. Workers' Compensation/Employer's Liability (i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. (ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the "Workers' Compensation and Insurance Act," Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer's Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers' compensation coverage of the same type and limits as specified in this section. 4 83717.00002\34021673.1 d. Professional Liability (Errors and Omissions) At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form specifically designed to protect against acts, errors or omissions of the Consultant. "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. e. Minimum Policy Limits Required (i) The following insurance limits are required for the Agreement: Limits Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property damage Automobile Liability $1,000,000 combined single limit Employer's Liability $1,000,000 per accident or disease Professional Liability $1,000,000 per claim and aggregate (errors and omissions) (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. Evidence Required Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer's equivalent) signed by the insurer's representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. g. Policy Provisions Required 5 83717.00002\34021673.1 (i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant's policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims -made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant's indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. Qualifying Insurers (i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: (1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. 6 83717.00002\34021673.1 Additional Insurance Provisions (i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 12. Indemnification. a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers. b. If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance of "design professional" services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims 7 83717.00002\34021673.1 that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault. C. In no event will CONSULTANT be liable for any CITY monies not collected by CONSULTANT, or any special, incidental, or consequential damages of any nature. CONSULTANT's duty to indemnify and hold harmless CITY shall not apply to claims for liability which arise from the issuance or non -issuance of any registration, license, permit, or exemption. 13. California Labor Code Requirements. a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects ("Prevailing Wage Laws"). If the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. b. If the services are being performed as part of an applicable "public works" or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. C. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant's performance of services, including any delay, shall be Consultant's sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from 8 83717.00002\34021673.1 any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor. 14. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same. 15. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Mateo, State of California. 16. Termination or Abandonment a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (30) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work. b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days' written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant. 17. Documents. Except as otherwise provided in "Termination or Abandonment," above, all final original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City. 18. Organization Consultant shall assign Josh Davis as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City. 19. Limitation of Agreement. 9 83717.00002\34021673.1 above. This Agreement is limited to and includes only the work included in the Project described 20. Notice Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to: CITY: City of Burlingame 501 Primrose Road Burlingame, CA 94010 Attn: Helen Yu -Scott, Finance Director and shall be effective upon receipt thereof. 21. Third Party Rights CONSULTANT: Hinderliter De Llamas & Associates (HdL) 120 S. State College Blvd., Suite 200, Brea, CA 92821 Attn: George Bonnin, Contract Administrator Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant. 22. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 23. Entire Agreement This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement. 24. Severability The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the remaining provisions unenforceable, invalid or illegal. 10 83717.00002\34021673.1 25. Successors and Assigns This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void. 26. Non -Waiver None of the provisions of this Agreement shall be considered waived by either Party, unless such waiver is specifically specified in writing. 27. Time of Essence Time is of the essence for each and every provision of this Agreement. 28. City's Right to Employ Other Consultants City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects. 29. Prohibited Interests Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. [SIGNATURES ON FOLLOWING PAGE] 11 83717.00002\34021673.1 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF BURLINGAME AND HINDERLITER DE LLAMAS & ASSOCIATES (HDL) IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF BURLINGAME Approved By. - Lisa K. Goldman City Manager HINDERLITER DE LLAMAS & ASSOCIATES (HDL) Signature Date Name Attested By: Title City Clerk Approved As To Form: City Attorney 12 83717.00002\34021673.1 Date EXHIBIT A SCOPE OF SERVICES Business License Tax Administration Services Consultant will provide the following Services relative to Client's business license tax administration. 1. Operations Management Services 1.1. Establish and maintain database of Client businesses. 1.2. Receive and process applications, renewals and payments in a timely fashion. 1.3. Send renewal notices to active businesses within 30 days of the renewal period end date or at another interval specified by Client. 1.4. Provide businesses multiple options for submitting applications, renewals, payments, or support requests (including via website, email, mail, phone, and fax. Consultant license specialists will be available for live interactions Monday through Friday, 8:00am to 5:00pm Pacific). 1.5. Remit revenue to Client no less than monthly. 1.6. Provide Client staff access to website portal offering business registry inquiry, reporting, and electronic department approval capabilities. 2. Compliance Services: 1) Identify and register businesses which are subject to licensure or taxation, 2) collect known debt as pertains to business license or tax, and 3) identify under -reported tax liability. 2.1. Discovery Services 2. 1. 1. Develop a list of businesses subject to Client licensure or taxation. 2.1.2.Notify non -compliant businesses of their options to comply or dispute their non -compliant status. Notification and support to businesses will be facilitated through the website, mail, email, phone and fax. 2.1.3.Review information and forms submitted by the business for completion and accuracy, inclusive of any additional required documentation (i.e. home occupation permit). All submissions are filed and stored electronically and made available to Client upon request. 2.1.4.Provide businesses with detailed invoicing and options to pay via website, mail, and phone. 2.1.5.Remit revenue to Client no less than monthly, along with all business applications and any additional documentation. 2.2. Collection Services 2.2.1.Identify businesses subject to Client licensure or taxation which have known debt to Client and have failed to pay within an appropriate time frame. 2.2.2.Notify businesses of their options to comply or dispute their non -compliant status. 2.2.3.Provide businesses with detailed invoicing and options to pay via website, mail and phone. 2.2.4.Remit revenue to Client no less than monthly. 2.3. Audit Services 2.3.1. Identify potential under -reporting and/or misclassified businesses. 2.3.2.Audit businesses mutually agreed to by Client and Consultant that are identified as potential under -reporting businesses. 2.3.3. Submit audit summaries to Client and discuss further actions. 2.3.4.Educate businesses on proper reporting practices. 2.3.5.Invoice and collect identified delinquencies. 13 83717.00002\34021673.1 3. Online Payment Processing — Consultant's services include PCI compliant payment processing services powered by FIS Global, which supports both credit card and eCheck transactions. 3.1. Client Responsibilities 3.1.1.As a condition to its receipt of the Service, Client shall execute and deliver any and all applications, agreements, certifications or other documents required by FIS Global, Networks or other third parties whose consent or approval is necessary for the processing of Transactions by FIS Global. "Network" is an entity or association that operates, under a common service mark, a system which permits participants to authorize, route, and settle Transactions among themselves, including, for example, networks operated by VISA USA and Mastercard, Inc., NYCE Corporation, American Express, and Discover. 3.1.2.Client hereby grants Consultant the full right, power and authority to request, receive and review any Data or records reflected in a Transaction report. Client represents and warrants that it has the full right and authority to grant these rights. FEES 4. Operations Management Services 4.1. Fees for performing business license tax operations management Services shall be $15.00 for each processed account, which is any account for which an application or renewal/return was processed, or active account which was sent a renewal notice. 4.2. Fees will be increased as of January 1 st of each calendar year by an annual Consumer Price Index and not to exceed a maximum increase of 4% per year. 4.3. Fees related to travel and lodging expenses are billed at cost and apply to all meetings (including implementation, training, operations and support). Travel expenses only apply to out of scope travel and must therefore be pre -approved by Client. 4.4. Fees will be invoiced monthly to Client for Services performed during the prior month. Fees will be netted out of Client's monthly revenue disbursement. Client will submit payment for any balance due to Consultant within 30 days of receiving the invoice. 5. Compliance Services 5.1. Fees for performing compliance Services apply to all monies received for the current tax/license period and any other prior period collected (including monies received for taxes, penalties, interest, and fees). 5.1.1.Fees for performing discovery Services shall be a contingency Fee of 35% of the revenues received as a result of the Services. 5.1.2.In the event that Client discovers a non -compliant business and reports the business to Consultant (including a calculation of all taxes/fees due), Consultant will categorize the business as a collection service effort and thus apply the lower collection Services contingency Fee rate. 5.1.3.Fees for performing collection Services shall be a contingency Fee of 25% of the revenues received as a result of the Services. 5.1.4.Fees for performing audit Services shall be a contingency Fee of 35% of the revenues received as a result of the Services. 5.2. Consultant recognizes Client's authority to waive or reduce the tax/fee debt of a business. Should Client decide to do so for a business whose deficiency was identified by Consultant, Consultant shall be entitled to compensation in the amount of one half (1/2) of the Fees Consultant would 14 83717.00002\34021673.1 have otherwise earned. Deficiencies which are uncollectable due to insolvency or dissolution of the business, or for deficiencies which are otherwise incapable of collection (i.e. statute of limitation or other legal defense) shall not be considered a Client voluntary election to waive, and thus, Consultant would not be entitled to compensation related thereto under this provision. 5.3. Fees related to travel and lodging expenses are billed at cost and applied to all meetings (including implementation, training, operations, and support). Travel expenses only apply to out of scope travel and must therefore be pre -approved by Client. 5.4. Fees will be invoiced monthly to Client for Services performed during the prior month. Fees will be netted out of Client's monthly revenue disbursement. Client will submit payment for any balance due to Consultant within 30 days of receiving the invoice. 6. Payment Processing — Consultant will configure payment processing services to utilize a taxpayer funded model (convenience fee). 6.1.1.Credit and debit card processing — 2.9% of transaction amount, minimum of $2.00 6.1.2.ACH/eCheck processing - $1.25 per transaction. 6.1.3.Returned payments/NSF fee — Each occurrence of a card chargeback, returned payment or insufficient funds will incur a fee of $25.00, to be applied to the taxpayers account. 6.1.4.Consultant reserves the right to review and adjust pricing related to payment processing services on an annual basis. Consultant will communicate any such adjustment to Client in writing, with 60 days advance notice. Items that will be considered in the review of fees may include, but are not limited to: regulatory changes, card association rate adjustments, card association category changes, bank/processor dues and assessments, average consumer payment amounts, card type utilization, and costs of service. IN WITNESS WHEREOF, the parties hereto have entered into this Schedule D to the MSA through their duly authorized representatives as of , 2023. CONSULTANT: Hinderliter De Llamas & Associates 15 83717.00002\34021673.1 CLIENT: City of Burlingame, CA SCOPE OF SERVICES Transient Occupancy Tax Administration Services Consultant will provide the following Services relative to Client's transient occupancy tax administration. 7. Operations Management Services 7.1. Establish and maintain database of Client lodging providers. 7.2. Receive and process registrations, tax returns and payments in a timely fashion. 7.3. Provide lodging providers multiple options for submitting registrations, tax returns, payments, or support requests (including via website, email, mail, phone, and fax. Consultant tax specialists will be available for live interactions Monday through Friday, 8:00am to 5:00pm Pacific). 7.4. Remit revenue to Client no less than monthly. 7.5. Provide Client staff access to website portal offering lodging provider registry inquiry and reporting capabilities. 7.6. Endeavor to ensure accurate filings of returns by consistently monitoring returns, providing compliance audits, and educating lodging providers as mutually agreed to by Client and Consultant. 7.7. Provide analysis reports monthly and annually provide revenue trends and key insights on Client lodging providers. 8. Online Payment Processing — Consultant's services include PCI compliant payment processing services powered by FIS Global, which supports both credit card and eCheck transactions. 8.1. Client Responsibilities 8.1.1.As a condition to its receipt of the Service, Client shall execute and deliver any and all applications, agreements, certifications or other documents required by FIS Global, Networks or other third parties whose consent or approval is necessary for the processing of Transactions by FIS Global. "Network" is an entity or association that operates, under a common service mark, a system which permits participants to authorize, route, and settle Transactions among themselves, including, for example, networks operated by VISA USA and Mastercard, Inc., NYCE Corporation, American Express, and Discover. 8.1.2.Client hereby grants Consultant the full right, power and authority to request, receive and review any Data or records reflected in a Transaction report. Client represents and warrants that it has the full right and authority to grant these rights. FEES 9. Operations Management Services 9.1. Fees for performing transient occupancy tax administration management Services shall be $800.00 per year for each filing property. 9.2. Fees will be increased as of January 1 st of each calendar year by an annual Consumer Price Index and not to exceed a maximum increase of 4% per year. 9.3. Fees related to travel and lodging expenses are billed at cost and apply to all meetings (including implementation, training, operations and support). 16 83717.00002\34021673.1 9.4. Fees will be invoiced monthly to Client for Services performed during the prior month. Fees will be netted out of Client's monthly revenue disbursement. Client will submit payment for any balance due to Consultant within 30 days of receiving the invoice. 10. Payment Processing — Consultant will configure payment processing services to utilize a taxpayer funded model (convenience fee). 10.1.1. Credit and debit card processing — 2.9% of transaction amount, minimum of $2.00 10.1.2. ACH/eCheck processing - $1.25 per transaction. 10.1.3. Returned payments/NSF fee — Each occurrence of a card chargeback, returned payment or insufficient funds will incur a fee of $25.00, to be applied to the taxpayers account. 10.1.4. Consultant reserves the right to review and adjust pricing related to payment processing services on an annual basis. Consultant will communicate any such adjustment to Client in writing, with 60 days advance notice. Items that will be considered in the review of fees may include, but are not limited to: regulatory changes, card association rate adjustments, card association category changes, bank/processor dues and assessments, average consumer payment amounts, card type utilization, and costs of service. IN WITNESS WHEREOF, the parties hereto have entered into this Schedule E to the MSA through their duly authorized representatives as of , 2023. CONSULTANT: CLIENT: Hinderliter De Llamas & Associates (HdL) City of Burlingame, CA By: By: Its: Its: 17 83717.00002\34021673.1 EXHIBIT B Schedule of Charges/Payments Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detailed progress report that indicates the amount of budget spent on each task. Consultant will inform City regarding any out -of -scope work being performed by Consultant. 18 83717.00002\34021673.1 City of Burlingame, CA Tax & Fee Administration Services March 13, 2023 HdLO Companies Dear Helen, Thank you for the opportunity to present this revised proposal for HdL's Services: • HdL Transient Occupancy Tax and HdL Business License Tax Administration Services Please be advised that we maintain a busy implementation schedule throughout the year. Your position in the implementation schedule will be determined when a signed agreement is received. This proposal is valid until: May 31, 2023. Should you have any questions, please contact me at 888.861.0220 or by email at cduckworth(a)hdlcompanies.com. Tax and Fee Services Service Business License Tax Administration (includes Discovery/Audits) Compliance Services • Revenue Discovery • Audits Implementation Fee Transient Occupancy Tax Administration Transient Occupancy Tax - BID Compensation $15.00/per processed record + CPI 35% of all revenue 35% of all revenue $5,000.00 $800.00/property/year + CPI Monthly Filers $2,400.00 /year + $15.00/Filing + CPI Payment transactions are subject to typical payment processing and returned payment fees. HdL supports both agency funded (fees paid by City) and convenience fee (fees paid by taxpayer) models. HDL BUSINESS LICENSE TAX ADMINISTRATION SERVICES General Scope of Services Business License Tax Administration (Includes Revenue Discovery and Audits) The Business License Tax Administration Service provides a turnkey approach for local governments that need assistance with administering business license taxes. Our team of experts can manage all or parts of the business tax operations conducted by the City. When combined with the Compliance Management services, the City receives the benefit of increased revenues and superior customer service, while reducing internal costs and gaining efficiencies. HdL will transfer the City's existing databases as they relate to business license tax into HdL's internal administration tools. HdL will maintain the data and provide access to or copies of data or reports at the City's request. While access to online systems will be available for the City to use at their discretion, the City will not be required to use or maintain any software in house for managing the business license registry. Renewal Processing — Send active business license accounts a renewal notice within 45 days of the renewal period ending. Accounts will receive all applicable forms necessary to complete the renewal process. New Account Processing — HdL will process any new business license applications and complete the new account registration process in a timely fashion. HdL will also facilitate intra- city departmental approvals such as zoning, code compliance, fire inspection, and other regulatory related functions. Delinquent Account Processing — HdL will endeavor to collect delinquent accounts through a series of City approved processing methods. This will include at minimum two follow up delinquent notice and up to two telephone calls. Delinquent accounts will be collected with full penalties as allowed by the Municipal code or through current City practices. Accounts that remain delinquent will be processed through the City approved processes established in HdL's collections component of the Compliance Management Program. On -Line Filing & Payment Processing — HdL registers a City approved domain name which will serve as the starting point for all web -based activities. This City specific site is designed to look and feel like the City's own web pages and ensures a level of continuity between the business community, the City, and HdL. With HdL Flex File, businesses can choose to file their new business registration as well as renew their license and make payments via our on-line filing portal. In addition to filing and paying for taxes, businesses can obtain copies of applications, general support and FAQs, schedule appointments and request copies of their tax registration all with the click of a button. Our on-line services underscore HdL's commitment to excellence in customer service and education by continually improving the registration and payment experience for the business community. Payment Posting/Processing — HdL will process all payments received in an expedited manner. License accounts will be updated daily with payment information and revenues to be disbursed to the City net applicable fees at an interval to be agreed to during the project planning phase. Disbursements typically occur monthly but can be remitted as often as weekly depending on volumes and City needs. HdL's payment acceptance process accepts the following payment types: ✓ Check / Money Order /Cashier's Check ✓ E-Check ✓ Debit Cards ✓ Credit Cards (Visa, Mastercard, Discover, & American Express) ✓ Check by Phone HdL currently utilizes multiple payment gateway providers for on-line payment acceptance. HdL will work with the City to determine which provider, rate structures, and card types meet the City's needs. HdL can also utilize the same provider and process used by the City's current on-line functionality. Business Support Center — HdL will provide businesses with multiple support options for registering, renewing, making payments and for general inquiries. A toll -free number will be provided to businesses in order to access one of our license specialists Monday -Friday 8:OOam to 5:OOpm Pacific. Businesses will also have access to support via, e-mail, fax, and via the Business Support Center On -Line. HdL constantly monitors quality control points to ensure courteous customer service, minimal hold times under 2 minutes, and the return of voice messages the same business day. Business License Tax - Revenue Discovery Enriched Data Portfolio / Lead Identification — Utilizing data provided by the City, as well as the HdL Enriched Data Portfolio (EDP), HdL's team builds an enhanced listing of entities subjected to licensure or taxation including, but not limited to, those businesses physically located in the City, itinerant businesses, and entities participating in the sharing economy such as short- term rentals (STRs), drive sharing services and others. These entities are electronically matched to the existing files of the City using advanced data matching algorithms, allowing HdL staff to identify which entities are compliant and which entities require follow up. Field Surveys — Experienced field crews, equipped with the most advanced tools available (mobile mapping/GPS systems, tablet computers pre -loaded with various City and state-wide databases, etc.) may canvass commercial areas of the City to develop and enhance the leads identified in the EDP. Field Surveys provide additional inventories of active businesses as well as to provide on -site verifications of data culled from other sources. Exception Resolution — Records are reviewed by our skilled team members, filtering out records that may lead to erroneous contacts. This extra step allows staff to find additional revenues not otherwise identifiable through electronic means and assists in reducing potential complaints levied at City staff and management from pursuit of false positives. Compliance Communication and Outreach — Upon exception resolution, HdL staff initiates contact with the identified entities through a series of City approved communication methods. HdL makes every effort to simplify the process for taxpayers and utilizes a variety of mediums for communication including mail, telephone, email and web -site access. Potential non -compliant entities are notified of their options to comply or dispute their non -compliant status. Initial notification packets include everything a business needs to become compliant and multiple methods of resolving their accounts. Business Support Center — HdL operates a business support and service center where the business community can access expert staff during normal business hours. Businesses calling our toll -free line can expect minimal hold times along with access to a variety of options which include filing support, payment options, resolution of specific tax issues and other services designed to reduce the burden of registering and filing taxes. Our team of experts, including our resident Certified Revenue Officers (CRO), implements a business friendly and education centric approach to supporting the business community in all aspects of the management and compliance process. Business Support Center Online — Businesses are encouraged to take advantage of the range of services available on-line, 24 hours a day, seven days a week. With HdL Flex File, businesses can choose to file their new business registration as well as make payments via our on-line filing portal. In addition to filing and paying for taxes, businesses can obtain copies of applications, general support and FAQs, schedule appointments and request copies of their tax registration all with the click of a button. Our on-line services underscore HdL's commitment to excellence in customer service and education by continually improving the registration and payment experience for the business community. Document Submission / Processing — Whether the taxpayer chooses to respond by mail, email or our online filing website, each application submission is reviewed for completion and accuracy prior to processing. Any additional documentation needed to complete the approval of a submission, such as a home occupation permit, can also be requested or forwarded to other City departments either as a pre -requisite or as a courtesy to the business. All submissions are filed and stored electronically and made available to the City via standard reporting processes or upon request. Invoicing — Once an application is approved, invoices are forwarded to the taxpayer indicating detailed tax calculations and balances owed. Taxpayers are provided the opportunity to pay their balances via mail, online, or over the phone services. Taxpayers will also have continued access to our Business Support Center for any questions or disputes arising from the invoice process. Registry Update — Upon collection of all requirements which may include the payment, application and/or other documentation, HdL will prepare a Registry Update package to include payment as well as copies of all taxpayer correspondence and other relevant information. Data in the City registry file stored in the HdL Prime Software Suite is updated daily with packages from the Compliance Management Services. Once completed, the business will be processed through the standard processes approved through the HdL Operations Management Component. Business License Tax — Audits Analysis & Selection — Audit candidates are selected using a variety of selection methodologies developed by our audit team using decades of business license tax audit experience. Preliminary analysis reports on each business selected are shared with the City prior to moving through the audit phases. Audit Notification & Scheduling — Businesses selected by HdL and approved by the City are sent a letter notifying them of a scheduled Compliance Analysis Audit. Every effort is made to promote a positive experience for the taxpayer. A detailed description of the requirements and relevant documentation required for the audit is provided to the business 2 weeks in advance of the proposed audit date. If the business is unable meet the audit date selected by the City all efforts to reschedule the audit to a more accommodating date will be made. Businesses are also afforded the opportunity to schedule flexible appointment times by contacting the Business Support Center or visiting our online support center. Compliance Analysis & Audit — The HdL audit team will audit the financial records of the business to determine compliance with business tax regulations. HdL validates taxing variables such as gross receipts and other relevant information for determining compliance. In addition to identifying underreporting issues, the HdL Audit Program will also focus on other compliance related issues such as assuring correct classifications, multiple location allocation, apportionment issues, and identifying business to business relationships that may create tax liability for 3rd parties. Audit & Compliance Report — Upon completion of the audit and analysis, and prior to additional actions, a compliance report will be generated and reviewed with the City. The report will indicate specific results of the review and recommended future actions. Documentation that substantiates the findings in the report will be included with the report to assist the City and HdL in determining next step of the process. Deficiency and Commendation Notification — Upon final review of the audit and analysis report businesses that are found to have deficiencies will be notified of the findings as well as the payment and appeal processes. HdL will also work with businesses found to be deficient to explain the current findings and educate taxpayers on proper future filing procedures so as to prevent future errors and deficiencies. Businesses found to be in compliance, will be sent a commendation letter thanking them for their compliance. Invoicing & Collections — Business found to be underreporting are invoiced through the standard City approved collections process. Balances are collected and remitted along with supporting documentation to the City through the approved remittance processes. TRANSIENT OCCUPANCY TAX ADMINISTRATION General Scope of Services HdL's transient occupancy tax administration service goes beyond scheduled cyclical audits, providing compliance monitoring of each return as it is filed while unburdening the City from the day-to-day administration of the TOT revenue program. Continual monitoring of returns is the optimal way to increase compliance while maintaining positive relations with the City's lodging providers. The program is education focused, ensuring that lodging providers are clear on reporting requirements and methodology. HdL's tax administration professionals are available as needed to support both the City's team and the City's lodging providers. The City is kept up to date, with 24x7 online access to HdL's client portal containing real time access to registration and filing data, and management reporting. HdL's TOT administration service incorporates all of the following: Tax Registration Database Management — HdL will transfer the City's existing databases as they relate to TOT into HdL's internal administration tools. HdL will maintain the data, software, online filing portal for lodging providers, and online client portal for the City. Return Processing — HdL will process TOT filings within 5 days of submission. Accounts will receive all applicable forms necessary to complete the renewal process. New Account Processing — HdL will process any new TOT registrations for Lodging Establishments that change hand or newly offered properties. Payment Posting / Processing — HdL will process all payments made for new and existing lodging providers. Accounts will be updated with payment information and revenues will be remitted to the City net HdL's fees on no less than a monthly basis. On -Line Filing & Payment Processing — With input from the City, HdL crafts a customized website and domain for the City's taxpayers to submit online forms, returns, and payments along with other customer support related items. Compliance Monitoring & Lodging Provider Audits — HdL will ensure accurate filings of TOT returns by consistently monitoring returns and educating lodging providers on filing requirements. HdL will also provide cyclical compliance audits as mutually agreed to by the City and HdL, ensuring all providers are audited at least once every three years. The compliance audit process is described above in Option 1. Reports — HdL's TOT administration service includes a variety of standard reports demonstrating account activity and filing trends. During service implementation HdL will work with the City to identify reporting requirements and frequency/method of delivery and will supplement our standard service with custom reports as needed to meet the City's requirements. Progress Payments — HdL's TOT administration service is billed monthly based on activity completed during the prior month. If standalone audits are conducted, they are billed only upon completion of the audit. Customer Support Center — HdL will provide lodging providers with multiple support options for registering, filing returns, making payments and for general inquiries. A toll -free number will be provided to businesses in order to access one of our tax specialists. Lodging providers will also have access to support via e-mail, fax, and the online Business Support Center. Annual Audit Plan — During implementation, HdL gathers all the historical data available from the City and leverages internal data sources and expertise to provide an analysis of all lodging providers, along with a recommended audit schedule. This allows HdL to work cooperatively with the City to identify the entities that require attention first. HdL works directly with the City to ensure consensus on the audit schedule for the program. To: Date: From: Subject STAFF REPORT Honorable Mayor and City Council March 20, 2023 AGENDA NO: 8f MEETING DATE: March20,2023 Bradley McCulley, City Librarian — (650) 558-7404 Adoption of a Resolution Approving American Library Association Conference Out of State Travel RECOMMENDATION Staff recommends that City Council approve the out-of-state travel request for Adult Services Librarian Cynthia Rider and Library Aide Supervisor Ray DeLara. BACKGROUND The American Library Association's (ALA) annual conference will be held in Chicago, Illinois, June 22 — 27. Cynthia Rider and Ray DeLara are full-time employees with ALA memberships and have requested to attend this conference for professional development. As part of the Library's Strategic Plan, employees are encouraged to take advantage of the opportunities these conferences provide for staff professional growth and overall job satisfaction. nmr_i issinm The American Library Association is offering a great variety of programs, speakers, and events for all levels of public librarianship to attend and learn in person this year. All Burlingame Library conference attendees will present reports to fellow staff members upon their return to share new ideas and for discussion. FISCAL IMPACT Sufficient funds have been budgeted in the Library's travel, conference, and meetings account for attendance. The total cost per employee should be approximately $2000. Exhibit: • Resolution 1 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING AMERICAN LIBRARY ASSOCIATION CONFERENCE OUT OF STATE TRAVEL FOR TWO LIBRARY EMPLOYEES WHEREAS, the Burlingame Library encourages staff to attend professional conferences; and WHEREAS, the American Library Association Conference is considered the best professional development conference; and WHEREAS, attending staff will provide reports from the conference to enhance library services and benefit the public and other staff; and WHEREAS, funding for out of state conferences has been budgeted. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME RESOLVES AS FOLLOWS: 1. The City Council hereby approves the out of state travel for Library employees Cynthia Rider and Ray DeLara. 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 20th day of March, 2023, and was adopted thereafter by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: Meaghan Hassel -Shearer, City Clerk I �e Avovwi To: Date: From: Subject STAFF REPORT Honorable Mayor and City Council March 20, 2023 AGENDA NO: 8g MEETING DATE: March 20, 2023 Maria Saguisag-Sid, Human Resources Director — (650) 558-7209 Adoption of a Resolution Authorizing Personnel Changes and Approving an Amended Salary Schedule for Merit Classifications RECOMMENDATION Staff recommends the City Council adopt a resolution: 1) approving the Library Technical Services Manager, Public Works Inspector, and Senior Public Works Inspector job classifications; 2) authorizing the removal of an unfilled Librarian III position (-1.0 FTE) and replacement with a Library Technical Services Manager position (1.0 FTE); and 3) approving the amended salary schedule for Merit Classifications effective March 27, 2023. BACKGROUND In early 2022, the Library attempted to fill a Librarian III position to oversee the responsibilities of the Technical Services Division. Unfortunately, that recruitment was unsuccessful, with fewer than four candidates applying and none meeting the needs of the position. Since that time, different staff members were appointed in an acting capacity to oversee the Division while the position was vacant. The Public Works Department is preparing to recruit for the Public Works Inspector and Senior Public Works Inspector positions. These two positions were filled by two long-time employees, both of whom were employed with the City of Burlingame for over 21 years, who have recently left their positions. Upon review, staff noted that the existing job classifications needed to be updated to reflect the current job duties and qualifications. DISCUSSION Under the City of Burlingame Civil Service Rules, adopted pursuant to Municipal Code Section 3.52.030, the City Council is the final authority for approving the classification and compensation plan. Staff is proposing the following amendments to the classification plan: 1. Adoption of the Library Technical Services Manager classification and salary range. 2. Adoption of the Public Works Inspector classification (no salary changes). 3. Adoption of the Senior Public Works Inspector classification (no salary changes). 4. Replacement of one vacant Librarian III position (-1.0 FTE) with one Library Technical Services Manager position (1.0 FTE) in the Library Department. 