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HomeMy WebLinkAboutAgenda Packet - CC - 2023.08.21 Regular Meeting• City of Burlingame BURLINGAME CITY HALL 501 PRIMROSE ROAD BURLINGAME F, BURLINGAME, CA 94010 Meeting Agenda - Final City Council Monday, August 21, 2023 7:00 PM Council Chambers/Zoom Consistent with Government Code Section 54953, this City Council Meeting will be held via Zoom in addition to in person. 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 the 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: 875 3553 3249 Passcode: 824114 To access the meeting by phone: Dial 1-669-900-6833 Meeting ID: 875 3553 3249 Passcode: 824114 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 811712023 City Council Meeting Agenda - Final August 21, 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, August 21, 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/Zoom To access the meeting by computer: Go to www.zoom.us/join Meeting ID: 875 3553 3249 Passcode: 824114 To access the meeting via phone: Dial 1-669-900-6833 Meeting ID: 875 3553 3249 Passcode: 824114 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. ROLL CALL 4. REQUEST FOR AB 2449 REMOTE PARTICIPATION Announcements/consideration and approval of requests by Councilmembers to participate remotely pursuant to AB 2449 (Government Code 54943(f)) 5. REPORT OUT FROM CLOSED SESSION 6. UPCOMING EVENTS 7. DISCLOSURE OF SB 1439 CONFLICTS (Government Code Section 84308) 8. PRESENTATIONS a. Proclamation in Honor of Christine Reed b. Proclamation in Honor of David Chai City of Burlingame Page 2 Printed on 811712023 City Council Meeting Agenda - Final August 21, 2023 C. Presentation from Youth Poet Laureate Lauren Lin d. Presentation from the Mosquito and Vector Control District 9. 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. 10. 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 July 5, 2023 Closed Session Attachments: Meeting Minutes b. Approval of City Council Meeting Minutes for the July 5, 2023 Regular City Council Meeting Attachments: Meeting Minutes C. Approval of City Council Meeting Minutes for the August 1, 2023 Closed Session Attachments: Meeting Minutes d. Adoption of a Resolution Authorizing the City Manager to Execute an Agreement for Professional Services with Verde Design, Inc. for Professional Design Services and Construction Management for Synthetic Turf Field Renovations at Cuernavaca Park Protect in the Amount of $120,000 Attachments: Staff Report Resolution Professional Design Services Agreement e. Adoption of a Resolution Approving Expenditure of $272,127 of Duncan Trust Funds for the Replacement of the Library's Automated Materials Handling System (AMHS) Attachments: Staff Report Pnenh itinn Agreement City of Burlingame Page 3 Printed on 8/17/2023 City Council Meeting Agenda - Final August 21, 2023 f. Adoption of a Resolution Extending the Operations and Maintenance Agreement with Veolia Water West Operating Services Inc. in the Amount of $760,000 for the City of Burlingame Wastewater Treatment Plant Through October 31, 2023 and Authorizing the City Manager to Execute the Extension Attachments: Staff Report Resolution 2018 Agreement Agreement Extension Dated June 27, 2023 Agreement for Current Extension g. Adoption of Resolutions Awarding a $1,033,500 Construction Contract to D-Line Constructors Inc. for the 2023-2025 Creek and Channel Cleaning Project and Approving a $170,600 Professional Services Agreement with WRA, Inc. for Environmental Permitting, Biological Monitoring, and Reporting Services Related to the Project Attachments: Staff Report Resolution Awarding Construction Contract Resolution Approving Professional Services Agreement Bid Summary Creek and Channel Cleaning Contract Professional Services Agreement Site Locations Representative Photos h. Adoption of a Resolution to Accept the Dedication of a Public Utility Easement at One AfArinn ('mirk Attachments: Staff Report Resolution Final Map Easement Plat and Legal Description i. Adoption of a Resolution Accepting the El Camino Real Sewer Main Improvements, City Project No. 85970 & Adeline Drive Water Main Improvements, City Project No. 84891 by D'Arcy & Harty Construction Inc. Attachments: Staff Report Resolution Final Progress Payment Project Location Map City of Burlingame Page 4 Printed on 8/17/2023 City Council Meeting Agenda - Final August 21, 2023 j. Adoption of a Resolution Designating the Voting Delegate and Alternate for the 2023 League of California Cities' Annual Conference Attachments: Staff Report Resolution League of California Cities' Letter k. Adoption of a Resolution ADDrovina the Citv of Burlinaame's Resaonse Letter to the San Mateo County Civil Grand Jury Report Entitled "Accessory Dwelling Units: Affordable Housing's Panacea or Prevarication?" Attachments: Staff Report Resolution Response Letter Grand Jury Report Adoption of a Resolution Authorizina the Citv Manaaer to Execute Amendment No. 1 to the Professional Services Agreement with ICF Jones and Stokes, Inc. for an Additional $72,374.40, for a Total Compensation of $240,747.00, Related to the Proposed Development of a New Office/Research and Development Building at 1499 Bayshore Highway Attachments: Staff Report Resolution Amendment Revised Scope of Work Original Agreement Original Scope of Work M. Adoption of a Resolution Authorizing the City Manager to Negotiate and Execute a Professional Services Agreement with Group 4 Architecture to Assist with Preliminary Architecture Services for a New City Hall Attachments: Staff Report D--- I..+; -- Proposal - Group 4 Architecture Proposal - Keyser Marston Associates City of Burlingame Page 5 Printed on 8/17/2023 City Council Meeting Agenda - Final August 21, 2023 Adoption a Resolution Approving the Purchase of a Commercial Office Unit for the South Bayside Waste Management Authority (SBWMA) in Accordance with the Bylaws of the Joint Powers Authority Agreement Attachments: Staff Report Resolution Brochure Zoning Cost Analysis o. Annual Renewal of the Burlingame Avenue Area Business Improvement District (DBID); Resolution Approving the 2022-23 Annual Report; Declaring the City's Intention to Establish and Levy Assessments for Fiscal Year 2023-24; and Setting Required Public Hearing for September 18, 2023 Attachments: Staff Report Resolution Notice p. Approval of Out -of -State Travel for Members of the Deferred Compensation Retirement Committee to Attend the National Association of Government Defined Contribution Administrators, Inc. (NAGDCA) Annual Conference Attachments: Staff Report q. Adoption of a Resolution Authorizing the City Manager to Modify the Compensation & Benefit Plan for the City of Burlingame Department Head & Unrepresented Classifications to Include the Senior Human Resources Analyst Classification Attachments: Staff Report Resolution Compensation & Benefit Plan Adoption of a Resolution Accepting the New Community Center Protect No. 83240 in the Amount of $51,561,825 Attachments: Staff Report Resolution 11. PUBLIC HEARINGS (Public Comment) City of Burlingame Page 6 Printed on 8/17/2023 City Council Meeting Agenda - Final August 21, 2023 a. Public Hearing and Introduction of an Ordinance Establishing Chapter 6.55, "San Francisco Peninsula Tourism Marketing District," of Title 6 of the Burlingame Municipal Code Regarding the Establishment of the San Francisco Peninsula Tourism Marketing District; CEQA Determination: Exempt Pursuant to State CEQA Guidelines Sections 15378 and 15061(b)(3) Attachments: Staff Report Ordinance Management District Plan Resolution of Intention Reolution Requesting Consent b. Public Hearina and Adoption of a Resolution Amendina the Citv of Burlinaame FY2023-24 Master Fee Schedule. Attachments: Staff Report Resolution 2023-24 Proposed Master Fee Schedule 12. STAFF REPORTS AND COMMUNICATIONS (Public Comment) a. Consideration of Two Appointments to the Library Board of Trustees Attachments: Staff Report b. Discussion of SB 532 (Wiener) the Safe. Clean. and Reliable Public Transportation Emergency Act, Determination of a Position, and Adoption of a Resolution as Needed Attachments: Staff Report Draft Resolution of Support Draft Resolution of Opposition Bill Text 13. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Councilmembers report on committees and activities and make announcements. 14. FUTURE AGENDA ITEMS 15. 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. 16. ADJOURNMENT City of Burlingame Page 7 Printed on 8/17/2023 City Council Meeting Agenda - Final August 21, 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, August 21, 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, August 21, 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 Tuesday, September 5, 2023 VIEW REGULAR COUNCIL MEETING ONLINE www.burlingame.org 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 8 Printed on 8/17/2023 CITY 0 BURLINGAME T-- BURLINGAME CITY COUNCIL Unapproved Minutes Closed Session on July 5, 2023 1. CALL TO ORDER Agenda Item: 10a Meeting Date: August 21, 2023 A duly noticed meeting of the Burlingame City Council was held on the above date in Conference Room A at 6:20 p.m. 2. ROLL CALL MEMBERS PRESENT: Beach, Brownrigg, Ortiz, Stevenson MEMBERS ABSENT: Colson 3. REQUEST FOR AB 2449 REMOTE PARTICIPATION There was no request. 4. DISCLOSURE OF SB 1439 CONFLICTS Councilmember Beach stated that she was unaware of any contributions she received that were in conflict and therefore needed to be disclosed. She noted that if any member of the public was aware of a conflict they should write the City Clerk. C�7�I 3�[��L�Itrlf•I�►��� There was no public comment. S. REPORT OUT FROM CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 PROPERTY: 250 ANZA BOULEVARD. BURLINGAME. CALIFORNIA AGENCY NEGOTIATORS: CITY MANAGER LISA K. GOLDMAN AND CITY ATTORNEY MICHAEL GUINA NEGOTIATING PARTIES: CITY OF BURLINGAME; TOPGOLF USA BURLINGAME, LLC UNDER NEGOTIATIONS: PRICE AND TERMS OF REAL ESTATE NEGOTIATIONS City Attorney Guina stated that direction was given but no reportable action was taken. 6. ADJOURNMENT Agenda Item: 10a Meeting Date: August 21, 2023 Mayor Brownrigg adjourned the meeting at 6:35 p.m. Respectfully submitted, Meaghan Hassel -Shearer, City Clerk CITY c- BVRL{NGAM_E �e a 9 BURLINGAME CITY COUNCIL Unapproved Minutes Regular City Council Meeting on July 5, 2023 1. CALL TO ORDER Agenda Item: 10b Meeting Date: August 21, 2023 A duly noticed meeting of the Burlingame City Council was held on the above date in person and via Zoom at 7:03 p.m. 2. PLEDGE OF ALLEGIANCE TO THE FLAG The pledge of allegiance was led by Fire Chief Barron. 3. ROLL CALL MEMBERS PRESENT: Beach, Brownrigg, Ortiz, Stevenson MEMBERS ABSENT: Colson Councilmember Stevenson appeared via Zoom from Truckee, California. 4. REQUEST FOR AB 2249 REMOTE PARTICIPATION There were no requests. 5. REPORT OUT FROM CLOSED SESSION a. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 PROPERTY: 250 ANZA BOULEVARD, BURLINGAME, CALIFORNIA AGENCY NEGOTIATORS: CITY MANAGER LISA K. GOLDMAN AND CITY ATTORNEY MICHAEL GUINA NEGOTIATING PARTIES: CITY OF BURLINGAME; TOPGOLD USA BURLINGAME LLC UNDER NEGOTIATIONS: PRICE AND TERMS OF REAL ESTATE NEGOTIATIONS City Attorney Guina stated that direction was given, but no reportable action was taken. 6. UPCOMING EVENTS 1 Agenda Item: 10b Meeting Date: August 21, 2023 Mayor Brownrigg reviewed upcoming events in the city. 7. DISCLOSURE OF SB 1439 CONFLICTS (GOVERNMENT CODE SECTION 84308) Councilmember Beach stated that she is unaware of any contributions she has received that are in conflict and therefore need to be disclosed. However, she noted that if any member of the public is aware of a conflict, they should write the City Clerk. 8. PRESENTATIONS a. UPDATE FROM CALTRANS ON THE EL CAMINO REAL PROJECT Rommel Pardo, Matthew Goetz, Isaac Mai, and Rebecca Krawiec from Caltrans gave an update on the El Camino Real Project. Mr. Pardo reviewed the main goals of the project: • Retain the character and health of the grove of trees • Improve the safety of the road and sidewalks Mr. Goetz discussed the boundaries of the state right of way. He noted that this information was obtained utilizing the following methods: • Research of maps, statutes, and recorded documents • Field evidence and data collection • Analysis and mapping • Verification by additional field work • Ariel topographical mapping Mr. Mai began by defining encroachment: "An encroachment is any structure, object, or activity of any kind or character within the State right of way ("ROW") but not part of the State facility or serving a transportation need." He stated that there is no standard width for ROW, but over time, property owners make assumptions. He explained that Caltrans calculated the depth of the ROW by subtracting the distance from the flow line and the back of the sidewalk. He stated that on El Camino Real, the ROW varies from zero to ten feet in depth. He noted that the El Camino ROW includes trees planted along the roadway. Mr. Mai reviewed the different severity types of encroachments: • Low severity - less than 2 feet from back of sidewalk to ROW line • Medium severity — 2-5 feet from back of sidewalk to ROW line • High severity — greater than 5 feet from back of sidewalk to ROW line Mr. Mai stated that encroachments may include: • Parking • Landscaping 2 Agenda Item: 10b Meeting Date: August 21, 2023 • Irrigation • Fences • Mailboxes • Patios • Retaining Walls • Driveways • Stairs Mr. Mai stated that Caltrans has identified approximately 214 instances of encroachments throughout the project area. He broke this number down by severity type: • 34% Low — 78 instances • 28% Medium — S2 instances • 38% High — 83 instances Mr. Pardo reviewed the project's next steps and milestones for funding: • Complete 100% design (plans, specifications, and estimate) • Acquire the project ROW certification, which requires clearing of utility conflicts, completion of Temporary Construction Easements (TCEs), and clearing of improvements built on State ROW (walls, stairs, fences, irrigation, etc.) • Project is ready to list for contractor bidding • Request fund allocation by CA Transportation Commission Mr. Krawiec reviewed the planned public outreach: • Late July/early August 2023 — Property owner meetings — invitation -only meetings based on severity of encroachment • August 19-20, 2023 — Burlingame on the Avenue event — public input on public benches, trees, history block • Mid -September 2023 — Public reveal of renderings and design Council thanked the Caltrans team for the presentation. Councilmember Ortiz voiced concern about the 83 instances of severe encroachment that Caltrans identified in the project area. He asked about the process for addressing these instances. Mr. Pardo replied that Caltrans would work with the property owners on a case -by -case basis. Councilmember Beach asked about the undergrounding of the powerlines and how that fits into the design. Mr. Pardo replied that Caltrans is coordinating this process with the City and PG&E. Mayor Brownrigg opened the item up for public comment. Ms. Pfaff thanked Caltrans for the update on the project. 3 Agenda Item: 10b Meeting Date: August 21, 2023 An individual expressed support for the project and asked about the maintenance/status of El Camino Real between now and the start of construction. Mr. Pardo replied that maintenance of the roadway is currently difficult due to the various root systems. However, he stated that this project looks to ensure that maintenance will be easier in the future. Suzanne asked if Caltrans would remove the trees prior to the upcoming winter/storm season. (comment submitted via Zoom). Mr. Pardo replied that Caltrans would continue to maintain and review the trees prior to the start of construction. Mr. Kervanian asked if the El Camino Real project and the Broadway Grade Separation project would be underway at the same time. (Comment submitted via publiccomment@burlingame.org). City Manager Goldman replied that there is currently no timetable for the Broadway Grade Separation project as the City has not yet acquired all the necessary funding. Serena asked about the three trees in front of 836 El Camino Real. (Comment submitted via publiccomment@burlingame.org). Mr. Pardo asked the City Clerk to give him Serena's information, and he would communicate with her directly. Mayor Brownrigg closed public comment. Councilmember Ortiz thanked Caltrans for all their hard work. Mayor Brownrigg discussed the importance of Caltrans conducting thorough outreach on El Camino Real in order to ensure that individuals know about the project and how it would affect them. b. PRESENTATION ON CENTRAL COUNTY FIRE DEPARTMENT STANDARDS OF COVER STUDY Fire Chief Barron gave a presentation on the Standards of Cover for the Central County Fire Department ("CUD"). He noted that the Standards of Cover includes an analysis and recommendations for future improvements. Fire Chief Barron reviewed the process: • The Triton consultant team analyzed data provided by CCFD as well as others to determine current levels of response performance • From this analysis, the team identified factors influencing risk and response performance and identified opportunities for delivery system improvement 4 Agenda Item: 10b Meeting Date: August 21, 2023 • The team conducted a site visit completed that included stakeholder input at all levels in CCFD Fire Chief Barron gave an overview of the Central County Fire Department. This included a description of the community served: • Resident population: approximately 65,000 • Approximately 15 square miles. • Full services, all hazards fire department provides fire, EMS, prevention services, wildland fire response, specialty rescue services. • 64% of firefighters are paramedics. • ALS services provided with paramedics. • Insurance Services Office (ISO) rating 2. Used for rating premiums. (Lower is better) • Burlingame, Millbrae, and Hillsborough each have two fire stations, along with the administrative offices located in Burlingame. Fire Chief Barron reviewed the CCFD organizational structure. He explained that the CCFD daily staffing model is a minimum of 22 on -duty personnel per shift (six engines, one truck). He added that: • CCFD shifts are 48 hours on and 96 hours off • Three firefighters minimum on engines and three firefighters minimum on truck • NFPA 1720 recommends 4-person staffing. He noted that most agencies in the area are staffed with three per engine. He noted that the national average of firefighters per 1000 population is 1.28; the regional median is 1.00; San Bruno Fire Department is 0.72; San Mateo Consolidated Fire is 0.75, and CCFD is 1.06. Fire Chief Barron reviewed CCFD's facilities: Station Square Footage Apparatus Bays Maximum Staffing General Condition Station Age Station 32 4685 2 5 Fair 39 Station 33 4200 2 4 Fair 69 Station 34 16255 4 8 Fair 27 Station 35 5616 2 3 Poor 71 Administration 8730 N/A N/A Poor 60 Station 37 9269 3 4 Poor 65 Station 38 4340 3 3 Fair 47 Totals: 53098 16 27 - - Fire Chief Barron reviewed CCFD's apparatus inventory as of 2022: Unit Type Manufacturer Year Condition Features Engine 32 Type 1 Pierce 2016 Good 1750 gpm 680 gal Engine 33 Type 1 Pierce 2002 Poor 1750 gpm 680 gal Agenda Item: 10b Meetine Date: Aueust 21. 2023 Engine 34 Type 1 Pierce 2019 Excellent 1750 gpm 680 gal Engine 35 Type 1 Pierce 2016 Good 1750 gpm 680 gal Engine 37 Type 1 Pierce 2016 Good 1750 gpm 680 gal Engine 38 Type 1 Pierce 2017 Good 1750 gpm 680 gal Engine 2608 Type 1 Athens -Fox 2020 Excellent 500 gpm 280 gal Truck 34 Aerial Pierce 2022 Excellent 105' Ladder Rescue 133 Rescue SVI 2008 Fair Heavy Rescue He noted that Engine 33 is set to be replaced, but orders can take up to two years to deliver. Fire Chief Barron reviewed CCFD's reserve apparatus inventory: Unit Type Manufacturer Year Condition Features Engine 132 Type 1 Pierce 2002 Poor 1750 gpm 500 gal Engine 134 Type 1 Pierce 2007 Poor 1750 gpm 500 gal Engine 137 Type 1 Pierce 2001 Poor 1750 gpm 500 gal Engine 138 Type 1 Pierce 2002 Poor 1750 gpm 500 gal Truck 134 Aerial Pierce 2007 Poor 105' ladder Fire Chief Barron reviewed the community risk assessment. He noted that the areas addressed were: • Demographics, at -risk populations per NFPA • Risk classifications • Physical hazards • Land use • Physical assets protected • Critical Infrastructure He explained some examples of risks include landslides, floods, and wildland fire. Fire Chief Barron explained that out of 890 fire departments in California, 158 have an ISO rating of 2, which puts CCFD in the top 20%. Fire Chief Barron stated that in 2022, Station 37 in Millbrae had the second busiest workload, and Station 34 in Burlingame had the busiest workload. He noted that the station coverage (the time it takes to get from a station to a call) is excellent. He added that there were 30,000 calls in four years, with the demand density being highest around the hospital and care facilities. He noted that 60% of the calls were EMS=related. Fire Chief Barron reviewed the report's findings and observations: • Most service demand occurs in CCFD's Station 37 and 34 response areas, particularly near Station 37 (Millbrae). Ll Agenda Item: 10b Meeting Date: August 21, 2023 • Based on the density data and 4-minute travel time extent, all CCFD fire stations are located in the appropriate areas for good general overall coverage throughout CCFD's coverage area. Additional demand is near Station 36, and future demand exists across Highway 101 near the Bay. • Based on the CCFD unit workload and truck travel extent, the dual companies at sSation 34 are well placed. • Concentration analysis shows that the staffing capability to send resources to assemble EFR is very good. Next, Fire Chief Barron reviewed CCFD's response performance: • The cities of Burlingame and Hillsborough Police Departments answer emergency calls and transfer to San Mateo County Dispatch, resulting in additional time to respond and CAD data that is not available. • Millbrae 911 calls go directly to San Mateo County • CCFD turnout times of 2:37 for EMS and 3:17 for fire response was below NFPA standards. • CCFD travel time was below NFPA standards. • CCFD total call received to first unit arrival time at 90% is nine minutes and zero seconds. • NFPA benchmark at 90% is six minutes and thirty seconds. Next, Fire Chief Barron summarized personnel and staffing: • CCFD currently maintains a minimum of three firefighters on all fire engines and three firefighters on truck 34. • NFPA 1710 recommends four -person staffing. • This would require 21 additional firefighters to meet the NFPA standard for all six fire engines and truck 34. • Most other agencies in San Mateo County rely on three firefighters per engine, and many prioritize four firefighters on trucks. • CCFD previously maintained a shift inspector program; that employee was the 4th FTE on the truck after inspection duties. Fire Chief Barron reviewed the fire stations and facilities: • CCFD is operating from aging fire stations at an average of 54 years of age. Four are rated in "Fair" condition and three in "Poor" condition. Many have numerous deficiencies. • The current CCFD administrative facility at Station 36 is an inadequate facility not intended for modern administrative facility. • The cities of Burlingame, Hillsborough, and Millbrae own the CCFD facilities within their jurisdictions. Fire Chief Barron reviewed the recommendations for response performance: • Recommendation 1: Consider initiating a regular Response Time Performance time tracking and reporting system. 7 Agenda Item: 10b Meeting Date: August 21, 2023 • Recommendation 2: The department should start conducting performance and outcome measurements. • Recommendation 3: Consider doing further analysis of the call answering times, call processing times, and specifically call transfer times from the City of Burlingame PD and the Hillsborough PD PSAP Dispatch Centers to the San Mateo County Dispatch Center. • Recommendation 4: Consider studying turnout time performance measures and possible causes. Fire Chief Barron noted that dispatch times is a countywide issue, and not an issue with CCFD teams. He explained that in the short term, they have placed monitors in each station and have purchased software to help measure response times. Fire Chief Barron reviewed the recommendations for staffing: • Recommendation 5: Consider hiring enough additional firefighters to staff truck 34 to ensure a minimum of 4-person staffing daily. • Recommendation 6: Consider hiring enough additional firefighters to ensure a minimum of 4-person staffing daily on all six CCFD fire engines. • Recommendation 11: Consider hiring a full time FTE Facilities and Fleet Manager. • Recommendation 13: Consider conducting a management staffing analysis to analyze the management staffing needs of CCFD and adjust the organizational structure and chart. • Recommendation 19: Consider hiring a full time FTE Plans Reviewer for the Fire Prevention Division. • Recommendation 18: Continue to support and update Central County Fire Department's succession planning and career development programs. He noted that CCFD has applied for FEMA grant for additional funding for staffing. Fire Chief Barron reviewed the recommendations for facilities: • Recommendation 7: Consider developing a long-term Capital Facilities Replacement Plan. • Recommendation 9: Consider constructing or relocating the Central County Fire Department administrative facility to a more suitable facility location. • Recommendation 10: Consider replacing Station 36 with a new staffed fire station for future growth and consider locating property on the east side of CCFD's territory for a future fire station. • Recommendation 12: Find suitable locations for work out exercise areas, outside of the apparatus bays, at Stations 32, 33, 35, 37, and 38. Fire Chief Barron reviewed the future considerations: • Recommendation 15: Consider conducting a cooperative services feasibility study for shared services with neighboring agencies. • Recommendation 17: Consider conducting a feasibility study for the formation of a potential CCFD Fire District. • Recommendation 20: Consider developing a Strategic Plan and Master Plan for Central County Fire Department. M Agenda Item: 10b Meeting Date: August 21, 2023 Fire Chief Barron reviewed the budgetary recommendations: • Recommendation 8: Consider modifying and expanding the long-term Apparatus Replacement Plan. • Recommendation 14: Consider funding a more aggressive reserve fund for capital replacements. • Recommendation 16: Consider implementing a digital record keeping system. Fire Chief Barron noted that apparatus replacement has gone up by 20% in recent years. Mayor Brownrigg and Council thanked Fire Chief Barron for the presentation and all the hard work. Councilmember Beach asked about the useful life of a fire vehicle. Fire Chief Barron replied that there isn't a straightforward answer. He noted that the NFPA has one set of guidelines, but that other sources cite a lifespan of 25 years. Mayor Brownrigg asked how often the Standards of Cover is done. Fire Chief Barron replied that it should probably be done every five to ten years. Mayor Brownrigg opened the item up for public comment. No one spoke. UPDATE ON THE CALIFORNIA DRIVE BIKE LANE PROJECT DPW Murtuza stated that the California Drive Bike Lane Project will span from Oak Grove to Broadway along California Ave. He reviewed why the City is undertaking this project including: • California Drive is a high-speed corridor and identified as one of the high injury network roadways in the County due to safety concerns • There are safety concerns for bicyclists and pedestrians • The road was identified in the City's General Plan, and as a high -priority project in the City's Bicycle and Pedestrian Master Plan • The road has also been identified in the 2021 San Mateo County Comprehensive Bicycle and Pedestrian Plan as part of the north -south San Mateo County wide bike network • The road infrastructure is aging and needs rehabilitation • The City was awarded $800,000 in competitive grant funds to undertake the project • The project development process involved community outreach meetings • Design concepts were developed, and input sought from the community through separate public meetings, BPAC, and TSPC • After extensive public outreach and input, the City Council adopted the final design after providing direction in September 2021 • The project was awarded for construction and is going through the submittal review process; construction is expected to begin soon DPW Murtuza reviewed the goals of the project: 9 Agenda Item: 10b Meeting Date: August 21, 2023 • Upgrade the roadway infrastructure and improve safety and comfort for bicyclists and pedestrians as well as motorists • Facilitate safer speeds • Build a bike facility that is consistent with the City's goal of a separated bike facility through the north -south corridor along California Drive • Connect the downtown districts, schools, transit stations, parks, community center, and residential neighborhoods • Coordinate with the future Broadway Grade Separation Project • Minimize impacts to local businesses and the community DPW Murtuza reviewed the project's scope: • Street resurfacing • Road diet • Pedestrian Improvements (RRFBs, Bulb -outs, Refuge Islands, High Visibility Crosswalks) • Class IV (Separated) Two-way Cycle Track between Carmelita and Oak Grove (Eastside) • Class II (Dedicated) Bike Lane between Broadway and Carmelita (Westside) DPW Murtuza discussed the bike lane design on California Drive from Broadway to Carmelita. He noted that 20 new parking spaces will be added between Carmelita and Sanchez. He acknowledged that prohibiting left turns will hurt businesses but will reduce the number of accidents and make it safer for bicyclists and pedestrians. Mayor Brownrigg stated that he hoped this design would not push traffic into the neighborhoods nearby. Councilmember Ortiz asked if vehicles would make a U-turn to park in Maverick Jack's parking lot. DPW Murtuza replied that while drivers may do this, it is not the intention. DPW Murtuza discussed the bike lane design on California Drive from Carmelita to Sanchez. He stated that there will be a two-way bike lane on the east side of the street, with some pedestrian refuge islands. He explained that there will 20 new parking spaces on the east side of the street, but they won't be metered due to an agreement with the SFPUC. DPW Murtuza gave an overview of the future two-way bike facility concept with the Broadway Grade Separation Project. He stated that there will be a two-way bike lane on the east side of California, with numerous ways under the railroad tracks. He noted that parking would be restored on the west side of California. Mayor Brownrigg opened the item up for public comment. Mr. Kevranian voiced concern about the potential U-turns people would be making near Maverick Jack's and the bike lane on the east side. 10 Agenda Item: 10b Meeting Date: August 21, 2023 Mike voiced concern about potential customers driving northbound making left turns into businesses on the west side of California Drive. Alexis and Jennifer voiced their support for the project. Manito voiced support for the new bike lanes and the overall project. He worried that vehicles patronizing the business on the west side will occupy the bike lanes. Dave voiced support for the new bike lanes. Nikki voiced concern for the project and the potential impact on the nearby neighborhood. (Comment submitted via Zoom) Seth, Doug, John, Jerry, and Tim voiced support for the project. (Comments submitted via publiccomment@burlingame.org). Mayor Brownrigg closed public comment. Councilmember Ortiz stated that the City does its best to get as much information out to the public as possible. He noted that the concern about first responders is taken into consideration with the design of the project. Councilmember Stevenson voiced support for the project. He acknowledged that the project may need to be altered as more data is collected. He added that the project will improve biker and pedestrian safety. Councilmember Beach acknowledged that every project has trade-offs. She noted that the Broadway and California intersection is the most accident-prone intersection in Burlingame, and this project will help make it safer. She thanked the public for attending and providing feedback. Mayor Brownrigg echoed the other Councilmembers' comments. He noted that this is not just a bike lane project, but a road diet project. He added that California has a vehicle speed problem, and this project will help reduce the speed of vehicles, thus making the road safer. 9. PUBLIC COMMENTS AFSCME members spoke on behalf of their union regarding the City's current labor negotiations. The commentators included: Dante, Juan, Nick, Jorge, Patrick, Natal, Olma, Kenneth, Joe, Robert, Tim, Dave, and Richard. Their comments included: • Employee turnover is high • Retaining employees is difficult • Difficulty in hiring • Cost of living has increased leading to employees not being able to live in the area 11 Agenda Item: 10b Meeting Date: August 21, 2023 • Appreciation for work done • Need to increase wages to be equal with neighboring cities • Reserve funds, General Fund balance, and enterprise funds could be used for increases • Inability to live on their employee wages Analisa thanked Public Works staff for fixing the water main break. After Public Comment, Council took o three -minute recess. 10. APPROVAL OF CONSENT CALENDAR Mayor Brownrigg asked the Councilmembers and the public if they wished to remove any item from the Consent Calendar. No item was pulled. Councilmember Beach made a motion to adopt the Consent Calendar; seconded by Councilmember Ortiz. The motion passed by roll call vote, 4-0-1 (Vice Mayor Colson was absent). a. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR THE JUNE 20. 2023 CLOSED SESSION City Clerk Hassel -Shearer requested Council approve the City Council Meeting Minutes for the June 20, 2023 Closed Session. b. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR THE JUNE 20, 2023 REGULAR CITY COUNCIL MEETING City Clerk Hassel -Shearer requested Council approve the City Council Meeting Minutes for the June 20, 2023 Regular City Council Meeting. c. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A $356,760 AGREEMENT WITH TIMBERLINE TREE SERVICE, INC. FOR MATURE EUCALYPTUS TREE PRUNING AND REMOVAL AND STUMP REMOVAL AT SKYLINE BLVD. AND BAYSIDE PARK AND APPROVING AN ADDITIONAL $356,760 APPROPRIATION IN THE PARKS OPERATING BUDGET FOR FISCAL YEAR 2023-24 FROM THE GENERAL FUND RESERVES Parks and Recreation Director Glomstad requested Council adopt Resolution Number 086-2023. d. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A 51.459.875 AGREEMENT WITH WEST COAST ARBORISTS, INC. FOR MATURE EUCALYPTUS TREE PRUNING AND REMOVAL AT FRANCARD GROVE NORTH AND ROLLINS ROAD AND APPROVING AN ADDITIONAL $1.459.875 APPROPRIATION IN THE PARKS OPERATING BUDGET FOR FISCAL YEAR 2023-24 FROM THE GENERAL FUND RESERVES 12 Agenda Item: 10b Meeting Date: August 21, 2023 Parks and Recreation Director Glomstad requested Council adopt Resolution Number 087-2023. e. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A $764,800 AGREEMENT WITH COMMUNITY TREE SERVICE. LLC. FOR MATURE EUCALYPTUS TREE PRUNING AND REMOVAL AND STUMP REMOVAL ALONG EASTON DRIVE, OAK GROVE AVENUE, AND BURLINGAME AVENUE AND APPROVING AN ADDITIONAL $764,800 APPROPRIATION IN THE PARKS OPERATING BUDGET FOR FISCAL YEAR 2023-24 FROM THE GENERAL FUND RESERVES Parks and Recreation Director Glomstad requested Council adopt Resolution Number 088-2023. f. ADOPTION OF A RESOLUTION AWARDING A $399,728 CONSTRUCTION CONTRACT TO GOLDEN BAY CONSTRUCTION, INC. FOR THE NEIGHBORHOOD STORM DRAIN PROJECT #14, CITY PROJECT NO. 86330. AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONSTRUCTION CONTRACT DPW Murtuza requested Council adopt Resolution Number 089-2023. g. ADOPTION OF A RESOLUTION OF INTENT TO AMEND THE CITY OF BURLINGAME'S FISCAL YEAR 2023-24 MASTER FEE SCHEDULE AND SET THE PUBLIC HEARING FOR SUCH AMENDMENT FOR AUGUST 21, 2023, AT 7:00 P.M. AT THE CITY OF BURLINGAME CITY COUNCIL CHAMBERS Finance Director Yu -Scott requested Council to adopt Resolution Number 090-2023. h. ADOPTION OF A RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH HOUSEKEYS, INC. FOR ADMINISTRATION OF THE CITY OF BURLINGAME BELOW MARKET RATE HOUSING PROGRAM IN THE AMOUNT OF $150,000 OVER A ONE YEAR PERIOD AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT CDD Gardiner requested Council adopt Resolution Number 091-2023. L ADOPTION OF A RESOLUTION APPROVING THE FINAL MAP (PM 22-02), LOT COMBINATION OF PARCEL A, LOTS 1, 2, 33 AND 34, BLOCK 4, MAP OF EAST MILLSDALE INDUSTRIAL PARK NO. 2 SUBDIVISION AT 821 MALCOLM ROAD AND 1669-1699 OLD BAYSHORE HIGHWAY: AND FINDING THIS ACTION IS EXEMPT FROM CEQA PURSUANT TO STATE CEQA GUIDELINES SECTION 15061(B)(3) DPW Murtuza requested Council adopt Resolution Number 092-2023. j. ADOPTION OF A RESOLUTION AWARDING A $580,421.80 CONTRACT TO DUKE'S ROOT CONTROL, INC.. FOR THE SANITARY SEWER ROOT CONTROL SERVICES PROJECT. CITY PROJECT NO. 86680 DPW Murtuza requested Council adopt Resolution Number 093-2023. 13 Agenda Item: 10b Meeting Date: August 21, 2023 k. ADOPTION OF A RESOLUTION AWARDING A $146.010 EMERGENCY GENERATOR MAINTENANCE SERVICES CONTRACT TO EDWARD R. BACON COMPANY AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT DPW Murtuza requested Council adopt Resolution Number 094-2023. I. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH ENVIRONMENTAL SCIENCE ASSOCIATES (ESA) TO PERFORM ENVIRONMENTAL REVIEW SERVICES FOR AN ADDITIONAL $29,885, FOR A TOTAL COMPENSATION OF $521,885, RELATED TO THE PROPOSED DEVELOPMENT OF A NEW OFFICE / RESEARCH AND DEVELOPMENT PROJECT AT 1200-1340 OLD BAYSHORE HIGHWAY CDD Gardiner requested Council adopt Resolution Number 095-2023. m. ADOPTION OF A RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A FIVE-YEAR AGREEMENT WITH FLOCK GROUP, INC., FOR A TOTAL COST OF $242,500, TO PROVIDE AUTOMATED LICENSE PLATE READERS (ALPRS) TO THE BURLINGAME POLICE DEPARTMENT Police Chief Matteucci requested Council adopt Resolution Number 096-2023. n. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH GOOD CITY COMPANY FOR AN ADDITIONAL AMOUNT OF $52,500, WITH A NOT TO EXCEED AMOUNT OF $142,345, FOR CONTRACT PLANNING SERVICES RELATED TO THE PROPOSED LIFE SCIENCE PROJECT AT 1300 OLD BAYSHORE HIGHWAY CDD Gardiner requested Council adopt Resolution Number 097-2023. o. CONTINUATION OF PUBLIC HEARING ESTABLISHING THE SAN FRANCISCO PENINSULA TOURISM MARKETING DISTRICT TO SEPTEMBER 5, 2023 AT 7:00 P.M. AT THE CITY COUNCIL CHAMBERS City Manager Goldman requested a continuation of the public hearing establishing the San Francisco Tourism Marketing District to September 5, 2023 at 7:00 p.m. 11. PUBLIC HEARINGS a. PUBLIC HEARING TO CONSIDER AN APPEAL OF THE BURLINGAME BEAUTIFICATION COMMISSION'S DENIAL OF THE REMOVAL OF A PROTECTED PRIVATE TREE AT 1515 FLORIBUNDA AVE. City Arborist Holtz gave a brief overview of the appeal. He stated that an applicant at 1515 Floribunda is appealing the Beautification Commission's decision to deny a private tree removal. He reviewed the background of the item: 14 Agenda Item: 10b Meeting Date: August 21, 2023 • A private juniper tree approved for removal by the City Arborist • City Arborist decision appealed • Beautification Commission denied removal • Beautification Commission decision appealed to City Council City Arborist Holtz discussed the juniper tree. He noted that the tree measures 48 inches at the base and is 20 feet tall. The tree is located close to the building. City Arborist Holtz stated that the applicant hired an independent arborist, who cited that the tree is a fire hazard danger and should be removed. He noted that he came to the same conclusion as the independent consultant, that the tree should be removed, but for different reasons. City Arborist Holtz stated that this type of tree likes to spread its root system wide and shallow. He noted that there were signs of cracking on walls and floors in the garage, which the applicant claimed to be from the roots. He added that the only way to confirm that would be to do a root excavation or have a structural engineer do an assessment. Mayor Brownrigg opened the item up for public comment. The appellant (board member of the building's HOA) spoke in favor of removing the tree. He laid out the argument for appealing the decision: • Goal isn't to remove something that has been growing for years • Minimize a risk that might become a greater risk in the future • Minimize the risk to nearby structures • Make it easier to do work on those nearby structures in order to make them safer • He noted the complex has added ten new trees to the property • He wants to protect the residents by removing the tree, but also adding more trees in different areas Another board member spoke in favor of removing the tree and planting another tree farther away from the building. Councilmember Beach asked about replacing the tree. The appellant stated that they would replace the tree with three new trees. He added that the trees would be planted further away from the building than the juniper tree. Councilmember Stevenson asked if the tree removal is tied to any other work to the building. The appellant replied that it would make future landscaping easier. Mr. Popovic, a resident of the building, stated that 18 residents wrote to the HOA board asking them not to remove the tree. 15 Agenda Item: 10b Meeting Date: August 21, 2023 Councilmember Beach asked if there are any plans to rehabilitate the sidewalks, or will it just be tree planting. The appellant replied that the sidewalks would be repaired. Mayor Brownrigg closed public comment. Mayor Brownrigg noted that this issue seemed to be a private matter as the tree doesn't have much visibility from the outside. Councilmember Ortiz commented that this should be a decision made among the homeowners association, and not by the City Council. He defaulted to the City Arborist's decision to remove the tree and left it to the homeowners association to work out their differences. Councilmember Beach and Councilmember Stevenson agreed with Councilmember Ortiz's comments. Mayor Brownrigg asked City Attorney Guina if with an appeal ruling, the Council could attach conditions. City Attorney Guina replied in the affirmative. Mayor Brownrigg agreed with his fellow Councilmembers and the City Arborist's decision. He wanted to add that if the tree is removed, that the homeowners association must plant three new trees. Councilmember Ortiz asked that if the original approval required a tree to be planted in place of the removed tree. City Arborist Holtz responded in the affirmative and stated that the permit does specify a one-to-one replacement with additional guidelines. Mayor Brownrigg made a motion to uphold the appeal and overturn the Beautification Commission's decision. He added that if the tree is removed, three new trees from the approved list of trees must be planted. The motion was seconded by Councilmember Ortiz. The motion passed by roll call vote, 4-0-1 (Vice Mayor Colson was absent). 12. STAFF REPORTS AND COMMUNICATIONS There were no staff reports. 13. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Council reviewed their committee appointments. 14. FUTURE AGENDA ITEMS There were no future agenda items. 15. ACKNOWLEDGMENTS 16 Agenda Item: 10b Meeting Date: August 21, 2023 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. 16. ADJOURNMENT Mayor Brownrigg adjourned the meeting at 10:27 p.m. in memory of Air Force Pilot Colonel Ernest Leo De Soto. Respectfully submitted, Meaghan Hassel -Shearer City Clerk 17 CITY 0 BURLINGAME 4-- BURLINGAME CITY COUNCIL Unapproved Minutes Closed Session on August 1, 2023 1. CALL TO ORDER Agenda Item: 10c Meeting Date: August 21, 2023 A duly noticed meeting of the Burlingame City Council was held on the above date in Conference Room A at 5:45 p.m. 2. ROLL CALL MEMBERS PRESENT: Brownrigg, Colson, Ortiz, Stevenson MEMBERS ABSENT: Beach 3. REQUEST FOR AB 2449 REMOTE PARTICIPATION There was no request. 4. DISCLOSURE OF SB 1439 CONFLICTS There were no disclosures. 4. PUBLIC COMMENTS There was no public comment. ��:Z�I�I:i��1�jiY:Z�If•[�I���j�I��j���L�PI CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION caar,ti u PROPERTY: 1200-1340 OLD BAYSHORE HIGHWAY, BURLINGAME, CALIFORNIA AGENCY NEGOTIATORS: CITY MANAGER LISA K. GOLDMAN AND 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 a conflict of interest. City Attorney Guina stated that direction was given but no reportable action was taken. 6. ADJOURNMENT Agenda Item: 10c Meeting Date: August 21, 2023 Mayor Brownrigg adjourned the meeting at 6:32 p.m. Respectfully submitted, Meaghan Hassel -Shearer, City Clerk BURi®NGAME AGENDA NO: 10d STAFF REPORT MEETING DATE: August 21, 2023 To: Honorable Mayor and City Council Date: August 21, 2023 From: Margaret Glomstad, Parks and Recreation Director — (650) 558-7307 Rich Holtz, Parks Superintendent/City Arborist — (650) 558-7333 Subject: Adoption of a Resolution Authorizing the City Manager to Execute an Agreement for Professional Services with Verde Design, Inc. for Professional Design Services and Construction Management for Synthetic Turf Field Renovations at Cuernavaca Park Project in the Amount of $120,000 RECOMMENDATION Staff recommends that the City Council adopt the attached resolution authorizing the City Manager to execute the agreement for professional services with Verde Design, Inc. for professional design services for synthetic turf field renovations at Cuernavaca Park in the amount of $120,000. BACKGROUND In 2018, City staff worked with Verde Designs, Inc. on a long-term plan to strategically plan for the renovations of the City's aging athletic fields. Schematic designs were completed for the fields at Ray, Cuernavaca, Village, and Washington Park. The fields were prioritized based on condition and Americans with Disabilities Act (ADA) and safety needs. The Ray Park fields were completed in March of 2021. DISCUSSION Verde Design completed the 60% construction documents in 2021 as part of the FY 2020-2021 Capital Improvement Program (CIP). As part of the City's FY 2023-2024 CIP, funds were allocated in the Parks Capital Improvement Program budget to complete the Cuernavaca field project. The project includes the renovation of the field to synthetic turf, irrigation and drainage upgrades, compliance with ADA, fencing, backstops, dugouts, and hardscape improvements. The field will be lined for baseball, softball, and soccer. If spacing permits, lines for lacrosse will be added. FISCAL IMPACT There are adequate funds available in the Parks Capital Improvement Program Budget to cover the design services contract. Exhibits: 1 Agreement with Verde Designs, Inc. August 21, 2023 • Resolution • Professional Services Agreement RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES WITH VERDE DESIGNS, INC. FOR PROFESSIONAL DESIGN SERVICES FOR SYNTHETIC TURF FIELD RENOVATIONS AT CUERNAVACA PARK PROJECT IN THE AMOUNT OF $120,000 WHEREAS, the City is in the process of completing the construction documents for the field renovations and upgrades at the Cuernavaca Park athletic field; and WHEREAS, Verde Designs, Inc. has completed the schematic and 60% documents for the project; and WHEREAS, the City Council approved funds in the FY 2023-24 Capital Improvement Project for the project. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME RESOLVES AND ORDERS AS FOLLOWS: 1. The City Council approves the agreement with Verde Designs, Inc. to complete the construction documents and perform bidding and construction management services at a cost not to exceed $120,000. 2. The City Manager is authorized to execute the agreement in the form attached hereto and any necessary documents to undertake the above said work. 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 21 st day of August, 2023 and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Meaghan Hassel -Shearer, City Clerk AGREEMENT FOR PROFESSIONAL DESIGN SERVICES WITH VERDE DESIGN, INC. FIELD REVOCATIONS AT CUERNAVACA PARK THIS AGREEMENT is made and entered into in the City of Burlingam, County of San Mateo, State of California, by and between the City of Burlingame, a municipal corporation [hereinafter City], and Verde Design, Inc. engaged in providing Professional Design Services herein called the "Consultant", as of the day of August of 2023. RECITALS A. The City is requesting design services for renovations at Cuernavaca Park. B. The City desires to engage a professional consultant to provide design services because of Consultant's experience and qualifications to perform the desired work, described in Exhibit A. C. The Consultant represents and affirms that it is qualified and willing to perform the desired work pursuant to this Agreement. AGREEMENTS NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Scope of Services. The Consultant shall provide professional design services renovate the field, perform irrigation upgrades andother relevant items related to the renovations. Renovations include rough and fine grade, new synthetic turf outfield, all new irrigation, drainage, fencing and hardscape work along the backstops, dugouts and adjusting infield fines and edges and add more fines. 2. Time of Performance. The services of the Consultant are to commence upon the execution of this Agreement until December 31, 2024. 3. Compliance with Laws. The Consultant shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws. Consultant represents and warrants to City that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice its profession. Consultant represents and warrants to City Page 1 of 8 that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to practice its profession. Consultant shall maintain a City of Burlingame business license. 4. Nonexclusivity. Nothing contained in this Agreement shall be construed or interpreted as giving the Consultant any exclusive right or priority to provide any or all of the services described in this Agreement, and the City shall remain free to use its own forcesor any other person to provide some of all of those services as the City may in its sole discretion determine best meets the City's needs and wishes. 5. Sole Responsibility. Consultant shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement. 6. Information/Report Handling. All documents furnished to Consultant by the City and all reports and supportive data prepared by the Consultant under this Agreement are the City's property and shall be delivered to the City upon the completion of Consultant's services or at the City's written request. All reports, information, data, and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential until released by the City to the public, and the Consultant shall not make any of these documents or information available to any individual or organization not employed by the Consultant or the City without the written consent of the City before such release. The City acknowledges that the reports to be prepared by the Consultant pursuant to this Agreement are for the purpose of evaluating a defined project, and City's use of the information contained in the reports prepared by the Consultant in connection with other projects shall be solely at City's risk, unless Consultant expressly consents to such use in writing. City further agrees that it will not appropriate any methodology or technique of Consultant which is and has been confirmed in writing by Consultant to be a trade secret of Consultant. 7. Cost of Services and Materials. Pricing for those services shall be in conformance with the price listing in [Exhibit A] attached hereto, including base work up to $103,630 and approved additional as needed, not to exceed $16,370, for a total of $120,000. Billing shall include current period and cumulative expenditures to date and shall be accompanied by a detailed explanation of the work performed by whom at what rate and on what date. Also, plans, specifications, documents or Page 2 of 8 other pertinent materials shall be submitted for City review, even if only in partial or draft form. 8. Availability of Records. Consultant shall maintain the records supporting this billing for not less than three (3) years following completion of the work under this Agreement. Consultant shall make these records available to authorized personnel of the City at the Consultant's offices during business hours upon written request of the City. 9. Project Manager. The Project Manager for the Consultant for the work under this Agreement shall be Derek McKee, RLA - Principal. 10. Assignability and Subcontracting. The services to be performed under this Agreement are unique and personal to the Consultant. No portion of these services shall be assigned or subcontracted without the written consent of the City. 11. Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to: To City: Richard Holtz, Parks Superintendent / City Arborist Parks and Recreation Department City of Burlingame 850 Burlingame Ave Burlingame, CA 94010 To Consultant: Derek McKee, RLA - Principal Verde Design, Inc. 2455 The Alameda, Suite 200 Santa Clara, CA 95050 Ph. 408-850-3410 E-mail: derek@verdedesigninc.com or personally delivered to Consultant to such address or such other address as Consultant designates in writing to City. 12. Independent Contractor. It is understood that the Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent consultant and not an agent or employee of the City. As an independent consultant he/she shall not obtain any rights to retirement benefits or Page 3 of 8 other benefits which accrue to City employee(s). With prior written consent, the Consultant may perform some obligations under this Agreement by subcontracting, but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement. 13. Conflict of Interest. Consultant understands that its professional responsibilities is solely to the City. The Consultant has and shall not obtain any holding or interest within the City of Burlingame. Consultant has no business holdings or agreements with any individual member of the Staff or management of the City or its representatives nor shall it enter into any such holdings or agreements. In addition, Consultant warrants that it does not presently and shall not acquire any direct or indirect interest adverse to those of the City in the subject of this Agreement, and it shall immediately disassociate itself from such an interest should it discover it has done so and shall, at the City's sole discretion, divest itself of such interest. Consultant shall not knowingly and shall take reasonable steps to ensure that it does not employ a person having such an interest in this performance of this Agreement. If after employment of a person, Consultant discovers it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement, Consultant shall promptly notify City of this employment relationship, and shall, at the City's sole discretion, sever any such employment relationship. 14. Equal Employment Opportunity. Consultant warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Neither Consultant nor its subcontractors do and neither shall discriminate against persons employed or seeking employment with them on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment & Housing Act. 15. Insurance. A. Minimum Scope of Insurance: Consultant agrees to have and maintain, for the duration of the contract, General Liability insurance policies insuring him/her and his/her firm to an amount not less than: One million dollars ($1,000,000) combined single limit per occurrence and two million Page 4 of 8 dollars ($2,000,000) aggregate for bodily injury, personal injury and property damage in a form at least as broad as ISO Occurrence Form CG 0001. ii. Consultant agrees to have and maintain for the duration of the contract, an Automobile Liability insurance policy ensuring him/her and his/her staff to an amount not less than one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage. iii. Consultant agrees to have and maintain, for the duration of the contract, professional liability insurance in amounts not less than two million dollars ($2,000,000) each claim/aggregate sufficient to insure Consultant for professional errors or omissions in the performance of the particular scope of work under this agreement. iv. Any deductibles or self -insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. B. General and Automobile Liability Policies: The City, its officers, officials, employees and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of Consultant, premises owned or used by the Consultant. The endorsement providing this additional insured coverage shall be equal to or broader than ISO Form CG 20 10 11 85 and must cover joint negligence, completed operations, and the acts of subcontractors. This requirement does not apply to the professional liability insurance required for professional errors and omissions. ii. The Consultant's insurance coverage shall be endorsed to be primary insurance as respects the City, its officers, officials, Page 5 of 8 employees and volunteers. Any insurance or self -insurances maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. iv. The Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability. C. In addition to these policies, Consultant shall have and maintain Workers' Compensation insurance as required by California law. Further, Consultant shall ensure that all subcontractors employed by Consultant provide the required Workers' Compensation insurance for their respective employees. D. All Coverages: Each insurance policy required in this item shall be endorsed to state that coverage shall not be canceled except after thirty (30) days' prior written notice by mail, has been given to the City (10 days for non- payment of premium). Current certification of such insurance shall be kept on file at all times during the term of this agreement with the City Clerk. E. Acceptability of Insurers: Insurance is to be placed with insurers with a Best's rating of no less than A-:VII and authorized to do business in the State of California. F. Verification of Coverage: Upon execution of this Agreement, Contractor shall furnish the City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms approved by the City. All certificates and endorsements are to be received and approved by the City before any work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. Page 6 of 8 16. Indemnification. To the fullest extent permitted by law, Consultant shall save, keep and hold harmless indemnify and defend the City, its officers, employees, authorized agents and volunteers from all damages, liabilities, penalties, costs, or expenses in law or equity, including but not limited to attorneys' fees, that may at any time arise, result from, relate to, or be set up because of damages to property or personal injury received by reason of, or in the course of performing work which arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, or any of the Consultant's officers, employees, or agents or any subconsultant. This provision shall not apply if the damage or injury is caused by the sole negligence, active negligence, or willful misconduct of the City, its officers, agents, employees, or volunteers. 17. Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder, nor does waiver of a breach or default under this Agreement constitute a continuing waiver of a subsequent breach of the same or any other provision of this Agreement. 18, Governing Law. This Agreement, regardless of where executed, shall be governed by and construed under the laws of the State of California. Venue for any action regarding this Agreement shall be in the Superior Court of the County of San Mateo. 19. Termination of Agreement. The City and the Consultant shall have the right to terminate this agreement with or without cause by giving not less than fifteen (15) days written notice of termination. In the event of termination, the Consultant shall deliver to the City all plans, files, documents, reports, performed to date by the Consultant. In the event of such termination, City shall pay Consultant an amount that bears the same ratio to the maximum contract price as the work delivered to the City bears to completed services contemplated under this Agreement, unless such termination is made for cause, in which event, compensation, if any, shall be adjusted in light of the particular facts and circumstances involved in such termination. 20. Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the City and the Consultant. Page 7 of 8 21. Entire Agreement. This Agreement constitutes the complete and exclusive statement of the Agreement between the City and Consultant. No terms, conditions, understandings or agreements purporting to modify or vary this Agreement, unless hereafter made in writing and signed by the party to be bound, shall be binding on either party. IN WITNESS WHEREOF, the City and Consultant have executed this Agreement as of the date of City of Burlingame By Lisa K. Goldman, City Manager Approved as to form. - Michael Guina, City Attorney ATTEST: Meaghan Hassel -Shearer, City Clerk "Consultant" Verde Design, Inc. Print Name: Title: Page 8 of 8 Exhibit A til July 28, 2023 VERDE DESIGN Margaret Glomstad, Parks and Recreation Director 2455 The Alameda, Suite 200 City of Burlingame Santa Clare, CA 950SO 850 Burlingame Avenue t 408.985.7200 f 408.985.7260 Burlingame, CA 9A010 www.verdedesigninc.com SUBJECT: Field Renovations at Cuernavaca Park Verde Design Proposal No. 18018001686M Dear Margaret: In response to your request, Verde Design, Inc. is pleased to submit the following proposal to provide the identified design services for the above -mentioned project. This proposal shall remain valid for a period of sixty (60) days. PROJECT UNDERSTANDING/HISTORY City of Burlingame (City) is requesting is requesting a proposal for design services for renovations at Cuernavaca Park. Services will provide a design process to renovate the field, perform irrigation upgrades and other relevant items related to the renovations. Renovations include rough and fine grade, new synthetic turf outfield, all new irrigation, drainage, fencing and hardscape work along the backstops, dugouts and adjusting infield fines and edges and add more fines. For the field striping we have included baseball, softball and some soccer fields. City has requested to see lacrosse could fit. We do not believe a full size field will fit but possibly a half size field that could be used for practice. Field striping concept will be set up and shared with staff for input. Previously, we set up two sets of plans with one for a natural grass field and another for synthetic turf. The City has funded the project for the synthetic turf renovation. Verde Design developed options for renovations at this park to a 95% level with both sets of field options. We propose to update the plan set to remove the natural turf plans and details and resubmit. This revised 95% submittal can be used for the building department and other City staff reviews. Following the approval of the 95% submittal, we will proceed with a bid submittal construction documents. Bid and construction support services are included. Verde Design will utilize the previously prepared site survey. For the subconsultant team included: • AKH Engineers for structural design. • Geo Engineering Solutions are included to provide a subgrade stabilization analysis. They will use hand augers to collect three borings to a five foot depth. • ACEE, our electrical engineer, are included to renovate the existing electrical box on the I5t base foul line, coordinate with PG&E and add outlets to the backstop for pitching machines. We had looked at the option to relocate the meter outside of the field but it will remain within the field and be fenced off for safety of players. A SWPPP permit is included as we will be re -grading the fields, which spans over an acre. Services will be provided for the QSD and the contractor or other entity will provide the QSP or inspection services and annual reporting. Any stormwater quality measures and plan development are excluded since the surfacing is pervious. The parking lot and access from the ADA parking spot is not compliant to the backstop. We are not upgrading this paving but the paving and field access will be compliant within our scope of work area. LANDSCAPE ARCHITECTURE • CIVIL ENGINEERING • SPORT PLANNING & DESIGN Burlingame Cuernavaca Park's Field Renovations July 28, 2023 Page 2 Plans will be developed as one increment and as a single bid package. Cost estimates will be developed for each submittal. A technical specification book will be created. Improvement needs will be limited to the immediate project area. Our timeline is proposed below. SCOPE OF SERVICES Verde Design proposes to provide the following services based on the above -stated project understanding. Construction Document Phase - The following outlines work to be completed to prepare plans and specifications for construction. I. 95% Submittal Package a. Update the plans, specifications and estimate (PS&E) package. i. Cover sheet ii. Erosion plan iii. Existing condition iv. Grading plan v. Drainage plan vi. Layout, material and detail reference plan vii. Irrigation plan viii. Detail sheets b. The technical specifications show representative specifications for the project. Specifications will be provided in six -digit CSI format. c. The submittal book supplements the plans and specifications showing: i. Progress report ii. Statement of probable construction costs d. Redline and review internal Quality Control (QC). e. Submittal preparation and coordination of plans, specifications and estimates (PS&E) will be provided for review. f. Two review meetings with City staff to review submittal and receive comments. g. Geotech subgrade stabilization analysis and recommenations. h. Setup the SWPPP NOI with the RWQCP and coordinate with the City. i. Building department submittal and comment coordination if required. II. 100% Submittal a. Update the plans, specifications and estimate (PS&E) package. b. Redline and review internal Quality Control (QC). c. Submittal preparation and coordination of plans, specifications and estimate (PS&E) will be provided for review. Bid and Construction Support The consultant agrees to provide the following services to the City on an on -call basis following submittal of the bid submittal. LANDSCAPE ARCHITECTURE • CIVIL ENGINEERING 9 SPORT PLANNING & DESIGN Burlingame Cuernavaca Park's Field Renovations July 28, 2023 Page 3 A. Answer questions during bidding. B. Assist in preparing addenda C. Assist in bid evaluation. D. Respond to questions, request for information and provide clarifications. E. Review submittals and shop drawings. F. 8 site observation visits are included. Visits will include site demolition, grading, and turf placement improvements review at specific stages of construction. Site observation reports will be provided. G. 12 construction meetings are included and assume they will be web meetings. H. Review price requests and change orders. I. Provide a punch list of the constructed improvements. Punch list will be completed when the project is complete. J. Review contractor as -built plans and submit review to the City. As we provide RFI or field directive responses, we update our cad files during construction. PRODUCTS Verde Design will provide the following products as outlined in the above Scope of Services: 1. 95% submittal — Two hardcopy and PDF set of plans, costs and specifications for City reproduction and review. 2. 100% submittal — One set of stamped hardcopy and digital files of plans, specifications and cost estimates. PROJECT TIMELINE Verde Design proposes the following general timeline: Construction Documentation: 95% Submittal: 3 Weeks 100% Submittal: 2 Weeks Note: The above timeline does not include any required review time by City staff. CLIENT'S RESPONSIBILITIES To complete the items described in Scope of Services, we respectfully request that the City provides the following information: 1. All available as -built construction, utility or record drawings of the project areas. 2. Program use criteria by the user groups. 3. Any specific owner requests regarding design and maintenance or City standards 4. Testing and inspection during construction. SPECIAL PROVISIONS A. Without attempting to be all-inclusive and for purposes of clarity, the following items are specifically not included in the Scope of Services: 1. Meetings other than those listed. LANDSCAPE ARCHITECTURE e CIVIL ENGINEERING 9 SPORT PLANNING & DESIGN Burlingame Cuernavaca Park's Field Renovations July 28, 2023 Page 4 Renderings and presentations to public bodies other than those listed. Architectural and mechanical engineering services. 4. CEQA documents. SWPP services for inspection (QSP) during construction. 6. Site survey and property lines or easements. 7. Underground utility surveys. Utility runs off -site. Permit fees associated with the project. 10. Inspection and testing required during construction. 11. Design for areas not identified in the project understanding. 12. 3D graphics. 13. Access plans. 14. Booster pump or lift station design. 15. Storm water management calculations and engineering B. This fee will be valid for a period of sixty (60) days, should the City choose to extend or add to the contract, the unbilled portion of this agreement will be subject to an increase in January 2024 to cover annual wage adjustments for office personnel. C. Services will be diligently pursued and every reasonable effort will be made to meet the mutually agreed upon schedule. If the completion of the services is delayed at any time in the progress of the work undertaken in this Agreement by conditions beyond the control of the Consultant; including but not limited to: strikes, lockouts, labor disputes, or the inability of the City, its consultants, utility companies, or jurisdictional agencies to provide required information, processing or direction; the time of completion shall be extended during such period and Consultant shall be held harmless from any and all claims arising out of such delay. PROFESSIONAL COMPENSATION For the scope of services and products identified in this proposal, Verde Design respectfully requests the following fixed fee including for these services. Optional service would be provided on a time and materials fee to a not -to - exceed value. ■ 95% and Bid Submittals ■ Bid and Construction Support Total $49,275 $54,335 $103,630 Additional services will be charged on a time and material basis. Charges for additional services will be billed separately. CHANGE IN SERVICES The City may order changes in scope or character of service, either decreasing or increasing the amount of Consultant's services. If such changes are ordered, Consultant is entitled to full compensation for all services performed and expenses incurred prior to receipt of notice of change. LANDSCAPE ARCHITECTURE • CIVIL ENGINEERING • SPORT PLANNING & DESIGN Burlingame Cuernavaca Park's Field Renovations July 28, 2023 Page 5 TERMINATION OF AGREEMENT If the project is terminated or indefinitely suspended in the manner herein provided, Verde Design shall turn over copies of all documents completed to that date. Verde Design shall be entitled to compensation up to and including said termination date. Original work shall remain the property of Verde Design. Margaret - Thank you again for the opportunity to work with your Burlingame community. Respectfully Submitted, Verde Design, Inc. Derek McKee, RLA Principal Enclosure: 2023 Charge Rate Schedule LANDSCAPE ARCHITECTURE • CIVIL ENGINEERING • SPORT PLANNING & DESIGN Burlingame Cuernavaca Park's Field Renovations July 28, 2023 Page 6 Verde Design, Inc. Charge Rate Schedule Effective until December 31, 2023 The following chart outlines the current charge rate for professional and office costs. Reimbursable rates and expenses are shown at the bottom. Project Rates Principal $265.00 per hour Project Manager/Construction Manager Level Four $250.00 per hour Level Three $230.00 per hour Level Two $185.00 per hour Level One $170.00 per hour Project Engineer Level II $190.00 per hour Level I $175.00 per hour IT Manager $1 85.00 per hour CAD Manager $180.00 per hour Project Designer $165.00 per hour Job Captain/Staff Engineer/Construction Administrator $155.00 per hour Draftsperson Level II $150.00 per hour Draftsperson Level 1 $145.00 per hour Project Administrator $90.00 per hour Intern $80.00 per hour Reimbursable Rates Blueprints, Printing and Reproductions Cost plus 10% Sub Consultant Services Cost plus 10% Reimbursable Expenses Blueprints and Reproductions Travel Expenses Photography Parking and Toll Expenses Models and Renderings Permit Fees Postage/Overnight Mail Service Courier Delivery Service LANDSCAPE ARCHITECTURE • CIVIL ENGINEERING 9 SPORT PLANNING & DESIGN �C7 AGENDA ITEM NO: 10e BiFRLINGAME STAFF REPORT MEETING DATE: August 21, 2023 To: Honorable Mayor and City Council Date: August 21, 2023 From: Brad McCulley, City Librarian — (650) 558-7401 Subject Adoption of a Resolution Approving Expenditure of $272,127 of Duncan Trust Funds for the Replacement of the Library's Automated Materials Handling System (AMHS) RECOMMENDATION Staff recommends that the City Council adopt the attached resolution approving the expenditure of Duncan Trust funds held in trust by the Library Board of Trustees for the replacement purchase of the Automated Materials Handling System (AMHS) in the amount of $272,127. BACKGROUND The Library's first ever AMHS was implemented during the renovation process in 2015 and will complete its end -of -life usefulness soon. The Library Board of Trustees, as the fiduciaries of the Duncan Trust willed to the Burlingame Library by the Duncan family estate, will provide the funding necessary to replace this critical machinery. DISCUSSION Peninsula Library System/Public Library Automated Network (PLS/PLAN) will negotiate and sign the contract on the Burlingame Library's behalf. Currently, there are two vendor choices: Bibliotheca (formerly 3M) and Lyngsoe. Through PLS/PLAN, Burlingame has contracted with Bibliotheca (3M) for the past eight years. In evaluating Lyngsoe, staff considered a variety of factors including cost, noise level, sorting systems, and customer support. Based on vendor presentations and recommendations from local libraries currently under contract with Lyngsoe, Burlingame staff found Lyngsoe will provide a less costly and better designed product along with better customer service. At their June 2023 meeting, the Library Board Trustees unanimously passed a motion recommending the City Council provide funding from the Duncan Trust for the purchase of a new AMHS system in the amount of $272,127. 1 Approval of Duncan Trust Funds for the Burlingame Public Library AMHS Replacement Aug 21, 2023 FISCAL IMPACT The cost of the replacement will be $272,127 and will not impact the City's General Fund. The Library Board of Trustees has voluntarily taken responsibility for funding the AMHS replacement using Duncan Trust funds held at the Silicon Valley Community Foundation. Exhibits: • Resolution • Contract 2 RESOLUTION NO. ADOPTION OF A RESOLUTION APPROVING EXPENDITURE OF $272,127 OF DUNCAN TRUST FUNDS FOR THE REPLACEMENT OF THE LIBRARY'S AUTOMATED MATERIALS HANDLING SYSTEM (AMHS) WHEREAS, the current AMHS will reach its end -of -life usefulness soon and must be replaced; and WHEREAS, in evaluating Lyngsoe, staff considered a variety of factors including cost, noise level, sorting systems, and customer support and found Lyngsoe will provide a better product at a less expensive price; and WHEREAS, at their June meeting, the Library Board of Trustees unanimously passed a motion to provide funding from the Duncan Trust for the purchase of a new AMHS system in the amount of $272,127. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME RESOLVES AS FOLLOWS: 1. The City Council hereby approves the expenditure of $272,127 of Duncan Trust funds for the purchase of the AMHS at the Main Library. Michael Brownrigg, Mayor I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 21st day of August, 2023, and was adopted thereafter by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: Meaghan Hassel -Shearer, City Clerk ■ ■ Lyngsoe ■ ■ Systems elevating logistics June 14, 2023 Burlingame Public Library & Peninsula Library System Team, Thank you for your interest in Lyngsoe's automated material handling offerings! After discussions with library staff, a detailed site survey and years of familiarity with Peninsula Library System locations and workflows — we have formulated the following proposal which will address your pain points and provide the highest quality sorting machine on the market. The Lyngsoe Engineering team has designed a faceplate as similar size as possible to your existing in order to mitigate construction costs. However, there still will need to be a small modification to the wall penetrations. You will notice there are two design options shown below — they show two different locations for your future staff induction. Please note that option one is more expensive because there's an additional sorter module. There will still be a liftgate in If you have any questions or comments, please do not hesitate to reach out to your account manager. Warmest Regards, *KeC'hilc4ot Account Manager 805.338.6038 Neil Gillott Director of Engineering 240.674.8441 Fax- 301.360.0911 Lyngsoe Systems Inc. 1664 Bowmans Farm Road Suite 109 Frederick, MD 21701 www.lyngsoesystems.com/library Cory McCoy President 240.674.8443 Lyngsoe Systems Inc. Tel. +1 646.693.8850 1664 Bowmans Farm Road, Suite 109 info@lyngsoesystems.com Frederick, MD 21701, USA www.lyngsoesystems.com ■ ■ Lyngsoe ■ ■ Systems elevating logistics SYSTEM DESCRIPTION This proposal for Lyngsoe Systems' Automated Material Handling Equipment is designed to automate the sorting of library items and eliminate manual tasks in the circulation room, providing library patrons a higher level of service. Patrons will approach the Library MateTm and insert items. Items are received one at a time from the Library Mate TM then transported to the Lyngsoe Sort Mate TM. These items are automatically inducted onto the sorter. Once inducted, the items will then be sorted and discharged directly to one of the following destinations: 1. Sort Trolley Chutes (all configurable by library staff) a. Return to shelf i. Sort by SIP2 fields (location code, item types, call number, etc.). b. Holds c. Transfer items to branches 2. Overflow destination The Sort MateTI is configurable and easily expandable. If you would decide to add additional sort points in the future, a new Sort MateT"' module could be added and running within a few hours —easily completed during off -hours with no impact to patrons and minimal to staff. The throughput for each system is 2,500 items per hour. However, this is regulated by the capacity of the Library MatesTm and Ergo StaffTM Inductions configured on the system. For example, one Library MateTm has an average throughput of 900 items per hour and the Ergo StaffTm has an average throughput of 1,100 items per hour thus resulting in an average throughput of 2,000 items per hour. This can be increased with the addition of induction points. Lyngsoe Systems has optimized the system controls so that items never stop on the sorter while other items are diverting. This allows for continuous flow from the Library Mate sTM, higher throughputs, and longer life expectancy from your sorter drive components. Included in this proposal is the pricing for one Sort Trolley per sort point plus one Sort Trolley for the exceptions bin. Unit pricing for the Sort Trolley is also included for future consideration. These trolleys are extremely durable and wheel easily over most surfaces. One auto -level trolley holds 12.4 ft3 with a capacity of 250 mixed library items (or 500 CD's or DVD's). They are a great addition to your work room. The Ergo TrolleyTM features an auto -leveling floor, with a cushioned base; it assures gentle handling of library items. The auto -leveling feature is spring activated, so there is NO expensive and time- consuming maintenance required for batteries, chargers, lifting mechanisms, etc. June 14, 2023 185.709.000 Page 2 of 38 Project B26210-000 Burlingame Public Library Main Branch "Use or disclosure of proposal data is subject to the restriction(s) on the confidentiality page of this proposal." ■ ■ Lyngsoe ■ ■ Systems elevating logistics Chutes are controlled by full tote sensors. If a chute is full, the chute will be blocked and there will be a full chute indicator activated at the location. When the location is cleared, the system will begin sorting to that location automatically. Finish Lyngsoe uses a high durability paint finish for all major components. The standard color is black RAL9005 with green RAL6025 highlights (Custom RAL colors can be supplied for an additional cost). Voltage Standard voltage is 120VAC, single phase. Host Interface Software All Library MatesT`" include support for implementation of a SIP2 interface with the host ILS system. This interface allows for custom sort configurations and can collect statistics for items that are return - to -shelf, holds, transits, and transit holds. Statistics are also available for numbers of sorts per hour. Emergency Control Devices One (1) emergency stop buttons are included per system. Warranty A one-year parts warranty is included on all equipment. Further Service Agreements can be supplied and quoted upon request. System issues deemed not mechanical or software related (i.e.: vandalism, damage due to neglect, or unauthorized modifications) will be subject to a service charge TBD. June 14, 2023 185.709.000 Page 3 of 38 Project B26210-000 Burlingame Public Library Main Branch "Use or disclosure of proposal data is subject to the restriction(s) on the confidentiality page of this proposal." ■ ■ Lyngsoe ■ ■ Systems eievaring iogisrics EQUIPMENT DESCRIPTION OF THE LIBRARY MATE TM 1200 SELF CHECK -IN (INTERNAL UNIT) The Library Mate" 1200 is the tried-and-true offering from the Lyngsoe Library MateT" product line. This unit is wall mounted and has a very small form factor for use in high traffic areas The Library Mate TM 1200 self -return -machine was designed specifically for the library market to be the centerpiece of your self-service initiative. Check -ins using the LM1200 provide secure transactions, assuring that the item presented to the RFID or reader optional barcode scanner, is the item that is being returned. The patron simply places the material to be returned on the belt, and the LM1200 completes the transaction. Utilizing sensors along the inside of the LM1200, the item is tracked and scanned on the inside of the tunnel. When the check in is complete, it is transferred to the Sort MateTM 2000 module for sorting. With the capacity to handle over 1100 items per hour, library users no longer have to wait in long lines to return items. The feed opening will accommodate up to 99% of all library materials. Benefits of the Library MateT`" 1200: ■ Touchscreen for language selection or receipt options ■ Sturdy shelf for patron use ■ Height of shelf and opening can be configured to different set heights to accommodate all patrons or varying backroom elevations ■ Patron receipt printer Figure 1- Library Mate TM 1200 Page 4 of 38 June 14, 2023 Project B26210-000 185.709.000 Burlingame Public Library Main Branch "Use or disclosure of proposal data is subject to the restriction(s) on the confidentiality page of this proposal." ■ ■ Lyngsoe ■ ■ Systems eievaring iogisrics LIBRARY MATETm FUNCTIONAL DESCRIPTION The machine function is as follows: ■ The default language in the initial screen picture is English, but as a standard three other languages are available and can be retrieved via the screen. If no alternative language is retrieved, the dialogue will continue in English. ■ The user inserts the items one by one by pushing them into the machine. When the Library MateTm detects a new item in the opening, the machine starts the conveyor belt automatically. Figure 2- Patron Instruction Screen ■ While the item passes through the machine, the item ID is read from the barcode or RFID tag, the item is checked in with the ILS and the material protection (EM optional) is activated before the item is sent to the sorter. ■ If an item is not detected in the tunnel, the Library Mate TM can be configured to reject the item and return it to the patron. Page 5 of 38 June 14, 2023 Project B26210-000 185.709.000 Burlingame Public Library Main Branch "Use or disclosure of proposal data is subject to the restriction(s) on the confidentiality page of this proposal." June 14, 2023 185.709.000 ■ ■ Lyngsoe ■ ■ Systems elevating logistics Figure 3- Check -in Confirmation Screen ■ Once the machine is ready for the next item, the light in the opening changes from red to green. ■ The above procedure must be repeated until all items have been returned. ■ When all items have been returned, the user finishes the procedure by pressing "End" on the screen. Subsequently a receipt is printed. The screen displays an animation of the receipt printing. If the user does not press "End" within a defined period, the receipt is printed automatically so that the machine can get ready for the next user. ■ Receipts may also be sent to the patron via email or text(optional) Page 6 of 38 Project B26210-000 Burlingame Public Library Main Branch "Use or disclosure of proposal data is subject to the restriction(s) on the confidentiality page of this proposal." Figure 4- Patron Instruction Screen Off Line mode ■ ■ Lyngsoe ■ ■ Systems elevating logistics If the connection between machine and library network is down, the machine continues in off line mode and prints an off-line receipt stating the material IDs for the user. Information about the returned materials is stored in the machine control and transmitted to the library database as soon as the connection to the library network has been re-established. Page 7 of 38 June 14, 2023 Project B26210-000 185.709.000 Burlingame Public Library Main Branch "Use or disclosure of proposal data is subject to the restriction(s) on the confidentiality page of this proposal." ■ ■ Lyngsoe ■ ■ Systems elevating logistics Lyngsoe Sort Controller (LSC) The LSC (Lyngsoe Sorter Controller") is a user-friendly software that allows library staff to monitor and customize their Lyngsoe Automated Materials Handling Sorter. LSC provides granular data in an easily digestible format via graphs and tables that are also easily exported to Excel, CSV or PDF. Optimizing workflows becomes easier with more data. LSC also has several search functions to see every item that has been sorted when it was sorted and the logic behind why it was sorted to a chute. Web -based, multi -device monitoring and control The Lyngsoe Sorter Controller TM is a web -based management and operation software for controlling Lyngsoe Sort MateTm 2000 sorters. The single interface allows for central monitoring, remote sorter control, and instant updates from any linked device. Figure 5- LSC device availability Simple to program Establish sort rules based on standard SIP2 response from the ILS/LMS. The Lyngsoe Sorter Controller TM operates on logical arguments to direct materials to the intended destination — set the priority quickly and easily with up/down arrows. June 14, 2023 185.709.000 Page 8 of 38 Project B26210-000 Burlingame Public Library Main Branch "Use or disclosure of proposal data is subject to the restriction(s) on the confidentiality page of this proposal." ■ ■ Lyngsoe ■ ■ Systems elevating logistics Dashboard 5CConfiguration 4Supervision ------------------------------------------------------------------------------------------------------------------ + Add Rule ----------------------------- ii Chute 1 CL EQUALS 1 1 ErgoCa rt H CH4 CD1 CL EQUALS _ +4 C+1 Q 9 Master Figure 6- Sort Rule Configuration Program each rule according to the type of receptacle, whether an Ergo Cart", Ergo TrolleyTM, a library - specific tote, or other custom solution. Set up with Waterfall or Round Robin sort modes to maximize efficiency. Name New Logical Destination A Strategy WATERFALL Type NORMAL Chutes CH2 ErgoBin Chute 1 - ErgoCart CH4 CD1 Master Chute 6 - Ergo Box NY Figure 7- Destination Configuration Simpler to use Keep separate sort tables for weekends and holidays — switch the active table with one click of the cb symbol. Page 9 of 38 June 14, 2023 Project B26210-000 185.709.000 Burlingame Public Library Main Branch "Use or disclosure of proposal data is subject to the restriction(s) on the confidentiality page of this proposal." ■ ■ Lyngsoe ■ ■ Systems elevating logistics rDall!ly - Normal sarong Weekend - Round Robin (Excl DUNE,; (5 C/ � Figure 8- Sort Table Configuration Use the Material Event Search to find an item as soon as it is scanned. Find which destination it was sorted to, locate Patron Holds more quickly, and fine tune the sort table specifications. Title 1 Identifier Search Figure 9- Item search Continuous Operation Set up real time alerts for full bins and unread items — staff can respond immediately and keep books sorting without pause. The Lyngsoe Sorter ControllerT°" allows staff to set the number of items allowed in a container and the fill level at which alerts are sent out. These alerts can pop up in the Controller User Interface or be sent as emails to the emails of sort room staff. v Nearly full warning Sort table Weekend - RoundRobin (Excl DUMP) o CH2 ErgoBin i All Containers Ergo-Frolley(200) 75% 0 CH4 CD1 Master I All CD Container (50) 75% 0 Containers Figure 10- Nearly Full configuration library -platform -test lyngsoesystems.com Chute 3 - Plaskkasse is full 1120 Chute 3 - Plastkasse is full <end> Figure 11- Email notification Page 10 of 38 June 14, 2023 Project B26210-000 185.709.000 Burlingame Public Library Main Branch "Use or disclosure of proposal data is subject to the restriction(s) on the confidentiality page of this proposal." ■ ■ Lyngsoe ■ ■ Systems elevating logistics DESCRIPTION OF THE LYNGSOE SYSTEMS ERGO STAFF TM 1200 STAFF INDUCTION The Lyngsoe Systems Ergo StaffTM automates and optimizes material processing for library staff. The Ergo Staff" quickly becomes the workhorse of your circulation room by rapidly and efficiently checking in branch transfers, new material, and any items that need to be sorted and returned to shelf. With the capacity of up to 2000+ items per hour; library staff will not have to perform time-consuming and repetitive check -in processes; library materials will be on the shelf quicker and back into the hands of your patrons. Your library staff will interface with the Ergo StaffTM induction via a user-friendly touch screen with a graphical interface. RFID tags or optional barcodes are read quickly and communicated with your Integrated Library System, RFID security is enabled, backdating and hold slip printing can all happen automatically, and check -in statistics can be monitored remotely. The Ergo StaffTM work surface is height adjustable between 32" and 38", ensuring an ergonomic work environment standing or sitting. Figure 12- Ergo StaffTM 1200 Staff Induction Page 11 of 38 June 14, 2023 Project B26210-000 185.709.000 Burlingame Public Library Main Branch "Use or disclosure of proposal data is subject to the restriction(s) on the confidentiality page of this proposal." ERGO STAFFTm FUNCTIONAL DESCRIPTION The machine function is as follows: June 14, 2023 185.709.000 ■ ■ Lyngsoe ■ ■ Systems elevating logistics ■ The default language in the staff screen is English, but other languages are available and can be retrieved via the configuration menu. ■ The staff member initiates use of the machine by either pressing the start button on the conveyor, or the start button on the touchscreen ■ The staff member places an item on the belt. Once the RFID tag is read, or the optional barcode is read, the belt will automatically induct the item onto the Sort Mate TM for sorting. Figure 13- Staff Induction Screen The item ID is read from the barcode or RFID tag, the item is checked in with the ILS and the material protection (EM optional) is activated before the item is sent to the sorter. Page 12 of 38 Project B26210-000 Burlingame Public Library Main Branch "Use or disclosure of proposal data is subject to the restriction(s) on the confidentiality page of this proposal." ■ ■ Lyngsoe ■ ■ Systems elevating logistics Figure 14- Check in confirmatoins ■ Once the machine is ready for the next item, the belt will stop, and the screen will display a "ready next item" message. ■ The above procedure must be repeated until all items have been processed. ■ When all items have been returned, the user finishes the procedure by pressing "Stop" on the screen. Backdating To enable backdating, simply select a date from the on -screen calendar, and all items will be processed utilizing the selected date. Off Line mode If the connection between machine and library network is down, the staff induction will be out of order until the library network is reconnected. June 14, 2023 185,709.000 Page 13 of 38 Project B26210-000 Burlingame Public Library Main Branch "Use or disclosure of proposal data is subject to the restriction(s) on the confidentiality page of this proposal." ■ ■ Lyngsoe ■ ■ Systems elevating logistics SOFTWARE ENHANCEMENTS Distribution of Floating Items In the Sort Controller- there will be new strategy added to the chute strategy. The goal of the strategy will be to distribute items which do not have holds or demands on them. If the item does not have a destination assigned, then they can be allocated to a Distribution matrix. If there are 3 destinations part of the 'distribution' ■ Chute 2 weight 4 ■ Chute 3 weight 8 ■ Chute 4 weight 1 Sum of the distribution is 13- Highest weight gets the first item, So the distribution should go by chute number; 3,2,4,3,2,3,2,3,2,3,3,3,3 Once that distribution is complete, it starts over. If the sort table is changed, distribution counts should reset June 14, 2023 185,709.000 Page 14 of 38 Project B26210-000 Burlingame Public Library Main Branch "Use or disclosure of proposal data is subject to the restriction(s) on the confidentiality page of this proposal." ■ ■ Lyngsoe ■ ■ Systems elevating logistics DESCRIPTION OF THE SORT MATETm 2000 Lyngsoe's Sort Mate" is a high-speed sorting system that is the brawn behind the Lyngsoe Systems Automated Material Handling system. This sorter has been specifically designed for libraries and is the ideal solution for sorting a vast array of library materials. Items checked in using a Library Mate TM or Ergo StaffTm are electronically tracked throughout the length of the Sort MateTm and sent to the proper discharge location. Sensors located throughout the system assure that your library material is accurately sent to the proper destination. Lyngsoe has optimized the system controls so that items never stop on the sorter while other items are diverting. This allows for continuous flow from the Library MatesT", higher throughputs, and longer life expectancy from your sorter drive components. The Sort MatesTM low profile and whisper -quiet operation will blend into your circulation room, not clutter it. The sorter features transport belts for item stability and unsurpassed durability. Seated in between the transport belts are electrically actuated pop-up rollers that divert items to sort destinations on either side. Optional discharge configurations can accommodate auto -leveling Ergo TrolleysTM, Ergo BoxTM, or inter -library bulk tote containers. June 14, 2023 185.709.000 Figure 15-Sort Mate TM internal/external 17-bin configuration Page 15 of 38 Project B26210-000 Burlingame Public Library Main Branch "Use or disclosure of proposal data is subject to the restriction(s) on the confidentiality page of this proposal." ■ ■ Lyngsoe ■ ■ Systems elevating logistics Figure 16 - 2 External / 2 Internal , staff induction, 15-bin configuration Technical Specifications —Sort Mate TM Sorting capacity: 2,500 material units per hour Material dimensions: Max: 400 x 300 x 100 mm (L x W x H) 15.8 x 11.8 x 4 inches (L x W x H) Min: 100 x "100 x 5mm (L x W x H) 2.6 x 2.6 x .1 inches (L x W x H) Max weight: 5 kg Min weight: 30 g Material types that can be handled Books, CD-ROMs, books with enclosures, talking in the machine: books, video tapes, cassette tapes. Book -like material units containing cassette tapes / CDs. Requirements for materials: The bottom side of the item must be flat. Floor level: The floor where the sorting system is installed must not vary more than +/- 5 mm. Page 16 of 38 June 14, 2023 185.709.000 Project B26210-000 Burlingame Public Library Main Branch "Use or disclosure of proposal data is subject to the restriction(s) on the confidentiality page of this proposal." ■ ■ Lyngsoe ■ ■ Systems elevating logistics Sorter Design The Sort MateT"" is a linear belt sorter consisting of a straight conveying section, on which each piece of library material is transported. The conveying section consists of 6 parallel belts conveying the material to the correct discharge. The round belts on the sorter provide reliable transport of soft materials such as newspapers, magazines, books without hard cover, etc. At each sorting system discharge, pop-up transverse rollers (diverters) are mounted which lift electrically when items pass over them. When the item is lifted, the rollers roll right or left, directing the items into the book carts placed on either side of the sorting system. W Figure 17- Sort Mate TM components Page 17 of 38 June 14, 2023 185.709.000 Project B26210-000 Burlingame Public Library Main Branch "Use or disclosure of proposal data is subject to the restriction(s) on the confidentiality page of this proposal." Figure 18- Sorting Principle Function The sorting system works as follows: ■ ■ Lyngsoe ■ ■ Systems elevating logistics • The patron inducts one item at a time into the check -in. • The material ID is read from either the barcode or RFID tag on the item being returned and is checked with the information in the ILS. • If the material is accepted by the ILS, a "location" or classification for the material is returned to the Library Mate TM • The material is automatically conveyed into the sorting system towards the correct discharge. • When the material reaches the correct discharge, it is automatically lifted by the transverse rollers, which then puts it in the correct bin at one of the sorting system sides. • The patron continues this process until all their items are returned. • Once complete, a receipt is printed (optional). Discharge of Reserved Items Normally the sorting system will include a special destination for reserved or "hold" items. If the library issues all reserved items with reservation tickets, the ticket printing can be linked to the sorting. Once the reserved item has been transferred from the Library MateT`", the sorting system informs the library system and subsequently the reservation ticket is printed. In which case, reservation ticket printing and discharge of the item reserved takes place simultaneously. June 14, 2023 185,709.000 Page 18 of 38 Project B26210-000 Burlingame Public Library Main Branch "Use or disclosure of proposal data is subject to the restriction(s) on the confidentiality page of this proposal." ■ ■ Lyngsoe ■ ■ Systems eievaring iogisrics Monitoring Remote supervision of the system via a web -based monitoring service is included. This utility allows the library staff to view the sorting system status from any PC in the library network. The following system information can be accessed via the web -interface: • Communication failure with the library ILS system • Library Mate" is stopped • Sorting system is stopped • System sort configuration parameters • Review error logs • Change other system parameters Staff Functions During the sorting system commissioning, a sorting table is configured determining where items are to be discharged. The sorting system controls can store alternative sorting tables. Training selected staff members during sorting system delivery ensures that afterwards library staff will be able to make the following adjustments on their own: June 14, 2023 185,709.000 • Backdating at the Ergo StaffTM Induction • Edit the sorting table of which locations to be sorted into which discharges • View returns and sorting statistics from the system • Choose alternative sorting tables, if an alternative or finer sorting is required • Set up special chutes • Change display text on patron screen, or receipts Page 19 of 38 Project B26210-000 Burlingame Public Library Main Branch "Use or disclosure of proposal data is subject to the restriction(s) on the confidentiality page of this proposal." ■ ■ Lyngsoe ■ ■ Systems elevating logistics DISCHARGE TYPE — SORT TROLLEY If your library sorts a large number of items without emptying the book carts, Lyngsoe offers a trolley with extra capacity and a spring -loaded auto -leveling floor. When items are sorted into the trolley, the bottom will lower incrementally. Chute full monitoring can take place by a photo cell transmitting a signal to the sorting system control when the book cart is full, and a replacement cart required. The trolley can be placed at either side of the sorting system or at the end of the Sort MateTM Figure 19-Sort Trolley Technical Specifications Small Standard Large Book cart size: 18 x 24 x 33 inches 24 x 24 x 33 inches 32 x 24 x 33 inches (LxWxH) (LxWxH) (LxWxH) 450 x 600 x 830 mm 600 x 600 x 830 mm 800 x 600 x 830 mm Book cart weight: 66.1 lbs. (30 kg) 88.2 lbs. (40 kg) 110.2 lbs. (50 kg) Maximum load: 132 lbs. (60 kg) 265 lbs. (120 kg) 396 lbs. (180 kg) Sort Trolley'"' capacity 75-125 150-250 200-350 of assorted books: Items convenient for Books, books with enclosures, talking books, video tapes, cassette tapes, Sort Trolley'"': CDs, DVDs, newspapers, magazines and other items in "soft" covers. Book - like items, e.g. items containing cassette tapes/CDs June 14, 2023 185.709.000 Page 20 of 38 Project B26210-000 Burlingame Public Library Main Branch "Use or disclosure of proposal data is subject to the restriction(s) on the confidentiality page of this proposal." COLOR GRAPHICAL SYSTEM DISPLAY : • YTe�a.N 5 fyM.w MY�Y Slom ~" W mam" Figure 20- CGS display ■ ■ Lyngsoe ■ ■ Systems r u— eievaring iogisrics For full visibility of your Sort Mate TM sorter, the Color Graphical Display is a 50" monitor mounted anywhere in the library showing the current status of each library component. As chutes fill and empty, as individual sorter modules run, or as Library MateT`" check in items, the color of the object changes color to indicate status. June 14, 2023 185.709.000 Page 21 of 38 ProjectB26210-000 Burlingame Public Library Main Branch "Use or disclosure of proposal data is subject to the restriction(s) on the confidentiality page of this proposal." DRAWINGS 4• ELEVA77ON "A -A" Option 1 ■ ■ Lyngsoe ■ ■ Systems elevating logistics Page 22 of 38 June 14, 2023 Project B26210-000 185.709.000 Burlingame Public Library Main Branch "Use or disclosure of proposal data is subject to the restriction(s) on the confidentiality page of this proposal." Option 2 ELEVA T70N 'A -A" ■ ■ Lyngsoe ■ ■ Systems elevating logistics Page 23 of 38 June 14, 2023 Project B26210-000 185.709.000 Burlingame Public Library Main Branch "Use or disclosure of proposal data is subject to the restriction(s) on the confidentiality page of this proposal." ■ ■ Lyngsoe ■ ■ Systems elevating logistics PRICING Burlingame Public Library PLS Option 1 Pricing Sortation System —Interior system- 2 patron induction, staff induction and 9 sort destinations Lyngsoe Dwg: B26210-000-1-0 Sortation System • Qty (2) LM1200 Interior Library Mate" check in station (RFID) with touchscreen interface and patron receipt printing • Qty (1) Sort Mate TM Sorter ■ (8) Sort Trolley destinations with chute full capability ■ (1) exceptions destination ■ (1) LSC Lyngsoe Sort Controller • Qty (1) Ergo StaffTm ES1200 Staff induction check in station (RFID) with touchscreen interface, height adjustable work surface, backdating • Qty (1) Conveyance • Qty (1) Liftgate conveyance • Qty (1) Emergency stops �It • Qty (1) Color Graphical Display • Installation • Commissioning • Parts Warranty (Standard 12 month)"`` • Hotline (24/7) — (Standard 12 month) • On -Site Spare Parts kit Equipment pricing $223,214 Sort Bins • Qty (9) Sort Trolleys Standard Size - 24x24x33 Sort Trolleys $10,800 Removal and Disposal of Existing Sorter $6,000 Total USD $240,014 Tax (9.63%) $23,113 Total $263,127 Shipping $9,000 Grand Total 1 $272,127 Page 24 of 38 June 14, 2023 185,709.000 Project B26210-000 Burlingame Public Library Main Branch "Use or disclosure of proposal data is subject to the restriction(s) on the confidentiality page of this proposal." ■ ■ Lyngsoe ■ ■ Systems elevating logistics Burlingame Public Library PLS Option 2 Pricing Price Sortation System —Interior system- 2 patron induction, staff induction and 9 sort destinations Lyngsoe Dwg: B26210-000-2-0 Sortation System • Qty (2) LM1200 Interior Library Mate TM check in station (RFID) with touchscreen interface and patron receipt printing • Qty (1) Sort Mate TM Sorter ■ (8) Sort Trolley destinations with chute full capability ■ (1) exceptions destination ■ (1) LSC Lyngsoe Sort Controller • Qty (1) Ergo StaffTm ES1200 Staff induction check in station (RFID) with touchscreen interface, height adjustable work surface, backdating • Qty (1) Conveyance • Qty (1) Liftgate conveyance • Qty (1) Emergency stops • Qty (1) Color Graphical Display • • Installation J. Commissioning • Parts Warranty (Standard 12 month) • Hotline (24/7) — (Standard 12 month) • On -Site Spare Parts kit Equipment pricing $213,508 Sort Bins • Qty (9) Sort Trolleys Standard Size - 24x24x33 Sort Trolleys $10,800 Removal and Disposal of Existing Sorter $6,000 Total USD $230,308 Tax (9.63%) $22,179 Total $252,487 Shipping $9,000 Grand Total $261,487 Page 25 of 38 June 14, 2023 185,709.000 Project B26210-000 Burlingame Public Library Main Branch "Use or disclosure of proposal data is subject to the restriction(s) on the confidentiality page of this proposal." ■ ■ Lyngsoe ■ ■ Systems elevating logistics SERVICE PRICING OPTION 1 First year hotline, preventative maintenance visit, and parts warranty Included in project pricing. Second year hotline, preventative maintenance visit and parts warranty under consortium discount pricing will be $14,041 On going Service pricing will increase at a rate of 3% per year. SERVICE PREPAYMENT DISCOUNTS 5% discount for prepayment through 3rd year $27,078 8% discount for prepayment through 5tn year $54,042 *sales tax not applied to service SERVICE PRICING OPTION 2 First year hotline, preventative maintenance visit, and parts warranty Included in project pricing. Second year hotline, preventative maintenance visit and parts warranty under consortium discount pricing will be $13,458 On going Service pricing will increase at a rate of 3% per year. SERVICE PREPAYMENT DISCOUNTS 5% discount for prepayment through 3rd year $25,955 8% discount for prepayment through 5t' year $51,801 *sales tax not applied to service Page 26 of 38 June 14, 2023 185.709.000 Project B26210-000 Burlingame Public Library Main Branch "Use or disclosure of proposal data is subject to the restriction(s) on the confidentiality page of this proposal." ■ ■ Lyngsoe ■ ■ Systems elevating logistics STANDARD SYSTEM OPTIONS System accessories Sort Trolley stcl • Qty (1) Sort Trolley Auto Level Trolley 24" L x 24" W x 33" H 600 x 600 x 830mm Option price $1,200 USD NOTE: Price excludes any and all required building modifications which are the responsibility of the Building Owner. Price excludes any tax, local duties, or bonds unless otherwise specified Options pricing is only valid if purchased with the main system. Page 27 of 38 June 14, 2023 Project B26210-000 185.709.000 Burlingame Public Library Main Branch "Use or disclosure of proposal data is subject to the restriction(s) on the confidentiality page of this proposal." ■ ■ Lyngsoe ■ ■ Systems PAYMENT TERMS 20% on receipt of order 35% on shipment 45% at beneficial use net 30 days Late payments subject to 1-Y2% interest charges per month. This proposal is based on Lyngsoe Systems' standard terms and conditions. Sales tax, or other state and local taxes have not been included unless specifically stated. PRELIMINARY PROJECT SCHEDULE This project schedule represents a framework schedule for each site. Contract Signature/Letter of Authorization Drawings Approved Shipment Start Installation Installation Completed Final Acceptance (Start of Warranty) eievaring iogisrics Receipt of PO 1 weeks At Receipt of Order (ARO) 22 weeks ARO 28 weeks ARO 30 weeks ARO 30 weeks ARO *Schedules to be confirmed after order. Current lead times could change due to global related supply chain and/or shipping issues *Standard Sea Freight quoted. Expedited air freight shipping quoted separately. This Proposal Is Valid For 3 Months June 14, 2023 185.709.000 Page 28 of 38 Project B26210-000 Burlingame Public Library Main Branch "Use or disclosure of proposal data is subject to the restriction(s) on the confidentiality page of this proposal." ■ ■ Lyngsoe ■ ■ Systems eievaring iogisrics CONTRACT APPROVAL Proposal Number: 185.709.000 Proposal Date: June 14, 2023 This Proposal Remains Valid Through: September 14, 2023 This Sales Agreement, hereinafter called "Agreement", made by and between the Burlingame Public Library, hereinafter called "Buyer", and Lyngsoe Systems Inc. with its principal place of business located at 1664 Bowmans Farm Road, Suite 109, Frederick MD 21701 called "Seller", constitutes agreement of the parties as follows: CONTRACT DOCUMENTS In addition to the attached Terms and Conditions of Sale, the following documents (collectively "Contract Documents") are also part of the Agreement and are hereby incorporated into the Agreement. Should the additional Contract Documents or different or additional terms and conditions contain any term or condition inconsistent with the Terms and Conditions of Sale, the Terms and Conditions of Sale shall govern. The additional Contract Documents, copies of which are appended hereto, are as follows: Seller's Proposal 185.709.000 dated June 14, 2023 including Seller's Drawings as listed in Seller's Proposal 185.709.000 dated June 14, 2023 ("Proposal"). Summary of ScoDe to be purchased Sorter Option# Option Option Tax Exemption Status AUTHORIZED FOR BUYER BY: Buyer Signature Name Title Date June 14, 2023 185.709.000 C Non-exempt Page 29 of 38 Price Price Price TOTAL []Exempt ID# AUTHORIZED FOR SELLER BY: Seller Lyngsoe Systems Inc. Signature Name Cory McCoy Title President Date ProjectB26210-000 Burlingame Public Library Main Branch "Use or disclosure of proposal data is subject to the restriction(s) on the confidentiality page of this proposal." ■ ■ Lyngsoe ■ ■ Systems elevating logistics OWNER'S RESPONSIBILITIES a) Provide any necessary permits and/or licenses. b) Provide power to a location near the sorter and coordinated points near the conveyor route (within 10 feet) 120V single phase. c) If required, provide details of structural, or imbedded obstructions within floor or ceiling structures. X-ray or other methods is not included unless otherwise specified. d) Provide one network drops per Library MateT°" or Ergo StaffTM, one for each sorter for communication and support, and one for onsite commissioner. e) Provide one SIP license for each check -in station. f) Allow for site to site VPN (IPSEC) for commissioning and ongoing hotline support. Additional details contained in LS Remote Customer Support document g) Provide a clear path for access to and from the installation site for personnel and equipment. h) Provide secure, dry, convenient storage for equipment, tools and materials used on site. Provide adequate working space for the installation crew. Provide lighting for installation at the location where the work is to be performed. Provide parking and restroom facilities. Provide onsite security. j) If special lift equipment is required, Lyngsoe Systems must have access to a ramp door. k) Areas of installation to be broom swept by other contractors prior to the start of Lyngsoe Systems installation. 1) Provide no later than the scheduled start of installation date, the installation site free and clear and ready for Lyngsoe Systems to begin installation. Lyngsoe Systems acknowledges that some degree of facility construction may be underway during installation. The Purchaser acknowledges its responsibility to minimize possible resulting disruptions to Lyngsoe Systems' installation process. m) Provide no later than start of installation date, all civil work and necessary removal or modifications of existing equipment or buildings. For instance, the building modifications required for the installation of the Library MatesTM in exterior or interior walls, and penetration points through walls required by the conveyor run. Architectural finishing of penetration points after installation of Library MatesT`" if required. Page 30 of 38 June 14, 2023 Project B26210-000 185.709.000 Burlingame Public Library Main Branch "Use or disclosure of proposal data is subject to the restriction(s) on the confidentiality page of this proposal." ■ ■ Lyngsoe ■ ■ Systems elevating logistics Seller warrants that (a) the Equipment shall be free from all liens, charges or encumbrances, except any lien of the Seller in respect of any unpaid portion of the Purchase Price; (b) the Equipment shall be free from defects in material and workmanship and shall conform to the provisions and specifications of the Agreement; and (c) the Equipment shall be new and of a quality consistent with the Seller's usual and normal production. Seller shall, at its option, repair or replace (replacement parts to be shipped F.O.B. Seller's factory) any defective Equipment or component thereof, provided, however, that Seller is given written notice of any defect during the warranty period. Unless otherwise stated in the Proposal, the warranty period shall commence on the date on which Seller tenders the Equipment to Buyer for commercial use and shall terminate one year thereafter. Buyer shall give Seller prompt written notice of any claim under the foregoing Warranty and permit Seller to inspect the Equipment to verify the defect or nonconformity. Failure of Buyer to give Seller such notice and opportunity to inspect shall relieve Seller of all obligations with respect to such claims. Buyer's remedies and Seller's obligations in connection with any claim made under this warranty shall be limited to repair or, at Seller's option, replacement of the Equipment or part thereof which is found to be defective. Labor performed at the Worksite regarding warranty claims is not included in this warranty. Buyer shall be responsible for the normal maintenance and repair of the Equipment and shall perform the same in accordance with generally accepted maintenance procedures or such other procedures as are set forth in maintenance and repair manuals provided by Seller to Buyer. Seller shall not be responsible for and shall not be obligated to pay or to reimburse Buyer for (a) any Equipment or repairs performed on the Equipment by third parties except for mutually agreed subcontractors; (b) any materials furnished by third parties for use in connection with the Equipment if the same was undertaken or furnished without mutual prior written consent; or (c) any loss or damage arising from improper operation, maintenance of the Equipment or ordinary wear and tear. This warranty does not apply to any Equipment components or software not manufactured by Seller, and Buyer's sole warranty with respect to such items shall be that of the manufacturer. The foregoing warranties shall be Buyer's sole and exclusive remedy. THIS WARRANTY COMPRISES THE SOLE AND ENTIRE WARRANTY PERTAINING TO THE WORK SOLD BY SELLER, AND SELLER MAKES NO OTHER WARRANTY, GUARANTEE, OR REPRESENTATION OF ANY KIND WHATSOEVER PERTAINING TO THE SYSTEM. ALL OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE, WHETHER EXPRESS, IMPLIED, OR ARISING BY OPERATION OF LAW, TRADE USAGE OR COURSE OF DEALING, ARE HEREBY EXPRESSLY DISCLAIMED BY SELLER. Further Service Agreements can be supplied and quoted upon request. System issues deemed not mechanical or software related (i.e.: vandalism, damage due to neglect, or unauthorized modifications) will be subject to a service charge TBD. Page 31 of 38 June 14, 2023 Project B26210-000 185.709.000 Burlingame Public Library Main Branch "Use or disclosure of proposal data is subject to the restriction(s) on the confidentiality page of this proposal." ■ ■ Lyngsoe ■ ■ Systems elevating logistics TERMS AND CONDITIONS OF SALE APPLICATION These General Terms and Conditions of Sale ("GTCS") apply to all contracts of sale of LYNGSOE products and/or LYNGSOE software - collectively referred to as "Goods" hereafter, between Lyngsoe Systems A/S (together with its affiliates, successors and assigns "LYNGSOE') and the customer ("Customer"). LYNGSOE and Customer are sometimes referred to herein individually as a "Party" and together the "Parties'. If the Goods also solely or as a combination include the sale of LYNGSOE Software, the terms of the LYNGSOE End User License set forth in Appendix 1 hereto shall equally apply in addition to the terms of the GTCS. In the event of any discrepancies between the LYNGSOE End User License and the GTCS, the terms of the LYNGSOE End User License shall prevail for the purpose of the LYNGSOE Software only. If the Goods are "made to order" or similarly engineered and manufactured specifically for the Customer "Engineered Goods", the terms of the LYNGSOE Terms for Engineered Goods set forth in Appendix 2 hereto shall equally apply in addition to the terms of the GTCS. In the event of any discrepancies between the LYNGSOE Terms for Engineered Goods and the GTCS, the terms of the LYNGSOE Terms for Engineered Goods shall prevail for the purpose of the Engineered Goods only. No departure from these GTCS shall be binding unless agreed in writing between LYNGSOE and the Customer. LYNGSOE shall be entitled to alter these GTCS upon 14 calendar days' written notice effective for all orders that LYNGSOE receives after the expiration of the notice period. However, LYNGSOE may alter agreed payment terms and credit limits at any time and for any reason without notice. Any terms and conditions contained in or delivered with the Customer's order or other document shall not be binding, and the Customer waives any right, which it otherwise might have to rely on such terms and conditions. QUOTATIONS, ORDERS AND ORDER ACKNOWLEDGEMENTS Only a quotation in writing by email from LYNGSOE ("Quotation") is binding on LYNGSOE. Quotations are open for acceptance in writing by email to LYNGSOE by the Customer for 15 business days from the date of the Quotation unless otherwise stated in the Quotation. Any order(s) placed by the Customer and any acceptance(s) of Quotation(s) by the Customer shall bind LYNGSOE, provided the order(s) or acceptance(s) of Quotation(s) was/were placed in writing by email to LYNGSOE or, in case of acceptance(s) of Quotation(s), by return -mail, and provided the order(s) or acceptance(s) of Quotation(s) was/were confirmed in writing by LYNGSOE within 15 business days from the date of receipt by LYNGSOE of the order(s) or acceptance(s) of Quotation(s) ("Order Acknowledgement"). If the terms and conditions related to delivery time, quantity, price, payment terms, delivery clause, delivery by instalments or other matters stated in LYNGSOE's Order Acknowledgement vary from the Customer's order(s) or acceptance(s) of Quotation(s) and the Customer wants to reject these variations, the Customer must notify LYNGSOE to that effect within 5 business days of the date of receipt of the Order Acknowledgement, failing which the Customer shall be deemed to have accepted the terms and conditions set out in the Order Acknowledgement, which shall constitute a binding commitment between the Parties. DELIVERY. TRANSFER OF RISKS 9. LYNGSOE retains title to the Goods until the purchase price has been paid in full. 10. Absent any delivery clause in the Order Acknowledgement to the contrary, delivery shall be deemed to have occurred ex works LYNGSOE, Frederick MD. The Customer shall be ready for and accept delivery at the delivery date stated in the Order Acknowledgement or other communication from LYNGSOE, failing which delivery is deemed to have occurred at the delivery date, stated in the Order Acknowledgement or other communication. Notwithstanding any agreed delivery clause, LYNGSOE shall be free to select the carrier and mode of transportation. 