1 Personnel Changes and Salary Schedule Update March 20, 2023 Library Personnel Changes The Library is preparing to recruit for their open position to oversee the Technical Services Division. Instead of recruiting a Librarian III position, staff recommends recruiting for the position as a Library Technical Services Manager. The Library Technical Services Manager job classification better reflects the duties and requirements of the position to individuals that may have more of an IT background than a library background. The Technical Services Manager job classification will not replace the Librarian III job classification as there are existing employees in that classification who oversee other Library divisions. The Library Technical Services Manager position will have a similar level of responsibilities as the Librarian III and is recommended to have the same salary range as the Librarian III. If approved, staff will replace one Librarian III (-1.0 FTE) position with one Library Technical Services Manager (1.0 FTE) position. Staff notes that the new position title will allow the City to attract a wider pool of candidates that may better meet the needs of the Technical Services Division. The recommended salary for the Library Technical Services Manager is noted below. LIBRARY ANNUAL $104,750.58 $109,984.97 $115,288.64 $121,255.68 $127,187.41 TECHNICAL MONTHLY $8,729.22 $9,165.41 $9,607.39 $10,104.64 $10,598.95 SERVICES BI-WEEKLY $4,028.87 $4,230.19 $4,434.18 $4,663.68 $4,891.82 MANAGER HOURLY $50.3609 $52.8774 $55.4273 $58.2960 $61.1478 RATE Public Works Inspector Positions The Public Works Inspector and Senior Public Works Inspector job classifications were updated to reflect the current responsibilities and qualifications. Both job classifications have been reviewed by the Public Works Director and Human Resources Director. These are for existing positions that are currently budgeted for, so no additional funding is needed. These changes in personnel/positions are deemed necessary to effectively carry out the City's services and support both General Fund and Capital Improvement Program activities. The changes result in no increase in overall head count or FTE count. Per City of Burlingame Civil Service Rules, adopted pursuant to Municipal Code Section 3.52.030, the City Council is the final authority for approving the classification and compensation plan, including any new or amended job specifications. Salary Schedule One of the proposed amendments, specifically the Library Technical Services Manager classification, requires the City Council to authorize a new salary schedule that, once approved, will be made available to the public via the City of Burlingame website. Title 2 of the California Code of Regulations (CCR), Section 570.5, requires the City Council to adopt a full salary schedule as a standalone document detailing the rates of pay for each City classification, and to maintain this salary schedule as a publicly available document for at least five years. The California Public Employees' Retirement System (CaIPERS) uses this salary schedule 2 Personnel Changes and Salary Schedule Update March 20, 2023 to determine the "compensation earnable" when calculating the monthly pension an individual will receive when he or she retires. "Compensation earnable" is defined by the Public Employees' Retirement Law (PERL) Government Code Sections 20636, and 20636.1 as pay rate and special compensation as defined in the statutes. The City Council must adopt a revised salary schedule, in its entirety, as a standalone document, each time a revision is made to the salary schedule through revised classification titles or pay ranges, the addition of new classifications, the deletion of abolished classifications, and changes to salary ranges through negotiated increases. Staff is providing the updated salary schedule that reflects the changes noted in this report. FISCAL IMPACT There is no fiscal impact from these changes. The current budget is sufficient to cover the positions for the remainder of the fiscal year. Exhibits: • Resolution • Library Technical Services Manager Job Classification • Public Works Inspector Job Classification • Senior Public Works Inspector Job Classification • Salary Schedule 3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING PERSONNEL CHANGES, AND APPROVING THE CITY OF BURLINGAME SALARY SCHEDULE WHEREAS, under the City of Burlingame Civil Service Rules, adopted pursuant to Municipal Code Section 3.52.030, the City Council is the final authority for approving the classification and compensation plan; and WHEREAS, the proposed changes are as detailed below: • Adopt a Library Technical Services Manager job classification and salary; • Adopt a Public Works Inspector job classification; • Adopt a Senior Public Works Inspector job classification; • Replace one Librarian III position (-1.0 FTE) with one Library Technical Services Manager position (1.0 FTE) WHEREAS, these changes in personnel/positions are deemed necessary to effectively carry out the City's priorities and support both General Fund and Capital Improvement Program activities; and WHEREAS, the bargaining units representing the impacted classifications have reviewed the proposed changes and have not brought forth any objections or concerns; and WHEREAS, the City Council is the final authority for approving the classification and compensation plan, including any new job specifications; and WHEREAS, the proposed amendments require the City Council to authorize a new salary schedule that, once approved, will be made available to the public via the City of Burlingame website. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Burlingame finds, orders, and declares that: 1. The Council approves the Library Technical Services Manager job classification and salary range; 2. The Council approves the Public Works Inspector updated job classification; 3. The Council approves the Senior Public Works Inspector updated job classification; 4. The Council approves replacing one Librarian III position with one Library Technical Services Manager position. 5. The Council approves the salary schedule for merit employees, effective March 27, 2023. 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 20th 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 4 5"""A"1e LIBRARY TECHNICAL SERVICES MANAGER Class specifications are only intended to present a descriptive summary of the range of duties and responsibilities associated with specified positions. Therefore, specifications may not include all duties performed by individuals within a classification. In addition, specifications are intended to outline the minimum qualifications necessary for entry into the class and do not necessarily convey the qualifications of incumbents within the position. DEFINITION: Under general direction from the City Librarian, this position oversees the technical services division of the library and provides a reliable, accurate, responsive, efficient, safe, and secure information systems platform for library service delivery. Manages data and voice network operations including staff and public computing, application software, and telecommunications, as well as specific facility, meeting room, and materials management systems. Responds to staff calls for technical help, troubleshoots, and solves hardware and software problems, monitors overall system performance, implements improvements, and works with the management team to develop long-range technology plans. SUPERVISION RECEIVED/EXERCISED: Receives general supervision from the City Librarian. Provides direct or indirect supervision of all personnel assigned to the program area. ESSENTIAL DUTIES (Include, but are not limited to the following) Manage a 100+ device data network plus 45+ voice network. Develop, document and implement network administration policies and processes. Maintain and troubleshoot hardware, software, and network issues. Ensure system integrity, reliability, responsiveness, security and compliance with library policies, e.g., Internet use. Ensure that systems serving library customers are first priority for trouble calls. Assists staff with system and application software training, and development needs. Develops technology competencies for staff, create staff training and troubleshooting manuals, and holds staff training sessions as needed. Works with Peninsula Library Automated Network (PLAN) for software and server updates. Coordinate with library staff on web development issues. Develop and implement technology plans. Deploy sound project management practices including goal/problem identification and decision analyses. Prepares RFPs, bids or requests written quotes. Prepare and manage the technology services budget. Work closely with IT representatives from City of Burlingame. Manage other automated systems including Automated Materials Handling (AMH) system, security cameras, and other related devices as needed. Work closely with and oversee cataloging/acquisitions staff in ordering, processing, cataloging, and library materials. Monitor the overall workflow of both Cataloging and IT. LIBRARY TECHNICAL SERVICES MANAGER Page 1 of 2 Interview, select, train, supervise, and schedule staff in the Technical Services division. Conduct staff meetings. Maintain payroll and attendance records. Supervise staff training in online catalog, databases, online reference services, and web page administration. Fill in to assist with maintaining workflow when there are absences or personnel issues in the division. Provide performance reviews for network and technical services staff as well as participate in reviews for other staff as determined by the Library Director. Other related duties as assigned. KNOWLEDGE/ABILITIES/SKILLS (The following are a representative sample of the knowledge/abilities and skills necessary to perform essential duties of the position.) Knowledge of: Information technology systems management practices, including data management and storage, computers, software, network, and server administration. Public library principles, purposes, techniques, and terminology; basic principles of supervision; the specialized program area assigned and other library programs and services in general; procedures related to cataloging, clarification, reference, and research; and the organization and functions of municipal library systems. Skill in: Exhibiting good judgment and establishing effective working relationships with staff, colleagues within the library system, and local government personnel. Project management skills; operate, install, maintain, configure and troubleshoot a variety of highly technical computers; database development and management; systems analysis and information system concepts, techniques, and operating principles; program specification and design. Ability to: Analyze complex problems and make sound decisions and recommendations; research, understand and apply proposed new technology to Library operations; establish effective working relationships with all levels of the organization; understand and carry out oral and written directions; operate a variety of telephone and computer hardware and software; analyze methods and procedures; assist Library in identifying technology needs and solutions; develop and recommend cost effective technical system improvements QUALIFICATIONS (The following are minimal qualifications necessary for entry into the classification) Education and experience: Three to five years of sufficient library operations and/or technical IT experience and education to satisfactorily perform the above duties. This is typically accomplished through obtaining a degree in information technology or Library Science from an ALA accredited library school or equivalent and at least three years of experience equivalent to higher level Librarian positions in the City of Burlingame. Master's degree in library science is desirable. PHYSICAL, MENTAL, AND ENVIRONMENTAL WORKING CONDITIONS Ability to work in a standard library environment; ability to stoop, sit, stand, walk, kneel, crouch, squat, reach, and twist, climb stairs; ability to use independent judgment and initiative. Ability to lift up to 50 pounds and push/pull up to 100 pounds. LIBRARY TECHNICAL SERVICES MANAGER Page 2 of 2 } PUBLIC WORKS INSPECTOR Class specifications are only intended to present a descriptive summary of the range of duties and responsibilities that are associated with specified positions. Therefore, specifications may not include all duties performed by individuals within a classification. In addition, specifications are intended to outline the minimum qualifications necessary for entry into the class and do not necessarily convey the qualifications of incumbents within the position. DEFINITION Under general supervision, this journey -level position will perform inspections of Public Works projects involving encroachment permits, stormwater permits, capital improvement projects, public utilities projects, and private development projects for all stages of construction; perform permit process administration duties; conduct public investigation of complaints; administer and process code enforcement violations; and other miscellaneous City projects. ESSENTIAL DUTIES: (include but are not limited to the following) Inspects construction activities for compliance with federal, state, and local standards for encroachment permits, stormwater permits, capital improvement projects, public utilities projects, and private development projects. Review plans and specifications, for improvements to the City's right-of-way, including but not limited to street excavation and pavement, street markings/painting, sidewalks, curbs and gutters, driveways, retaining walls, sanitary sewers, storm drains, water system, street lights, traffic signals, landscape irrigation, and utility installations. Respond to citizen complaints and request for information, including the public, outside agencies, developers, contractors and utility representatives. Perform final inspection of public and private construction projects for field acceptance; prepares list of required corrections prior to field acceptance or final bond exoneration; issues stop work notices and corrective action reports. Maintains necessary records of daily operations, including daily project reports, time reports and vehicle reports. Review as -built drawings for Public Works capital improvement projects, private development projects, and utility projects. During natural disasters, investigate complaints regarding the failure of public utilities systems and facilities, and assist with the maintenance department as -needed for technical guidance. Work with neighboring agencies to ensure construction impacts are limited and public interest/complaints are addressed and abated. Interact daily with the building department inspectors and familiarity with their policies and procedures will be beneficial for a cooperative working relationship. KNOWLEDGE/ABILITIES/SKILLS: (The following are a representative sample of the KAS's necessary to perform essential duties of the position) Knowledge of: Methods and practices of public works inspection; common materials used in construction and their testing techniques; principles of project accounting and record keeping; methods, materials, equipment used in public works construction and construction inspection. Fundamentals of civil engineering; property construction techniques; application of federal, PUBLIC WORKS INSPECTOR Pagel of 2 state, local, and engineering codes, and their administration and enforcement; office administration practices and procedures; and City department policies and procedures. Ability to: Communicate and work effectively with other City departments, neighboring agencies, contactors, designers, property owners and the public. Anticipate construction problems and their solutions, comprehend plans, specifications, and contract documents. Maintain accurate records and prepare clear and concise reports and documentation; work independently in the field and exercise judgement in interpreting inspection standards and polices. Analyze situations accurately and adopt an effective course of action; speak and write effectively; follow oral and written directions; prepare clear and accurate notes, reports, letters and correspondence; to be able to read/follow instructions and to carry on detailed, technical conversations on the phone and at the counter; to work effectively and cooperatively with contractors, engineers and the public with regards to all phases of construction. Skills in: Operating a computer device/tablet and use permit processing, word processing, spreadsheets, geo-based information and database programs; use a variety of types of field testing devices; analyze and interpret complex engineering construction plans and specifications; make material quantity calculations; read survey staking; and inspect engineering construction projects. Principal and practices of customer service, including conflict resolution. QUALIFICATIONS: (The following are minimal qualifications necessary for entry into the classification.) Education and Experience: Requires sufficient education and experience to satisfactorily perform the above job duties. a Journey -level position should possess at least two years related public works or heavy construction experience preferably including some public construction inspection experience or related work. Local government experience is desirable. License/Certificates: Possession of an appropriate California operator's license issued by DMV. PHYSICAL, MENTAL AND ENVIRONMENTAL WORKING CONDITIONS: Ability to deal courteously with those making complaints; ability to sit for long periods of time at desk; to stand for long periods of time at counter and in field; to walk several blocks at a time in field; to crouch, kneel, stoop, squat to perform variety of tasks; to climb hills; to lift manhole covers; to work outdoors in occasional adverse weather; to occasionally work in a confined space, in electrical hazard situations or with chemicals; exposure to traffic hazards; to have sufficient vision, hearing and stamina to perform the above functions. PUBLIC WORKS INSPECTOR Page 2 of 2 } .R.LPNiSA ME SENIOR PUBLIC WORKS INSPECTOR Class specifications are only intended to present a descriptive summary of the range of duties and responsibilities that are associated with specified positions. Therefore, specifications may not include all duties performed by individuals within a classification. In addition, specifications are intended to outline the minimum qualifications necessary for entry into the class and do not necessarily convey the qualifications of incumbents within the position. DEFINITION Under limited direction, this advanced journey -level position will inspect Public Works capital improvement projects in all stages of construction; to perform responsible duties in contract administration; to assist in preliminary design and cost estimates for new and future projects; to supervise encroachment permit process; to resolve complaints; to assist in the review of public works improvement plans and specifications and on preliminary improvement negotiations. ESSENTIAL DUTIES: (include but are not limited to the following) For capital improvement projects: inspects the installation of sanitary sewers, storm drains and water mains for type and quality of materials, location and grade, backfill of trenches, placement of manholes, catch basins and fire hydrants, and installation of valve boxes and meter services to final project approval. Assists in contract administration including plans and specification writing and in getting adherence to time limits and as -built drawings as necessary. Negotiates change orders with contractors. May assist in preliminary design and layout of proposed projects; maintains progress records for reports and payments. Meets with consultants and contractors in the course of plan and project activities. Determines sizes and location of pipe lines; checks condition of streets to establish proprieties as to which need resurfacing, maps areas for repair and replacements and provides inventory of needs for pavement maintenance. Inspects construction of streets for compaction of basement soils, type and quality of materials, line and grade, placement of paving and oils. Inspects resurfacing projects, including heater scarification, slurry seals and crack sealing; and street overlays and the resetting of utility facilities. Confers with citizens and contractors regarding complaints and inspection activities; makes preliminary contacts in improvement programs with residents; reviews contractors' submittals and takes samples of various materials used for capital improvement projects. Performs plan checking for City Projects and for Private Development Projects for impacts within the City's right-of-way, review traffic control and detour plans for construction, processing of utilities permits, and encroachment permits. Performs duties of the City's Public Works Inspector when required. KNOWLEDGE/ABILITIES/SKILLS: (The following are representative sample of the KAS's necessary to perform essential duties of the position) Knowledge of: Methods and practices of public works inspection; common materials used in construction and their testing techniques; principles of project accounting and record keeping; methods, materials, equipment used in public works construction and construction inspection. SENIOR PUBLIC WORKS INSPECTOR Page 1 of 2 Fundamentals of civil engineering; property construction techniques; application of federal, state, local, and engineering codes, and their administration and enforcement; office administration practices and procedures; and City department policies and procedures. Ability to: Communicate and work effectively with other City departments, neighboring agencies, contactors, designers, property owners and the public. Anticipate construction problems and their solutions, comprehend plans, specifications, and contract documents. Maintain accurate records and prepare clear and concise reports and documentation; work independently in the field and exercise judgement in interpreting inspection standards and polices. Analyze situations accurately and adopt an effective course of action; speak and write effectively; follow oral and written directions; prepare clear and accurate notes, reports, letters and correspondence; be able to read/follow instructions and to carry on detailed, technical conversations on the phone and at the counter; to work effectively and cooperatively with contractors, engineers and the public with regards to all phases of construction. Skills in: Operating a computer device/tablet and use permit processing, word processing, spreadsheet, geo-based information and database programs; use a variety of types of field testing devices; analyze and interpret complex engineering construction plans and specifications; make material quantity calculations; read survey staking; and inspect engineering construction projects. Principal and practices of customer service, including conflict resolution. QUALIFICATIONS: (The following are minimal qualifications necessary for entry into the classification.) Education and Experience: Requires sufficient education and experience to satisfactorily perform the above job duties. Typically this is obtained through three years as a Public Works Inspector or six years of construction inspection or related work, or a combination of experience, technical or engineering training totaling six years and sufficient education to satisfactorily perform the duties of the classification. A typical qualifying education would be the equivalent of a two year college degree, including course work in areas such as business, mathematics and accounting or engineering. License/Certificates: Possession of an appropriate California operator's license issued by DMV. PHYSICAL, MENTAL AND ENVIRONMENTAL WORKING CONDITIONS: Ability to deal courteously with those making complaints; ability to sit for long periods of time at desk ; to stand for long periods of time at counter and in field; to walk several blocks at a time in field; to crouch, kneel, stoop, squat to perform variety of tasks; to climb hills; to lift manhole covers; to work outdoors in occasional adverse weather; to occasionally work in a confined space, in electrical hazard situations or with chemicals; exposure to traffic hazards; to have sufficient vision, hearing and stamina to perform the above functions. SENIOR PUBLIC WORKS INSPECTOR Page 2 of 2 CITY OF BURLINGAME SALARY SCHEDULE - MERIT !7) EFFECTIVE DATE: 3/27/2023 CLASS JOB DESCRIPTION PAY BASIS STEP C 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 BI-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 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 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 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 A160 ACCOUNTING ASSISTANT 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 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 BI-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 BI-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 BI-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 BI-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 BI-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 BI-WEEKLY $6,595.52 $6,917.52 $7,264.59 $7,624.19 $8,010.09 HOURLY RATE 1 $82.4440 1 $86.4690 $90.8074 $95.3024 $100.1261 CLASS A605 JOB DESCRIPTION ASSISTANT ENGINEER q ANNUAL $101,043.23 I $105,963.74 $110,999.98 = $116,817.65 STEP E $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 5607 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 q STEP E S603 CCTV LEADWORKER ANNUAL $79,652.07 $83,683.66 $87,855.16 ;192,362.67 $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 33,552.41 $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 $8,488.08 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 JOB DESCRIPTION CUSTODIAN PAY BASIS 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 PAY BASIS ANNUAL $116,265.75 $122,092.69 $128,199.39 $134,619.72 IIIIIIN $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 5704 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 5703 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 5403 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 5610 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 5404 JOB DESCRIPTION IRRIGATION REPAIR SPECIALIST PAY BASIS 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 5608 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 LIBRARY TECHNICAL SERVICES MANAGER 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 5606 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 CLASS S605 JOB DESCRIPTION MAINTENANCE WORKER I PAY BASIS 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 MANAGEMENT ANALYST ANNUAL $89,452.97 $94,160.82 $99,116.73 $104,333.39 $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 PARKS SUPERINT/CITY ARBORIST 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 CLASS B420 JOB DESCRIPTION PARKS SUPERVISOR PAY BASIS 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 A114 PAYROLL ADMINISTRATOR 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 13111 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 CLASS P200 JOB DESCRIPTION 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 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 CLASS A602 JOB DESCRIPTION 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 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 S601 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 S604 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 S602 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 CLASS A600 JOB DESCRIPTION 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 A612 TRANSPORTATION PROGRAM MANAGER 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 BI-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 5405 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 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 5409 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 BI-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 5411 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 BI-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 5400 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 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 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 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 5501 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 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 5503 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 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 5502 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 BI-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 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 5508 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 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 5507 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 BI-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 CLASS JOB DESCRIPTION PAY BASIS C TEP 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 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 S505 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 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 A110 ZONING TECHNICIAN MONTHLY $6,845.24 $7,175.68 $7,530.25 $7,913.75 $8,299.68 BI-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 8/21117classification and compensation revisions Amended 9/18117classification and compensation revisions Amended 121251173% 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 6121120212%salary increase for AFSCME Admin and Maint bargaining unit, per applicable MOUs Amended 8116121 classification and compensation revisions Amended 121201212% salary increase for PDA, 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 forAFSCME 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 PDA and PSA per applicable MOUs Amended 31712023 4% salary increase for Teamsters per applicabled MOU Amended 312012023 classification and compensation revisions To: Date: From: STAFF REPORT Honorable Mayor and City Council March 20, 2023 AGENDA NO: 8h MEETING DATE: March 20. 2023 Scott Spansail, Assistant City Attorney — (650) 558-7275 Subject: Adoption of a Resolution Authorizing the City Manager to Negotiate and Execute a Subsurface Shoring and Crane Operation Agreement for 1766 El Camino Real with CP VIII 1766 ECR, LLC ("Carmel Partners") RECOMMENDATION Staff recommends that the City Council adopt the attached resolution authorizing the City Manager to negotiate and execute an Agreement with CP VIII 1766 ECR, LLC ("Carmel Partners"), the owners of 1766 El Camino Real. This proposed agreement would allow Carmel Partners to use subsurface shoring under City property during construction, and would further allow them to operate a crane above the Police Department building. BACKGROUND 1766 El Camino Real will be a new eight -story, 311-unit housing development near the Millbrae border. Of the 311 housing units, 22 units (9%) would be below market rate (BMR) for very low income housing. The Planning Commission approved the application at their public hearing on June 13, 2022, where it was generally well received by the Commissioners. Detailed information regarding the 1766 El Camino Real project, including plans, can be found on the City's website: https://www.burlingame.org/business detail T54 R271.php. Tieback Proposal Carmel Partners has requested to use tiebacks to aid in the construction of their building. A tieback is a fairly common construction tool, which uses a large metal rod inserted into the earth to provide additional stability to retaining walls. While the City has generally allowed the use of tiebacks in the public right of way, this request is unique in that it would involve a currently occupied City building: the Burlingame Police Department headquarters. In meeting with the leadership of Carmel Partners, City staff requested certain guarantees be made regarding any potential tieback agreement at this site. These guarantees were demanded to help allay the City's concerns regarding the proposal, and to ensure no adverse effects to public health 1 1766 El Camino Real Shoring Agreement March 20, 2023 and safety. These additional guarantees included strong indemnification and insurance requirements, as well as a payment of $318,000 to help offset the cost of removing the tiebacks should the City property be redeveloped at a later date. In addition to this payment, Carmel Partners has also agreed to allow the City to use tiebacks under their property in the future, should that aid in redevelopment of the Police Department site. Finally, Carmel Partners has requested that they be allowed to operate a crane above the City's property during construction. The agreement specifically states that the crane will not be carrying a load while above City property, and that it will maintain a safe clearance above the property site. Recommendation Based on the above, staff recommends that the City Council adopt the attached resolution authorizing the City Manager to negotiate and execute a subsurface shoring and crane agreement with Carmel Partners. FISCAL IMPACT The agreement contemplates payment of $318,000 to the City. However, this payment may be used to offset costs of removing the tiebacks at a later date. Exhibits: • Resolution • Form of Proposed Agreement. 2 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH THE CP VIII 1766 ECR, LLC ("CARMEL PARTNERS") FOR CRANE OPERATION AND SUBSURFACE SHORING AT 1766 EL CAMINO REAL WHEREAS, the City of Burlingame is the owner of the Burlingame Police Department building at 1111 Trousdale Drive; and WHEREAS, CP VIII 1766 ECR, LLC ("Carmel Partners") is commencing construction of a new housing development at their site immediately adjacent to the Burlingame Police Department building, 1766 El Camino Real; and WHEREAS, Carmel Partners wishes to use tiebacks to aid in the construction of their building, which would be located under the City property, and to operate an empty crane above the Police Department building; and WHEREAS, Carmel Partners has agreed to certain guarantees and concessions regarding these requests, which have allayed the concerns of City staff; and WHEREAS, the City Council believes that the guarantees and concessions made by the applicant are sufficient and wishes to allow the City Manager to negotiate and execute an agreement to allow Carmel Partners to allow for subsurface shoring and crane operation. 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 a Subsurface Shoring and Crane Operation Agreement with Carmel Partners, in the form attached hereto. 2. The City Council further authorizes the City Manager to execute any additional agreements and take actions necessary in furtherance of the Subsurface Shoring and Crane Operation Agreement referenced above. 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 20th day of March, 2023, and was adopted thereafter by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: Meaghan Hassel -Shearer, City Clerk RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: [insert address] Attn: SPACE ABOVE THIS LINE FOR RECORDER'S USE SUBSURFACE SHORING SYSTEM AGREEMENT THIS AGREEMENT ("Agreement") is made as of , 2023 ("Effective Date") by and between CP VIII 1766 ECR, LLC, a Delaware limited liability company ("Developer") and the CITY OF BURLINGAME, a municipal corporation of the State of California ( "Cily"), which recite as follows. WITNESSETH: A. City controls certain real property commonly known as Burlingame Police Department at I I I I Trousdale Drive, Burlingame, California 94010, as more specifically described in Exhibit A ("City Property"). The City Property serves as public right of way for access to El Camino Real, Trousdale Drive and California Drive. The City Property is currently improved with sidewalk and streets on El Camino Real and California Drive. B. Developer is the fee owner of certain real property commonly known as 1766 El Camino Real, Burlingame, California 94010-3997, as more specifically described in Exhibit B ("Developer Property"). Developer intends to develop a multifamily property on the Developer Property. The development and construction of the Developer Property is referred to herein as the "Project." C. The City Property and the Developer Property share common property lines between the City Property and the Developer Property (the "Common Boundary"). D. The Project requires below grade excavation and the Developer intends to use a shoring system (the "Shoring System"), which includes a retaining wall and tie -back anchors, as more specifically described in the Preliminary Shoring Plan attached hereto as Exhibit C. The retaining wall and tie -back anchors will be situated along the Common Boundary and will encroach into the subterranean portions of the City Property, the approximate locations of which as shown on Exhibit C attached hereto. The drilling, installation, and other work related to the retaining wall/or tie -back anchors as consented to by the City pursuant to this Agreement are collectively referred to as "Subsurface Work." SM1M:4858-0824-8129.9 - I - E. Developer has requested that City grant certain easements and encroachment rights to Developer as more specifically described hereinafter for the installation and maintenance of the Shoring System and for ingress and egress on to the City Property as may be reasonably necessary to perform the Subsurface Work. F. On June 13, 2022, the Planning Commission approved development applications which allow for the construction of a development at Developer Property. G. The tieback anchors will be placed in the subterranean portions of the City Property, and will be used to reinforce the temporary shoring wall for stability. The tiebacks will be anchored into earth and placed under tension to provide resistance and support for the shoring wall. NOW, THEREFORE, in consideration of the covenants, conditions and agreements contained herein and for other good and valuable consideration, the receipt and adequacy of which are acknowledged, the parties agree as follows: The City is prepared to allow such use subject to the terms and conditions to be performed and observed by the Developer as more specifically set forth below. 1. Grant of Subsurface and Crane Swing Easement and Consent to Encroachment 1.1 Subject to Developer or its successors and assigns' faithful compliance, fulfillment, and performance of each of the covenants and conditions in this Agreement, as applicable, City hereby grants to Developer, and to its successors and assigns that are expressly permitted pursuant to this Agreement, the following easements (collectively, "Easements"): (i) the right to encroach upon the subsurface areas of the City Property for the purpose of installing, maintaining, and removing the retaining wall or tie -back anchors on those subterranean portions of the City Property that are along the Common Boundary to the extent that the placement is necessary or desirable to support temporary shoring of soil and surface materials during the construction of the Project; (ii) the right of ingress and egress by Developer and its contractors onto the City Property, upon prior notice in accordance with section 2 below, at reasonable times to perform Subsurface Work, provided such ingress and egress does not unreasonably disturb the use and enjoyment of the City Property by City and/or the public. In addition to the other conditions contained in this Agreement, upon completion of the Project, the retaining wall (which shall extend no shallower than five feet below grade) and/or tie -back anchors installed by Developer on the City Property will remain in place, provided that an engineer certifies that the SMRH:4858-0824-8129.9 -2- presence of the retaining wall and/or tie -back anchors will not result in or present any additional hazards or dangers to the safety or structural integrity of the City Property, as determined by the City in its reasonable discretion upon advice and consultation from its engineers and consultants; and (iii) the right to swing unloaded crane boom(s) for the sole purposes of operating a crane, or cranes ("Crane") over the existing improvements on City Property, including without limitation, allowing the jib of the Crane to weathervane over City Property at such times when such Crane is not being used for construction purposes; provided; however, Developer shall take such precautions with regard to the height and boom length of the Crane as may be necessary to safely operate such Crane and keep such Crane and its boom swing from adversely affecting City Property, including keeping a minimum clearance of twenty-five (25) feet between the lowest point of the Crane boom and any improvements on City Property. Notwithstanding anything to the contrary contained herein, if the retaining wall and/or tie -back anchors remain in place following completion of the Project, at any time after completion of the Project, upon fourteen (14) days' prior written notice to Developer, the City shall have the right, at its sole cost, to remove or alter the retaining wall and/or tie -back anchors on the City Property. 1.2 The Easements shall terminate upon the earlier of (A) three (3) years after the Effective Date of this Agreement or (B) the completion of the Project ("Completion Date"). As provided in Section 1.1 above, the Subsurface Work shall remain in place on the City Property upon termination of this Agreement. 2. Developer's Covenants: 2.1 The Developer agrees, by the acceptance of this Agreement, to perform work in a safe, prudent and professional manner, in accordance with all applicable laws, ordinances and building codes and in material compliance with the Preliminary Shoring Plan approved by the City. At no cost to the City, Developer shall provide a third -party engineering monitoring specialist, at Developer's choice in its sole discretion, to take surveyed measurements and regularly monitor for vibrational settlement at locations mutually agreed [on XXXXXX and/or XXXXXX] 1 fronting the property. Any settlement greater than 1/4" horizontal, %2" vertical or visible cracks on the street shall be documented and the City shall be notified immediately. At the Developer's sole cost and expense, a design and ' NTD: To be confirmed. SMRH:4858-0824-8129.9 -3- repair plan shall be provided to the City for review and approval. Upon written acceptance by the City, Developer shall repair all physical damage to the City Property resulting from Developer's Subsurface Work. 2.2 The use of the shoring wall shall be temporary in nature and the Project structure must not be dependent on the support of such shoring wall. The shoring wall must be cut within five feet (5') below the surface after the Project's completion and may not protrude into the area five feet below existing grade at the time of construction. Without anything to the contrary, the aforementioned covenant in this section 2.2 shall not apply to any shoring wall located on the Developer Property. 2.3 The Developer is not required to remove any part of the Shoring System, which will remain in place following the termination of this Agreement. Developer shall provide an engineer's certification in a form acceptable to the City that the presence of the retaining wall and/or tie -back anchors will not result in or present any additional hazards or dangers, in any material way, to the safety or structural integrity of the City Property. 2.4 Developer shall not use any hazardous materials to the extent in violation of any laws or regulations on, over, above or below the City Property. Such hazardous materials include but are not limited to the following: petroleum, asbestos, polychlorinated biphenyls, or radioactive materials. 2.5 All remaining tiebacks that are not required to be removed must be decoupled (tension released from cables) from the shoring wall. 2.6 At the completion of the Project and prior to building permit sign -off, Developer shall install four (4) permanent and durable property corner markers by a licensed land surveyor. 