11. If the Goods are transported from LYNGSOE's warehouse by or on behalf of LYNGSOE, the Customer must, when the Goods arrive at the destination, in order to get the Goods released by the carrier sign the accompanying delivery note. If any Goods are visibly damaged, the Customer must give details thereof on the delivery note and must file a claim with the carrier and with LYNGSOE in writing via email to LYNGSOE within 24 hours, failing which the Customer shall be deemed to have waived any rights which the Customer might have in respect of the damaged Goods. 12. The Customer must thoroughly examine all Goods immediately upon delivery for the purpose of ascertaining whether the Goods are defect or inconsistent with the data in the Order Acknowledgement (the "Examination"). The Customer shall be deemed to have accepted the Goods in respect of inconsistency with the data in the Order Acknowledgement, which the Customer discovered or ought to have discovered during the Examination, if the Customer has not notified LYNGSOE to the contrary in writing via email within 5 business days after the delivery time as stated in the Order Acknowledgement. 13. Except where otherwise specified, Quotations and/or Order Confirmations do not include delivery of installation materials or mechanical and electrical assembly or commissioning of the Goods ("Installation Services"). In the event that the Customer requests Installation Services to be carried out by the LYNGSOE Service Department, such Installation Services will be invoiced at the then -current rates for same. In the performance of the Installation Services, LYNGSOE shall only be liable for damages that occur as a result of gross negligence or wilful misconduct on the part of LYNGSOE. DELIVERY DELAY 14. Should LYNGSOE not be able to deliver by the delivery time as stated in the Order Acknowledgement or other communication from LYNGSOE, LYNGSOE shall as soon as possible notify the Customer to that effect and at the same time state when delivery is expected to take place. If delivery is expected to take place more than, or has not taken place within, 14 business days after the delivery time as stated in the Order Acknowledgement, and the delay is caused by circumstances for which LYNGSOE is responsible, the Customer shall be entitled to reject the Goods by notifying LYNGSOE to that effect within 3 business days after receipt of LYNGSOE's notification or the expiration of the 14 business days, whichever comes first, failing which notification by the Customer, the Customer shall be deemed to have waived the right to reject the Goods. Except as stated in this June 14, 2023 185,709.000 Page 32 of 38 Project B26210-000 Burlingame Public Library Main Branch "Use or disclosure of proposal data is subject to the restriction(s) on the confidentiality page of this proposal." ■ ■ Lyngsoe ■ ■ Systems elevating logistics Clause 14, the Customer is not entitled to raise any other claims in the event of delayed delivery, whether claims for damages based on negligent acts/omissions or otherwise. WARRANTY. PRODUCT LIABILITY 15. Subject to the conditions of Clauses 16-21, LYNGSOE warrants that finished Goods will be free from defects in materials and workmanship under normal use of the Goods in the industry for a period of 12 months from the delivery time as stated in the Order Acknowledgement and that spare parts will be free from defects in materials and workmanship under normal use of the spare parts in the industry for a period of three months from the delivery time as stated in the Order Acknowledgement. 16. Any warranty claim by Customer based on any defect in finished Goods or spare parts, which defect the Customer discovered or ought to have discovered during the Examination, shall be notified in writing via email to within 10 business days after the delivery time as stated in the Order Acknowledgement or, where the defect could not reasonably have been discovered during the Examination, within 7 business days after manifestation of the defect, failing which Customer shall be deemed to have accepted the finished Goods or spare parts as non -defective. Warranty claims notified by Customer to LYNGSOE after the expiration of the warranty term stated in Clause 15 are not accepted. 17. Where any valid warranty claim is notified to LYNGSOE in accordance with the terms of Clause 16 and approved by LYNGSOE in writing (which approval shall not be unreasonably withheld), LYNGSOE shall fulfil its warranty obligations as follows: (i) If Customer can be reasonably expected to be able to repair the defect, if necessary with support from the technical support of LYNGSOE's Service Department, LYNGSOE may fulfil its warranty obligations by sending the necessary replacement parts to Customer free of charge; (ii) If Customer cannot be reasonably expected to be able to repair the defect, LYNGSOE shall repair or replace the defective finished Goods or spare parts, subject to the Customer assigning to LYNGSOE all property rights to such defective finished Goods or spare parts; replacement Goods or spare parts will be new, equivalent to new or re -conditioned; or (iii) If none of the foregoing remedies are commercially viable in LYNGSOE's sole judgment, LYNGSOE may opt instead to refund to Customer the net purchase price paid by Customer for the defective finished Goods or spare parts less reasonable depreciation of the value due to use or age, subject to the Customer assigning to LYNGSOE all property rights to such defective finished Goods or spare parts. The Customer shall, within 10 business days of the defective finished Goods or spare part being replaced, enquire at LYNGSOE's Technical Support and Service department, if the Customer shall return to LYNGSOE replaced defective finished Goods or spare parts or destroy same and may not return such finished Goods or spare parts to LYNGSOE, unless LYNGSOEs Technical Support and Service department has authorized the return in writing. LYNGSOE shall assume all responsibility and expense for freight and freight insurance, unless the warranty claim is not valid in LYNGSOE's reasonable judgment and Customer shall assume all responsibility and expense for dismantling, removal, re -installation and duties in connection with the foregoing. 18. The warranties contained herein shall not extend to any finished Goods or spare parts from which any serial number has been removed or which have been damaged or rendered defective (a) as a result of wilful or accidental damage, negligence, misuse or abuse; (b) due to water or moisture, lightning, windstorm, abnormal voltage, harmonic distortion, dust, dirt, corrosion or other external causes; (c) by operation outside the specifications contained in the user documentation; (d) by the use of spare parts not manufactured or sold by LYNGSOE or by the connection or integration of other equipment or software not approved by LYNGSOE; (e) by modification, repair or service by anyone other than LYNGSOE, who has not applied for and been approved by LYNGSOE to do such modification, repair or service; (f) due to procedures, deviating from procedures specified by LYNGSOE; or (g) due to failure to store, install, test, commission, maintain, operate or use finished Goods and spare parts in a safe and reasonable manner and in accordance with LYNGSOE's instructions. 19. None of the warranties contained herein shall apply, unless the total purchase price for the defective finished Goods or spare parts has been paid by the due date for payment. 20. Customer shall have no other remedies in connection with defective finished Goods or spare parts than the rights granted pursuant to Clauses 16- 19. Except as set forth in the express warranties contained herein, LYNGSOE makes no conditions, warranties, representations, express or implied, in fact or in law, including, but not limited to, any warranties of satisfactory quality, merchantability or fitness for a particular purpose or any warranties arising out of usage or trade, all of which are expressly excluded to the fullest extent permissible by applicable law. 21. The warranties contained herein apply only to the original purchaser and are not assignable or transferable to any subsequent purchaser or end - user. 22. To the extent not contrary to applicable mandatory legislation, L MGSOE shall only be liable for damage to property and forpersonal injuries caused as a consequence of defects in the finished Goods or spare parts delivered (product liability) to the extent that it is documented that such defect arose due to L MGSOE's default or negligent errors or omissions. RETURN OF GOODS. CANCELLATION OF ORDERS 23. Goods may not be returned to LYNGSOE, unless LYNGSOE has authorized the return in writing. Where LYNGSOE has authorized the return of Goods, the Customer shall follow the guidelines for returns issued by LYNGSOE from time to time. 24. Any order(s) placed by the Customer and any acceptance(s) of Quotation(s) by the Customer are binding on the Customer and cannot be cancelled by the Customer unless LYNGSOE agrees. LYNGSOE therefore retains the right to charge the Customer in full for any and all order(s) placed and for any and all acceptance(s) of Quotation(s). PRICE 25. Unless otherwise stated in LYNGSOE's Order Acknowledgement, all purchase prices exclude any sales, use, excise, value added or other taxes or duties imposed by any governmental authority. The rate of any taxes or duties will be that applying at the time of invoicing. June 14, 2023 185,709.000 Page 33 of 38 Project B26210-000 Burlingame Public Library Main Branch "Use or disclosure of proposal data is subject to the restriction(s) on the confidentiality page of this proposal." ■ ■ Lyngsoe ■ ■ Systems elevating logistics PAYMENT. PAYMENT DELAY 26. The purchase price as specified in LYNGSOE's Order Acknowledgement is payable according to the payment terms specified in the Order Acknowledgement. In the absence of payment terms in the Order Acknowledgement, delivery will only take place against simultaneous cash payment of the purchase price. 27. In the event that the Customer should remain in arrears with payments to LYNGSOE for any reason for 10 business days or more, LYNGSOE shall be entitled to: a) Terminate the Order Acknowledgement and/or any other contracts of sale and demand immediate return of all unpaid Goods, delivered to the Customer, at the Customer's expense; b) Suspend delivery of the Order Acknowledgement and/or any other contracts of sale for future delivery; c) Keep any Customer property in LYNGSOE's possession as a lien; d) Claim interest at the rate of 2 % per month or any part thereof, as from the due date and until payment is made; e) Sell the Goods to a third party and claim from the Customer damages for any loss suffered. At the request of Customer, LYNGSOE shall in writing inform the Customer of its decision to assert any of the above rights but shall not be required to give any notice. 28. LYNGSOE may use all monies received from the Customer towards payment of any part of any debt owing by the Customer at LYNGSOE's sole discretion irrespective of any instructions to the contrary by the Customer. INTELLECTUAL PROPERTY RIGHTS INFRINGEMENTS 29. To the best of LYNGSOE's knowledge, Goods delivered by LYNGSOE to the Customer do not infringe any third -party intellectual property rights. However, LYNGSOE does not make any warranty to that effect. Moreover, LYNGSOE shall have no liability for any claim of infringement which is based on the use of the Goods other than as authorized by LYNGSOE and in a manner for which they were designed. In the event that Goods or any part(s) thereof are held by a court of competent jurisdiction, not subject to appeal, to infringe a third party's intellectual property right, proprietary right or contractual right, LYNGSOE shall in its sole discretion (a) procure for the Customer and the Customers' customers the right to continue to use the Goods; (b) replace the Goods with non -infringing Goods, subject to the Customer assigning all property rights to such Goods to LYNGSOE; (c) modify the Goods, or, where modification does not require any special knowledge, provide the Customer with parts enabling him to modify the Goods at his own expense, to avoid infringement; or (d) recall the Goods. If LYNGSOE decides to recall the Goods, LYNGSOE shall, if the Goods were delivered to the Customer within the immediately preceeding two year period, refund the purchase price for the Goods to the Customer less a reasonable depreciation due to age, use, and condition, subject to the Customer assigning all property rights to such Goods to LYNGSOE. If the Goods were delivered to the Customer before the immediately preceding two year period, LYNGSOE shall not be obligated to make any refund. 30. The above constitutes LYNGSOE's maximum liability in respect of Clause 29 herein, and the Customer shall limit his liability towards his customers accordingly. LIMITATION OF LIABILITY 31. In no event shall LYNGSOE be liable in tort, contract or otherwise (including negligence) to compensate the Customer for any business interruption, loss of (anticipated) profits, revenue, business, contracts or (anticipated) savings, costs of procurement of subsitute Goods or services or any other special, indirect or consequential loss or any punitive damages. 32. LYNGSOE's total liability under any cause of action shall not exceed the amounts received by LYNGSOE from the Customer pursuant to the Order Acknowledgement giving rise to the liability. However, in regard specifically to LYNGSOE's total liability for damages caused by defects in the Goods delivered (Product Liability), such liability shall in no event - regardless of whether such damages are arising in contract, tort, negligence or otherwise - exceed DKK 2 million per damage/DKK 20 million per year. 33. In the event that LYNGSOE incurs liability towards a third party with respect to Goods delivered or services provided to the Customer, including in respect of product liability and intellectual property rights infringement, the Customer is obliged to indemnify LYNGSOE to the extent that LYNGSOE's liability is limited under the provisions stipulated above. GENERAL 34. The GTCS and all contracts of sale of Goods, including but not limited to, any and all Order Acknowledgement, between LYNGSOE and the Customer shall be exclusively governed by and construed in accordance with the laws of the Maryland. The Parties submit to the exclusive jurisdiction of Maryland courts. If a third -party files a claim against one of the Parties for damages on product liability or intellectual property rights infringements, this Party shall immediately inform the other Party thereof. The Parties are mutually obliged to let themselves be summoned to appear before a court of justice / arbitration that hears such claim for damages. The mutual relationship between LYNGSOE and the Customer shall however be resolved in accordance with the provisions of this Clause. 35. The invalidity, unenforceability or illegality of any term, condition or stipulation in the GTCS shall not affect the validity, enforceability or legality of the remaining terms, conditions and stipulations of the GTCS. 36. Except as provided herein, any required or permitted notices hereunder must be given in writing at the registered address of each Party, or to such other address as either Party may notify to the other Party by written notice in the manner contemplated herein, by one of the following methods: electoronic mail, hand delivery, registered mail, or facsimile. 37. Non-performance of either Party shall be excused to the extent that performance is rendered impossible by strike, lock -out, fire, severe weather, flood, earthquake, terrorism, war, acts of God, governmental acts, failure of suppliers or carriers for any reason or any other reasons beyond the reasonable control of the non -performing party. Page 34 of 38 June 14, 2023 Project B26210-000 185.709.000 Burlingame Public Library Main Branch "Use or disclosure of proposal data is subject to the restriction(s) on the confidentiality page of this proposal." ■ ■ Lyngsoe ■ ■ Systems elevating logistics WEEE 38. With reference to Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on waste electrical and electronic equipment (WEEE) and any applicable amendments thereto or substitutions thereof, all Customers who purchase electrical and electronic equipment from LYNGSOE for distribution within the European Union are responsonsible for providing means of waste disposal and scrapping of such equipment in accordance with applicable national law. © Lyngsoe Systems A/S 2017, GTCS version effective as of 1 May 2017. APPENDIX 1 LYNGSOE END USER LICENSE AGREEMENT This End User License Agreement ('Agreement') constitutes a valid and binding agreement between Lyngsoe Systems A/S, (together with its affiliates, successors and assigns "LYNGSOE') and you ('you,"or 'your') for the use of the LYNGSOE Software, as the term is defined below. You must enter into this agreement in order to install and use LYNGSOE Software. BY INSTALLING AND USING THE LYNGSOE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE LYNGSOE SOFTWARE 1. LICENSE GRANT Subject to the terms of this Agreement, LYNGSOE hereby grants you a limited, non-exclusive, non-sublicensable, non -assignable license to download, install and use a single copy of the LYNGSOE Software, including any online or enclosed documentation, data distributed to your computer for processing and any future programming fixes, updates and upgrades provided to you (collectively, the " LYNGSOE Software'), onto a network server or computer workstation for your sole use to install, interact with and utilize the LYNGSOE Software, including the content and features contained therein. This license may not be shared, transferred to or used concurrently on different servers or workstations. You may make a single back-up copy of the software for archival purposes. 2. LICENSE RESTRICTIONS (a) Notwithstanding anything to the contrary, you may not: (i) remove any proprietary notices from the LYNGSOE Software or any copy thereof; (ii) cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling or disassembling or hacking of the LYNGSOE Software; (N) sell, assign, rent, lease, act as a service bureau, or grant rights in the LYNGSOE Software, including, without limitation, through sublicense, to any other entity without the prior written consent of LYNGSOE; (iv) use the LYNGSOE Software in any way that would violate any applicable law, regulation or ordinance; Furthermore, you may not use the LYNGSOE Software to develop, generate, transmit or store information that: (A) infringes any third party's intellectual property or other proprietary right; (B) is defamatory, harmful, abusive, obscene or hateful, (C) in any way obstructs or otherwise interferes with the normal performance of another person use of the LYNGSOE Software, (D) performs any unsolicited commercial communication not permitted by applicable law; (E) is harassment or a violation of privacy or threatens other people or groups of people; and (F) impersonates any other person, or steals or assumes any person's identity (whether a real identity or online nickname or alias). (b) The LYNGSOE Software contains confidential and trade secret information owned or licensed by LYNGSOE, and you agree to take reasonable steps at all times to protect and maintain the confidentiality of such information. c) The LYNGSOE Software may be incorporated into, and may incorporate, technology, software and services owned and controlled by third parties. Use of such third -party software or services is subject to the terms and conditions of the applicable third -party license agreements, and you agree to look solely to the applicable third party and not to LYNGSOE to enforce any of your rights. All modifications or enhancements to the LYNGSOE Software remain the sole property of LYNGSOE. LYNGSOE reserves the right to add additional features or functions to the LYNGSOE Software. When installed on your computer, the LYNGSOE Software periodically communicates with LYNGSOE servers. You acknowledge and agree that LYNGSOE has no obligation to make available to you any subsequent versions of its software applications. 3. PERMISSIONS TO UTILIZE In order to receive the benefits provided by the LYNGSOE Software, you hereby grant permission for the LYNGSOE Software to utilize the processor and bandwidth of your computer Goods. You understand that the LYNGSOE Software will protect the privacy and integrity of your computer resources and communication and ensure the unobtrusive utilization of your computer resources to the greatest extent possible. 4. PROPRIETARY RIGHTS The LYNGSOE Software contains proprietary and confidential information of LYNGSOE, including copyrights, trade secrets and trademarks contained therein, which are protected by international copyright laws. Title to and ownership of the LYNGSOE Software, including without limitation all intellectual property rights therein and thereto, are and shall remain the exclusive property of LYNGSOE and its suppliers, and except for the limited license granted to you, LYNGSOE reserves all right, title and interest in and to the LYNGSOE Software. You shall not take any action to jeopardize, limit or interfere with LYNGSOE's ownership of and rights with respect to the LYNGSOE Software. You acknowledge that any unauthorized copying or unauthorized use of the LYNGSOE Software is a violation of this Agreement and copyright laws and is strictly prohibited. June 14, 2023 185,709.000 Page 35 of 38 Project B26210-000 Burlingame Public Library Main Branch "Use or disclosure of proposal data is subject to the restriction(s) on the confidentiality page of this proposal." ■ ■ Lyngsoe ■ ■ Systems elevating logistics 5. TERMS AND TERMINATION (a) This Agreement will be effective as of the date you accept this Agreement, thereby expressly agreeing to the terms and conditions set forth herein and will remain effective until terminated by either party as set forth below. (b) You may terminate this Agreement at any time provided you cease all use of the LYNGSOE Software AND destroy or remove from all hard drives, networks, and other storage media all copies of the LYNGSOE Software in your possession. LYNGSOE may terminate this Agreement if you do not comply with the terms and conditions of this agreement by providing notice to you and/or preventing your access to the LYNGSOE Software. (c) Upon termination of this Agreement for any reason (i) all licenses and rights to use the LYNGSOE Software shall terminate and you must remove the LYNGSOE Software from your computer equipment and dispose of all originals and copies of the LYNGSOE Software in your possession, and (ii) Sections 2, 4, 5(b), and 6 through 11 shall survive such termination. 6. YOUR REPRESENTATIONS AND WARRANTIES (a) You represent and warrant that (i) you possess the legal right and ability to enter into this Agreement and to comply with its terms, (ii) you will use the LYNGSOE Software for lawful purposes only and in accordance with this Agreement and all applicable laws, regulations and policies, (iii) you will not attempt to decompile, reverse engineer or hack the LYNGSOE Software to defeat or overcome any encryption and/or other technical protection methods implemented by LYNGSOE with respect to the LYNGSOE Software and/or data transmitted, processed or stored by LYNGSOE or other users of the LYNGSOE Software, (iv) you will not take any steps to interfere with or in any manner compromise any of LYNGSOE security measures, any other individual's or entity's computer on the Network and/or otherwise sharing Services, (v) you will always provide and maintain true, accurate, current and complete information as requested by LYNGSOE, and (vi) you will only use the LYNGSOE Software on computer equipment on which such use is authorized by the computer's owner. (b) You agree that you will not use any automatic or manual device or process to interfere or attempt to interfere with the proper working of the LYNGSOE Software, except to remove the LYNGSOE Software from computer equipment of which you are an owner or authorized user in a manner permitted by this Agreement. You may not violate or attempt to violate the security of the LYNGSOE Software. LYNGSOE reserves the right to investigate occurrences which may involve such violations, and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. (c) If LYNGSOE has reasonable grounds to suspect that your representations, warranties or promises are inaccurate or breached, LYNGSOE may terminate this license, deny any or all use of the LYNGSOE Software, and pursue any appropriate legal remedies. 7. INDEMNITY You agree to indemnify, hold harmless and defend LYNGSOE and its affiliates, parent companies, subsidiaries, officers, directors, employees, agents and network service providers at your expense, against any and all third -party claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys' fees and other dispute resolution expenses) incurred by LYNGSOE arising out of or relating to your (a) violation or breach of any term of this Agreement or any policy or guidelines referenced herein, or (b) use or misuse of the LYNGSOE Software. 8. DISCLAIMER OF WARRANTIES (a) THE LYNGSOE SOFTWARE IS PROVIDED 'AS IS" AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY LYNGSOE, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE LYNGSOE SOFTWARE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON -INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. LYNGSOE FURTHER DOES NOT REPRESENT OR WARRANT THAT THE LYNGSOE SOFTWARE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, ERROR -FREE, OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES LYNGSOE WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET. (b) YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE LYNGSOE SOFTWARE REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW. (c) As some jurisdictions do not allow some of the exclusions set forth in this Section 8, some of these exclusions may not apply to you. 9. LIMITATION OF LIABILITY (a) IN NO EVENT SHALL LYNGSOE, ITS AFFILIATES, PARENT COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR NETWORK SERVICE PROVIDERS BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE LYNGSOE SOFTWARE, EVEN IF LYNGSOE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) Support for the LYNGSOE Software is not always provided directly by LYNGSOE. Please refer to Manufacturer's or Reseller's documentation to understand your rights, if any, to technical or product support to the LYNGSOE Software. (c) As some jurisdictions do not allow some of the exclusions set forth in this Section 9, some of these exclusions may not apply to you. Page 36 of 38 June 14, 2023 Project B26210-000 185.709.000 Burlingame Public Library Main Branch "Use or disclosure of proposal data is subject to the restriction(s) on the confidentiality page of this proposal." ■ ■ Lyngsoe ■ ■ Systems elevating logistics 10. ELECTRONIC SIGNATURES AND AGREEMENTS You acknowledge and agree that by clicking on the button labelled "SUBMIT', "DOWNLOAD", "I ACCEPT' or such similar links or methods as may be designated by LYNGSOE to download the LYNGSOE Software to accept the terms and conditions of this Agreement, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE LYNGSOE SOFTWARE. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non -electronic records. 11. General Provisions LYNGSOE reserves all rights not expressly granted herein. LYNGSOE may modify this Agreement at any time by providing such revised Agreement to you or posting the revised Agreement on its website located at www. LYNGSOE.com. Your continued use of the LYNGSOE Software shall constitute your acceptance of such revised Agreement. You may not assign this Agreement or any rights hereunder. Nothing in this Agreement shall constitute a partnership or joint venture between you and LYNGSOE. Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of this Agreement shall nonetheless remain in full force and effect. The failure of LYNGSOE at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. This Agreement shall be governed by and construed in accordance with the Maryland laws without regard to its conflict of law rules. Any legal proceeding arising out or relating to this Agreement will be subject to the exclusive jurisdiction of any court of Maryland and you irrevocably consent to the jurisdiction of such courts. The terms set forth in this Agreement and any related service agreements constitute the final, complete and exclusive agreement with respect to the LYNGSOE Software and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms. LYNGSOE may at its sole discretion assign this Agreement to a subsidiary or sister company, without giving prior notice. YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CONTINUING TO INSTALL THE LYNGSOE SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO LYNGSOE THE RIGHTS SET FORTH HEREIN. © Lyngsoe Systems A/S 2015, Lyngsoe End User License version effective as of 1 July 2015. Ie1» d J bl Ef�] LYNGSOE TERMS FOR ENGINEERED GOODS In the event that the Goods referred to in the GTCS are "made to order" ("Engineered Goods"), the following conditions shall apply in addition to the applicable terms of the GTCS and any written agreement between the parties regarding such Engineered Goods. 1. Tools 1. Any auxiliary models, tools, models, molds etc. (hereinafter referred to as "Tools') produced or manufactures by LYNGSOE whilst completing the contractually agreed work do not constitute an integral part of the work performance of developing and/or manufacturing the Engineered Goods and will remain the property of LYNGSOE. LYNGSOE will store the Tools for a period of 6 months following acceptance of the Engineered Goods by the Principal, without acknowledging any legal obligation in this respect. 2. Acceptance and Tests Insofar as the Engineered Goods calls for an approval test, this test must be carried out without undue delay on the part of the Customer. Should the Customerfail to approve the Engineered Goods within 14 days of notice of completion and/or delivery, the Engineered Goods will be considered to have been duly approved and accepted, provided that during this period there has been no complaint of any defect which would impede acceptance. A partial approval test may, in accordance with the above -mentioned provisions, be requested for independent partial performances. 3. Inventions In the event of any inventions which might lead to industrial property rights arising as a result of the contractually agreed work for the Engineered Products, then the only party entitled to register such intellectual property rights will be the party whose employees or agents have made the invention. If, in the context of the contractually agreed work for the Engineered Products, inventions are made in which the employees or agents of more than one party are involved (hereinafter referred to as "Joint Inventions"), then separate arrangements will be made in each individual case to decide who is to register any intellectual property rights and where. Registration may also be made jointly, in which case each party will bear the proportion of the costs commensurate with its share in the invention. In the event of Joint Inventions or joint property rights and/or copyrights, each party is entitled, at any time, to waive its share in favor of the other party. The party waiving such rights will, in a timely manner, make any provisions and arrangements necessary to enable the other party to protect its interests. CONFIDENTIALITY Information, data and drawings embodied in this proposal are strictly confidential and are supplied on the understanding that they will be held confidentially and not disclosed to third parties without the prior written consent of Lyngsoe Systems. Page 37 of 38 June 14, 2023 Project B26210-000 185.709.000 Burlingame Public Library Main Branch "Use or disclosure of proposal data is subject to the restriction(s) on the confidentiality page of this proposal." ■ ■ Lyngsoe ■ ■ Systems elevating logistics PIGGYBACK CLAUSE Any publicly funded city, county, district, agency or similar entity shall have the authority to purchase specified goods / services directly from LYNGSOE SYSTEMS under the terms and conditions of this contract. The proposer agrees to extend identical pricing and services to any other public agencies, provided such agencies agree to the same terms and conditions as described in this agreement. Each contracting agency will execute a separate contract with LYNGSOE SYSTEMS for its requirements. Any ordering and billing shall take place directly between LYNGSOE SYSTEMS and such entity." June 14, 2023 185,709.000 Page 38 of 38 Project B26210-000 Burlingame Public Library Main Branch "Use or disclosure of proposal data is subject to the restriction(s) on the confidentiality page of this proposal." � CITY =% iGA�MSTAFF REPORT yCo To: Honorable Mayor and City Council Date: August 21, 2023 AGENDA NO: 1Of MEETING DATE: August 21, 2023 From: Syed Murtuza, Director of Public Works — (650) 558-7230 Mahesh Yedluri, Senior Civil Engineer — (650) 588-7230 Subject: Adoption of a Resolution Extending the Operations and Maintenance Agreement with Veolia Water West Operating Services Inc. in the Amount of $760,000 for the City of Burlingame Wastewater Treatment Plant Through October 31, 2023, and Authorizing the City Manager to Execute the Extension RECOMMENDATION Staff recommends that the City Council adopt the attached resolution authorizing an extension to the operations and maintenance agreement with Veolia Water West Operating Services Inc. (VWOS) for the City's Wastewater Treatment Plant (WWTP) through October 31, 2023, in a not to exceed amount of $760,000. Staff recommends that the City Council authorize the City Manager to execute the extension with any minor changes to the terms, if necessary. BACKGROUND VWOS has operated and maintained Burlingame's WWTP facility for the last 50 years. Although there have been several corporate name changes over the years, this public -private partnership with VWOS has been continuous. The City entered into the current agreement with VWOS on July 1, 2018, and the agreement expired on June 30, 2023. As a result, in accordance with the renewal provisions of the contract, staff has spent the last several months reviewing the operations, maintenance, and cost of providing WWTP services. Based on the review of operations and performance of the WWTP, staff finds that VWOS continues to meet the state and federal requirements for treatment and discharge of wastewater. Additionally, staff has completed a cost reasonableness survey to verify that VWOS services and costs are reasonable in comparison to other treatment plants in the area. The Council approved a two -month extension on June 20, 2023, pursuant to Resolution No. 085- 2023, and this extension expires August 31, 2023. Staff is still in the process of negotiating a renewal agreement with VWOS. While the negotiations continue, staff requests that the Council grant another two -month extension to VWOS for the operation and maintenance of the WWTP. 1 Extension of Veolia Wastewater Treatment Facility Agreement August 21, 2023 DISCUSSION The proposed extension is a continuation of the same services as provided in the current (now extended) agreement with VWOS. The key terms of the agreement are: • Full turnkey operation and maintenance of processes at the treatment plant, as well as maintenance of facilities, buildings, equipment, and site compliance with state and federal regulations. • Full turnkey operation and maintenance of 1079 Rollins Road Sewage Pump Station. • Compensation for the next two months be adjusted based on consumer price index for the San Francisco area. • Continuation of Storm Water Pollution Program responsibilities, including Sewer System, Overflow, and Illicit Discharge Prevention Program based on latest RWQCB requirements. • This extension is set to expire on October 31, 2023. In addition to providing wastewater treatment operation and maintenance services, other VWOS services to the City include: • Industrial Waste Monitoring and Inspection Program; • Fats, Oil and Grease (FOG) Control Program; • Amalgam monitoring/filtering at dentistry clinics to prevent mercury discharge in the wastewater; • Plan checking and inspection of private development construction to ensure compliance with state regulations; • Community education about sewer science and pollution prevention programs; • Management of the annual Bayfront Cleanup event, including trash and litter cleanup along the shorelines and Burlingame Lagoon; and • Repair and replacement of machine and equipment parts and administration and coordination of large capital projects. This extension will adhere to the contract language from the 2018 City of Burlingame agreement with VWOS for the operations and maintenance of the Burlingame Wastewater Treatment Facility (2018 Agreement) in its entirety. Staff will return to the City Council for the contract renewal prior to October 31, 2023, after an agreement has been reached with VWOS. FISCAL IMPACT The budget associated with this extension is estimated at approximately $760,000. The cumulative estimated budget for both extensions (July — October) is $1,560,000. Similar to the first extension, the second extension amount includes the costs for base contract services, facility maintenance, capital outlay, and special projects. There are adequate funds available in the City Council approved FY2023-24 Public Works Department Operating Budget to cover these costs. Exhibits: • Resolution • 2018 Agreement 2 Extension of Veolia Wastewater Treatment Facility Agreement August 21, 2023 • Agreement Extension Dated June 27, 2023 • Agreement for Current Extension RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE CITY MANAGER TO EXECUTE AN EXTENSION TO THE AGREEMENT WITH VEOLIA WATER WEST OPERATING SERVICES INC. IN THE AMOUNT OF $760,000 FOR THE OPERATIONS AND MAINTENANCE OF THE BURLINGAME WASTEWATER TREATMENT FACILTY WHEREAS, on May 21, 2018, the City of Burlingame entered into a five-year operations and maintenance agreement with Veolia Water West Operating Services Inc. (VWOS) for providing turnkey operations and maintenance for the City's wastewater treatment facility and 1099 Rollins Road Pump Station; and WHEREAS, the City intends to renew the agreement for another five-year term with VWOS; and WHEREAS, the City continues to negotiate the contract terms with VWOS; and WHEREAS, the City and VWOS are in the process of finalizing the contract terms, and the City wishes to provide a two -month extension in the interim; and WHEREAS, the City issued an extension pursuant to Resolution No. 085-2023, on June 20, 2023, for $800,000, and this extension is set to expire on August 31, 2023; and WHEREAS, the City wishes to issue another two -month extension; and WHEREAS, the cost of this extension shall not exceed $760,000 for base contractual services, facility maintenance, capital outlay, and special projects to account for any additional costs for the duration of the extension; and WHEREAS, this extension will expire on October 31, 2023, unless superseded; and WHEREAS, this extension will adhere to the contract language from the 2018 City of Burlingame agreement with VWOS for the operations and maintenance of the Burlingame Wastewater Treatment Facility (2018 Agreement) in its entirety; and WHEREAS, the City Council authorizes the City Manager to execute the extension with any minor changes to the terms of the extension, if necessary. NOW, THEREFORE, it is RESOLVED, and ORDERED, that the 2018 Agreement with VWOS, which is currently extended through August 31, 2023, be extended through October 31, 2023, to include operations and maintenance services in a not to exceed amount of $760,000, and the City Manager is authorized to execute the same. 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 21 st day of Au ust 2023, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Meaghan Hassel -Shearer, City Clerk Version 2.0 02/26/2018 City of Burlingame Agreement with Veolia Water West Operating Services Inc. for Operations and Maintenance of the City of Burlingame Wastewater Treatment Facility Version 2.0 02/26/2018 TABLE OF CONTENTS Section I. EMPLOYMENT................................................4 Section II. TERM.....................................................5 Section III. VWOS SHALL PROVIDE THE FOLLOWING SERVICES ...............5 A. Facility Scope................................................5 B. Staffing......................................................5 C. Technical Support.............................................6 D. Employee Programs.............................................6 E. Computer Systems..............................................6 G. Service Payments..............................................6 H. General Facility Maintenance System ...........................7 I. Capital Outlay Plan...........................................7 J. Capital Improvement Plan......................................7 K. Plant Loadings................................................7 L. Reports.......................................................8 M. Industrial Waste Program (IWP) and Storm Water Pollution Prevention Program (STOPPP)........................................8 N. Evidence of Insurance.........................................9 0. Compliance with Laws.........................................11 P. Laboratory...................................................11 Q. North Bayside System Unit (NBSU) .............................11 R. Conflicts of Interest........................................12 Section IV. CITY RESPONSIBILITIES...................................12 A. Compensation.................................................12 B. Audits.......................................................13 C. Easements and Liens..........................................13 D. Existing Inventories.........................................13 E. Capital Outlay and Capital Improvement Plan Reimbursements ...14 F. Emergency Repairs............................................14 G. Digester Cleaning............................................15 Section V. LIMITATIONS..............................................15 A. Influent Characteristics.......................................15 B. City Acts......................................................15 O&M Agreement i Burlingame WastewaterTreatment Facility Version 2.0 02/26/2018 C. Force Majuere..................................................16 D. Labor Conditions...............................................16 E. Changes in Law.................................................16 Section VI. INDUSTRIAL WASTE PROGRAM (IWP), and STORM WATER POLLUTION PREVENTION PROGRAM (STOPPP)...............................16 Section VII. ELECTRICAL PROGRAM.....................................17 Section VIII. GENERAL PROVISIONS....................................17 A. Renewal........................................................17 B. Termination....................................................18 C. Hold Harmless..................................................19 D. Water Quality Protection.......................................20 F. Insurance......................................................21 G. City Financial Review..........................................21 H. VWOS Capital...................................................21 I. VWOS Independent Contractor....................................21 J. Waiver of Rights...............................................21 K. Assignment.....................................................21 L. Equal Opportunity Employment...................................22 M. Agreement Limits...............................................22 0. Notices........................................................22 ATTACHMENT A........................................................24 A. Adjustments to Compensation..................................24 B. Annual Adjustments - CPI-W...................................24 C. Periodic Adjustments.........................................25 D. General Facility Maintenance Payments ........................27 E. Capital Outlay Payments......................................27 F. Capital Improvement Payments.................................27 ATTACHMENT B........................................................28 LIST OF VEHICLES AND EQUIPMENT......................................28 Laboratory Equipment................................................29 ATTACHMENT C........................................................32 INDUSTRIAL WASTE PROGRAM..........................................32 STORM WATER POLLUTION PREVENTION PROGRAM ..........................32 Reference Material A-1..............................................39 O&M Agreement i i Burlingame wastewater Treatment Facility Version 2.0 02/26/2018 ROLLING FIVE YEAR CAPITAL OUTLAY PLAN .............................39 Reference Material B-1..............................................40 ROLLING FIVE YEAR CAPITAL IMPROVEMENT PLAN ........................40 06M Agreement iii Burlingame Wastewater Treatment Facility Version 2.0 02/26/2018 Yh THIS AGREEMENT, entered into this 1� day of 2018 by and between: City of Burlingame, in the State of California (hereinafter called City) and Veolia Water West Operating Services Inc., holding California General Contractors License Number 866429, a Delaware Corporation with offices located at: 3731 Wilshire Blvd., Suite 600 Los Angeles, CA 90010 (hereinafter called VWOS) WHEREAS: CITY has jurisdiction over the wastewater treatment plant located in the City of Burlingame (hereinafter called the FACILITY); and WHEREAS: CITY is desirous that the FACILITY be operated and maintained in the most efficient and safe manner possible, while complying with all Federal and State laws; and WHEREAS: VWOS is a corporation specializing in the business of supplying operation, maintenance, and management services for such waste treatment plants; NOW, THEREFORE, in consideration of the promises and terms contained herein, the parties agree as follows: Section I. EMPLOYMENT The CITY engages VWOS to provide operations, maintenance, and management services for the wastewater treatment FACILITY under the jurisdiction of the CITY, and located at 1103 Airport Boulevard, valves, and force main between the FACILITY and the Rollins Road Pump Station, the Rollins Road lift station located at 1079 Rollins Road, and the landfill flare station located at the FACILITY. VWOS shall perform the stormwater inspection for the wastewater treatment facility. VWOS shall monitor the gas collection system at the landfill for proper operation and gas production of carbon dioxide and methane. VWOS shall ensure that no pipe breakages have occurred, and that condensate drain sumps remain functional. B�d-i1 P��@4Pe �as��€fir T4'P��E1RPtSt �&'a�g#¢}. Version 2.0 02/26/2018 Section II. TERM The contract term shall commence on July 1, 2018 and expire five (5) years thereafter unless renewed in accordance with Section VIII-A. Prior to each renewal, the City will work with VWOS in completing reasonableness cost review to verify that the City's wastewater treatment costs are comparable to other local communities with similar demographics and similar treatment plant facilities. This study will recognize value-added services provided to the City by VWOS. This contract may be renewed pursuant to provisions in Section VIII-A of this contract. Section III. VWOS SHALL PROVIDE THE FOLLOWING SERVICES A. Facility Scope VWOS shall operate and maintain the treatment processes that include, but are not limited to, screening, grit removal, primary clarification, activated sludge, secondary clarification, chlorination, gravity thickening, anaerobic biosolids digestion, solids dewatering, odor control systems, reclaim water system, and cogeneration facilities. Final effluent pumping and de - chlorination systems will be operated as necessary. VWOS shall also operate and maintain the Rollins Road pump station at 1079 Rollins Road and the valves and force main located between the Main Pump Station and the FACILITY. VWOS shall provide a complete assessment of the valves and force main located between the Main Pump Station and shall submit to the City a budget for all required repairs or replacements by second year of the five-year contract term. It is understood that all repairs and replacements will be successfully completed by VWOS either as a capital or maintenance repair project. B. Staffing VWOS shall staff the FACILITY with qualified employees experienced in wastewater treatment process control and maintenance procedures. It is the intention of VWOS to make operation of the Treatment Plant a model facility for the San Francisco Bay and surrounding area. VWOS shall provide the level of coverage needed to ensure monitoring of all routine wastewater treatment operations called for in this Agreement. VWOS shall staff the ZPS=ZZrF caulkemployees; that meet or exceed ttlitti tttq= wire l by goveznuuental agomoaez as Well &0 � Qasx 5 1willipgjNWfL k' PiT1E8M'j(Wsm $33'Luauty, '1 Version 2.0 02/26/2018 continued upgrading, education and training of these employees in modern wastewater control, safety, environmental compliance, and equipment maintenance. C. Technical Support VWOS shall provide, as necessary, resources and professionals with expertise and experience in process control, maintenance, management, and engineering from its affiliated companies and facilities located throughout North America. D. Employee Programs VWOS shall maintain an education and safety program for all employees. This program is to be patterned after the VWOS program currently utilized at all VWOS -operated facilities. The cost of this program will be the responsibility of VWOS. E. Computer Systems VWOS shall use a computer system and its proprietary software for the generation of process information for FACILITY control. In the event of contract termination, this software shall become the property of the CITY. F. Permit Conditions VWOS shall operate the permit (No. CA0037788, as and suspended solids are suspended solids. Should shall comply with new addressed according to ADJUSTMENTS." G. Service Payments FACILITY in compliance with the NPDES amended. Average monthly limits for BOD, currently at 30 mg/l BOD5 and 30 mg/1 any changes occur in a new permit, Veolia conditions and said changes will be Attachment A, Section C, "PERIODIC VWOS shall pay all expenses required for the normal operation and maintenance of the FACILITY, which includes (1) personnel costs, (2) utilities, (3) chemicals, (4) fuels and lubricants, (5) normal operating supplies, (6) all residuals, including bio-solids, grit, and screenings, and except as limited in "I and J" below, maintenance repairs and replacement of capital equipment. O&M Agreement 6 Burlingame Wastewater Treatment Facility version 2.0 02/26/2018 H. General Facility Maintenance System VWOS shall provide maintenance and repairs for the equipment, structures, and vehicles consistent with industry preventive maintenance standards and practices and/or manufacturer's specifications utilizing a computerized maintenance management system. The CITY shall have the right to inspect these maintenance records during normal business hours. The CITY shall have the right to engage a consultant to review maintenance at the FACILITY. I. Capital Outlay Plan VWOS shall annually develop and submit to the City by February 28 of each year a five (5) year rolling Capital Outlay plan. This Capital Outlay plan will be reviewed and approved by the City by June 30. See Reference Material A. It is agreed to by both parties that the City will retain all maintenance and repair funds developed with this rolling five 5) year Capital Outlay plan, but that VWOS shall direct and manage all projects within the Capital Outlay fund as required to ensure compliance with all water quality permits for the FACILITY for which VWOS is responsible. J. Capital Improvement Plan VWOS shall annually develop and submit to the City by February 28 a five (5) year rolling Capital Improvement plan. See Reference Material B-1. This Capital Improvement plan will be reviewed and approved by the City by June 30. It is agreed to by both parties that the City will retain funds developed with this rolling five(5) year Capital Improvement plan, but that VWOS shall direct and manage all projects within the fund as required to ensure compliance with all water quality permits for the FACILITY for which VWOS is responsible. R. Plant Loadings VWOS agrees to maintain copies of plant loading and performance data over the term of this Agreement. This data shall cover, at any given time during the execution of this Agreement, the previous five years of operation up to the current time. In the event of premature contract termination, these records will become the property of the CITY. O&M Agreement % Burlingame Wastewater Treatment Facility Version 2.0 02/26/2018 L. Reports 1) Monthly - VWOS shall provide the CITY with monthly reports that summarize capital outlay and capital improvement activities. VWOS shall provide an accounting summary of monthly capital outlay and capital improvement expenditures. 2) Annual - VWOS shall provide the CITY with an annual report by January 31 of each year that summarizes plant performance and major events and activities which affected the operation of the FACILITY. 3) NPDES - VWOS shall prepare all NPDES permit reports and submit these to the CITY for approval prior to transmittal to appropriate agencies. 4) An annual meeting will be held between the City and VWOS to review facility performance in relation to contractual indices and triggers. The meeting will be conducted prior to March 1 and will focus on data collected over the previous calendar year. VWOS shall prepare for City a report that reviews data collected over the preceding year and will summarize the emerging trends. The indices to be assessed include, but are not limited to, the following: a. Flow b. 5-Day Biochemical Oxygen Demand (BODE) loading c. Total Suspended Solids (TSS) loading d. Electrical consumption e. Electrical unit cost f. Biosolids quantities g. Biosolids unit disposal cost h. Grit and Screenings quantities i. Grit and Screenings unit disposal cost Should VWOS find that its costs are outstripping the adjustments authorized by this contact, it may meet with the City to review such items. The City and VWOS agree that they will negotiate in good faith to reach an equitable adjustment to compensation, including overhead and profit, reflecting such cost of increases or decreases. M. Industrial Waste Program (IWP) and Storm Water Pollution Prevention Program (STOPPP) VWOS shall provide the CITY with an Industrial Waste Program, and a Storm Water Pollution Prevention Program. These programs are 06M Agreement 8 Burlingame Wastewater Treatment Facility Version 2.0 02/26/2018 discussed in more detail in Section 6 of this contract and Attachment C. N. Insurance VWOS shall maintain insurance during the life of this Agreement in compliance with the following provisions: 1. VWOS shall not commence work under this Agreement until it shall have obtained all insurance required under this SECTION which is reasonably commercially available and such insurance shall have been approved by CITY as to form, in the amounts specified herein , nor shall VWOS allow any subcontractor to commence work on its subcontract until all similar insurance required of the subcontractor shall have been so obtained and approved, or in such form and limits as the CITY shall otherwise reasonably approve prior to the commencement of such work by the subcontractor. 2. Compensation Insurance. VWOS shall take out and maintain, during the life of this Agreement, Workers Compensation insurance as required by State Law for all its employees employed at the FACILITY and in case any work is sublet, VWOS shall require its subcontractor similarly to provide Workers Compensation insurance for all of the latter's employees, unless such employees are covered by the protection afforded by VWOS. In case any class of employees engaged in work under this Agreement at the FACILITY is not protected under this Agreement at the FACILITY is not protected under any Workers Compensation law, VWOS shall provide, and shall cause each subcontractor to provide, adequate insurance for the protection of employees not otherwise protected. VWOS indemnifies CITY for any damage resulting to it from failure of either VWOS or any subcontractor to take out or maintain such insurance. 3. Commercial General Liability, Automobile Liability, Pollution Liability, and Professional Liability Insurance. VWOS shall take out and maintain during the life of this Agreement such commercial general liability, automobile liability, ,pollution liability, and professional liability insurance as shall protect CITY, its elective and appointive boards, officers, agents and employees, VWOS and any subcontractor performing work covered by this Agreement from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from VWOS' or any subcontractor's operations under this Agreement, whether such operations be by VWOS or by any subcontractor, or by anyone O&M Agreement 9 Burlingame Wastewater Treatment Facility Version 2.0 02/26/2018 directly or indirectly employed by either VWOS or any subcontractor provided, however, that VWOS is required to take out and maintain insurance only against claims to which VWOS' hold harmless of City set forth in Section VIIIC of this Agreement applies. The amounts of such insurance shall be as follows: a) Commercial General Liability Public Liability (Personal Injury and Property Damage) Insurance. In an amount not less than $2,000,000.00 (each occurrence) for injuries, including, but not limited to, death to any one person and, subject to the same limit for each person, in an amount not less than $4,000,000.00 general aggregate limit , and in a form at least as broad as ISO "Occurrence" Form CG 0001. b) Automobile Liability Insurance for Autos Owned or Managed by VWOS. In an amount not less than $2,000,000 combined single limit per accident for bodily injury and property damage. c) Pollution Liability Insurance. In an amount not less than $2,000,000 per claim for bodily injury or property damage because of a pollution event resulting from covered operations or completed operations. d) Professional Liability Insurance. In an amount not less than $1,000,000 per claim sufficient to insure VWOS for professional errors or omissions in the performance of the particular scope of work under this agreement. 4. Proof of Carriage of Insurance. VWOS shall furnish CITY, through the Public Works Director, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required, and that each carrier shall give CITY at least thirty days prior notice of the cancellation of any policy during the effective period of this Agreement. VWOS shall provide an endorsement to its commercial general liability automobile liability, and pollution liability insurance policy demonstrating that the CITY, its elective and appointive boards, officers, agents, and employees have been named as additional insured's to provide indemnity pursuant to subparagraph 3 above. All insurance shall be primary, and any insurance or self-insurance maintained by CITY shall be excess of VWOS' insurance and shall not contribute to it. VWOS' insurance shall apply separately to each insured against whom a claim is made or suit brought, except with respect to the limits of the insurer's liability. O&M Agreement 10 Burlingame Wastewater Treatment Facility Version 2.0 02/26/2018 5. Deductibles. Any deductibles and self -insured retentions must be declared to and approved by CITY, such approval not to be unreasonably withheld. 6. Acceptability of Insurers. Insurance shall be placed with insurers with a Best's rating of no less than A-:VII and authorized to do business in the State of California. O. Compliance with Laws VWOS shall comply with all applicable state, federal and local laws and ordinances as they apply to the FACILITY. CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY THE CONTRACTORS' STATE LICENSE BOARD, WHICH HAS JURISDICTION TO INVESTIGATE COMPLAINTS AGAINST CONTRACTORS IF A COMPLAINT REGARDING A PATENT ACT OR OMISSION IS FILED WITHIN FOUR YEARS OF THE DATE OF THE ALLEGED VIOLATION. A COMPLAINT REGARDING A LATENT ACT OR OMISSION PERTAINING TO STRUCTURAL DEFECTS MUST BE FILED WITHIN 10 YEARS OF THE DATE OF THE ALLEGED VIOLATION. ANY QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO THE REGISTRAR, CONTRACTORS' STATE LICENSE BOARD, P.O. BOX 26000, SACRAMENTO, CA 95826. P. Laboratory 1) NPDES - VWOS will perform all laboratory sampling, testing, and analyses presently required by existing NPDES Permit No. CA 0037788, to be issued July 1, 2018, and provide a QA/QC program. Perform lab analysis for potable water samples for CITY on an as needed basis. The frequency for the analyses would be determined by an event or failure of lab services provided by others to the City. 2) Sampling - Perform the sampling and analysis for Priority Pollutants, Monthly Metals, Toxicity Testing, Semi -Annual Sludge Testing, and Waste Minimization Program. Sampling parameters and sampling frequency are provided in NPDES Permit No. CA 0037788. 3) Accreditation - Conduct four (4) sets of field testing and pay the required fees to attain accreditation for the laboratory at the FACILITY. Q. North Bayside System Unit (NBSU) O&M Agreement 1 1 Burlingame Wastewater Treatment Facility Version 2.0 02/26/2018 The North Bayside System Unit (NBSU) is the Joint Powers Authority responsible for operation of certain shared transport and disposal facilities. The NBSU provides de -chlorination and effluent disposal services for four municipal wastewater treatment plants: Burlingame, Millbrae, SF Airport, and South San Francisco/San Bruno. The joint effluent is de -chlorinated prior to discharge into San Francisco Bay. VWOS shall monitor and report to the City any changes in the Joint Powers Authority. VWOS shall operate the Facility in a manner that conforms to effluent parameters set forth in the treatment plant's NPDES permit #CA0037788. VWOS shall attend NBSU meetings and keep the City appraised of pertinent issues. VWOS shall assist the City in the evaluation process involved with annual maintenance and repairs of the NBSU line. VWOS shall assist the City with development of SOP's for planned and emergency shutdown procedures of the NBSU line. R. Conflicts of Interest VWOS understands that its professional responsibilities are solely to the CITY. VWOS has not and shall not obtain any business holdings or financial interest in the City of Burlingame. VWOS has no business holdings or agreements with any individual member of the Staff or management of the CITY or its representatives nor shall it enter into any such holdings or agreements with such individuals. In addition, VWOS warrants that it does not presently and shall not acquire any direct or indirect financial interest adverse to those of the CITY in the subject of this Agreement, and it shall immediately disassociate itself from such an interest should it discover it has done so and shall, at the CITY' s sole discretion, divest itself of such interest. VWOS shall not knowingly and shall take reasonable steps to ensure that it does not employ a person having such an interest in this performance of this Agreement. If after employment of a person, VWOS discovers it has employed a person with such direct or indirect interest, VWOS shall promptly notify CITY of this employment relationship, and shall, at the CITY's sole discretion, sever any such employment relationship, or at the discretion of VWOS, no longer employ that individual in the performance of the Agreement. The term "financial interest," as used in this Paragraph, does not include this Agreement, or any obligations undertaken by VWOS pursuant to the Agreement, or any litigation, lawsuits or claims that may arise from VWOS's operations under this Agreement. Section IV. CITY RESPONSIBILITIES A. Compensation O&M Agreement 12 Burlingame Wastewater Treatment Facility Version 2.0 02/26/2018 Effective July 1, 2018, the CITY shall pay to VWOS as compensation for the services performed, the sum of $281,363 based on 0.856 x 3.60% CPI-W increase for San Francisco Bay area as published for the month of February 2018 by the U.S. Department of Labor, Bureau of Labor Statistics. This compensation amount shall be payable at the first of each month the services are to be rendered. Compensation will be subject to annual adjustment as described in Attachment A. Payment to VWOS for this and all other compensation or reimbursement arising from other provisions of this Agreement shall be made within twenty (20) days after receipt of invoice. Late payments in excess of 20 days will be subject to a service charge of 1.5% per month or maximum legal rate, whichever is less. It is agreed and understood that the process for payment provided in this Agreement is intended to accommodate an ongoing system. Therefore, it is expected that the City shall pay compensation under this section that the City may dispute in either amount or extent, and that payment by the City shall not be interpreted to waive any rights the City may assert to dispute the amounts claimed by VWOS through the dispute resolution process of this Agreement or otherwise. To the extent that any portion of the compensation described herein violates applicable law or the terms of any existing debt, bonds, grants or other financing or debt incurred by the CITY prior to the effective date relating to any of the FACILITY, VWOS and the CITY shall adjust the compensation to comply with such applicable law or the terms of such existing debt, bonds, grants or other financing or debt, as applicable, in order to provide VWOS with the amount of compensation contemplated under this Agreement. B. Audits The CITY, at its own expense, shall have the right to audit VWOS costs at any time during the life of this Agreement. C. Easements and Liens VWOS shall maintain existing easements, licenses, and warranties for the mutual benefit of both parties. D. Existing Inventories The City shall provide vehicles and equipment listed in Attachment B for use by VWOS (as identified on February 26, 2018). This list shall be updated annually and included in the annual budget update O&M Agreement 13 Burlingame Wastewater Treatment Facility version 2.0 02/26/2018 report as an amendment to Attachment B. Said vehicles and equipment shall be in good and serviceable condition and shall comply with all OSHA and State licensing requirements. Should CITY elect to remove any item listed in Attachment B from use, CITY agrees to replace said item immediately with comparable vehicles or equipment, and the City shall be responsible for providing proper maintenance on said replacement vehicles or equipment. E. Capital Outlay and Capital Improvement Plan Reimbursements City shall pay for all capital outlay and capital improvement plan improvements so that the water quality and other performance guarantees are not compromised. Payment for these invoiced services is detailed in Attachment A - Section E. Capital Outlay/Improvement items that will improve productivity or other savings to the operator will not be approved unless the CITY will receive a satisfactory portion of the economic benefit. Capital Outlay/Improvement items related to personnel and public safety, facility protection, compliance with new permit requirements, expanded capacities, or product quality enhancement shall be evaluated on their particular merits and purchased in accordance with available funds; however, these capital Outlay/Improvement items remain the sole responsibility of the City. The City and VWOS understand that additional capital Outlay/Improvement items may be required at the facilities and that VWOS under a turnkey and financing approach can provide significant savings to the City. VWOS shall complete a detailed design, operation, and finance submittal for the City's review for each potential turnkey project. The City, at its sole discretion, can elect to proceed and would then adjust VWOS compensation and contract term to mutually agreeable payment terms. The CITY may also proceed to perform the work with its own forces or to contract otherwise to have the work performed. In such circumstances, VWOS shall have the option to review such CITY performed work for acceptability prior to assumption of responsibility for operation and maintenance. F. Emergency Repairs VWOS shall have the right to make emergency capital outlay expenditures, with prior notification to the City and City consent, if such expenditures are necessary to continue operation of the FACILITY in order to provide for employee public safety and environmental protection. The CITY will reimburse VWOS for these O&M Agreement 14 Burlingame Wastewater Treatment Facility Version 2.0 02/26/2018 emergency capital outlay expenditures Attachment A -Section D. G. Digester Cleaning in accordance with Provide for digester cleaning since it is beyond normal maintenance practice and is not a normal operating expense. Digester cleaning budgeting will be accomplished in the annual capital plan process. Both parties recognize that plant upsets and unusual operations costs could be incurred by the limitations of the digester system during periods of digester cleaning. Any costs incurred by VWOS due to digester inadequacy during cleaning periods shall be the responsibility of the CITY. Section V. LIMITATIONS A. Influent Characteristics Should FACILITY influent wastewater characteristics exceed FACILITY design parameters as determined by the design engineer as outlined in the Design Engineer's Memorandum dated September 12, 1990 prepared by Black & Veatch, which states: Average Annual Daily Flow 4.5 MGD Biochemical Oxygen Demand (BOD) 10,320 lbs. per day Total Suspended Solids (TSS) 10,300 lbs. per day Or should influent contain abnormal, toxic or other substances which cannot be removed or treated by the existing FACILITY or contain discharges which violate the applicable sewage ordinances, VWOS does not accept responsibility for associated effluent characteristics or damages. VWOS shall advise the CITY in writing of the abnormal situation and planned course of action within 48 hours of occurrence. However, VWOS in such event agrees to return FACILITY effluent to contract limits within twenty (20) days after influent returns to acceptable limits. B. City Acts Wrongful, willful, or negligent acts of the CITY, through its officers, agents, or employees and wrongful, willful or negligent acts of third parties, or acts of God, which cause damage to the FACILITY or to other parties or properties, shall be the responsibility of the CITY. VWOS shall not be responsible for: O&M Agreement 15 Burlingame Wastewater Treatment Facility Version 2.0 02/26/2018 • Wrongful, willful or negligent acts of the CITY, by its officers or employees or agents not affiliated with VWOS, and • Wrongful, willful, or negligent acts of third parties not affiliated with VWOS, and • Acts of God which cause damage to the FACILITY or damage or injury to other parties or properties. C. Force Majeure Extraordinary or unusual occurrences associated with flood, earthquakes, fire or acts of God which increase maintenance expense, repair costs, or other expense shall be the responsibility of the CITY. D. Labor Conditions In the event labor stoppage by employee groups (e.g., picketing) causes a disruption with VWOS' employees from entering and working at the treatment plant FACILITY, the CITY, with VWOS' assistance or VWOS at its own option shall seek appropriate legal injunctions or court orders. During such a designated period, VWOS shall operate the FACILITY on a best-efforts basis until labor relations are normalized and shall not be liable for any fines or penalties that are imposed as a result of such disruptions. The CITY retains the right to assume responsibility for the FACILITY should a labor stoppage endanger public health and safety. E. Changes in Law Changes in regulations or laws that require modification of treatment processes, addition of new or additional chemicals, or changes in staffing requirements will require modification of contract scope and may require increased payment by the City to VWOS per Attachment A, subparagraph 4. Section VI. INDUSTRIAL WASTE PROGRAM (IWP), and STORM WATER POLLUTION PREVENTION PROGRAM (STOPPP) VWOS shall use its best efforts to operate and manage the Industrial Waste Program (IWP) and the Storm Water Pollution Prevention Program (STOPPP) for the CITY. These programs shall consist of: investigating sources of unusual wastes entering the CITY's wastewater treatment plant, sewer system overflows, and winterization of construction projects; documentation of illicit discharge to the storm water collection system and all 06M Agreement 16 Burlingame Wastewater Treatment Facility Version 2.0 02/26/2018 inspections; performing field monitoring; inspection of commercial, industrial, and construction sites (mostly non- residential) for stormwater and if applicable for grease trap conditions and maintenance; maintenance of equipment assigned to the program; sample collection and analysis, as per Attachment C; and laboratory work. All reports, monthly and annually, shall be prepared by VWOS in strict confidence and only submitted to the Director of Public Works or designate. The Director of Public Works shall, at all times, be the Director of the Programs. VWOS shall pay all expenses incurred in the operation and management of the IWP, and STOPPP including wages, salaries, and consumables - such as gasoline and laboratory chemicals - and industrial waste laboratory testing by an outside laboratory. VWOS shall staff the program with qualified personnel. A 150 increase or decrease in inspection, monitoring, sampling, or testing frequency time for a 12-month average period from the list described in Attachment C, shall be subject to the terms and conditions of Attachment A, Section D, "GENERAL PROVISION FOR ADJUSTMENTS." Section VII. ELECTRICAL PROGRAM It is the intent of the electrical program to provide a basis for all electrical costs. The program is keyed on an annualized cost per kilowatt-hour and annual total kilowatt-hour consumption. Adjustments to electrical costs shall be the result of (1) changes in electrical rates by the electrical utility, (2) major additions or deletions of plant equipment, and/or (3) events outside the control of VWOS that impact overall electrical consumption. Electric cost baseline information and adjustment terms are provided in Attachment A. Adjustments to the unit cost electrical component of the compensation shall be made annually during the annual review of project indices based on a 10% increase or decrease in the kWh unit price. Should overall electrical consumption over the monitoring period increase or decrease by 10% due to circumstances outside the control of VWOS, compensation shall be adjusted accordingly. Section VIII. GENERAL PROVISIONS A. Renewal 06M Agreement 17 Burlingame Wastewater Treatment Facility version 2.0 02/26/2018 This Agreement may be renewed for successive terms of five (5) years each as provided in this Section. If VWOS desires to renew this Agreement, it shall give written notice to the CITY no later than the January 1 preceding the July 1 termination date of the Agreement. If VWOS conditions the renewal of the Agreement on an increase in compensation above the price adjustment contained in Attachment A "ADJUSTMENTS TO COMPENSATION," VWOS shall include in the notice a clear statement of the increased compensation and a justification of the requested increase. Upon receipt of a written notice of renewal, the CITY and VWOS will prepare a reasonableness rate and cost report to compare the projected VWOS charges vs. wastewater charges and rates being paid by other municipalities for comparable wastewater treatment facilities in the surrounding area. The reasonableness report will be provided to the CITY no later than April 1 preceding the July 1 termination date. Any costs incurred in preparing the reasonableness report by an outside agency shall be paid by the CITY. Following receipt of the reasonableness report, the CITY may in its sole discretion determine whether to renew the Agreement on the terms offered by VWOS, negotiate a different agreement with VWOS, or take any other action that it determines appropriate. No later than June 1 preceding the July 1 termination date, CITY shall notify VWOS of its decision with regard to renewal. Should the CITY not provide this written notice, the Agreement will terminate on the July 1 termination date. If the Agreement is not renewed, VWOS shall continue to provide the current operations staff and perform services in accordance with this Agreement for one hundred eighty (180) days beyond the date of termination. During this extended period, CITY shall compensate VWOS based on VWOS' direct costs X overhead factor of 15% X 1.1 profit fee multiplier. B. Termination Either party to this Agreement may terminate this Agreement upon material breach by the other party providing that such terminating party first provide written notice of such breach to the other party and such breach is not corrected within ninety (90) days. In this event, VWOS shall continue to provide the current operations staff for a period of at least one hundred eighty (180) days beyond the set date of termination. CITY shall compensate VWOS O&M Agreement 18 Burlingame Wastewater Treatment Facility Version 2.0 02/26/2018 based on VWOS' [(direct costs x [150] overhead factor) x 1.1 profit fee multiplier]. C. Hold Harmless VWOS hereby agrees to, and shall hold the CITY, its elective and appointive boards, officers, agents and employees, harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from VWOS' operations under this Agreement, whether such operations be by VWOS or by any subcontractor or subcontractors; provided, however, it is understood that this Agreement does not apply to bodily injury or property damage arising out of the discharge, dispersal, release or escape of the FACILITY effluent into or upon land, the atmosphere or any water course or body of water unless as a result of the negligence or willful or wrongful misconduct of VWOS or any subcontractor of VWOS. Except as provided for above, VWOS agrees to and shall defend CITY and its elective and appointive boards, officers, agents and employees from any suits or actions at law or in equity for damages caused or alleged to have been caused by reason of any of the aforesaid operations; provided as follows: a) That CITY does not, and shall not, waive any rights against VWOS that it may have by reason of the aforesaid hold -harmless agreement, because of the acceptance by CITY, or the deposit with CITY by VWOS of any of the insurance policies hereinbefore described in Section III-N. b) That the aforesaid hold -harmless agreement by VWOS shall apply to all damages and claims for damages of every kind suffered by reason of any of the aforesaid operations of VWOS or any subcontractor, regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages, except as provided in the second paragraph Section VIII-D. Notwithstanding anything to the contrary in this Agreement: (1) neither VWOS nor its subcontractors or vendors of any tier, nor their respective officers, directors, employees, agents or representatives, shall be liable to CITY for consequential, incidental, indirect or special damages or loss of actual or anticipated profits, cost in excess of estimated costs, or increased expenses of manufacturing, relating directly or indirectly to this Agreement; (2) CITY's exclusive remedies O&M Agreement 19 Burlingame Wastewater Treatment Facility Version 2.0 02/26/2018 against VWOS and its subcontractors or vendors of any tier, and their respective officers, directors, employees, agents and representatives shall be only those expressly provided in this Agreement; (3) VWOS shall name the CITY as an additional insured on the comprehensive general liability insurance required to be carried under this Agreement, using as the endorsement the attached Exhibit A, with combined single limits of liability of $2 million per occurrence and $4 million aggregate; and (4) the cumulative liability of VWOS, its insurers, its subcontractors and vendors of any tier, and their respective officers, directors, employees, agents and representatives arising from or relating in any way to the Facility (exclusive of VWOS' liability under Section VIII C for reimbursement of fines and penalties)shall in no event exceed on an annual aggregate basis an amount equal to the limits of insurance required to be carried by VWOS under this Agreement, and CITY assumes any excess liability. The foregoing shall apply regardless of whether liability or remedies arise in contract, negligence, strict liability or otherwise. D. Water Quality Protection VWOS shall reimburse the CITY for those fines and civil penalties imposed by regulatory agency on CITY during the term of the AGREEMENT for violations of the CITY's NPDES Permit #CA0037788, issued on July 1, 2018, caused solely by VWOS' negligence or willful misconduct. VWOS shall be given full authority to contest such violations and CITY shall assist VWOS in all such proceedings. E. Dispute Resolution If the parties cannot agree upon the respective liabilities of the parties, either party shall notify the other that such a disagreement exists. Within ten (10) days after receipt of such notice, each party shall appoint an arbitrator. Within twenty (20) days after those arbitrators are named, they shall appoint a third arbitrator. The three arbitrators shall forthwith meet and determine the respective liabilities of the parties. Arbitration shall be conducted according to the rules of the American Arbitration Association, Construction Industries Section. The laws of the State of California regarding arbitration, insofar as applicable, shall govern any arbitration under this paragraph. The arbitrators may examine evidence and witnesses. The decision of at least two of the three arbitrators shall be final and binding upon the parties hereto. The decision of the arbitrators shall be in 06M Agreement 2 0 Burlingame Wastewater Treatment Facility Version 2.0 02/26/2018 writing; and immediately upon its completion, one copy shall be transmitted to the CITY and one copy to VWOS. F. Fire Insurance CITY shall purchase and maintain standard fire insurance policies, including extended coverage to the full insurable value of the FACILITY; and VWOS shall be named as an additional insured under these policies during the life of this contract. VWOS shall have no liability to CITY with respect to loss, damage, or destruction covered by such policies. The City may also elect to provide all or part of such coverage through self-insurance or coverage provided by an insurance pool. G. City Financial Review VWOS agrees to make its books and records relative to the operation of the FACILITY available for inspection by CITY, its designated agent, or designated independent accountant for the specific purpose of determining the validity of any requested increase for compensation and for the general purpose of ascertaining compliance with the provisions of this Agreement. Such inspections shall be made during normal business hours. H. VWOS Capital Any capital equipment provided by VWOS during the term of this Agreement shall remain the property of VWOS. In the event VWOS sells such equipment, the CITY shall have first option to purchase. I. VWOS Independent Contractor It is understood that the relationship of VWOS to the CITY is that of an independent contractor and that none of the employees or agents of VWOS shall be considered employees of the CITY. J. Waiver of Rights The failure on the part of either party to enforce its rights as to any provision of the Agreement shall not be construed as a waiver of its rights to enforce such provision in the future. K. Assignment O&M Agreement 21 Burlingame Wastewater Treatment Facility Version 2.0 02/26/2018 This Agreement shall not be assigned by either party without the prior written consent of the other unless such assignment shall be to an affiliate or successor of either party. L. Equal Opportunity Employment VWOS warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. VWOS does not and shall not discriminate against persons employed or seeking employment with them on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment & Housing Act. In performing services under this Agreement, VWOS shall not discriminate against any permit holder or persons receiving or seeking service on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition. M. Agreement Limits This Agreement contains the entire Agreement between the CITY and VWOS and supersedes all previous or contemporaneous communications, representations, or agreements. This Agreement may be modified only by written amendment signed by both parties. N. City Access CITY public works staff shall have access to the FACILITY covered by this Agreement at all times, but shall be required to first sign in at the FACILITY main office. O. Notices All notices shall be in writing and delivered in person or transmitted by certified mail, return receipt requested, postage prepaid. Notices required to be given to VWOS shall be addressed as follows: Senior Vice President Veolia West Operating Services, Inc. 3731 Wilshire Blvd., Suite 600 Los Angeles, CA 90010 Notices required to be given to the CITY shall be addressed as follows: O&M Agreement 22 Burlingame Wastewater Treatment Facility version 2.0 02/26/2018 CITY MANAGER OF THE CITY OF BURLINGAME City Hall 501 Primrose Road Burlingame, CA 94010 or to such other address as may be specified in written notice. IN WITNESS WHEREOF, the CITY and VWOS have caused this Agreement to be duly executed as of the day and year first above written. By C TY MANA ER C Y ATTORNEY By(i/e; VEOLIA WEST OPERATING SERVICES,INC. O&M Agreement Burlingame Wastewater Treatment Facility 23 Version 2.0 02/26/2018 ATTACHMENT A ADJUSTMENTS TO COMPENSATION A. Adjustments to Compensation From commencement of the contract until the contract expires, compensation shall be adjusted to as per herein provided by this contract. It is the objective of this contract to minimize such adjustments. Examples of items that trigger contract adjustments are as follows: • Annual - Consumer Price Index (CPI-W) for all costs other than electricity. • Periodic - Electricity based on an increase or decrease of 10% in the 12 month average unit cost and/or the 12 month consumption of electricity in kilowatt hours. • Periodic - An increase or decrease of more than 10% in 12 month averages for flow and loading • Periodic - An increase or decrease of more than 10% in Biosolids and Grit and Screenings wet ton per year volumes and/or cost required for disposal. • Periodic - Other factors such as changes in regulatory requirements, approved VWOS turnkey project improvements, etc. The annual CPI adjustment shall be implemented on July 1 of each year based on the change in CPI from February 28 of the current year and February 28 of the previous year. All periodic adjustments shall be discussed during the annual meeting held prior to March 1 of each contract year. All adjustments shall be made retroactive to the date that the adjustment exceeded the upper or lower trigger values. Suitable substantiating information shall be provided by VWOS to demonstrate the need for the adjustment. Adjustments shall be based on cost exclusive of the annual changes in CPI and shall be billed or credited to the CITY by May I of that year. B. Annual Adjustments - CPI-W Compensation shall be increased or decreased annually according to the following U.S. Department of Labor, Bureau of Labor Statistics (B.L.S.) index: Consumer Price Index (CPI-W) (San Francisco -Oakland -San Jose, 1982-84 = 100). The first increase or decrease in compensation O&M agreement 24 Burlingame Wastewater Treatment Facility Version 2.0 02/26/2018 shall be effective July 1, 2018 and shall be based on the sum total percentage change in the above -mentioned indices between February 28, 2017 and February 28, 2018. Each subsequent increase or decrease in compensation shall be effective each July 1 and shall be based on the prior February 28 to February 28 change in the B.L.S indices. Should the B.L.S index change the method and manner of the CPI-W then both parties agree to develop a new compensation standard, which equitably adjusts the annual compensation. The percentage increase or decrease in service compensation is to be calculated annually. WEIGHT INDEX CHANGE WEIGHTED % CHANGE (% Change in CPI-W 0.856 x San Francisco -Oakland- = WT. % CHANGE San Jose 1982-84 = 100) NOTE: Weighted factor is based on the percentage of overall basic compensation contract costs exclusive of electricity. C. Periodic Adjustments 1) Electricity Compensation shall be increased or decreased for utility rate changes and/or overall electrical consumption. Adjustments to the unit cost electrical component of the compensation shall be made annually during the annual review of project indices —based on a 10% increase or decrease in the annualized kilowatt-hour unit price. Should overall electrical consumption over the monitoring period increase or decrease by 10% due to circumstances outside the control of VWOS, compensation shall be adjusted accordingly. Adjustments shall be made retroactive to the date that the cost impact of the change was documented by electric bills. Initial baseline values for electrical unit cost and overall electrical consumption are as follows: $0.16 per kilowatt-hour (kWh), Monthly Rolling Average (MRA) = $0.1842 per kWh 5,800 kwh/day, MRA = 5,094 kwh/day O&M Agreement 25 Burlingame Wastewater Treatment Facility version 2.0 02/26/201B 2) Flow and Loading The Annual Fee for services under this AGREEMENT is based upon the following Project characteristics: Flow 3.9 mgd, BOD, 8,400 #/day, MRA = 9,009 #/day TSS 8,400 #/day, MRA = 9,135 #/day Any annualized (12-month average) increase or decrease of 10% in flow, BOD loading, or SS loading shall give either party the option to renegotiate service compensation upon 30 days written notification to the other party. All compensation adjustments shall be retroactive to the beginning of such 12-month period. BOD loading and SS loading for the purpose of this contract shall be calculated as follows: Monthly BOD, _ (monthly average of daily plant Loading influent BOD, in mg/1) x (monthly (lbs./day) average influent flow in million gallons per day) x (8.34 lbs./gallon) Monthly = (monthly average of daily plant Suspended Solids influent suspended solids in mg/1) x Loading (monthly average influent flow in (lbs./day) million gallons per day) x (8.34 lbs./gallon) 3) Residuals Disposal Residuals disposal, which includes screenings, grease, grit, and biosolids, shall be the responsibility of VWOS. The current baseline conditions for these residual amounts are: Biosolids 4,280 Wet Ton/Year and per ton cost of $46.17, Grit and Screenings 88 Wet Ton/Year per year and net per ton cost of $277.00. 4) General Provision for Adjustments In the event that any changes in the scope of operation for the FACILITY should occur (other than those discussed elsewhere in this Attachment), including but not limited to changes in flow or loadings, changes in governmental regulations, reporting requirements, and effluent standards which increase the cost of O&M Agreement 2 6 Burlingame Wastewater Treatment Facility Version 2.0 02/26/2018 operating the FACILITY, or additions of turnkey capital or maintenance equipment by VWOS to the City, VWOS shall be entitled to additional compensation which would include reasonable amounts for overhead and profit. Such additional compensation will be: (1) negotiated by the parties within a reasonable period of time or, if no negotiated agreement can be achieved, (2) set as a compensation adjustment of [(direct costs x VWOS 15% overhead factor) x 1.1 profit fee multiplier]. D. General Facility Maintenance Payments The general Facility Maintenance fund encompasses a wide range of smaller repair and maintenance purchases made during the year. The contractually approved CPI-W for the San Francisco -Oakland -San Jose Bay Area is applied to the General Facility Maintenance fund for an annual increase/decrease depending on the results of the February B.L.S. index. VWOS shall provide a monthly invoice to the City for all General Facility Maintenance Expenditures. The invoice amounts will show the actual expense with 15% for overhead and 10% for profit. E. Capital Outlay Payments The City agrees to maintain throughout the contract year the maintenance plan funds that were approved on or before June 30. VWOS shall complete these repairs as required in a timely fashion. It is agreed that as these maintenance projects from the maintenance plan are completed, VWOS shall provide a monthly invoice to the City for all maintenance plan expenditures. The invoice amounts will show the actual expense with 15% for overhead and 10% for profit. F. Capital Improvement Payments The City agrees to maintain throughout the contract year the Capital Improvement plan funds that were approved on or before June 30. VWOS shall complete these repairs as required in a timely fashion. It is agreed that as these projects from the Capital Improvement plan are completed, VWOS shall provide a monthly invoice to the City for all Capital Improvement plan expenditures. The invoice amounts will show the actual expense with 5% for overhead and 8% for profit. Capital Improvement plan items shall exceed the Capital Outlay dollar limit of $50,000 and/or extend equipment life span. The CITY and VWOS will review the overhead and profit percentages for Capital Improvement work with respect to reasonableness during the annual review meeting held in March. 06M Agreement 27 Burlingame Wastewater Treatment Facility Version 2.0 02/26/2018 ATTACHMENT B LIST OF VEHICLES AND EQUIPMENT i. Treatment Plant • ISCO Sampler: Model No. 3710-FR Serial No. 200M00528 • ISCO Sampler: Model No. 3710-FR Serial No. 02AO1505 • ISCO Sampler: Model No. 2900 Serial No. 197LO1654 ISCO Sampler: Model No. 3700 Serial No. 196L00588 ISCO Sampler: Model No. 3700FR Serial No. 09279249 • ISCO Sampler: Model No. 3700 Serial No. 82979291 • ISCO Sampler: Model No. 3710 Serial No. 196L00588 Backup Head (no case) ISCO Sampler: Model No. 4700 Serial No. 212HO2135 ISCO Sampler: Model No. 4700 Serial No. 212H00629 2003 Ford Pickup: License #1127674 VIN #1FTYR10E03PA32064 • Yard Jockey used for sludge trailer movement • 2006 Equipment Trailer: License 4HP9000 VIN #5NHUEX2196T605219 • Yale Forklift: Model No. GLP060VXNVSQ091 Serial No. B875VO3196G O&M Agreement 28 Burlingame Wastewater Treatment Facility Version 2.0 02/26/2018 Laboratory Equipment • Coliform Incubator IC-62 Scientific products • BOD (Biological Incubator) by Hot Pack • Blue M-Fecal Coliform H,0 Bath, Model: Magni-Whirl • VWR Drying Oven, Model 1350F • Market -Forge Autoclave (for Sterilization) • Thermolyne 6000 Furnace • Hach 2100P Turbidimeter • MicroMaster Microscope -Fisher Scientific • Corning Stirrer/Hotplate • Tek Plate 20 (Hot Plate) • Aquafine UV Disinfection Unit • YSI DO Meter, Model 5000 • Hach DR2700 Spectrophotometer SN: 1364962 • Bioassay custom built skid (4- edition) • MasterFlex peristaltic bioassay feed pump, SN: L02006173 • Kenmore (4°C Refrigerator), SN 83675403 • Labconco Flask Scrubber (Steam Dishwasher) • YSI DO Meter, Model 550A, SN 05D2489 AE • Thermo Orion pH Meter, 4Star, SN 005355 • YSI DO Meter, Model 59, SN 90L022078 • Troemner Analytical Weights, SN 11255 Equipment/Instruments 2017 • OHAUS Pioneer Analytical Balance • Oxford Bacti cinerator • Blue M-Fecal Coliform H2O Bath, Model Magni-Whirl • BOD Incubator (Biological Incubator) by Hot Pack • Honeywell BOD Recorder temperature • Fisher Scientific Centrifuge-Accuspin tm 400 • EM Science Chemical treatment Spill Kit O&M Agreement 29 Burlingame Wastewater Treatment Facility version 2.0 02/26/2018 • American Scientific Products Coliform Incubator IC -62 Scientific products • Coors USA 02/Pyrex England Desiccator • Coors USA 02 Desiccator • Nalgene/Coors USA 5/32 K Desiccator • YSI-MultiLab IDS 4010-1 DO meter • YSI DO Meter Model 5000 • YSI DO meter model 550A SN 05D2489 AE • YSI DO meter model 59 SN 90L022078 • YSI Pro BOD IDS DO Meter Reader (sensor) • Haws Eye Washer • Labconco Flask Scrubber Steam Dishwasher • Hamilton Fume Hood • Hach 210ON Turbidimeter • Kenmore refrigerator (4`C), SN 83675403 • Market -Forge Sterilmatic Autoclave (for sterilization) • MasterFlex Model peristaltic Bioassay feed pump 7524-40 • MicroMaster Microscope - Fisher Scientific • Celestron Microscope • Ohaus Balance MB35 Halogen • Thermo Electron Corporation PH/Conductivity meter • Thermo Electron Corporation ORION 4 Star pH/Conductivity meter (sensor) • Toledo AG SN B149521085 pH/meter • Pump aerator • Pump aerator • Pump aerator • Emergency Shower • Spectrophotometer DR 3900 Hach, SN 1700592 • Spectrophotometer DR2700 Hach, SN 1364962 • Corning Stirrer/Hotplate (4 units) • Corning PC 420D Stirring -Heater plate O&M Agreement 30 Burlingame Wastewater Treatment Facility Version 2.0 02/26/2018 • Thermolyne Furnace 6000 • Heusser Neweigh Thermometer NIST SP 1088 (00-1100C) • Heusser Neweigh Thermometer NIST SP 1088 (00-500C) • OHAUS Explorer Pro Top Loading Balance • Troemner Weights Lab, SN 11255 • Hach 2100 P ISO Turbidimeter Kit calibration • Aquafine UV Disinfection Unit • VWR Dryer Oven, model 1350F • VWR Dryer Oven, model 1350G O&M Agreement 3 1 Burlingame Wastewater Treatment Facility Version 2.0 02/26/2018 ATTACHMENT C INDUSTRIAL WASTE PROGRAM In accordance with CITY Ordinance Number 1572,Veolia shall continue to implement the "Source Control Program" (also referred to as an "Industrial Pretreatment Program") as authorized by the City of Burlingame, CA to regulate the commercial and industrial wastewater discharges into the municipal sewer system. Veolia shall adhere to the requirements and conditions contained in CITY Ordinance Number 1572, 40 CFR Part 403, and San Francisco Bay Regional Water Quality Control Board Order No. R2-2017-0042, Amendment of Waste Discharge Requirements for Municipal and Industrial Wastewater Discharges. The number of industries covered under this program, as of the June 30, 2018 staff report is: Industry Type Number in Category 2018 Contract Light 125 Moderate 30 Heavy 20 Non -Conventional/ Groundwater 6 SIU 1 TOTAL 176 VWOS shall be responsible for all routine testing for the above industries. However, it is anticipated that additional retesting beyond that normally required will be necessary. In such circumstances, VWOS shall invoice the CITY for actual cost of these tests. STORM WATER POLLUTION PREVENTION PROGRAM In accordance with NPDES Permit No. CAS6120008 (aka the Municipal Regional Stormwater Permit and/or MRP), and NPDES Permit No. CAS000001, the annual number of commercial and industrial facilities to be covered under this program (or activity to be taken in support of the program) requiring site inspections, follow-up inspections, routine reports and reporting, assistance with enforcement actions, meetings, etc. is: 06M Agreement 32 Burlingame wastewater Treatment Facility Version 2.0 02/26/2018 City of Burlingame and Veolia Water Municipal Regional Stormwater NPDES Permit Scope of Work - Inspection Category Numbers Municipal Regional Permit Number in Category Section (or activity to be taken) C.3 - New Development and 130 Redevelopment C.4 - Industrial and 96 Commercial Site Controls C.5 - Illicit Discharge 25 Detection and Elimination C.6 - Construction Site 10 Control C.7 - Public Information and Annual Bay Shoreline Clean-up event Outreach coordination; and Burlingame on the Avenue event informational booth C.13 - Copper Controls (Assist City staff) C.15 - Exempted and (Assist City Staff) Conditionally Exempted Discharges Annual MRP Reporting Assist City staff) MRP-associated meetings and (Attend as required) conferences STOPPP regulatory review and (As required) commentary Wastewater Treatment Plant 1 Storm Water Permit Management and Compliance City Code Enforcement support (Assist City staff when STOPPP- related) OEM Agreement 33 Burlingame Wastewater Treatment Facility Version 2.0 02/26/2018 City of Burlingame and Veolia Water Municipal Regional Stormwater NPDES Permit Scope of Work - Description Veolia Water will provide support to achieve compliance with the City of Burlingame's Municipal Regional Stormwater NPDES Permit (MRP) requirements. Technical support includes, but is not limited to, Provisions C.3 (New Development and Redevelopment), C.4 (Industrial and Commercial Site Controls), C.5 (Illicit Discharge Detection and Elimination), and C.6 (Construction Site Control). Veolia staff will also represent the City at the San Mateo Countywide Water Pollution Prevention Program (SMCWPPP) Committee meetings. Task 1: Review New Development and Redevelop Plans Provision C.3 of the MRP requires Permittees to use their planning authorities to include appropriate source control, site design, and stormwater treatment measures in new development and redevelopment projects to address stormwater runoff pollutant discharges and prevent increases in runoff flows from those projects. Veolia Water will help support the following tasks in Provision C.3 of the MRP: • Attend pre-planning/planning meetings to ensure applicant is aware of C.3 requirements. If not regulated by C.3, encourage green infrastructure and source control measures. (C.3.a) • Plan check of all submitted projects and upon request by City staff. Review projects to ensure C.3 compliance, encourage green infrastructure and source control measures when not regulated by C.3. (C.3/C.6) • Develop and maintain database (or spreadsheet) of regulated projects, special projects, and hydromodification management projects. (C.3.b.v/ C.3.e.ii/C.3.g.iv) • Implement the Operations and Maintenance (O&M) Verification Program for installed stormwater treatment systems; conduct O&M inspections per MRP using the O&M inspection form (C.3.h.) • Conduct enforcement actions consistent with the Enforcement Response Plan for all 0&M inspections. (C.3.h.ii.(7)) • Review site designs for small projects and detached single- family home projects. (C.3.i.) • Attend pertinent training. (C.3/C.6) O&M Agreement 34 Burlingame Wastewater Treatment Facility version 2.0 02/26/2018 • Assist with internal compliance assessments, program improvements, training, outreach, and other tasks upon request. (C.3) • Attend weekly Code Enforcement Meetings with City staff. • Attend quarterly SMCWPPP New Development committee meetings or notify the City if unable to attend. Task 2: Stormwater Business Inspections Provision C.4 of the MRP requires Permittees to implement an industrial and commercial site control program at all sites that could reasonably be considered to cause or contribute to pollution of stormwater runoff. Veolia Water will help support the following tasks in Provision C.4 of the MRP: • Conduct inspections for commercial and industrial businesses that have a reasonable likelihood of contributing to stormwater pollution. Conduct follow-up inspections for businesses that have potential or actual BMP violations. Document all site inspections on the C.4 Business Inspection Form electronically via CloudCompli or on paper. (C.4.b) • Following site inspections, assign or update business priority level (as established in c.4.b.ii.(2)(a)) for each facility, site contact information, change of ownership, closure, etc. in an electronic database. (i.e., CloudCompli) (C.4.b.ii) • Add new businesses to an electronic database (i.e., CloudCompli) that warrant inspections obtained from drive -by or monthly business license report. (C.4.b.ii.(2)(c)) • Develop, implement, and update the City's Business Inspection Plan annually. (C.4.b.) • Develop, implement, and update the City's Enforcement Response Plan as needed. (C.4.c.) • Conduct inspections per BIP and ERP to prevent stormwater pollution. Ensure that inspections are record using an inspection form and are uploaded to an electronic database (i.e., CloudCompli). (C.4.d.) • Attend pertinent staff training(s) as needed. (C.4.e.) • Attend quarterly SMCWPPP CII meetings or notify the City if unable to attend. O&M Agreement 35 Burlingame Wastewater Treatment Facility version 2.0 02/26/2018 Task 3: Illicit Discharge Follow-up Investigations Provision C.5 0£ the MRP requires Permittees to implement the illicit discharge prohibition and to ensure illicit discharges are detected and controlled that are not otherwise controlled under Provisions CA and C.6. Veolia Water will help support the following tasks in Provision C.5 of the MRP: • Develop, implement, and update the City's Enforcement Response Plan as needed. (C.5.b) • Conduct timely investigations for reports of illicit spills and dumping. (C.5.c.) • Update spill and discharge compliant tracking and enforcement database (i.e., CloudCompli). (C.5.d.) • Develop and implement standards and Best Management Practices (BMPs) for mobile businesses and enforcement strategy. Conduct outreach to mobile businesses and inspect as needed. (C.5.e.) Task 4: Construction Site Inspections Provision C.5 of the MRP requires Permittees to implement a construction site inspection and control program at all construction sites, with follow-up and enforcement consistent with each Permittee's respective ERP, to prevent construction site discharges of pollutants into the storm drains. Veolia Water will help support the following tasks in Provision C.6 of the MRP: • Develop, implement, and update the City's Enforcement Response Plan (ERP) as needed. Conduct associated enforcement per ERP. Ensure timely correction and follow-up of potential and actual non-stormwater discharges. (C.6.b.) • Conduct year-round construction inspection program to ensure BMPs are in place through all phases of construction until the site is fully stabilized by landscaping or the installation of permanent erosion control measures. Oversee, inspect, and require compliance and cleanup at all construction sites year-round. (C.6.c.) • Review applicant's Stormwater Pollution Prevention Plan (SWPPP) or erosion control plan to ensure compliance with the City's Municipal Code and BMP handbook. Verify that sites disturbing one acre or more of land have filed a Notice of Intent for permit coverage under the Construction General Permit. Provide educational materials to operators/developers, as appropriate. (C.6.d.) 05M Agreement 36 Burlingame Wastewater Treatment Facility Version 2.0 02/26/2018 • By September lst each year, notify all site developers and/or owners disturbing one acre or more of soil to prepare for upcoming wet season; conduct monthly inspections during wet season at particular sites per MRP requirements; develop and maintain spreadsheet/database of inspections including frequency, compliance, priority, etc. on CloudCompli; provide appropriate educational materials; require timely corrections as necessary per ERP; and record all inspections on a written or electronic inspection form (via CloudCompli). (C.6.e.) • Attend staff training(s) at least every other year. (C.6.f.) Task 5: Support Copper Controls Provision C.13 of the MRP requires Permittees to implement the control measures and accomplish the reporting on those control measures according to the provisions described in C.13. The purpose of these provisions is to implement the control measures identified in the Basin Plan amendment necessary to support the copper site -specific objectives in San Francisco Bay. Veolia Water will help support the following tasks in Provision C.13 of the MRP: • Encourage use of appropriate BMPs for managing waste during post -construction; educate installers and operators on appropriate BMPs for managing copper -containing wastes; enforce against noncompliance. (C.13.a.) • Provide as -needed support through inspections and enforcement for illicit discharges from pools, spas, and fountains that contain copper -based chemicals. (C.13.b.) • Identify facilities likely to use copper or have sources of copper and include in inspection program plans; educate industrial inspectors on industrial facilities likely to use copper or have sources of copper and proper BMPs for them; and ensure that proper BMPs are in place at such facilities to minimize discharge of copper to storm drains including consideration of roof runoff that might accumulate copper deposits from ventilation systems on site. (C.13.c.) Task 6: Provide information for the MRP Annual Report The MRP Annual Report is due on September 30 of each year. Each Annual Report reports on the previous fiscal year beginning July 1 and ending June 30. O&M Agreement 37 Burlingame Wastewater Treatment Facility Version 2.0 02/26/2018 Veolia Water will help support the following tasks: • Provide data, including information from Tasks 1-5, to the City in a timely manner for completion of the Annual Report. • Attend the Annual Report training hosted by SMCWPPP. Task 7: Organize Annual Bayfront Cleanup Day The Burlingame Bayfront Cleanup Day is an annual waterway and land cleanup held on the third Saturday of September. It overlaps with the California Coastal Cleanup Day, which is the largest volunteer event that brings the community together in removing trash from our waterways and protecting our marine environment. Veolia Water will help support the following tasks: • Serve as primary point of contact for event • Submit reporting forms as requested by the San Mateo County Environmental Health Services • Order materials for the event banner and deliver to or retrieve from the Recreation and Park Department in a timely manner • Assist with set up and tear down of event and provide additional support as needed O&M Agreement 3 6 Burlingame Wastewater Treatment Facility Version 2.0 02/26/2018 Reference Material A-1 ROLLING FIVE YEAR CAPITAL OUTLAY PLAN OEM Agreement 39 Burlingame Wastewater Treatment Facility Version 2.0 02/26/2018 Reference Material B-1 ROLLING FIVE YEAR CAPITAL IMPROVEMENT PLAN O&M Agreement 4 0 Burlingame Wastewater Treatment Facility DocuSign Envelope ID: FFF65E2A-C857-4EFB-BCAE-CE41198DFOC4 AGREEMENT FOR AN EXTENSION OF THE 2018 CITY OF BURLINGAME (CITY) AGREEMENT WITH VEOLIA WATER WEST OPERATING SERVICES INC. (VWOS) FOR THE OPERATIONS AND MAINTENANCE OF THE CITY'S WATEWATER TREATMENT FACILITY THIS EXTENSION AGREEMENT ("Extension"), made in duplicate and entered into effective on the 27th day of June , 2023, extends the agreement dated May 21, 2018 ("2018 Agreement") by and between the CITY OF BURLINGAME ("CITY") and VWOS ("CONSULTANT"). CITY and CONSULTANT are collectively referred to as the "Parties." RECITALS WHEREAS, on May 21, 2018, the City of Burlingame entered into a 5-year operations and maintenance agreement with VWOS for providing turnkey operations and maintenance for the City's wastewater treatment facility and 1099 Rollins Road pump station, which is attached; and WHEREAS, the City and the Consultant are in the process of finalizing the contract terms, the City wishes to provide a two month extension in the interim; and WHEREAS, the cost of this extension shall not exceed $800,000 for base contractual services, facility maintenance, capital outlay, and special projects aspects of the facility maintenance and operations; and WHEREAS, this extension will expire on August 31, 2023; and WHEREAS, this extension will adhere to the contract language from the 2018 — "City of Burlingame: Agreement with Veolia Water West Operating Services Inc. for the Operations and Maintenance of the City of Burlingame Wastewater Treatment Facility" (2018 Agreement) in its entirety; and NOW, THEREFORE, IT IS AGREED AS FOLLOWS: The 2018 Agreement dated May 21, 2023, will be extended for two months, 2. The CITY agrees that the compensation for all work associated with this extension shall not exceed $800,000. 