2.7 In the event that the City decides to redevelop the City Property to locate a new project thereon (the "Future City Redevelopment Project"), then upon written request by the City, City and Developer shall enter into a shoring agreement for Future City Redevelopment Project substantially in the form attached hereto as Exhibit E together with such modification thereto as the parties may agree upon. It is the intent of the parties that each and all rights granted to the City under this Section 2.7 are personal to the City and shall not be assignable by the City to any third party without Developer's prior written consent in its sole and absolute discretion. SMRH:4858-0824-8129.9 -4- 3. Compensation. As compensation for the right granted herein, Developer shall pay to City a fee in accordance with that certain letter agreement dated as of the Effective Date by and between City and Developer (the "Letter Agreement"). 4. Liability Insurance. At all times during the performance of the Subsurface Work and for at least one (1) year following the Completion Date, Developer shall maintain minimum policies of insurance as described in Exhibit D, including without limitation, Pollution Liability Insurance insuring Developer for new pollution conditions which create liability for bodily injury and property damage arising out the Subsurface Work in an amount not less than $5,000,000 per claim and $10,000,000 in the aggregate with the City as an additional insured. The Developer shall provide a certificate of insurance with the City listed as additional insured, along with an original endorsement naming the City as additional insured for any claims or injuries resulting from the work allowed pursuant to this Agreement. Insurance shall be in the amount of one million dollars per occurrence, two million aggregate, and may be obtained as part of umbrella or similar coverage for the Project. Insurance certificate(s) and endorsement(s) shall be provided to the City prior to commencement of work and must be in a form acceptable to the counsel on behalf of the City. Each policy shall provide for at least thirty (30) days prior written notice to the City in the event of cancellation. All insurance shall be primary and shall name the City as additional insured. A current Insurance Certificate must be on file with the City Engineer's office at all times contemplated by this Agreement. 5. Indemnification. Except for the intentional misconduct and gross negligence of the City, its employees, agents and invitees, Developer shall indemnify, hold and defend the City, its employees, agents, invitees, successors, and assigns harmless from and against any and all actual losses, claims, suits, damages, injuries, actions, costs, expenses (reasonable attorney's fees, court expenses and actual amounts paid in settlement), liabilities and damages to any person or property, of any kind or nature whatsoever, caused by the conduct of Developer, its employees, agents, invitees and contractors in, on, under, over or about the City Property pursuant to this Agreement. 6. As -built. Within ninety (90) days after completion of the construction of the Shoring System, the Developer shall deliver a copy of the plans of such Shoring System, at no cost to the City, showing as -built locations and any related structures that are within the City Property, along with the engineer's certification described in Paragraph 2.3. 7. Termination and Succession. If any default by the Developer occurs under this Agreement, City shall notify Developer in writing of such default under this Agreement. Developer shall immediately undertake such actions to cure such breach. Should Developer fail to initiate SMRH:4858-0824-8129.9 -5- such corrective actions within ten (10) business days following receipt of the written notice from City the City shall have the right to immediately terminate this Agreement; provided however, notwithstanding anything to the contrary, in the event the Developer fails to initiate corrective actions for reasons beyond Developer's control, as long as Developer has used commercially reasonable efforts to initiate such corrective actions to cure the default(s), Developer shall have up to thirty (30) days to initiate actions to cure following the receipt of the written notice, before the City has the right to terminate the Agreement. 8. Attorney's Fees. In the event any action or proceeding is initiated to enforce the provisions of this Agreement, the prevailing party in any such action or proceeding shall be entitled to recover from the other party the prevailing party's reasonable attorney's fees and other actual legal costs. 9. Legal Relationship. Nothing contained herein shall be deemed or construed by the parties hereto or by any third party to create the relationship of principal and agent, partnership, joint venture or any association between City and Developer. City and Developer expressly agree that neither the method of computation of the fee payable under the Letter Agreement nor any act of the parties hereto shall be deemed to create any relationship between the City and Developer other than the relationship of grantee and grantor of the Easements. 10. Running with the Land. This Agreement, the grant of Easements and all rights and obligations contained in this Agreement (except to the extent provided in Section 2.7(f)), shall be deemed covenants which "run with the land" and shall insure to the benefit of and be binding upon and enforceable against all successors and assigns of Developer Property, City Property, and any portions thereof. To the extent that any right or obligation of this Agreement is deemed not to be an enforceable covenant, such right or obligation shall be enforceable as an equitable servitude to the fullest extent permitted by law. 11. Notices. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and sent by registered mail or certified United States mail, postage prepaid, return receipt requested, or by facsimile, or by personal delivery (by overnight courier or otherwise) or by electronic mail (email) and addressed as follows: If to Developer: CP VIII 1766 ECR, LLC, a Delaware Limited Liability company 1000 Sansome Street, Floor 1 San Francisco, CA 94111 Attention: Greg Pasquali, Vice President Email: gpasquali&carmelpartners.com Phone: (415) 231-0221 If to City: City of Burlingame SMRH:4858-0824-8129.9 -6- 501 Primrose Road Burlingame, CA 94010-3997 Attention: Martin Quan, Senior Civil Engineer Email: mquan(cburlin ag me.org 12. Governing Law. This Agreement and any claim, controversy or dispute arising under or related to this Agreement, the relationship of the parties, and/or the interpretation and enforcement of the rights and duties of the parties will be governed by, and construed and enforced in accordance with, the laws of California without regard to any conflicts of law principles, except to the extent preempted by federal laws. 13. Captions. Section titles or captions contained in this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit, extend or describe the scope of this Agreement or the intent of any provision hereof. 14. Counterparts. This Agreement may be executed in one or more counterparts. All counterparts so executed shall constitute one contract, binding on all parties, even though all parties are not signatory to the same counterpart. 15. Entire Agreement. This Agreement and the attached exhibits, and all documents in the nature of such exhibits, when executed, contain the entire understanding of the parties and supersede any and all other written or oral understanding. [signature page follows] SMRH:4858-0824-8129.9 -7- IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date written above. CITY: CITY OF BURLINGAME a California Municipal Corporation Lisa Goldman, City Manager DEVELOPER: CP VIII 1766 ECR, LLC a Delaware Limited Liability company By: Name: Greg Pasquali Title: Vice President SMRH:4858-0824-8129.9 -8- EXHIBIT A LEGAL DESCRIPTION OF CITY PROPERTY [to be attached] SNnM:4858-0824-8129.9 Exhibit A EXHIBIT B LEGAL DESCRIPTION OF DEVELOPER PROPERTY THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF BURLINGAME, IN THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL A, AS DELINEATED UPON THAT CERTAIN MAP ENTITLED "PARCEL MAP BEING A RESUBDISVISION OF LOT 1, BLOCK 2, `MILLS ESTATE NO. 1' AS RECORDED IN VOL. 38 OF MAPS AT PAGES 48 AND 49, RECORDS SAN MATEO COUNTY, BURLINGAME, CALIFORNIA", FILED FOR RECORD 1N THE OFFICE OF THE RECORDER OF THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA, ON JANUARY 9TH, 1976 IN BOOK 30 OF PARCEL MAPS, AT PAGE 17. SNnM:4858-0824-8129.9 Exhibit E EXHIBIT C PRELIMINARY SHORING PLAN [to be attached] SNnM:4858-0824-8129.9 Exhibit E EXHIBIT D INSURANCE REQUIREMENTS 1. Certificate of Liability Insurance, with a minimum general liability limit of $1,000,000 per occurrence and $2,000,000 general aggregate issued by a Company authorized to do business in the State of California. The certificate shall include an endorsement naming the City of Burlingame, its officers, directors, employees and volunteers as additionally insured per the provisions and conditions of the Agreement. 2. Pollution Liability Insurance insuring Developer for new pollution conditions which create liability for bodily injury and property damage arising out the Subsurface Work in an amount not less than $5,000,000 per claim and $10,000,000 in the aggregate. Developer shall add City of Burlingame to such policy as an additional insured. SNnM:4858-0824-8129.9 Exhibit E SNnM:4858-0824-8129.9 Exhibit E EXHIBIT E FORM SHORING AGREEMENT FOR FUTURE CITY REDEVELOPMENT PROJECT [to be attached] SNnM:4858-0824-8129.9 Exhibit E BUR— IN�A AGENDA NO: 8i STAFF REPORT MEETING DATE: March 20, 2023 To: Honorable Mayor and City Council Date: March 20, 2023 From: Lisa K. Goldman, City Manager — (650) 558-7243 Michael Guina, City Attorney — (650) 558-7204 Helen Yu -Scott, Finance Director — (650) 558-7222 Subject: Adopt a Resolution Approving Designation of Applicant's Agents for Non - State Aaencies RECOMMENDATION Staff recommends that the City Council adopt a Resolution approving designation of Applicant's Agents For Non -State Agencies. BACKGROUND Since December 31, 2022, the Bay Area has been inundated with heavy rainstorms and wind events, leading to flooding, power outages, downed trees, and other challenges. The City of Burlingame experienced severe flooding consistent with localized flooding events throughout San Mateo County. As a result, the City Manager, acting in her capacity as the Director of Emergency Services, and pursuant to Burlingame Municipal Code section 3.36.060(a), proclaimed the existence of a local emergency on January 3, 2023. Thereafter, the City Council ratified that proclamation on January 9, 2023, pursuant to Resolution No. 002-2023. The ratification resolution also authorized the City Manager to request financial assistance from federal and state authorities for recovery from the local emergency. DISCUSSION Pursuant to California Government Code Section 8680.9, a local emergency is a condition of extreme peril to persons or property proclaimed as such by the governing body of the local agency affected by a natural or manmade disaster. The purpose of a local emergency proclamation is to provide extraordinary police powers; provide immunity for emergency actions; authorize issuance of orders and regulations; and activate pre -established emergency provisions. It is also a prerequisite for requesting state or federal assistance. The San Mateo Department of Emergency Management (DEM), FEMA, and the State have all defined the emergency period as concluding on January 31, 2023. San Mateo County is continuing to work with Cal-OES and FEMA to aid cities in recovering some of the extraordinary costs associated with the storm. San Mateo County has been designated for across-the-board Public Assistance from FEMA, and the City of Burlingame is very likely be eligible for such assistance. 1 Designation of Applicant's Agents For Non -State Agencies March 20, 2023 In order to be obtain federal financial assistance, the City of Burlingame must submit a "Request for Public Assistance in the FEMA grant portal by March 18, 2023. Cal OES Form 130, a Designation of Applicant's Agent Resolution for Non -State Agencies, is required of all applicants to be eligible to receive funding. In addition, Cal OES Form 130 will be valid for three years from the last date of approval, which will allow the City of Burlingame to seek future financial assistance for qualified disaster expenses during the three-year period. FISCAL IMPACT There is no direct fiscal impact to the City's budget. Approving the Designation of Applicant's Agent Resolution for Non -State Agencies will enable the City to meet funding requirements and file for reimbursement. Exhibits: • Resolution • Designation of Applicant's Agent Resolution for Non -State Agencies (Cal OES Form 130) 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING DESIGNATION OF APPLICANT'S AGENTS FOR NON -STATE AGENCIES WHEREAS, in response to the December 31, 2022, winter storm emergency, actions have been taken at the local, state, and federal level; and WHEREAS, on January 3, 2023, the City Manager, acting in her capacity as the Director of Emergency Services, and pursuant to Burlingame Municipal Code section 3.36.060(a), proclaimed the existence of a local emergency; and WHEREAS, on January 9, 2023, the City Council of the City of Burlingame adopted Resolution No. 02-2023, ratifying the proclamation of the local emergency and authorizing the City Manager to request financial assistance from federal and state authorities for recovery from the emergency; and WHEREAS, in accordance with Section 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), eligible costs associated with the response to the emergency may be reimbursed under the Federal Emergency Management Agency's (FEMA) Public Assistance Program; and WHEREAS, the City of Burlingame incurred financial impacts during the period and plans to submit a "Request for Public Assistance" to the California Governor's Office of Emergency Services (Cal OES); and WHEREAS, any qualifying costs incurred by the City may be eligible for reimbursement for the period beginning December 31, 2022, and a Designation of Applicant's Agent Resolution for Non -State Agencies is required of all applicants to be eligible to receive funding; and WHEREAS, the Cal OES Request for Public Assistance will be valid for three years from the last date of approval, which will allow the City to seek future financial assistance for qualified disaster expenses during the three-year period; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Burlingame hereby adopts the resolution approving Designation of Applicant's Agents for Non - State Agencies, authorizes staff to submit the Designation of Applicant's Agents for Non -State Agencies, in the form attached hereto, and take other actions necessary in furtherance of this resolution. Michael Brownrigg Mayor I, Meaghan Hassel -Shearer, Clerk of the City of Burlingame, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the Burlingame City Council held on the 201h day of March 2023, by the following vote to wit: AYES: Councilmembers NOES: Councilmembers ABSENT: Councilmembers Meaghan Hassel -Shearer, City Clerk STATE OF CALIFORNIA CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES DESIGNATION OF APPLICANT'S AGENT RESOLUTION NON -STATE AGENCIES OES-FPD-130 (Rev. 10-2022) RECOVERY DIRECTORATE FINANCIAL PROCESSING DIVISION Cal OES ID No: DESIGNATION OF APPLICANT'S AGENT RESOLUTION FOR NON -STATE AGENCIES BE IT RESOLVED BY THE City Council OF THE (Governing Body) City of Burlingame (Name of Applicant) THAT City Manager OR (Title of Authorized Agent) Finance Director OR (Title of Authorized Agent) Financial Services Manager (Title of Authorized Agent) is hereby authorized to execute for and on behalf of the City of Burlingame (Name of Applicant) a public entity established under the laws of the State of California, this application and to file it with the California Governor's Office of Emergency Services for the purpose of obtaining federal financial assistance for any existing or future grant program, including, but not limited to any of the following: Federally declared Disaster (DR), Fire Mitigation Assistance Grant (FMAG), California State Only Disaster (CDAA), Immediate Services Program (ISP), Hazard Mitigation Grant Program (HMGP), Building Resilient Infrastructure and Communities (BRIC), Legislative Pre -Disaster Mitigation Program (LPDM), under Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act. - Flood Mitigation Assistance Program (FMA), under Section 1366 of the National Flood Insurance Act of 1968. - National Earthquake Hazards Reduction Program (NEHRP) 42 U.S. Code 7704 (b) ((2) (A) (ix) and 42 U.S. Code 7704 (b) (2) (B) National Earthquake Hazards Reduction Program, and also The Consolidated Appropriations Act, 2018, Div. F, Department of Homeland Security Appropriations Act, 2018, Pub. L. No. 115-141 - California Early Earthquake Warning (CEEW) under CA Gov Code - Gov, Title 2, Div. 1, Chapter 7, Article 5, Sections 8587.8, 8587.1 1, 8587.12 That the City of Burlingame a public entity established under the (Name of Applicant) laws of the State of California, hereby authorizes its agent(s) to provide to the Governor's Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required. Rev. 10-2022 Page 1 of 4 0ES-FPD-130 STATE OF CALIFORNIA RECOVERY DIRECTORATE CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES FINANCIAL PROCESSING DIVISION DESIGNATION OF APPLICANT'S AGENT RESOLUTION NON -STATE AGENCIES OES-FPD-130 (Rev. 10-2022) Please check the appropriate box below This is a universal resolution and is effective for all open and future disasters/grants declared up to three (3) years following the date of approval. ❑ This is a disaster/grant specific resolution and is effective for only disaster/grant number(s): Passed and approved this 20 day of March , 2023 Michael Brownrigg, Mayor (Name and Title of Governing Body Representative) Donna Colson, Vice-M (Name and Title of Governing Body Representative) Emily Beach, Councilmember (Name and Title of Governing Body Representative) Ricardo Ortiz, Councilmember Peter Stevenson, Councilmember CERTIFICATION I, Meaghan Hassel -Shearer duly appointed and City Clerk of (Name) (Title) City of Burlingame , do hereby certify that the above is a true and (Name of Applicant) correct copy of a resolution passed and approved by the City Council (Governing Body) of the City of Burlingame on the 20 (Name of Applicant) (Signature) day of March City Clerk (Title) 20 23 . Rev. 10-2022 Page 2 of 4 OES-FPD-130 OJFS STATE OF CALIFORNIA RECOVERY DIRECTORATE CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES FINANCIAL PROCESSING DIVISION DESIGNATION OF APPLICANT'S AGENT RESOLUTION NON -STATE AGENCIES OES-FPD-130 (Rev. 10-2022) A Designation of Applicant's Agent Resolution for Non -State Agencies is required of all Applicants to be eligible to receive funding. A new resolution must be submitted if a previously submitted resolution is older than three (3) years from the last date of approval, is invalid, or has not been submitted. When completing the Cal OES Form 130, Applicants should fill in the blanks on pages 1 and 2. The blanks are to be filled in as follows: Governing Body: This is the group responsible for appointing and approving the Authorized Agents. Examples include: Board of Directors, City Council, Board of Supervisors, Board of Education, etc. Name of Applicant: The public entity established under the laws of the State of California. Examples include: School District, Office of Education, City, County or Non-profit agency that has applied for the grant, such as: City of San Diego, Sacramento County, Burbank Unified School District, Napa County Office of Education, University Southern California. Authorized Agent: These are the individuals that are authorized by the Governing Body to engage with the Federal Emergency Management Agency and the California Governor's Office of Emergency Services regarding grants for which they have applied. There are two ways of completing this section: 1. Titles Only: The titles of the Authorized Agents should be entered here, not their names. This allows the document to remain valid if an Authorized Agent leaves the position and is replaced by another individual. If "Titles Only" is the chosen method, this document must be accompanied by either a cover letter naming the Authorized Agents by name and title, or the Cal OES AA Names document. The supporting document can be completed by any authorized person within the Agency (e.g., administrative assistant, the Authorized Agent, secretary to the Director). It does not require the Governing Body's signature. 2. Names and Titles: If the Governing Body so chooses, the names and titles of the Authorized Agents would be listed. A new Cal OES Form 130 will be required if any of the Authorized Agents are replaced, leave the position listed on the document, or their title changes. Rev. 10-2022 Page 3 of 4 OES-FPD-130 STATE OF CALIFORNIA RECOVERY DIRECTORATE CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES FINANCIAL PROCESSING DIVISION DESIGNATION OF APPLICANT'S AGENT RESOLUTION NON -STATE AGENCIES OES-FPD-130 (Rev. 10-2022) Checking Universal or Disaster -Specific Box: A Universal resolution is effective for all past disasters and for those declared up to three (3) years following the date of approval. Upon expiration it is no longer effective for new disasters, but it remains in effect for disasters declared prior to expiration. It remains effective until the disaster goes through closeout unless it is superseded by a newer resolution. Governing Body Representative: These are the names and titles of the approving Board Members. Examples include: Chairman of the Board, Director, Superintendent, etc. The names and titles cannot be one of the designated Authorized Agents. A minimum of three (3) approving board members must be listed. If less than three are present, meeting minutes must be attached in order to verify a quorum was met. Name and Title: This is the individual in attendance who recorded the creation and approval of this resolution. Examples include: City Clerk, Secretary to the Board of Directors, County Clerk, etc. This person cannot be one of the designated Authorized Agents or Approving Board Member. If a person holds two positions (such as City Manager and Secretary to the Board) and the City Manager is to be listed as an Authorized Agent, then that person could sign the document as Secretary to the Board (not City Manager) to eliminate "Self -Certification." Rev. 10-2022 Page 4 of 4 OES-FPD-130 To: Date: From: STAFF REPORT Honorable Mayor and City Council March 20, 2023 AGENDA NO: 8j MEETING DATE: March 20,2023 Kevin Gardiner, Director of Community Development — (650) 558-7253 Rick Caro, Chief Building Official — (650) 558-7270 Subject: Adoption of a Resolution Authorizing the City Manager to Negotiate and Execute Amendment No. 2 to the Professional Services Agreement with Bureau Veritas North America, Inc. for Plan Check and Building Inspection Services for Fiscal Year 2022-2023 to Increase the Contract Amount by $1,000,000, for a Total Compensation, Entirely Paid by Applicants, Not to Exceed $2,560,000, to Cover Expected Expenses Related to Multiple Large Construction Projects RECOMMENDATION Staff recommends that the City Council authorize the City Manager to negotiate and execute Amendment No. 2 to the Professional Services Agreement with Bureau Veritas, Inc., increasing the contract amount by $1,000,000, for a total compensation not to exceed $2,560,000, to cover additional plan check and building inspection services for Fiscal Year 2022-2023 related to the building permit applications submitted for 810 & 821 Malcolm Rd, 1699 Bayshore Hwy, and 777 Airport Blvd (which includes one new seven —story Office / Lab building, a new nine -story parking structure, a new eight -story Office / Lab building and a new thirteen -story Office / Lab building. BACKGROUND/DISCUSSION On October 6, 1992, the City of Burlingame entered into a contract with Linhart Petersen Powers Associates for building inspection and plan check services. On October 31, 2006, Bureau Veritas NA (BV) acquired Linhart Petersen Powers Associates. The City has continued to contract with Bureau Veritas for building inspection and plan check services over time. The current agreement was approved on August 24, 2021, in the amount of $760,000, and was first amended on August 15, 2022 to allow an increase of $800,000, for a total of $1,560,000. Since then, multiple large projects with a total combined construction valuation of $412 million have been submitted to the Building Division. In response, the Chief Building Official is requesting a second amendment to the current Professional Services Agreement to increase the contract amount by $1,000,000. This increase will cover the additional plan check and building inspection services for the remainder of Fiscal Year 2022-2023 and will cover most of Fiscal Year 2023-2024 services. Bureau Veritas North America Agreement March 20, 2023 The building permit plan check fees paid by the applicants cover the costs of BVs' services to the City. As such, these are considered to be pass -through fees. The increased amount of $1,000,000 being requested is based on plan check and inspection services for 810 Malcolm Road, 821 Malcolm Road, 1699 Bayshore Highway, and 777 Airport Boulevard. The general terms of Amendment No. 2 for services with Bureau Veritas, Inc. have not changed, with the exception that the Building Official was able to negotiate lower plan check fees (due to project scale) for the above -referenced major construction projects. The original agreement terminates on June 30, 2024, with options to renew for two additional one-year terms. Bureau Veritas, Inc. has indicated it will exercise the option to renew the agreement for the first of the two potential one-year renewals. FISCAL IMPACT There is no net fiscal impact on Amendment No. 2 to the City's General Fund, as building permit plan check fees, which are taken in at the time of the initial applicant submittal, cover the cost of Bureau Veritas North America, Inc. services. Any funds that are remaining at the end of the fiscal year are put into the building enterprise fund reserves. Exhibits: • Resolution • Proposed Amendment No. 2 • Original Agreement 2 RESOLUTION NO. RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH BUREAU VERITAS NORTH AMERICA, INC. INCREASING THE CONTRACT AMOUNT BY $1,000,000 TO COVER PLAN CHECK AND BUILDING INSPECTION SERVICES RELATED TO MULTIPLE LARGE CONSTRUCTION PROJECTS WHEREAS, on August 24, 2021, the City Council authorized the City Manager to execute an agreement with Bureau Veritas North America, Inc. for plan check and building inspection services required by the Community Development Department - Building Division, in the amount of $760,000; and WHEREAS, on August 15, 2022, the City Council authorized the City Manager to execute Amendment No. 1 to the agreement with Bureau Veritas North America, Inc. for plan check and building inspection services required by the Community Development Department - Building Division, in the amount of $800,000, for total amount of $1,560,000; and WHEREAS, the Community Development Department - Building Division has received Building Permit Applications for several major construction projects that will necessitate engaging the services of the vendor to a greater degree than budgeted for Fiscal Year 2022-2023, and therefore an amendment to the maximum amount to be expended under the terms of the current Professional Services Agreement with Bureau Veritas North America, Inc. is necessary; and WHEREAS, all costs for plan check and permit fees are passed through to project proponents. NOW, THEREFORE, BE IT RESOLVED AND ORDERED: The City Manager is authorized and directed to negotiate and execute Amendment No. 2 to the Professional Services Agreement with Bureau Veritas North America, Inc., in the form attached hereto, for plan check and inspection services, increasing the contracted amount by $1,000,000, for a total compensation not to exceed $2,560,000. 2. The City Clerk is directed to attest to the signature of the City Manager upon execution of Amendment No. 2 to the Professional Services Agreement. 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 20t" day of March, 2023, and was adopted thereafter by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: City Clerk AMENDMENT NO.2 TO AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF BURLINGAME AND BUREAU VERITAS NORTH AMERICA, INC. FOR PLAN CHECK AND BUILDING INSPECTION SERVICES THIS AMENDMENT NO.2 is by and between Bureau Veritas North America, Inc. ("Consultant"), engaged in plan check and building inspection services in Burlingame, and the City of Burlingame, a public body of the State of California ("City"), amending the Agreement between the parties dated August 4, 2021, hereinafter called the "Agreement." RECITALS WHEREAS, on August 24, 2021, the City Council authorized the City Manager to execute an agreement with Bureau Veritas North America, Inc. for plan check and building inspection services required by the Community Development Department - Building Division, in the amount of $760,000; and WHEREAS, on August 15, 2022, the City Council authorized the City Manager to execute an amendment to the agreement with Bureau Veritas North America, Inc. for plan check and building inspection services required by the Community Development Department - Building Division, in the amount of $800,000, for total amount of $1,560,000 (Amendment No. 1); and WHEREAS, the Community Development Department - Building Division has received Building Permit Applications for several major construction projects that will necessitate engaging the services of the vendor to a greater degree than budgeted for Fiscal Year 2022-2023, and therefore an amendment to the maximum amount to be expended under the terms of the current Professional Services Agreement with Bureau Veritas North America, Inc. is necessary. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. The Consultant shall provide the additional services requested by the City for major construction projects. 2. The additional cost shall not exceed $1,000,000, to be invoiced as the work occurs, for a total compensation not to exceed $2,560,000.00. 3. Except as expressly amended in this Amendment # 2, all other terms and conditions contained in the Agreement shall remain in full force and effect. Amendment No. 2 to Agreement for Professional Services between True North Compliance Services, Inc. and the City of Burlingame IN WITNESS WHEREOF, Consultant and City execute this Amendment No. 2 to the Agreement. CITY OF BURLINGAME 501 Primrose Road Burlingame, CA 94010 By: Lisa Goldman City Manager Date: Attest: Meaghan Hassel -Shearer City Clerk Approved as to form: Michael Guina City Attorney CONSULTANT BUREAU VERITAS NORTH AMERICA, INC. 180 Promenade Circle, Suite 150 Sacramento, CA 95834 By: Craig Baptista Vice President Date: Federal Employer ID Number: 06-1689244 License Number: C2888871 Expiration Date: N/A Attachments: Exhibit A — Originally Executed Contract, Scope of Work and Certificate of Liability Insurance 2 DocuSign Envelope ID: 8DAF5115-01EB-4D81-A5CB-B239989B6ED3 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF BURLINGAME AND BUREAU VERITAS NORTH AMERICA, INC. THIS AGREEMENT is by and between BUREAU VERITAs NORTH AMERICA, INC. ("Consultant") and the City of Burlingame, a public body of the State of California ("City") Consultant and City agree: 1. Services. Consultant shall provide the Services set forth in Exhibit A, attached hereto and incorporated herein, to render services for Building Division support to include but not be limited to plan review, technical support, inspection services, and permit issuance services. 2. Compensation. Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum compensation amount, Consultant agrees to perform all of the Scope of Services in Exhibit A for the compensation defined in Exhibit B, not to exceed $760,000 ("Maximum Compensation") without prior authorization. Consultant shall submit invoices on a monthly basis. All bills submitted by Consultant shall contain sufficient information to determine whether the amount deemed due and payable is accurate. Bills shall include a brief description of services performed, the date services were performed, the number of hours spent and by whom, a brief description of any costs incurred and the Consultant's signature. 3. Term. This Agreement commences on full execution hereof and terminates on June 30, 2024, with options to renew for two (2) additional one (1) year terms. Consultant agrees to diligently prosecute the services to be provided under this Agreement to completion and in accordance with any schedules specified herein. In the performance of this Agreement, time is of the essence. Time extensions for delays beyond the Consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator prior to the expiration of the specified completion date. 4. Assignment and Subcontracting. A substantial inducement to City for entering into this Agreement is the professional reputation and competence of Consultant. Neither this Agreement nor any interest herein may be assigned or subcontracted by Consultant without the prior written approval of City. It is expressly understood and agreed by both parties that Consultant is an independent contractor and not an employee of the City. 5. Insurance. Consultant, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof, acceptable to the City, the insurance coverages specified in Exhibit C, "City Insurance Requirements," attached hereto and incorporated herein by reference. Consultant shall demonstrate proof of required insurance coverage prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance to City. 6. Indemnification. Consultant shall indemnify, defend, and hold City, its directors, officers, employees, agents, and volunteers harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of, pertaining or relating to the negligence, recklessness or willful misconduct of Consultant, its employees, subcontractors, or agents, or on account of the performance or character of the Services, except for any such claim arising out of the sole negligence or willful misconduct of the City, its officers, employees, DocuSign Envelope ID: 8DAF5115-01EB-4D81-A5CB-B239989B6ED3 agents, or volunteers. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in section 2778 of the California Civil Code. Notwithstanding the foregoing, for any design professional services, the duty to defend and indemnify City shall be limited to that allowed pursuant to California Civil Code section 2782.8. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 7. Termination and Abandonment. This Agreement may be cancelled at any time by City for its convenience upon written notice to Consultant. In the event of such termination, Consultant shall be entitled to pro -rated compensation for authorized Services performed prior to the effective date of termination provided however that City may condition payment of such compensation upon Consultant's delivery to City of any or all materials described herein. In the event the Consultant ceases performing services under this Agreement or otherwise abandons the project prior to completing all of the Services described in this Agreement, Consultant shall, without delay, deliver to City all materials and records prepared or obtained in the performance of this Agreement. Consultant shall be paid for the reasonable value of the authorized Services performed up to the time of Consultant's cessation or abandonment, less a deduction for any damages or additional expenses which City incurs as a result of such cessation or abandonment. 8. Ownership of Materials. All documents, materials, and records of a finished nature, including but not limited to final plans, specifications, video or audio tapes, photographs, computer data, software, reports, maps, electronic files and films, and any final revisions, prepared or obtained in the performance of this Agreement, shall be delivered to and become the property of City. All documents and materials of a preliminary nature, including but not limited to notes, sketches, preliminary plans, computations and other data, and any other material referenced in this Section, prepared or obtained in the performance of this Agreement, shall be made available, upon request, to City at no additional charge and without restriction or limitation on their use. Upon City's request, Consultant shall execute appropriate documents to assign to the City the copyright or trademark to work created pursuant to this Agreement. Consultant shall return all City property in Consultant's control or possession immediately upon termination. 9. Compliance with Laws. In the performance of this Agreement, Consultant shall abide by and conform to any and all applicable laws of the United States and the State of California, and all ordinances, regulations, and policies of the City. Consultant warrants that all work done under this Agreement will be in compliance with all applicable safety rules, laws, statutes, and practices, including but not limited to Cal/OSHA regulations. If a license or registration of any kind is required of Consultant, its employees, agents, or subcontractors by law, Consultant warrants that such license has been obtained, is valid and in good standing, and Consultant shall keep it in effect at all times during the term of this Agreement, and that any applicable bond shall be posted in accordance with all applicable laws and regulations. 10. Conflict of Interest. Consultant warrants and covenants that Consultant presently has no interest in, nor shall any interest be hereinafter acquired in, any matter which will render the services required under the provisions of this Agreement a violation of any applicable state, local, or federal law. In the event that any conflict of interest should nevertheless hereinafter arise, Consultant shall promptly notify City of the existence of such conflict of interest so that DocuSign Envelope ID: 8DAF5115-01EB-4D81-A5CB-B239989B6ED3 the City may determine whether to terminate this Agreement. Consultant further warrants its compliance with the Political Reform Act (Government Code § 81000 et seq.) respecting this Agreement. 11. Whole Agreement and Amendments. This Agreement constitutes the entire understanding and Agreement of the parties and integrates all of the terms and conditions mentioned herein or incidental hereto and supersedes all negotiations or any previous written or oral Agreements between the parties with respect to all or any part of the subject matter hereof. The parties intend not to create rights in, or to grant remedies to, any third party as a beneficiary of this Agreement or of any duty, covenant, obligation, or undertaking established herein. This Agreement may be amended only by a written document, executed by both Consultant and the City Manager, and approved as to form by the City Attorney. Such document shall expressly state that it is intended by the parties to amend certain terms and conditions of this Agreement. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. Multiple copies of this Agreement may be executed but the parties agree that the Agreement on file in the office of the City Clerk is the version of the Agreement that shall take precedence should any differences exist among counterparts of the document. This Agreement and all matters relating to it shall be governed by the laws of the State of California. 12. Capacity of Parties. Each signatory and party hereto warrants and represents to the other party that it has all legal authority and capacity and direction from its principal to enter into this Agreement and that all necessary actions have been taken so as to enable it to enter into this Agreement. 13. Severability. Should any part of this Agreement be declared by a final decision by a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond the authority of either party to enter into or carry out, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in frill force and effect, provided that the remainder of this Agreement, absent the unexcised portion, can be reasonably interpreted to give effect to the intentions of the parties. 14. Notice. Any notice required or desired to be given under this Agreement shall be in writing and shall be personally served or, in IieLI of personal service, may be given by (i) depositing such notice in the United States mail, registered or certified, return receipt requested, postage prepaid, addressed to a party at its address set forth in Exhibit A; (ii) transmitting such notice by means of Federal Express or similar overnight commercial courier ("Courier"), postage paid and addressed to the other at its street address set forth below; (iii) transmitting the same by facsimile, in which case notice shall be deemed delivered upon confirmation of receipt by the sending facsimile machine's acknowledgment of such with date and time printout; or (iv) by personal delivery. Any notice given by Courier shall be deemed given on the date shown on the receipt for acceptance or rejection of the notice. Either party may, by written notice, change the address to which notices addressed to it shall thereafter be sent. 15. Miscellaneous. Except to the extent that it provides a part of the definition of the term used herein, the captions used in this Agreement are for convenience only and shall not be DocuSign Envelope ID: 8DAF5115-01EB-4D81-A5CB-B239989B6ED3 considered in the construction of interpretation of any provision hereof, nor taken as a correct or complete segregation of the several units of materials and labor. Capitalized terms refer to the definition provide with its first usage in the Agreement. When the context of this Agreement requires, the neuter gender includes the masculine, the feminine, a partnership or corporation, trust or joint venture, and the singular includes the plural. The terms "shall", "will", "must" and "agree" are mandatory. The term "may" is permissive. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. When a party is required to do something by this Agreement, it shall do so at its sole cost and expense without right to reimbursement from the other party unless specific provision is made otherwise. Where any party is obligated not to perform any act, such party is also obligated to restrain any others within its control from performing such act, including its agents, invitees, contractors, subcontractors and employees. IN WITNESS WHEREOF, Consultant and City execute this Agreement. CITY OF BURLINGAME BUREAU VERITAS NORTH AMERICA, 501 Primrose Road INC. Burlingame, CA 94010 180 Pro nade Circle, Suite 150 Sacra to, CA 95834 DocuSigned by: By 148E33A55AF649F... By: Lisa Goldman Name: Crai testa City Manager Title: Vice President 8/4/2021 Date: Date: August 4, 2021 DocuSigned by: Attest: Ze— 1d�+ss`� Si�a.7. Federal Employer ID Number: 06-1689244 Mea01an assel-Shearer License Number: C2888871 City Clerk Expiration Date: N/A DocuSign Envelope ID: 8DAF5115-01 EB-4D81 -A5CB-B239989B6ED3 Approved as to form: Do'c'Iu,Siigned by: __4F49E�96274A1... Michael Guina City Attorney Attachments: Exhibit A Scope of Work Exhibit B Fee Schedule Exhibit C City Insurance Provisions DocuSign Envelope ID: 8DAF5115-01EB-4D81-MCB-13239989136ED3 Building Safety and Inspection Services Exhibit A — Scope of Work Exhibit A - Scope of Work Plan Review Services Plan Review: Bureau Veritas North America, Inc. will perform plan reviews to check plans for compliance with the California Building Codes as generally found in Title 24 Parts 2, 2.5, 3, 4, 5, 6, 8 and 12 including structural, fire/life safety, disabled access, and energy conservation requirements - as amended by City. Comment Lists and Plans Delivery: Plan reviews result in typed lists of comments, which refer to specific details and drawings, and reference applicable code sections. Bureau Veritas North America, Inc. will transport plans comments to City contact person, via FAX, and/or reliable overland carrier. Overnight delivery is available at no extra cost. Depending on the City's preferred process, Bureau Veritas North America, Inc. will provide plan check comments and perform rechecks directly with (1) the City, or (2) the applicant/designer, returning approved documents to the City after the plan review process is completed. Turn -Around Schedules: Plan reviews will generally be completed/returned to City within approximately ten (10) working days of the date the plans are received by Bureau Veritas North America, Inc.. Other turnaround schedules will be accommodated at request of City. Large, unusually complex plan reviews may require up to a fifteen (15) day turnaround. Technical Support: When mutually agreed between the City and Bureau Veritas North America, Inc. as vital to project success, Bureau Veritas North America, Inc. staff will attend pre -construction or pre -design meetings, field visits upon request, and provide support for field inspection personnel on an as -needed basis. Inspection Services Bureau Veritas North America, Inc. will provide building inspector(s) as requested by the City. The scope of inspection services to be provided will be defined below or as defined uniquely for each project or as determined by Bureau Veritas North America, Inc. and the City. Inspector(s) will report directly to the City Building Official or other person designated by the City for all project -related work. In general, the inspection services to be provided may include, but are not limited to, field observation of all construction activity, preparation of daily reports, review of submittals and other duties as assigned. Permit Issuance Services Bureau Veritas North America, Inc. believes strongly in providing the highest possible customer service to each of our clients and to the general public we serve. Bureau Veritas North America, Inc. personnel are skilled and trained in assisting permit applicants in all facets of building department policies and procedures. Our staff will calculate and collect permit and inspection fees and issue permits on City forms. All permits will be issued in compliance with the City's adopted Building Codes in the time frame required by the City. Bureau Veritas North America, Inc. staff will be available to assist permit applications on all appropriate codes and regulations including flood zone requirements, hazardous materials disclosure reporting, contractor's licensing verification, worker's compensation insurance verification, etc. as needed by the City. Bureau Veritas North America, Inc. staff will become familiar with the City's permit tracking software and any recordkeeping necessary for the permit process. P Move Forward with Confidence DocuSign Envelope ID: 8DAF5115-01EB-4D81-MCB-13239989136ED3 SCHEDULE OF FEES BUILDING SAFETY AND INSPECTION SERVICES, CITY OF BURLINGAME MAY 28, 2021 Plan Review Basic Fees: For complete plan review projects performed at Bureau Veritas North America, Inc. offices, fees are as shown below, based on the City -collected plan review fees. Basic fees include first and second plan reviews and simple, quick third reviews. Full Plan Review Completed in BVNA Offices 70% of City's plan review fee Miscellaneous and Structural Only Review 50%of City's plan review fee Full Plan Review for projects valued over $10,000,000 50% of City's plan review fee "Plumbing/mechanical/electrical-only and unreinforced masonry The fee for expedited plan review will be an additional 25%. Other Fees: In addition to the Basic Fees described above, time -and materials methods using the current Bureau Veritas North America, Inc. hourly rate schedule will be used for determining fees for the following types of services: 1. Fees for plan review revisions to permitted plans will be based on the current Bureau Veritas North America, Inc. hourly rate schedule. 2. Fees for problem plan checks that require more than a quick third check to approve the project, when mutually agreed between the Chief Building Official and Bureau Veritas North America, Inc., will be based on the current Bureau Veritas North America, Inc. hourly rate schedule. 3. For rechecks of projects that were reviewed by others. Inspection Services Building Inspection Services will be provided at $90.00 per hour per inspector, including miscellaneous charges as specified by the current Bureau Veritas North America, Inc. Schedule of Charges (below) or other fixed fee method as mutually agree- able between the City and Bureau Veritas North America, Inc. Permit Issuance Services Permit Issuance Services will be provided at $65.00 per hour in accordance with the current Fee Schedule. DocuSign Envelope ID: 8DAF5115-01EB-41D81-A5CB-B239989B6ED3 Our pricing reflects our commitment to the success of your City by helping you maintain significant quality and cost saving benefits moving forward. These include: • Reduced plan review turnaround times • Implementation of established electronic plan review processes • Commitmentto maintain a proposed rate structure forthe life of the initial contract period • Highly qualified staff compensated commensurate with their duties and responsibilities • Confidence of workingwith a well -established consultant in business for 193+ years Hourly rates for project personnel are outlined below: Staff Level Classifications Hourly Billing Rate* Senior Plans Examiner $135.00 Senior Engineer $145.00 Plan Review Engineer $115.00 Senior Combination Building Inspector $95.00 Building Inspector $90.00 Permit Technician $65.00 Accessibility Plans Examiner (CASp) $115.00 *Overtime, weekend or holiday rates will be an additional 30% of the hourly rates shown above *Rates are valid from July 1, 2021 to June 30, 2026. Bureau Veritas North America, Inc.; Hourly rates are subject to annual adjustment in accordance with CPI and with City of Burlingame approval. Miscellaneous Charges Description Billing Rate* Personal Vehicle, per mile $.55 or current IRS rate DocuSign Envelope ID: 8DAF5115-01EB-4D81-A5CB-B239989B6ED3 Exhibit C INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. Minimum Scope of insurance Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 12 04 covering CGL on an "occurrence" basis, including products -completed operations, personal & advertising injury, with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be $2,000,000. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability (Errors and Omissions) Insurance appropriate to the Contractor's profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. If the contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the contractor. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City, its officers, officials, employees, and volunteers are to be covered as insureds on the auto policy with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor and on the general liability policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used). Primary Coverage For any claims related to this contract, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. DocuSign Envelope ID: 8DAF5115-01EB-4D81-A5CB-B239989B6ED3 Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days' prior written notice (10 days for non-payment) has been given to the City. Waiver of Subrogation Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Deductibles and Self -Insured Retentions Any deductibles or self -insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than AXII, unless otherwise acceptable to the City. Claims Made Policies (note — should be applicable only to professional liability, see below) If any of the required policies provide claims -made coverage: 1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. CITY gr� To: Date: From: STAFF REPORT Honorable Mayor and City Council March 20, 2023 AGENDA NO: 8k MEETING DATE: March 20, 2023 Kevin Gardiner, Community Development Director — (650) 558-7253 Subject: Adoption of a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with ICF Jones & Stokes, Inc. (ICF) to Perform Environmental Review Services Related to the Proposed Development of a New Office / Research and Development Building at 1499 Bayshore Highway in the Amount of $173,212.60 RECOMMENDATION Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a Professional Services Agreement with ICF Jones & Stokes, Inc. (ICF) for environmental review services totaling $173,212.60 related to the development of a new building proposed at 1499 Bayshore Highway. BACKGROUND The City of Burlingame received an application from King 1499 Owners LLC on September 12, 2022, for Environmental Review, Commercial Design Review, Special Permits for Building Height and for Tier 3 Community Benefits for increased FAR and parcelization and vesting tentative map for a new 315,200 SF office / research and development (R&D) building at 1499 Bayshore Highway. The project site consists of merging two existing parcels, 1499 Bayshore Highway and 825 Mahler Road to create one 2.97 acres site for redevelopment. The two sites contain a total of three existing buildings that would be demolished. The proposed project consists of constructing an eight -story lab/office building (approximately 315,200 SF) at the front of the site and an open parking garage with seven levels at the back of the site (along Mahler Road). The project proposes a total of 642 off-street parking spaces. Garage entry and exit will be off Mahler Road. The main entry to the office building will be off Mahler Road with a dedicated on -site vehicular drop-off lane. Loading, service, and fire lane access are provided between the two structures and accessed off Mahler Road. An extensive public outdoor plaza is proposed on the southern side of the office building along Mills Creek. The project requires Commercial Design Review, Special Permits for building height and for Community Benefits for increased FAR for development under Tier 3 (per the 1-1 zoning). The project is subject to environmental review pursuant to the California Environmental Quality Act (CEQA). The CEQA document is anticipated to be a Class 32 urban infill development. The 1 Professional Services Agreement with ICF March 20, 2023 proposal for the CEQA document preparation includes sub consultants needed to prepare the technical studies required to support the CEQA document findings including biological survey, peer review of the applicant's transportation study, air quality, noise, and a water supply assessment. DISCUSSION The Community Development Department selected ICF to perform the environmental review required for the proposed project. Final selection of the CEQA consultant was based on the consultant's previous experience preparing CEQA documents in Burlingame in a timely and efficient manner, and for particular experience and familiarity with the subject property for which they prepared a CEQA document for a previous hotel proposal at this site back in 2019. The contract amount is greater than $100,000 and thus requires City Council approval to proceed. The project has not been before the Planning Commission; once all of the plan check comments have been addressed, the project will be scheduled for a Design Review Study Meeting before the Planning Commission. Preparation of a CEQA document and supporting technical reports requires a budget in the amount of $173,212.60. As this budget exceeds the $100,000 City Council threshold for review of contracts, staff requests City Council approval to authorize the City Manager to execute the Professional Services Agreement with ICF for $173,212.60. Environmental review is a duty imposed on the lead agency under state law, but such review is funded by the development applicant. Therefore, although the agreement is with the City of Burlingame, the applicant will pay $173,212.60 to the City to cover the costs of the environmental review. The base scope of work has a budget of $168,372.60. An optional task that would update the noise measurements from a previous 2018 study has also been included with a cost of $4,840.00. Should the optional noise measurement task not be needed, it will not be billed. Any remaining budget at the conclusion of the study will be refunded to the applicant. Attached is an Agreement for Professional Services with ICF to perform the environmental review services for the proposed project, in an amount not to exceed $173,212.60, for CEQA services detailed in the February 6, 2023 scope of work for preparation of a CEQA document for the proposed project at 1499 Bayshore Highway. FISCAL IMPACT Funding for the project's environmental review is provided by the project applicant. Therefore, there will be no fiscal impact to the City's budget. Exhibits: • Proposed Resolution • Draft Contract/Agreement for Professional Services between City of Burlingame and ICF 2 Professional Services Agreement with ICF March 20, 2023 • Exhibit A — ICF Scope of Work RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH ICF JONES & STOKES, INC. (ICF) TO PERFORM ENVIRONMENTAL REVIEW SERVICES RELATED TO THE PROPOSED DEVELOPMENT OF A NEW OFFICE / RESEARCH AND DEVELOPMENT BUILDING AT 1499 BAYSHORE HIGHWAY IN THE AMOUNT OF $173,212.60 WHEREAS, the City has selected ICF ("Consultant') to perform the environmental review required for a new 315,200 SF office / research and development (R&D) building at 1499 Bayshore Highway ("Project'); and WHEREAS, the proposed project requires the completion of an environmental document, anticipated to be a Class 32 Urban Development Infill exemption; and WHEREAS, the Consultant has prepared a request to cover the cost of the requested services as outlined in the attached Scope of Work dated February 6, 2023, for the proposed Project, for a total budget of $173,212.60; and WHEREAS, because the agreement will authorize work in excess of $100,000, City Council approval is required. NOW, THEREFORE, BE IT RESOLVED AND ORDERED: 1. The City Manager is authorized and directed to enter into the Professional Services Agreement with the Consultant, in the form attached hereto, for environmental review services related to the proposed Project, consistent with the Scope of Work attached to this resolution for a maximum total cost of $173,212.60. 2. The City Clerk is directed to attest to the signature of the City Manager upon execution of the Professional Services Agreement. 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 20'h day of March, 2023, and was adopted thereafter by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: City Clerk AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF BURLINGAME AND ICF JONES & STOKES, INC. (ICF) TO PERFORM ENVIRONMENTAL REVIEW SERVICES RELATED TO THE PROPOSED DEVELOPMENT OF A NEW OFFICE / RESEARCH AND DEVELOPMENT BUILDING AT 1499 BAYSHORE HIGHWAY THIS AGREEMENT is by and between ICF Jones & Stokes, Inc. (ICF) ("Consultant") and the City of Burlingame, a public body of the State of California ("City"). Consultant and City agree: 1. Services. Consultant shall provide the Services set forth in Exhibit A, attached hereto and incorporated herein. 2. Compensation. Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum compensation amount, Consultant agrees to perform all of the Scope of Services herein required of Consultant for $173,212.60, as stated in their response to the request for proposals, including all materials and other reimbursable amounts ("Maximum Compensation"), for preparation of a CEQA document for the proposed office/research and development project at 1499 Bayshore Highway, Burlingame. Consultant shall submit invoices on a monthly basis. All bills submitted by Consultant shall contain sufficient information to determine whether the amount deemed due and payable is accurate. Bills shall include a brief description of services performed, the date services were performed, the number of hours spent and by whom, a brief description of any costs incurred and the Consultant's signature. 3. Term. This Agreement commences on full execution hereof and terminates on December 31, 2024, unless otherwise extended or terminated pursuant to the provisions hereof. Consultant agrees to diligently prosecute the services to be provided under this Agreement to completion and in accordance with any schedules specified herein. In the performance of this Agreement, time is of the essence. Time extensions for delays beyond the Consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator prior to the expiration of the specified completion date. 4. Assignment and Subcontracting. A substantial inducement to City for entering into this Agreement is the professional reputation and competence of Consultant. Neither this Agreement nor any interest herein may be assigned or subcontracted by Consultant without the prior written approval of City. It is expressly understood and agreed by both parties that Consultant is an independent contractor and not an employee of the City. 5. Insurance. Consultant, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof, acceptable to the City, the insurance coverages specified in Exhibit B, "City Insurance Requirements," attached hereto and incorporated herein by reference. Consultant shall demonstrate proof of required insurance coverage prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance to City. 6. Indemnification. Consultant shall indemnify, defend, and hold City, its directors, officers, employees, agents, and volunteers harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of, pertaining or relating to the negligence, recklessness or willful misconduct of Consultant, its employees, subcontractors, or agents, or on account of the performance or character of the Services, except for any such claim arising out of the sole negligence or willful misconduct of the City, its officers, employees, agents, or volunteers. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in section 2778 of the California Civil Code. Notwithstanding the foregoing, for any design professional services, the duty to defend and indemnify City shall be limited to that allowed pursuant to California Civil Code section 2782.8. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 7. Termination and Abandonment. This Agreement may be cancelled at any time by City for its convenience upon written notice to Consultant. In the event of such termination, Consultant shall be entitled to pro -rated compensation for authorized Services performed prior to the effective date of termination provided however that City may condition payment of such compensation upon Consultant's delivery to City of any or all materials described herein. In the event the Consultant ceases performing services under this Agreement or otherwise abandons the project prior to completing all of the Services described in this Agreement, Consultant shall, without delay, deliver to City all materials and records prepared or obtained in the performance of this Agreement. Consultant shall be paid for the reasonable value of the authorized Services performed up to the time of Consultant's cessation or abandonment, less a deduction for any damages or additional expenses which City incurs as a result of such cessation or abandonment. 8. Ownership of Materials. All documents, materials, and records of a finished nature, including but not limited to final plans, specifications, video or audio tapes, photographs, computer data, software, reports, maps, electronic files and films, and any final revisions, prepared or obtained in the performance of this Agreement, shall be delivered to and become the property of City. All documents and materials of a preliminary nature, including but not limited to notes, sketches, preliminary plans, computations and other data, and any other material referenced in this Section, prepared or obtained in the performance of this Agreement, shall be made available, upon request, to City at no additional charge and without restriction or limitation on their use. Upon City's request, Consultant shall execute appropriate documents to assign to the City the copyright or trademark to work created pursuant to this Agreement. Consultant shall return all City property in Consultant's control or possession immediately upon termination. 9. Compliance with Laws. In the performance of this Agreement, Consultant shall abide by and conform to any and all applicable laws of the United States and the State of California, and all ordinances, regulations, and policies of the City. Consultant warrants that all work done under this Agreement will be in compliance with all applicable safety rules, laws, statutes, and practices, including but not limited to Cal/OSHA regulations. If a license or registration of any kind is required of Consultant, its employees, agents, or subcontractors by law, Consultant warrants that such license has been obtained, is valid and in good standing, and Consultant shall keep it in effect at all times during the term of this Agreement, and that any applicable bond shall be posted in accordance with all applicable laws and regulations. 10. Conflict of Interest. Consultant warrants and covenants that Consultant presently has no interest in, nor shall any interest be hereinafter acquired in, any matter which will render the services required under the provisions of this Agreement a violation of any applicable state, local, or federal law. In the event that any conflict of interest should nevertheless hereinafter arise, Consultant shall promptly notify City of the existence of such conflict of interest so that the City may determine whether to terminate this Agreement. Consultant further warrants its compliance with the Political Reform Act (Government Code § 81000 et seq.) respecting this Agreement. 11. Whole Agreement and Amendments. This Agreement constitutes the entire understanding and Agreement of the parties and integrates all of the terms and conditions mentioned herein or incidental hereto and supersedes all negotiations or any previous written or oral Agreements between the parties with respect to all or any part of the subject matter hereof. The parties intend not to create rights in, or to grant remedies to, any third party as a beneficiary of this Agreement or of any duty, covenant, obligation, or undertaking established herein. This Agreement may be amended only by a written document, executed by both Consultant and the City Manager, and approved as to form by the City Attorney. Such document shall expressly state that it is intended by the parties to amend certain terms and conditions of this Agreement. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. Multiple copies of this Agreement may be executed but the parties agree that the Agreement on file in the office of the City Clerk is the version of the Agreement that shall take precedence should any differences exist among counterparts of the document. This Agreement and all matters relating to it shall be governed by the laws of the State of California. 12. Capacity of Parties. Each signatory and party hereto warrants and represents to the other party that it has all legal authority and capacity and direction from its principal to enter into this Agreement and that all necessary actions have been taken so as to enable it to enter into this Agreement. 13. Severability. Should any part of this Agreement be declared by a final decision by a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond the authority of either party to enter into or carry out, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement, absent the unexcised portion, can be reasonably interpreted to give effect to the intentions of the parties. 14. Notice. Any notice required or desired to be given under this Agreement shall be in writing and shall be personally served or, in lieu of personal service, may be given by (i) depositing such notice in the United States mail, registered or certified, return receipt requested, postage prepaid, addressed to a party at its address set forth in Exhibit A; (ii) transmitting such notice by means of Federal Express or similar overnight commercial courier ("Courier"), postage paid and addressed to the other at its street address set forth below; (iii) transmitting the same by 3 facsimile, in which case notice shall be deemed delivered upon confirmation of receipt by the sending facsimile machine's acknowledgment of such with date and time printout; or (iv) by personal delivery. Any notice given by Courier shall be deemed given on the date shown on the receipt for acceptance or rejection of the notice. Either party may, by written notice, change the address to which notices addressed to it shall thereafter be sent. 15. Miscellaneous. Except to the extent that it provides a part of the definition of the term used herein, the captions used in this Agreement are for convenience only and shall not be considered in the construction of interpretation of any provision hereof, nor taken as a correct or complete segregation of the several units of materials and labor. Capitalized terms refer to the definition provide with its first usage in the Agreement. When the context of this Agreement requires, the neuter gender includes the masculine, the feminine, a partnership or corporation, trust or joint venture, and the singular includes the plural. The terms "shall", "will", "must" and "agree" are mandatory. The term "may" is permissive. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. When a party is required to do something by this Agreement, it shall do so at its sole cost and expense without right to reimbursement from the other party unless specific provision is made otherwise. Where any party is obligated not to perform any act, such party is also obligated to restrain any others within its control from performing such act, including its agents, invitees, contractors, subcontractors and employees. IN WITNESS WHEREOF, Consultant and City execute this Agreement. CITY OF BURLINGAME ICF JONES & STOKES, INC. 501 Primrose Road 201 Mission Street, Suite 1500 Burlingame, CA 94010 By: Lisa Goldman City Manager Date: 4 San Francisco, CA 94105 Lo Date: Robert P. Krusen Associate Contracts Manager Attest: Federal Employer ID Number: 94-1730361 Meaghan Hassel -Shearer License Number: City Clerk Expiration Date: Approved as to form: Michael Guina City Attorney Attachments: Exhibit A Scope of Work Exhibit B City Insurance Provisions Proposal to Prepare CEQA Documentation for the 1499 Bayshore Highway Project in Burlingame, CA 1. PROJECT UNDERSTANDING, PROJECT HISTORY, AND APPROACH The 1499 Bayshore Highway Project (Project) includes the buildings at 1499 Bayshore Highway,801 and 825 Mahler Road (Project site) and totals 2.97 acres (accessor parcel numbers: 026-322-150 & 026-322-050). The Project site is currently occupied by two two-story office buildings, and one single -story warehouse building. The Project entails the demolition of the three existing buildings, merging of the two parcels, and the creation of office and research development (office/R&D) building with parking. The proposed office/R&D building would be located at the front of the Project site along Bayshore Highway, and would be eight -stories tall and approximately 315,200 gross square feet (gsf). Parking would be provided behind the proposed building along Mahler Road, in a standalone, seven -story parking garage with approximately 642 parking spaces. Access to the Project site would be provided via Mahler Road, with a dedicated vehicular drop-off lane, in addition to the parking garage entrance. A large public outdoor plaza on the interior of the Project site adjacent to Mills Creek would be incorporated as part of the Project, as well as cafe on the ground floor of the proposed building that would be open to the public. The Project would require Commercial Design Review, Special Permits for building height and for Community Benefits for increased FAR, and parcelization and a vesting tentative map. The Project is located within the Innovation Industrial (1-1) Zoning District and is proposed as a Tier 3 Project. The Project would provide the following community benefits: Public Plazas. The Project would provide an approximately 13,500 sf public plaza that would provide opportunities for recreation, gathering, and collaborating. 2. Public Cafe. The Project would incorporate an approximately 3,500 sf public cafe on the ground floor of the proposed building along Old Bayshore Highway. 3. Bay Trail Crossing. The Project would provide a crosswalk from the Project site across Old Bayshore Highway. It is noted that this Community Benefit is under review with the City and may be revisited. 4. Infrastructure Improvements. The Project would extend Mills Creek trail, and incorporate infrastructure improvements that would provide long-term flood protection, shoreline resilience, and underground overhead power lines. ICF previously prepared an Initial Study/Mitigated Negative Declaration (IS/MND) for a different project at the same location. That IS/MND analyzed the potential impacts from an 11-story hotel with 404 guestrooms; an attached above -grade, four -level parking structure for 289 vehicles; and a free-standing restaurant, for a total of approximately 400,000 gsf of development. To the extent possible, ICF's approach will be to rely on and/or update the analysis that was previously prepared for that IS/MND, where relevant to the currently proposed Project and current environmental setting. ICF has reviewed the information provided by King 1499 Bayshore Owner LLC (Project sponsor). Based on our preliminary review and discussions, we understand that a Categorical Exemption (CE) will provide the required level of environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15300 to 15333. This Page 0*ICF 1 Proposal to Prepare CEQA Documentation for the 1499 Bayshore Highway Project in Burlingame, CA submittal includes a scope of work, cost estimate, and tentative schedule for ICF to prepare environmental documentation for the CE (referred to as the Infill Exemption Document). Please note that if it becomes evident that the Project would have the potential to result in significant impacts on the environment, even impacts that can be mitigated to a less -than -significant level, the Project would not be eligible for an Infill Exemption Document and another CEQA pathway would need to be identified under an amended scope of work and budget. If significant and unavoidable impacts are identified, an EIR would be required. Overall, ICF's approach is to rely, where appropriate, on the analysis in the previous IS/MND and on the conclusions made in the Envision Burlingame General Plan EIR. In addition, our approach is to use as much information from the technical reports that have already been prepared for the Project. Where additional site -specific analysis is required, it is noted in our scope. The ICF team will be led by Heidi Mekkelson (Project Director), Jennifer Ostner (Project Manager), and Brent Rosenwald (Deputy Project Manager). Our key staff have worked on several other Class 32 Infill Exemption Document projects and other project types in the City of Burlingame, and are well versed with the local values and issues in the City and Project area. 2. SCOPE OF WORK This scope of work assumes that an Infill Exemption Document will be prepared for the Project in accordance with the CEQA Guidelines, as outlined below. Task 1: Kick -Off Meeting/Data Collection The CEQA process will be initiated by discussing key issues, reviewing completed background documents, planning data collection, and refining the schedule for completion of individual tasks. At the outset of the CEQA process, ICF will meet with City staff and the Project sponsor team (Project team). At this meeting, the Project team will: ► Review the scope of work for the Infill Exemption Document; ► Discuss pertinent documents, materials, and technical studies developed by the Project sponsor; ► Review Project features; ► Review the Project schedule and milestones; and ► Identify the roles of each team member. Following a review of all materials and provided technical studies, ICF will provide a data needs list of any additional materials or information needed. We assume the data needs process will require two rounds of back -and -forth (i.e., ICF will submit a detailed data needs request, Project sponsor will provide responses, ICF will provide follow-up questions/clarifications, Project sponsor will provide responses). In addition, any necessary refinement to the scope of work could be made at this time. Deliverables ► Revised schedule and work scope, if applicable Page 41CF 2 Proposal to Prepare CEQA Documentation for the 1499 Bayshore Highway Project in Burlingame, CA ► Memorandum of data requests for the Project sponsor Task 2: Project Description Prior to starting the Infill Exemption Document analysis, ICF will prepare the Project Description based on discussions with the Sponsor team, data needs responses, and review of the Project application, plan sets, and supplemental reports. A clear and accurate Project Description is essential for a consistent Project analysis. ICF will prepare a Project Description that will incorporate the following topics: ► Introduction ■ Existing Setting ■ Land Use and Zoning ► Project Description ■ Site plan ■ Transportation Demand Management ■ Building Design and Lighting ■ Landscaping, Open Space, and Amenities ► Construction Schedule and Phasing ► Construction Equipment and Staging The Project Description will also include figures that will be developed based on the plans provided by the Project sponsor. Deliverables: ► ICF will submit electronic copies of one draft and one final Project Description in Microsoft (MS) Word and Adobe Portable Document Format (PDF). Task 3: Administrative Draft Infill Exemption Document CEQA Guidelines Section 15332 identifies the conditions that must be met in order to qualify for a CE for an infill project. These conditions are summarized below and, pursuant to Section 15332 of the CEQA Guidelines, will be considered in the Infill Exemption Document that ICF prepares: (a) Consistency with applicable general designation and zoning; (b) Within city limits, no more than five acres, and substantially surrounded by urban uses; (c) The project site has no value for endangered, rare, or threatened species; (d) The project would not result in any significant impacts related to traffic, noise, air quality, or water quality; (e) The project site can be adequately served by utilities and public services. *,I/ Page ICF 3 Proposal to Prepare CEQA Documentation for the 1499 Bayshore Highway Project in Burlingame, CA With the exception of biological resources, traffic, noise, air quality, and water supply (part of the utilities analysis), a detailed analysis is not needed for these topics. The Project is consistent with existing land use regulations, located on a site smaller than five acres surrounded by urban uses, served by existing utilities and infrastructure, and developed with urban uses. It is not anticipated that the Project would result in any significant impacts on water quality because it is assumed that the Project would comply with regulations that require specific measures for reducing potential impacts on hydrology and water quality, including the Construction General Permit, Municipal Regional Permit for stormwater discharges (including how the project relates to C.3 requirements), the City Code, and the California Building Code. These requirements will be summarized in the Infill Exemption Document. In addition, the Infill Exemption Document will include an overview of the Project's potential impact on water infrastructure capacity, wastewater infrastructure and treatment capacity, stormwater capacity, solid waste capacity, fire protection services, police protection services, and schools. The Infill Exemption Document will identify the additional estimated demand on these public services and utilities and compare the additional demand to the existing capacity, supply, or service ratio goal. The following topics will be evaluated in more detail in the Infill Exemption Document. Biological Resources The project site is previously developed, surrounded by urban uses, and located adjacent to the San Francisco Bay and Mills Creek. ICF's subconsultant, H.T. Harvey & Associates Ecological Consultants (H.T. Harvey), will review background information regarding biological resources in the Project vicinity, conduct a field survey to characterize existing biological conditions and the potential for sensitive biological resources to be present on the Project site, determine the potential impacts of the proposed Project on sensitive biological resources, and identify appropriate measures to reduce Project impacts as required under CEQA. Following the field survey, H.T Harvey will produce a Biological Resources Report that can be used by ICF to prepare the biological resources section of the Infill Exemption Document. As requested in the City's RFP, the report prepared by H.T. Harvey will incorporate a detailed assessment of the potential for avian collisions with the proposed building, as well as appropriate recommendations to reduce the potential for bird collisions. In addition, H.T. Harvey will also prepare an arborist report. This scope of work does not include protocol -level biological surveys or an aquatic resource delineation given the developed nature of the site. This scope of work also assumes that the Project would be subject to standard conditions of approval that would avoid potential impacts to special -study bats and migratory birds, and that any recommended measures identified in the biological resources report provided by H.T. Harvey would be incorporated into the Project as a project design feature. H.T. Harvey's full scope of work is included in Attachment C to this proposal. \ 1 / Page **ICF 4 Proposal to Prepare CEQA Documentation for the 1499 Bayshore Highway Project in Burlingame, CA Transportation ICF's subconsultant, Hexagon Transportation Consultants, Inc. (Hexagon), will review and comment on the Project sponsor's transportation impact analysis (TIA) prepared by Kittelson & Associates, Inc. (Kittelson). Hexagon will review the input assumptions, methodology, calculations, impacts, report, and conclusions in the TIA. It is assumed that all report appendices and electronic files for all analyses contained in the TIA will be available for Hexagon's review. Hexagon's comments will be transmitted to the City in an electronic memorandum report for review. Subsequent rounds of review may be completed upon request if Hexagon's review recommends substantial changes to the TIA analysis methodology, assumptions, or conclusions. Once all comments have been addressed, Hexagon will prepare a final email letter. Hexagon's full scope of work is included in Attachment D to this proposal. It is ICF's understanding that the Project sponsor will provide a Transportation Demand Management (TDM) Plan. Upon completion of Hexagon's peer review of the TIA, ICF will incorporate the results of the TIA and TDM Plan into the Infill Exemption Document. Noise ICF will prepare a noise technical report to support the Infill Exemption Document for the Proposed Project. The analysis will employ standard noise and vibration modeling techniques consistent with the requirements of the City of Burlingame Noise Element and the noise section of the City Municipal Code. The thresholds in the CEQA Guidelines will be used to evaluate Project impacts. ICF will address the following key noise issues: • Exposure of existing noise sensitive land uses to noise and vibration associated with construction activity at the project site. • Exposure of existing noise -sensitive land uses to Project -related changes in traffic noise. • Exposure of existing noise -sensitive land uses to operational noise from the Project site. In the existing conditions discussion, ICF will identify existing sources of noise in the Project area along with existing noise -sensitive land uses in the Project area. Existing noise conditions in the Project area will be described based on information from the City General Plan, and 2018 noise measurements from a previous project at the same location. Alternatively, if