3. This extension is through August 31, 2023. Page 1 of 2 DocuSign Envelope ID: FFF65E2A-C857-4EFB-BCAE-CE41198DFOC4 4. In all other respects, the provisions of the 2018 Agreement dated May 21, 2018, shall remain in full force and effect to the extent they are not in conflict with this Extension. IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year first above written. CITY OF BURLINGAME A municipal corporation By (SX k adAaaA, Lisa K. Goldman City Manager Approved as to form: H; l G City Attorney — Michael Guina ATTEST - City Clerk - Meaghan Hassel -Shearer Page 2 of 2 CONSULTANT ALt,(, m Scup WU VWOS Melissa Sandvold Regional Vice President DocuSign Envelope ID: FFF65E2A-C857-4EFB-BCAE-CE41198DFOC4 RESOLUTION NO. 085-2023 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN EXTENSION TO THE AGREEMENT WITH VEOLIA WATER WEST OPERATING SERVICES INC. IN THE AMOUNT OF $800,000 FOR THE OPERATIONS AND MAINTENANCE OF THE BURLINGAME WASTEWATER TREATMENT FACILTY WHEREAS, on May 21, 2018, the City of Burlingame entered into a five-year operations and maintenance agreement with Veolia Water West Operating Services Inc. (VWOS) to provide turnkey operations and maintenance for the City's wastewater treatment facility and 1099 Rollins Road Pump Station; and WHEREAS, the City intends to renegotiate the agreement for another five-year term with VWOS; and WHEREAS, the City seeks a two -month extension of the existing contract while the new contract negotiations between the City and VWOS are underway; and WHEREAS, the cost of this two -month extension shall not exceed $800,000 for base contractual services, facility maintenance, capital outlay, special projects, and contingency to account for any additional costs for the duration of the extension; and WHEREAS, this extension will expire on August 31, 2023; and WHEREAS, this extension will generally adhere to the contract language in the 2018 City of Burlingame agreement with VWOS for the operations and maintenance of the Burlingame Wastewater Treatment Facility (2018 Agreement) in its entirety; and WHEREAS, the City Council authorizes the City Manager to negotiate and execute the extension with minor changes to the terms of the original contract, as she deems necessary. NOW, THEREFORE, it is RESOLVED, and ORDERED, that the City Manager is authorized to negotiate and execute an extension of the 2018 Agreement with VWOS through August 31, 2023. This extension shall not exceed $800,000. Michael Brownrigg, Mayor DocuSign Envelope ID: FFF65E2A-C857-4EFB-BCAE-CE41198DFOC4 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 June 2023, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: BEACH, BROWNRIGG, COLSON, ORTIZ, STEVENSON NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Meaghan Hassel -Shearer, City Clerk DocuSign Envelope ID: FFF65E2A-C857-4EFB-BCAE-CE41198DFOC4 AOCOO "® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) �V�� 12/29/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Marsh USA, Inc. FA 540 W. Madison Street A/CNNo Ext : (AIX, No): E-MAIL ADDRESS: Chicago, IL 60661 Attn: Veolia.CertRequest@marsh.com I Fax: 212-948-5053 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Everest National Insurance Company 10120 VWWO Boston INSURED Veolia Water West Operating INSURER B: Everest Premier Insurance Company 16045 INSURER C : N/A N/A Services, Inc. INSURER D : Berkshire Hathaway Specialty Insurance 22276 53 State Street, 14th Floor Boston, MA 02109 INSURER E : National Fire & Marine Insurance Co 20079 INSURER F : COVERAGES CERTIFICATE NUMBER: CHI-009773665-50 REVISION NUMBER: 5 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY RM5GL00068-231 (All Other) 01/01/2023 01/01/2024 EACH OCCURRENCE $ 1,000,000 A CLAIMS -MADE OCCUR RM5GL00067-231 (Utility Operations) 01/01/2023 01/01/2024 DAMAGE TO RENTED PREMISES Ea occurrence $ 1,000,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 1,000,000 X POLICY PRO JECT ❑ LOC PRODUCTS - COMP/OP AGG $ 1,000,000 $ OTHER: A AUTOMOBILE LIABILITY RM5CA00066-231 (AOS) 01/01/2023 01/01/2024 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 A ANY AUTO RM5CA00065-231 (MA) 01/01/2023 01/01/2024 X BODILY INJURY (Per person) $ A OWNED AUTOS ONLY SCHEDULED AUTOS RM5CA00064-231 (Utility Operations) 01/01/2023 01/01/2024 BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY (DE, ID, NY, NJ, PA, RI) UMBRELLALIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ B B B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? N (Mandatory in NH) N/A RM5WC00092-231 (AOS) RM5WC00094-231 (FL,ME,NJ) RM5WC00095-231 WI,MA ( ) 01/01/2023 01/01/2023 01/01/2023 01/01/2024 01/01/2024 01/01/2024 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 E CPL - SIR: $1,000,000 42-CPL-326094-01 01/01/2023 01/01/2024 Occurence/Aggregate 5,000,000 D E&O - SIR:$5,000,000 42-CNP-313450-03 01/01/2023 01/01/2024 Per Claim/Aggregate 5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Burlingame, CA O&M of Wastewater Treatment Facilities City of Burlingame, its elective and appointive boards, officers, agents and employees are included as additional insured (except workers' compensation) where required by written contract. This insurance is primary and non-contributory over any existing insurance and limited to liability arising out of the operations of the named insured and where required by written contract. CERTIFICATE HOLDER CANCELLATION City of Burlingame SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 501 Primrose Road THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Burlingame, CA 94010 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) @ 1988-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: FFF65E2A-C857-4EFB-BCAE-CE41198DFOC4 AGENCY Marsh USA, Inc. POLICY NUMBER CARRIER ADDITIONAL REMARKS AGENCY CUSTOMER ID: CN102584993 LOC #: Chicago ADDITIONAL REMARKS SCHEDULE NAMED INSURED Veolia Water West Operating Services, Inc. 53 State Street,l4th Floor Boston, MA 02109 NAIC CODE EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Workers Compensation (Cont.) Carrier: Everest Premier Insurance Company Policy Number: RM5WC00093-231 (Utility Operations) (DE,ID,NY,PA,RI) Effective Date: 01/01/2023 Expiration Date: 01/01/2024 Limit: SEE ABOVE Carrier: Everest Premier Insurance Company Policy Number: RM5EW00005-231 (Excess) (Utility Operations) (NJ) Effective Date: 01/01/2023 Expiration Date: 01/01/2024 Limit: SEE ABOVE Page 2 of 2 ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: FFF65E2A-C857-4EFB-BCAE-CE41198DFOC4 POLICY NUMBER: RM5CA00066-231 COMMERCIAL AUTO ECA 04 611 12 22 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART SCHEDULE Name Of Additional Insured Oraanization Any person or organization for whom you are contractually bound to provide additional insured status but only to the extent of such person or organizations liability arising out of the use of a covered auto. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to the Who Is An Insured paragraph under Section II — Liability Coverage: The organization shown in the Schedule with respect to the operation, maintenance, or use of a covered "auto" if you are required to add such organization to this policy as an additional insured in order to comply with the terms of a written "insured contract' or written agreement. However, the insurance provided by this endorsement will not exceed the lesser of: 1. The coverage and/or limits of this policy; or 2. The coverage and/or limits required by said contract or agreement. All other terms and conditions of this Policy apply. ECA 04 611 12 22 Copyright, Everest Reinsurance Company, 2022 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., used with its permission DocuSign Envelope ID: FFF65E2A-C857-4EFB-BCAE-CE41198DFOC4 POLICY NUMBER: RM5GL00068-231 COMMERCIAL GENERAL LIABILITY CG20101219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations ANY PERSON OR ORGANIZATION THAT ENTERED INTO A WRITTEN CONTRACT WITH THE NAMED INSURED REQUIRING SUCH PERSON(S) OR ORGANIZATION(S) TO BE NAMED AS AN ADDITIONAL INSURED Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Pagel of 2 DocuSign Envelope ID: FFF65E2A-C857-4EFB-BCAE-CE41198DFOC4 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 10 12 19 DocuSign Envelope ID: FFF65E2A-C857-4EFB-BCAE-CE41198DFOC4 POLICY NUMBER: RM5GL00068-231 COMMERCIAL GENERAL LIABILITY CG20371219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations ANY PERSON OR ORGANIZATION THAT ENTERED INTO A WRITTEN CONTRACT WITH THE NAMED INSURED REQUIRING SUCH PERSON(S) OR ORGANIZATION(S) TO BE NAMED AS AN ADDITIONAL INSURED Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 37 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 DocuSign Envelope ID: FFF65E2A-C857-4EFB-BCAE-CE41198DFOC4 ENDORSEMENT This endorsement, effective 12:01AM: 01/01/2023 Forms a part of Policy No.: 42-CPL-326094-01 Issued to: Veolia North America, Inc. By: National Fire & Marine Insurance Company ADDITIONAL INSURED ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: CONTRACTOR'S POLLUTION LEGAL LIABILITY POLICY I. The entity(s) listed below on the Additional Insured Schedule is included as an additional insured(s). Coverage for such additional insured(s) applies under this Endorsement: a. Solely to the additional insured(s) liability arising out of the "named insured's" "covered operations" and b. Only if the additional insured(s) is named in a "claim" as a co-defendant with the "named insured", alleging that additional insured is liable on the basis described in Paragraph a. above. ADDITIONAL INSURED SCHEDULE As required by written contract executed prior to the "occurrence" of "pollution" All other terms and conditions of this policy remain unchanged. Page 1 1 CL-CPL-011-02/2017 DocuSign Envelope ID: FFF65E2A-C857-4EFB-BCAE-CE41198DFOC4 Everest National Insurance Company - Company Profile - Best's Credit Rating Center AM Best Rating Services Everest National Insurance Company BestLink i$ AMB #: 002799 NAIC #: 10120 FEIN #: 222660372 Administrative Office Warren Corporate Center 100 Everest Way Warren, New Jersey 07059 United States Web: www.everestnational.com Phone:9O8-604-3000 Fax:9O8-604-3434 View Additional Address Information AM Best Rating Unit: AMB #: 058455 - Everest Re Group, Ltd. Assigned to insurance companies that have, in our opinion, a superior ability to meet their ongoing insurance obligations. AM PE+ST SUPPEERI OR F�encml Strength Ratng View additional news, reports and products for this company. Based on AM Best's analysis, 058455 - Everest Re Group, Ltd. is the AMB Ultimate Parent and identifies the topmost entity of the corporate structure. View a list of operating insurance entities in this structure. Best's Credit Ratings Financial Strength View Definition Rating (Rating Category): A+ (Superior) Affiliation Code: g (Group) Outlook (or Implication): Stable Action: Affirmed Effective Date: June 15, 2022 Initial Rating Date: June 14, 1993 Long -Term Issuer Credit View Definition Best's Credit Rating Analyst Rating Office: A.M. Best Rating Services, Inc. Senior Financial Analyst: Dan Hofineister, CFA, FIRM, CAIA, CPCU, ARe, AIS, AIAF Senior Director: Carlos Wong-Fupuy Note: See the Disclosure information Form or Press Release below for the office and analyst at the time of the rating event. Note: Credit Ratings on this company are European Union Endorsed and United Kingdom Endorsed Disclosure Information Rating (Rating Category): aa- (Superior) Outlook (or Implication): Stable Disclosure Information Form Action: Affirmed View AM Best's Rating Disclosure Form Effective Date: June 15, 2022 Press Release Initial Rating Date: June 17, 2005 AM Best Affirms Credit Ratings of Everest Re Group,. Ltd. and Its Subsidiaries June 15, 2022 Financial Size Category View Definition View AM Best's Rating Review Form Financial Size Category: u Denotes Under Review Best's Rating Rating History XV ($2 Billion or greater) AM Best has provided ratings & analysis on this company since 1993. https:Hratings.ambest.com/Search Results.aspx?URatingld=2697854&bl=0&AItSrc=1 &PPP=&AItNum=O&Ext_User=&Ext_Misc=&Portal=0&Site= 1 /3 DocuSign Envelope ID: FFF65E2A-C857-4EFB-BCAE-CE41198DFOC4 Financial Strength Rating Everest National Insurance Company - Company Profile - Best's Credit Rating Center Long -Term Issuer Credit Rating Effective Date Rating Effective Date Rating June 15, 2022 A+ June 15, 2022 aa- May 07, 2021 A+ May 07, 2021 aa- May 29, 2020 A+ May 29, 2020 aa- May 02, 2019 A+ May 02, 2019 aa- March 16, 2018 A+ March 16, 2018 aa- Best's Credit & Financial Reports Best's Credit Report - financial data included in Best's Credit Report reflects the data used in determining A the current credit rating(s) for AM Best Rating Unit: AMB #: 058455 - Everest Re Group, Ltd.. Best's Credit Report - Archive - reports which were released prior to the current Best's Credit Report. 4 �= Best's Financial Report - financial data included in Best's Financial Report reflects the most current data ® available to AM Best, including updated financial exhibits and additional company information, and is available to subscribers of Best's Insurance Reports. Best's Financial Report - Archive - reports which were released prior to the current Best's Financial Report. 1 View additional news, reports and products for this company. Press Releases Date Title Jun 15, 2022 AM Best Affirms Credit Ratings of Everest Re Group, Ltd. and Its Subsidiaries May 07, 2021 AM Best Affirms Credit Ratings of Everest Re Group, Ltd. and Its Subsidiaries May 29, 2020 AM Best Affirms Credit Ratings of Everest Re Group, Ltd. and Its Subsidiaries May 02, 2019 AM Best Affirms Credit Ratings of Everest Re Group, Ltd. and Its Subsidiaries Mar 16, 2018 A.M. Best Affirms Credit Ratings of Everest Re Group, Ltd. and Its Subsidiaries May 03, 2017 A.M. Best Assigns Credit Ratings to Everest Denali Insurance Company and Everest Premier Insurance Company. Feb 10, 2017 A.M. Best Affirms Credit Ratings of Everest Re Group Ltd. and its Subsidiaries Sep 09, 2015 A.M. Best Affirms Ratings of Everest Reinsurance (Bermuda) Ltd., Its Subsidiaries and Everest Re Group Ltd. 1 2 3 Page size: 10 26 items in 3 pages European Union Disclosures A.M. Best (EU) Rating Services B.V. (AMB-EU), a subsidiary of A.M. Best Rating Services, Inc., is an External Credit Assessment Institution (ECAI) in the EU. Therefore, credit ratings issued and endorsed by AMB-EU may be used for regulatory purposes in the EU as per Directive 2013/36/EU. https:Hratings.ambest.com/Search Results.aspx?URatingld=2697854&bl=0&AItSrc=1 &PPP=&AItNum=O&Ext_User=&Ext_Misc=&Portal=0&Site= 213 DocuSign Envelope ID: FFF65E2A-C857-4EF6-BCAE-CE41198DFOC4 Everest National Insurance Company - Company Profile - Best's Credit Rating Center United Kingdom Disclosures A.M. Best— Europe Rating Services Limited (AMBERS), a subsidiary of A.M. Best Rating Services, Inc., is an External Credit Assessment Institution (ECAI) in the United Kingdom (UK). Therefore, Credit Ratings issued and endorsed by AMBERS may be used for regulatory purposes in the United Kingdom as per the Credit Rating Agencies (Amendment, etc.) (EU Exit) Regulations 2019. Australian Disclosures A.M. Best Asia -Pacific (Singapore) Pte. Ltd. (AMBAPS), Australian Registered Body Number (ARBN No. 35486928345), is a private limited company incorporated and domiciled in Singapore. AMBAPS is a wholesale Australian Financial Services (AFS) Licence holder (AFS No. 540265) under the Corporations Act 2001. Credit ratings emanating from AMBAPS are not intended for and must not be distributed to any person in Australia other than a wholesale client as defined in Chapter 7 of the Corporations Act. AMBAPS does not authorize its Credit Ratings to be disseminated by a third -party in a manner that could reasonably be regarded as being intended to influence a retail client in making a decision in relation to a particular product or class of financial product. AMBAPS Credit Ratings are intended for wholesale clients only, as defined. Credit Ratings determined and disseminated byAMBAPS are the opinion ofAMBAPS only and not any specific credit analyst. AMBAPS Credit Ratings are statements of opinion and not statements of fact. They are not recommendations to buy, hold or sell any securities or any other form of financial product, including insurance policies and are not a recommendation to be used to make investment /purchasing decisions. Important Notice: AM Best's Credit Ratings are independent and objective opinions, not statements of fact. AM Best is not an Investment Advisor, does not offer investment advice of any kind, nor does the company or its Ratings Analysts offer any form of structuring or financial advice. AM Best's credit opinions are not recommendations to buy, sell or hold securities, or to make any other investment decisions. For additional information regarding the use and limitations of credit rating opinions, as well as the rating process, information requirements and other rating related terms and definitions, please view Guide to Best's Credit Ratings. 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Best Company, Inc. and/or its affiliates ALL RIGHTS RESERVED. https://ratings.ambest.com/Search Results.aspx?URatingld=2697854&bl=0&AItSrc=1 &PPP=&AItNum=O&Ext_User=&Ext_Misc=&Portal=0&Site= 3/3 DocuSign Envelope ID: FFF65E2A-C857-4EFB-BCAE-CE41198DFOC4 Company Profile Company Profile Company Search Company Search Results Company Information Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Workers' Compensation Complaint and Request for Action/Appeals Contact Information Financial Statements PDF's Annual Statements Quarterly Statements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer COMPANY PROFILE Company Information EVEREST NATIONAL INSURANCE COMPANY 100 EVEREST WAY WARREN, NJ 07059 800-438-4375 Old Company Names Effective Date DRYDEN GUARANTY INSURANCE COMPANY 10/20/1993 PRUDENTIAL NATIONAL INSURANCE COMPANY 06/17/1996 Agent For Service Melissa DeKoven 2710 Gateway Oaks Drive, Suite 15ON Sacramento CA 95833-3505 Reference Information NAIC #: 10120 California Company ID #: 3138-5 Date Authorized in California: 03/02/1988 License Status: UNLIMITED -NORMAL Company Type: Property & Casualty State of Domicile: DELAWARE back to top NAIC Group List NAIC Group #: 1120 EVEREST REINS HOLDINGS GRP Lines Of Business The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION back to top © 2008 California Department of Insurance https://interactive.web.insurance.ca.gov/companyprofile/companyprofile?event=companyProfile&doFunction=getCompanyProfile&eid=6873 1 /1 DocuSign Envelope ID: FFF65E2A-C857-4EFB-BCAE-CE41198DFOC4 Everest Premier Insurance Company - Company Profile - Best's Credit Rating Center AM Best Rating Services Everest Premier Insurance Company BestLink i$ AMB #: 023090 NAIC #: 16045 FEIN #: 812926232 Administrative Office Warren Corporate Center 100 Everest Way Warren, New Jersey 07059 United States Web: www.everestre.com Phone:9O8-604-3000 View Additional Address Information AM Best Rating Unit: AMB #: 058455 - Everest Re Group, Ltd. Assigned to insurance companies that have, in our opinion, a superior ability to meet their ongoing insurance obligations. AM BEST SUPPEERI OR F�encml Strength Rau^@ View additional news, reports and products for this company. Based on AM Best's analysis, 058455 - Everest Re Group, Ltd. is the AMB Ultimate Parent and identifies the topmost entity of the corporate structure. View a list of operating insurance entities in this structure. Best's Credit Ratings Financial Strength View Definition Best's Credit Rating Analyst Rating (Rating Category): A+ (Superior) Rating Office: A.M. Best Rating Services, Inc. Affiliation Code: g (Group) Senior Financial Analyst: Dan Hofineister, CFA, FIRM, CAIA, Outlook (or Implication): Stable CPCU, ARe, AIS, AIAF Action: Affirmed Senior Director: Carlos Wong-Fupuy Effective Date: June 15, 2022 Note: See the Disclosure information Form or Press Release below for the office and analyst at the time of the rating event. Initial Rating Date: May 03, 2017 Disclosure Information Long -Term Issuer Credit View Definition Rating (Rating Category): aa- (Superior) Outlook (or Implication): Stable Action: Affirmed Effective Date: June 15, 2022 Initial Rating Date: May 03, 2017 Financial Size Category View Definition Financial Size Category: u Denotes Under Review Best's Rating Rating History XV ($2 Billion or greater) Disclosure Information Form View AM Best's Rating Disclosure Form Press Release AM Best Affirms Credit Ratings of Everest Re Group, Ltd. and Its Subsidiaries June 15, 2022 View AM Best's Rating Review Form AM Best has provided ratings & analysis on this company since 2017. https:Hratings.ambest.com/Search Results.aspx?URatingld=2697854&bl=0&AItSrc=1 &PPP=&AItNum=O&EM_User=&EM_Misc=&Portal=0&Site= 1 /3 DocuSign Envelope ID: FFF65E2A-C857-4EFB-BCAE-CE41198DFOC4 Financial Strength Rating Everest Premier Insurance Company - Company Profile - Best's Credit Rating Center Long -Term Issuer Credit Rating Effective Date Rating Effective Date Rating June 15, 2022 A+ June 15, 2022 aa- May 07, 2021 A+ May 07, 2021 aa- May 29, 2020 A+ May 29, 2020 aa- May 02, 2019 A+ May 02, 2019 aa- March 16, 2018 A+ March 16, 2018 aa- Best's Credit & Financial Reports Best's Credit Report - financial data included in Best's Credit Report reflects the data used in determining A the current credit rating(s) for AM Best Rating Unit: AMB #: 058455 - Everest Re Group, Ltd.. Best's Credit Report - Archive - reports which were released prior to the current Best's Credit Report. 4 �= Best's Financial Report - financial data included in Best's Financial Report reflects the most current data ® available to AM Best, including updated financial exhibits and additional company information, and is available to subscribers of Best's Insurance Reports. Best's Financial Report - Archive - reports which were released prior to the current Best's Financial Report. 1 View additional news, reports and products for this company. Press Releases Date Title Jun 15, 2022 AM Best Affirms Credit Ratings of Everest Re Group, Ltd. and Its Subsidiaries May 07, 2021 AM Best Affirms Credit Ratings of Everest Re Group, Ltd. and Its Subsidiaries May 29, 2020 AM Best Affirms Credit Ratings of Everest Re Group, Ltd. and Its Subsidiaries May 02, 2019 AM Best Affirms Credit Ratings of Everest Re Group, Ltd. and Its Subsidiaries Mar 16, 2018 A.M. Best Affirms Credit Ratings of Everest Re Group, Ltd. and Its Subsidiaries May 03, 2017 A.M. Best Assigns Credit Ratings to Everest Denali Insurance Company and Everest Premier Insurance Company. European Union Disclosures A.M. Best (EU) Rating Services B.V. (AMB-EU), a subsidiary of A.M. Best Rating Services, Inc., is an External Credit Assessment Institution (ECAI) in the EU. Therefore, credit ratings issued and endorsed by AMB-EU may be used for regulatory purposes in the EU as per Directive 2013/36/EU. United Kingdom Disclosures A.M. Best— Europe Rating Services Limited (AMBERS), a subsidiary of A.M. Best Rating Services, Inc., is an External Credit Assessment Institution (ECAI) in the United Kingdom (UK). Therefore, Credit Ratings issued and endorsed by AMBERS may be used for regulatory purposes in the United Kingdom as per the Credit Rating Agencies (Amendment, etc.) (EU Exit) Regulations 2019. https:Hratings.ambest.com/Search Results.aspx?URatingld=2697854&bl=0&AItSrc=1 &PPP=&AItNum=O&Ext_User=&Ext_Misc=&Portal=0&Site= 213 DocuSign Envelope ID: FFF65E2A-C857-4EFB-BCAE-CE41198DFOC4 Everest Premier Insurance Company - Company Profile - Best's Credit Rating Center Australian Disclosures A.M. Best Asia -Pacific (Singapore) Pte. Ltd. (AMBAPS), Australian Registered Body Number (ARBN No. 35486928345), is a private limited company incorporated and domiciled in Singapore. AMBAPS is a wholesale Australian Financial Services (AFS) Licence holder (AFS No. 540265) under the Corporations Act 2001. Credit ratings emanating from AMBAPS are not intended for and must not be distributed to any person in Australia other than a wholesale client as defined in Chapter 7 of the Corporations Act. AMBAPS does not authorize its Credit Ratings to be disseminated by a third -party in a manner that could reasonably be regarded as being intended to influence a retail client in making a decision in relation to a particular product or class of financial product. AMBAPS Credit Ratings are intended for wholesale clients only, as defined. Credit Ratings determined and disseminated by AMBAPS are the opinion of AMBAPS only and not any specific credit analyst. AMBAPS Credit Ratings are statements of opinion and not statements of fact. They are not recommendations to buy, hold or sell any securities or any other form of financial product, including insurance policies and are not a recommendation to be used to make investment /purchasing decisions. Important Notice: AM Best's Credit Ratings are independent and objective opinions, not statements of fact. AM Best is not an Investment Advisor, does not offer investment advice of any kind, nor does the company or its Ratings Analysts offer any form of structuring or financial advice. AM Best's credit opinions are not recommendations to buy, sell or hold securities, or to make any other investment decisions. For additional information regarding the use and limitations of credit rating opinions, as well as the rating process, information requirements and other rating related terms and definitions, please view Guide to Best's Credit Ratings. W-®-a About Us I Careers I Contact I Events I Media Relations I Offices I Press Releases Social Media Cookie Notice I Legal & Licensing I Privacy Notice I Regulatory Information I Site Map Terms of Use Copyright © 2023 A.M. Best Company, Inc. and/or its affiliates ALL RIGHTS RESERVED. https://ratings.ambest.com/Search Results.aspx?URatingld=2697854&bl=0&AItSrc=1 &PPP=&AItNum=O&Ext_User=&Ext_Misc=&Portal=0&Site= 3/3 DocuSign Envelope ID: FFF65E2A-C857-4EFB-BCAE-CE41198DFOC4 Company Profile Company Profile Company Search Company Search Results Company Information Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Workers' Compensation Complaint and Request for Action/Appeals Contact Information Financial Statements PDF's Annual Statements Quarterly Statements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer COMPANY PROFILE Company Information EVEREST PREMIER INSURANCE COMPANY 100 EVEREST WAY WARREN, NJ 07059 Old Company Names Effective Date Agent For Service Melissa DeKoven 2710 Gateway Oaks Drive, Suite 15ON Sacramento CA 95833-3505 Reference Information NAIC #: 16045 California Company ID #: 6135-8 Date Authorized in California: 11/27/2017 License Status: UNLIMITED -NORMAL Company Type: Property & Casualty State of Domicile: DELAWARE back to top NAIC Group List NAIC Group #: 1120 EVEREST REINS HOLDINGS GRP Lines Of Business The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AUTOMOBILE LIABILITY MISCELLANEOUS WORKERS' COMPENSATION back to top © 2008 California Department of Insurance https://interactive.web.insurance.ca.gov/companyprofile/companyprofile?event=companyProfile&doFunction=getCompanyProfile&eid=110950 1 /1 DocuSign Envelope ID: FFF65E2A-C857-4EFB-BCAE-CE41198DFOC4 Berkshire Hathaway Specialty Insurance Company - Company Profile - Best's Credit Rating Center AM Best Rating Services Berkshire Hathaway Specialty Insurance Company BestLink 8 AMB #: 000864 NAIC #: 22276 FEIN #: 630202590 Domiciliary Address Assigned to insurance companies that 1314 Douglas Street Suite 1400 have, in our opinion, a superior ability to Omaha, Nebraska 68102-1944 meet their ongoing insurance obligations. United States Web: www.nationalindemnity.com Phone: 402-916-3000 AM Best Rating Unit: AMB #: 004917 - National Indemnity Group Am BEST A++ supErslort al 5lrenglh fhna% Ram View additional news, reports and products for this company. Based on AM Best's analysis, 058334 - Berkshire Hathaway Inc. is the AMB Ultimate Parent and identifies the topmost entity of the corporate structure. View a list of operating insurance entities in this structure. Best's Credit Ratings Financial Strength View Definition Best's Credit Rating Analyst Rating (Rating Category): A++ (Superior) Rating Office: A.M. Best Rating Services, Inc. Affiliation Code: g (Group) Director: Gregory Dickerson Outlook (or Implication): Stable Senior Director: Carlos Wong-Fupuy Action: Affirmed Note: See the Disclosure information Form or Press Release below for Effective Date: February 03, 2023 the office and analyst at the time of the rating event. Initial Rating Date: December 31, 1907 Disclosure Information Long -Term Issuer Credit View Definition Disclosure Information Form View AM Best's Rating Disclosure Form Rating (Rating Category): aaa (Exceptional) Outlook (or Implication): Stable Press Release Action: Affirmed AM Best Affirms Credit Ratings of National Indemnity Company and Its Affiliates Effective Date: February 03, 2023 February 03, 2023 Initial Rating Date: August 22, 2012 View AM Best's Rating Review Form Financial Size Category View Definition Financial Size Category: u Denotes Under Review Best's Rating Rating History XV ($2 Billion or greater) AM Best has provided ratings & analysis on this company since 1907. https:llratings.ambest.com/SearchResults.aspx?URatingld=2697854&bl=0&AItSrc=1 &PPP=&AItNu m=0&Ext_User=&Ext_M isc=&Portal=0&Site= 1 /3 DocuSign Envelope ID: FFF65E2A-C857-4EFB-BCAE-CE41198DFOC4 Berkshire Hathaway Specialty Insurance Company - Company Profile - Best's Credit Rating Center Financial Strength Rating Long -Term Issuer Credit Rating Effective Date Rating Effective Date Rating February 03, 2023 A++ February 03, 2023 aaa January 06, 2022 A++ January 06, 2022 aaa December 09, 2020 A++ December 09, 2020 aaa December 11, 2019 A++ December 11, 2019 aaa December 11, 2018 A++ December 11, 2018 aaa Related Financial and Analytical Data The following links provide access to related data records that AM Best utilizes to provide financial and analytical data on a consolidated or branch basis. AMB # Company Name Company Description 095839 Berkshire Hathaway Specialty Ins Co MOB Represents the Property/Casualty financials for the Macau Branch of this legal entity. 074779 Berkshire Hathaway Spec Ins Cc (SGB) Represents the Property/Casualty financials for the Singapore Branch of this legal entity. Best's Credit & Financial Reports Best's Credit Report - financial data included in Best's Credit Report reflects the data used in determining 14 the current credit rating(s) for AM Best Rating Unit: AMB #: 004917 - National Indemnity roue. Best's Credit Report -Archive - reports which were released prior to the current Best's Credit Report. 1 n''— Best's Financial Report - financial data included in Best's Financial Report reflects the most current data available to AM Best, including updated financial exhibits and additional company information, and is available to subscribers of Best's Insurance Reports. Best's Financial Report - Archive - reports which were released prior to the current Best's Financial Report. ill View additional news, reports and products for this company. https:Hratings.ambest.com/Search Results.aspx?URatingld=2697854&bl=0&AItSrc=1 &PPP=&AItNum=O&Ext_User=&Ext_Misc=&Portal=0&Site= 2/3 DocuSign Envelope ID: FFF65E2A-C857-4EFB-BCAE-CE41198DFOC4 Berkshire Hathaway Specialty Insurance Company - Company Profile - Best's Credit Rating Center Press Releases Date Title Feb 03, 2023 AM Best Affirms Credit Ratings of National Indemnity Company and Its Affiliates Jan 06, 2022 AM Best Affirms Credit Ratings of National Indemnity Company and Its Affiliates Dec 09, 2020 AM Best Affirms Credit Ratings of Berkshire Hathaway Inc.'s Subsidiaries Dec 11, 2019 AM Best Affirms Credit Ratings of Berkshire Hathaway Inc.'s Subsidiaries Dec 11, 2018 AM Best Affirms Credit Ratings of Berkshire Hathaway Inc.'s Subsidiaries Dec 07, 2017 A.M. Best Affirms Credit Ratings of Berkshire Hathaway Inc.'s Subsidiaries Dec 22, 2016 A.M. Best Affirms Credit Ratings of Berkshire Hathaway Inc.'s Subsidiaries Sep 01, 2015 A.M. Best Affirms Ratings of Berkshire Hathaway Inc.'s Subsidiaries C1 1 2 Page size: 10 11 items in 2 pages European Union Disclosures A.M. Best (EU) Rating Services B.V. (AMB-EU), a subsidiary of A.M. Best Rating Services, Inc., is an External Credit Assessment Institution (ECAI) in the EU. Therefore, credit ratings issued and endorsed by AMB-EU may be used for regulatory purposes in the EU as per Directive 2013/36/EU. United Kingdom Disclosures A.M. Best— Europe Rating Services Limited (AMBERS), a subsidiary of A.M. Best Rating Services, Inc., is an External Credit Assessment Institution (ECAI) in the United Kingdom (UK). Therefore, Credit Ratings issued and endorsed by AMBERS may be used for regulatory purposes in the United Kingdom as per the Credit Rating Agencies (Amendment, etc.) (EU Exit) Regulations 2019. Australian Disclosures A.M. Best Asia -Pacific (Singapore) Pte. Ltd. (AMBAPS), Australian Registered Body Number (ARBN No. 35486928345), is a private limited company incorporated and domiciled in Singapore. AMBAPS is a wholesale Australian Financial Services (AFS) Licence holder (AFS No. 540265) under the Corporations Act 2001. Credit ratings emanating from AMBAPS are not intended for and must not be distributed to any person in Australia other than a wholesale client as defined in Chapter 7 of the Corporations Act. AMBAPS does not authorize its Credit Ratings to be disseminated by a third -party in a manner that could reasonably be regarded as being intended to influence a retail client in making a decision in relation to a particular product or class of financial product. AMBAPS Credit Ratings are intended for wholesale clients only, as defined. Credit Ratings determined and disseminated by AMBAPS are the opinion of AMBAPS only and not any specific credit analyst. AMBAPS Credit Ratings are statements of opinion and not statements of fact. They are not recommendations to buy, hold or sell any securities or any other form of financial product, including insurance policies and are not a recommendation to be used to make investment /purchasing decisions. Important Notice: AM Best's Credit Ratings are independent and objective opinions, not statements of fact. AM Best is not an Investment Advisor, does not offer investment advice of any kind, nor does the company or its Ratings Analysts offer any form of structuring or financial advice. AM Best's credit opinions are not recommendations to buy, sell or hold securities, or to make any other investment decisions. For additional information regarding the use and limitations of credit rating opinions, as well as the rating process, information requirements and other rating related terms and definitions, please view Guide to Best's Credit Ratings. in ► About Us I Careers I Contact I Events I Media Relations I Offices I Press Releases Social Media Cookie Notice I Legal & Licensing I Privacy Notice I Regulatory Information I Site Map Terms of Use Copyright © 2023 A.M. Best Company, Inc. and/or its affiliates ALL RIGHTS RESERVED. https://ratings.ambest.com/Search Results.aspx?URatingld=2697854&bl=0&AItSrc=1 &PPP=&AItNum=O&Ext_User=&Ext_Misc=&Portal=0&Site= 3/3 DocuSign Envelope ID: FFF65E2A-C857-4EFB-BCAE-CE41198DFOC4 Company Profile Company Profile Company Search Company Search Results Company Information Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Workers' Compensation Complaint and Request for Action/Appeals Contact Information Financial Statements PDF's Annual Statements Quarterly Statements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer COMPANY PROFILE Company Information BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY 1314 DOUGLAS ST STE 1400 OMAHA, NE 68102-1944 Old Company Names Effective Date STONEWALL INSURANCE COMPANY 02/06/2015 Agent For Service KARISSA LOWRY 2710 GATEWAY OAKS DRIVE SUITE 150N SACRAMENTO CA 95833 Reference Information NAIC #: 22276 California Company ID #: 3148-4 Date Authorized in California: 04/29/1988 License Status: UNLIMITED -NORMAL Company Type: Property & Casualty State of Domicile: NEBRASKA back to top NAIC Group List NAIC Group #: 0031 BERKSHIRE HATHAWAY GRP Lines Of Business The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY DISABILITY FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY WORKERS' COMPENSATION back to top © 2008 California Department of Insurance https://interactive.web.insurance.ca.gov/companyprofile/companyprofile?event=companyProfile&doFunction=getCompanyProfile&eid=6883 1 /1 DocuSign Envelope ID: FFF65E2A-C857-4EFB-BCAE-CE41198DFOC4 National Fire & Marine Insurance Company - Company Profile - Best's Credit Rating Center AM Best Rating Services National Fire & Marine Insurance Company BestLink 8 AMB #: 002428 NAIC #: 20079 FEIN #: 476021331 Domiciliary Address 1314 Douglas Street Suite 1400 Omaha, Nebraska 68102-1944 United States Web: www.nationalindemnity.com Phone: 402-916-3000 Fax:402-916-3350 AM Best Rating Unit: AMB #: 004917 - National Indemnity Group Assigned to insurance companies that have, in our opinion, a superior ability to meet their ongoing insurance obligations. Am BEST A++ supErslors 5lrenglh fhna%i&I Ram View additional news, reports and products for this company. Based on AM Best's analysis, 058334 - Berkshire Hathaway Inc. is the AMB Ultimate Parent and identifies the topmost entity of the corporate structure. View a list of operating insurance entities in this structure. Best's Credit Ratings Financial Strength View Definition Best's Credit Rating Analyst Rating (Rating Category): A++ (Superior) Rating Office: A.M. Best Rating Services, Inc. Affiliation Code: g (Group) Director: Gregory Dickerson Outlook (or Implication): Stable Senior Director: Carlos Wong-Fupuy Action: Affirmed Note: See the Disclosure information Form or Press Release below for Effective Date: February 03, 2023 the office and analyst at the time of the rating event. Initial Rating Date: June 30, 1954 Disclosure Information Long -Term Issuer Credit View Definition Disclosure Information Form View AM Best's Rating Disclosure Form Rating (Rating Category): aaa (Exceptional) Outlook (or Implication): Stable Press Release Action: Affirmed AM Best Affirms Credit Ratings of National Indemnity Company and Its Affiliates Effective Date: February 03, 2023 February 03, 2023 Initial Rating Date: May 16, 2007 View AM Best's Rating Review Form Financial Size Category View Definition Financial Size Category: u Denotes Under Review Best's Rating Rating History XV ($2 Billion or greater) AM Best has provided ratings & analysis on this company since 1954. https:llratings.ambest.com/SearchResults.aspx?URatingld=2697854&bl=0&AItSrc=1 &PPP=&AItNu m=0&Ext_User=&Ext_M isc=&Portal=0&Site= 1 /3 DocuSign Envelope ID: FFF65E2A-C857-4EFB-BCAE-CE41198DFOC4 National Fire & Marine Insurance Company - Company Profile - Best's Credit Rating Center Financial Strength Rating Long -Term Issuer Credit Rating Effective Date Rating Effective Date Rating February 03, 2023 A++ February 03, 2023 aaa January 06, 2022 A++ January 06, 2022 aaa December 09, 2020 A++ December 09, 2020 aaa December 11, 2019 A++ December 11, 2019 aaa December 11, 2018 A++ December 11, 2018 aaa Best's Credit & Financial Reports Best's Credit Report - financial data included in Best's Credit Report reflects the data used in determining A the current credit rating(s) for AM Best Rating Unit: AMB #: 004917 - National Indemnity Group. Best's Credit Report - Archive - reports which were released prior to the current Best's Credit Report. 4 �= Best's Financial Report - financial data included in Best's Financial Report reflects the most current data ® available to AM Best, including updated financial exhibits and additional company information, and is available to subscribers of Best's Insurance Reports. Best's Financial Report - Archive - reports which were released prior to the current Best's Financial Report. 1 View additional news, reports and products for this company. Press Releases Date Title Feb 03, 2023 AM Best Affirms Credit Ratings of National Indemnity Company and Its Affiliates Jan 06, 2022 AM Best Affirms Credit Ratings of National Indemnity Company and Its Affiliates Dec 09, 2020 AM Best Affirms Credit Ratings of Berkshire Hathaway Inc.'s Subsidiaries Dec 11, 2019 AM Best Affirms Credit Ratings of Berkshire Hathaway Inc.'s Subsidiaries Dec 11, 2018 AM Best Affirms Credit Ratings of Berkshire Hathaway Inc.'s Subsidiaries Dec 07, 2017 A.M. Best Affirms Credit Ratings of Berkshire Hathaway Inc.'s Subsidiaries Dec 22, 2016 A.M. Best Affirms Credit Ratings of Berkshire Hathaway Inc.'s Subsidiaries Sep 01, 2015 A.M. Best Affirms Ratings of Berkshire Hathaway Inc.'s Subsidiaries 1 2 3 Page size: 10 23 items in 3 pages European Union Disclosures A.M. Best (EU) Rating Services B.V. (AMB-EU), a subsidiary of A.M. Best Rating Services, Inc., is an External Credit Assessment Institution (ECAI) in the EU. Therefore, credit ratings issued and endorsed by AMB-EU may be used for regulatory purposes in the EU as per Directive 2013/36/EU. https://ratings.ambest.com/Search Results.aspx?URatingld=2697854&bl=0&AItSrc=1 &PPP=&AItNum=O&Ext_User=&Ext_Misc=&Portal=0&Site= 213 DocuSign Envelope ID: FFF65E2A-C857-4EF6-BCAE-CE41198DFOC4 National Fire & Marine Insurance Company - Company Profile - Best's Credit Rating Center United Kingdom Disclosures A.M. Best— Europe Rating Services Limited (AMBERS), a subsidiary of A.M. Best Rating Services, Inc., is an External Credit Assessment Institution (ECAI) in the United Kingdom (UK). Therefore, Credit Ratings issued and endorsed by AMBERS may be used for regulatory purposes in the United Kingdom as per the Credit Rating Agencies (Amendment, etc.) (EU Exit) Regulations 2019. Australian Disclosures A.M. Best Asia -Pacific (Singapore) Pte. Ltd. (AMBAPS), Australian Registered Body Number (ARBN No. 35486928345), is a private limited company incorporated and domiciled in Singapore. AMBAPS is a wholesale Australian Financial Services (AFS) Licence holder (AFS No. 540265) under the Corporations Act 2001. Credit ratings emanating from AMBAPS are not intended for and must not be distributed to any person in Australia other than a wholesale client as defined in Chapter 7 of the Corporations Act. AMBAPS does not authorize its Credit Ratings to be disseminated by a third -party in a manner that could reasonably be regarded as being intended to influence a retail client in making a decision in relation to a particular product or class of financial product. AMBAPS Credit Ratings are intended for wholesale clients only, as defined. Credit Ratings determined and disseminated byAMBAPS are the opinion ofAMBAPS only and not any specific credit analyst. AMBAPS Credit Ratings are statements of opinion and not statements of fact. They are not recommendations to buy, hold or sell any securities or any other form of financial product, including insurance policies and are not a recommendation to be used to make investment /purchasing decisions. Important Notice: AM Best's Credit Ratings are independent and objective opinions, not statements of fact. AM Best is not an Investment Advisor, does not offer investment advice of any kind, nor does the company or its Ratings Analysts offer any form of structuring or financial advice. AM Best's credit opinions are not recommendations to buy, sell or hold securities, or to make any other investment decisions. For additional information regarding the use and limitations of credit rating opinions, as well as the rating process, information requirements and other rating related terms and definitions, please view Guide to Best's Credit Ratings. WIm-o About Us I Careers I Contact I Events I Media Relations I Offices I Press Releases Social Media Cookie Notice I Legal &Licensing I Privacy Notice I Regulatory Information I Site Map Terms of Use Copyright © 2023 A.M. Best Company, Inc. and/or its affiliates ALL RIGHTS RESERVED. https://ratings.ambest.com/Search Results.aspx?URatingld=2697854&bl=0&AItSrc=1 &PPP=&AItNum=O&Ext_User=&Ext_Misc=&Portal=0&Site= 3/3 DocuSign Envelope ID: FFF65E2A-C857-4EFB-BCAE-CE41198DFOC4 of Approved Surplus Line Insurers (LASLI) aMaintenance Notice List of Approved Surplus Line Insurers (LASLI) Please use the "Find" option in the "Edit' menu of your browser to search for a particular company. List is current as of: February 03, 2023 AIB—DIE—GIH—LIMM—PIQ-Z 0 Insurer Date Approved Acceptance Casualty Insurance Company (Nebraska) 10/23/2007 Accident Fund General Insurance Company (Michigan) 11/19/2020 Admiral Insurance Company (Delaware) 06/30/1995 Adriatic Insurance Company (North Dakota) 06/30/1995 AIG Specialty Insurance Company (Illinois) 06/30/1995 (Name changed from Chartis Specialty Insurance Company effective 10/01/2013) AIX Specialty Insurance Company (Delaware) 06/05/2009 Allianz Global Corporate & Specialty SE (Germany) 06/16/2004 (Name Changed from Allianz Global Corporate Specialty AG effective 11/13/2013) Allied World National Assurance Company (New Hampshire) 12/18/1997 (Name changed from Newmarket Underwriters Insurance Company effective 10/03/2007) Allied World Surplus Lines Insurance Company (Arkansas) 12/22/1995 (Name changed from Darwin Select Insurance Company effective 06/03/2014) (Name changed from ULICO Indemnity Company Effective 05/13/2010) American Empire Surplus Lines Insurance Company (Delaware) 09/01/1995 (Domicile changed from Delaware to Ohio effective 02/18/2020) American Inter -Fidelity Exchange (Indiana) 04/18/2023 American Western Home Insurance Company (Oklahoma) 09/01/1995 Arch Insurance (UK) Limited (U.K.) 10/19/2009 (Name changed from Arch Insurance Company (Europe) Limited effective 03/18/2019) Arch Specialty Insurance Company (Missouri) 09/01/1995 (Name changed from Rock River Insurance Company effective 08/01/2002) (Domicile changed from Nebraska to Missouri effective 09/30/2014) Aspen Insurance UK Limited (U.K.) 12/29/2004 Aspen Specialty Insurance Company (North Dakota) 03/03/1998 (Name changed from Dakota Specialty Insurance Company, effective 10/22/2003) Associated Industries Insurance Company, Inc. (Florida) 01/11/2012 Atain Specialty Insurance Company (Michigan) 09/01/1995 (Name changed from USF Insurance Company effective 08/25/2011) (Domicile changed from Pennsylvania to Michigan effective 12/31/2007) Atlantic Casualty Insurance Company (North Carolina) 07/16/2009 AXIS Specialty Europe SE (Ireland) 06/20/2007 (Name changed from AXIS Specialty Europe Public Limited Company effective 09/10/2012. Name changed from AXIS Specialty Europe Limited effective 04/26/2012) AXIS Surplus Insurance Company(Illinois) 12/15/1995 (Name changed from Sheffield Insurance Corporation effective 06/09/2003) AZGUARD Insurance Company (Nebraska) 08/26/2021 Back to Top Insurer Date Approved Berkley Assurance Company (Iowa) 07/20/2011 Berkley Specialty Insurance Company (Delaware) (Name changed from Berkley Regional Specialty Insurance Company effective 07/01/2018 04/12/2012 Berkshire Hathaway International Insurance Limited (UK) 04/01/2008 Bridgeway Insurance Company (Delaware) 07/01/2021 The Burlington Insurance Company (Illinois) (Domicile changed from North Carolina to Illinois, effective 12/31/2015) 11/17/1995 Canopius US Insurance, Inc. (Delaware) (Name changed from Omega US Insurance, Inc. effective 08/20/2012) 07/20/2011 Capitol Specialty Insurance Corporation (Wisconsin) 05/15/2008 Century Surety Company (Ohio) 09/01/1995 https://www. insu rance.ca.gov/01-consumers/120-company/07-lasli/lasli.cfm#MP 1 /5 DocuSign Envelope ID: FFF65E2A-C857-4EFB-BCAE-CE41198DFOC4 ofApproved Surplus Line Insurers (LASLI) Chubb Custom Insurance Company (New Jersey) (Domicile changed from Delaware to New Jersey, effective 04/01/2013) 08/04/1995 Chubb European Group SE (France) (Domicile changed from U.K. to France effective 01/01/2019) (Name changed from Chubb European Group Limited effective July 19, 2018) (Name changed from ACE European Group Limited effective May 2, 2017) 06/20/2007 The Cincinnati Specialty Underwriters Insurance Company (Delaware) 01/31/2011 Clear Blue Specialty Insurance (North Carolina) 06/27/2022 Colony Insurance Company (Virginia) 09/01/1995 Columbia Casualty Company (Illinois) 07/06/1995 Coverys Specialty Insurance Company (New Jersey) 07/10/2017 Covington Specialty Insurance Company (New Hampshire) 07/20/2011 Crum & Forster Specialty Insurance Company (Delaware) (Name changed from Transnational Insurance Company effective 12/26/2000. Domicile changed from Arizona to Delaware effective 11/21/2014.) 04120/1998 CUMIS Specialty Insurance Company, Inc. (Iowa) 05/15/2008 Back to Top E-G Insurer Date Approved Empire Indemnity Insurance Company (Oklahoma) 12/01/1995 Endurance American Specialty Insurance Company (Delaware) 02/23/1996 (Name changed from Traders & Pacific Insurance Company effective 06/08/2006) Energy Insurance Mutual Limited (Barbados) 12/17/1997 Evanston Insurance Company (Illinois) 08/11/1995 Everest Indemnity Insurance Company (Delaware) 08/14/1998 Executive Risk Specialty Insurance Company (Connecticut) 09/01/1995 Fair American Select Insurance Company (Delaware) 07/28/2014 First Mercury Insurance Company (Delaware) 10/16/1997 (Domicile changed from Illinois to Delaware, effective 10/28/2015) First Specialty Insurance Corporation (Missouri) 09/01/1995 Gemini Insurance Company (Delaware) 02/23/1998 General Security Indemnity Company of Arizona (Arizona) 09/01/1995 (Name changed from Fulcrum Insurance Company effective 05/03/2002) General Star Indemnity Company (Delaware) 08/11/1995 (Domicile changed from Connecticut to Delaware, effective 12/31/2012) Gotham Insurance Company (New York) 08/04/1995 Great American E&S Insurance Company (Delaware) 06/30/1995 (Name changed from Agricultural Excess and Surplus Insurance Company, effective 07/27/2000) (Domicile changed from Delaware to Ohio effective 02/18/2020) Great American Fidelity Insurance Company (Delaware) 09/01/1995 (Name changed from American Dynasty Surplus Lines Insurance Company, effective 06/27/2001) (Domicile changed from Delaware to Ohio effective 02/18/2020) Great Lakes Insurance SE (Germany) 12/01/1995 (Domicile changed from UK to Germany and name changed from Great Lakes Reinsurance (UK) SE effective December 30, 2016 (Name changed from Great Lakes Reinsurance (UK) PLC (U.K.) effective 07/28/2015) GuideOne National Insurance Company (Iowa) 12/07/2015 Gulf Underwriters Insurance Company (Connecticut) 07/07/1995 (Domicile changed from Missouri to Connecticut, effective 10/01/2001) Back to Top H -L Insurer Date Approved Hamilton Insurance DAC (Ireland) 02/05/2019 (Name changed from Ironshore Europe DAC (Ireland) effective 09/16/2019) Harleysville Insurance Company of New York (Ohio) 01/10/2023 HDI Global Specialty SE (Germany) 09/29/1998 (Name changed from International Insurance Company of Hannover SE effective 01/02/2019) (Name changed from International Insurance Company of Hannover PLC effective 07/15/2014) (Name changed from International Insurance Company of Hannover Ltd effective 08/07/2013) (Domicile changed from United Kingdom to Germany effective 01/05/2015) HDI Specialty Insurance Company (Illinois) 04/23/2018 Health Care Indemnity, Inc. (Colorado) 03/21/2001 Hilltop Specialty Insurance Company (New York) 11/09/1995 (Name changed from Hudson Specialty Insurance Company effective 10/26/2020) Homeland Insurance Company of New York (New York) 09/24/2003 Houston Casualty Company (Texas) 09/01/1995 https://www. insu rance.ca.gov/01-consumers/120-company/07-lasli/lasli.cfm#MP 2/5 DocuSign Envelope ID: FFF65E2A-C857-4EFB-BCAE-CE41198DFOC4 ofApproved Surplus Line Insurers (LASLI) Houston Specialty Insurance Company (Texas) (Name changed from Naxos Insurance Company effective 12/30/10) (Domicile changed from Delaware to Texas effective 12/30/2011) 10/08/2009 HSB Specialty Insurance Company (Connecticut) 09/26/2013 Hudson Excess Insurance Company (Delaware) 07/10/2017 Hudson Specialty Insurance Company (New York) (Name changed from General Security Indemnity Company effective 12/29/03) 11/09/1995 Illinois Union Insurance Company (Illinois) 12/22/1995 Independent Specialty Insurance Company (Delaware) (Domicile Changed from Ohio to Delaware and name changed from Fireman's Fund Insurance Company of Ohio effective January 30, 2017 05/19/1999 Indian Harbor Insurance Company (Delaware) (Domicile changed from North Dakota to Delaware effective 07/0112013) 12/08/1995 Interstate Fire & Casualty Company (Illinois) 10/20/1995 Ironshore Specialty Insurance Company (Arizona) 10/02/2008 James River Insurance Company (Ohio) (Name changed from Fidelity Excess and Surplus Insurance Company effective 07/07/03) 08/04/1995 Lancashire Insurance Company (UK) Limited (U.K.) 11/17/2010 Landmark American Insurance Company (New Hampshire) (Domicile changed from Oklahoma to New Hampshire effective October 28, 2016 09/30/2003 Lexington Insurance Company (Delaware) 07/28/1995 Liberty Mutual Insurance Europe SE (Luxembourg) (Domicile changed from U.K. to Luxembourg and name changed from Liberty Mutual Insurance Europe Limited effective 03/01/2019) (Name changed from Liberty Mutual Insurance (U.K.) Limited effective 10/21/2003) 10/27/1995 Liberty Specialty Markets Bermuda Limited (Bermuda) (Name changed from Ironshore Insurance Ltd. effective 11/15/2018) 07/20/2011 Liberty Surplus Insurance Corporation (New Hampshire) 12/18/1997 Back to Top M -P Insurer Date Approved The Marine Insurance Company Limited (UK) 11/03/1995 Markel International Insurance Company Limited (U.K.) (Name changed from Terra Nova Insurance Company Limited, effective 11/04/2002) 10/27/1995 Maxum Indemnity Company (Connecticut) (Domicile changed from Delaware to Connecticut effective December 1, 2016) (Name changed from Caliber One Indemnity Company, effective 01/02/2003) 09/29/1998 Mercer Insurance Company (Pennsylvania) 06/10/2016 Mesa Underwriters Specialty Insurance Company (New Jersey) (Name changed from Montpelier U.S. Insurance Company, effective 01/01/2012.) (Domicile changed from Oklahoma to New Jersey, effective 01/01/2012) 02/05/2012 Mitsui Sumitomo Insurance Company (Europe) Limited (U.K.) 06/10/2011 Mount Vernon Fire Insurance Company (Pennsylvania) 04/02/1997 MSIG Specialty Insurance USA Inc. (New York) 10/11/2019 Mt. Hawley Insurance Company (Illinois) (Domicile changed from Delaware to Kansas, effective 12/20/95. Domicile changed from Kansas to Illinois effective 4/21/1999) 10/27/1995 NORCAL Specialty Insurance Company (Texas) (Domicile changed from Pennsylvania to Texas effective 04/25/2018) (Name changed from PMSLIC Insurance Company, effective 12/01/2015) 12/23/2013 National Fire & Marine Insurance Company (Nebraska) 06/30/1995 Nautilus Insurance Company (Arizona) 08/04/1995 Navigators Specialty Insurance Company (New York) (Name changed from NIC Insurance Company effective 01/04/2007) 12/08/1995 North American Capacity Insurance Company (New Hampshire) 08/11/1995 Northfield Insurance Company (Iowa) (Domicile changed from Missouri to Iowa, effective 1/01/2002) 06/30/1995 North Light Specialty Insurance Company (Illinois) 10/10/2014 Nutmeg Insurance Company (Connecticut) 06/30/1995 Old Republic Union Insurance Company (Illinois) 05/24/2017 Pacific Insurance Company, Limited (Connecticut) 09/01/1995 Peleus Insurance Company (Virginia) (Name changed from Colony National Insurance Company effective 3/4/2015) 12/17/1996 Penn -Star Insurance Company (Pennsylvania) 11/13/2002 Prime Insurance Company (Illinois) 08/08/2018 Princeton Excess and Surplus Lines Insurance Company (Delaware) 02/09/2006 ProAssurance Casualty Company (Michigan) (Name changed from ProNational Insurance Company effective 01/27/2009) 10/18/2005 https://www. insu rance.ca.gov/01-consumers/120-company/07-lasli/lasli.cfm#MP 3/5 DocuSign Envelope ID: FFF65E2A-C857-4EFB-BCAE-CE41198DFOC4 ofApproved Surplus Line Insurers (LASLI) ProAssurance Specialty Insurance Company (Vermont) 09/01/1995 09/01/1995 (Name changed from Noetic Specialty Insurance Company (Vermont) effective 12/31/2021) (Domicile changed from Illinois to Vermont effective 01 /18/2011) (Name changed from Coregis Indemnity Company effective 11/0712001) Professional Security Insurance Company (Arizona) 06/03/2022 11 Protective Specialty Insurance Company (Indiana) 06/01/2010 Back to Top Q-Z Insurer Date Approved QBE Specialty Insurance Company (North Dakota) 08/01/2003 QBE Europe SA/NV (Belgium) 06/03/2022 QBE UK Limited (U.K.) (Name changed from QBE Insurance (Europe) Limited effective 12/31/2018) (Name changed from QBE International Insurance Limited effective 09/30/2005) 01/06/1999 Republic -Vanguard Insurance Company (Arizona) 03/18/2022 Rockingham Insurance Company (Virginia) 2/27/2017 Scottsdale Insurance Company (Ohio) 06/30/1995 Seneca Specialty Insurance Company (Delaware) (Domicile changed from Arizona to Delaware, effective 11/25/2014) 02/02/2004 Shelter Reinsurance Company (Missouri) 10/18/2007 SiriusPoint International Insurance Corporation (Sweden) (Name changed from Sirius International Insurance Corporation effective 06/07/2021) 02/08/1999 Spinnaker Specialty Insurance Company (Texas) 06/14/2023 St. Paul Surplus Lines Insurance Company (Delaware) 07/06/1995 Starr Surplus Lines Insurance Company (Texas) (Domicile changed from Illinois to Texas effective 01/01/2018) 11/16/2010 StarStone Specialty Insurance Company (Delaware)(Name changed from Torus Specialty Insurance Company effective 09/21/2015. Name changed from Praetorian Specialty Insurance Company effective 03/02/2009. Name changed from Alea North America Specialty Insurance Company effective 10/02/2006.) 