desired by the City, ICF can conduct new Project -specific noise measurements. Project -specific noise measurements are therefore, included under an optional task to this scope of work. In the regulatory setting discussion, ICF will summarize the City's Noise Ordinance and other applicable guidelines and criteria. CEQA significance thresholds will be defined based on the City of Burlingame noise standards, and other applicable noise and vibration guidelines as appropriate. \ 1 / Page **ICF 5 Proposal to Prepare CEQA Documentation for the 1499 Bayshore Highway Project in Burlingame, CA Project construction would generate short-term noise and vibration. Construction noise and vibration effects will be evaluated based on modeling methodologies and criteria provided by agencies such as the Federal Transit Administration (FTA), the Federal Highway Administration (FHWA), and Caltrans. It is assumed that construction equipment data (e.g., a list of anticipated project construction equipment, construction schedule, etc.) would be provided by the Project sponsor. Potential noise impacts from traffic will be assessed based on data from the project traffic engineer and a spreadsheet model based on FWHA's Traffic Noise Model® (TNM®). It is assumed that traffic data provided by Kittelson will include average annual daily traffic (ADT) volumes, posted speeds, and heavy truck percentages for each roadway segment. In addition, noise generated by project operations is assumed to be limited to facility equipment, expected to include heating, cooling and ventilation equipment, exhaust fans and emergency generators (during testing). These operational noise sources will be evaluated using standard acoustical modeling methods, and operational data provided by the Project sponsor. For all noise and vibration impact categories discussed above, this scope assumes that all impacts will be less than significant with implementation of project commitments described in the Project Description and based on requirements in the Noise Element of the City General Plan. This scope of work assumes one round of review of the noise technical report, with one draft and final version of the technical report. Please note that if it becomes evident that the Project would have the potential to result in significant impacts on the environment, even impacts that can be mitigated to a less -than - significant level, the Project would not be eligible for an Infill Exemption Document and another CEQA pathway would need to be identified under an amended scope of work and budget. The results of the noise and vibration analysis will be provided in the technical report, which can be used to complete the Infill Exemption Document noise section analysis. Optional Noise Task If requested, ICF can conduct Project -specific noise measurements. These would be completed under an optional task (with a separate budget), and would be conducted as follows: • Short-term (15 minutes or less) noise monitoring will be conducted at up to two locations in the Project area. • Continuous long-term monitoring (24 hours or more) will be conducted at up to three locations in the Project area. Air Quality ICF will prepare an air quality technical report to support the Infill Exemption Document for the proposed Project. The analysis contained in the technical report will contain the components discussed in this scope of work. The regulatory setting section will briefly describe the Bay Area Page 0*ICF 6 Proposal to Prepare CEQA Documentation for the 1499 Bayshore Highway Project in Burlingame, CA Air Quality Management District's (BAAQMD) applicable regulations and CEQA Guidelines.' The thresholds in the CEQA Guidelines will be used to evaluate Project impacts. The impact analysis section will be divided into the following categories. Criteria Pollutant Emissions. ICF will quantify construction and operations -generated criteria pollutant emissions using data collected from the city (e.g., construction schedule, offroad equipment list, operational utility consumption, vehicle miles traveled) and a methodology consistent with the California Emission Estimator Model (CalEEMod). Estimated criteria pollutant emissions will be compared to the Bay Area Air Quality Management District's (BAAQMD) thresholds to determine project significance for construction and operational activities. In response to the Supreme Court decision in Sierra Club v. County of Fresno, ICF will discuss potential regional and localized health effects from increased criteria pollutant emissions. This scope of work assumes the analysis will qualitatively and generally describe health risks associated with exposure to the types of criteria pollutant emissions expected under the proposed project. ICF will review air quality attainment plans for the Project area and existing community health data published by the California Department of Public Health to support the analysis. No Project -specific photochemical modeling is currently proposed. Localized Carbon Monoxide Hot Spots. ICF will review traffic data from the transportation analysis for affected intersections relative to the BAAQMD's CO screening criteria. This scope of work assumes the Project will meet BAAQMD's screening criteria and Project -specific dispersion modeling would not be needed. The technical report will qualitatively document the consistency finding. Project -level Construction Health Risk Assessment. The primary toxic air containments (TAC) of concern are asbestos and diesel particulate matter (DPM). The potential for asbestos from demolition will be qualitatively assessed and compliance with BAAQMD asbestos rules will be discussed. Residential and educational receptors are within 1,000 feet of the Project area, and, because there are sensitive receptors located near the Project site, ICF will prepare a quantitative Health Risk Assessment (HRA) to evaluate the impacts of construction of the Project. The HRA will evaluate potential cancer and non -cancer health hazards to existing offsite receptors within 1,000 feet of exposure to construction generated diesel particulate matter and fine particulate matter (PM2.5). Modeled health risks will be compared to thresholds recommended by the BAAQMD. Project -level Operational Health Risk Assessment. With regard to Project operation, ICF assumes Project -related sources of TAC would be limited to infrequent diesel trucks (i.e. ' Bay Area Air Quality Management District. 2017. California Environmental Quality Act Air Quality Guidelines. Available: https://www.baagmd.gov/-/media/files/planning-and-research/ceqa/cega_guidelines_may2017- pdf.pdf?la=en. Accessed: February 6, 2023. \ 1 / Page **ICF 7 Proposal to Prepare CEQA Documentation for the 1499 Bayshore Highway Project in Burlingame, CA delivery trucks), an emergency generator, and potentially organic gases, depending on the type of laboratory and research operations. This scope of work assumes the Project would result in minimal TAC emissions during operations by design and through project commitments, such as using an emergency generator with a Tier 4 engine and designing the lab space to be "dry" lab space that does not require fume hoods and venting. ICF assumes that operational health risks can be analyzed qualitatively based on design features and project commitments, and no quantitative modeling for operational health risks is included. If the Project would include substantial sources of TACs during operations or cannot incorporate design features or commitments to minimize emissions, an amended scope of work would be required to quantitatively model health risks during operations. Cumulative Health Risk Assessment. To analyze cumulative health risk impacts, ICF will also quantify health risks from background sources of toxic air contaminants (i.e. non - Project related sources) within 1,000 feet of the nearby sensitive receptors that ICF identifies using data provided by BAAQMD. The cumulative health risks at sensitive receptors will be compared to BAAQMD's cumulative health risk thresholds. Air Quality Plan Consistency. ICF will qualitatively document consistency of the Project with the BAAQMD's Clean Air Plan. Odors. ICF will qualitatively evaluate the potential for odor impacts during construction and operation of the Project. For all air quality impact categories discussed above, this scope assumes that all impacts will be less than significant with implementation of Project commitments described as part of the Project Description. This scope of work assumes one round of review of the air quality technical report, with one draft and final version of the technical report. Please note that if it becomes evident that the Project would have the potential to result in significant impacts on the environment, even impacts that can be mitigated to a less -than - significant level, the Project would not be eligible for an Infill Exemption Document and another CEQA pathway would need to be identified under an amended scope of work and budget. The results of the air quality analysis will be provided in the technical report, which will be used to complete the Infill Exemption Document air quality section analysis, and included as an appendix to the document with the model output files from the air quality modeling. Utilities and Public Services —Water This scope assumes that a water supply assessment (WSA) is required for the Project pursuant to Senate Bill 610 (California Water Code section 10910 et seq.). The city supplies water to customers in Burlingame. ICF's subconsultant, EKI Environment & Water, Inc. (EKI), will prepare the WSA using information included in the City's 2020 Urban Water Management Plan (UWMP) and the 2022 DSS Model update. EKI will assess City demand and supply reliability, as well as Project -specific demand based on information provided in the data needs request. Page 0*ICF 8 Proposal to Prepare CEQA Documentation for the 1499 Bayshore Highway Project in Burlingame, CA The WSA will evaluate whether the City's total projected water supplies available during normal, single -dry and multiple -dry water years during a 20-year projection are sufficient to meet the projected water demand associated with the proposed project, in addition to the City's existing and planned future uses, in accordance with California Water Code requirements. EKI's scope of work assumes one round of review of the draft WSA, and one final version of the WSA. EKI's full scope of work is included in Attachment E to this proposal. The results of the WSA will be used by ICF to complete the water analysis in the Utilities and Public Services section of the Infill Exemption Document. Exceptions In addition to investigating the conditions that must be met to qualify for a Class 32 Infill Exemption Document, the document will also assess whether any of the exceptions to qualify for the Class 32 Infill Exemption Document are present. The analysis would compare the criteria of the CEQA Guidelines Section 15300.2 (Exceptions) to the Project. Topics include location, cumulative impacts, significant effects, scenic highways, hazardous waste sites, and historical resources. Two of these topics require some further evaluation, as described below: • Hazardous waste sites. ICF will use the Project sponsor -provided Phase I and Phase II Environmental Site Assessments (ESAs) prepared for each property on the Project site to analyze the hazardous materials present on the site. This scope assumes that ICF would incorporate recommendations made in the Phase I and Phase II ESAs into the Project Description. • Historical Resources. ICF cultural resources staff will conduct a cultural resources study described below to identify cultural resources that may meet the CEQA definition of a historical resource (California Public Resources Code [PRC] Section 21084 or unique archaeological resource (PRC Section 20183.2) that may be impacted by the Project. Records Search and Literature Review ICF will conduct a records search at the Northwest Information Center (NWIC) at Sonoma State University, the official state repository for cultural resource reports and records for San Mateo County, to identify recorded cultural resources and studies within and adjacent to the Project site. The records search will include a 0.25-mile radius. As part of the records search, ICF will contact the Native American Heritage Commission in Sacramento to request a review of the Sacred Lands File. ICF will review archaeological, ethnographic, historical, geoarchaeological, and environmental publications and maps relevant to the Project site and vicinity. The literature review will include a review of published archaeological, geological, and soil data to characterize the potential for buried surfaces (paleosols) within the Project site as some paleosols have the potential to be associated with archaeological deposits and human remains. \ 1 / Page **ICF 9 Proposal to Prepare CEQA Documentation for the 1499 Bayshore Highway Project in Burlingame, CA Field Survey and Resource Identification Archaeological Resources A qualified archaeologist will conduct a pedestrian surface survey of the Project site to identify archaeological resources in the Project site and document current site conditions. Built Environment The three existing buildings on the Project would be demolished, two of which, 1499 Bayshore Highway and 801 Mahler Road, are known to be constructed prior to 1973. Because the two buildings are more than 50 years old, they are of an age that generally requires a property to be assessed for CEQA historical status. The analysis for the previous IS/MND concluded that these two on -site buildings are not a potential historic resource under CEQA. ICF anticipates utilizing the California Department of Parks and Recreation (DPR) form set prepared for the building in 2018, which evaluated the buildings as not eligible for listing in the California Register of Historical Resources and found not to be CEQA historical resources. ICF would use the information in the IS/MND and the DPR Forms to document that the Project would have no impact on historical resources. The third existing building, 825 Mahler Road, may also date to before 1973. Based on ICF's current Project information, it does not appear that this building has been previously surveyed or evaluated for listing in local, state, or national historic registers. To fully consider potential impacts of the Project, ICF will survey and evaluate the building for eligibility on the California Register of Historic Places (CRHR) and National Register of Historic Places (NRHP). To perform the survey and evaluation, ICF's professionally qualified cultural resources staff members will conduct a site visit to 825 Mahler Road, perform background research using sources available online and in local repositories, and prepare California Department of Parks and Recreation (DPR) 523- series form sets for the building. If ICF locates information confirming that 825 Mahler Road was built after 1973, a DPR form set will not be completed for that resource. The DPR forms will document the resources' eligibility for listing in the NRHP and CRHR. The DPR form set will include a detailed description of the recorded resource, construction history, sketch map, historic context, and an evaluation of the property for listing in the NRHP/CRHR. The information obtained from the above tasks will be summarized in a brief technical memorandum of findings. The technical memorandum will be submitted to the NWIC in fulfillment of a requirement to access their archives. The information provided in the technical memorandum will be integrated into the Project's Infill Exemption Document. This scope of work assumes the following: Page **ICF 10 Proposal to Prepare CEQA Documentation for the 1499 Bayshore Highway Project in Burlingame, CA • The SLF search task will consist only of the search request and documentation of the results provided by the NAHC. • ICF assumes that no archaeological resources will be identified during the pedestrian survey. If archaeological resources are identified, ICF will prepare an additional scope and cost. • This scope assumes that none of the buildings within the Project site will be found to qualify as a CEQA historical resource. If at least one building is found to be a historical resource, or an archaeological resource is identified during the NWIC records search or survey, the Project likely would not be eligible to prepare an Infill Exemption Document. • ICF assumes that no more than one round of review will be required by the City of Burlingame prior to finalization of the Cultural Resources Technical Memorandum. If additional rounds of review are required, ICF will prepare an additional scope and cost. Deliverables ■ One (1) electronic copy of the Biological Resources Report (to include an avian impacts analysis) in Adobe PDF ■ One (1) electronic copy of the Arborist Report in Adobe PDF ■ One (1) electronic copy of TIA Peer Review memo and one (1) final letter ■ One (1) electronic copy of the draft WSA in MS Word and Adobe PDF ■ One (1) electronic copy of the final WSA in Adobe PDF ■ One (1) electronic copy of Administrative Draft Infill Exemption Document and Appendices in MS Word/Adobe PDF ■ Two (2) hard copies of Administrative Draft Infill Exemption Document (if requested) Task 4. Screencheck and Final Infill Exemption Document The purpose of this task is to prepare the Screencheck and the Final Infill Exemption Document for City staff review (if necessary). ICF will prepare the screeencheck draft to respond to the City's comments on the previous draft. Following comments received from City staff, ICF will revise the Infill Exemption Document as necessary. If the City allows the Project sponsor to review the draft versions of Infill Exemption Document, this scope of work assumes that Project sponsor comments will be reviewed and consolidated by City staff prior to transmitting to ICF. This scope of work assumes that ICF will prepare the Notice of Exemption (NOE); ICF will file the NOE with the State Clearinghouse; and the City will post the NOE on the City's website and with the County Clerk. Deliverables ■ One (1) electronic copy of Screencheck Draft of the Infill Exemption Document and appendices in MS Word/Adobe PDF format Page 0*1CF 11 Proposal to Prepare CEQA Documentation for the 1499 Bayshore Highway Project in Burlingame, CA ■ Up to fifteen (15) hardcopies of the Final Infill Exemption Document with appendices on CD or flash drive (if requested) ■ One (1) electronic copy of the Final Infill Exemption Document and appendices in MS Word/Adobe PDF format ■ One (1) hardcopy of the NOE ■ One (1) electronic copy of the NOE Task 5. Project Management/Meetings The purpose of this task is to effectively manage the above tasks and maintain communication with the Project sponsor and City staff. ICF project management will be responsible for coordination activities, will maintain QA/QC requirements for document preparation, and will monitor schedule and performance for the tasks above. Project management subtasks also include maintaining internal communications among ICF staff and with City staff and other team members through emails and frequent phone contact, as well as the preparation of all correspondence. The Project Manager will coordinate internal staff, project guidance, and analysis criteria. This task also includes attending meetings to accomplish the above tasks. Team members will attend and participate in meetings on an as -needed basis. This scope of work assumes biweekly zoom check -in calls with the Project team for the estimated six-month duration. In addition, ICF project management members will attend two public hearings. Additional meeting attendance can be provided at additional cost. In terms of progress reporting, ICF will prepare a brief progress report every month for the Project documenting the key accomplishments on the CEQA process, schedule progress, and identification of any key issues that have arisen that may affect the document, budget, or schedule. ICF proposes to invoice the City monthly on a time -and -materials basis. 3. COST ESTIMATE The cost estimate for the services described above is included as Attachment A to this proposal. As shown in in Attachment A, ICF requests a fee of $168,372.60 to complete the scope of services. As requested by the City, our cost estimate includes staff billing rates under an accelerated schedule. ICF will invoice monthly, on a time and materials basis. Invoices are due net thirty (30) days from receipt. 4. SCHEDULE Our preliminary project schedule is included as Attachment B. Our schedule is based on the following assumptions: • ICF receives data needs responses and comments in a timely manner; • ICF's peer review of Project sponsor -provided technical studies does not result in the need for substantial revisions; \ 1 / Page **ICF 12 Proposal to Prepare CEQA Documentation for the 1499 Bayshore Highway Project in Burlingame, CA City comments on technical reports and the categorical exemption document do not result in extensive revisions; and The Planning Commission hearing will occur approximately 1-month after the CEQA document is complete. \ 1 / Page **ICF 13 Attachment A Cost Estimate Proposal to Prepare CEQA Documentation for the 1499 February 2023 Bayshore Highway Project in Burlingame, CA ICF 1499 Bayshore Highway Project pa,nl st,rr vrpa,nlp, sun wmpman,a mpoyee Name Project pole labor<lassification Task Mekkel- OA- go, -Id Matsui Trageser H-lder Higgiasoa Foley SCM1umaker Comejo Cmiess Fels- Holl- Eltler Watson Conley Maley Sukola Wil.mg Heldl lennI., Cory ."I. Kelsey Jonathan Ell-11, N.h -h, Ch-M. Nicole Lora lames Megan loan Patrick Katrina puss pury Project Pmlea Project Hector Manager Manager Nr qualnv Airqualiry Nr qualnv Noise Nmse Noise Nmse Cultural Cultural Cultural Cultural Cultural Gr,,- Geology Hvdrolo,, Biology e11, Oo Consult ll Consult ll Sr Consult 111 Sr Consult 111 Consult ll -Oil Sr Consult 111 Consul[I Consult 111 Consul[ Consult ll Sr Co-Itlll Consult Consult ll Sr Consuttl Consult 111 Consuttl Sr Consultl Subtotal Etlitor TBD Pub Spec TBD Editor Pub Spec Subtotal Hexagon HAuoc.T. .yO. EKI 1-, Subtotal Sub Mark-up: 5% labor Thal -Costs Total Price Task l.Kick-off Sc I.,, and Team MM1., 2.0 6.0 6.0 0.0 0.0 a.0 0.0 2.0 2.0 $S,laO 50 $0 SO- S5,140.W 55,1M.W Taski. Protect Mscrlptlon 2.0 0.0 20.0 4.0 1 .............................. .......................... ............................................................................................. W 3mi, Dan l,fill E.-to Sa.O 88.0 ............................................................ .............. �3.... S2]W .................................S....O...............................................................................S......0................0.....0...0 5]6 .... 514$2a3,18W2..W 3.1-lNdse MonitwinOTask 3.0 20.0 I6.0 $,,8,0 ..............$................. $0 ..................W........$ $0 $0.W ........... $,,8a0.W $'...W Taska.5creeph-and FlpaIIMIIIE.-I., a.0 8.0 2a.0 2.0 0.0 2.0 4.0 4.1 4.0 1.0 i.0 2.0 i.0 .............................. $8,520 e.W i.W .......................... $1.1W .........................................................................................6 $0 $O.W $9,]00.00 $9,]W.W Task S. Prole<I Management .............................. $0,920 .......................... $0 ............................................................................................. $0 $O.W $0,920.00 $a,920.W otm hope w ellg,g pees 5350.00 51W�W 5130.00 $1W.W 51eo.Do 512o.W S2,o.W 51eo'W S1Do.W 51- 51ao.ao 51W.W 5160.W 526W.W 5130.W 51]ao.W S1W.W Suo.W 5150.W S1W.00 $130.W Subtotal $S,WO $65W $S,- S41320 $9,720 $1LOa0 $1,920 $9,720 $11,2W $2,OW $2,800 $L9W S6,W0 $1,2W $8W 5900 $9W $Ba0 $1,200 $80,200 $1,920 $550 $2,a]0 $12,OW $3],612 $2],WO $]6,612 $3,8W.W $1]3,112.60 523.021,-d"Rions 523.00 Postage and Delivery 523.05 Travel, Auto, mid, M age ai wrmnt IRS rate I.655/mile) 523.0] Surveys and gepons ile 5% $SW.W $SW.W $2W.W $BW W W.W 2,1W.W cask $1]3,212.W 00-1 $160,3]2.W Attachment B Proposed Schedule Proposal to Prepare CEQA Documentation for the 1499 February 2023 Bayshore Highway Project in Burlingame, CA ICF 1766 El Camino Real Class 32 CEQA Exemption Schedule ID Task Name Duration Start Finish 2023 Qtr 1, 2023 Jan Feb Mar Qtr 2, 2023 A r Ma Jun Qtr 3, 2023 Jul Au Se Qtr 4, 2023 Oct Nov Dec 0 1499 Bayshore Highway Class 32 CEQA Exemption Project Initiation/Project Description City Counsel Approval for Cost Project Kick -Off Prepare Project Description (PD)/Data Needs City/Applicant Reviews PD and Addresses Data Needs Class 32 Infill Exemption Document & Tech Studies ICF Prepares AQ Technical Report ICF Prepares Noise Technical Report H.T Harvey Prepares BRA & Arborist Report EKI Prepares WSA Hexagon Peer Reviews TIA City Reviews Technical Reports ICF and Subconsultants Finalize Technical Reports ICF Prepares Admin Draft Exemption City Reviews Draft Exemption ICF Prepares Screencheck Exemption City Reviews Screencheck Exemption ICF Finalizes Exemption Planning Commission Meeting City/ICF Files NOE 182 days 33 days 0 days 1 day 10 days 15 days 149 days 40 days 40 days 40 days 40 days 10 days 20 days 15 days 20 days 15 days 10 days 5 days 2 days 0 days 2 days Mon 3/6/23 Mon 3/6/23 Mon 3/6/23 Wed 3/15/23 Thu 3/16/23 Thu 3/30/23 Thu 4/20/23 Thu 4/20/23 Thu 4/20/23 Thu 4/20/23 Thu 4/20/23 Thu 4/20/23 Thu 6/15/23 Thu 7/13/23 Thu 8/3/23 Thu 8/31/23 Thu 9/21/23 Thu 10/5/23 Thu 10/12/23 Fri 11/10/23 Mon 11/13/23 Tue 11/14/2? Wed 4/19/23 Mon 3/6/23 Wed 3/15/23 Wed 3/29/23 Wed 4/19/23 Tue 11/14/23 Wed 6/14/23 Wed 6/14/23 Wed 6/14/23 Wed 6/14/23 Wed 5/3/23 Wed 7/12/23 Wed 8/2/23 Wed 8/30/23 Wed 9/20/23 Wed 10/4/23 Wed 10/11/23 Fri 10/13/23 Fri 11/10/23 Tue 11/14/23 11/1 3/6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Fri 2/10/23 10:56 AM Page 1 Note: This schedule is an estimate and may change as we move the process, depending on receipt of certain information and depending what is found in the analysis. Attachment C H.T Harvey & Associates Scope of Work Proposal to Prepare CEQA Documentation for the 1499 February 2023 Bayshore Highway Project in Burlingame, CA ICF H. T. HARVEY & ASSOCIATES Ecological Consultants 50 years of field notes, exploration, and excellence February 1, 2023 Jennifer Ostner ICF 201 Mission Street, Suite 1500 San Francisco, CA 94105 Subject: 1499 Bay -shore Highway — Proposal for Biological Assistance (HTH #11339) Dear Jennifer Ostner: Per your request, H. T. Harvey & Associates is pleased to submit this proposal to assist ICF in providing biological consulting services to the City of Burlingame in support of the proposed project located at 1499 Bayshore Highway and 825 Mahler Road in Burlingame, California. It is our understanding that the project entails the demolition of existing structures and the construction of a lab/office building, parking garage, and public outdoor plaza on the 3.0-acre project site. We further understand that you are requesting a biological resources report that can be used by the City to facilitate California Environmental Quality Act (CEQA) review of the project. As described in the attached scope of services, we propose to review background information regarding biological resources in the project vicinity and conduct a field survey to characterize existing biological conditions and sensitive biological resources on the project site, determine the potential impacts of the proposed project on sensitive biological resources, and identify appropriate measures to reduce project impacts to less -than -significant levels under CEQA as necessary. Following the field survey, we will produce a biological resources report that can be used by ICF and the City to prepare the biological resources section of the project's CEQA document. As discussed in the City's Request for Proposals, our report will incorporate a detailed assessment of the potential for avian collisions with the proposed building, as well as appropriate measures to reduce the potential for bird collisions to less -than -significant levels under CEQA. Per your request, we will also provide an arborist report for the project. We propose to bill this work on a time and materials basis, not to exceed $37,612 per the attached budget spreadsheet and fee schedule. Please feel free to contact me at jlien e harveyecology com or (641) 821-0302 with any questions you may have regarding our proposal. Thank you very much for contacting H. T. Harvey & Associates regarding this opportunity. Sincerely, Jane Lien, B.S. Senior Wildlife Ecologist/Project Manager Attachments: Scope of work, budget spreadsheet, fee schedule, and staff resumes 983 University Avenue, Building D 0 Los Gatos, CA 95032 • 408.458.3200 • a vww.harPyecology.com H. T. HARVEY & ASSOCIATES Ecological Consultants 50 years of field notes, exploration, and excellence PROPOSED SCOPE OF SERVICES 1499 BAYSHORE HIGHWAY BIOLOGICAL RESOURCES ASSISTANCE HTH #11339 February 1, 2023 H. T. Harvey & Associates is pleased to submit this proposal to prepare a biological resources report in support of the proposed project located at 1499 Bayshore Highway and 825 Mahler Road in Burlingame, California. It is our understanding that the project entails the demolition of three existing structures and the construction of an eight -story lab/office building, a seven -story parking garage, and a public outdoor plaza on the 3.0-acre site. We propose to prepare a biological resources report that can be used by the City of Burlingame to facilitate California Environmental Quality Act (CEQA) review of the project. The specific tasks are proposed below, and a budget summarizing the proposed level of effort and costs of these tasks, as well as a fee schedule, are attached. Task 1. Background Review and Site Visit H. T. Harvey & Associates ecologists will review the project's plans, as well as sources of information regarding potential biological resources that may be present on the project site and in the vicinity. These sources may include U.S. Geological Survey quadrangle maps, U.S. Fish and Wildlife Service (USFWS) National Wetland Inventory maps, the California Natural Diversity Database (CNDDB), other technical literature related to the biological resources in the project vicinity, the July 2019 1499 Bayshore Highway Project Initial Study/Mitigated Negative Declaration prepared for a previous project on the site, regional planning documents (general plan policies and Environmental Impact Reports from the region), species data compiled by the California Native Plant Society and other public interest groups, and data from resource agencies (e.g., the USFWS and California Department of Fish and Wildlife [CDFW]). Following our background review, an H. T. Harvey & Associates wildlife ecologist and a botanist/wetlands ecologist will visit the project site to identify existing biological conditions and the site's potential to support special -status species of plants and animals. The survey will include an assessment of habitats for special -status species both on the project site and in adjacent areas that could be impacted both directly and indirectly by the proposed activities (e.g., along Mills Creek and at the nearby Shorebird Sanctuary). Because the site is located in the vicinity of known California Ridgway's rail (Rallus obsoletus obsoletus) and San Francisco garter snake (Thamnopbis sirtalis tetrataenia) occurrences, the wildlife biologist will examine habitat on and immediately adjacent to the site (i.e., along Mills Creek and at the nearby Shorebird Sanctuary) for its potential suitability for 1 H. T. Harvey &Associates these and other special -status wildlife species associated with San Francisco Bay tidal habitats. In addition, the wildlife ecologist will assess bird use of the project site and immediately surrounding areas to place the project into the appropriate biogeographic context (i.e., to review potential avian flight paths and habitat conditions in the vicinity) to support the avian collision impacts component of our report. Our botanist will also conduct a single focused survey for Congdon's tarplant (Centromadia parryi ssp. congdoniz), a special -status plant with some potential to occur in the vicinity, and/or suitable habitat for this species on the project site, including along Mills Creek. During the survey, we will map the dominant biotic communities on the site, characterized based on dominant plants and associated wildlife, on suitable base materials (e.g., an aerial photo base map). We will also map the approximate boundaries of potentially sensitive or regulated habitats, such as wetlands and other waters of the U.S./state on and immediately adjacent to the project site. Our habitat mapping will be adequate to allow us to quantify approximate impacts on these habitats for CEQA assessment purposes. However, our proposed scope and budget do not include the preparation of a detailed wetland delineation report adequate for project permitting, or conducting a site visit with the U.S. Army Corps of Engineers to obtain verification of jurisdictional boundaries; again, such tasks would not be necessary for CEQA evaluation. In addition, we will map San Francisco Bay Conservation and Development Commission (BCDC) jurisdiction on and adjacent to the project site. While this mapping is not necessary for CEQA review of the project, a permit will be needed for project impacts within BCDC jurisdiction. Thus, during the field survey described above, the H. T. Harvey & Associates botanist will map areas on and/or adjacent to the site that lie within BCDC's Bay jurisdiction, which will then serve as the baseline for BCDC's Shoreline Band jurisdiction. The map and acreage of project impacts within BCDC jurisdiction will be provided with the biological resources report. This task includes time for project coordination by H. T. Harvey & Associates staff and to correspond with ICF (and the City, if necessary), to ensure that we have sufficient project description information to adequately assess impacts. Task 2. Preparation of Biological Resources Report Following the completion of the site visit, we will prepare a report that describes existing biological conditions, including special -status species with the potential to occur on the project site and any potentially sensitive/regulated habitats that occur on the site, potential project impacts to existing biological resources, and any conceptual mitigation measures necessary to mitigate potentially significant project impacts to less -than - significant levels under CEQA. Based on the location of the project site relative to sensitive habitats, we anticipate that the biological issues addressed in the report will include the following: • The potential for the state and federally endangered San Francisco garter snake and California Ridgway's rail to occur in tidal habitats on and adjacent to the project site (i.e., along Mills Creek and at the nearby H. T. Haruey &Associates Shorebird Sanctuary). In our opinion, these species are not expected to occur in these areas, but regulatory agencies may not agree, and an expanded discussion of this issue based on a project -specific habitat assessment is necessary. • The potential for the site and immediately adjacent areas to support other special -status species associated with tidal habitats, including the San Francisco common yellowthroat (Geothlypis trichas sinuosa) and Alameda song sparrow (Melospila melodia pusillula), which are known to occur in the project vicinity. • Proposed direct impacts on wetlands and other waters of the U.S./state located along Mills Creek, as well as indirect impacts on habitats and special -status fish species located downstream. • The potential for new project lighting to impact wildlife species along Mills Creek, at the nearby Shorebird Sanctuary, and along the San Francisco Bay. • The potential for bird collisions with the proposed new buildings to result in impacts on migrant and resident bird populations. Per the City's Request for Proposals, this section of our report will serve as an "avian collision impact study", incorporating a high level of analysis and appropriate mitigation measures to reduce collision risk. Graphics to be prepared will include site/vicinity, biotic communities, potential impacts, and CNDDB maps. Based on our review of the project plans, which include a mix of native and nonnative vegetation and trees, we anticipate that the proposed grading, reinforcement, and planting within the bed and banks of Mills Creek will likely necessitate mitigation under CEQA as well as permits from regulatory agencies (i.e., the CDFW, U.S. Army Corps of Engineers, and Regional Water Quality Control Board). However, the proposed improvements along Mills Creek could potentially have a net benefit to the creek if native vegetation and trees that are appropriate to this location and serve to enhance the creek's habitat are planted following construction. This approach would potentially avoid or minimize the need for CEQA mitigation and help to streamline the project's permitting process with resource agencies. We have included a modest amount of time in this task to provide recommendations to the project team related to adjusting the project's planting plan and other activities to avoid or minimize CEQA mitigation for impacts on habitats along Mills Creek, and to avoid the need for regulatory permits, as feasible. However, detailed design assistance (e.g., landscape and restoration design services, meetings, and multiple rounds of plan review), permitting assistance, and coordination with resource agencies are not included in our scope of work. Our budget for this task includes time to develop a draft report and make one round of revisions based on comments by ICF. Task 3. Tree Survey and Arborist Report H. T. Harvey & Associates will identify and map all existing trees on the project site and prepare an Arborist Report for submittal to the City. H. T. Haruey &Associates Qualified personnel will visit the project site to collect data on all existing trees. This work will be overseen and directed by a H. T. Harvey ISA-certified arborist, who will also assess tree health and structural condition and provide quality control. The tree inventory and assessment will include the following: 1. Locate all trees on the project site. 2. Confirm the existing tag number for each tree, or if none is present, attach a numerically coded tag to the trunk of each tree. 3. Record the location of each tree using a hand-held GPS unit and prepare a basic map locating trees by their tree tag number. 4. Identify the species, including common and scientific names, of all trees. 5. Measure the circumference of each tree at 54 inches above ground to the nearest inch. 6. Identify all protected trees, defined by the City of Burlingame as a tree with a trunk circumference of 48 inches or greater measured at 54 inches above the ground. 7. Evaluate tree health and structural condition of each tree based on a ground -level limited visual assessment of external conditions using a scale of 0 to 5. The results of the inventory will be summarized in an arborist report, which will include the following information: 1. Summary of relevant City codes and ordinances 2. Survey methods 3. Summary of survey results, including a brief description of the tree species occurring on the site and which trees are protected, as defined by the City of Burlingame. 4. Data tables summarizing data for all surveyed trees, including: tree tag number, common and scientific name; trunk circumference; health and structural condition; protected status, GPS coordinates, and explanatory notes (where applicable). Tree valuation will not be provided. 5. Site map showing tree locations and tree tag numbers 6. Tree removal and replacement: Based on a review of project plans (by others), the report will identify and quantify trees to be removed during construction. Based on these removals, the report will identify the required quantity of replacement trees per the City of San Jose's required tree mitigation ratios. 