12/22/2004 Steadfast Insurance Company (Illinois) (Domicile changed from Delaware to Illinois effective 12/31/2018) 07/18/1995 Superior Specialty Insurance Company (Delaware) (Domicile changed from Missouri to Delaware and name changed from Savers Property and Casualty Insurance Company effective 1/31/2019) 6/30/1995 Swiss RE Corporate Solutions Capacity (Missouri) 02/01/1995 (Name changed from First Specialty Insurance Corporation (Missouri) effective 08/01/2022) 02/01/1995 Swiss Re International SE (Luxembourg) (Name changed from SR International Business Insurance Company Limited (UK) effective 1/01/2008) (Domicile changed from UK to Luxembourg effective 01/01/2008) 10/27/1995 T.H.E. Insurance Company (Louisiana) 09/22/1995 Third Coast Insurance Company (Wisconsin) 02/03/2023 Tokio Marine Specialty Insurance Company (Delaware) (Name changed from Philadelphia Insurance Company effective 11/01/2012) (Domicile changed from Pennsylvania to Delaware effective 11/01/2012) 02/14/1997 Transverse Specialty Insurance Company (Texas) 10/31/2022 Travelers Excess and Surplus Lines Company (Connecticut) (Name changed from Aetna Excess & Surplus Lines Company, effective 7/1/97) 06/06/1997 Tudor Insurance Company (New Hampshire) 07/18/1995 United National Insurance Company (Pennsylvania) 07/28/1995 United Specialty Insurance Company (Delaware) 05/07/2008 Vault E&S Insurance Company (Arkansas) 12/05/2019 Voyager Indemnity Insurance Company (Georgia) 12/22/1995 Watford Specialty Insurance Company (New Jersey) 04/02/2019 Westchester Surplus Lines Insurance Company (Georgia) 06/30/1995 Western World Insurance Company (New Hampshire) 06/30/1995 Back to Top Translate this page with GocgleTranslate Privacy Policy ADA Compliance Site Map Career Opportunities Internships Free Document Readers Scheduled Site Maintenance https://www. insu rance.ca.gov/01-consumers/120-company/07-lasli/lasli.cfm#MP 4/5 DocuSign Envelope ID: FFF65E2A-C857-4EFB-BCAE-CE41198DFOC4 of Approved Surplus Line Insurers (LASLI) Copyright © California Department of Insurance https://www.insurance.ca.gov/01-consumers/120-company/07-lasli/lasli.cfm#MP 5/5 AGREEMENT FOR AN EXTENSION OF THE 2018 CITY OF BURLINGAME (CITY) AGREEMENT WITH VEOLIA WATER WEST OPERATING SERVICES INC. (VWOS) FOR THE OPERATIONS AND MAINTENANCE OF THE CITY'S WATEWATER TREATMENT FACILITY THIS EXTENSION AGREEMENT ("Extension"), made in duplicate and entered into effective on the day of , 2023, extends the agreement dated May 21, 2018 ("2018 Agreement") by and between the CITY OF BURLINGAME ("CITY") and VWOS ("CONSULTANT"). CITY and CONSULTANT are collectively referred to as the "Parties." RECITALS WHEREAS, on May 21, 2018, the City of Burlingame entered into a 5-year operations and maintenance agreement with VWOS for providing turnkey operations and maintenance for the City's wastewater treatment facility and 1099 Rollins Road pump station, which is attached; and WHEREAS, the City and the Consultant are in the process of finalizing the contract terms, the City wishes to provide a two month extension in the interim; and WHEREAS, the cost of this extension shall not exceed $760,000 for base contractual services, facility maintenance, capital outlay, and special projects aspects of the facility maintenance and operations; and WHEREAS, the City first issued an extension on June 20, 2023, for up to $800,000 and this extension is set to expire on August 31, 2023; and WHEREAS, the City wishes to issue another two -month extension; and WHEREAS, this second extension will expire on October 31, 2023; and WHEREAS, this extension will adhere to the contract language from the 2018 "City of Burlingame: Agreement with Veolia Water West Operating Services Inc. for the Operations and Maintenance of the City of Burlingame Wastewater Treatment Facility" (2018 Agreement) in its entirety; and NOW, THEREFORE, IT IS AGREED AS FOLLOWS: The 2018 Agreement dated May 21, 2018, which was earlier extended to August Page 1 of 2 31, 2023, will be further extended for two months, 2. The CITY agrees that the compensation for all work associated with this extension shall not exceed $760,000. 3. This extension is through October 31, 2023, unless superseded. 4. In all other respects, the provisions of the 2018 Agreement dated May 21, 2018, shall remain in full force and effect to the extent they are not in conflict with this Extension. IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year first above written. CITY OF BURLINGAME A municipal corporation By Lisa K. Goldman City Manager Approved as to form: City Attorney — Michael Guina ATTEST: City Clerk - Meaghan Hassel -Shearer Page 2 of 2 CONSULTANT VWOS Melissa Sandvold Regional Vice President BURLINGAME AGENDA NO: 10g STAFF REPORT MEETING DATE: August 21, 2023 9 To: Honorable Mayor and City Council Date: August 21, 2023 From: Syed Murtuza, Director of Public Works — (650) 558-7230 Subject: Adoption of Resolutions Awarding a $1,033,500 Construction Contract to D- Line Constructors, Inc. for the 2023-2025 Creek and Channel Cleaning Project and Approving a $170,600 Professional Services Agreement with WRA, Inc. for Environmental Permitting, Biological Monitoring, and Reporting Services Related to the Project RECOMMENDATION Staff recommends that the City Council adopt the attached resolutions as follows: (1) Award a construction contract to D-Line Constructors, Inc. for the 2023-2025 Creek and Channel Cleaning Project in the amount of $1,033,500 for a three-year period and authorize the City Manager to execute the contract; and (2) Approve a professional services agreement with WRA, Inc. in the amount of $170,600 for environmental permitting, biological monitoring, and reporting services related to the project, and authorize the City Manager to execute the same. BACKGROUND The City of Burlingame's seven major watersheds (Burlingame Creek, Sanchez Creek, Easton Creek, Mills Creek, El Portal/Trousdale Creek, Terrace Creek, and Ralston Creek) convey stormwater from the hills to the San Francisco Bay. The seven creeks provide over 11 miles of natural drainage system. Segments of these creeks and channels are City -owned and maintained. Creek and channel maintenance occurs annually and includes weed cutting, tree trimming, sediment removal, hauling, and disposal of debris. Annual creek and channel cleanings help ensure these critical natural stormwater conveyance systems flow unobstructed to the San Francisco Bay. These natural storm drains provide a habitat for wildlife, improve water quality in the Bay, and provide a multitude of aesthetic benefits. Creek and channel cleaning activities are highly regulated by various regulatory agencies, such as the California Department of Fish and Wildlife (CDFW), U.S. Army Corps of Engineers (Corps), and the Regional Water Quality Control Board (RWQCB) to ensure that wildlife and water quality are preserved during cleaning activities. 1 Award of Construction Contract and Professional Services Agreement August 21, 2023 for the 2023-2025 Creek and Channel Cleaning Project Increasing regulatory compliance requirements, permitting, and strict timeframes for creek and channel activities have compounded the need to establish multi -year contracts to assist with regulatory compliance, permitting, and construction. DISCUSSION Construction Contract: On July 14, 2023, the City issued a Notice to Bidders for qualified contractors to perform creek and channel cleaning at various site locations for three years under the supervision of an appointed biologist in compliance with a CDFW permit and approved work plan. The notice was advertised online via a fully automated web -based vendor and bid management system known as PB SystemTM, published in a local newspaper of general circulation for bid solicitation, and sent to various plan rooms in the Bay Area. The City received two sealed bids, which were opened on August 2, 2023, and ranged from $619,500 to $814,345. D-Line Constructors, Inc. is the lowest responsible bidder with its base bid amount of $619,500. Additionally, due to favorable bid prices, staff is recommending awarding Year 1, 2, and 3 bid alternates in the amount of $414,000, for a total contract award of $1,033,500. Staff has reviewed the proposal of D-Line Constructors, Inc. and finds that the contractor has met all the project requirements and has a history of successfully performing similar work for the City and other agencies. As a result, staff recommends that the City Council award the project to D-Line Constructors, Inc. Professional Services Agreement: WRA, Inc. has been selected as the most qualified firm to provide professional services related to environmental permitting, biological monitoring, and reporting services. WRA, Inc. has extensive experience in environmental permitting, biological monitoring, and reporting services for various local public agencies and has completed similar projects for the City in the past. Staff has negotiated the attached professional services agreement with WRA, Inc. in the amount of $170,600 for the following scope of professional services for a period of three years: • Coordinate monthly meetings with City staff to provide updates on regulatory compliance. • Track permit requirements across various regulatory agencies, such as the California Department of Fish and Wildlife (CDFW), U.S. Army Corps of Engineers (Corps), and Regional Water Quality Control Board (RWQCB). • Provide advanced notification of proposed work, prepare annual work plans, and submit documentation accordingly to CDFW, Corps, and RWQCB. • Prepare pre -construction surveys and reports including photographic pre -construction records of the site locations. • Implement a Worker Environmental Education Program (WEAP) per permit requirements, to inform project staff how to identify protected species, sensitive habitats, and corresponding procedures. • Conduct biological monitoring including daily inspections during construction and prepare corresponding reports. • Provide construction support services, such as reviewing contractor's work during the 2 Award of Construction Contract and Professional Services Agreement for the 2023-2025 Creek and Channel Cleaning Project August 21, 2023 construction phase to ensure permit compliance, preparing field reports, and responding to requests for information. • Prepare an annual as -built and construction completion report per RWQCB requirement. • Conduct annual monitoring and reporting of temporarily impacted areas per RWQCB requirement. Project construction is anticipated to begin in September 2023 per permit requirements. FISCAL IMPACT Estimated Project Expenditures: The following are the estimated project expenditures. Construction $1,033,500 Professional Services -Environmental Permitting, $170,600 Biological Monitoring, and Reporting Services Total 1,204,100 Funding Availability: The total estimated cost of the creek and channel cleaning project including professional services work for a three-year period is $1,204,100. There are adequate funds available in the Public Works Department's General Fund Operating Budget and Capital Improvements Program to cover the first year's project costs as follows: Department of Public Works Operating Budget $180,800 CIP 328-86370 — Clearing Vegetation to Improve Capacities $205,800 Total $386,600 Funding for the remaining work in the following two years will be programmed into future years' budgets. Exhibits: • Resolution Awarding Construction Contract • Resolution Approving Professional Services Agreement • Bid Summary • Creek and Channel Cleaning Contract • Professional Services Agreement • Site Locations • Representative Photos 3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH WRA, INC., IN THE AMOUNT OF $170,600 FOR THE 2023-2025 CREEK AND CHANNEL CLEANING PROJECT AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT WHEREAS, the City of Burlingame has seven major watersheds, and increasing regulatory compliance requirements, permitting, and strict timeframes for creek and channel activities have compounded the need to establish multi -year contracts to assist with regulatory compliance, permitting, and construction; and WHEREAS, WRA, Inc. has extensive experience in environmental permitting, biological monitoring, and reporting services for various local public agencies; and WHEREAS, WRA, Inc. has been selected as the most qualified firm to provide professional services related to environmental permitting, biological monitoring, and reporting services, and staff has negotiated a professional services agreement in the amount of $170,600 for a three-year period. NOW, THEREFORE BE IT RESOLVED by the CITY COUNCIL of the City of Burlingame, California which FINDS, ORDERS and DETERMINES AS FOLLOWS: 1. The public interest and convenience require execution of the agreement attached hereto and cited in the title above. 2. The City Manager is authorized to sign said agreement on behalf of the City of Burlingame. 3. The City Clerk is instructed to attest such signature. 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 21st day of Au ust, 2023 and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Meaghan Hassel Shearer, City Clerk RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH WRA, INC., IN THE AMOUNT OF $170,600 FOR THE 2023-2025 CREEK AND CHANNEL CLEANING PROJECT AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT WHEREAS, the City of Burlingame has seven major watersheds, and increasing regulatory compliance requirements, permitting, and strict timeframes for creek and channel activities have compounded the need to establish multi -year contracts to assist with regulatory compliance, permitting, and construction; and WHEREAS, WRA, Inc. has extensive experience in environmental permitting, biological monitoring, and reporting services for various local public agencies; and WHEREAS, WRA, Inc. has been selected as the most qualified firm to provide professional services related to environmental permitting, biological monitoring, and reporting services, and staff has negotiated a professional services agreement in the amount of $170,600 for a three-year period. NOW THEREFORE BE IT RESOLVED, by the CITY COUNCIL of the City of Burlingame, California which FINDS, ORDERS and DETERMINES AS FOLLOWS: 1. The public interest and convenience require execution of the agreement attached hereto and cited in the title above. 2. The City Manager is authorized to sign said agreement on behalf of the City of Burlingame. 3. The City Clerk is instructed to attest such signature. 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 21st day of Au ust, 2023 and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Meaghan Hassel Shearer, City Clerk City of Burlingame Bid Results for Project 2023-2025 Creek & Channel Cleaning Project Issued on 07/14/2023 Bid Due on August 02, 2023 2:00 PM (PDT) Exported on 08/02/2023 Line Totals (Unit Price' Quantity) Base Bid Items: Item Number Section Item Code 1 Year 1 Base Bid Burlingame Creek- Reach 2A 2 Year 1 Base Bid Burlingame Creek- Reach 2B 3 Year 2 Base Bid Easton Creek- Reach 2A 4 Year 2 Base Bid Easton Creek- Reach 2A 5 Year 2 Base Bid Easton Creek- Reach 2B 6 Year 2 Base Bid Easton Creek- Reach 2B 7 Year 2 Base Bid Trousdale/EI Portal - Reach I 8 Year 2 Base Bid Trousdale/EI Portal - Reach 1 9 Year 3 Base Bid Trousdale/EI Portal - Reach 2 10 Year 3 Base Bid Trousdale/EI Portal - Reach 2 11 Year 3 Base Bid Mills Creek- Reach 2A 12 Year 3 Base Bid Mills Creek- Reach 2A 13 Year 3 Base Bid Mills Creek- Reach 3A 14 Year 3 Base Bid Mills Creek- Reach 3A 15 Year 3 Base Bid Mills Creek- Reach 2B 16 Year 3 Base Bid Mills Creek- Reach 2B 17 Year 3 Base Bid Mills Creek- Reach 3B 18 Year 3 Base Bid Mills Creek- Reach 3B Bid Alternate Items: 1 Year 1 Bid Alternate Sanchez Creek- Reach 2 2 Year 1 Bid Alternate Mills Creek- Reach 1 3 Year 1 Bid Alternate Mills Creek- Reach 1 3 Year 2 Bid Alternate Easton Creek- Reach 3 4 Year 2 Bid Alternate Easton Creek- Reach 3 5 Year 2 Bid Alternate Mills Creek- Reach 4 6 Year 2 Bid Alternate Mills Creek- Reach 4 7 Year 3 Bid Alternate Easton Creek- Reach 1 8 Year 3 Bid Alternate Easton Creek- Reach 1 9 Year 3 Bid Alternate Burlingame Creek- Reach 1 Unit of D-Line Constructors Inc D-Line Constructors Inc Pipe and Plant Solutions Pipe and Plant Solutions Description Measure Quantity Unit Price Line Total Unit Price Line Total Sediment Removal - Heritage Park- 80 ft of open earthen channel CY 86 $500.00 $43,000.00 $1,005.00 $86,430.00 SedimentRemoval- Hertiage Park- 60 ft of covered earthen channel Cy 78 $500.00 $39,000.00 $1,005.00 $78,390.00 Year 1 Base Bid Subtotal $82,000.00 $164,820.00 Sediment & Vegetation Removal - Easton Creek -143 ft of open concrete channel; @ North Carolan and Rollins Rd. CY 225 $300.00 $67,500.00 $1,035.00 $232,875.00 Dewatering- Easton Creek -143 ft of open concrete channel; @ North Carolan and Rollins Rd. LS 1 $30,000.00 $30,000.00 $5,000.00 $5,000.00 Sediment & Vegetation Removal - Easton Creek -130' of covered concrete channel; under North Carolan and Rollins Rd crossing. Cy 125 $500.00 $62,500.00 $1,035.00 $129,375.00 Dewatering- Easton Creek -130' of covered concrete channel; under North Carolan and Rollins Rd crossing. LS 1 $30,000.00 $30,000.00 $5,000.00 $5,000.00 Sediment & Vegetation Removal - El Portal Channel - Rollins road to US 101; concrete channel CY too $500.00 $50,000.00 $1,035.00 $103,500.00 Dewatering- El Portal Channel - Rollins road to US 101; concrete channel LS 1 $30,000.00 $30,000.00 $5,000.00 $5,000.00 Year 2 Base Bid Subtotal $270,000.00 $480,750.00 Sediment & Vegetation Removal - El Portal Channel - US 101 road to Bayshore Hwy; concrete channel CY 40 $750.00 $30,000.00 $1,065.00 $42,600.00 Dewatering - I Portal Channel- US 101 road to Bayshore Hwy; concrete channel LS 1 $30,000.00 $30,000.00 $5,000.00 $5,000.00 Sediment& Vegetation Remova l - Mills Creek— I m med iatley West of Rollins Rd; concrete cha nnel CY 20 $1,000.00 $20,000.00 $1,065.00 $21,300.00 Dewatering - Mills Creek— Immed iatley West of Rollins Rd; concrete channel IS 1 $30,000.00 $30,000.00 $5,000.00 $5,000.00 Sediment& Vegetation Removal - Mills Creek— Immed iatley East of Rollins Rd; concrete channel CY 45 $500.00 $22,500.00 $1,065.00 $47,925.00 Dewatering - Mills Creek— I m med iatley East of Rol li ns Rd; concrete chan nel LS 1 $30,000.00 $30,000.00 $5,000.00 $5,000.00 Sediment Removal - Mills Creek— 35' of covered concrete channel; under Rollins Rd crossing CY 15 $1,000.00 $15,000.00 $1,065.00 $15,975.00 Dewatering - Mills Creek-35' of covered concrete channel; under Rollins Rd crossing IS 1 $30,000.00 $30,000.00 $5,000.00 $5,000.00 Sediment Removal - Mills Creek— 35' of covered concrete channel; under Rollins Rd crossing CY 15 $2,000.00 $30,000.00 $1,065.00 $15,975.00 Dewatering - Mills Creek —35'of covered concrete channel; under Rollins Rd crossing LS 1 $30,000.00 $30,000.00 $5,000.00 $5,000.00 Year 3 Base Bid Subtotal $267,500.00 $168,775.00 Year 1-3 Base Bid Total $619,500.00 $814,345.00 Leaf & Litter Removal -Sanchez Creek -Parallel to California Drive between Oak Grove Avenue and Majilla Avenue; earthen channel LF 1800 $30.00 $54,000.00 $5.56 $10,008.00 Sediment& Vegetation Removal - Mills Creek —parallel to RR tracks; concrete channel CY 50 $1,000.00 $50,000.00 $1,005.00 $50,250.00 Dewatering - Mills Creek —parallel to RR tracks; concrete channel LS 1 $30,000.00 $30,000.00 $5,000.00 $5,000.00 Year 1 Bid Alternate Subtotal $134,000.00 $65,258.00 Sediment& Vegetation Removal -Easton Creek- US 101 to Bayshore Hwy, concrete channel CY 50 $1,000.00 $50,000.00 $1,035.00 $51,750.00 Dewatering - Easton Creek- US 101 to Bayshore Hwy, concrete channel LS 1 $30,000.00 $30,000.00 $5,000.00 $5,000.00 Sediment& Vegetation Removal - Mills Creek — US 101 to culvert(250'); earthen channel Cy 60 $1,000.00 $60,000.00 $1,035.00 $62,100.00 Dewatering - Mills Creek— US 101 to culvert (250'); earthen channel LS 1 $30,000.00 $30,000.00 $5,000.00 $5,000.00 Year 2 Bid Alternate Subtotal $170,000.00 $123,850.00 Sediment& Vegetation Removal -Easton Creek- Parallel to RR tracks; concrete channel CY 40 $1,000.00 $40,000.00 $1,065.00 $42,600.00 Dewatering-Easton Creek- Parallel to RR tracks; concrete channel LS 1 $30,000.00 $30,000.00 $5,000.00 $5,000.00 Sediment, Leaf & Litter Removal- Burlingame Creek— Parallel to RR tracks to Oak Grove ay.; earthen channel CY 40 $1,000.00 $40,000.00 $1,065.00 $42,600.00 Year 3 Bid Alternate Subtotal $110,000.00 $90,200.00 Year 1-3 Bid Alternate Total $414,000.00 $279,308.00 Year 1-3 Base Bids Year 1-3 Bid Alternates Total $1,033,500.00 $1,093,653.00 AGREEMENT FOR PUBLIC IMPROVEMENT 2023-2025 CREEK & CHANNEL CLEANING PROJECT THIS AGREEMENT, made in duplicate and entered into in the City of Burlingame, County of San Mateo, State of California on , 2023 by and between the CITY OF BURLINGAME, a Municipal Corporation, hereinafter called "City", and D-Line Constructors Inc. a California Corporation, hereinafter called "Contractor." WITNESSETH: WHEREAS, City has taken appropriate proceedings to authorize construction of the public work and improvements herein provided for and to authorize execution of this Contract; and WHEREAS, pursuant to State law and City requirements, a notice was duly published for bids for the contract for the improvement hereinafter described; and WHEREAS, on August 21, 2023, after notice duly given, the City of Burlingame awarded the contract for the construction of the improvements hereinafter described to Contractor, which the City found to be the lowest responsive, responsible bidder for these improvements; and WHEREAS, City and Contractor desire to enter into this Agreement for the construction of said improvements. NOW, THEREFORE, IT IS AGREED by the parties hereto as follows: 1. Scope of work. Contractor shall perform the work described in those Contract Documents entitled: 2023-2025 CREEK & CHANNEL CLEANING PROJECT 2. The Contract Documents. The complete contract between City and Contractor consists of the following documents: this Agreement; Notice Inviting Sealed Bids, attached hereto as Exhibit A; the accepted Bid Proposal, attached hereto as Exhibit B; the specifications, provisions, addenda, complete plans, profiles, and detailed drawings contained in the bid documents titled "2023-2025 CREEK & CHANNEL CLEANING PROJECT" attached as Exhibit C; the State of California Standard Specifications 2010, as promulgated by the California AGREEMENT-1 Department of Transportation; prevailing wage rates of the State of California applicable to this project by State law; and all bonds; which are collectively hereinafter referred to as the Contract Documents. All rights and obligations of City and Contractor are fully set forth and described in the Contract Documents, which are hereby incorporated as if fully set forth herein. All of the above described documents are intended to cooperate so that any work called for in one, and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. 3. Contract Price. The City shall pay, and the Contractor shall accept, in full, payment of the work above agreed to be done, the sum of One Million Thirty -Three Thousand Five Hundred dollars ($1,033,500.00), called the "Contract Price". This price is determined by the lump sum and unit prices contained in Contractor's Bid. In the event authorized work is performed or materials furnished in addition to those set forth in Contractor's Bid and the Specifications, such work and materials will be paid for at the unit prices therein contained. Said amount shall be paid in progress payments as provided in the Contract Documents. 4. Termination At any time and with or without cause, the City may suspend the work or any portion of the work for a period of not more than 90 consecutive calendar days by notice in writing to Contractor that will fix the date on which work will be resumed. Contractor will be granted an adjustment to the Contract Price or an extension of the Time for Completion, or both, directly attributable to any such suspension if Contractor makes a claim therefor was provided in the Contract Documents. The occurrence of any one or more of the following events will justify termination of the contract by the City for cause: (1) Contractor's persistent failure to perform the work in accordance with the Contract Documents; (2) Contractor's disregard of Laws or Regulations of any public body having jurisdiction; (3) Contractor's disregard of the authority of the Engineer; or (4) Contractor's violation in any substantial way of any provision of the Contract Documents. In the case of any one or more of these events, the City, after giving Contractor and Contractor's sureties seven calendar days written notice of the intent to terminate Contractor's services, may initiate termination procedures under the provisions of the Performance Bond. Such termination will not affect any rights or remedies of City against Contractor then existing or that accrue thereafter. Any retention or payment of moneys due Contractor will not release Contractor from liability. At the City's sole discretion, Contractor's services may not be terminated if Contractor begins, AGREEMENT-2 within seven calendar days of receipt of such notice of intent to terminate, to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 calendar days of such notice. Upon seven calendar days written notice to Contractor, City may, without cause and without prejudice to any other right or remedy of City, terminate the Contract for City's convenience. In such case, Contractor will be paid for (1) work satisfactorily completed prior the effective date of such termination, (2) furnishing of labor, equipment, and materials in accordance with the Contract Documents in connection with uncompleted work, (3) reasonable expenses directly attributable to termination, and (4) fair and reasonable compensation for associated overhead and profit. No payment will be made on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 5. Provisions Cumulative. The provisions of this Agreement are cumulative and in addition to and not in limitation of any other rights or remedies available to the City. 6. Notices. All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid. Notices required to be given to the City shall be addressed as follows: Rick Horne Streets, Storm Drains, and Sewer Division Manager City of Burlingame 1361 N. Carolan Avenue Burlingame, California 94010 Notices required to be given to Contractor shall be addressed as follows: Josue Antonio Prada III President D-Line Constructors Inc. 499 Embarcadero Post 3 Box 6 Office 8 Oakland, CA 94606 7. Interpretation As used herein, any gender includes the other gender and the singular includes the plural and vice versa. AGREEMENT-3 8. Waiver or Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the City and the Contractor. One or more waivers of any term, condition, or other provision of this Agreement by either party shall not be construed as a waiver of a subsequent breach of the same or any other provision. 9. Controllina Law. This Agreement is to be governed by and interpreted in accordance with the laws of the State of California. 10. Successors and Assianees. This Agreement is to be binding on the heirs, successors, and assigns of the parties hereto but may not be assigned by either party without first obtaining the written consent of the other party. 11. Severability. If any term or provision of this Agreement is deemed invalid, void, or unenforceable by any court of lawful jurisdiction, the remaining terms and provisions of the Agreement shall not be affected thereby and shall remain in full force and effect. 12. Insurance. 12.1 Time for Compliance. Contractor shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Section. 12.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall AGREEMENT-4 meet at least the following minimum levels of coverage: (A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence and $2,000,000 aggregate for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 combined single limit for bodily injury and property damage; and (3) Workers' Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of $1,000,000 per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits. (C) Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Agreement. (D) Additional Insured. The City of Burlingame, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Contractor's and its AGREEMENT-5 subcontractors' policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. 12.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies: (A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Burlingame, its officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City's own primary insurance or self-insurance shall be called upon to protect it as a named insured. Any insurance or self-insurance maintained by the City, its officials, officers, employees, agents, and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(A). (B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, officers, employees, agents, and volunteers shall be excess of the Contractor's insurance and shall not be called upon to AGREEMENT-6 contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(B). (C) Workers' Compensation and Employer's Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, officers, employees, agents, and volunteers. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds. 12.4 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, officers, employees, agents, and volunteers. All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors. 12.5 Deductibles and Self -Insurance Retentions. Any deductibles or self - insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officials, officers, AGREEMENT-7 employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 12.6 Subcontractor Insurance Requirements. Contractor shall not allow any subcontractors to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Contractor, the City may approve different scopes or minimum limits of insurance for particular subcontractors. The Contractor and the City shall be named as additional insureds on all subcontractors' policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad. 12.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A-:VIII, licensed to do business in California, and satisfactory to the City. 12.8 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 12.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor's insurer, any and all insurance claims submitted by Contractor in connection with the Services under this Agreement. 13. Indemnification. Contractor shall indemnify, defend, and hold the City, its directors, officers, employees, agents, and volunteers harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of, pertaining or relating to the actual or alleged negligence, recklessness or willful misconduct of Contractor, its employees, subcontractors, or agents, or on account of the performance or character of the services, except for any such claim arising out of the sole negligence or willful AGREEMENT-8 misconduct of the City, its officers, employees, agents, or volunteers. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in section 2778 of the California Civil Code. Notwithstanding the foregoing, for any design professional services, the duty to defend and indemnify City shall be limited to that allowed by state law. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. AGREEMENT-9 IN WITNESS WHEREOF, two identical counterparts of this Agreement, consisting of five pages, including this page, each of which counterparts shall for all purposes be deemed an original of this Agreement, have been duly executed by the parties hereinabove named on the day and year first hereinabove written. CITY OF BURLINGAME, a Municipal Corporation By Lisa K. Goldman, City Manager Approved as to form: Michael Guina, City Attorney ATTEST: Meaghan Hassel -Shearer, City Clerk CONTRACTOR BV Print Name: Company Name: AGREEMENT - 10 AGREEMENT FOR PROFESSIONAL ENVIRONMENTAL PERMUTING, BIOLOGICAL MONITORING, AND REPORTING SERVICES WITH WRA, INC. FOR THE 2023-2025 CREEK & CHANNEL CLEANING PROJECT THIS AGREEMENT is entered into this day of , 2023, by and between the City of Burlingame, State of California, herein called the "City", and WRA, INC. engaged in providing PROFESSIONAL ENVIRONMENTAL PERMITTING, BIOLOGICAL MONITORING, AND REPORTING services herein called the "Consultant". RECITALS A. The City is considering for consultant for environmental permitting, biological monitoring, and reporting services to assist the City with the 2023-2025 Creek & Channel Cleaning Project. B. The City desires to engage a professional engineering consultant to provide assistance with environmental permitting, biological monitoring, and reporting services because of Consultant's experience and qualifications to perform the desired work, described in Exhibit A. C. The Consultant represents and affirms that it is qualified and willing to perform the desired work pursuant to this Agreement. AGREEMENTS NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Scope of Services. The Consultant shall provide professional services such as coordinate meetings with City staff, track permit requirements across various agencies, prepare annual work plans, conduct pre -construction surveys, prepare survey reports, provide worker education training (WEAP), provide annual biological monitoring, prepare as -built and construction completion reports, provide reports to corresponding regulatory agencies to ensure compliance, provide final plans and construction cost estimate, provide assistance during bidding process, conduct annual monitoring and reporting per regulatory agencies' requirements, and as detailed in "Scope of Services" of the attached Exhibit A of this agreement. Page 1 of 8 2. Time of Performance. The services of the Consultant are to commence upon the execution of this Agreement with completion of all work by June 30, 2026. 3. Compliance with Laws. The Consultant shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws. Consultant represents and warrants to City that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to practice its profession. Consultant shall maintain a City of Burlingame business license. 4. Sole Responsibility. Consultant shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement. 5. Information/Report Handling. All documents furnished to Consultant by the City and all reports and supportive data prepared by the Consultant under this Agreement are the City's property and shall be delivered to the City upon the completion of Consultant's services or at the City's written request. All reports, information, data, and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential until released by the City to the public, and the Consultant shall not make any of these documents or information available to any individual or organization not employed by the Consultant or the City without the written consent of the City before such release. The City acknowledges that the reports to be prepared by the Consultant pursuant to this Agreement are for the purpose of evaluating a defined project, and City's use of the information contained in the reports prepared by the Consultant in connection with other projects shall be solely at City's risk, unless Consultant expressly consents to such use in writing. City further agrees that it will not appropriate any methodology or technique of Consultant which is and has been confirmed in writing by Consultant to be a trade secret of Consultant. 6. Compensation. Compensation for Consultant's professional services shall not exceed $170,600.00; and payment shall be based upon City approval of each task. Billing shall include current period and cumulative expenditures to date and shall be accompanied by a detailed explanation of the work performed by whom at Page 2 of 8 what rate and on what date. Also, plans, specifications, documents or other pertinent materials shall be submitted for City review, even if only in partial or draft form. 7. Availability of Records. Consultant shall maintain the records supporting this billing for not less than three (3) years following completion of the work under this Agreement. Consultant shall make these records available to authorized personnel of the City at the Consultant's offices during business hours upon written request of the City. 8. Project Manager. The Project Manager for the Consultant for the work under this Agreement shall be Justin Semion, Technical Services Director. 9. Assignability and Subcontracting. The services to be performed under this Agreement are unique and personal to the Consultant. No portion of these services shall be assigned or subcontracted without the written consent of the City. 10. Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to: To City: Rick Horne Streets, Storm Drains & Sewer Division Manager City of Burlingame 1361 N. Carolan Avenue Burlingame, CA 94010 To Consultant: Justin Semion, Technical Services Director WRA, Inc. 2169-G East Francisco Blvd San Rafael, California 94901 or personally delivered to Consultant to such address or such other address as Consultant designates in writing to City. 11. Independent Contractor. It is understood that the Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and not an agent or employee of the City. As an independent contractor he/she shall not obtain any rights to retirement benefits or other benefits which accrue to City employee(s). With prior written consent, the Page 3 of 8 Consultant may perform some obligations under this Agreement by subcontracting, but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement. Consultant agrees to testify in any litigation brought regarding the subject of the work to be performed under this Agreement. Consultant shall be compensated for its costs and expenses in preparing for, traveling to, and testifying in such matters at its then current hourly rates of compensation, unless such litigation is brought by Consultant or is based on allegations of Consultant's negligent performance or wrongdoing. 12. Conflict of Interest. Consultant understands that its professional responsibilities is solely to the City. The Consultant has and shall not obtain any holding or interest within the City of Burlingame. Consultant has no business holdings or agreements with any individual member of the Staff or management of the City or its representatives nor shall it enter into any such holdings or agreements. In addition, Consultant warrants that it does not presently and shall not acquire any direct or indirect interest adverse to those of the City in the subject of this Agreement, and it shall immediately disassociate itself from such an interest should it discover it has done so and shall, at the City's sole discretion, divest itself of such interest. Consultant shall not knowingly and shall take reasonable steps to ensure that it does not employ a person having such an interest in this performance of this Agreement. If after employment of a person, Consultant discovers it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement, Consultant shall promptly notify City of this employment relationship, and shall, at the City's sole discretion, sever any such employment relationship. 13. Equal Employment Opportunity. Consultant warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Neither Consultant nor its subcontractors do and neither shall discriminate against persons employed or seeking employment with them on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment & Housing Act. 14. Insurance. A. Minimum Scope of Insurance: Page 4 of 8 Consultant agrees to have and maintain, for the duration of the contract, General Liability insurance policies insuring him/her and his/her firm to an amount not less than: One million dollars ($1,000,000) combined single limit per occurrence and two million dollars ($2,000,000) aggregate for bodily injury, personal injury and property damage in a form at least as broad as ISO Occurrence Form CG 0001. ii. Consultant agrees to have and maintain for the duration of the contract, an Automobile Liability insurance policy ensuring him/her and his/her staff to an amount not less than one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage. iii. Consultant agrees to have and maintain, for the duration of the contract, professional liability insurance in amounts not less than two million dollars ($2,000,000) each claim/aggregate sufficient to insure Consultant for professional errors or omissions in the performance of the particular scope of work under this agreement. iv. Any deductibles or self -insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. B. General and Automobile Liability Policies: The City, its officers, officials, employees and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of Consultant, premises owned or used by the Consultant. The endorsement providing this additional insured coverage shall be equal to or broader than ISO Form CG 20 10 11 85 and must cover joint negligence, completed operations, and the acts of subcontractors. This requirement does not apply to the professional liability insurance required for professional errors and omissions. Page 5 of 8 ii. The Consultant's insurance coverage shall be endorsed to be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self -insurances maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. iv. The Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability. C. Workers' Compensation and Employers Liability Coverage: In addition to these policies, Consultant shall have and maintain Workers' Compensation insurance as required by California law. Further, Consultant shall ensure that all subcontractors employed by Consultant provide the required Workers' Compensation insurance for their respective employees. ii. The insurer shall agree to waive all rights of subrogation against the City of Burlingame, its officers, officials, employees, or volunteers for losses arising from work performed by the Company for the City of Burlingame. D. All Coverages: Each insurance policy required in this item shall be endorsed to state that coverage shall not be canceled except after thirty (30) days' prior written notice by mail, has been given to the City (10 days for non-payment of premium). Current certification of such insurance shall be kept on file at all times during the term of this agreement with the City Clerk. E. Acceptability of Insurers: Insurance is to be placed with insurers with a Best's rating of no less than A-:VII and authorized to do business in the State of California. F. Verification of Coverage: Upon execution of this Agreement, Contractor shall furnish the City with certificates of insurance and with original Page 6 of 8 endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms approved by the City. All certificates and endorsements are to be received and approved by the City before any work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 15. Indemnification. To the fullest extent permitted by law, Consultant shall save, keep and hold harmless indemnify and defend the City, its officers, employees, authorized agents and volunteers from all damages, liabilities, penalties, costs, or expenses in law or equity, including but not limited to attorneys' fees, that may at any time arise, result from, relate to, or be set up because of damages to property or personal injury received by reason of, or in the course of performing work which arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, or any of the Consultant's officers, employees, or agents or any subconsultant. This provision shall not apply if the damage or injury is caused by the sole negligence, active negligence, or willful misconduct of the City, its officers, agents, employees, or volunteers. 16. Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder, nor does waiver of a breach or default under this Agreement constitute a continuing waiver of a subsequent breach of the same or any other provision of this Agreement. 17. Governing Law. This Agreement, regardless of where executed, shall be governed by and construed under the laws of the State of California. Venue for any action regarding this Agreement shall be in the Superior Court of the County of San Mateo. 18. Termination of Agreement. The City and the Consultant shall have the right to terminate this agreement with or without cause by giving not less than fifteen (15) days written notice of termination. In the event of termination, the Consultant shall deliver to the City all plans, files, documents, reports, performed to date by the Consultant. In the event of such termination, City shall pay Consultant an amount that bears the same ratio to the maximum contract price as the work delivered to the City bears to completed services contemplated under this Agreement, unless such termination is made for cause, in which event, Page 7 of 8 compensation, if any, shall be adjusted in light of the particular facts and circumstances involved in such termination. 19. Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the City and the Consultant. 20. Entire Agreement. This Agreement constitutes the complete and exclusive statement of the Agreement between the City and Consultant. No terms, conditions, understandings or agreements purporting to modify or vary this Agreement, unless hereafter made in writing and signed by the party to be bound, shall be binding on either party. Page 8 of 8 IN WITNESS WHEREOF, the City and Consultant have executed this Agreement as of the date indicated on page one (1). City of Burlingame Lisa K. Goldman City Manager Approved as to form: City Attorney — Michael Guina ATTEST: City Clerk - Meaghan Hassel -Shearer "Consultant" WRA, Inc. Print Name: Title: Page 9 of 8 EXHIBIT A n wra Environmental Consultants Routine Creek and Channel Maintenance Project Scope of Work Prepared for: City of Burlingame Department of Public Works 501 Primrose Road Burlingame, California 94010 Attn: Martin Quan June 25, 2023 WRA PROJECT NO. 19139-12 PURPOSE WRA, Inc. (WRA), is pleased to submit this proposal to provide professional consulting services to the City of Burlingame (Client). The purpose of this Scope of Work is to describe the level of effort and deliverables involved in continued support with environmental permitting and compliance for the Client's Routine Creek and Channel Maintenance Project (Project) and associated mitigation at Mills Creek. WRA's prior scope of work is set to expire on June 30, 2023. This Scope of Work is intended to cover a 3-year period between July 1, 2023 and June 30, 2026. WORK PRODUCTS & SERVICES • Project Management and Agency Coordination • Permit Compliance Matrix and Tracking • Advance Notification of Proposed Work and Vegetation Removal Plan • Pre -Construction Surveys, Nesting Bird Survey Methodology, Worker Environmental Education Program (WEAP), and Biological Monitoring • As -Built and Construction Completion Report • Construction Drawings for Mills Creek Mitigation • Bid and Construction Period Services for Mills Creek Mitigation • As -Built Report for Mills Creek Mitigation • Annual Monitoring and Reporting for Mills Creek Mitigation 69-G East 4 5.454.8868 Iw Francisco acac omn Rafael, CA, 94901 Ph SCOPE OF WORK Task 1: Project Management and Agency Coordination The tasks assembled in this Scope of Work require a coordinated effort among WRA staff, and with agency personnel and the Client. Project management, such as scheduling staff, budgeting, and client communications and meetings are included in this task, as well as agency coordination. The California Department of Fish and Wildlife (CDFW) and U.S. Army Corps of Engineers (Corps) permits remain outstanding at the time of this Scope of Work but are anticipated to be issued soon without further substantive comments. Therefore, a minimal amount of agency coordination time is anticipated, which may involve coordination to finalize the permits, correspondence, and biologist resume approvals. This task is intended to cover agency coordination and project management work for the 3-year period between July 1, 2023 and June 30, 2026. A budget of 3 hours per month over the 3-year period is assumed. Task 2: Permit Compliance Matrix and Tracking WRA will prepare a permit compliance checklist to track permit requirements across all of the agency permits issued for the Project, including permits from CDFW, Corps, and Regional Water Quality Control Board (RWQCB). The checklist will identify the timing and lead for each permit requirement and will be relied on for permit compliance as the Project is implemented. Task 3: Advance Notification of Proposed Work and Vegetation Removal Plan The forthcoming CDFW permit is anticipated to require advance notification of proposed work, or a "work plan , that details the location and dimensions of planned work. Additionally, the RWQCB and Corps permits require notification before the commencement of work. This task includes time for WRA to prepare one work plan annually in coordination with the Client which satisfies the CDFW permit requirements, and will also be provided to the RWQCB and Corps. Because the 2023 work plan will be prepared under WRA's existing contract (expiring June 30, 2023), the work plans included in this task are for annual maintenance work to be completed in 2024, 2025, and 2026. In addition, the CDFW permit is anticipated to require a "vegetation removal plan be submitted prior to commencement of work which identifies the location and type of vegetation to be removed. The vegetation removal plan will be combined with the work plan and submitted to CDFW as one document. This task anticipates up to one site visit each year in the event that details required by CDFW require biological expertise to identify plant species subject to removal in work areas. Task 4: Pre -Construction Surveys, WEAP, and Biological Monitoring This task includes time for WRA to conduct pre -construction surveys, report on the pre - construction survey, implement a worker environmental education program (WEAP), and conduct biological monitoring during the 3-year period described in this Scope of Work. Task 4.1: Pre -Construction Surveys. The CDFW permit is anticipated to require pre -construction surveys for nesting birds, bats, western pond turtle, California red -legged frog, and San Francisco dusky -footed woodrat. This task assumes these pre -construction surveys can be completed for all work areas in one visit prior to the start of construction each year over the 3- year period. If more than one visit is needed to meet CDFW's requirements or because target species were encountered, a change order may be necessary. During the pre -construction surveys, WRA will also establish and photograph at least four photo -documentation points for each work site which will be relied on for post -construction reporting (as described further in Tasks 5 and 9, below). WRA will also prepare and submit a survey report describing the results of the pre -construction survey prior to commencement of work. ARoutine Creek and Channel Maintenance Project I WRA #19139-12 2 ft-1 Scope of Work I June 2023 Task 4.2: Nesting Bird Survey Methodology. WRA will prepare and submit the nesting bird survey methodology to CDFW for review and approval prior to conducting the survey during the first year. This task assumes that this methodology will not need to be updated in any subsequent year. Task 4.3: WEAP. Per the anticipated permit requirements, WRA will implement a worker education training, or WEAP, prior to commencement of work. The training will include information about how to identify protected species that have the potential to occur, sensitive habitats, how they may be encountered in the work area, and procedures if encountered. Cost in this task includes creation of the WEAP. The WEAP will be presented by the biologist on site to conduct biological monitoring. This task includes the cost to prepare one WEAP with time for minor updates over the 3-year period. WEAP training will be completed during the first day of biological monitoring during each year, as part of Task 4.4. Task 4.4: Biological Monitoring. One qualified biological monitor will conduct daily inspections prior to the start of work each day and will remain onsite when work is occurring. Agency approval of biological monitors is required, and is covered under Task 1, above. The monitor will take pre- and post -construction photographs for incorporation into the as -built reporting (see Task 5, below). This task includes up to seven days of biological monitoring annually over the 3-year period (21 days total), plus additional time for reporting and documentation. Task 5: As -Built and Construction Completion Report The RWQCB requires an as -built and construction completion report to be provided within 60 days of project completion. It is anticipated that this report will also satisfy the CDFW and Corps permit requirements for notification of completed work. This task includes time for WRA to prepare up to three as -built and construction completion reports for work to be completed over the 3-year term of this scope of work. The report will include pre- and post -construction photographs (see Task 4), a map showing the location of the photographs, and a description and dimensions of actual areas of disturbance. One annual site visit will be conducted at the completion of work each year to take notes and measurements to document the actual area of disturbance at each work site for incorporate into the report. Task 6: Construction Drawings for Mills Creek Mitigation WRA will prepare 100% construction drawings to be used for the implementation of the mitigation activities for the Project. The 100% construction drawings will improve upon the plans submitted with the permit application materials, provide clear design intent and enough detail to be used for implementation of the project, and be suitable for bidding. To streamline the design and bidding process, all specifications will be incorporated into the drawings, and no separate stand-alone specifications document will be prepared. WRA will submit 100% draft construction drawings for client review and incorporate client comments into the 100% final plans. The drawings will include the following project components: • Site Access, Staging, Site Preparation Plans • Erosion Control Plans and Details • Planting Plans and Details • Irrigation Plans and Details We will also prepare a construction cost estimate in the form of a completed bid sheet or schedule, showing quantities, unit prices, and totals for the items of work. The basis for any recommended lump sum bid items will also be provided. ARoutine Creek and Channel Maintenance Project I WRA #19139-12 3 ft -lb Scope of Work I June 2023 Task 7: Bid and Construction Period Services for Mills Creek Mitigation WRA will provide assistance during the bidding stage of the project in this task, including attending one on -site pre -bid meeting, responding to bidder's questions, issuing bid addenda or clarifications, and providing bid review and tabulation. WRA will also prepare a conformed set of bid documents reflecting changes made during bidding if required. WRA will provide construction phase services during the construction of the project required to ensure that implementation occurs according to the intent of the construction drawings. A WRA landscape architect or designer will perform targeted site visits to provide information to the contractor regarding the interpretation of the contract drawings at critical junctures in the implementation process. WRA will also review the contractor's work to see if it is being performed in accordance with the design drawings. We will also prepare field reports and evaluate and respond to submittals and requests for information that we receive from the contractor. This task does not include construction management services, such as daily site inspections of the contractor's work by a landscape architect. WRA will provide construction support during the implementation of the mitigation site. The following is a summary of the time allocated for construction phase services for the stream mitigation sites: • Attendance at one pre -construction meeting; • Construction observation and field meetings, including 6 site visits; • Review and respond to shop drawings and submittals; and • Review and respond to requests for information. Task 8: As -Built Report for Mills Creek Mitigation WRA will prepare an as -built report to document completion of the Mills Creek mitigation work. The report will include narratives of the completed actions and construction activities and a map showing final locations and descriptions of the mitigation activities. In addition, a list of installed plants, including species and quantities, will be provided. Permanent photo points will be established at the Mills Creek mitigation site and photographs will be taken from the photo points to provide visual documentation of baseline conditions. Task 9: Mills Creek Annual Monitoring and Reporting WRA will conduct annual monitoring of temporarily impacted areas and the Mills Creek mitigation area. The RWQCB water quality certification requires that temporarily impacted areas be monitored for a 2-year period and the Mills Creek mitigation area to be monitored for a 5-year period. This task includes annual monitoring for up to three years following the methods described in the Mitigation and Monitoring Plan prepared for the RWQCB and dated May 2023. Methods include photo documentation, and visual evaluation of erosion and plant establishment. WRA will prepare an annual monitoring report describing the results of the monitoring for submission to the reviewing regulatory agencies. SCHEDULE Work under this Scope of Work will begin July 1, 2023 after the existing contract expires and upon execution of this Scope of Work. AIDRoutine Creek and Channel Maintenance Project I WRA #19139-12 4 Scope of Work I June 2023 STAFFING Justin Semion will be the principal in charge of the project. Ellie Knecht will be the project manager. Ingrid Morken, PLA, will be the project landscape architect (California license #5472). Other staff will be assigned to the project as necessary to complete the work outlined in this Scope of Work. ADDITIONAL ASSUMPTIONS The following assumptions have been made in the preparation of this Scope of Work. • This Scope of Work is intended to cover the period between July 1, 2023 and June 30, 2026. • This Scope of Work is based on WRA's best understanding of the permit requirements at this time. Future permits may require additional documentation or tasks that are not specified herein. • The Client will provide the most recent available topographic and site survey of the project depicting the existing conditions including improvements, utilities, legal boundary, setbacks, and other legal constraints on the property, properly referenced to a geographic coordinate system. • The Client will provide the description and location of the point of connection for water and the static pressure and available flow in gallons per minute at the point of connection. • The Client will provide sufficient detail regarding planned work activities for WRA to prepare the pre -construction documentation described herein. • This Scope of Work assumes the mitigation activities proposed at Mills Creek will be accepted by the agencies with no modifications. Any agency comments on the design drawings would need to be covered under a separate Scope of Work. • The Client will provide advance notification of the construction schedule in order for WRA to conduct the necessary pre -construction surveys and reporting. At minimum 48 hours notice will be provided prior to start of work so WRA can ensure a qualified biologist is available for biological monitoring. • The client will provide access to the work areas. • Biological monitoring will be billed on a time and materials basis. The cost estimates assume that biological monitors will be on -site for a maximum of 8.5 hours per work day. If work days exceed this length, costs will be higher than those provided here. • Only one work location can be monitored at a time, so the contractor cannot operate two machines simultaneously in different sections of the project area without at least 48 hours advance notification. • Project foremen and/or other relevant site supervisors will be responsible for ensuring that all site personnel follow the restrictions and guidelines outlined in the project permits. • WRA is not responsible for any Project delays or associated costs resulting from the enactment of permit minimization and avoidance measures. • WRA is not responsible for on -going fees that may be required by the project permits. • Up to three years of annual monitoring and reporting of temporarily impacted areas and the Mills Creek mitigation site is included in this Scope of Work. Five years of monitoring is anticipated to be required by project permits. Annual monitoring and reporting beyond this timeframe will be under a separate scope of work. ARoutine Creek and Channel Maintenance Project I WRA #19139-12 ft-1 Scope of Work I June 2023 ESTIMATED COST The estimated cost for the services described in this Scope of Work is provided below. This cost is based on the assumptions above and in the original Scope of Work, and it assumes normal working conditions. Costs may be reallocated between tasks, but the total cost will not be exceeded without authorization. Phase 2 Tasks Cost 1. Project Management and Agency Coordination (3 years) $ 27,000 2. Permit Compliance Matrix and Tracking (1-time) $ 4,000 3. Advance Notification of Proposed Work and Vegetation Removal Plan $ 17,500 (3-years) 4. Pre -Construction Surveys, WEAP, and Biological Monitoring 4.1 Pre -construction Surveys (3 years) $6,500 4.2 Nesting Bird Survey Methodology (1-time) $1,300 4.3 Worker Environmental Awareness Program (1-time) $2,500 4.4 Biological Monitoring (3 years) $36,000 5. As -Built and Construction Completion Report (3 years) $ 16,000 6. Construction Drawings for Mills Creek Mitigation (1-time) $9,000 7. Bid and Construction Period Services for Mills Creek Mitigation (1-time) $18,000 8. As -Built Report for Mills Creek (1-time) $6,800 9. Mills Creek Annual Monitoring and Reporting (3 years) $26,000 Total: $170,600 TERMS AND CONDITIONS This Scope of Work is subject to WRA's Standard Terms and Conditions, which are attached hereto and incorporated herein as Exhibit A. (Approval / Signature Page Follows) Routine Creek and Channel Maintenance Project I WRA #19139-12 Scope of Work I June 2023 APPROVAL TO PROCEED To authorize WRA's services and signify their mutual intent to be legally bound by this Scope of Work, authorized representatives of the parties hereby execute this agreement, effective upon the date when both parties have signed below. For Client Signature Printed Name and Title Email Address Billing Information: Name and Email (if different from above) For WRA Signature Printed Name and Title AIDRoutine Creek and Channel Maintenance Project I WRA #19139-12 Scope of Work I June 2023 Date Date EXHIBIT A WRA, INC. — STANDARD TERMS AND CONDITIONS 1. STANDARD OF CARE: The standard of care for all professional services performed or furnished by WRA under this Agreement will be consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing in the same locale under similar circumstances. No other warranty, express or implied, is made or intended as related to the services provided. All estimates, recommendations, and opinions of WRA will be based upon the information available to WRA at the time. Any such estimates, recommendations, and opinions are not a guarantee or warranty as to a specific outcome or result. Further, Client agrees that WRA is not offering investment advice or services. 