7. Tree protection measures to be implemented prior to ground disturbance at trees to remain. Following a single round of comments, the report will be revised to produce a Final Arborist Report. Limitations and Assumptions: In formulating our cost estimate, we assumed the following: H. T. Haruey &Associates • ICF will arrange access to the project site. • We will be provided with a map depicting the maximum limits of the project footprint as well as all work areas and temporary staging/access areas prior to the initiation of our surveys. Should the project limits change subsequent to the completion of our surveys, additional budget may be required to complete the report. • We assume GIS, CAD or Microstation files provided by the client will use a real -world coordinate system, such as State Plane or UTM. If this is not the case, additional budget may be required as it will require additional time to rectify any un-projected files into a real -world coordinate system. In addition, this rectification process could result in some accuracy issues due to the conversion of a local coordinate system into a real -world spatial projection. Due to the sensitive nature of the habitats present on the project site (i.e., along Mills Creek), we strongly recommend that files with a real -world coordinate system be provided. • Our scope and budget cover a description of existing conditions and assessment of impacts and mitigation measures based on a single project description and site plan, to be provided to us by ICF. If the applicant changes its proposed project after we have begun preparation of our biological resources report and in a way that necessitates edits to our report, additional budget will be necessary for us to revise the report. • With the exception of Congdon's tarplant, no focused surveys or protocol -level surveys for any plant or wildlife species are included in the proposed scope of work. The focused survey for Congdon's tarplant may be performed if our site visit occurs during the species' annual blooming period (approximately July to October, depending on annual rainfall). If our site visit occurs outside of this period, our survey will identify the presence/absence of suitable habitat for this species only. • Mitigation measures to be described in our report will be of sufficient detail for CEQA review purposes. However, preparation of detailed habitat mitigation plans, should such plans be necessary in the future, is not included within our currently proposed scope. • Our biological resources report will incorporate a detailed assessment of the potential for avian collision impacts, as well as appropriate mitigation measures to reduce impacts due to avian collisions with the proposed buildings to less -than -significant levels under CEQA. However, design assistance to help the applicant identify appropriate bird -safe glazing and lighting options to meet the requirements of the mitigation measures, as well as subsequent design review to document project compliance with bird -safe mitigation measures, are not included in this scope of work. H. T. Harvey & Associates would be happy to provide an additional scope to assist with these services, if desired. • We have included a modest amount of time to provide general recommendations to the project team related to adjusting the project's planting plan to avoid or minimize CEQA mitigation for impacts on habitats along Mills Creek. However, detailed design assistance (e.g., landscape and restoration design services, meetings, and multiple rounds of plan review), permitting assistance, and coordination with resource agencies are not included in our scope of work. H. T. Harvey & Associates would be happy to provide an additional scope of work to assist with the design of the landscape areas along the creek and/or project permitting, if desired. H. T. Haruey &Associates • No permitting or coordination with resource agencies (e.g., the USFWS, CDFW, and BCDC) or with the City of Burlingame is included in this scope. • Attendance at meetings is not anticipated. The H. T. Harvey & Associates Project Manager will participate in any project meetings on a time -and -charges basis, if requested by ICF. • Response to comments on the CEQA document are not included in our scope. For the tree survey and arborist report task: o Based on a preliminary count and verification using Google Earth imagery, we assume there are up to 40 trees within the survey area. If the actual number of trees found in the field exceeds this amount, an additional fee may be required. o This proposal assumes that we will have access to the site, including direct access to all trees to be surveyed. If the site or its trees are not accessible and additional coordination or site visits are necessary, an additional fee may be required. o Field data collection will be conducted using a diameter tape to measure tree trunk circumference at breast height at 54 inches above finish grade. o A handheld GPS unit will be used to determine and record the location of each tree. These locations will be approximate and shall not be considered accurate survey information for use in construction documents. Geographic data will be compiled in a KMZ (Google Earth) file, and organized by tree tag number. o The tree assessment will be based on ground -level visual observations and physical measurements with the previously mentioned tools. An advanced assessment to quantify interior wood structure, root condition, or upper canopy condition will not be performed and is not required for this report nor is it typical of such reports. o For development projects with permit submittals more than six months following completion of the inventory, we recommend that (at a minimum) a certified arborist perform an updated assessment of already identified ordinance trees proposed for removal in support of the ordinance tree removal permits required by the City and an assessment of any other trees that may have grown sufficiently to be considered ordinance trees. o Tree removal recommendations, preparation of a tree protection plan and/or tree protection recommendations, mitigation ratios and quantities, and coordination with the City of Burlingame are not included in our scope of work. o Preparation of demolition, planting, and irrigation plans, or specifications and estimates, are not included. o Support during construction, including preparation of protected tree removal permits and any associated removal fees, is not included. H. T. Harney &Associates We would be happy to provide a scope and cost estimate to add any of these excluded tasks to our scope of work, if requested. H. T. Haruey &Associates H. T. HARVEY & ASSOCIATES t7 11 Ecological Consultants 50 years of field notes, exploration, and excellence Project Name: 1499 Bayshore Highway - Proposal for Biological Assistance Proposal Number: 11339 Date: February 1, 2023 Staff Time Estimates Personnel Hours by Task T Q N_ O U W a O - O - 0 y H Q •L W t OU 'a O Q C 3 0 W O a1 O 7 N �C W 16 a U C � a a� � � a - a �E > O O N O N O O O C O QO _ U n J10 °; w C ° °�' C °�„' O °; w - n � N C� U = ooc o�c -1 HTH Cost by Total Project $ $ 268 $ 204 $ 204 $ 204 $ 136 $ 142 $ 109 Task Task = z7o Cost Task 1. Background Review and Site Visit 2 6 12 12 4 2 $ 7,910 $ 275 $ 8,185 Task 2. Preparation of Biological Resources Report 6 16 32 32 8 2 $ 20,558 $ 88 $ 20,646 Task 3. Tree Survey and Preparation of Arborist Report 8 14 20 4 2 $ 8,506 $ 275 $ 8,781 Total Labor Hours 8 30 44 44 14 20 16 6 Total Cost TOTAL COST $ 2,480 $ 8,040 $ 8,976 $ 8,976 $ 2,856 $ 2,720 $ 2,272 $ 654 $36,974 $638 $37,612 Billing rates are subject to annual increases and will be adjusted at the beginning of each calendar year. H. T. HARVEY & ASSOCIATES Ecological Consultants 50 years of field notes, exploration, and excellence Professional Fees Fees Effective January 1, 2023 Personnel Classification Hourly Billing Rate Principal $ 299-341 Senior Associate Ecologist $ 268 Associate Ecologist $ 249 Senior Ecologist 2 $ 226 Senior Ecologist 1 $ 204 Ecologist 2 $ 177 Ecologist 1 $ 156 Field Biologist 2 $ 136 Field Biologist 1 $ 113 Senior GIS Analyst $ 167 GIS Analyst $ 142 Technical Editor $ 136 Technical Support $ 109 Clerical Support $ 90 Deposition and Testimony Two times standard rate Subcontractual Consultants Cost plus 10% Direct Expenses Cost plus 10% Transportation Current IRS Federal Standard Mileage Rate (65.5¢ / mile as of January 2023) Travel (Cost plus 10%) — $319/day (based on federal jeer diem rate) Field Equipment Operation Variable Billing rates are subject to annual increases and will be adjusted at the beginning of each calendar year. HIGHLIGHTS • 33 years of experience • Avian ecology • Wetlands and riparian systems ecology • Endangered Species Act consultation • Environmental impact assessment • Management of complex projects EDUCATION PbD, Biological Sciences, Stanford University BS, Biology, College of William and Mary PROFESSIONAL EXPERIENCE Principal, H. T. Harvey & Associates, 1997-2000, 2004—present Ecology section chief/environmental scientist, Wetland Studies and Solutions, Inc., 2000-04 Independent consultant, 1989-97 MEMBERSHIPS AND AFFILIATIONS Chair, California Bird Records Committee, 2016-19 Member, Board of Directors, Western Field Ornithologists, 2014-20 Scientific associateladvisog board, San Francisco Bay Bird Observatory, 1999-2004, 2009-18 Member, Board of Directors, Virginia Society of Ornithology, 2000-04 PUBLICATIONS Erickson, R. A., Garrett, K. L., Palacios, E., Rottenborn, S. C., and Unitt, P. 2018. Joseph Grinnell meets eBird: Climate change and 100 years of latitudinal movement in the avifauna of the Californias, in Trends and traditions: Avifaunal change in western North America (W. D. Shuford, R. E. Gill Jr., and C. M. Handel, eds.), pp. 12-49. Studies of Western Birds 3. Western Field Ornithologists, Camarillo, CA. Rottenborn, S. C. 2000. Nest -site selection and reproductive success of red -shouldered hawks in central California. Journal of Raptor Research 34:18-25. Rottenborn, S. C. 1999. Predicting the impacts of urbanization on riparian bird communities. Biological Conservation 88:289-299. Rottenborn, S. C. and E. S. Brinkley. 2007. Virginia's Birdlife. Virginia Society of Ornithology, Virginia Avifauna No. 7. Stephen C. Rottenborn, PhD Principal, Wildlife Ecology io srottenborn@harveyecology.com H. T. HARYEY & ASSOCIATES 408.458.3205 Ecological Consultants Spears of field notes. enp loration, and excellence PROFESSIONAL PROFILE Dr. Steve Rottenborn is a principal in the wildlife ecology group in H. T. Harvey & Associates' Los Gatos office. He specializes in resolving issues related to special -status wildlife species and in meeting the wildlife -related requirements of federal and state environmental laws and regulations. Combining his research and training as a wildlife biologist and avian ecologist, Steve has built an impressive professional career that is highlighted by a particular interest in wetland and riparian communities, as well as the effects of human activities on bird populations and communities. Steve's experience extends to numerous additional special -status animal species. The breadth of his ecological training and project experience enables him to expertly manage multidisciplinary projects involving a broad array of biological issues. He has contributed to more than 800 projects involving wildlife impact assessment, NEPA/CEQA documentation, biological constraints analysis, endangered species issues (including California and Federal Endangered Species Act consultations), permitting, and restoration. Steve has conducted surveys for a variety of wildlife taxa, including a number of threatened and endangered species, and contributes to the design of habitat restoration and monitoring plans. In his role as project manager and principal -in -charge for numerous projects, he has supervised data collection and analysis, report preparation, and agency and client coordination. PROJECT EXAMPLES Served as H. T. Harvey & Associates' principal -in -charge for the preparation of biological resources reports to support CEQA assessment of several East Palo Alto projects in San Mateo County, including the 2020 Bay Road and 1200 Weeks Street development projects. Served as principal -in -charge for work on biological resources reports, nesting bird and roosting bat surveys, and a variety of other services for a number of projects at colleges and universities, including Foothill College in San Mateo County, Gavilan College in San Benito County, U.C. Santa Cruz in Santa Cruz County, and Stanford University in Santa Clara County. Principal -in -charge for bird -safe design support for more than 40 development projects in more than 10 cities throughout the San Francisco Bay area. This work has entailed preparation of avian collision risk assessments, sections of CEQA documents, assessments of project compliance with requirements of the lead agency, design recommendations (e.g., related to the selection of bird -safe glazing), and avian collision monitoring plans. Has led H. T. Harvey's work on the biological CEQA assessment and permitting for extensive/regional facilities and habitat management programs for the Santa Clara Valley Water District, San Jose Water Company, County of San Mateo, and Midpeninsula Regional Open Space District. HIGHLIGHTS • 15 years of experience • Avian ecology • Environmental impact assessment • Endangered Species Act consultation and compliance • Nesting bird and burrowing owl surveys and monitoring • Other special -status wildlife surveys and habitat assessments • Bird -safe design EDUCATION MS, Fish and Wildlife Management, Montana State University BS, Ecology, Behavior, and Evolution, University of California, San Diego PERMITS AND LICENSES Listed under CDFW letter permits to assist with research on bats, California tiger salamanders, California Ridgway's rails, and California black rails USFWS 10(a) (1) (A) for California tiger salamander PROFESSIONAL EXPERIENCE Associate ecologist, H. T. Harvey & Associates, 2007—present Volunteer bird bander, San Francisco Bay Bird Observatory, 2010-20 Avian field technician, West Virginia University, 2006 Graduate teaching assistant, Montana State University, 2003-06 Avian field technician, Point Blue Conservation Science (formerly PRBO Conservation Science), 2004 Robin J. Carle, MS Wildlife Ecology io H. T. HARYEY & ASSOCIATES rcarle@harveyecology.com Ecological yean Consultants o SO Years of field notes. exploration, and excellence PROFESSIONAL PROFILE Robin Carle is an associate wildlife ecologist and ornithologist at H. T. Harvey & Associates, with more than 15 years of experience working in the greater San Francisco Bay Area. Her expertise is in the nesting ecology of passerine birds, and her graduate research focused on how local habitat features and larger landscape -level human effects combine to influence the nesting productivity of passerine birds in the Greater Yellowstone region. She also banded, sexed, and aged resident and migrant passerine birds with the San Francisco Bay Bird Observatory for 10 years. Her expertise extends to numerous additional wildlife species. With an in-depth knowledge of regulatory requirements for special - status species, Robin has contributed to all aspects of client projects including NEPA/CEQA documentation, bird -safe design assessments, biological constraints analyses, special -status species surveys, nesting bird and raptor surveys and monitoring, construction implementation/permit compliance, Santa Clara Valley Habitat Plan/Natural Community Conservation Plan applications and compliance support, and natural resource management plans. Her strong understanding of CEQA, FESA, and CESA allows her to prepare environmental documents that fully satisfy the regulatory requirements of the agencies that issue discretionary permits. She manages field surveys, site assessments, report preparation, agency and client coordination, and large projects. PROJECT EXAMPLES Served as project manager for the preparation of a biological resources report for the Oracle Design Tech Charter School in Redwood City, San Mateo County, which included assessment of impacts on the salt marsh harvest mouse and California Ridgway's rail, as well as impacts due to bird collisions. Provided bird -safe design support for development at Oyster Point in South San Francisco, San Mateo County, including the preparation of an avian collision risk assessment and providing project -specific bird - safe design measures to ensure compliance with CEQA requirements Served as project manager for the preparation of a biological resources report to facilitate CEQA consultation for the City of Santa Clara's Tasman East Specific Plan in Santa Clara County, which included assessments of impacts on burrowing owls, impacts due to encroachment within the riparian buffer, impacts due to increased lighting, and impacts due to avian collisions with new buildings. Provides bird -safe design support for large development projects for several major technology companies in the San Francisco Bay Area including the preparation of avian collision risk assessments, sections of CEQA documents, assessments of project compliance with City requirements, design recommendations (e.g., related to the selection of bird -safe glazing), avian collision monitoring plans. HIGHLIGHTS • 10 years of experience • CEQA biological assessments • Bird -safe design • Endangered Species Act consultations • Special -status species surveys and compliance monitoring EDUCATION B.S., Fisheries and Wildlife Science, Oregon State University PROFESSIONAL EXPERIENCE Senior Wildlife Ecologist 1, H. T. Harvey & Associates, 2019—present Greater sage grouse research assistant, USGS/UC Davis Patricelli Lab, 2018 On -call and staff biologist, Sequoia Ecological Consulting, 2016-18 Biologist I, Santa Clara Valley Water District, 2017-18 Biologist and technical lead, Transcon Environmental, 2015-17 Biological monitor, Sonoma Marin Area Rail Transit Segment 1B, 2014-15 Associate wildlife biologist, The Wildlife Project, 2014-15 Aletland resources intern, Mt. View Sanitary District, 2014 VOLUNTEER EXPERIENCE Volunteerfield assistant, USGS Giant Garter Snake Research, 2016 Volunteer larval California tiger salamander pond surmgor, Rancho Seco Nature Preserve, 2015 Volunteer restoration assistant, Grinnell College Center for Prairie Studies, 2003-06 ..r Jane Lien, BS Wildlife Ecology hen harve eC010 COm H. T. HARYEY & ASSOCIATES y Ecological Consultants 408.458.3288 50 years of field notes, exploration, and excellence PROFESSIONAL PROFILE Jane is a senior wildlife ecologist at H. T. Harvey & Associates with more than 10 years of experience in wildlife ecology and survey techniques. She has worked in both the public and private sectors, providing biological and regulatory compliance support for housing, commercial development, utility, transportation, and water resources projects. She contributes to a variety of biological analyses and technical reports including ESA/CESA consultations, CEQA biological assessments, bird -safe design assessments, biological constraints analyses, and technical documents such as Caltrans Natural Environment Studies and Biological Assessments, and PG&E Biological Resource Technical Reports. Jane has broad expertise in Central California wildlife ecology, having conducted surveys and assessments for Alameda whipsnake, western pond turtle, Central California Coast steelhead, California tiger salamander, California red -legged frog, foothill yellow -legged frog, Santa Cruz long -toed salamander, California giant salamander, California black rail, California Ridgway's rail, burrowing owl, San Joaquin kit fox, salt marsh harvest mouse, roosting bats, and many other special -status animals. She has conducted thousands of hours of nesting passerine and raptor surveys, and she has also contributed to field research with teams studying western pond turtle nesting and habitat use; giant garter snake growth, reproduction and survival; and greater sage -grouse lek behavior and energetics. PROJECT EXAMPLES Prepared a biological resources report to support CEQA consultation for the 1301 Shoreway Project in Belmont, San Mateo County, which included assessment of impacts on Central California Coast steelhead, green sturgeon, salt marsh harvest mouse, California Ridgway's rail, and impacts due to bird collisions. Prepared a biological resources report in support of CEQA consultation for the 505 East Bayshore Road housing development in East Palo Alto, San Mateo County, which included assessment of impacts on the salt marsh harvest mouse and California Ridgway's rail, as well as impacts due to bird collisions. Prepared a biological resources report to support CEQA consultation for the Parkline Master Plan in Menlo Park, San Mateo County, which included assessment of impacts due to bird collisions. Prepared an Avian Collision Risk Assessment for the 1699 and 1701 Old Bayshore Highway Project, a life sciences/office development in Burlingame, San Mateo County. Prepared an Avian Collision Risk Assessment for the 777 Airport Boulevard Project, an office development in Burlingame, San Mateo County. HIGHLIGHTS • 15 years of experience • Rare and endangered plant surveys • Non-native plant control • CEQA expertise • Regulatory permitting EDUCATION MS, Botany, Oregon State University BS, Biology, California State University, Long Beach PERMITS AND LICENSES CDFW scientific collecting permit for voucher specimens of State -listed endangered and threatened plants No. 2081(a)-22-078-V Wetland Delineation Certification, Advanced Hydric Soils Training, Advanced Hydrology Training, Wetland Training Institute PROFESSIONAL EXPERIENCE Senior botanist, H. T. Harvey & Associates, 2020— present Botanist, regulatory specialist, Psomas, 2014-20 Botanist, Stanislaus National Forest, 2014 Botanist, Nomad Ecology, 2013 Field botanist, Institute for Applied Ecology, Corvallis, OR 2010-12 Invasive species manager, Isle Royale National Park, MI, 2010 Restoration ecologist and revegetation technician, Bureau of Land Management, Salton Sea, CA 2010 Rare plant ecologist, Big Thicket National Preserve, TX, 2009 Ecology technician, Hawaii Permanent Plot Network, Center for Tropical Forest Science (CTFS), 2008 Conservation ecology assistant, Palos Verdes Peninsula Land Conservancy, CA 2007-08 Katie Gallagher, MS Plant Ecology k alla her harve ecolo corn H. T. HARVEY & ASSOCIATES g g y Ecological Consultants 408.458.3219 50 years of field notes, exploration, and excellence PROFESSIONAL PROFILE Katie Gallagher is a senior ecologist in the botany group at H. T. Harvey & Associates with 15 years of experience. She has worked in public, private, and non-profit land management. As a botanist, her professional background includes conducting botanical and rare plant assessments and vegetation mapping, designing and implementing restoration projects, and wetland monitoring. As a regulatory specialist, she has acquired many environmental permits for multiple regulatory agencies and written botanical sections of CEQA documentation. At H. T. Harvey & Associates, Katie manages client projects and project teams. She designs biological monitoring methods, coordinates field work, and oversees junior technical staff. She conducts botanical and ecological studies, including protocol -level special -status plant surveys, vegetation mapping, wetland delineation, invasive plant surveys, and assists with restoration implementation and monitoring. PROJECT EXAMPLES Served as a regulatory permitting specialist on the Sunnyvale Water Pollution Control Plant Master Plan. Conducted pre -construction surveys for special -status plants and prepared regulatory permits for the USACE, RWQCB, and BCDC. Served as lead botanist for the Santa Clara Valley Water District in implementing a long-term habitat management plan for the Rancho Canada de Pala Preserve, a 1,758-acre preserve to the east of San Jose that serves as mitigation for Valley Water's Stream Maintenance Plan. Conducted site assessments and provided senior review for the monitoring reports. Authored the biological section of a Preliminary Environmental Analysis Report for the U.S. Route 101 Interchanges Improvement San Antonio to Charleston Project, a Caltrans project between Mountain View and Palo Alto. Prepared a biological resources report to facilitate CEQA review for the Fisher Creek Detention Basin Project. This project called for increasing the volume capacity of the basin by the City of Morgan Hill, to anticipate the increasing need for floodwater capacity as they increase the developed area. Monitored restoration areas on turbine pads of renewable energy wind farm in the Tehachapi Wind Resource Area, the largest wind resource area in California. Provided monitoring crew with botanical background of the local flora and support with site logistics to maximize the crew's efficiency. MEMBERSHIPS AND AFFILIATIONS Managed preparation of the CEQA biotic resources for the Milligan California Invasive Plant Council (since 2020) Parking Lot Project. This lot, which will provide parking for the nearby California Native Plant Society (2009-20) SAP Center for the City of San Jose, is adjacent to Guadalupe Creek, a Friends of the Jepson Herbarium (since 2013) large perennial creek within an urban area. Northern California Botanists (2022) HIGHLIGHTS • 5 years of experience • ISA-Certified Arborist • Plant identification • Long-term monitoring • Data analysis • Report preparation EDUCATION MS, University of Montana, organismal biology, ecology, and evolution BS, University of California Santa Cruz, plant sciences CERTIFICATIONS ISA-Certified Arborist WE-12542A PROFESSIONAL EXPERIENCE Restoration ecologist and Certified Arborist, H. T. Harvey & Associates, 2018—present Graduate researcher and teaching assistant, University of Montana, 2014-17 Field research technician, University of Montana, 2013 Native plant nursery and habitat restoration residential intern, Salmon Protection and Watershed Network, 2013 Student lab assistant, University of California Santa Cruz, 2011-13 PUBLICATIONS Hegstad, R. J. and J. L. Maron. 2019. Productivity and related soil properties mediate the population -level consequences of rodent seed predation on Blanketflower, Gaillardia aristata. Journal of Ecology. 107: 34-44. Hegstad, R. J. and I. M. Parker. 2013. Reintroduction success of the endangered herb Arenaria paludicola at Golden Gate National Recreation Area: Lessons from the second year. Submitted to the United States Fish and Wildlife Service, 22 November 2013. 33 pp. ,,,Fl Ryan J. Hegstad, MS Restoration Ecology H. T. HARVEY & ASSOCIATES. rhegstad@harveyecology.com Ecological Consultants 408.452.3231 50 years of field notes, ez plc ratio n, and excellence PROFESSIONAL PROFILE Ryan Hegstad is a restoration ecologist and ISA Certified Arborist in the Los Gatos office of H. T. Harvey & Associates. He has more than 5 years of experience and is trained in ecology, botany, restoration, and arboriculture. Prior to joining the firm Ryan worked on restoration projects and led a native plant nursery in Marin County, California. His graduate research focused on how seed -eating mice can reduce plant abundance, and how environmental conditions can affect whether seed predation has large or small effects on plant recruitment and abundance. During his graduate studies Ryan gained a strong background in ecological theory, and he uses this knowledge while designing, monitoring, and implementing restoration plans. Ryan has ecological monitoring experience, has sampled and cataloged various plant species, and studied the influence of restoration techniques on a critically endangered plant, coastal sandwort. At H. T. Harvey & Associates, Ryan provides arborist services on a variety of projects. These services include conducting tree inventories and assessments, measuring tree canopy, writing arborist reports, providing peer -review of arborist reports, and working with clients on tree removal and replacement plans during project permitting. Additionally, Ryan works on restoration projects and supports wildlife projects with special -status mammals. He writes maintenance and monitoring plans, develops study and sampling designs, contributes to monitoring efforts, conducts plant surveys, analyzes data using statistical programs, helps with vegetation monitoring and maintenance, and contributes to reports. PROJECT EXAMPLES Led tree inventories and assessments and wrote 3 arborist reports covering over 470 trees for multiple clients including the City of San Jose, in developed and partially developed areas in the City of San Jose. Led tree inventories and assessments and wrote 4 arborist reports covering over 800 trees for multiple corporate office redevelopment projects in the southern San Francisco Bay Peninsula Provided peer -review of arborist report written by an external firm, led reassessment of 480 trees of 55 species over an 8 acre area, and wrote a report updating tree information for a redevelopment site located in Oakland. Prepared Sycamore Alluvial Woodland Planting Guide which provides guidelines for the installing California sycamores in altered and unaltered hydrological regimes throughout Santa Clara Valley. Analyzed the results and authored a California sycamore cutting propagation study report. The study tested the efficacy of various cutting and propagation techniques as part of the Santa Clara Valley Water District sycamore alluvial woodland restoration efforts. Attachment D Hexagon Transportation Consultants Scope of Work Proposal to Prepare CEQA Documentation for the 1499 February 2023 Bayshore Highway Project in Burlingame, CA ICF HEXA60N TPANSPOPTATION CONSULTANTS, IN(. January 26, 2023 Heidi Mekkelson ICF 201 Mission Street, Suite 1500 San Francisco, CA 94105 Re: Proposal for Peer Review of Transportation Impact Analysis for Research and Development Project at 1499 Bayshore Highway Dear Ms. Mekkelson: Hexagon Transportation Consultants, Inc. is pleased to submit this proposal to conduct a peer review of the transportation impact analysis (TIA) conducted for the proposed office/R&D project located at 1499 Bayshore Highway in Burlingame, California. Hexagon will review and comment on the applicant's transportation report prepared by Kittelson, including input assumptions, methodology, calculations, impacts, mitigation measures, report, and conclusions. It is assumed that all report appendices and electronic files for all analyses contained in the TIA will be available to facilitate our review. Our comments will be transmitted to you in a written memorandum report for review. Subsequent rounds of review may be completed upon request if our peer review recommends substantial changes to the TIA analysis methodology, assumptions, or conclusions. Once comments have been addressed, Hexagon will prepare a final letter. The initial peer review will take two weeks to complete. The cost for the review will be based on staff time not to exceed $12,000. A rate sheet is attached. We appreciate your consideration of Hexagon Transportation Consultants for this assignment. If you have any questions, please do not hesitate to call. Sincerely, HEXAGON TRANSPORTATION CONSULTANTS, INC. 74--) J- Gary K. Blac President 100 Century Center Court, Suite 501 • San Jose, California 95112 • phone 408.971.6100 • fax 408.971.6102 • www.hextrans.com PPP�'N Heidi Mekkelson January 26, 2023 Page 2 of 4 Hexagon 2023 Billing Rates Professional Classification Rate per Hour President $330 Principal $285 Senior Associate II $265 Senior Associate 1 $245 Associate II $220 Associate 1 $195 Planner/Engineer 11 $165 Planner/Engineer 1 $135 Admin/Graphics $120 Assistant Planner/Engineer $110 Technician $80 Direct expenses are billed at actual costs, with the exception of mileage, which is reimbursed at the current rate per mile set by the IRS. Billing rates shown are effective January 1, 2023 and subject to change January 1, 2024. PPP�'N Heidi Mekkelson January 26, 2023 Page 3 of 4 Gary K. Black, AICP, President Education Master of City Planning in Urban Transportation, University of California at Berkeley Bachelor of Arts in Geography, University of California at Los Angeles Professional Associations American Institute of Certified Planners Institute of Transportation Engineers Experience Since 1982, Mr. Black has directed a number of transportation planning, traffic engineering, parking, and transit studies. He has prepared transportation plans for the Cities of San Jose, Palo Alto, San Mateo, and San Carlos, and areawide plans for reuse of the Bay Meadows racetrack site in San Mateo, the Cargill salt ponds site in Redwood City, and many parts of San Jose (North San Jose, Downtown, Edenvale, and Evergreen). He has prepared traffic studies for new development in most cities within the Bay Area. He also has prepared numerous parking studies, including downtown parking studies for San Carlos, San Mateo, Gilroy, and San Jose. Representative Projects • Areawide Transportation Plans: Circulation Elements for General Plans in San Mateo, Sunnyvale, San Carlos, and Palo Alto. Bay Meadows — Hexagon prepared the transportation plan for redevelopment of the Bay Meadows Race Track in San Mateo into a mixed -use, transit oriented development. San Carlos - Citywide study involved estimating and analyzing the traffic conditions that would occur from buildout of known development sites within the city. Intersection levels of service were calculated and recommendations were made for possible transportation network improvements. North San Jose — Hexagon developed a revised development policy for North San Jose that included a long-range forecast of traffic conditions and development of a long list of necessary transportation improvements — both roads and transit. The policy resulted in the adoption of an impact fee to fund transportation improvements. Redwood City — Hexagon has done the transportation planning for the proposed reuse of the Cargill salt ponds in Redwood City. The potential reuse includes essentially the development of a new town with 12,000 homes, office buildings, a shopping center, and schools. • Campus Studies: Foothill College —The campus is served by one ring road that is accessed through a single intersection. Hexagon staff recommended that the ring road be made one-way. Other recommendations were also made for better signage and lighting around the ring road. City College — Hexagon staff was hired to measure parking demand and to determine the amount of new parking needed. Hexagon staff conducted parking occupancy surveys. Student parking in neighborhoods was estimated by comparing overnight occupancy to occupancy at typical student peak times. PPP�'N Heidi Mekkelson January 26, 2023 Page 4 of 4 IBM Campus - Hexagon staff was hired to address various problems occurring on the internal roads. Many recommendations came out of the study, including modifying speed limits, narrowing streets, channelizing pedestrian crossings, adding signals, and modifying intersection geometries to improve sight distance. • Site Traffic Analyses: For offices, hotels, restaurants, residential subdivisions, apartments, schools, warehouses, industrial complexes, and mixed -use developments in San Jose, Santa Clara, Sunnyvale, Milpitas, Los Gatos, Fremont, Monterey, Palo Alto, Menlo Park, Redwood City, San Carlos, San Mateo, Los Altos, Santa Rosa, Napa, Hayward, Bakersfield, Richmond, Concord, and Cupertino, California. These included estimation of future trip generation, impacts on adjacent intersections, and site -specific pedestrian and auto circulation issues such as driveway and crosswalk locations. • Corridor Studies: Route 238 Bypass — Mr. Black evaluated several transportation alternatives to the proposed Rte. 238 Bypass in Hayward. The Planning Area 2 Travel Forecasting model was used to project future traffic in the Central County area. The basis of the evaluation was to analyze the effects of each scenario in terms of (a) changes in traffic volumes on major roads and freeway segments, (b) congested versus uncongested vehicle miles traveled (VMT), and (c) the impacts on major street intersection operations. • Parking Studies: San Carlos — Staff believed that the available parking spaces were utilized to such an extent that any future development could not be accommodated. It was determined that future development could be accommodated only by planning a parking structure. A suitable site was identified, and a three - level parking structure was designed (one level underground and two levels above). To help the financial feasibility of the parking structure, it was designed to have two levels of housing above. San Mateo — Due to recent and projected growth, many downtown merchants believed that more parking facilities were needed. Surveys revealed that the existing parking situation was adequate, although during peak times customers sometimes had to settle for less desirable spaces because the prime spaces were taken by employees. The study was able to show that a relatively modest increase in downtown parking meter rates combined with a small property assessment could finance an additional parking structure. • Major Developments: Valley Fair — Valley Fair is a 1.2 million square foot regional mall that was proposed for enlargement by approximately 300,000 square feet. Santana Row —This project transformed a 1960's era shopping center into a mixed -use "Main Street" style shopping, entertainment and residential center. Oakridge Mall — The proposed expansion consisted of the addition of 85,000 square feet of movie theater space plus additional retail and restaurant space. Evergreen Specific Plan - The plan called for the construction of over 4,000 dwelling units on about 600 acres. Hexagon staff analyzed both on -site and off -site traffic impacts of the plan and developed the circulation element of the EIR. Attachment E EKI Environment & Water, Inc. Scope of Work Proposal to Prepare CEQA Documentation for the 1499 February 2023 Bayshore Highway Project in Burlingame, CA ICF ekienvironment & water 1 February 2023 Jennifer Ostner ICF 201 Mission Street, Suite 1500, San Francisco, CA 94105 Corporate Office 2001 Junipero Serra Boulevard, Suite 300 Daly City, CA 94014 (650)292-9100 ekiconsult.com Subject: Proposal for a Water Supply Assessment for an Office and R&D Building at 1499 Bayshore Highway City of Burlingame (EKI C3-055) Dear Ms. Ostner: EKI Environment & Water, Inc. (EKI) is pleased to submit this proposal to prepare a Water Supply Assessment (WSA) for a proposed commercial development consisting of an approximately 315,200 square -foot (sq ft) office/research and development building (including parking) located on a 2.97-acre site at 1499 Bayshore Highway and 825 Mahler Road in Burlingame, CA (Proposed Project). The Proposed Project is located within the service area of the City of Burlingame (City), and as such the City will be required to prepare a WSA as part of the California Environmental Quality Act (CEQA) process that is being led by ICF. SCOPE OF WORK For the purposes of this WSA, we have assumed that EKI will rely on information included in the City's 2020 Urban Water Management Plan (UWMP) and the City's 2022 DSS Model update to assess City demands and supply reliability, as well as project- and City -specific information that will be provided in response to a request for information (RFI) submitted by EKI. EKI has supported the City in completing three WSAs that were approved in 2022. The scope of work below aligns with the approach used in the City's approved and ongoing WSAs. Additional details on the anticipated scope of work are provided below. Task 1— Prepare Draft and Final WSA Pursuant to California Water Code (CWC) §10910, EKI will prepare a draft WSA for the City to review that will summarize/include the following: • The requirements of a WSA as defined in CWC §10910; • A description of the Proposed Project based on information provided by ICF and the Project Proponent; Davis, CA • Marin, CA • Oakland, CA • Roseville, CA • Irvine, CA Centennial, CO • Glastonbury, CT • Holyoke, MA • Saratoga Springs, NY ICF 1 February 2023 Page 2 of 4 ienvironment & water • The projected future water demands of the Proposed Project (based on water demand factors identified in literature and other public sources for similar land uses) and the incremental demands of the Proposed Project (i.e., after accounting for any existing water use at the project site); • An assessment as to whether the Proposed Project can be considered to be included in the 2020 UWMP; • The current and projected future water demands for the City (based on the 2020 UWMP and the City's 2022 DSS Model update); • The current and future water supplies for the City per the 2020 UWMP and any additional information provided by the City, including a description of projected San Francisco Public Utilities Commission (SFPUC) dry year shortfalls as a result of the Water Quality Control Plan for the San Francisco/Sacramento-San Joaquin Delta Estuary (Bay -Delta Plan Amendment), recently proposed settlement agreements,' and any City -specific policies and approaches, as appropriate; and • A comparison of the projected water supplies and demands for the City through the year 2045 to determine whether the City has sufficient water supplies during current and projected future normal and dry years. This estimate will reflect the recent changes to the UWMP regulations, effective January 2019, that require UWMPs to assess drought periods lasting five years.Z A draft WSA will be sent to ICF and the City for review and comment. EKI will then incorporate ICF/City comments and prepare a revised draft WSA for review by the Project Proponent. EKI will then incorporate received comments into a final WSA document, which will be provided to ICF and the City in electronic (PDF) format. For scoping and budgeting purposes, we have assumed a minimal level of revision will be necessary to address comments and prepare a final WSA. Task 2 — Project Coordination and Meetings This task will cover routine project management tasks and client communications. As part of this task, EKI will prepare and submit an RFI to ICF and the City. Coordination efforts are also anticipated to include telephone conference calls and up to two (2) web conference meetings (e.g., a project "kick off" meeting, and a meeting to discuss the draft WSA). EKI will be available to participate in meetings with ICF and the City and will work with ICF and the City to ensure that the WSA appropriately characterizes their projected demands and supply availability and reliability. 1 Memorandum of Understanding Advancing a Term Sheet for the Voluntary Agreements to Update and Implement the Bay -Delta Water Quality Control Plan, and Other Related Actions, dated 29 March 2022: Voluntary-Agreement- Package-March-29-2022.pdf (ca.gov). It is noted that SFPUC is not a party to this Memorandum of Understanding. Z Noting that the corresponding WSA regulations have not been updated, it is most conservative to include a five- year assessment of supply reliability in the WSA, in addition to the three-year multi -dry year period. ICF 1 February 2023 Page 3 of 4 PROJECT SCHEDULE ienvironment & water EKI is prepared to start work on the above Scope of Work immediately upon authorization to proceed. It is anticipated that the work effort will take approximately two months to complete, assuming timely provisions of data from ICF, the Project Proponent and the City, and timely review of the WSA drafts. EKI will inform ICF and the City of any issues that arise that may affect the schedule for completion or impact the anticipated level of effort. COMPENSATION FOR CONSULTING SERVICES Inasmuch as the exact level of effort required to complete the above Scope of Work cannot be known precisely, EKI proposes to perform the above services on a lump sum basis. A breakdown of the budget is provided in Table 1 below. It is understood that at times the receipt of data and key information may be necessarily delayed, but it is noted that significant delays or multiple additional rounds of document revision or meetings are beyond the proposed scope of work, and would result in additional charges. In the event that such out of scope conditions occur, EKI will notify ICF of the additional anticipated level of effort, and any additional work will be billed on a time and materials expense reimbursement basis in accordance with our current Schedule of Charges, dated 1 January 2023, attached. Table 1. Proposed Project Budget TASK Cost Task 1— Prepare Draft and Final WSA Develop Proposed Project Demands and City Demands $2,100 Evaluate the City's Water Supplies $5,400 Compare Projected Supplies with Projected Demands $5,400 Prepare Draft and Final WSA $11,700 Task 2 — Project Coordination and Meetings $2,100 TOTAL (Lump Sum): $27,000 ICF 1 February 2023 Page 4 of 4 We are excited about the opportunity to work with you on this project. Very truly yours, EKI Environment & Water, Inc. Anona L. Dutton, P.G., C.Hg. Vice President / Principal -In -Charge ATTACHMENTS Attachment A EKI Schedule of Charges, dated 1 January 2023 ienvironment & water Client/Address: ICF 201 Mission Street, Suite 1500 San Francisco, CA 94105 ekienvironment & water Proposal/Agreement Date: 31 January 2023 EKI Proposal/Project # C3-055 SCHEDULE OF CHARGES FOR EKI ENVIRONMENT & WATER, INC. 1 January 2023 Personnel Classification Hourly Rate Officer and Chief Engineer -Scientist 332 Principal Engineer -Scientist 320 Supervising I, Engineer -Scientist 309 Supervising II, Engineer -Scientist 298 Senior I, Engineer -Scientist 286 Senior II, Engineer -Scientist 275 Associate I, Engineer -Scientist 264 Associate II, Engineer -Scientist 248 Engineer -Scientist, Grade 1 231 Engineer -Scientist, Grade 2 218 Engineer -Scientist, Grade 3 200 Engineer -Scientist, Grade 4 178 Engineer -Scientist, Grade 5 157 Engineer -Scientist, Grade 6 138 Project Assistant 130 Technician 125 Senior GIS / Database Analyst 162 CADD Operator / GIS Analyst 144 Senior Administrative Assistant 159 Administrative Assistant 124 Secretary 104 Direct Expenses Reimbursement for direct expenses, as listed below, incurred in connection with the work will be at cost plus fifteen percent (15%) for items such as: a. Maps, photographs, reproductions, printing, equipment rental, and special supplies related to the work. b. Consultants, soils engineers, surveyors, drillers, laboratories, and contractors. C. Rented vehicles, local public transportation and taxis, travel, and subsistence. d. Special fees, insurance, permits, and licenses applicable to the work. e. Outside computer processing, computation, and proprietary programs purchased for the work. A Communication charge for e-mail access, web conferencing, cellphone calls, messaging and data access, file sharing, local and long distance telephone calls and conferences, facsimile transmittals, standard delivery U.S. postage, and incidental in-house copying will be charged at a rate of 4% of labor charges. Large volume copying of project documents, e.g., bound reports for distribution or project -specific reference files, will be charged as a project expense as described above. Reimbursement for company -owned automobiles, except trucks and four-wheel drive vehicles, used in connection with the work will be at the rate of sixty cents ($0.60) per mile. The rate for company -owned trucks and four-wheel drive vehicles will be seventy-five cents ($0.75) per mile. There will be an additional charge of thirty dollars ($30.00) per day for vehicles used for field work. Reimbursement for use of personal vehicles will be at the federally allowed rate plus fifteen percent (15%). CADD and other specialized software computer time will be charged at twenty dollars ($20.00) per hour. In-house material and equipment charges will be in accordance with the current rate schedule or special quotation. Excise taxes, if any, will be added as a direct expense. Rate for professional staff for legal proceedings or as expert witnesses will be at a rate of one and one-half times the Hourly Rates specified above. The foregoing Schedule of Charges is incorporated into the Agreement for the Services of EKI Environment & Water, Inc. and may be updated annually. Anona L. Dutton, PG, CHG Vice President / Director of Water Resources Ms. Dutton has over 20 years of professional experience managing water resources projects. She has managed multi -million dollar efforts to secure reliable water supplies for water agencies and developers. Ms. Dutton has lead technical efforts to minimize the water footprint of new and existing development, assess groundwater and surface water supply yields, securewater transfer options, and evaluate the feasibility of developing new water supply sources such as recycled water, water desalination, and other non -potable sources. Ms. Dutton is deeply involved in implementation of the Sustainable Groundwater Management Act (SGMA) throughout the State, including provision of strategic and technical support for Groundwater Sustainability Agency formation and administration, basin boundary adjustments, Groundwater Sustainability Plan development and implementation, and securing and administering grant funding. Her work to support public sector clients has also included Water Supply Assessments, Water System Master Plans, Urban Water Management Plans (UWMPs), and Water Conservation Plans. She has worked extensively on water supply and planning issues throughout the Bay Area, including for the Bay Area Water Supply and Conservation Agency (BAWSCA), many of the BAWSCA member agencies and Valley Water. Relevant Experience • Multiple BAWSCA Agencies. Development of 2020 Urban Water Managements (UWMPs) and Water Shortage Contingency Plans (WSCPs) and Multiple Water Resources Assessments. Ms. Dutton oversaw the development of 43 UWMPs and WSCPs as part of the 2020 cycle, including for several BAWSCA member agencies including the Cities of Burlingame, Hayward, East Palo Alto, Menlo Park, Redwood City, and Foster City, and California Water Service Company, Westborough Water District, and North Coast County Water District. As part of this work, she evaluated the reliability of multiple water supply sources including groundwater, Hetchy- Hetchy, recycled water, and local surface water. She also developed supply- and agency -specific triggers for assessing water shortage conditions and applied EKI's Drought Response Tool to identify specific drought response actions and quantitatively assess their water savings impacts. As part of these efforts, Ms. Dutton engaged with local agency stakeholders and decision makers in significant discussions regarding projected supply shortages and supply augmentation and demand management options. Currently Ms. Dutton is supporting several of these agencies to assess the Education • M.S., Hydrogeology, Stanford University, 2000 • B.S., Environmental Sciences, Stanford University, 1998 Registrations/Certifications • Professional Geologist in California (#7683) • Certified Hydrogeologist in California (#841) Technical Expertise • Urban Water Management Planning (UWMPs) • Water Supply Assessments and Master Planning (WSAs/WWMPs) • Successful Grant Writing and Administration • SGMA Planning and Implementation • Groundwater Supply Infrastructure Planning • Groundwater Banking Development and Performance Analysis • Hydrogeologic Investigation • Numerical Groundwater Modeling • Water Quality Sampling and Aquifer Testing • Well Design and Construction Anona L. Dutton, PG, CHG eki availability of local groundwater, surface water and recycled water options as they look to increase the diversification and reliability of their water supply portfolios. • Valley Water, Multiple Water Banking Related Analysis. Santa Clara Valley, CA, Ms. Dutton leads EKI's efforts to support Valley Water in the assessment of multiple water banking opportunities. Work efforts have included analysis of existing water bank performance and risk factors, including those related to water quality and declining groundwater levels, and systemizing the process to support Valley Water's on -going assessment of water bank performance. Recent work efforts also include conducting due diligence on two potential water banking opportunities. • Valley Water, Water Conservation Strategic Plan. Santa Clara Valley, CA. Ms. Dutton oversaw the development of Valley Water's 2021 Water Conservation Strategic Plan and associated outreach. This Strategic Plan provides a blueprint for meeting Valley Water's established conservation policy objectives and targets and serves as a tool and reference document to inform and support Valley Water's future conservation program marketing and design. • Bay Area Water Supply and Conservation Agency. One Water Roundtable. Bay Area, CA. Ms. Dutton managed the development of the initial phases of the Bay Area Water Supply and Conservation Agency's (BAWSCA) multi -year, multi -million -dollar Long -Term Reliable Water Supply Strategy (Strategy), which established the framework to develop millions of gallons per day of normal and drought year water to meet the projected needs of the BAWSCA region through 2035. The Strategy was the first study to document the normal and dry year needs of the BAWSCA region, and to identify specific local and regional projects that could be developed to meet that need. Ms. Dutton led the effort to coordinate the development of the Strategy with the 26 BAWSCA member agencies, including overseeing the technical evaluation of 65 potential water supply projects, including the development of key project information (e.g., yield, cost, environmental impacts, and feasibility) for these groundwater, recycled water, and water transfer projects. Ms. Dutton was also responsible for supporting BAWSCA's effort to secure a dry -year water transfer. In that role, Ms. Dutton led the effort between BAWSCA and the East Bay Municipal Utilities District (EBMUD) to develop a Pilot Water Transfer Plan that assesses the cost, operational and institutional issues, and agreements necessary to affect a one-year pilot water transfer between BAWSCA and EBMUD. Ms. Dutton has led subsequent work efforts for BAWSCA including supporting the drought response analysis and initial efforts to develop the Regional Water Supply Reliability Model. • California Water Service Company (CalWater), Water Supply Reliability Studies. California. Ms. Dutton lead the preparation of multiple local and regional water supply reliability studies (WSRS) for Cal Water Districts throughout California, using integrated resource planning processes to create a long-term supply reliability strategy through 2050. These studies address challenges from changing water supply reliability conditions, new regulatory requirements, growth in water demands, and insufficient diversity in existing water supply sources. The reliability studies include supply and demand forecasts through the 2050 planning horizon, an evaluation of supply reliability gaps, identification and evaluation of potential water supply alternative options to address supply gaps, identification and assessment of preferred water supply options, and an implementation plan for the preferred options. This WSRS work extends from the work that EKI has provided to Cal Water since 2-5 Anona L. Dutton, PG, CHG eki 2015 related to assessing the impacts of the Sustainable Groundwater Management Act (SGMA), development of its 25 2020 Urban Water Management Plans (UWMPs), preparation of multiple SB- 610 compliant Water Supply Assessments (WSAs), and analysis of groundwater and local surface water production potential. EKI's initial WSRS study for Cal Water focused on the Bay Area, and included evaluation of several projects including: (1) brackish groundwater desalination, (2) recycled water to offset irrigation demand and generate in lieu recharge of the Westside Basin, and (3) augmented aquifer storage and recovery (ASR) in the Westside Basin. BAWSCA's Regional Water System Reliability Model was applied to evaluate various shortage scenarios that considered impacts of climate change and the Bay -Delta Plan Amendment on the Regional Water System (RWS) reliability. The projects were screened and ranked against multiple quantitative and qualitative criteria including, cost, yield, reliability, water quality, permitting, etc. Currently, Ms. Dutton is leading the work on the Delta Region WSRS which assess the reliability of multiple federal, state and local water sources and analyze project opportunities to increase the supply reliability for multiple Cal Water districts. California Water Service Company (CalWater), Strategic SGMA Support. California. Ms. Dutton provided strategic technical support to California Water Service Company in its response to SGMA in multiple basins throughout California, including developing a technical understanding of basin conditions that will inform elements of the GSP and the overall SGMA compliance strategy. She is also acting as an extension of staff, attending meetings and providing peer review support for various technical documents and models being prepared by DWR, local GSAs, and others. She is also involved with the development of policy papers that inform company -wide decisions making with respect to SGMA implementation in matters related to cost -share, conjunctive use, and water transfers. Zone 7 Water Agency. Conjunctive Use Feasibility Study. Alameda and Contra Costa Counties. Ms. Dutton is leading the development of a Conjunctive Use (CU) Study to identify the preferred integration of known and potential future sources and new infrastructure along with the effect of this integration on yield, operations, and reliability. The CU Study is considering a variety of sources and options, including optimization of the groundwater basin, recharge of imported and reclaimed water, investments in LVE and Sites reservoir, and water bank operation. Issues related to operations, water quality, infrastructure and permitting needs, cost, climate change and other aspects are being directly quantified as part of the reliability and preferred alternatives assessment. In a companion effort, Ms. Dutton developed Zone 7's Alternative GSP. City of East Palo Alto. Water Supply Strategy, San Mateo County. Ms. Dutton led the development of the City's 2015 UWMP and its 2020 UWMP. Ms. Dutton manages the development and implementation of a comprehensive strategy to address the City's water shortage crisis. She supported the City in negotiating an agreement for the first -ever transfers within the San Francisco Regional Water System. She also managed the successful installation and testing of a new production well, including hydrogeologic investigation, numerical groundwater modeling, water quality sampling, aquifer testing, and test well design and construction. She assisted the City in the reactivation and 3-5 Anona L. Dutton, PG, CHG eki permitting of the existing Gloria Way Well and oversaw the design of the well's groundwater treatment system. • City of Lathrop. Integrated Water Resources Master Plan. Ms. Dutton served as project manager for the preparation of the City of Lathrop's Integrated Water Resources Mater Plan, which included comprehensive updates to the Water System, Wastewater System, and Recycled Water System Master Plans and associated CIPs. Ms. Dutton has managed efforts to update the City's infrastructure and land use GIS databases to develop new GIS-integrated hydraulic models, evaluate the City's potable and recycled water demands and wastewater flows projections, and evaluate the City's future water supply and reliability. Ms. Dutton has led the outreach efforts with the project stakeholders, including the City's development community. Ms. Dutton is also providing strategic technical support to the City of Lathrop in its response to SGMA, including evaluating various GSA and basin boundary revision options. Ms. Dutton oversaw the development of the City's 2015 and 2020 UWMPs. • City of Brisbane. Water Shortage Contingency Plan and Master Plan Updates. San Mateo County, CA. PIC/Project Manager. Ms. Dutton developed a Water Shortage Contingency Plan for the City of Brisbane. Ms. Dutton worked closely with Brisbane staff and its legal counsel to develop a WSCP that reflected the low per capita water use of its residents (e.g., less than 50 gallons per capita per day); the local public policy interests to allocate water shortages; mechanisms to implement necessary cutbacks; and actions for City staff to implement the WSCP. Based on the work that Ms. Dutton did for the City of Brisbane in 2014 to develop their Water Shortage Contingency Plan, they sole -source awarded her the development of their 2015 Waster System Master Plan and Sewer System Master Plans. Ms. Dutton served as the Principal -in -Charge for the preparation of the master plans and subsequent implementation of the Capital Improvement Plan. She is currently preparing several Water Supply Assessments for the City. • Valley of the Moon Water District. Water Resources Support. Ms. Dutton oversaw development of Valley of the Moon Water District's 2015 and 2020 UWMPs and a significant Water Supply Assessment. In addition, she has been supporting the District's successful pursuit of grant funds, its analysis pf supplemental water supplies, and its development of an Aquifer Storage and Recovery (ASR) program. Ms. Dutton also oversaw the installation of a municipal groundwater production well and rehabilitation of an idled water treatment system. Work included project management, development of revised below and above ground technical specifications and oversight during construction and permitting support. • City of Burlingame. Water System Master Plan. San Mateo County, CA. Water Resources. Ms. Dutton completed a groundwater supply evaluation as part of the Water System Master Plan for the City of Burlingame's potable water distribution system. As part of this evaluation, Ms. Dutton identified that recent research placed the City at the southern end of the Westside Groundwater Basin, rather than the northern side of the San Mateo Plain Aquifer, as originally believed. Ms. Dutton reviewed the groundwater models prepared for the basin, estimated sustainable groundwater yield for the City, and prepared preliminary estimates of anticipated groundwater extraction rates from individual production wells based upon the known hydrogeology. In addition, Ms. Dutton planned and orchestrated a pump test at one of the City's production wells to confirm aquifer properties for 4-5 Anona L. Dutton, PG, CHG eki purposes of estimating groundwater yield. Ms. Dutton oversaw the development of the City's 2015 and 2020 UWMPs. She is currently preparing several Water Supply Assessments for the City. • Successful Grant Development and Administration Efforts. Multiple Agencies. Ms. Dutton has led the successful development of multiple grant proposals to secure millions of dollars for her clients for water resources projects, including for Wetlands. She has a successful track record of winning and implementing grant programs for Department of Water Resources (DWR) Proposition 84 Integrated Water Management Planning (IRWMP) (more than $6.5M), Proposition 1 IRWMP ($0.65M), Proposition 1 Sustainable Groundwater Management (SGM) (more than $2.6M), Proposition 68 SGM (more than $3M), DWR Drought Funding ($93M), and State Water Resources Control Board (SWRCB) Recycled Water Grants. Grant development efforts include development of detailed project descriptions, costs, and scheduling. She has also overseen successful administration of several different grants, including the development of grant -required quarterly reports and deliverables. 5-5 ekienvironment & water Tina Wang, PE Water Resources Engineer Ms. Wang has over eight years of experience in water resources engineering. Her project experience includes supporting public and private sector clients with water supply and recycled water feasiblity assessments, water and sewer master plans, Sustainable Groundwater Management Act (SGMA) implementation, Urban Water Management Plans, water conservation plans, as well as conducting supply reliability assessments. She has also provided technical support on water system permitting, water right evaluations, and water transfers. Relevant Experience • Multiple Water Suppliers, Urban Water Management Plan Updates. California. Project Engineer. Ms. Wang was the project manager and technical lead for the development of 2020 UWMPs and Water Shortage Contingency Plans (WSCPs) for various water suppliers in the San Francisco Bay area and the Central Valley. The documents serve as updates for the 2015 UWMPs and WSCPs and required significant new contents as a result of the Making Water Conservation a California Way of Life legislation. Ms. Wang managed future demand analyses and reliability assessments of purchased water and recycled water supplies. Ms. Wang also led evaluation of historical drought response data and the design of Education • M.S., Civil and Environmental Engineering, Stanford University, 2014 • B.S., Environmental Engineering, Economics, Northwestern University, 2012 Registrations/Certifications both consumer and agency actions within each WSCP stage. As part of the process, she applied EKI's spreadsheet model (Drought • Response Tool) to quantitatively assess effectiveness of the drought response actions. Professional Civil Engineer, CA (C #85789) 40-hour OSHA HAZWOPER Training Course • Multiple Water Suppliers, Water Supply Assessments (WSAs). San Francisco Bay Area, CA. Project Engineer. Ms. Wang was the project engineer for the preparation of Senate Bill 610-compliant Water Supply Assessments (WSAs) for various San Francisco Bay Area developments as well as planning updates. Several Water Supply assessments were prepared as support document to the development of Environmental Impact Reports. The projects include a variety of land uses, including residential, office/R&D, hotel, transit center, and other commercial uses. Using historical water use data from similar land uses, Ms. Wang compared and cross-checked methodologies developed based on literature, codes, and ordinances. Using a water demand estimation method that incorporates project details in land use, population, and conservation efforts, Ms. Wang provided evaluations of the projects' future water demand and its supply and demand implications during normal and dry periods. • Bay Area Water Supply and Conservation Agency (BAWSCA), Strategic Planning and Water Supply Reliability Evaluation. San Francisco Bay Area, CA. Project Engineer. EKI is supporting the development of the BAWSCA's regional water supply reliability model, which aims to provide a comprehensive 1-3 Tina Wang, PE eki assessment of spatial -temporal water supply conditions and constraints that incorporates all water supplies and demands of BAWSCA member agencies. As a project engineer, Ms. Wang assisted in the development of modeling schematics, key assumptions, and performance measurements. The challenge of this process is to develop a unified approach to represent the various regional and local water sources available to BAWSCA member agencies. As part of this effort, Ms. Wang conducted data gathering and reviewed regional models to identify policy and physical constraints, as well as assisted in developing a framework of model operating rules. • Multiple Water Suppliers, Development of EKI's Drought Response Tool. California -wide. Project Engineer. Ms. Wang supported development of EKI's Drought Response Tool (DRT), an Excel -based spreadsheet model used by over 80 California water agencies to facilitate rapid response to drought conditions and for WSCP drought planning in 2015 and 2020. The DRT is used to help agencies identify water savings opportunities, by customer sector and major end -use, and to quantify and compare the potential water savings benefits of implementing various suites of drought response actions. As a project engineer, Ms. Wang compiled numerous water conservation studies in urban settings and developed the drought response evaluation module. The module helps quantify potential water use reduction of various water conservation measures for each of the retail agencies based on an end use water savings methodology. The DRT is a uniquely efficient way of meeting the new 2020 WSCP requirement for quantifying water shortage measure effectiveness (CWC § 10632 (a) (4)(E)). Agencies have utilized the DRT to respond to the 2012-2016 historical drought as well as to develop and their WSCPs as a part of the 2015 and 2020 UWMP development processes. • Coastside County Water District. On -Call Water System Hydraulic Modeling. Half Moon Bay, CA. Ms. Wang is the project engineer for updating Coastside County Water District's existing hydraulic model and performing on -call modeling analyses. She conducted modeling analysis to evaluate the installation of new PRVs to create a new pressure zone, abandonment of an existing storage tank and required pump station modifications; and operating another storage tank at a lower maximum level based on a seismic evaluation recommendation. Ms. Wang has also performed an extended period simulation (EPS) model calibration and an evaluation of a new proposed booster station. • City of Burlingame, Water Strategy and Supply Management. Burlingame, CA. Project Engineer. EKI is providing on -going services related to water strategy and water supply management to the City of Burlingame. As a project engineer, Ms. Wang has managed City production data and assisted the City with water conservation planning, annual reporting to the BAWSCA, compliance tracking towards the SWRCB-mandated conservation target monitoring, as well as reporting of monthly Residential Gallons per Capita per Day (R-GPCD) to the water board. • City of East Palo Alto, Water Strategy and Transfer Evaluation. East Palo Alto, CA. Project Engineer. EKI managed the development and implementation of a comprehensive water strategy to address the water shortage crisis within the City of East Palo Alto, which is a Disadvantaged Community. As part of this effort, Ms. Wang supported the City in negotiating a water transfer agreement for the first - ever transfer of Individual Supply Guarantee (ISG) within the San Francisco Regional Water System. • Marina Coast Water District (MCWD). SGMA Implementation Support. Marina, CA. Project Manager. Ms. Wang was the project manager and engineer for development of MCWD's Groundwater 2-3 Tina Wang, PE eki Sustainability Plan (GSP) within the Monterey Subbasin, which was adopted by MCWD and submitted to the California Department of Water Resources (DWR) in January 2022. As part of the process, Ms. Wang supported MCWD in securing grant funding, including preparation of detailed scope of work, budget estimate, project timelines; and assisted MCWD in grant implementation such as managing project budget and schedule according to the grant agreement, submitting grant invoices for disbursement of funds, and completing grant -required deliverables. One of the challenges of this GSP is to co-author a single document for the entire basin in close collaboration with another GSA. As part of this process, Ms. Wang supported coordination between GSAs by negotiating coordination agreements, developing a coordinated work process, organizing regular staff and committee meetings, and peer reviewing work products. She is also supporting stakeholder engagement by providing regular GSP updates via workshops and converse with key stakeholders during one-on-one meetings. • City of Lathrop. Integrated Water Resources Master Plan. Lathrop, CA. Project Engineer. Ms. Wang was the project engineer for preparation of the City of Lathrop's Wastewater System Master Plan, as part of the City's integrated master planning process involving water, sewer, and recycled water systems. Ms. Wang updated the City's infrastructure and land use GIS databases, evaluated the City's wastewater flow projections, and developed new GIS-integrated hydraulic models for the wastewater system. Based on her analysis of system performance through hydraulic modeling, Ms. Wang developed capital improvement program to upgrade the City's sewer system. Ms. Wang also led the effort of updating the City's 2015 Urban Water Management Plan, which includes an evaluation of the City's future water supply and reliability, as well as conservation efforts. • Marina Coast Water District, Recycled Water Feasibility Study. Marina, CA. Project Engineer. EKI has conducted a feasibility study of indirect potable reuse alternatives through groundwater recharge and replenishment on behalf of MCWD. The study evaluated the physical, hydrogeologic, engineering, cost -related, and regulatory factors for a range of potential alternatives. As project engineer, Ms. Wang supported development of the hydrogeologic conceptual model that served as the foundation of the local groundwater model, as well as development of cost estimates and engineering evaluation of project alternatives. Presentations and Publications WaterSmart Innovations 2016 Conference, Las Vegas, NV (1012016), Think Fast: Planning Ahead for Rapid Drought Response. 2018 San Francisco Sustainable Development & Environmental Protection International Conference, Burlingame, CA (912018), Defining Sustainability under the Sustainable Groundwater Management Act. 3-3 eki environment & water Drew Bost Environmental Scientist Drew Bost provides technical support on a broad range of water resource projects. He has extensive experience with geospatial analysis, data processing, and drafting reports. His educational background in environmental science combined with his skills in numerical modeling, cartographic design and data analysis with ArcGIS, data processing with Python and R, and groundwater management make Drew a strong asset on water resources projects including Urban Water Management Plans (UWMPs), water demand and conservation planning, and Sustainable Groundwater Management Act (SGMA) implementation. Prior to joining EKI, Mr. Bost worked as a researcher and field technician for Humboldt State University assessing patterns of canopy decline in northern California using a combination of remote sensing, vegetation cover and field data. Relevant Experience ONE WATER PLANNING • Bay Area Water Supply & Conservation Agency (BAWSCA), Water Supply Reliability Roundtable Workshops. San Francisco Bay Area. Environmental Scientist. Mr. Bost helped facilitate and develop materials for BAWSCA's Water Supply Reliability Roundtable series designed to discuss regional water supply reliability and options to enhance water supply sustainability through identification of collaborative opportunities to support, finance, permit/approve, and/or expand projects or programs that have the potential to offer multiple benefits. He helped prepare presentation materials and project information forms and facilitated discussion sessions during workshops involving multiple stakeholders. WATER SUPPLY ASSESSMENTS • California Water Service (Cal Water), Water Supply Assessments. Various Cal Water districts. Mr. Bost helped prepare Senate Bill (SB) 610-compliant Water Supply Assessments (WSAs) for Cal Water for projects within multiple districts, including Dominguez, South San Francisco, Mid -Peninsula, Salinas, Chico -Hamilton City, and Willows districts. He helped develop water demand projections for the proposed projects and overall water districts using Cal Water -specific models, evaluated available district water supplies under various levels of hydrologic conditions and identified the potential impacts to district supply availability that may result from implementation of the proposed projects. He also Education • M.S., Biology, Humboldt State University, 2018 • B.S., Environmental Science (Ecological Restoration), Humboldt State University • Online Geospatial Certificate Program, Humboldt State University 04 1-2 Drew Bost eki drafted informative graphics and tables based on the gathered information. The WSAs developed for Cal Water serve as robust assessments of the sufficiency of water supplies to meet all future demands within each district's service area. URBAN WATER MANAGEMENT PLANNING (UWMP) • Sonoma-Marin Saving Water Partnership, 2020 Water Demand Analysis and Water Conservation Measure Update. Sonoma and Marin County, CA. Environmental Scientist. Mr. Bost is currently helping to develop water demand projections and evaluate water conservation programs and opportunities for nine Sonoma and Marin County water agencies (i.e., the Sonoma-Marin Saving Water Partnership: Valley of the Moon Water District, Marin Municipal Water District, North Marin Water District, and the Cities of Santa Rosa, Petaluma, Rohnert Park, Cotati, Sonoma and Windsor) in support of their 2020 UWMPs and other planning efforts. As part of this project, he helped compile and analyze water use and demographic data to produce representative graphics and tables, develop water demand factors and growth rates representative of different land use sectors and water use periods and produce water demand projections for all nine agencies. • Multiple Water Suppliers, UWMP Updates. San Francisco Bay Area, CA. Environmental Scientist. Mr. Bost supported the development of 2020 UWMPs for various water suppliers in the San Francisco Bay Area, including Valley of the Moon Water District, North Marin Water District, Marin Municipal Water District, Westborough Water District and the cities of Sonoma, Burlingame, East Palo Alto, and Foster City. These documents serve as updates to agencies' 2015 UWMPs and revise the content as per the requirements outlined by the Department of Water Resources' (DWR's) 2020 UWMP guidelines. As part of that effort, Mr. Bost compiled historical water use information, projected future demands based on population growth and water conservation assumptions, and assessed the agencies' development of additional water supplies. He evaluated the agencies' progress toward reaching their targeted reductions as per SB X7-7 and their State Water Resources Control Board (SWRCB)-mandated water conservation target, as well as demand management measures as they relate to supply reliability and demographic projections going forward. Presentations and Publications Bost, D.S. (2021), Targeting Future Conservation Efforts in Marin County, CA. WaterSmart Innovations 2021 Conference, Las Vegas, NV. Bost, D.S., Reilly, M.J., Jules, Erik S., DeSiervo, M.H., Yang, Z., Butz, R.J. (2019), Assessing spatial and temporal patterns of canopy decline across a diverse montane landscape in the Klamath Mountains, CA, USA using a 30-year Landsat time series. Landscape Ecology. 34, 2599-2614. DeSiervo, M.H., Jules, E.S., Bost, D.S., De Stigter, E.L., Butz, R.J. (2018), Patterns and Drivers of Recent Tree Mortality in Diverse Conifer Forests of the Klamath Mountains, CA. April 2018. Forest Science, 64(4), 371-382. 2-2 BUR— IN�AAGENDA NO: 81 STAFF REPORT MEETING DATE: March 20, 2023 To: Honorable Mayor and City Council Date: March 20, 2023 From: Sigalle Michael, Sustainability Program Manager Subject: Authorize the Mayor to Send a Letter in Support of SB 511 (Blakespear) Related to Greenhouse Gas Emission Inventories RECOMMENDATION Staff recommends that the City Council authorize the Mayor to send a letter to State Senator Catherine Blakespear in support of SB 511, which would direct the California Air Resources Board (CARB) to prepare and provide greenhouse gas (GHG) emission inventories to local governments for their use in preparing climate actions plans and identifying opportunities to reduce GHG emissions. BACKGROUND AND DISCUSSION SB 511 is sponsored by CivicWell (formerly the Local Government Commission) and by the County of Contra Costa. CivicWell has prepared a template support letter and reached out to local governments to encourage them to submit a letter of support for the bill. DISCUSSION SB 511 proposes to fill a significant gap in work done by local governments to address climate change. While some local governments and regional agencies have the resources to prepare GHG emission inventories, the vast majority of local governments do not. In Burlingame, staff relies on San Mateo County to prepare the City's GHG inventory. The inventories require significant labor and tend to be slowed down by data accessibility challenges and changing methodologies. Currently, staff is waiting for Burlingame's 2020 inventory. A standard and reliable GHG inventory provided by the state and comparable across all local governments would provide a much -needed resource to local governments. FISCAL IMPACT There is no fiscal impact associated with sending this letter. Exhibit: Draft letter 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 20, 2023 The Honorable Catherine Blakespear Senate District 38 State Capitol Sacramento, CA 95814 RE: SB 511 (Blakespear) Greenhouse Gas Emissions Inventories Dear Senator Blakespear: On behalf of the City of Burlingame City Council, I write to express support for your Senate Bill 511, which would direct the California Air Resources Board to prepare greenhouse gas (GHG) emission inventories for use by local governments in preparing climate action plans and prioritizing resources to reduce emissions. SB 511 would fill a significant gap in the work done by local governments to address climate change. The vast majority of local governments in the state do not have the resources to prepare GHG emission inventories. This bill, with a $2.5 million appropriation, would provide consistent and equitable data to local governments for their climate action planning. SB 511 would ensure comprehensive coverage across the state, data and methodology consistency, visibility into progress, and equitable access to emissions data. For these reasons, we extend our support for SB 511 and appreciate your leadership in advancing the opportunity for local governments to develop data -based climate action plans to help reduce GHG emissions. Respectfully, Michael Brownrigg Mayor c: State Senator Josh Becker Assemblymember Diane Papan 0 Register online with the City of Burlingame to receive regular City updates at www.burlingame.orq/enews. ❑ To Date: From: STAFF REPORT Honorable Mayor and City Council March 20, 2023 AGENDA NO: 9a MEETING DATE: March 20, 2023 Syed Murtuza, Director of Public Works — (650) 558-7230 Subject: Adoption of a Resolution Approving the Vacation of a Ten -Foot -Wide Public Utility Easement at 1669 and 1699 Old Bayshore Highway and a Five -Foot - Wide Public Utility Easement at 821 Malcom Road RECOMMENDATION Staff recommends that the City Council hold a public hearing regarding the proposed utility easement vacation, and at the conclusion of the public hearing, adopt the attached resolution approving the vacation of a ten -foot -wide public utility easement at 1669 and 1699 Old Bayshore Highway and a five -foot -wide public utility easement at 821 Malcom Road. BACKGROUND There are public utility easements (PUEs) located within the private property of 1669 and 1699 Old Bayshore Highway and 821 Malcolm Road. The PUEs were offered for dedication and accepted by the City as shown in the East Millsdale Industrial Park Unit No. 2 Subdivision Map as filed with San Mateo County on August 3, 1959 in Volume 52 of Maps at pages 4, 5 and 6. The PUEs allow the City and other utility companies the right to maintain, operate, replace, remove, or renew public utility facilities. The developer of the property has requested to vacate the easements in preparation for a lot combination to construct two multi -story buildings involving an office/research and development project, with new improvements extending over the easements. The City is authorized to vacate the PUEs pursuant to the Streets and Highway Code Chapter 3, Section 8300. Per the code, the PUEs may be vacated through a process in which the City shall administratively set a public hearing, publish the notice in a local newspaper, and post the notices at the affected site. The public hearing notice was published for at least two successive weeks prior to the public hearing, and at least three copies of the public notice were posted in the vicinity of the public utility easements to be vacated. Streets and Highways Code Sections 8320-8325 outlines the procedure for a general vacation of PUEs. Per the codes, a resolution is needed to approve the vacation, as well as notification of this request to all entities who may have an interest in the easement. The property owner has satisfied this request and has received letters acknowledging the request from PG&E, AT&T, and Comcast. Copies of the letters are included in the exhibits. 1 Resolution Approving the Vacation of Two PUEs at March 20, 2023 1669 and 1699 Old Bayshore Highway and 821 Malcolm Road To date, no private or public utilities are located within the PUEs, and to staff's knowledge there are no future plans for private or public utilities in the PUEs. The proposed PUEs for vacation are shown in the attached exhibit prepared by the developer's engineer (Boundary Exhibit Plan & PUE Overlay). Furthermore, the ten -foot -wide and 5-foot-wide public utility easements have no existing City facilities. The exhibit has been reviewed by the City's surveyor and found to be technically correct. Additionally, staff did not receive any letters of protest. Therefore, following the procedures set forth in the Streets and Highways Code Section 8300, staff has no objections to the vacation of the PUEs. FISCAL IMPACT This action will not create any new financial responsibility and may relieve the City of future maintenance costs. Funding for staff time to process the abandonment request is covered by the developer pass through account that was set up when the owner requested the vacation of easements. Exhibits: • Resolution • Boundary Exhibit Plan & PUE Overlay (Resolution Exhibits A-1 & A-2) • Letters of Consent from Utility Companies 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME VACATING A TEN -FOOT -WIDE PUBLIC UTILITY EASEMENT AT 1669 AND 1699 OLD BAYSHORE HIGHWAY AND A FIVE -FOOT -WIDE PUBLIC UTILITY EASEMENT AT 821 MALCOLM ROAD WHEREAS, the City of Burlingame, pursuant to Streets and Highways Code Section 8300, et seq. is authorized to vacate public utility easements; and WHEREAS, the ten -foot -wide public utility easement at 1669 and 1699 Old Bayshore Highway and five -foot -wide public utility easement at 821 Malcolm Road, more particularly described in Exhibit A attached hereto, is not needed for present or prospective public use; and WHEREAS, the ten -foot -wide and 5-foot-wide public utility easements have no existing City facilities; and WHEREAS, Comcast, Pacific Gas and Electric, and AT&T have no objection to the vacation of that certain ten -foot -wide and five -foot -wide public utility easements; and WHEREAS, a Notice of Public Hearing to consider the vacation of public utility easements was published for at least two successive weeks prior to the public hearing in a newspaper that is published in the City of Burlingame and is designated for such notices, and at least three copies of the public notice were posted in the vicinity of the public utility easements to be vacated, pursuant to Section 8322 and 8323 of the Streets and Highways Code; and WHEREAS, on March 20, 2023, the City Council held a hearing on the proposed vacation of public utility easements and heard evidence and testimony for all persons interested. NOW, THEREFORE, BE IT RESOLVED: 1. Vacation of the ten -foot -wide and five-foot wide public utility easements are in conformity with Sections 8320 et seq. of the Streets and Highways Code. 2. The City Council finds, from all the evidence submitted, that the ten -foot -wide and five- foot -wide public utility easements described in the notice of hearing are unnecessary for present or prospective public or purpose. 