2. SCOPE OF WORK; CHANGES: The services to be performed under this Agreement are outlined in the attached Scope of Work. Client understands that laws and regulations are constantly changing, and that the reactions of government agencies and the public cannot be predicted. WRA shall not be liable for any delay that results from any cause beyond its reasonable control. In the event of a change to WRA's scope of services, the compensation and timing for services under this Agreement shall be adjusted by mutual agreement of the parties in the form of a written Change Order that is executed by both parties. If Client requests that WRA procure certain materials, the parties shall execute a Change Order. 3. ESTIMATED COST; PAYMENT: The estimated not -to -exceed amount for WRA's services is outlined in the attached Scope of Work, based on the assumptions and limitations outlined therein. Labor rates are subject to an annual increase each January. Reimbursable expenses, including subcontractors, mileage, and equipment are charged at cost plus ten percent (10%). WRA will invoice Client for its services monthly, based on time and expenses for actual work completed, or based on the percentage of work completed if a fixed fee is arranged. Payment is due within 30 days of the date on the invoice. A service charge of one and one half percent (1.5%) per month may be added to account balances over 30 days past due. If Client disagrees with any portion of an invoice, it shall notify WRA within 10 days of receipt of the invoice and promptly pay the portion not in dispute. If WRA requires Client to pay a retainer, the retainer amount will be held and applied to the final invoice under the Scope of Work, with payment for all other invoices due upon receipt. Any amount invoiced in excess of the retainer on the final invoice will be due and payable to WRA, and any unused portion of the retainer will be refunded to Client within thirty (30) days of the date on the final invoice. 4. CONFIDENTIALITY: All data, documents, discussions and other information received from and developed for Client in performance of this Agreement are assumed to be confidential and will not be disclosed to any person, except as authorized in writing by Client, or as required by law. Information shall not be deemed confidential if it is or has become generally known without any breach by WRA of this Agreement, or was rightfully acquired by WRA from a third party who was entitled to disclose the information without confidentiality or proprietary restrictions. 5. WORK PRODUCTS: Reports, data and other products of WRA's services under this Agreement are for the sole use of Client. Client understands and agrees that all work products resulting from WRA's efforts are intended solely for purposes of this Agreement, and that any reuse or modifications for purposes outside this Agreement shall be at Client's sole risk. 6. CLIENT DUTIES: Client agrees to (a) provide complete requirements for, and all known information pertinent to, the Scope of Work; (b) provide or arrange for legal access and entry to project sites; (c) provide any notices required to enable WRA's services, or provide WRA with authorization to provide such notices; (d) give prompt written notice to WRA whenever Client becomes aware of any development that affects the scope or timing of WRA's services; (e) make reasonable efforts to ensure safe working conditions for WRA staff, including prompt notice of any known hazardous conditions at project sites. If the presence of an unanticipated hazardous condition is discovered during the performance of services under this Agreement, WRA shall notify Client and cease work. Under such circumstances, WRA will be entitled to an equitable adjustment to the compensation and timing for services under this Agreement. WRA charges a minimum of 4 hours for each staff member mobilized and/or en route to a project site if work is canceled by the Client with less than 12 hours' notice, or if unanticipated hazardous conditions discovered at the site cause WRA staff to cease work. Client shall be fully responsible for any costs, delays, or penalties that result from Client's non-compliance with applicable laws, or due to any error, inaccuracy, ambiguity, or omission in the information provided by Client to WRA. 7. LEGAL COUNSEL: WRA may provide guidance related to government regulations; however, WRA will not and does not provide legal advice, and Client is advised to consult with independent legal counsel in order to interpret current laws related to regulatory compliance. Client should also consult legal counsel prior to taking any actions on project sites, either before or after permit issuance. Client assumes full responsibility for all of its own actions conducted on project sites that may lead to enforcement actions by the federal or state government, or other quasi -regulatory or administrative agency, including any and all liabilities arising out of such enforcement actions. 8. NONDISCRIMINATION: WRA and Client shall abide by the requirements of 41 CFR Parts 60 et seq. (which implement Executive Order No. 11246, Equal Employment Opportunity) and any other applicable federal statutes, orders, regulations, and policies. These regulations prohibit discrimination against qualified individuals based on their status as protected A-1 veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, or national origin. Moreover, these regulations require that covered consultants take affirmative action to employ and advance individuals without regard to race, color, religion, sex, national origin, protected veteran status or disability. 9. LIMITATION OF LIABILITY: In no event, whether as a result of breach of contract, warranty, tort (including negligence and strict liability) or otherwise, shall WRA or Client be liable for any special, consequential, incidental, or punitive damages. WRA's maximum liability to Client for any and all loss or damage arising out of this Agreement shall be limited to the repair, replacement or re -performance of the delivered services, or if repair, replacement or re -performance is impossible or impractical, then to the insurance proceeds made available to WRA for such liability. 10. INDEMNIFICATION: Client and WRA each agree to indemnify and hold harmless the other party and its officers, directors, partners, and employees, from all liabilities arising from claims by third parties, including reasonable attorneys' fees and expenses, solely to the extent they are actually caused by the negligence of the indemnifying party arising out of the performance of this Agreement, and subject to any limitations of liability contained in this Agreement. If WRA's services include construction management, WRA has no duty to direct or supervise any separate consultants or contractors of Client, or to provide their means, methods, or sequences, or to stop or otherwise suspend their activities. WRA shall not be responsible for the failure of Client's separate consultants or contractors to fulfill their responsibilities, and Client agrees to indemnify and hold harmless WRA against any liabilities arising out of such failures. 11. TERMINATION: Either party may terminate the Agreement (a) in the event of a material breach by the other party that is not cured within seven (7) days after written notice of such breach, or (b) for any reason upon thirty (30) days' advance notice to the other party. All work completed up to the effective notice of termination will be due and payable by Client, and all deliverables prepared by WRA up to such time shall be provided to Client. 12. FORCE MAJEURE: Neither party shall be responsible for delay in the performance of its obligations under this Agreement caused by an occurrence or circumstance beyond its control, including but not limited to, severe weather or other natural catastrophes; terrorism, war, riots, strikes, lockouts or other disturbances; or acts of the government or any governmental agencies. To the extent that WRA's services are delayed by such events, WRA will be entitled to an equitable adjustment to the timing for services under this Agreement. 13. DISPUTE RESOLUTION; ATTORNEY'S FEES: Client and WRA agree that any disputes related to this Agreement shall first be submitted to mediation in accordance with the Construction Industry Mediation Rules of the American Arbitration Association, effective as of the date of this Agreement. Each party is responsible for payment of its own share of costs for mediation. In the event any legal action is commenced to enforce this Agreement, the prevailing party is entitled to reasonable attorney's fees, costs, and expenses incurred. 14. GOVERNING LAW: This Agreement and any action for claims arising out of it shall be governed by and construed in accordance with the laws of the State of California. The parties irrevocably and unconditionally submit to the exclusive jurisdiction and venue (and waive any objections as to laying of venue) of (a) the United States District Court for the Northern District of California (San Francisco) or, if such court lacks subject matter jurisdiction, (b) the Superior Courts of the State of California, County of Marin. 15. NOTICES: Any notice provided for under this Agreement will be given in writing to the parties at the physical and/or email addresses set forth in the Scope of Work, or to such other addresses as either party may later specify. Notice shall be effective on the date of service if served personally, upon delivery by a nationally recognized express courier, upon receipt if mailed by certified first class U.S. mail, or upon acknowledgement of receipt if sent by email. 16. OTHER PROVISIONS: This Agreement, including the attached Scope of Work, constitutes the entire agreement between the parties relating to the subject matter contained herein, and supersede all prior and contemporaneous representations, agreements, or understandings between the parties, except to the extent the parties have executed a separate confidentiality or non -disclosure agreement, which shall remain in full force and effect. If any provision of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the other provisions shall remain in full force and effect. No amendment or supplement of this Agreement shall be binding unless in writing signed by both parties. No waiver of any one provision of this Agreement shall constitute a waiver of any other provision. Except for permitted successors, assigns, and WRA subsidiaries and affiliates, this Agreement shall not operate for the benefit of any third parties. Neither party may assign this Agreement without the prior written consent of the other. The section headings herein are provided for convenience, and shall not be taken into consideration in the interpretation of this Agreement. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The parties agree that the use of electronic signatures for the execution of this Agreement shall be legally binding and shall have the same full force and effect as if signatures were by hand. A-2 EXHIBIT A Year 1 (2023) - Base Bid Area Site Location: Burlingame Creek - Reach 2A & 2B (Heritage Park - 1575 Ralston Avenue) -1 114 L"t Staging area Year 1 (2023) - Bid Alternate Area Site Location: Mills Creek - Reach 1 300 600 2 EEzzz===Z= Feet Year 1 (2023) - Bid Alternate Area Site Location: Sanchez Creek - Reach 2 N 300 600 n Feet N Year 2 (2024) - Base Bid Area Site Location: Easton Creek - Reach 2 0 Project Area: (36.28 ac.) 2024 Sediment Removal Area Stream Extent (5.25 ac.) Staging/Access Area 1 ' - s l 1 - �IN Its �I �F 1 w M Sources: 22018 San - \ 1 -III: 111 Iinlr: 11-i19 '1 Buri�e ;•' a- Hillsborough t > o �j Af I'M ,�.. t i 0 300 600 2 Feet Year 2 (2024) - Base Bid Area Site Location: Trousdale/EI Portal - Reach 1 ,.ii i +. _ i '�.. klpyl `•" ,7 • - 'Y.`�� ♦� f f +..MA Mtl . 14 v ' 'r •f�h ''irl� , �'"W � :r*� �r � �. �!"*��n•wa r, mow ip ix t ,, r � �; ) � ` _ � 1 - - rry •fib r "' ! a ♦ � : 1 -'-ice -F -� ' 1 ,. i, •� �. 1�� � �y .. Q r. r / - c �D Impact Type Impacted Impacted '. ,, ' ri �i Lt, •!* I f. - •r _ }'� >I� 1 - ,� Length(ft.) Acres _ - '� S _ •��� , 'Trousdale 1` Non -tidal Waters 430 0.049 r 1 'u { - t tl Trousdale 2 Non -tidal Waters 1270 0.146 _ a] I I _ t.. • st, Total 17f10 0.195 •£` � R [f x• � 1 I � � T. T , I �� � *Concrete Lined ReachJ& 8 f7 .,nlyr f tl; - ? ss j I 1 - ' �,�.�^ f 1 • r '� , 7 1. 71- Project Are,i ® Exten1 fr fe t c-axIm act t Tidal Waters - Tidal Wetland Non -tidal Waters Non -tidal Wetland l➢ i �. Q 13 Staging Area 0.77 Sources: 2016 DigltalGlobe Aerial Work area Year 2 (2024) - Bid Alternate Area Site Location: Easton Creek - Reach 3 Sources: 2018 San 0 300 600 ti Feet Year 2 (2024) - Bid Alternate Area Site Location: Mills Creek - Reach 4 4 k t i r,41, 0 Project Area: (36.28 ac.) 2024 Sediment Removal Area Stream Extent (5.25 ac.) Staging/Access Area t Illsborough ,! a y � v Mills Creek Mills Creek (Reach 2�) Mills Creek (iReach o Year 3 (2025) - Base Bid Area Site Location: Mills Creek - Reach 2 & 3 0 300 600 Feet Year 3 (2025) - Base Bid Area Site Location: Trousdale/El Portal Reach 2 lit? '4 10 L J, El I, P. impact Type Impacted Impacted L Length (ft.) Acres Trou cla�e 1 Non -tidal Waters 430 0.049 Non id Waters 1 0146 Trousda e 2 270 11 Total 1700 0*195 'Concrete Lined Reach zs7.ffih.r4 Project Area Impact Extent M Tidal Waters Tidal Wetland Non -tidal Waters Non -tidal Wetland v I fat Staging Area Sources: 2016 DigitalGlobe Aerial Work area ?7,4,r 0 Year 3 (2025) - Bid Alternate Area Site Location: Burlingame Creek - Reach 1 f b C OProject Area: (36.28 2023 Sediment Rem _ Stream Extent(5.25 ♦ Staging/Access Area sources: 2017 San Mateo County Aerial N 0 150 300 n Feet ry Year 3 (2025) - Bid Alternate Area Site Location: Easton Creek - Reach 1 Sources: 2018 San 0 300 600 2 e. i*:4:M111-IM-1 Year 1 (2023) - Base Bid Area Representative Photos: Burlingame Creek - Reach 2A & 2B (Heritage Park - 1575 Ralston Avenue) Burlingame Creek (Heritage Park). Burlingame Creek (Heritage Park). � r. itt a `Y E�.. - J� : -^y._ `,a `,• - n ..y a � I t a$ R Year 1 (2023) - Bid Alternate Area Representative Photos: Sanchez Creek - Reach 2 Sanchez Creek. Il ►. i r fir: ` �,.,�'.` lw i cy� •yn � r, ,E Sanchez Creek. Year 2 (2024) - Base Bid Area Representative Photos: Easton Creek - Reach Easton Creek (Reach 2) immediately west of North Carolan Avenue. Easton Creek (Reach 2) immediately east of Easton Creek (Reach 2) immediately west of North Carolan Avenue. Easton Creek (Reach 2) immediately east of North Carolan Avenue. North Carolan Avenue. Year 2 (2024) - Base Bid Area Representative Photos: Trousdale/EI Portal - Reach 1 Trousdale/EI Portal reach 1 various pics Year 2 (2024) - Bid Alternate Area Representative Photos: Easton Creek - Reach 3 Easton Creek (Reach 3) various pics Year 2 (2024) - Bid Alternate Area Representative Photos: Mills Creek - Reach 4 Mills Creek (Reach 4) immediately east of Hwy 101 North. Mills Creek (Reach 4) immediately east of 250' scope Year 3 (2025) - Base Bid Area Representative Photos: Mills Creek - Reach 2 & 3 Mills Creek (Reach 2) immediately west of Rollins Road. Mills Creek (Reach 3) immediately east of Rollins Road. Mills Creek (Reach 2) immediately west of Rollins Road. Mills Creek (Reach 3) immediately east of Rollins Road. Year 3 (2025) - Base Bid Area Representative Photos: Trousdale/EI Portal - Reach 2 YC�Aa k �e Trousdale/EI Portal reach 2 immediately east of Bayshore Hwy Year 3 (2025) - Bid Alternate Area Representative Photos: Burlingame Creek - Reach 1 Photo 1. Burlingame Creek, looking downstream to the west. Channel is approximately 6 feet wide and not subject to tidal action. The channel will be maintained by pushing debris and leaf litter from the eucalyptus trees lining the banks with a bobcat into an excavator bucket and haul trucks. Photo 2. Burlingame Creek, looking upstream towards train station and confluence of two upstream storm drains that feed Burlingame Creek. Year 3 (2025) - Bid Alternate Area Representative Photos: Easton Creek - Reach 1 Easton Creek (Reach 1) various pics BURLINGASTAFF REPORT Avovwi To: Honorable Mayor and City Council Date: August 21, 2023 /_Ce7A►1DYGV167 1111 MEETING DATE: August 21, 2023 From: Syed Murtuza, Director of Public Works — (650) 558-7230 Victor Voong, Associate Engineer — (650) 558-7230 Subject: Adoption of a Resolution to Accept the Dedication of a Public Utility Easement at One Adrian Court RECOMMENDATION Staff recommends that the City Council adopt the attached resolution to accept the dedication of a public utility easement at One Adrian Court. BACKGROUND On October 21, 2019, the City Council approved the final map for the development at One Adrian Court (Resolution No. 124-2019) to create a 2.83 acre site for a seven -story, 265-unit mixed use development. During construction, existing unknown telecommunication infrastructure was identified that necessitates the dedication of the attached public utility easement for future access and servicing of utilities. The developer, Summerhill Apartment Communities, is offering for dedication a public utility easement of an area approximately 9,586 square feet that runs behind the property frontage and neighboring property line as shown in Exhibit B of the easement plat and legal description. Staff has reviewed the easement plat and legal descriptions defining the new public utility easement, finds them to be technically correct, and recommends that the City Council accept the offer for dedication and direct City staff to record the easement. FISCAL IMPACT This action will not create any new financial responsibility. Funding for staff time in processing this easement is covered by the developer's map review fees. Exhibits: • Resolution • Final Map o Exhibit A: Legal Description; and Exhibit B: Easement Plat 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME ACCEPTING THE DEDICATION OF A PUBLIC UTILITY EASEMENT AT ONE ADRIAN COURT WHEREAS, on October 21, 2019, the City Council approved the final map for the development at One Adrian Court (Resolution No. 124-2019) to create a 2.83 acre site for a seven -story, 265-unit mixed use development; and WHEREAS, during construction, existing unknown telecommunication infrastructure was identified that necessitates the dedication of the public utility easement for future access and servicing; and WHEREAS, the developer, Summerhill Apartment Communities, is offering for dedication a public utility easement of an area approximately 9,586 square feet that runs behind the property frontage and neighboring property line as shown in the attached easement plat and legal description, which are part of the Final Map, attached; and WHEREAS, staff has reviewed the easement plat and legal description defining the new public utility easement to be technically correct and recommend its recordation. NOW, THEREFORE, BE IT RESOLVED: 1. The City Council of the City of Burlingame accepts the dedication of the said public utility easement at One Adrian Court, as described herein. 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 21 st day of August 2023, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Meaghan Hassel Shearer, City Clerk VOL_ 85 PG ri OWNER'S STATEMENT WE HEREBY STATE THAT WE ARE THE OWNERS OF, OR HAVE SOME RIGHT, TITLE OR INTEREST IN AND TO THE REAL PROPERTY INCLUDED WITHIN THE SUBDIVISION SHOWN UPON THIS MAR, AND WE ARE THE ONLY PERSONS WHOSE CONSENT IS NECESSARY TO PASS CLEAR TITLE TO SAID PROPERTY, AND WE HEREBY CONSENT TO THE MAKING AND RUNG OF SAID MAP AND SUBDIVISION AS SHOWN WITHIN THE DISTINCTIVE BORDER. WE HEREBY DEDICATE TO PUBLIC USE EASEMENTS FOR PUBLIC SIDEWALK PURPOSES AND APPURTENANCES THERETO AND THE RIGHT TO CONSTRUCT, INSTALL, USE, REPAIR, REPLACE AND MAINTAIN A PUBLIC SIDEWALK ON OR OVER THOSE CERTAN STRIPS OF LAND DESIGNATED AND DELINEATED AS 'P.A.E.' (PUBLIC ACCESS EASEMENT). WE ALSO HEREBY DEDICATE TO PUBLIC USE AN EASEMENT FOR PUBLIC PARK PURPOSES, DEUNEATED AND DESIGNATED ON THE HEREIN MAP AS 'PUBLIC PARK EASEMENT'. AS OWNER: SHAC ADRIAN COURT APARTMENTS LLC, A DELAWARE UNITED UABIUTY COMPANY BY: SHAC ADRIAN COURT APARTMENTS VENTURE LLC, A DELAWARE UNITED UABILITY COMPANY, ITS MANAGER BY: SHAC ADRIAN COURT APARTMENTS MANAGER LLC, A DELAWARE UNITED LIABILITY COMPANY, ITS MANAGER BY: SUMMEAH TM MUNI MANA A C ORNIA COR ATION ITS MANAGING MEMBER BY: NAME a �� BY: NAME �(%SIiUk 1AglaQ ITS ITS OWNER ACKNOWLEDGMENT A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT STATE OF `L�SS COUNTY OF ON .SrI� 20 A BEFORE ME, ' KW/K A NOTARY PUBLIC, PERSONALLY APPEARED �Dny_L�S • '"e'VM't WHO PROVED TO ME ON THE BASIS SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THE3R AUTHORIZED CARACITY(IES). AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSDN(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND. y NOTARY'S SIGNATURE tr/'V .f/ht PRINTED NAME: _ m• P 4)ah, - - COUNTY OF PRINCIPAL PLACE OF BUSINESS: COMMISSION No.: u.Zb Z reCatu Cwrty S COMMISSION EXPIRATION DATE 71IIUUWa YSW 202./ _ urycammEem�n;E`. OWNER ACKNOWLEDGMENT A NOTARY PUBUC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE I ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT STATE OF CDUNTY OF ON S #2 f r-BaJEL A 20 $., BEFORE ME, rn • P64 C 7D • A NOTARY PUBLIC. PERSONALLY APPEARED zosAi A, Tilt /T,Y'• WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSONS) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HE R/THBR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CAUFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND. NOTARY'S SIGNATURE: PRINTED NAME - COUNTY OF PRINCIPAL PLACE OF BUSINESS: Pe ft- ^^- € Cvwacawca>;ry COMMISSION Na.: 2-220 �^ acm aagypa r; Lomm EipsNw COMMISSION EXPIRATION DATE _NIYfM Y SF 2021 PARCEL MAP NO. 18-08 CONSISTING OF 2 SHEETS BEING A MERGER OF PARCELS D AND E AS SHOWN ON THAT CERTAIN PARCEL MAP, FILED FOR RECORD ON AUGUST 29, 1973 IN BOOK 22 OF PARCEL MAPS, AT PAGE 9, RECORDS OF SAN MATEO COUNTY LYING ENTIRELY WITHIN CITY OF BURLINGAME, SANTA MATEO COUNTY, CALIFORNIA DATE: AUGUST 2020 Bk F E7SANN. FIRST JOSE, CALIFORNIAS 9IE 511200 VICINITY MAP NOT TO SCALE SURVEYOR'S STATEMENT THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAR ACT AND LOCAL ORDINANCE AT THE REQUEST OF SUMMERHILL APARTMENT COMMUNITIES, IN FEBRUARY 2020. I HEREBY STATE THAT THIS PARCEL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE PARCEL MAP, THAT THE SURVEY IS TRUE AND CORRECT AS SHOWN; AND THAT ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED, OR THEY WILL BE SET IN SUCH POSITIONS ON OR BEFORE DECEMBER 31, 2023: AND THAT THE MONUMENTS ARE, OR WILL BE, SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. EQ LAND SG DATE DAIS THRESH V AVIS THRE m P.LS. NO. 6868 No. 6868 sg E OF CAt \FO`�Hp CITY LAND SURVEYORS STATEMENT I HEREBY STATE THAT I HAVE EXAMINED THE HEREON SUBDIVISION AND I AM SATISFIED THAT SAID MAR IS TECHNICALLY CORRECT. c`'SO¢.'I'LAL Hf� SG9L q DATED: q'`5-20 �• MARK A. HELTON, L.S.7078 *'• No. TOTe :' CONSULTING CITY SURVEYOR Tr4rF OF CALIF Y CITY OF BURLINGAME, CAUFORNIA CITY ENGINEER'S STATEMENT I HEREBY STATE THAT I HAVE EXAMINED THE HEREON PARCEL MAP; THAT THE SUBDIVISION AS SHOWN HEREON IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP, IF ANY, AND ANY APPROVED ALTERATIONS THEREOF, THAT ALL PROVISIONS OF THE SUBDIVISION MAP ACT, AS AMENDED, AND OF ANY LOCAL ORDINANCE APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP, IF REQUIRED, HAVE BEEN COMPUED WITH. DATE- 7/O 8 /20� 20 �./.J�C' z C 42534 _ ART MORIMOTO, R.C.E.83 424 $ CITY OF BURLINGAME, CALIFORNIA 9P C8'K g�\T CITY CLERK'S STATEMENT FCALIF� I, HEREBY STATE THAT THIS PARCEL MAP, CONSISTING OF 2 (TWO) SHEETS, WAS APPROVED Y THE CITY COUNCIL OF THE CITY OF BURUNGAME, STATE OF CALIFORNIA, BY RESOLUTION NO. 019 AT A DULY AUTHORIZED MEETING OF SAID CITY COUNCIL HELD ON THE DAY OF low 2020. AND THAT BY SAID RESOLUTION ALL STREETS AND PORTIONS THEREOF, AND ALL EASEMENTS SHOWN ON SAID MAP AND OFFERED FOR DEDICATION, ARE ACCEPTED ON BEHALF OF THE PUBLIC. PURSUANT TO GOVERNMENT CODE SECTION 88434(0),I HEREBY ABANDON THOSE PORTIONS OF THE 'BUILDING SETBACK UNE' CREATED BY THAT CERTAIN PARCEL MAR, FILED FOR RECORD ON AUGUST 29, 1973 IN BOOK 22 OF PARCEL MAPS AT PAGE 9 IN THE OFFICE OF THE RECORDER OF SAN MATEO, STATE OF CAUFORNIA, THAT ARE LOCATED WITHIN THE BOUNDARY OF THIS MAP AND ARE SHOWN ON TH4S MAP TO BE VACATED'. BY: MEAOHAR ASSEL-SHEARER DEPUTY CITY CLERK10 5 Z�7 p CITY OFFBURLINGAME, CALIFORNIA DAIS �v RECORDER'S STATEMENT FILED THIS L% DAY OF NOVL Yn be 2020, AT: (2:12Mk/P.M. IN VOLUME 95 OF PARCEL MAPS AT PAGES 69 -69 AT THE REQUEST OF BKF ENGINEERS. p FILE NO. -� — OO YS FEE: $1,61.00 MAR CHUROA. SAN MATFO COUIW RECORDER BKF No. 20161074 SHEET 1 OF 2 VOL. 85 PG. 61 LEGEND FOUND MONUMENT PER 22 PM 9 • FOUND IRON PIPE, AS NOTED ON MAP O SET 3/4" IRON PIPE WITH PLASTIC PLUG AND TACK, STAMPED "LS 6068" DISTINCTIVE BOUNDARY LINE CENTER LINE EASEMENT LINE - - - - - B.S.L. (TO BE VACATED) B.S.L P.A.E. BUILDING SETBACK ONE PUBLIC ACCESS EASEMENT LANDS OF JH HOLDING LLC DOC. 2009-119911 D t1N. I I SA . y 700. I o m q,� p 10' P.U.E. p "l.9 45-16, 0 zF 292 40 0"" , x'X 2923 O.R. 4�' ' ?2923 O.R. 412". =i 140' DRAINAGE RI7A RN0ND 21 O.R4OWE4.91C 0.O,463g 177 DEED4M 5-46 \ 090 99.�7• f y- / N3757'30"E o o L mN iO i F I Ip ID PUBLIC PARK ro EASEMENT Zp lm 17,777 S.F.t � I II (w 5014 CR�52ape L71 � PARCEL MAP NO. 18-08 CONSISTING OF 2 SHEETS BEING A MERGER OF PARCELS D AND E AS SHOWN ON THAT CERTAIN PARCEL MAP, FILED FOR RECORD ON AUGUST 29, 1973 IN BOOK 22 OF PARCEL MAPS, AT PAGE 9, RECORDS OF SAN MATEO COUNTY LYING ENTIRELY WITHIN CITY OF BURINGAME, SANTA MATEO COUNTY, CALIFORNIA SCALE 1" = 50' DATE: AUGUST 2020 E7SANN JOSIE, CALIFOET 9511200 B k F FOUND 3/4" IRON PIPE MONUMENT WITH TACK, INSIDE MONUMENT WELL PER (RI) FOUND 3/4" IRON PIPE MONUMENT WITH NAIL. INSIDE MONUMENT WELL PER (R1) FOUND 3/4" IRON PIPE MONUMENT ADRIAN COURT NTH TACK, INSIDE MONUMENT WELL (54' WIDE PUBLIC STR PER (R1) _N45'43'22'E 445.30 ED7) JI _- 38672- (� 5 1) BASIS�RINGS G5 A G72 G �� � � N45'43'22'E _ 341.89' L6 341.91 - / I � _ FOUND 3/4" IRON PIPE _ P.A.E. WITH NO TAG _ SEE DETAIL "A" HELD PER (R1 & R2) pj �C'! ma ws I � 2.5' P.A.E T PARCEL A mZ 2.83t ACRES m o LOT LINE TO BE .d "1 .11 THISOM D NA y'5;/,49p,- II 15' B.S.L. PER 22 PM 9J 1/ 5pb/ TO BE VACATED WA THIS MAP I' ,10' 309.02' C1 N3918'35"E 432'12' ( (432.15')(R1) el FOUND 3/4" IRON PIPE FOUND 3/4" IRON PIPE (, NTH NO AG HELD PER T(R1 & R2) NTH NO TAG HELD PER (2) i) f LANDS OF PUBLI STDRAGE INC. DOC. 1999-202734 GN L6 PUBOC PAM IN L14 L18L b I-4 -:1 30' 1 30' BASIS OF BEARINGS THE BEARING N45'43'22'W OF THE CENTER LINE OF ADRIAN COURT, BETWEEN FOUND STREET MONUMENTS, AS SHOWN ON THAT CERTAIN PARCEL MAP FILED FOR RECORD ON AUGUST 29, 1973 IN BOOK 22 OF PARCEL MAPS AT PAGE 9, RECORDS OF SAN MATEO COUNTY, WAS TAKEN AS THE BASIS OF BEARINGS FOR THIS SURVEY. NOTES 1. ALL DISTANCES AND DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. 2. THE DISTINCTIVE BORDER LINE INDICATES THE BOUNDARY OF THE LAND SUBDIVIDED BY THIS MAP AND CONTAINS A MERGED AREA OF 2.83 ACRES, MORE OR LESS. REFERENCES 11) RECORD DATA PER 22 PM 9 (2) RECORD DATA PER CORNER RECORD 1599 0 50 100 (SCALE IN FEET) LINE TABLE LINE NO. DIRECTION LENGTH L1 N5615'00'E 79.56' 1-2 N57'02'27W 12.51' 13 N83'31'44"E 42.54' L4 N8818'00"W 18.97' L5 N57'02'27'W 10.00' L6 N3257'33"E 55.00' L7 N4416'38"W 27.00' LB N57'02'27'W 17.50' L9 N56'37'54"W 34.07' LID N3918'35"E 5.73' L11 N3918'35'E 19.57' L12 N4118'18'E 28.19' L13 N34'05'00"W 8.75' L14 N32-57.33"E 21.70' L15 N57'02'27"W 0.71' L16 N3312'00"E 20.25' L17 N57'02'30"W 3.79' L18 N32'57'30'E 13.05' LI9 N57'02'27'W 7.50' L20 N3919'07"E 30.00' CURVE TABLE CURVE NO. RADIUS DELTA LENGTH C1 382.24' 3'48'21" 25.39' C2 382.24' 13'05'54" 87.38' C3 372.24' 13'02'16" 84.70' C4 55.00' 3825'54" 36.89' C5 20.00' 5111'43" 17.87' C6 20.00' 8335'45" 29.18' C7 61.00' 7050'32" 75.42' C8 26.00' 3029'54" 13.84' C9 382.24' 32821" 23.17' C10 382.24' 020'00" 2.22' C/1 17.50' 8335'45" 25.53' C12 15.50' 5111'43" 13.85' C13 59.50' 3825'54" 39.9V FOUND 3/4" IRON PIPE MONUMENT, INSIDE MONUMENT WELL PER (RI) BKF No. 20181074 SHEET 2 OF October 07, 2022 BKF No. 20181074 Pagel of 3 EXHIBIT "A" Legal Description PUBLIC UTILITY EASEMENT 1 Adrian Court, Burlingame, CA Real property in the City of Burlingame, County of San Mateo, State of California, described as follows: Being a portion of Parcel A, as said Parcel is shown on Parcel Map No. 18-08, filed for record on November 19, 2020 in Book 85 of Parcel Maps at Pages 68 and 69, Records of San Mateo County, described as follows: Commencing at the most easterly corner of said Parcel A, said corner being also a point on the southwesterly line of Adrian Road, being 60.00 feet in width, as shown on said Parcel Map (85 PM 68-69); Thence leaving said corner and along said southwesterly line of Adrian Road, North 50°40'53" West, 68.28 feet to the POINT OF BEGINNING of this legal description; Thence leaving said southwesterly line of Adrian Road, the following courses and distances: ■ South 39°19'07" West, 14.98 feet; ■ Parallel with said southwesterly line of Adrian Road, North 50°40'53" West, 20.00 feet; ■ North 39009' 12" East, 6.32 feet; ■ North 24°58'02" West, 3.46 feet to a point and being distant 7.15 feet southwesterly, right angle measurement, from said southwesterly line of Adrian Road; ■ Parallel with said southwesterly line of Adrian Road, North 50°40'53" West, 68.54 feet; ■ North 78°37'29" West, 14.40 feet to a point and being distant 8.50 feet southeasterly, right angle measurement, from southeasterly line of Adrian Court, being 54.00 feet in width, as shown on said Parcel Map (85 PM 68-69); ■ Parallel with said southeasterly line of Adrian Court, South 45043'22" West, 90.11 feet; ■ South 44°16'38" East, 9.00 feet; ■ Parallel with said southeasterly line of Adrian Court, South 45°43'22" West, 20.00 feet; ■ North 44°16'38" West, 9.00 feet to a point and being distant 8.50 feet southeasterly, right angle measurement, from said southeasterly line of Adrian Court; ■ Parallel with said southeasterly line of Adrian Court, South 45°43'22" West, 236.42 feet to the beginning of a tangent curve to the left, having a Radius of 11.50 feet; ■ Southwesterly and southerly along said curve, and concentric to said line of Adrian Court, through a central Angle of 51 ° 11'43", with an arc Length of 10.28 feet to the beginning of a reverse curve, concave to the northwest, having a Radius of 63.50 feet; ■ Southerly and southwesterly along said curve, through a central Angle of 16°04' 16", with an arc Length of 17.81 feet; ■ South 57°02'27" East, 13.70 feet; ■ South 32°57'33" West, 19.91 feet; ■ North 57°02'27" West, 13.08 feet to the point of beginning of a non -tangent curve, concave to the northwest, having a Radius of 59.50 feet, with a radial line that bears South 61°07'51" East, said point being distant 4.50 feet southeasterly, right angle measurement, from said southeasterly line of Adrian Court; ■ Parallel with said southeasterly line of Adrian Court, southwesterly along said curve, through a central Angle of 04°05'24", with an arc Length of 4.25 feet; ■ South 32°57'33" West, 21.58 feet; ■ South 57°02'27" East, 12.66 feet; ■ South 32°57'33" West, 19.94 feet; EXHIBIT "A" Legal Description PUBLIC UTILITY EASEMENT 1 Adrian Court, Burlingame, CA Page 2 of 3 ■ North 57°02'27" West, 12.66 feet to a point and being distant 4.50 feet southeasterly, right angle measurement, from said southeasterly line of Adrian Court; ■ South 32°57'33" West, 18.52 feet; ■ South 53°18'21" West, 5.75 feet to a point and being distant 12.50 feet southeasterly, right angle measurement, from the northwesterly line of said Parcel A of said Parcel Map (85 PM 68-69); ■ Parallel with said northwesterly line of said Parcel A, South 32°57'33" West, 99.56 feet; ■ South 24'52' 10" East, 20.53 feet to the beginning of a non -tangent curve, concave to the southeast, having a Radius of 92.00 feet, with a radial line that bears North 57°40'39" West; ■ Southwesterly along said curve, through a central Angle of 19°07'07", with an arc Length of 30.70 feet; ■ South 57°02'27" East, 61.98 feet; ■ South 04°05'39" East, 17.54 feet to a point on the southeasterly line of said Parcel A, said point being also the beginning of a non -tangent curve, concave to the northwest, having a Radius of 372.24 feet, with a radial line that bears South 19°30'32" East; Thence southwesterly along said southeasterly line of said Parcel A and along said curve, through a central Angle of 01 °34'08", with an arc Length of 10.19 feet; Thence leaving said southeasterly line of said Parcel A, the following courses and distances: ■ North 57°02'27" West, 17.94 feet; ■ North 32°57'33" East, 12.00 feet; ■ North 57°02'27" West, 51.24 feet; ■ South 01 ° 15'53" West, 31.02 feet; ■ North 88°44'07" West, 16.59 feet; ■ South 50°42'23" West, 16.89 feet; ■ South 14°46'06" West, 24.65 feet to said southeasterly line of said Parcel A; Thence along said southeasterly line, South 83°31'44" West, 12.87 feet; Thence leaving said southeasterly line of said Parcel A, the following courses and distances: ■ North 14°46'06" East, 29.80 feet; ■ North 50°42'23" East, 32.61 feet; ■ North 01 ° 15' 53" East, 24.60 feet; ■ North 57°52' 12" West, 14.83 feet to said northwesterly line of said Parcel A; Thence along said northwesterly line, North 32°57'33" East, 10.00 feet; Thence leaving said northwesterly line of said Parcel A, the following courses and distances: ■ South 57'52' 12" East, 17.12 feet to the beginning of a non -tangent curve, concave to the southeast, having a Radius of 110.00 feet, with a radial line that bears North 74°48' 15" West; ■ Northeasterly along said curve, through a central Angle of 09°51' 14", with an arc Length of 18.92 feet; ■ North 59°52' 19" West, 4.19 feet; ■ North 30°07'41" East, 16.34 feet; ■ North 24°52' 10" West, 6.40 feet to a point and being distant 2.50 feet southeasterly, right angle measurement, from the northwesterly line of said Parcel A of said Parcel Map (85 PM 68-69); ■ Parallel with said northwesterly line of said Parcel A, North 32°57'33" East, 106.88 feet; EXHIBIT "A" Legal Description PUBLIC UTILITY EASEMENT 1 Adrian Court, Burlingame, CA Page 3 of 3 ■ North 53018'21" East, 5.75 feet; ■ North 32057'33" East, 3.24 feet to the southwesterly line of Adrian Court, as shown on said Parcel Map (85 PM 68-69); Thence along said southwesterly line, South 57°02'27" East, 5.50 feet to the southeasterly line of said Adrian Court; Thence along said southeasterly line, the following courses and distances: ■ North 32057'33" East, 55.00 feet to the beginning of a tangent curve to the left, having a Radius of 55.00 feet; ■ Northeasterly and northerly along said curve, through a central Angle of 38°25'54", with an arc Length of 36.89 feet to the beginning of a reverse curve, concave to the southeast, having a Radius of 20.00 feet; ■ Northerly and northeasterly along said curve, through a central Angle of 51'11'43", with an arc Length of 17.87 feet; ■ North 45043122" East, 341.68 feet to the beginning of a tangent curve to the right, having a Radius of 20.00 feet; ■ Thence northeasterly, easterly and southeasterly along said curve, through a central Angle of 83°35'45", with an arc Length of 29.18 feet to said southwesterly line of Adrian Road; Thence along said southwesterly line, South 50140'53" East, 93.51 feet to the POINT OF BEGINNING of this legal description; Containing an area of 9,586 square feet, more or less. End of Legal Description BASIS OF BEARINGS: The bearing North 50040'53" West of the centerline of Adrian Road, between found monuments, as shown on Parcel Map No. 18-08, filed for record on November 19, 2020 in Book 85 of Parcel Maps at Pages 68 and 69, Records of San Mateo County, California. As shown on EXHIBIT "B" plat attached hereto and made a part hereof. This legal description was prepared by me or under my direct supervision. LRhO S� By: JoHN John Koroyan P.L.S. No. 8883 KOROYAN Date: A N4. �', 2 0 Z 3 N o. 8883 1p . 0 60 120 240 SCALE IN FEET JH HOLDING LLC O.R. 2009-119511 ADRIAN ROAD (60 WIDE) PUBLIC UluTY EASEMENT 9,586 SQ.FT.t (SEE SHEETS 2-4 FOR EASEMENT V. DIMENSIONS) I Z . LO � ILANDS OF CP VII ADRIAN, LLC, A DELAWARE LIMITED LIABILITY COMPANY O.R. 2021-126535 RECORDED 08/31/2021 PARCEL A PARCEL MAP NO. 18-08 85 PM 68-69 BASIS OF BEARINGS I wz?'� THE BEARING N50'40'53"W OF THE CENTERLINE OF ADRIAN ROAD, BETWEEN FOUND MONUMENTS, AS SHOWN ON PARCEL MAP NO. 18-08, FILED FOR RECORD ON NOVEMBER 19, 2020 IN BOOK 85 OF PARCEL MAPS AT PAGES 68 AND 69, RECORDS OF SAN MATEO COUNTY, CALIFORNIA. LEGEND (FOR SHEETS 1-4) 0 3/4" IRON PIPE WITH TACK, INSIDE MONUMENT WELL PER 85 PM 68-69 O.R. OFFICIAL RECORDS P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT (R) RADIAL BEARING SQ.FT. SQUARE FEET U.P.R.R. UNION PACIFIC RAILROAD COMPANY K:\2018\181074_SJ_ ADRIAN_COURT\SUR\DWG\PLATS\PUE\SHEET 1.DWG U.P.R.R. — ---------- �—OO PUBLIC STORAGE INC. O.R. 1999-202734 Q LAND So 'flG FL JOHN KOROYAN No. 8883 AL6. 4, zozs EXHIBIT 0B" PLAT TO ACCOMPANY LEGAL DESCRIPTION 1730 N. FIRST STREET SUBJECT PUBLIC UTILITY EASEMENT w SUITE60o 1 ADRIAN COURT, BURLINGAME, CA SAN JOSE, CA 95112 JOB NO. 20181074 (408)467-9100 BY CASC APPR. JVK DATE 08-04-2023 www.bkf.com 1 OF 4 I I 27' 2 n � 3 Z. s 0 � I cp v- I W N N Lo d- Z I I ADRIAN ROAD (60' WIDE) N50'40'53"W 1730.93' M-M 135.19 1595.74' 0Io 0 o to I rn P.O.C. S50'40'53"E 93.51' z N50'40'53"WL - 44 J 68.28' 5 N50'40'53"W 68.54' J P.O.B. L 2 "Lon r- S.so' PUBUC U11UTY EASEMENT °' Io 3 9,586 SQ.FT.i N LANDS OF 7' CP VII ADRIAN, LLC, A DELAWARE LIMITED LIABILITY COMPANY IO.R. 2021-126535 L6 RECORDED 08/31/2021 �0 3 N PARCEL A 0 M PARCEL MAP NO. 18-08 N :* 85 PM 68-69 L7 N 8.50' I I N d- N 3 11 N N Lo %3 I \\ UNE TABLE NO. BEARING LENGTH L1 S39'19'07"W 14.98' L2 N50'40'53"W 20.00' L3 N39'09'12"E 6.32' L4 N24'58'02"W 3.46' L5 N78'37'29"W 14.40' L6 S44'16'38"E 9.00' L7 N44'16'38"W 9.00' 8.50' 0 20 40 80 SCALE IN FEET K:\2018\181074SJ ADRIAN_COURT\SUR\DWG\PLATS\PUE\SHEETS 2-4.DWG EXHIBIT "B" PLAT TO ACCOMPANY LEGAL DESCRIPTION 1730 N. FIRST STREET SUBJECT PUBLIC UTILITY EASEMENT SUITE600 1 ADRIAN COURT, BURLINGAME, CA SAN JOSE, CA 95112 JOB NO. 20181074 (408)467-9100 BY CASC APPR. JVK DATE 08-04-2023 www.bkf.com 2 OF 4 I 8.50' cep `N 27' 16 W N 04 r7 I N N z ILo co I PUBUC UTILITY �S EASEMENT I9,586 SQ.FT.f �cP C,, ago N w N L8 L9 S61,p7,51„E (R) n\ ��— w 5 i - r 0 v o L11 co c.,w c �� u! L12 W r^ moo• L32 w r o M a' J JH HOLDING LLC J 10.00, O.R. 2009-119511 2.50' LA N N Ln J IJ m � co I rn 0 20 40 80 "O!!� SCALE IN FEET CURVE TABLE NO. RADIUS DELTA LENGTH Cl 11.50' 51 *11'43" 10.28' C2 63.50' 16*04'16" 17.81' C3 1 59.50' 4'05'24" 4.25' C7 55.00' 38'25'54" 36.89' C8 20.00' 51 *11'43' 17.87' LINE TABLE NO. BEARING LENGTH L8 S57'02'27"E 13.70' L9 N57'02'27"W 13.08' L10 S32'57'33"W 21.58' L11 S57'02'27"E 12.66' L12 N57'02'27"W 12.66' L13 S32'57'33"W 18.52' L14 S53'18'21 "W 5.75' L30 N53'18'21"E 5.75' L31 N32'57'33"E 3.24' L32 S57'02'27"E 5.50' LANDS OF CP VII ADRIAN, LLC, A DELAWARE LIMITED LIABILITY COMPANY K:\2018\181074SJ ADRIAN_COURT\SUR\DWG\PLATS\PUE\SHEETS 2-4.DWG O.R. 2021-126535 RECORDED 08/31/2021 PARCEL A PARCEL MAP NO. 18-08 85 PM 68-69 EXHIBIT "B" PLAT TO ACCOMPANY LEGAL DESCRIPTION 1730 N. FIRST STREET SUBJECT PUBLIC UTILITY EASEMENT SUITE600 1 ADRIAN COURT, BURLINGAME, CA SAN JOSE, CA 95112 JOB NO. 20181074 (408)467-9100 BY CASC APPR. JVK DATE 08-04-2023 www.bkf.com 3 OF 4 0 20 40 80 SCALE IN FEET JH HOLDING LLC O.R. 2009-119511 LINE TABLE NO. BEARING LENGTH L10 S32'57'33"W 21.58' L11 S57'02'27"E 12.66' L12 N57'02'27"W 12.66' L13 S32'57'33"W 18.52' L14 S53'18'21 "W 5.75' L15 S24'52'10"E 20.53' L16 SO4'05'39"E 17.54' L17 N57'02'27"W 17.94' L18 N32'57'33"E 12.00' L19 N88'44'07"W 16.59' L20 S50'42'23"W 16.89' L21 S14'46'06"W 24.65' L22 S83'31'44"W 12.87' L23 N01 *15'53"E 24.60' L24 N57'52'12"W 14.83' L25 N32'57'33"E 10.00' L26 S57'52'12"E 17.12' L27 N59'52'19"W 4.19' L28 N30'07'41 "E 16.34' L29 N24'52'10"W 6.40' L30 N53'18'21 "E 5.75' L31 N32'57'33"E 3.24' L32 S57'02'27"E 5.50' L33 N83'31'44"E 14.12' L- 4.50' r 0 NCJ� N v o L11 co u! L12 W m r L32 L4 r o a' M � J 10.00, 2.50' CURVE TABLE NO. RADIUS DELTA LENGTH C4 92.00' 19'07'07" 30.70' C5 372.24' 1'34'08" 10.19, C6 1 110.00' 19*51'14" 118.92' LANDS OF CP VII ADRIAN, LLC, A DELAWARE LIMITED LIABILITY COMPANY RECORDED 08/31/2021 PARCEL A PARCEL MAP NO. 18-08 85 PM 68-69 I PUBLIC UTIUTY EASEMENT 9,586 SQ.FT.t S9 �. IS \ N 7 1800 0 co L2 �i % � S57'02'27"LF-61-913'_ -00-01 r � 51.24Lp L24 s N 57'02' 27'� W 01. Lu N 9 ,ate- c0 0 Z o M J � 10.pp1 w rn K:\2018\181074SJ ADRIAN_COURT\SUR\DWG\PLATS\PUE\SHEETS 2-4.DWG Vh Co _I L1 U.P.R.R. G7U11DI1 D PLAT TO ACCOMPANY LEGAL DESCRIPTION 1730 N. FIRST STREET SUBJECT PUBLIC UTILITY EASEMENT SUITE600 1 ADRIAN COURT, BURLINGAME, CA SAN JOSE, CA 95112 JOB NO. 20181074 (408)467-9100 BY CASC APPR. JVK DATE 08-04-2023 www.bkf.com 4 OF 4 ?- I � CITY =% iGA�MSTAFF • R yCo To: Honorable Mayor and City Council Date: August 21, 2023 AGENDA NO: 10i MEETING DATE: August 21, 2023 From: Syed Murtuza, Director of Public Works — (650) 558-7230 Mahesh Yedluri, Senior Civil Engineer — (650) 558-7230 Subject: Adoption of a Resolution Accepting the El Camino Real Sewer Main Improvements, City Project No. 85970 & Adeline Drive Water Main Improvements, City Project No. 84891 by D'Arcy & Harty Construction Inc. RECOMMENDATION Staff recommends that the City Council adopt the attached resolution accepting the El Camino Real Sewer Main Improvements, City Project No. 85970, & Adeline Drive Water Main Improvements, City Project No. 84891, by D'Arcy & Harty Construction Inc., in the amount of $2,062,297. BACKGROUND On August 15, 2022, the City Council awarded the El Camino Real Sewer Main Improvements, City Project No. 85970, & Adeline Drive Water Main Improvements, City Project No. 84891, to D'Arcy & Harty Construction Inc., in the amount of $2,122,595. This project replaced/rehabilitated segments of the sewer and water mains along El Camino Real prior to the proposed Caltrans Roadway Renewal Project. These were the segments that had chronic maintenance issues and needed rehabilitation. This project completed the rehabilitation of major City owned utilities along El Camino Real. The El Camino Real sewer main improvements work consisted of replacing and installing new sewer mains. Crews installed approximately 3,300 linear feet of new 12-inch, new 10-inch, and new 8-inch High -Density Polyethylene (HDPE) sewer mains along El Camino Real, Trousdale Drive, Ray Drive, Albemarle Way, Westmoor Road, Broadway, Sanchez Avenue, Edgehill Drive, Forest View Avenue, Palm Drive, Arc Way, Belvedere Court, Airport Boulevard, and Willow Avenue. In addition, crews replaced a damaged sewer lateral along California Drive, repaired a damaged stormwater outfall pipe at the 842 Cowan Stormwater Pump Station, and installed a stormwater inlet along Laguna Avenue. The construction method was pipe -bursting with certain portions of conventional open trench and spot repairs. The work included replacement or rehabilitation of manholes and sewer laterals as well as miscellaneous concrete as needed. Minor asphalt work for pavement restoration, traffic control, and temporary bypass pumping were also performed as part of the project. 1 Acceptance of the El Camino Real Sewer Main Improvements, City Project No. 85970 August 21, 2023 & Adeline Drive Water Main Improvements, City Project No. 84891 The Adeline Drive water main improvements work consisted of replacing and installing a new water main. Crews installed approximately 390 linear feet of new 6-inch Ductile Iron Pipe (DIP) water main along El Camino Real with tie-ins at the intersection of Adeline Drive. The new water main consisted of twelve 6-inch fittings and thrust blocks, two 6-inch gate valves, and removing one existing blow -off valve. Miscellaneous concrete work was performed as needed to replace concrete sidewalk and curb and gutter. Minor asphalt work for pavement restoration, traffic control, and temporary bypass pumping were performed. This project was within the Caltrans right-of-way. Therefore, the project required close coordination with Caltrans for traffic control, obtaining all the necessary permits for construction, and adhering to all the Caltrans right-of-way requirements, including, but not limited to, the 2018 Caltrans Standard Plans and Specifications. DISCUSSION The project construction has been satisfactorily completed in compliance with the plans and specifications. The final construction cost is $2,062,297, which is about $60,300 below the awarded contract amount. During construction, it was identified that some of the sewer pipe segments proposed to be rehabilitated were in good condition. Therefore, staff identified other high priority sewer segments to replace this work. The construction cost was lower than the bid price because these modifications to the project work resulted in changes to the bid quantities and thus resulted in lower costs. FISCAL IMPACT The following are the estimated final project expenditures: Construction $2,062,297 Construction Management and Inspection $190,000 Engineering and Administration $110,000 Total $2,362,300 There are adequate funds available in the Capital Improvements budget to cover the estimated final costs. Exhibits: • Resolution • Final Progress Payment • Project Location Map 2 N4*01ILIA IIC01010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME ACCEPTING IMPROVEMENTS — EL CAMINO REAL SEWER MAIN IMPROVEMENTS PROJECT AND ADELINE DRIVE WATER MAIN IMPROVEMENTS PROJECT BY D'ARCY & HARTY CONSTRUCTION INC. CITY PROJECT NOS. 85970 & 84891 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 D'Arcy & Harty Construction Inc., under the terms of its contract with the City dated September 14, 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 Nos. 85970 & 84891 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 215' day of Au ust, 2023, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Meaghan Hassel Shearer, City Clerk CONTRACTOR: D'Arcy & Harry, Construction Inc. CITY OF BURLINGAME DATE : July 12, 2023 ADDRESS: 1300 Ca.011 Ave. PAYMENT NO. 5 Flnal Pav FORTHE MONTH OF : April lstto June 30h San Fmncisco, CA 94124 El Camino Real Sewer Mal. Improvements & Adeline Dr We., Main Improvements PURCHASE ORDER # TELEPHONE: (650) 8225200 CITY PROJECT NO's .85970 & 84891 .»...»..»..., ITEM .,..»...»..»...»..»...»..»...»..»...»..»...»..»...»..»...»..»...»..«,..».. ,..»...»..»...».... UNIT ,..»...»..« ,.»...»..« BID UNIT ,.»...»..........».., BID ....,....»... ,,..»...»... : QUANTITY: ,,..»...»... ,,..»...»..»..., QUANTITY: QUANTITY: ,..»...»..»...»..»...»..«,..»...»..»..«, % AMOUNT ..»..«,..»..«,..»..«,..»..«,.. PREVIOUS AMOUNT # ITEM DESCRIPTION PRICE QUANTITY : SIZE AMOUNT TO DATE : PREV PAY: THIS PYMI: PAID TO DATE PAID THIS PMT. Sanitary Sewer Improvements S1 Mobilization $60,000.00 1 LS $ 60,000.00 1.00: 1.00: 0.00: 100.00%: $ 60,000.00 $ 60,00000 $ - S2 :Traffic Control $130,000.00 1 LS $ 130,000.00 1.00: 1.00: 0.00: 100.00%: $ 130,000.00 $ 130,00000 $ - S3 Sheeting, Shoring, & Bracing $150,000.00 1 LS $ 150,00000 1.00 : 1.00 : 0.00 : 100.00% : $ 150,00000 $ 150,00000 $ - S4 : Construction Staking and Survey E5,000.00 1 LS $ 5,000.00 1.00 : 1.00 : 0.00 : f00.00%: $ 5000.00 $ SA00.10 $ - S5 :Site Investigation and Potholing E 10,000.00 1 LS $ 10,000.00 1.00 : 1.00 : 0.00 : 100.00% : $ 10,000.00 $ 10,OO.00 $ - S6 : Stormwater Pollution Prevention E 1,000.00 1 LS $ 1:000.00 1.10 : 1.00 : 0.00 : 100.00% : $ 3,011:10 $ 3,.11N $ - S7 Caltrans Permit $ s1000.00 1 LS $ 5,000.0. 1..0 : 1.00 : 0.00 : 1. or % : $ 5,000.00 $ 5,000.00 $ - Se : Remove and Replace Sidewalk $15.00 400 SF $ 6,000.00 45.00: 45.00: 0.00: 11.25%: $ 6]5.00 $ 675.00 $ Be : 8" HDPE (SDR17) Sanitary Sewer Pipe -Open Trench $ 390.00 534 LF $ 208:260.00 704.00 : 704.00 : 0.00 : 131.84% : $ 274,560.00 $ 274,560.00 $ - S10 : 8" HDPE (SDR17) Sanitary Sewer Pipe -Pipe Burst $ 325.00 1399 LF $ 453,050.00 1223.00 : 1223.00 : 0.00 : 8].73% : $ 397,4]5.00 $ 397,475.00 $ - S11 :10"HDPE(SDR77) Sanitary Sewer Pipe -Open Trench $415.00 299 LF $ 124,085.00 45.00: 45.00: 0.00: 15.05%: $ 18,6]5.00 $ 18,675.00 $ - S12 10" HDPE (SDR77) Sanitary Sewer Pipe -Pipe Burst $ 355.00 626 LF $ 222,230.00 909.00 : 909.00 : 0.00 : 145.21% : $ 322,695.00 $ 322,695.00 $ - S13 12"HDPE(SDR77) Sanitary Sewer Pipe -Open Trench 11SI0 180 LF $ g0,100.00 50.00: 50.00: 0.00: 1.71%: $ 22,21100 $ 22,250.00 $ - S14 12"HDPE(SDR77) Sanitary Sewer Pipe -Pipe Burst $395.00 490 LF $ 188,650.00 620.00: 360.00: 260.00: 126.53%: $ 238,]0000 $ 138,60000 $ 100,100.00 S15 8" VCP Sanitary Sewer Pipe - Spot Repair $450.00 30 LF $ 13,500.00 0.00: 0.00: 0.00: 0.00% $ - $ - $ - S16 8" Sewer Lateral -SDR77 HDPE (Open Trench) $200.00 106 LF $ 21,200.00 137.00 : 137.00 : 0.00 : 129.25% : $ 27,40000 $ 27,400.00 $ - S17 Replace and Reconnect Existing Sewer Lateral E 2,500.00 25 EA $ 62,500.00 6.00 : 6.00 : 0.00 : 24.01% : $ 11,000.00 $ 15,000 00 $ Si. Install New Sewer Lateral Cleanout $800.00 2e EA :$ 22,400.00 9.00: 9.00: 0.00: 32.14% $ 7,200.00 $ 7,200.00 $ - S19 Install New Manhole $12,500 W 2 EA $ 25,000.00 0.00 : 0.00 : 0.00 : 0.00% $ - $ - $ - S20 Adjust Existing Manhole to Grace $ 2,000.00 1 EA $ 21000.00 2.00 : 2.00 : 0.00 : 200.00 % $ 4,000.00 $ 4,000.00 $ - S21 Striping & Signage $10,0o000 1 LS $ 10,000.00 1.00 : 0.00 : 1.00 : 100.00% : $ 10,000.00 $ - $ 10,000.00 S22 Class 2 Contaminatetl Soil Disposal $ 50.00 250 CY $ 12,500.00 0.00 : 0.00 : 0.00 : 0.00% $ - $ - $ - S23 Class 1 Contaminated SOII Disposal $190.00 I6 CY $ 3,040.00 0.00 : 0.00 : 0.00 : 0.00% $ - $ - $ - S24 Class 3 Soil Disposal $ 20.00 16 CY $ 320.00 0.00 : 0.00 : 0.00 : 0.00% : $ - $ - $ SEWER SUBTOTAL It 1,817,835.00 $ 1,701,630.00 $ 1,591,530.00 $ 110,100.00 w1 : Mobilizatior $20,000.00 1 LS $ 20,000.00 1.00: 1.00: 0.00: 0.00%: $ 20,00000 $ 20. 11A0 $ - W2 :Traffic Coniro E50,000.00 1 LS $ 50,000.00 1.00: 1.00: 0.00: 0.00%: $ 50,00000 $ 50,00000 $ - w3 : Sheeting, Shoring, & BracinS 1,20,000 W 1 LS $ 20'000.00 1.00 : 1.00 : 0.00 : 0.00% $ 21,00000 $ 20,00000 $ - W4 Constmction Staking and Survey $ 2.000.00 1 LS $ 2,000.00 1.00 : 1.00 : 0.00 : 0.00% $ 2,000.00 $ 2,000.00 $ - WS Site Investigation and Potholln $ 3,000.00 1 LS $ 3,000.00 1.00 : 1.00 : 0.00 : 0.00% : $ 3,000.00 $ 3,000.00 $ - W6 Storm star Pollution Preventiol $3,000.00 1 LS $ 3,000.00 1.00: 1.00: 0..0: 0.00%: $ 3,000.00 $ 3,000.00 $ - WT : Calfrans Pe.nil $5,000.00 1 LS $ 6000.00 1.00: 1.00: 0.00: D.DD% $ SOoo.00 $ S,OOo.00 $ - WB :6'Water Main - DIP 8350.00 11 LF $ 1Is 500.00 386.25: .6.25: 0.00: 0.00%: $ 135,18750 $ 135,187:' $ - we :6"Fitting-45 Degree Bend&Thrust Blocl $eDo.o0 12 EA $ 9,600.00 5.00: 5.00: 0.00: 0.00% $ 6,000.00 $ 6,000.00 $ - W10 :6"x6"Fifting- Tee &Thrust Blocl E1,500.00 2 EA $ 1:000.00 3.00: 3.0.0 0,00: 0.00% $ 4,500.00 $ 4,500.00 $ - W11 :6"Gate Val $2,500.00 2 EA $ BOB5,.00 3.00: 3.00: 0.0.: 0.001% $ 7,500.00 $ 7,500.00 $ - w12 :6"BlInd Flange 'Hydrant $500.00 1 EA $ 500.00 1.00: 1,00: 0,00: 0.00% $ 500.00 $ 500.00 $ - W13 FireAssembh E12,0o0.00 1 EA $ 12,000.00 1.00: 1.00: D.DD: D.DD% $ 12,00000 $ 12,00000 $ - W14 Conn toExistinq 6"Water Mair $3,500.00 2 EA $ 7,000.00 2.00: 2.00: 0.00: 0.00% $ 7,000.00 $ 7,000.00 $ - W15 :Remove Existing Blow Off Valy E 1:101:11 2 EA $ 2,000.00 1.00 : 1.00 : 0.00 : 0.00% $ 1,000.00 $ 1,000.00 $ - W16 :TempomN Service Connection, E1,'00.on 2 F1� $ 3,000.00 0.00: 0.00: 0.00: 0.00% $ $ - $ w7 : Re move antl Replace Sidewal $20.00 40 SF $ 800.00 40.00: 0.00: 40.00: f00.00%: $ 800.00 $ - $ 800.00 W18 Remove and Replace Curb& Gutte $150.00 10 LF $ 1,500.00 10.00: 0.00: 10.00: 100.00%: $ 1,500.00 $ - $ 1,500.00 W19 :Remove antl Replace Traffic Detector Group E5,Ooo.o0 1 LS $ 5,000.00 1.00: 0.00: 1.00: 100.00% $ 5,000.00 $ - $ 5,000.00 w20 : Temporary Blow Off Valve: $3000.on $ 6000.00 1.00: 1.00: 0.00: 0.00% $ 3,000.00 $ 3,000.00 $ - W21 :Class 2 Contaminated Soil DisposE $ 50.00 W CY $ 1,500.00 BOB. : 0.00 : BOB. : 0.00% $ - $ - $ - W22 Dielectric Blanket Allowance $1'500.00 2 EA $ 3,000.00 0.00: 0.00: 0.00: 0.00% $ $ - $ W23 Striping &SignagE E5,00o.00 1 LS $ 6000.00 1.00: 0.00: 1.00: 100.00%: $ 5,000.00 $ - $ 5,000.00 W24 : Class 1 Contaminated Soil DismosE $180.00 16 CY $ 3,040.00 0.00 : 0.00 : 0.00 : 0.00% $ - $ - $ - W25 Class3Soi Dispose $20.00 is CY $ 320.00 0.00: 0.00: 0.00: 0.00%: 8 - $ - $ - WATER SUBTOTAL $ 304,7611 $ 289,987.50 $ 277,687.50 $ 12,300.00 PROJECT TOTAL $ 2,122,595.00 $ 1,991,617.50 $ 1,869,217.50 $ 122,400.00 CHANGE ORDERS CCO UNIT CCO UNIT BID : QUANTITY: QUANTITY: QUANTITY: % AMOUNT PREVIOUS AMOUNT # .......».............».......»................... DESCRIPTION ................. ........ .......................... ... ........................................... PRICE QUANTITY : SIZE ......... ......................................... AMOUNT TO DATE : PREV PAY: THIS PYMI: ............. ........... ................. PAID ...... TO DATE .............................................. PAID .. THIS PMT. ....... .......».......»............ C01.1 Pre CCTV for Sherman Easement -Work deleted $ 4.50 425 LF $ 1,912.50 425.00 425.00 0.00 0.00%: $ 1,912.50 $ 1,91250 : $ - CO 1.2 Pre CCTV for ECR plan sheets 14,15, and 16 - Work deleted $ 4.50 1120 LF $ 5,040.00 1120.00 1120.00 0.00 0.00% : $ 5,040.00 $ 5040.no $ - CO1.3 Replaceentoflinelamph,I at SSMHE5-22010 on ECR Noroomfornews $ 3,500.00 1.00 1.00 0.00 0.00% $ 3,500.00 $ 3,500.00 $ SSMH per plan due to proximity of SFPUC 54"Water Main. $ 3,500.00 1 LS - C01.4 Sherman Easement - Delete 8"HDPE Pipe Burst(S10) contractwork(ptpe $ d25.00 d25.00 0.00 0.00% $ $ $ wasnew) Sheet 9 $ 325.00 425 LF (138,125.00) (138,125.00) (138,125.00) - ECR SS Main - Delete 8" HDPE Open Trench (S9) contractwork (pipe was C01.5 new) Sheet 14 from SSMH ES-21024 to E5-21025 $ 390.00 171 LF $ (66,690.00) -171.00 -171.00 0.00 0.00% $ (66,690.00) $ (66,690u(l) $ - ECR SS Main - Delete 8"HDPE Pipe Bunt(S10) contract work (pipe was C01.6 new) Sheet 14 from SSMH E5-21025 to E5-21029 $ 325.00 283 LF $ (91,9]5.00) -283.00 -283.00 0.00 0.00% $ (91,975.00) $ (91,9]5.00) $ - ECR SS Main -Delete 8"HDPE Pipe Burst(S10) contract work (pipe was C01.7 new) Sheet 14-15 from SSMH E5-21024 to E5-21025 $ 325.00 282 LF $ (91,650.00) -282.00 -282.00 0.00 0.00% $ (91,650.00) $ (91,650.0(l) $ - ECR SS Main -Delete 8"HDPE Open Trench(S9) contractwork(pipe was C01.8 new) Sheet 14-15 from SSMH E5-21030 to E5-21032 $ 390.00 311 LF $ (149,370.D0) -383.00 -383.00 0.00 0.00% $ (149370.00) $ (149,370.00) $ - C01.9 Add new segments at 1125 Airport Blvd(Bayside Park) per CDR#2 $ 219,375.00 1 LS $ 219,375.01 1,10 1.00 0.00 0.00% $ 219,3]5.00 $ 219,3]5.00 $ - CO1.10 Laguna Ave Storm Drain Improvements E 18,200.00 1 LS $ 18,2D0.00 1.00 1.00 0.00 0. % $ 18.200.00 $ 18.200.00 $ - CO1.11 Add newsegments in easement behind homes on Belevedere Ct7 $ 247,325.00 1.00 1.00 0.00 0.00% $ 267,325.00 $ 247,325.00 $ ,agements $ 247,325.00 1 LS - C01.12 Miscelaneous repair items on ECR $ 13,340.00 1 LS $ 13,340.00 1.00 1.00 0.00 0.00% $ 13,340.00 $ 13,340.00 $ - CO2.1 Additional labor for excavation and backilll on Belvedere Ctto avold patio In assonanCO2.2 $ 2,040.00 1 LS $ 2.040.00 1.00 0.00 1.00 100.00%: $ 2,040.00 $ - $ 2,040.00 : Village Park Lateral Replacement $ 41,200.00 1 LS $ 41,2D0.00 1.00 0.00 1.00 100.00% : $ 41,200.00 $ - $ 41,200.00 CO2.3 Trousdale SS Main Replacement. Additional work for Investigation and removal of the existing CMP casing and restoration $ 23,619.96 1 LS $ 21,11111 1,10 0,10 1,10 110,01% : $ 23,111,91 $ - $ 23,619.96 CO2.4 : Cowen Pump Station Outfall Pipe Repair and CCTV work $ 12:000.00 1 LS $ 12,000.00 1.00 0.00 1.00 100.00% : $ 12,000.00 $ - $ 12,000.00 CO 2.5 Replace - is Loops at Ray and Trousdale at ECR $ 10,134.19 1 LS $ 10,134.19 1.00 0.00 1.00 100.00% : $ 10,134.19 $ - $ 10, 134.19 CO2.6 :Retaining Wall In easement Belvedere Ct $ 2,484.08 1 LS $ 2,484.08 1.00 0.00 1.00 100.00%: $ 2,414.08 $ - $ 2,484.08 CO2.7 :Reinstall Survey Monument at ECR and Tmustlale $ 6,318.84 1 L$ : $ 6,318.64 1.00 0.00 1.00 f00.00% $ 6,318.s4 $ - $ 6,318.66 CO2.8 :Freme and cover replecmenl at Broadway end ECRincluding traffic control $ 2,000.00 1 LS :$ 2,000.00 1.00 0.00 1.00 f00.00%: $ 2,000.00 $ - $ 2,000.00 CHANGE ORDERS TOTAL $ 70,879.37 $ 70,679.37 $ (29,117.50) : $ 99,796.87 DEDUCTIONS: D1 $ - $ - TOTAL DEDUCTIONS $ - $ - : It - : It - .................................................................................................................................................................................................................................................................................................................. DATE PREPARED BY: Dave Bishop (CSG Consuttanis) SUBTOTAL "^'""""^' """"""'""""""'"^'"" $ 2(103,114.84 $ 1,840, 100.00 $ 222,1 87 LESS FIVE (5%)PERCENT RETENTION $ (103,114.86) $ (92,00500) W) $ (11,f09.84) CHECKED BY: ..................................................... APPROVED BY SUBTOTAL WITHOUT DEDUCTIONS $ 1,959,1e203 $ 1,74e,09500 $ 211,0e7.03 CITY ENGINEER: AMOUNT DUE FROM CONTRACTOR $ - $ - APPROVED BY ,..»