3. The City Council hereby vacates the ten -foot -wide and five -foot -wide public utility easements, as more particularly described in Exhibits A-1 & A-2 (Boundary Exhibit Plan and PUE Overlay). 4. The City Council hereby authorizes and directs the City Clerk to record a certified copy of this resolution, attested by the City Clerk under seal, with the San Mateo County Recorder's Office. 5. Commencing with the date of recording of this resolution, the ten -foot -wide and five -foot - wide public utility easements shall no longer be a public utility easement. 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 20t" day of March 2023, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Meaghan Hassel Shearer, City Clerk 0 0 U O O / N H W W S (n / 0 z W / T N V) J E v m v 0 aJ 0 U v 00 N 0 N N O N 0 J N IL N 2458..00' L=215.40''������� �L5°01'1= A---89°40'26" R=20.00' ' L=31.30' 5' SIDE 5' PRIVATE SDE 44 PM 14 TO BE VACATED BY SEPARATE INTSTRUMENT �o 10 N I w 4 / r LANDS OF KING BAYSHORE OWNER LLC LANDS OF TERRAPIN Iz O.R. 2021-074808 BURLINGAME INVESTMENT LLC & 810 MALCOLM ROAD ' GRM HISF LLC 71,370 SF O.R. 2015-031153 1799 OLD BAYSHORE HIGHWAY APN: 026-301-180 I IM csj ao N u7 'o z 2' AE 52 RSM 5 10' PUE TO SEE NOTE 2 REMAIN 20 AE 10' PUE REMAIN �EERSIOTO 2 L 5' PUE ������E�T�2 N49°28'09"W 235.06' r 5' WCE I 52 RSM 5 I SEE NOTE 2 LEGEND PROPERTY LINE EASEMENT LINE EASEMENT TO BE VACATED PORTION OF PUE TO BE VACATED EXHIBIT A-1 LANDS OF MONFREDINI PROPERTIES LLC 2000-055710 820 MALCOLM ROAD LANDS OF MONFREDINI PROPERTIES LLC 2000-055710 820 MALCOLM ROAD zi O 1\i1A/ I r O 11\i1 R OA D 1. ALL PARCELS WITHIN THE PROPOSED DEVELOPMENT AREA TO BE MERGED. 2. MAP ENTITLED "EAST MILLSDALE INDUSTRIAL PARK UNIT NO. 2 BURLINGAME". FILED AUGUST 3, 1959, IN VOLUME 52 OF MAPS, AT PAGES 4 TO 6 INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF SAN MATEO COUNTY, STATE OF CALIFORNIA. ABBREVIATIONS AE ANCHOR EASEMENT APN ASSESSOR'S PARCEL NUMBER PUE PUBLIC UTILITY EASEMENT RSM RECORDED SUBDIVISION MAP OR OF RECORD SIDE STORM DRAIN EASEMENT R RADIUS L LENGTH WCE WIRE CLEARANCE EASEMENT OLD BAYSHORE HIGHWAY A=3'09f266' R=2458.00' L=135.44' 41�A=92°32'09" LANDS OF KIN R=20.00' BAYSHORE OWNER LLC L=32.30' TRACT TWO, PARCEL TWO _ 2021-072582 —�— 3,509SF LOT LINE TO BE REMOVED LOT LINE TO BE REMOVED LANDS OF KING BAYSHORE OWNER LLC TRACT TWO, PARCEL ONE 2021-072582 48,969 SF �00 PN: 026-302-55 N w I Ib Iz 0 0 J I 19.21' LOT LINE TO BE REMOVED �`BE REMOVED 52 RSM 5 Glum an 4M am 6000sawmewma no am am a N43-46 3=), w 218.14' A---84°18'25" R=20.00' L= 29.43' ' LANDS OF KING BAYSHORE OWNER LLC TRACT ONE 2021-072582 U� 52,893 SF PN: 026-302-53 w' u7 r M O z N49°28'097 155.06' I I LANDS OF NEVIN I REAL ESTATE HOLDINGS LLC O.R. 2019-084448 810 STANTON ROAD 100 rn �w I 0 z E 2 PORTION OF 10' PUE TO 10' PUE TO BE BE VACATED ' REMAIN w U-) LANDS OF ULRICH I I I 2003-212739 5' PUE 0 821 MALCOLM ROAD 5' PUEl-452 RSM 5 Z 21,000 SF 52 RSM 5 SEE NOTE 2 SEE NOTE 2 PN: 026-302-40 I 5' PUE TO I I REMAIN I LID ' �I I ' LOT LINE TO I I '*z I I BE REMOVED I I 5' WCE I I 52 RSM 5 r I I I I 15' WCE —52 RSM 5 I 5' WCE TO I I I I I SEE NOTE 2 REMAIN N49°28'09"W 175.07' 827 j\i]A/ I r O I I\il R Ord D LANDS OF RIBI O.R. 2014-43848 810 STANTON ROAD LANDS OF RIBI O.R. 2014-43848 820 STANTON ROAD C) Q 0 H Q H cn 4670 WILLOW ROAD SUITE 250 PLEASANTON, CA 94588 (925) 396-7700 www.bkf.com CONSULTANTS CIVIL BKF ENGINEERS 150 CALIFORNIA STREET, SUITE 600 SAN FRANCISCO, CA 94111 STRUCTURAL NABIH YOUSSEF 550 SOUTH HOPE STREET, SUITE 1700 LOS ANGELES CALIFORNIA 90071 MEP MEYERS+ ENGINEERS 98 BATTERY STREET, SUITE 500 SAN FRANCISCO CA 94111 LANDSCAPING SWA GROUP 530 BUSH STREET,6TH FLOOR SAN FRANCISCO, CA 94108 GARAGE WATRY DESIGN INC 2099 GATEWAY PLACE, SUITE 550 SAN JOSE, CA 95110 OWNER KING STREET PROPERTIES 800 BOYLSTON STREET, SUITE 1570 BOSTON, MA 02199 HELIOS REAL ESTATE PARTNERS 44 MONTGOMERY ST, 3RD FLOOR SAN FRANCISCO,CA 94104 QttOFESS/0r� A. GIRD lacy No. 59903 m LID,CIVIC. 9TF OF CA��EO� Date Signed: 1012812022 PROJECT KSP KING STREET PROPERTIES 800 BOYLSTON STREET, SUITE 1570 BOSTON, MA 02199 N N 0 N 00 O NHELIOS REAL ESTATE PARTNERS U o HELIOS REAL ESTATE 0 PARTNERS r 44 MONTGOMERY ST, 3RD U- FLOOR � SAN FRANCISCO,CA 94104 cn KEYPLAN ISSUE CHART FMARKE ISSUE DATE Job Number 20210142 TITLE BOUNDARY DISPOSITION PLAN SHEET NUMBER w a• zLdM zw F- ¢oo af J J 0 d d BOUNDARY DISPOSITION PLAN C2,0 © 2021 Perkins and Will LEGEND F- Z) 0 U 0 0 11-1 V) H w w V) / 0 Z w T a� J E v m v v 0 aJ 0 U v 0 I N 0 N N O N 0 J N a- N U_ Y ,c il� IIJ a.� Zwm ZI-W Qoo IY J J 0 d d ■ I LI I I I ❑ 10 0 Co V ♦ Ell - _ I I I ❑ 3�3- � - _ I ' ---- i- - - - - - - - - - ---------- - - _ 3 3`3 WI --- ------ 3 Z I -----___ --- 10"WATER 3�3 o ❑ V 3 00❑ EE- ~ �- EX FH OLD BAYSHORE HIGHWAY----------------- E E ELEC E�EE I GG G G G G D ------ �c �oI o - _ _ �/ ►� i IIII Qo I I m -9 0 CB Ln -4 S ViA13 DAD 12I N cn .01 ° ° I caEX FH m °oos o RIM 810 (:WAINV. 16.10 - - - -1-5 LF 2SD 9 I ^I s9 9 40 44 LF 6 SD - � I I ---- D S=1.3 % - - I S LF RIM 5810 I V. 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W-1809/C9.4) ❑® STORM DRAIN INLET (SDDI) O SANITARY SEWER MANHOLE (SSMH) O STORM DRAIN MANHOLE (SDMH) ® STORM DRAIN AREA DRAIN (SDAD, DETAIL 11 /C9.1) DRAINAGE BUBBLER (DB, DETAIL 3/C9.0) pB O CLEAN OUT (PER DETAIL 10/C9.1) ® STORM DRAIN OVERFLOW (PER DETAILS 1 AND 2/C9.1) CV 9 CONTROL VALVE (CV) PIV POST INDICATOR VALVE (PIV) Ill FIRE DEPARTMENT CONNECTION (FDC) KEYNOTES O1 POINT OF CONNECTION, SEE PLUMBING DRAWINGS FOR CONTINUATION O2 POINT OF CONNECTION, SEE LANDSCAPE DRAWINGS FOR CONTINUATION O3 TRENCH DRAIN PER DETAIL 15/C9.1 O OMNI C2 WATER METER PER DETAIL W-1779/C9.4 O5 FIRE DOUBLE DETECTOR CHECK VALVE PER DETAIL W-2780/C9.4 O6 1" RPA IRRIGATION BACKFLOW PREVENTER MODEL FEBCO LF825YA O7 FIRE HYDRANT PER CITY STANDARD DWG. W-2610/C9.4 OS DRAINAGE BUBBLER PER DETAIL 3/C9.0 O9 PIV AND FDC PER DETAIL 12/C9.1 10 PUBLIC SANITARY SEWER MANHOLE PER CITY STANDARD DWG SS-3/C9.3 11 PUBLIC SEWER LATERAL CONNECTION PER CITY STANDARD DWG. SS-1/C9.3 12 SIDEWALK UNDERDRAIN PER DETAIL 6/C9.2 13 PUBLIC SANITARY SEWER CLEANOUT PER DETAIL SS-1 /C9.3 NOTES 1. ALL STORM DRAIN INLETS SHALL BE LABELED "NO DUMPINGI FLOWS TO BAY." 2. ALL UTILITY CLEARANCES SHALL MEET CITY OF BURLINGAME STANDARDS. 3. DOMESTIC AND IRRIGATION WATER PIPE SHALL BE PUBLIC UP TO METER ON SITE. 4. INSTALL GRAVITY FLOW UTILITIES FROM DOWNSTREAM CONNECTION POINT TO UPSTREAM TERMINUS. CONTRACTOR SHALL POTHOLE ALL CONNECTIONS TO EXISTING GRAVITY UTILITIES PRIOR TO INSTALLATION OF IMPROVEMENTS. CONTRACTOR SHALL NOTIFY THE ENGINEER IF ACTUAL INVERT DIFFERS FROM WHAT IS SHOWN ON PLAN. 5. CONSTRUCT THRUST BLOCKS PER CITY OF BURLINGAME STANDARD DWG. W-1810. 6. UTILITY TRENCH WITHIIN PUBLIC RIGHT OF WAY PER CITY CITY OF BURLINGAME STANDARD DWG. G-10. 7. WATER LINE SIZES SHOWN FOR REFERENCE. DOMESTIC AND FIRE WATER SERVICES TO BUILDING ARE SIZED PER PLUMBING DRAWINGS. FINAL FIRE WATER SERVICE IS TO BE CONFIRMED BY A LICENSED FIRE PROTECTION CONSULTANT PRIOR TO INSTALLATION. IRRIGATION LINES SHALL BE SIZED PER IRRIGATION DRAWINGS. 8. ALL NEW SEWER AND STORM DRAIN LINES, FOR THE NON -ACTIVE POC'S, MUST BE CAPPED AND CONFIRMED/INSPECTED ON TO CONFIRM NO ILLEGAL DISCHARGE PIPING MATERIAL SCHEDULE UTILITY PIPE MATERIAL PUBLIC STORM DRAIN 12 IN DIAMETER OR GREATER REINFORCED CONCRETE PIPE RCP CLASS V PUBLIC SANITARY SEWER LESS THAN 12 IN DIAMETER PVC SDR 26 PUBLIC WATER LATERAL COPPER PIPE PER ASTM B88, TYPE K PRIVATE STORM DRAIN LESS THAN 12" IN DIAMETER PVC SDR 26 PRIVATE STORM DRAIN GREATER THAN 12" IN DIAMETER HDPE PRIVATE SANITARY SEWER LESS THAN 12" IN DIAMETER PVC SDR 26 PRIVATE WATER LESS THAN 4" DIAMETER PVC SCHEDULE 40 PRIVATE WATER 4" DIAMETER GREATER AWWA C900 DR 14 CLASS 200 PVC *ALL UTILITIES WITHIN THE RIGHT-OF-WAY SHALL BE PER CITY OF BURLINGAME STANDARDS. 4670 WILLOW ROAD SUITE 250 PLEASANTON, CA 94588 (925) 396-7700 www.bkf.com CONSULTANTS CIVIL BKF ENGINEERS 150 CALIFORNIA STREET, SUITE 600 SAN FRANCISCO, CA 94111 STRUCTURAL NABIH YOUSSEF 550 SOUTH HOPE STREET, SUITE 1700 LOS ANGELES CALIFORNIA 90071 MEP MEYERS+ ENGINEERS 98 BATTERY STREET, SUITE 500 SAN FRANCISCO CA 94111 LANDSCAPING SWA GROUP 530 BUSH STREET,6TH FLOOR SAN FRANCISCO, CA 94108 GARAGE WATRY DESIGN INC 2099 GATEWAY PLACE, SUITE 550 SAN JOSE, CA 95110 OWNER KING STREET PROPERTIES 800 BOYLSTON STREET, SUITE 1570 BOSTON, MA 02199 HELIOS REAL ESTATE PARTNERS 44 MONTGOMERY ST, 3RD FLOOR SAN FRANCISCO,CA 94104 -tOFESS/_,,! 11 lacy W No. 59 03 m * . _ J,gTR OFIVCA�` Date Signed: 812022 PROJECT KSP KING STREET PROPERTIES 800 BOYLSTON STREET, SUITE 1570 BOSTON, MA 02199 N CV O N 00 HELIOS REAL ESTATE PARTNERS U o HELIOS REAL ESTATE � PARTNERS r 44 MONTGOMERY ST, 3RD U_ FLOOR � SAN FRANCISCO,CA 94104 cn KEYPLAN ISSUE CHART FMARKE ISSUE DATE Job Number 20210142 TITLE UTILITY PLAN (SOUTH) SHEET NUMBER CM © 2021 Perkins and Will 1." Pacific Gas and Electric Company' February 27, 2023 Jon Trumbo PROJ EGT ANAG ER t: 925-269-4575 ext.234 e. Mmbo( radiusjt.com a.146a Maria Lane #420, Walnut Creek, CAg4596 w. wvvw.radiusjt.com Pacific Gas and Electric Company Kevin Wun Land Management San Jose, CA 95113 Re: APPLICATION 123906591 - 1699 Old Bayshore & 821 Malcolm Ave PG&E Easement Quit Claim Request 1699 Old Bayshore & 821 Malcolm Ave Dear Jon: Thank you for giving us the opportunity to review the proposed 10' and 5'public utility easement ("PUE") and 5' wire clearance easement vacations. This is in response to your letter dated September 30,2022, informing PG&E of the proposed PUE/WCE vacations on 1699 Old Bayshore & 821 Malcolm Ave as shown on the attached drawing and below, located in the City of Burlingame, County of San Mateo An investigation indicates that PG&E currently has no utility facilities within the proposed PUE/WCE vacation areas. Therefore, PG&E has no request or objections to the proposed PUE/WCE vacations. If you have any questions regarding our response, please contact me at Kevin.Wun@,pge.com. Sincerely, Kevin Wun Land Management Public Pacific Gas and Electric Compan Y ME c409 ya'Mhl . .� �. �:_�-- � �r Tom_ -- -� ,-�-•� "�= I 91=-\I Fag-,\: - I ' I ' .�, _ I KSP ------------------- I Iaoa�T m--- BillII II HELIOS ' � I I '.•.I I I I RI I � � I fwnrere uw.nncn•sr� i I I I I II II I T 'r e2 Jd4LL,�LW RgAU i I I Y�GIW PG&E Gas and Electric Facilities Page 2 Public tiG COMCAST March 11, 2023 Mr. Andrew Moore King Bayshore Owner LLC 800 Boylston Street # 1570 Boston MA, 02199 RE: Response to PUE Vacation Request—1699-1701 Bayshore Hwy On behalf of Comcast Cable LLC., this letter shall serve as a notice of "no -objection" for the PUE vacation requestion at 1699-1701 Bayshore Highway, Burlingame CA 94101— as per proposed plot plan Helios Real Estate Partners C2.0, job reference # 20210142. Currently Comcast Construction and Engineering has no conflicts on or around the property and approves this request. If you have any questions, please feel free to connect me at 415 859-1188 Sincerely, Arekc/Cipe (eIectronic,5i5nature) AREA CONSTRUCTION MANAGER CALIFORNIA CONSTRUCTION AND ENGINEERING Comcast Cable Corporation I Westbay, SM/Santa Clara County 860 Stanton Road Burlingame, CA 1 94010 0: (650) 259-7008 I M: (415) 859-1188 derek nippe@comcast.com d 1p COMCAST 860 Stanton Road Burlingame, CA 94010 Partial Vacation of Easement Approval City of Burlingame Department of Public Works 501 Primrose Road Burlingame, CA 94010 Permit TBD March 10, 2023 Subject: Request for Utility Approval for the Vacation of a Portion of the Public Utility Easement within the North parcel of the 1699, 1701 Bayshore Highway Project Dear Martin Quan, AT&T has reviewed the public utility easement (PUE) vacation documents for the partial vacation of the PUE located as part of the North Parcel of the 1699, 1701 Bayshore Highway Project East of Malcolm Road and has the following response: No objection to the recording of this partial PUE vacation. No objections to the partial PUE vacation as long as the following conditions are met: Developer to place 1-2" conduit to relocate the service at 810 Stanton Drive. Presently, AT&T has a property serve easement for land rights. Project can be worked under present conditions. Object the recording of this partial PUE vacation for the following reasons: Sincerely, V— u" Roosevelt T George, III AT&T Manager/Designer rR5272@att.com 650-438-0975 BURLR E AGENDA ITEM NO: 9b STAFF REPORT MEETING DATE: March 20, 2023 To: Honorable Mayor and City Council Date: March 20, 2023 From: Scott Spansail, Assistant City Attorney — (650) 558-7204 Kevin Gardiner, Community Development Director — (650) 558-7253 Joseph Sanfilippo, Economic Development & Housing Specialist — (650) 558-7264 Subject: Introduction of an Ordinance of the City of Burlingame Amending Chapter 8.18 of the Burlingame Municipal Code and Establishing a Temporary Ban On Smoking in the Broadway Business Improvement District Through December 31, 2023; CEQA Determination: Exempt Pursuant To State CEQA Guidelines Sections 15378 And 15061(b)(3) RECOMMENDATION Staff recommends that the City Council introduce the proposed Ordinance amending Chapter 8.18 of the Burlingame Municipal Code to create a temporary ban on smoking in the Broadway Business Improvement District through December 31, 2023. Recommended Procedure and Order of Operations: A. Receive the staff report and ask any questions of staff B. Conduct a public hearing. C. Following the public hearing, discuss the proposed Ordinance and determine whether to bring it back for second reading and adoption. If the Council is in favor of the Ordinance, direct the City Clerk to publish a summary of the Ordinance at least five days before its proposed adoption. BACKGROUND The Economic Development Subcommittee of the City Council (consisting of Mayor Brownrigg and Vice Mayor Colson) discussed the possibility of a smoking ban in the commercial districts at their November 17, 2022 meeting, after the idea was proposed by Broadway Business Improvement District (BID) President John Kevranian. Mr. Kevranian explained that he had received many complaints over the years related to smoking on the sidewalk, including increased air pollution and littering. These complaints increased after the introduction of parklets on the street. Mr. Kevranian further explained that the smoking presents challenges to proprietors and employees of Broadway businesses since the 1 Temporary Smoking Ban in the Broadway Commercial District March 20, 2023 smoke enters their workplaces. Mr. Kevranian encouraged education as an enforcement mechanism, given the difficulties of enforcing a ban. Education could include storefront and/or street signage, press releases, and reminders from business owners. During this meeting, the Subcommittee suggested that a ban could be a tool for business owners to guide the public. They also requested a petition of Broadway businesses before recommending the item to the full City Council. Staff visited each Broadway business with a petition, asking whether the respondents would be in favor of a smoking ban in the district. Of the 38 businesses reached, 25 supported a ban, one did not, and 12 declined to comment. At the December 14, 2022 Subcommittee meeting, staff noted potential difficulties with enforcement and suggested a long grace period prior to enforcement, partnered with widespread education. While the November 17 discussion was proposed as a citywide ban, the Subcommittee suggested that the Broadway BID would be prepared to "self -police" during a pilot phase of six months, given that merchants broadly supported it. (The Downtown Business Improvement District Board noted at their December meeting that they did not see a need for the ban Downtown at the time of the discussion.) At the February 6, 2023 City Council meeting, the Council discussed the matter, received public comment, and gave staff direction to proceed with the drafting of an ordinance to prohibit smoking in the Broadway Business District for a pilot period through December 31, 2023. The ordinance as shown in the exhibit is meant to protect public health from second-hand smoke and allow citizens and merchants to educate the public on the pilot. DISCUSSION While smoking is prohibited within 20 feet of public buildings by State law, the ordinance proposed before the City Council is intended to prohibit smoking in front of all street -facing business in the Broadway commercial district. This includes all commercial frontages on side streets (Capuchino, Chula Vista, Laguna, and Paloma). The ordinance proposes the pilot to last approximately eight months, through December 31, 2023. After this pilot phase, the Council can consider whether to make the ordinance permanent, amend it to apply it to other commercial districts within the city, or allow it to expire. When considering the pilot program, it is important to note that the City Council would be using their police power to provide for the public health, safety, and welfare of Burlingame citizens by discouraging the inherently dangerous effects of second-hand cigarette smoke. For that reason, any extension of the program would need to consider applying the ban to other pedestrian -oriented districts in the city, including Burlingame Avenue. FISCAL IMPACT The Subcommittee suggested that, should the City Council support moving forward with an ordinance to introduce a pilot smoking ban in Broadway, some City funds be allocated for "Smoke -free Broadway" signs for merchants to place in their windows. Depending on the nature of the signs, they could be printed on City Hall printers, or sent to a local printer at relatively nominal cost. 2 Temporary Smoking Ban in the Broadway Commercial District March 20, 2023 Exhibits: • Draft Ordinance ORDINANCE NO. AN ORDINANCE OF THE CITY OF BURLINGAME AMENDING CHAPTER 8.18 OF THE BURLINGAME MUNICIPAL CODE AND ESTABLISHING A TEMPORARY BAN ON SMOKING IN THE BROADWAY BUSINESS IMPROVEMENT DISTRICT THROUGH DECEMBER 31, 2023; CEQA DETERMINATION: EXEMPT PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15378 AND 15061(b)(3) WHEREAS, the U.S. Center for Disease Control and Prevention ("CDC") and the U.S. Public Health Service estimates that exposure to secondhand smoke causes an estimated 41,000 deaths each year'; and WHEREAS, the U.S. Environmental Protection Agency ("EPA") has stated that the adverse health effects of second-hand smoke remain the same regardless of whether the exposure occurs indoors or outdoors, and that outdoor secondhand smoke inhalation poses health risks to children2; and WHEREAS, the California Department of Public Health ("CDPH") has found that as of 2019, only 6.9% of Californians currently smoke cigarettes3; and WHEREAS, the Burlingame Municipal Code currently prohibits smoking in various portions of the City, including (but not limited to) buildings, restaurants, sports fields, and within 25 feet of most city -owned parks and facilities; and WHEREAS, in 2019, the City Council adopted Ordinance 1970, which prohibited the sale of flavored tobacco products within City limits; and WHEREAS, the City Council finds it necessary to further regulate smoking within areas of Burlingame with high pedestrian traffic, to protect the 93% of the population who abstain from smoking from secondhand smoke exposure; and WHEREAS, prior to the proposed implementation at multiple higher pedestrian traffic areas, the City Council finds that it is necessary to first implement a smoking prohibition in one district for limited duration, to better determine how to successfully U.S. Department of Health and Human Services. The Health Consequences of Smoking: 50 Years of Progress. A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2014. Printed with corrections, January 2014. 2 U.S. Environmental Protection Agency, Is outdoor exposure to secondhand smoke comparable to indoors? Accessed 10 March 2023. www.epa.gov/indoor-air-quality-iaq/outdoor-exposure-secondhand-smoke- comparable-indoors 3 California Department of Public Health, California Tobacco Control Program. California Tobacco Facts and Figures 2021. Sacramento, CA: California Department of Public Health; November 2021. 1 implement a larger, permanent program for other high pedestrian traffic locations in the City; and WHEREAS, the City Council finds that implementing a temporary smoking prohibition in the Broadway Business Improvement District will provide the necessary data to consider the successful implementation of a permanent smoking prohibition in high pedestrian traffic districts in the City; and WHEREAS, based upon the recitals above, the City Council finds that the proposed amendments to this Chapter are necessary for the protection of public health, safety and welfare. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES ORDAIN AS FOLLOWS: Section 1. The recitals set forth above are true and correct, and are hereby incorporated herein by this reference as if fully set forth in their entirety. Section 2. The City Council hereby finds that the proposed Ordinance is in the public interest. Section 3. The proposed Ordinance is not a project within the meaning of section 15378 of the CEQA Guidelines because it has no potential for resulting in physical change in the environment, either directly or ultimately. In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility of a significant effect on the environment. Section 4. If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion or sections of the Ordinance. The City Council of the City of Burlingame hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional. Section 5. Chapter 8.18 of the Burlingame Municipal Code is amended as reflected in Exhibit A, attached hereto and incorporated herein by reference. Exhibit A generally shows additions with underlined text and deletions with strike Gut to.,+. The Sections of the Chapter which do not include amendments are not shown in this exhibit, and remain unchanged. Section 6. This Ordinance shall go into effect 30 days following its adoption. This Ordinance and amendments shall expire on December 31, 2023, unless extended by the City Council. VA Section 7. The City Clerk is directed to publish this ordinance in a manner required by law. I, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, certify that the foregoing ordinance was introduced at a regular meeting of the City Council held on 20th day of March 2023 and adopted thereafter at a regular meeting of the City Council held on the day of by the following votes: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ATTEST: Meaghan Hassel - Shearer, City Clerk 3 EXHIBIT A Chapter 8.18 — Smoking 8.18.010 Findings and purpose. 8.18.020 Definitions. 8.18.030 Smoking limitations in city -owned or city -controlled facilities and vehicles. 8.18.040 Prohibition of smoking in public places. 8.18.050 Regulation of smoking in places of employment. 8.18.055 Multi -family housing. 8.18.060 Where smoking not regulated. 8.18.070 Posting of signs. 8.18.080 Violations. 8.18.090 Nondiscrimination and prohibition on retaliation. 8.18.100 Tobacco vending machines prohibited except in bars. 8.18.110 Enforcement of Labor Code Section 6404.5. 8.18.120 Sale of flavored tobacco products prohibited. 8.18.020 Definitions. The following words and phrases, whenever used in this chapter, shall be construed as defined in this section: (a) "Bar" means an area which is devoted to the serving of alcoholic beverages for consumption by patrons on the premises and in which the serving of food in that bar area is only incidental to the consumption of such beverages. Although a restaurant may contain a bar, the term "bar" shall not include the restaurant's primary dining area. b) "Broadwav Pedestrian Retail District" means the area within the Broadwav Mixed Use (BRMU) Zoning District, as shown on Figure 1. Lc)(b) "Business" means any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit -making purposes, including retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered. Ld)(E) "Employee" means any person who volunteers his or her services or who is employed by any employer in consideration for direct or indirect monetary wages or profit. (e)(d) "Employer" means any person, partnership, corporation or nonprofit entity who ll employs the services of one or more persons. ff)(e) "Enclosed" means closed in by roof and at least three (3) walls. &(f) "Multi -family housing" means any structure containing two (2) or more contiguous dwelling units that share a wall, floor, or roof. (h)(g) "Nonprofit entity" means any corporation, unincorporated association or other entity created for charitable, educational, political, social or other similar purposes, the net proceeds from the operations of which are committed to the promotion of the objects or purposes of the organization and not to private financial gain. A public agency is a "nonprofit entity" within the meaning of this section. (i)(h) "Place of employment" means any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges and restrooms, conference and class rooms, cafeterias and hallways. M(+) "Public place" means any enclosed area to which the public is invited or in which the public is permitted, including, but not limited to: banks, educational facilities, health facilities, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, rail service establishments, retail stores, theaters and waiting rooms. Public place also means that city -owned or operated property —whether enclosed or open -air —described in Section 8.18.030. (k)(}) "Restaurant" means any coffee shop, cafeteria, sandwich stand, soda fountain, private or public school cafeteria and any other eating establishment, organization, club, boardinghouse or guest house, which gives or offers food for sale to the public, guests, patrons or employees. (1)(k) "Retail tobacco store" means a retail store utilized primarily for the sale of tobacco products and accessories. (m)(1) "Service line" means indoor line at which one or more persons are waiting for or receiving service of any kind, whether or not such service includes the exchange of money. (n)(m) "Smoking" means inhaling, exhaling, burning or carrying any lighted pipe, cigar or cigarette of any kind, or any other combustible substance. 5 (o)(e) "Sports arena" means sports pavilions, gymnasiums, health spas, boxing arenas, swimming pools, athletic fields, roller and ice rinks, bowling alleys and other similar places where members of the public assemble to engage in physical exercise, participate in athletic competition or witness sports events. �0(e) "Tobacco vending machine" means any electronic or mechanical device or appliance the operation of which depends upon the insertion of money, whether in coin or paper currency, or other things representative of value, which dispenses or releases a tobacco product. (Ord. 1344 § 1, (1987); Ord. 1475 §§ 1, 2, (1993); Ord. 1481 § 1, (1993); Ord. 1901 § 1, (2014); Ord. 1919 § 1, (2015)) 8.18.040 Prohibition of smoking in public places. (a) Smoking shall be prohibited in all enclosed public places, including, but not limited to, the following places: (1) Elevators and restrooms; (2) Buses, taxicabs and other means of public transit under the authority of the city of Burlingame; (3) Service lines; (4) Retail stores; (5) Restaurants; (6) All areas available to and customarily used by the general public in all businesses and nonprofit entities patronized by the public, including, but not limited to, business offices, and banks; (7) Public areas of aquariums, libraries and museums when open to the public; (8) Any building not open to the sky which is used primarily for exhibiting any motion picture, stage drama, lecture, musical recital or other similar performance, except when smoking is part of any such production; (9) Enclosed sports arenas; n. (10) Doctors offices, dentists offices, waiting rooms, hallways, wards and semi -private rooms of health facilities, including, but not limited to, hospitals, clinics and physical therapy facilities; (11) Every room, chamber, place of meeting or public assembly, including school buildings under the control of any board, council, commission, committee including joint committees, or agencies of the city or any political subdivision of the state during such time as a public meeting is in progress, to the extent such place is subject to the jurisdiction of the city; (12) Lobbies, hallways, and other common areas in apartment buildings, condominiums, senior citizen residences, nursing homes, and other multiple -unit residential facilities; (13) Lobbies, hallways, and other common areas in multiple -unit commercial facilities; (14) Polling places; (15) Warehouse facilities of any size. (b) In addition to, and not in place of, all other prohibitions in this Chapter and under State and Federal Law, smoking shall also be prohibited in the following open spaces: (1) Throughout the Broadway Pedestrian Retail District. 7 FIGURE 1 BROADWAY PEDESTRIAN RETAIL DISTRICT BOUNDARIES 149 Op D�d�j p dp apt D �dn. qua Pp D� qa a qa qg P qa� a Qa a° paa ,9�� a as aaa 6 � .�aa a v, pp��FPO ^v � to a q a a p p a Broadway Sr, Q Q a Q q Pedestrian �a a Retail District Q a � p� d�� "vim q Aa t7�A PC, S QgG Qq O� W qa a�g 61 �� � �h` a QO q a4ov O �D ni a u5 10, , O p ad p q qa q b0 ra d Q pa O a cam w; �, :.] To Date: From: STAFF REPORT Honorable Mayor and City Council March 20, 2023 AGENDA NO: 10a MEETING DATE: March 20, 2023 Lisa K. Goldman, City Manager — (650) 558-7243 Jeremy Kirshner, Assistant to the City Manager — (650) 558-7229 Subject: Approval of the Priorities Identified During the FY 2023 - 2024 Goal -Setting Session, Confirmation of Appointments to City Council Subcommittees, and Confirmation of Citv Council Assianments RECOMMENDATION Staff recommends that the City Council approve the priorities set forth at the Goal -Setting Session on January 28, 2023, approve Mayor Brownrigg's appointments to the City Council subcommittees, and confirm the 2023 City Council assignments. BACKGROUND At the City Council's annual Goal -Setting Session on January 28, 2023, each Councilmember presented a small idea and a big idea that they wanted the City to work on in the coming years. After the meeting, Mayor Brownrigg met with the City Manager and the Assistant to the City Manager to discuss each of the ideas and create a plan of action, including the creation of new City Council subcommittees to advance the big ideas. DISCUSSION At the Goal -Setting Session, every Department Head presented a major department accomplishment and a major challenge. Then, the City Council received updates on the City's finances and major developments in order to set the stage for the main part of the meeting, which involved the Councilmembers presenting their small ideas and big ideas. City Council Ideas Small Ideas Lighting for Basketball Court at Washington Park: Mayor Brownrigg's small idea is installing lighting at the basketball court in Washington Park. Parks and Recreation Director Glomstad will investigate the cost of installing the lighting and whether funds from the City's Capital Improvement Program will be required. 1 Approval of Goal -Setting Priorities, Subcommittees, and Council Assignments March 20, 2023 Paid City Internships: Vice Mayor Colson's small idea is paid City internships. While the City has a number of paid interns at any given time, City Manager Goldman or a designee will draft a memo regarding the current status of interns at the City. Repair of Fence Along El Camino Real: Councilmember Ortiz's small idea is the removal or repair of the fence running along the east side of El Camino Real, from Murchison Drive to Trousdale Drive. The fence is in disrepair and borders an arterial road. Since El Camino Real is maintained by the California Department of Transportation (Caltrans), the Public Works Department will work with Caltrans to address issues with the fence. Home Electrification: Councilmember Beach's small idea is incentivizing residents to electrify their homes. The City can create a list of priorities for electrification and identify necessary steps to complete all of the items on the list. Sustainability Program Manager Michael will work with Peninsula Clean Energy and other local entities and community organizations to identify available rebates and incentives. Promotion of the Arts and Cultural Events: Councilmember Stevenson's small idea is promotion of the arts and cultural events in the city. He noted that the Town Square will be an excellent place to host events once it is completed. Parks and Recreation Director Glomstad will brief the City Council at the appropriate time about how the City will utilize the Town Square. The Parks and Recreation Department, the Library, the Chamber of Commerce, and the Burlingame Woman's Club all currently host cultural events within the city. Big Ideas Shuttles: Mayor Brownrigg's big idea is to create a local shuttle system with frequent service. The City Council will create the Shuttle Subcommittee to explore the feasibility and logistics of shuttles. The subcommittee will be staffed by the Public Works Department and the Planning Division of the Community Development Department. Water Reuse and Retention: Vice -Mayor Colson's big idea is water conservation and recycling. New developments can incorporate elements that will utilize less water and can use recycled water for landscaping. Additionally, the City could utilize recycled water for parks. Councilmember Ortiz's big idea is stormwater retention and collection. Since these two ideas are so closely related, the City Council will create the Water Reuse and Retention Subcommittee. Additionally, the City recently applied for federal funding to conduct a feasibility study of a wastewater reclamation facility. Vision Zero: Councilmember Beach's big idea is the creation and adoption of a "Vision Zero" policy. This means that the City will set a goal of eliminating all traffic fatalities and severe injuries. The City Council will create a joint Vision Zero Subcommittee with the Traffic, Safety, and Parking Commission and the City Council, which will be staffed by the Public Works Department, with assistance from the Planning Division of the Community Development Department as necessary. Equal Attention and Resources for All Neighborhoods: Councilmember Stevenson's big idea is ensuring equal attention to all neighborhoods for parks and recreation and other City resources. 2 Approval of Goal -Setting Priorities, Subcommittees, and Council Assignments March 20, 2023 Since district elections ensure that all areas of the city are represented on City Council, going forward, this issue should be mitigated. Subcommittees and Assignments To address several of the big ideas mentioned above, the Mayor called for the creation of three new subcommittees, including a Shuttle subcommittee, a Vision Zero Subcommittee, and a Water Reuse and Retention Subcommittee. The new subcommittees will dissolve in two years; however, the City Council may revisit the date of dissolution. The Rollins Road Subcommittee has completed its work and will be dissolved. The El Camino Real and Broadway Grade Separation Subcommittees have substantially completed their work, and any further action on these two projects should be handled at the Council level. The revised list of Subcommittees and assignments is below. • Broadway Grade Separation: Beach and Ortiz (most work completed, will meet only as needed) • City Hall: Colson and Ortiz • Sea Level Rise: Brownrigg and Colson • Shuttles: Brownrigg and Beach • Vision Zero: Beach and Stevenson • Water Reuse and Retention: Ortiz and Stevenson • El Camino Real (dissolved; work shifts to full Council) • Rollins Road (dissolved) Councilmembers also serve on many external boards, including the Central County Fire Department Board of Directors, Peninsula Clean Energy Board of Directors, the South Bayside Waste Management Authority Board of Directors, and more. The updated list of Council assignments, including the Subcommittee assignments, is attached. FISCAL IMPACT Funding for the identified big ideas may include a combination of City General Fund monies, the Capital Improvement Program, state and federal grants, and other sources. Exhibit: • 2023 Council Assignments 3 CITY OF BURLINGAME 2023 COUNCIL ASSIGNMENTS —Revised March 20, 2023 Committee Schedule Bold names are members, alternates in parentheses. 1 ABAG — City Delegate Annually Stevenson 2 Advanced Life Support (Ambulance) Meets on the 3rd Wednesday Stevenson (Ortiz) JPA of January, May, and September at 6:30 p.m. 3 Airport Land Use Commission Meets quarterly Ortiz (NB: C/CAG subcommittee) 4 Audit Committee Meets 2-3 times per year, Colson & Ortiz including once in December 5 Caltrain Modernization Policymaker Meets 4th Thursday of each Beach (Stevenson) Group month, 5:30 — 7:30 p.m. 6 Central County Fire Board Meets 4 times a year, generally Ortiz & Stevenson the second Wednesday of February, April, September, and December, at 4 p.m. (NOTE: Minimum 2-year terms. Ortiz appointed January 2018; Stevenson appointed January 2022.) 7 Chamber of Commerce Liaison Meets 2nd Tuesday of each Colson & Stevenson month, noon-1:30 p.m. 8 City/County Association of Meets 2nd Thursday of each Ortiz (Colson) Governments (C/CAG) month, 6:30 p.m. 9 City/Schools Liaison Committee Meets 3 times a year, usually Brownrigg & Colson midweek at 9 a.m. 10 Commute.org (formerly called Meets every other month on Beach (Brownrigg) Peninsula Congestion Relief Alliance) Thursday at 8 a.m. 11 Dog Park Advisory Group Meets as needed Colson & Stevenson 12 Economic Development Meets 2nd Wednesday of the Brownrigg & Colson Subcommittee month, 8:30 a.m. 13 Emergency Services Council Meets 3rd Thursday in January, Stevenson (Beach) (quarterly) April, June, and September, 5:30 p.m. at Hall of Justice in Redwood City 14 Enterprise Property Committee Meets as needed Brownrigg & Colson 15 Housing Fund Subcommittee Meets as needed Brownrigg & Colson 16 Housing Endowment and Regional Meets quarterly on Brownrigg (Ortiz) Trust (HEART) Wednesdays at 3 p.m. 17 Measure I Oversight Committee Meets 1-2 times a year Colson & Ortiz 18 Peninsula Clean Energy (PCE) Meets 4th Thursday of every Colson (Brownrigg) month , 7 p.m. at 400 Harbor Boulevard, Belmont 19 Post Office / Town Square Advisory Meets as needed Brownrigg & Colson Group 20 SFO Community Round Table Meets quarterly on 1st Ortiz (Stevenson) Wednesday each month at 7 p.m. 21 South Bay Waste Management Meets quarterly, 2 p.m., Brownrigg Stevenson) Authority Thursdays 22 South Bay Waste Management Meets as needed Brownrigg Authority's Zero Waste Working Group 23 South Bay Waste Management Meets three times a year Brownrigg Authority's Finance Committee SUBCOMMITTEES IDENTIFIED DURING GOAL -SETTING SESSIONS (APPOINTED BY MAYOR) 24 Broadway Grade Separation Work mostly completed Beach & Ortiz 25 City Hall Modernization and Safety Meets as needed Colson & Ortiz Improvements 26 Sea Level Rise Shoreline Protection Meets as needed Colson & Brownrigg Improvements 27 Shuttles Meets as needed Brownrigg & Beach 28 Vision Zero Meets as needed Beach & Stevenson 29 Water Reuse and Retention Meets as needed Ortiz & Stevenson MEMBERS ELECTED/APPOINTED NOT BY THE MAYOR 28 Bay Area Water Supply and Meets 3rd Thursday of every O'Brien Conservation Agency (BAWSCA) other month, starting January 29 C/CAG Bicycle Pedestrian Advisory Meets 7-9 times a year, Beach Committee (BPAC) Thursdays, 7-9 p.m. at San Mateo City Hall 30 Peninsula Clean Energy Executive Meets monthly Colson Committee 31 Peninsula Clean Energy Audit and Meets monthly Colson Finance Committee 32 San Mateo County Express Lane Meets monthly on 2nd Fridays Beach Joint Powers Authority at SamTrans HQ in San Carlos, 9:00a.m. to 10:30a.m. 33 San Mateo County Express Lane Meets as needed Beach Joint Powers Authority Finance Committee 34 San Mateo County Flood and Sea Meets the 2nd Monday of the Colson (North County Level Rise Resiliency District (One month at 4:00 p.m. at San Representative) Shoreline) Mateo City Hall 35 San Mateo County Office of Meets February, April, June, Beach Education Safe Routes to Schools and September Community Advisory Committee 36 San Mateo County Housing and Meets as need, 4-6 times a Colson Development Committee year, 3 year term 2016-2019 37 San Mateo County Transportation Meets 1st Thursday of every Beach (cities at large) Authority Board of Directors month, S p.m. at SAMTRANS office in San Carlos 38 SFO Community Round Table Meets as needed Ortiz Subcommittee on Ground -Based Noise ALL COUNCILMEMBERS MAY ATTEND THE FOLLOWING MEETINGS 39 Council of Cities Meets usually 4th Friday of All month, rotating City 40 Peninsula Division League of Meets quarterly lunch on All California Cities Wednesdays, plus January reception for newly elected councilmembers