...»..»,.»...»..» .»...»..»...»..»..., CONSULTANT: A a.�� 7/12/23 TOTAL THIS PERIOD - ...... ^...... ' $ 1,959,182.03 $ l'-'09500 $ 211,087.03 C0 Q Q 0 00 0 N N �� r SAN FRANCISCO BAY 70 Ix A do / D --- /71 „T ��` T \. \ ' .�` \ 1 'T l \ D � � 'mil �1 I' �D tS, y I ArA1VW� . �1 f CALL UTILITY NOTIFICATION CENTER OF �. / �\�C� T ✓ x` CALIFORNIA Cn T✓ /'./ '� \� /' '/ \/ ./ % �' PJyz Know what's below. x bl. `c%'�k� Call before you dig. / CALL 2 BUSINESS DAYS IN ADVANCE BEFO RE Q` YOu DIG, GRADE, OR EXCAVATE FOR THE /% % ✓ MARKING OF UNDERGROUND MEMBER UTILITIES. - - APPROVAL RECOMMENDED BY: J - -/ \ /',./ �. ' / \ % ' \ / , ��. \ \ D� �✓� D PARKER KING DATE '9y J y WILSEY HAM R.C.E. N0. 87701 EXPIRES 09-30-23 REVIEWED FOR CONFORMANCE WITH CITY OF BURLINGAME STANDARDS T A71 ND REQUIREMENTS APPROVAL FOR CONSTRUCTION IS SUBJECT To THE -IITT-/y / I� "�/ \\` �'/ ✓ \ / / ' ° `� INFORMATION SHOWN HEREIN. THE CITY OF BURLINGAME AND THE UNDERSIGNED ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS \'' �\ ( - — / \ / ✓' THAT MAY EXIST ON THESE PLANS. ,�✓' �J\ C / / ART MORIMOTO ASSISTANT PUBLIC WORKS DIRECTOR DATE R.C.E. NO. 42634 EXPIRES 03-31-2024 Project Mgr.: PDK 06/13/22 �� DESIGNED UNDER THE DIRECTION OF: SHEET WILSEY ,- HAM CITY OF BURLINGAME �pFESS1pN Project Eng.: KLH 06/13/22 SAN MATEO COUNTY CALIFORNIA oQ OOUGz q�F Designer: PJB 06/13/22 Engineering, Surveying & Planning U`�a�F; 4,p 3 PARKER C) Checked By: PDK 06/13/22 EL CAMINO REAL SEWER AND WILSEY HAMG DATE 3130 La Selva Street, Suite 100 R.C.E. N0. 87701 EXPIRES 09-30-23 * _, Drown By: 06/13/22 San Mateo, CA 94403 ADELINE DRIVE WATER MAIN IMPROVEMENTS DESIGN: PDK DATE: 26 06/13/22 BID SET PDK 650.349.2151 KEY MAP DRAWN: KLH/PJB DATE: 06/13/22 FIVI\- OF NO. DATE ISSUE / REVISION DESCRIPTION BY BY DATE wilseyham.com wH PROJ. N0. 140-109 cP #85970 & #84891 CHECKED: RLK DATE: SHEETS BURi®NGAME AGENDA NO: 10j STAFF REPORT MEETING DATE: August 21, 2023 To: Honorable Mayor and City Council Date: August 21, 2023 From: Meaghan Hassel -Shearer, City Clerk — (650) 558-7203 Subject: Adoption of a Resolution Designating Voting Delegates and Alternates for the 2023 Leaque of California Cities' Annual Conference RECOMMENDATION Staff recommends that the City Council adopt the attached Resolution to designate the voting delegate and alternate for the 2023 League of California Cities' Annual Conference. BACKGROUND The League of California Cities is holding its annual conference in Sacramento, California, from September 20 through September 21, 2023. During the conference, the League holds its Annual Business Meeting (General Assembly), where members consider and act on resolutions that establish League policy. The League of California Cities informed the City that: "In order to vote at the Annual Business Meeting, your city council must designate a voting delegate. Your city may also appoint up to two alternate voting delegates, one of whom may vote in the event that the designated voting delegate is unable to serve in that capacity." In accordance with the League of California Cities' requirements the City must designate the voting delegate and alternates through Council action. DISCUSSION In order to ensure that the City's interests are recognized, staff recommends that the City Council adopt the attached resolution. The resolution designates Mayor Brownrigg as the voting delegate for the City at the annual conference. In his absence, Vice Mayor Colson will act as the first alternate and Councilmember Beach will act as the second alternate. FISCAL IMPACT There is no fiscal impact. 1 Voting Delegate for League of California Cities' Conference August 21, 2023 Exhibits: • Resolution • League of California Cities Letter RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME DESIGNATING THE VOTING DELEGATE AND ALTERNATES FOR THE 2023 LEAGUE OF CALIFORNIA CITIES' ANNUAL CONFERENCE WHEREAS, the League of California Cities is holding its annual conference in Sacramento, California, from September 20 through September 22, 2023; and WHEREAS, during the conference, the League holds the Annual Business Meeting, where members consider and act on resolutions that establish League policy; and WHEREAS, in order for the City to vote on resolutions at the Annual Business Meeting, the Council must designate voting delegates and alternates through Council resolution; and WHEREAS, Mayor Brownrigg will act as the voting delegate for the City; and WHEREAS, if Mayor Brownrigg is unable to vote, Vice Mayor Colson will act as the first alternate and Councilmember Beach will act as the second alternate. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES RESOLVE AS FOLLOWS: Mayor Brownrigg is designated the voting delegate for the 2023 League of California Cities' Annual Conference, Vice Mayor Colson is the first alternate and Councilmember Beach is the second alternate. 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 21 st day of August, 2023, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: City Clerk LEAGUE OF CALIFORNIA CITI ES Council Action Advised by August 28, 2023 DATE: Wednesday, June 21, 2023 TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES League of California Cities Annual Conference and Expo, Sept. 20-22, 2023, Sacramento SAFE Credit Union Convention Center Every year, the League of California Cities convenes a member -driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy. Taking place on Sept. 22, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions. To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official. Please complete the attached voting delegate form and email it to Cal Cities office no later than Monday, August 28. New this year, we will host a pre -conference information session for voting delegates to explain their role. Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre- conference communications with voting delegates. Please view Cal Cities' event and meeting policy in advance of the conference. Action by Council Required. Consistent with Cal Cities bylaws, a city's voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken or have vour city clerk or mavor Sian the form affirming that the names provided are those selected by the city council. Please note that designating the voting delegate and alternates must be done by citX council action and cannot be accomplished by individual action of the mayor or city manager alone. LEAGUE OF CALIFORNIA CITI ES Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website. For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly. Transferring Voting Card to Non -Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official. Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate. The voting delegate desk, located in the conference registration area of the SAFE Credit Union Convention Center in Sacramento, will be open at the following times: Wednesday, Sept. 20, 8:00 a.m.- 6:00 p.m. and Thursday, Sept. 21, 7:30 a.m.- 4:00 p.m. On Friday, Sept. 22, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting. The voting procedures that will be used at the conference are attached to this memo. Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city's voting delegate and alternates. Once again, thank you for completing the voting delegate and alternate form and returning it to Cal Cities office by Monday, Aug. 28. If you have questions, please contact Zach Seals at zseals@calcities.ora. Attachments: • General Assembly Voting Guidelines • Voting Delegate/Alternate Form • Information Sheet: Cal Cities Resolutions and the General Assembly LEAGUE OF CALIFORNIA CITI ES General Assembly Voting Guidelines One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy. 2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee. 3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly. 4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city's voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution. 5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate. 6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate. 7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly. A, LEAGUE OF CALIFORNIA CITI ES CITY: 2023 ANNUAL CONFERENCE VOTING DELEGATE/ALTERNATE FORM Please complete this form and return it to Cal Cities office by Monday, August 28, 2023. Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates. To vote at the General Assembly, voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council. Please note: Voting delegates and alternates will be seated in a separate area at the General Assembly. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the voting delegate desk. 1. VOTING DELEGATE Name: Title: 2. VOTING DELEGATE - ALTERNATE Name: Title: — Email: Email: 3. VOTING DELEGATE - ALTERNATE Name: Title: Email: ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s). Name: Mayor or City Clerk: (circle one) (signature) Email: Date: Phone: Please complete and email this form to votingdelegates@calcities.org by Monday, August 28, 2023. 1k LEAGUE OF How it works: Cal Cities it * CALIFORNIA CITIES Resolutions and the General Assembly General Resolutions Sixty days before the Annual Conference and Expo, Cal Cities members may submit policy proposals on issues of importance to cities. The resolution must have the concurrence of at least five additional member cities or individual members. Petitioned Resolutions The petitioned resolution is an alternate method _ to introduce policy proposals during the annual conference. The petition must be signed by voting delegates from 10% of member cities, and submitted to the Cal Cities President at least 24 hours before the beginning of the General Assembly. General Assembly Policy Committees The Cal Cities President assigns general resolutions to policy committees where members review, debate, and recommend positions for each policy proposal. Recommendations are forwarded to the Resolutions Committee. Resolutions Committee taThe Resolutions Committee considers all resolutions. General Resolutions approved' by either a policy committee or the Resolutions Committee are next considered by the General Assembly. General resolutions not approved, or referred for further study by both a policy committee and the Resolutions Committee do not go the General Assembly. All Petitioned Resolutions are considered by the General Assembly, unless disqualified.2 • '' During the General Assembly, voting delegates e I�I BOOM debate and consider general and petitioned ginv %eop resolutions forwarded by the Resolutions Committee. illf Potential Cal Cities bylaws amendments are also considered at this meeting. What's new in 2023? 410 • Voting delegates will receive increased communications to prepare them for their role during the General Assembly. • The General Assembly will take place earlier to allow more time for debate and discussion. AmAm • Improvements to the General Assembly process will make it easier for voting delegates to discuss and debate resolutions. Who's who Cal Cities policy development is a member -informed process, grounded in the voices and experiences of city officials throughout the state. The Resolutions Committee includes representatives from each Cal Cities diversity caucus, regional division, municipal department, policy committee, as well as individuals appointed by the Cal Cities president. Voting delegates are appointed by each member city; every city has one voting delegate. The General Assembly is a meeting of the collective body of all voting delegates — one from every member city. Seven Policy Committees meet throughout the year to review and recommend positions to take on bills and regulatory proposals. Policy committees include members from each Cal Cities diversity caucus, regional division, municipal department, as well as individuals appointed by the Cal Cities president. ' The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article A. Sec. 5(f). For more information visit www.calcities.org/general-assembly � CITYY O BURLI 'GASTAFF R • yCo To: Honorable Mayor and City Council Date: August 21, 2023 AGENDA NO: 10k MEETING DATE: August 21, 2023 From: Kevin Gardiner, Community Development Director. (650) 558-7253 Joseph Sanfilippo, Economic Development & Housing Specialist. (650) 558- 7264. Subject: Adoption of a Resolution Approving the City of Burlingame's Response Letter to the San Mateo County Civil Grand Jury Report Entitled "Accessory Dwelling Units: Affordable Housing's Panacea or Prevarication?" RECOMMENDATION Staff recommends that the City Council adopt the attached resolution approving the City of Burlingame's response letter to the San Mateo County Civil Grand Jury Report entitled "Accessory Dwelling Units: Affordable Housing's Panacea or Prevarication?" BACKGROUND On June 12, 2023, the San Mateo County Civil Grand Jury released a report regarding Accessory Dwelling Units (ADUs). The report examined whether San Mateo County cities were taking sufficient steps to meet their Regional Housing Needs Allocation 61" Cycle (RHNA 6) obligations through use of ADUs, and whether they were monitoring the affordability of ADUs. The report was based on the San Mateo County Civil Grand Jury's research and interviews of various cities, including Burlingame. The City received an obligation of 3,257 units in the RHNA 6 cycle, but the draft RHNA 6 Housing Element plans for a greater number to provide a buffer, for a total of 5,384 units. Of these projections, the City includes 167 ADUs in its RHNA 6 draft Housing Element, based on recent historical trends. The affordability of the ADUs in the Housing Element was divided into a 30/30/30/10 formula (corresponding to very low-, low-, moderate- and above moderate- income, respectively). This formula was provided by the Metropolitan Transportation Commission/Association of Bay Area Governments (MTC/ABAG) after extensive surveying performed statewide and regionally. The San Mateo County Civil Grand Jury Report included seven findings and six recommendations. The City must provide a formal response no later than September 11, 2023. 1 Grand Jury Response Regarding Accessory Dwelling Units August 21, 2023 DISCUSSION Findings: The Grand Jury report identified seven findings. The findings are summarized below. Response to Findings: F1. Due to recent changes in California ADU-related laws, local governments cannot condition ADU permits in San Mateo County on complying with affordability monitoring and verification. F2. San Mateo County and most of its municipalities rely on ADUs to meet their affordable housing commitments in their RHNA-6 plans. F3. Atherton, Hillsborough, Portola Valley, and Woodside rely on ADUs to meet as much as 80 percent of their affordable housing commitments in their RHNA-6 plans. F4. HCD has instructed San Mateo County jurisdictions to monitor and verify future ADU production and affordability every two years but has yet to specify how to verify whether very low-, low- or moderate -income households are occupying the ADUs as planned. F5. Other than Brisbane and Redwood City, San Mateo County and its jurisdictions have yet to articulate how they will monitor and verify ADU production or affordability. F6. Without effective ADU monitoring and verification, it will be impossible to evaluate whether the jurisdictions are meeting their RHNA-6 obligations for low-, very -low, and moderate -income housing units. F7. ADU affordability and occupancy could be monitored by agencies such as HIP Housing which has proven systems and processes to verify occupancy of deed -restricted rental properties in San Mateo County. After analysis, staff recommends the following responses to the above findings: F1. The City agrees with the finding. F2. The City partially agrees with the finding. If the finding read "San Mateo County and most of its municipalities include ADUs to meet their affordable housing commitments in their RHNA-6 plans," then the City of Burlingame would agree with the finding. While Burlingame counts ADUs to meet affordable housing commitments in RHNA, it is one of many strategies. Specifically, Burlingame has a total lower income housing RHNA of 1,889 units, and ADUs make up only 150 (851o) of these. F3. Not applicable: Burlingame is not named in this finding and therefore has no comment. F4. The City partially agrees with the finding. The City does not expect HCD to specify how to verify the income levels of ADU occupants. Burlingame is planning on supporting a regional ADU monitoring effort through the Association of Bay Area Governments (ABAG) 2 Grand Jury Response Regarding Accessory Dwelling Units August 21, 2023 or 21 Elements, a long-standing collaboration among the 21 jurisdictions of San Mateo County. F5. The City agrees with this finding. San Mateo County jurisdictions met on June 20, 2023 to discuss potential strategies for monitoring ADU affordability levels. Burlingame is planning to support a regional ADU monitoring effort through ABAG or 21 Elements. Staff expects this monitoring effort to begin no later than two years after the Housing Element was due (early 2025). F6. The City partially agrees with this finding. As noted previously, the City of Burlingame includes 150 ADUs in its Housing Element towards fulfillment of the required 1,889 allocation of lower income units. Theoretically, the City of Burlingame can still fully meet its RHNA obligations for every affordability category without a low-income ADU being provided if multifamily developments provide more affordable units than projected. With the exception of ADUs, below market units in Burlingame are subject to annual monitoring through the City's housing management vendor. However, as stated above, Burlingame is planning to support a regional approach to monitoring ADU affordability. F7. The City agrees with this finding. HIP is one potential partner agency. Recommendations: The Grand Jury requested that the City respond to each and every finding and recommendation. Per Government Code Section 933.05, "as to each grand jury recommendation, the responding person or entity shall report one of the following actions: 1) The recommendation has been implemented, with a summary regarding the implemented action. 2) The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation. 3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report; or 4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefore." After analysis, staff recommends the following responses to the applicable recommendations. R1. San Mateo County and each City should immediately stop using ADUs to meet their State -mandated very low-, low-, and moderate -income housing targets in their Housing Element submissions until they have also proposed an effective monitoring system that verifies how newly developed ADUs will be used. Response: The recommendation will not be implemented because it is not warranted or is not reasonable. While Burlingame shares the Civil Grand Jury's goal to increase ADU affordability monitoring, it is not feasible to revise the City's Housing Element to eliminate the use of ADUs to meet affordable housing goals. The Housing Element was developed 3 Grand Jury Response Regarding Accessory Dwelling Units August 21, 2023 through a rigorous process of multiple years of public input and revisions. Burlingame has already submitted its second draft to HCD, and the draft follows HCD guidance on designating the affordability of ADUs. However, Burlingame is committed to following state housing law and to supporting the development of an effective regional ADU monitoring program that will be operated by 21 Elements or ABAG. Burlingame is also supporting the development of a new ADU nonprofit that will have programs to incentivize the production of affordable ADUs in San Mateo County. The City will have this monitoring program in place for future Housing Element cycles. R2. By February 1, 2024, San Mateo County and each City should develop, adopt, and implement a verification system capable of monitoring and verifying how newly developed ADU's are being used. Response: Part of the recommendation has yet to be implemented but will be implemented in the future. However, part of the recommendation is not warranted. Burlingame agrees that it is important to have high quality information about who is living in ADUs. The City will participate in the ABAG or 21 Elements ADU monitoring system. The monitoring is projected to launch in January 2025 and will likely survey people about their plans for their ADU at the time permits are issued. Due to homeowner privacy concerns and the cost of engaging with thousands of homeowners every year, it would not be practical to have an ongoing verification system that checks the income of every resident of every ADU in the county. R3. By February 1, 2024, San Mateo County and each City should develop and adopt incentives for ADU owners which could be offered in exchange for deed restrictions that would include requirements for ADU tenants to participate in independent monitoring. Response: This recommendation has yet to be implemented but will be implemented in the future. Burlingame agrees with the goal of adopting an affordable ADU program. The City is actively involved in the creation of an ADU nonprofit to serve San Mateo County jurisdictions, and 21 Elements, working on behalf of the City, has been researching best practices. The draft work plan for the nonprofit calls for it to offer programs to incentivize the production of affordable ADUs and support homeowners in constructing ADUs in exchange for agreeing to rent at affordable levels. The nonprofit is projected to launch in July 2024 and will be financially supported by San Mateo County jurisdictions as well as private philanthropy if possible. R4. By February 1, 2024, San Mateo County and each City should track the intended use of ADUs — rented or non -rented — during the permitting process and offer incentives in exchange for deed restrictions that require ADUs to be used as rentals. Response: This recommendation has yet to be implemented but will be implemented in the future. As part of the monitoring program referenced in response to R2, Burlingame will track the intended use of ADUs. The City already offers streamlined permitting for ADUs and ADU low permit fees, so it is not clear what incentives would be effective beyond offering direct financial support, which can be considered. However, deed restrictions are likely to be a deterrent to ADU production, given owners'reluctance to place encumbrances on their properties. C Grand Jury Response Regarding Accessory Dwelling Units August 21, 2023 R5. By April 1, 2024, San Mateo County and each City should develop and adopt a new ADU affordability distribution formula specific to each jurisdiction to the extent they are used for meeting the very low-, low-, and moderate -income housing requirements in their RHNA housing elements. Response: The recommendation will not be implemented because it is not warranted or is not reasonable. While the City agrees with the importance of an accurate distribution formula, given the relatively small size of Burlingame, a more meaningful distribution formula can be attained by collecting data on ADUs constructed across all San Mateo County jurisdictions. Burlingame is supporting the creation of an ADU monitoring program through 21 Elements orABA G that will collect data that can be used to revise the distribution formula based on actual observed income levels. ABAG provides guidance on an ADU affordability distribution formula based on a study prepared in 2021 by the Terner Center for Housing Innovation at the University of California at Berkeley. The study surveyed thousands of homeowners statewide with repeat mailings, and the data was aggregated to reduce the margin of error. There was no evidence in the data to suggest significant variation from city to city. The study's recommended affordability breakdown that a Bay Area jurisdiction can use for ADUs, which is noted as being conservative, is 30% very low, 30% low, 30% moderate, and 10% above moderate. The recommendations of 30130130110 had a significant cushion built in to ensure cities did not accidentally underproduce the amount of housing needed. R6. San Mateo County and each City should consider working together to address Recommendations 2 and 3. Response: This recommendation has been implemented. San Mateo County jurisdictions work collaboratively through 21 Elements to develop, adopt, and implement housing policies and programs in the county. San Mateo County jurisdictions are already working together to address recommendations 2 and 3. Staff has drafted the attached response letter summarizing the above -listed information for City Council review and approval. FISCAL IMPACT None. Exhibits: • Resolution • Response Letter • Grand Jury Report 5 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING THE CITY OF BURLINGAME RESPONSE LETTER TO THE SAN MATEO COUNTY CIVIL GRAND JURY REPORT ENTITLED "ACCESSORY DWELLING UNITS: AFFORDABLE HOUSING'S PANACEA OR PREVARICATION?" WHEREAS, the San Mateo County Civil Grand Jury released a report entitled, "Accessory Dwelling Units: Affordable Housing's Panacea or Prevarication?" on June 12, 2023; and WHEREAS, the report examined if San Mateo County cities were taking sufficient steps to meet their Regional Housing Needs Allocation 6th Cycle (RHNA 6) obligations through use of Accessory Dwelling Units (ADUs), and whether they were monitoring the affordability of ADUs; and WHEREAS, the report included seven findings and six recommendations; and WHEREAS, the County has requested that each agency respond to the applicable findings and recommendations, and submit responses to the San Mateo County Grand Jury by September 11, 2023; and WHEREAS, the City Council has received the proposed response letter for review. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME RESOLVES AND ORDERS AS FOLLOWS: That the letter in response to the San Mateo County Grand Jury Report entitled "Accessory Dwelling Units: Affordable Housing's Panacea or Prevarication?" attached hereto, is hereby approved, and the Mayor is authorized to sign and convey said letter on behalf of the City. 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 215t day of Au ust, 2023, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Meaghan Hassel -Shearer, City Clerk MICHAEL BROWNRIGG, MAYOR DONNA COLSON, VICE MAYOR EMILY BEACH RICARDO ORTIZ PETER STEVENSON August 21, 2023 Honorable Nancy L. Fineman Judge of the Superior Court c/o Bianca Fasuescu Hall of Justice 400 County Center; 2nd Floor Redwood City, CA 94063-1655 The City of Burlingame CITY HALL -- 501 PRIMROSE ROAD BURLINGAME, CALIFORNIA 94010-3997 TEL: (650) 558-7201 www.burlingame.org Subject: City of Burlingame's Response to Civil Grand Jury Report Entitled "Accessory Dwelling Units: Affordable Housing's Panacea or Prevarication?" Dear Judge Fineman: After reviewing the Grand Jury Report entitled "Accessory Dwelling Units: Affordable Housing's Panacea or Prevarication?" the following are the City of Burlingame's responses to the Grand Jury's findings. F1. Due to recent changes in California ADU-related laws, local governments cannot condition ADU permits in San Mateo County on complying with affordability monitoring and verification. The City agrees with this finding. F2. San Mateo County and most of its municipalities rely on ADUs to meet their affordable housing commitments in their RHNA-6 plans. The City partially agrees with the finding. If the finding read "San Mateo County and most of its municipalities include ADUs to meet their affordable housing commitments in their RHNA-6 plans," then the City of Burlingame would agree with the finding. While Burlingame counts ADUs to meet affordable housing commitments in RHNA, it is one of many strategies. Specifically, Burlingame has a total lower income housing RHNA of 1,889 units, and ADUs make up only 150 (8%) of these. Additionally, Burlingame has or is developing programs such as: • An updated General Plan that greatly increased residential density, which allows for housing that is naturally more affordable Use of housing trust funds to support 100% affordable housing developments Streamlined permitting processes for affordable housing The Honorable Nancy L. Fineman August 21, 2023 Paae 2 • Zoning requirements that facilitate a certain percentage of new units be rented affordably • Commercial linkage fees to fund new affordable housing F3. Atherton, Hillsborough, Portola Valley, and Woodside rely on ADUs to meet as much as 80 percent of their affordable housing commitments in their RHNA-6 plans. Not applicable: Burlingame is not named in this finding and therefore has no comment. F4. HCD has instructed San Mateo County jurisdictions to monitor and verify future ADU production and affordability every two years but has yet to specify how to verify whether very low-, low- or moderate -income households are occupying the ADUs as planned. The City partially agrees with the finding. We do not expect HCD to specify how to verify the income levels of ADU occupants. Burlingame is planning on supporting a regional ADU monitoring effort through the Association of Bay Area Governments (ABAG) or 21 Elements, a long-standing collaboration among the 21 jurisdictions of San Mateo County. F5. Other than Brisbane and Redwood City, San Mateo County and its jurisdictions have yet to articulate how they will monitor and verify ADU production or affordability. The City agrees with this finding. San Mateo County jurisdictions met on June 20, 2023 to discuss potential strategies for monitoring ADU affordability levels. Burlingame is planning to support a regional ADU monitoring effort through ABAG or 21 Elements. We expect this monitoring effort to begin no later than two years after the Housing Element was due (early 2025). F6. Without effective ADU monitoring and verification, it will be impossible to evaluate whether the jurisdictions are meeting their RHNA-6 obligations for low-, very -low, and moderate -income housing units. The City partially agrees with this finding. As noted previously, the City of Burlingame includes 150 ADUs in its Housing Element towards fulfillment of the required 1,889 allocation of lower income units. Theoretically, the City of Burlingame can still fully meet its RHNA obligations for every affordability category without a low-income ADU being provided if multifamily developments provide more affordable units than projected. With the exception of ADUs, below market units in Burlingame are subject to annual monitoring through the City's housing management vendor. However, as stated above, Burlingame is planning to support a regional approach to monitoring ADU affordability. F7. ADU affordability and occupancy could be monitored by agencies such as HIP Housing which has proven systems and processes to verify occupancy of deed -restricted rental properties in San Mateo County. The City agrees with this finding. HIP is one potential partner agency. The following are the City of Burlingame's responses to the Grand Jury's recommendations: R1. San Mateo County and each City should immediately stop using ADUs to meet their State -mandated very low-, low-, and moderate -income housing targets in their Housing Element submissions until they have also proposed an effective monitoring system that verifies how newly developed ADUs will be used. n Register online with the City of Burlingame to receive regular City updates at www.burlingame.org/enews. The Honorable Nancy L. Fineman August 21, 2023 Paae 2 The recommendation will not be implemented because it is not warranted or is not reasonable. While Burlingame shares the Civil Grand Jury's goal to increase ADU affordability monitoring, it is not feasible to revise the City's Housing Element to eliminate the use of ADUs to meet affordable housing goals. The Housing Element was developed through a rigorous process of multiple years of public input and revisions. Burlingame has already submitted its second draft to HCD; and the draft follows HCD guidance on designating the affordability of ADUs. However, Burlingame is committed to following state housing law and to supporting the development of an effective regional ADU monitoring program that will be operated by 21 Elements or ABAG. Burlingame is also supporting the development of a new ADU nonprofit that will have programs to incentivize the production of affordable ADUs in San Mateo County. The City will have this monitoring program in place for future Housing Element cycles. R2. By February 1, 2024, San Mateo County and each City should develop, adopt, and implement a verification system capable of monitoring and verifying how newly developed ADUs are being used. Part of the recommendation has yet to be implemented but will be implemented in the future. However, part of the recommendation is not warranted. Burlingame agrees that it is important to have high quality information about who is living in ADUs. The City will participate in the ABAG or 21 Elements ADU monitoring system. The monitoring is projected to launch in January 2025 and will likely survey people about their plans for their ADU at the time permits are issued. Due to homeowner privacy concerns and the cost of engaging with thousands of homeowners every year, it would not be practical to have an ongoing verification system that checks the income of every resident of every ADU in the county. R3. By February 1, 2024, San Mateo County and each City should develop and adopt incentives for ADU owners which could be offered in exchange for deed restrictions that would include requirements for ADU tenants to participate in independent monitoring. This recommendation has yet to be implemented but will be implemented in the future. Burlingame agrees with the goal of adopting an affordable ADU program. The City is actively involved in the creation of an ADU nonprofit to serve San Mateo County jurisdictions, and 21 Elements, working on behalf of the City, has been researching best practices. The draft work plan for the nonprofit calls for it to offer programs to incentivize the production of affordable ADUs and support homeowners in constructing ADUs in exchange for agreeing to rent at affordable levels. The nonprofit is projected to launch in July 2024 and will be financially supported by San Mateo County jurisdictions as well as private philanthropy if possible. R4. By February 1, 2024, San Mateo County and each City should track the intended use of ADUs — rented or non -rented — during the permitting process and offer incentives in exchange for deed restrictions that require ADUs to be used as rentals. This recommendation has yet to be implemented but will be implemented in the future. As part of the monitoring program referenced in response to R2, Burlingame will track the intended use of ADUs. The City already offers streamlined permitting for ADUs and ADU low permit fees, so it is not clear what incentives would be effective beyond offering direct financial support, which can be considered. However, deed restrictions are likely to be a deterrent to ADU production, given owners' reluctance to place encumbrances on their properties. n Register online with the City of Burlingame to receive regular City updates at www.burlingame.org/enews. The Honorable Nancy L. Fineman August 21, 2023 Paae 2 R5. By April 1, 2024, San Mateo County and each City should develop and adopt a new ADU affordability distribution formula specific to each jurisdiction to the extent they are used for meeting the very low-, low-, and moderate -income housing requirements in their RHNA housing elements. The recommendation will not be implemented because it is not warranted or is not reasonable. While we agree with the importance of an accurate distribution formula, given the relatively small size of Burlingame, a more meaningful distribution formula can be attained by collecting data on ADUs constructed across all San Mateo County jurisdictions. Burlingame is supporting the creation of an ADU monitoring program through 21 Elements or ABAG that will collect data that can be used to revise the distribution formula based on actual observed income levels. ABAG provides guidance on an ADU affordability distribution formula based on a study prepared in 2021 by the Terner Center for Housing Innovation at the University of California at Berkeley. The study surveyed thousands of homeowners statewide with repeat mailings, and the data was aggregated to reduce the margin of error. There was no evidence in the data to suggest significant variation from city to city. The study's recommended affordability breakdown that a Bay Area jurisdiction can use for ADUs, which is noted as being conservative, is 30% very low, 30% low, 30% moderate, and 10% above moderate. The recommendations of 30/30/30/10 had a significant cushion built in to ensure cities did not accidentally underproduce the amount of housing needed. R6. San Mateo County and each City should consider working together to address Recommendations 2 and 3. This recommendation has been implemented. San Mateo County jurisdictions work collaboratively through 21 Elements to develop, adopt, and implement housing policies and programs in the county. San Mateo County jurisdictions are already working together to address recommendations 2 and 3. The Burlingame City Council approved this response letter at its public meeting on August 21, 2023. Sincerely, Michael Brownrigg Mayor c: Kevin Gardiner, Community Development Director n Register online with the City of Burlingame to receive regular City updates at www.burlingame.org/enews. Accessory Dwelling Units: Affordable Housing's Panacea or Prevarication? Release Date: June 12, 2023 2022-2023 San Mateo County Grand Jury "You can always count on Americans to do the right thing - after they've tried everything else." Winston Churchill "Every man must decide whether he will walk in the light of creative altruism or in the darkness of destructive selfishness." Martin Luther King, Jr. 2022-2023 San Mateo County Civil Grand Jury ISSUE Are some San Mateo County communities misusing Accessory Dwelling Units (ADUs) to avoid the construction of multifamily low-income housing over the next eight years? SUMMARY Anointed the "epicenter of America's housing dysfunction" by Harvard Business Review this year, the San Francisco Bay Area has faced an acute housing shortage at all levels for decades, especially for those who have the least. And it is no longer news that many of the workers that San Mateo County communities depend upon daily — first responders, teachers, nurses, city employees, gardeners, and housekeepers, to name just a few — cannot afford a decent place to live and raise their families close to their jobs. To address the issue, the State Legislature in 1969 passed the Housing Element Law, which says all California cities, towns, and counties, every eight years, must plan for the housing needs of all their residents regardless of income, which effectively requires development of affordable housing. Many changes and additions have been made to the law over the years, most recently eliminating zoning restrictions governing ADUs — small homes or apartments that share a single-family lot of a larger primary residence — and allowing communities to count them as affordable housing in their Regional Housing Needs Allocation (RHNA) plans. At issue: • Although their intentions have been good, the State has neglected to include any form of regulation to ensure low-income tenants ultimately use these ADUs as planned. • Because owners often rent their ADUs to family and friends, they can exacerbate patterns of segregation and exclusion.' • And perhaps most importantly — counting ADUs as affordable housing will likely result in cities issuing permits for fewer deed -restricted low-, very low-, and moderate -income apartments and homes. Without accountability through oversight and regulations, low-, very low-, and moderate -income housing now planned in some San Mateo County jurisdictions may end up existing solely on paper and never in operation. This problem is most acute in Atherton, Hillsborough, Portola Valley, and Woodside, where some residents are up in arms over the State -mandated housing requirements, and the city governments, trying to appease them, are proposing counting on ADUs to meet as much as 80 percent of their affordable housing targets. 1 Association of Bay Area Governments, "Final Regional Housing Needs Allocation (RHNA) Plan, San Francisco Bay Area, 2023-2031", accessed May 27, 2023, https://abag.ca.gov/sites/default/files/documents/2021- 12/Final RHNA Allocation Report 2023-2031-approved O.pdf 2022-2023 San Mateo County Civil Grand Jury 2 Assembly Bill 72 (2017) gives the California Department of Housing and Community Development (HCD) enforcement capability on local government's land use, planning, and zoning requirements. In the current RHNA-6 (2023-2031) planning cycle, HCD demands that San Mateo County jurisdictions monitor and verify ADU affordability every two years. However, HCD has not specified how to prove the ADUs are rented to very low-, low- or moderate -income households, leaving it to the communities to find a solution. So far, jurisdictions have yet to do so, even though local independent agencies such as HIP Housing have systems and services in place, which they use to verify affordability of deed -restricted affordable housing, and that could be adapted Countywide to monitor and verify ADUs' affordability and occupancy in a manner that adheres to fair housing guidelines. California needs to build 2.5 million homes by 2030 to meet current housing demands, according to the HCD. But the State averages only about 125,000 new homes annually — a shortfall by nearly two-thirds. ADUs can, indeed, provide affordable housing. And to many citizens of affluent communities, they are an appealing alternative to multi -family, deed -restricted affordable housing projects. However, just because the law makes it possible to count ADUs as affordable housing, it does not exempt cities and towns from credibly planning for badly needed affordable housing. BACKGROUND One of the State's long-standing priorities has been to increase the availability of affordable housing for all economic segments. HCD — the California Department of Housing and Community Development — focuses on making this happen by working with local jurisdictions to create rental and homeownership opportunities for all Californians, including individuals and families who are experiencing homelessness. Beginning in 1969, the State mandated that all California cities, towns, and counties must plan for the housing needs of all Californians, regardless of income. They meet this mandate by developing and updating a Housing Element, part of a local jurisdiction's General Plan, which shows where they will allow new housing and describes the policies and strategies necessary to support building new housing. The process of updating the Housing Element involves HCD working with various Councils of Governments (COG) to develop a RHNA plan that includes the Regional Housing Needs Determination (RHND), which assigns the number of housing units that each county and city are expected to facilitate being built in the subsequent eight years to accommodate projected growth. In the case of the Bay Area, this Council of Governments is the Association of Bay Area Governments (ABAG), which represents all nine Bay Area counties, including San Mateo County and its 20 cities and towns. Components that ABAG considers in determining each Bay Area county's and city's allocation of housing units include population, employment potential, proximity to transportation centers, open space, inclusivity, and diversification, all of which are becoming increasingly important to the State, according to ABAG reports. 2022-2023 San Mateo County Civil Grand Jury 3 Multiple bills in both houses of the State Legislature have been proposed over the years to change the process and increase the amount of State control over housing development. Particularly significant changes occurred during the 2017 legislative session when senators and assembly members proposed approximately 150 housing bills. That year the Governor ultimately signed a package of 15 bills related to funding for housing, streamlining development approvals, and increasing accountability for meeting the requirements of the Housing Element Law. These included bills that significantly changed the RHNA process, requiring additional outreach and reporting, modifying how to calculate the RHND to reflect unmet housing needs better, increasing the number of topics to be considered in the allocation methodology, and giving HCD, on behalf of the State, the ability to sue individual counties or cities for not meeting requirements. Updating the Housing Element every eight years is an iterative process involving HCD, the regional COGs, the State Department of Finance (DOF), and local jurisdictions. (See Appendix D.) But the ultimate authority for approval of the RHNA, the RHND, and the associated Housing Elements resides with HCD. The current approved RHNA plan developed by ABAG is known as RHNA-6, which spans 2023 to 2031. HCD requires each jurisdiction to submit its completed Housing Element for review and approval by a specific date. For RHNA-6, the due date for San Mateo County and its cities was January 31, 2023. Before the due date, the jurisdictions were able to send their draft Housing Elements to HCD for preliminary review and comments and make necessary modifications that HCD highlights. Any jurisdiction which fails to meet the deadline for submission of their completed Housing Element is subject to a potential "builders remedy" action that forces a city to allow building projects regardless of whether they meet most of the local zoning restrictions. Once Housing Elements are approved, HCD monitors the progress of approved RHNA plans by requiring each jurisdiction to report its building permit activities annually. If progress is below expectations, the jurisdiction must develop alternative strategies for review and approval by HCD. During the RHNA-5 (2015-2023) progress reviews submissions, cities began including ADUs as part of the overall housing inventory in their annual reports because State legislation (Government Code section 65852.150) that became effective in January 2017 stated that ADUs are a valuable form of housing in California, which also "provide housing for family members, students, the elderly, in -home health care providers, the disabled, and others, at below market prices within existing neighborhoods." Numerous Senate and Assembly bills were enacted in 2018 and 2020, requiring local jurisdictions to streamline and allow for ease of ADU production to increase housing for all income categories. With these encouragements, ADUs being deemed a viable housing option, and facing stringent RHNA-6 requirements of approximately three times more housing units than in the RHNA-5 cycle, a few affluent San Mateo cities have proposed using ADUs to satisfy most of their plans to meet the required number of housing units in the various income categories. "ADUs are not a panacea, but they're a good tool in the toolbox," said a planning consultant working for a San Mateo County city. "Most land on The Peninsula is single-family homes. ADUs are opening land that was not open before. But higher density housing near transit is better." 2022-2023 San Mateo County Civil Grand Jury 4 Added a city manager: "I think they (ADUs) are a piece of the solution, but not all of it. I think ADUs are an important way to provide opportunities for other things — where people want multigenerational living on - site, for caretakers, or other folks — they can reside in an ADU even if they're not paying rent." DISCUSSION While HCD-approved RHNA Housing Elements do not require the cities and counties to build affordable housing, the jurisdictions must adjust zoning ordinances, issue permits to allow construction of affordable housing, and initiate programs that incentivize such construction. However, as shown in Chart 1 below, significant portions of San Mateo County's affordable housing in RHNA-5 (2015-2023) plans did not materialize — most likely due to a lack of permit applications. With RHNA-5's significantly lower targets, the less -than -expected performance during the RHNA-5 cycle foreshadows the enormous challenge the County's cities and towns now face in meeting the RHNA-6 goals for the next eight years, which are approximately three times larger, as shown in Chart 2 below. RHNA-5 Affordable Housing Targets vs Permits 2W um Im ■ RHNA-5 ■ Permits 4W 2N 0 �& o ��A Qa c� a c�ycP o�`ma gtGl� t�0r `�`a® a��� ��@A �G c�\�a � ��GQ � ° � er Q P 00� Z O� y�Qa ��` ��� dam Baas°�� c�R a� �o Chart 1: RHNA-5 Affordable Housing Required vs. Permitted 2022-2023 San Mateo County Civil Grand Jury 5 Affordable Housing RHNA-5 vs RHNA-B 4500 4000 350d 3000 2500 2000 1500 1000 5410 0 po 4 $49, �e Ile� Chart 2: RHNA-5 Affordable Housing Allocations vs RHNA-6 Besides increasing affordable housing targets by nearly 300 percent, the State has made other significant changes in the ADU laws to address the current housing crunch. Law Year Impact AB671 2019 Through Housing Elements, HCD to promote ADUs for affordable rent AB670 2019 Any local covenants and restrictions on new housing are void AB587 2019 Deed -restricted sale of ADU is allowed separately from the main house AB 68 2019 Removes local restrictions on minimum size, requirement of owner occupancy, parking requirements for garage conversion, and any impact fee. AB 3182 2020 Permitting process within 60 days S139 2021 Facilitates lot split and allows more than1 ADU per property AB 345 2021 Allows owners to sell ADUs separately AB 2221 2023 Pre -specific time permit frame for approval of ADU applications SB 897 2023 Increases the ADU height limit to 18' and allows retro permitting of previous unauthorized ADUs. The net effect of these changes was to minimize municipal -level regulations on ADUs — such as parking requirements, property line setbacks, height limits, or the number of ADUs on one property — and make 2022-2023 San Mateo County Civil Grand Jury 6 ADUs an acceptable means to meet affordable housing obligations. Given these changes, namely high mandatory targets for affordable housing, enthusiastic support by the State of ADUs as affordable housing, and requiring zero land use rezoning for ADUs, nearly all San Mateo County cities and towns include ADUs in their RHNA-6 Housing Elements. The issue, however, is that for every ADU included in a Housing Element — regardless of whether the ADU is built and rented to very low-, low-, or moderate -income tenants — one verifiable, deed -restricted affordable housing unit will not be built in that jurisdiction by a developer. So, How Did We Get Here? California cities and counties can now use ADUs to help satisfy their RHNA requirements. But calculating how many ADUs to put into a Housing Element and how to distribute them into each income category, differ from other housing options. ABAG instructs San Mateo County jurisdictions that the standard method is first to estimate the number of ADUs that homeowners will build in a planning period, which is 2023 through 2031 for RHNA-6. In its technical memo "Using ADUs to Satisfy RHNA," ABAG advises members that the estimate should be based on the average number of ADU building permits issued each year, multiplied by eight, because there are eight years in a housing element cycle. "Most cities base their determination of annual ADU permits by averaging the building permits approved each year since 2019 when State law made it easier to construct the units," the technical memo explains: "There is a small amount of flexibility in the calculations," the memo continues. "If numbers were low in 2019 but were high in 2020, 2021, and 2022, a jurisdiction could potentially use 2020-2022 as the baseline. This rationale would be bolstered if there was a logical explanation for the change, e.g., the jurisdiction further loosened regulations in 2020. Projecting a higher number of ADUs than what has been demonstrated through permit approvals in recent years may be possible, but more challenging. A slightly larger number may be warranted if a robust, funded, and clear plan to increase production has been put in place. However, you are strongly encouraged to coordinate with HCD before deviating from the standard methodology." Once cities complete their estimate, they must distribute those units into each income category. To help its members, ABAG analyzed ADU affordability. Using data from a 2020 statewide survey of homeowners who had constructed ADUs in 2018 or 2019, ABAG concluded that the assumptions in the chart below are generally applicable in most jurisdictions. Many Bay Area jurisdictions chose to use these numbers instead of conducting their own affordability analysis. Percent Income Category 30% Very Low Income 30% Low Income 30% Moderate Income 10% Above Moderate 2022-2023 San Mateo County Civil Grand Jury 7 "UC Berkeley Terner Center did a statewide survey of ADU affordability, and they worked with ABAG to adjust it for the Bay Area specifically," said a San Mateo County planner. "So those (numbers) are based on surveys and data analysis of actual ADUs that have been produced, and the rents that are being offered to tenants. We are just accepting their analysis as is." San Mateo County jurisdictions have almost unanimously adopted ABAG's 30-30-30-10 formula. However, a 2021 report and recommendations for RHNA-6 prepared by ABAG's Housing Technical Assistance Team, titled "DRAFT Affordability of Accessory Dwelling Units," says that although ADUs are often affordable, jurisdictions should be cautious about relying on them too heavily because of fair housing concerns: "Many ADUs are affordable to lower and moderate -income households because they are rented to family and friends of the homeowners," the report states. "If minorities are underrepresented among homeowners, the families and potentially friends of the homeowners will be primarily white. Therefore, relying too heavily on ADUs could inadvertently exacerbate patterns of segregation and exclusion." The report also acknowledges that ADUs often do not serve large families, another critical fair housing concern. And while ADUs accomplish an essential fair housing goal by adding new homes in parts of the municipality that are more likely to be areas of opportunity, the report recommends that jurisdictions with fair housing concerns "may want to use more conservative assumptions based on open market rentals, excluding units made available to family and friends," as summarized below: Percent Income Category 5% Very Low Income 30% Low Income 50% Moderate Income 15% Above Moderate So far, 16 San Mateo County cities have chosen the 30-30-30-10 formula, implying there are no fair housing concerns in their jurisdictions. Only two cities — San Carlos and San Mateo — use ABAG's more conservative formula of 5-30-50-15 in their plans. One city — Belmont — used its own judgment.2 And one — Colma — does not use ADUs in their plans at all to meet State requirements. But in all cases, these statistical estimates may not reflect the actual usage of constructed ADUs. Determining that would require actual verification by each local jurisdiction. 2 City of Belmont, "General Housing Element Draft 2023-2031", p. 25, accessed May 27, 2023, https://www.belmont.gov/home/showpublisheddocument/21721/637968613354630000 2022-2023 San Mateo County Civil Grand Jury 8 ADUs planned in RHNA-6 (May 11, 2023) City Very Low Low Moderate Above Moderate Total ADUs Total RHNA-6 Requirement I Atherton 56 56 56 1112 280 348 Belmont 0 0 80 I 0 80 1785 Brisbane 12 12 12 I4 40 1588 Burlingame 50 50 50 117 167 3257 Colma - - - - 0 202 Daly City 151 151 151 50 503 4838 East Palo Alto 35 34 34 12 115 829 Foster City 7 7 7 13 24 1896 Hillsborough 84 84 84 128 280 554 Menlo Park 26 25 26 18 85 2946 Millbrae 34 34 33 111 112 2199 Pacifica 56 56 56 19 187 1892 Portola Valley 28 28 28 8 92 253 Redwood City 152 152 152 50 506 4588 San Bruno 72 72 72 24 240 3165 San Carlos 10 61 102 30 203 2735 San Mateo 22 132 220 66 440 7015 South San Francisco 113 113 113 38 377 3956 I Unincorporated San Mateo 107 107 107 36 357 2833 I Woodside 36 36 36 12 120 328 (This table includes all San Mateo County jurisdictions that have submitted Housing Element plans to HCD for review. As of June 1, 2023, Half Moon Bay and Daly City have not submitted RHNA-6 plans for HCD review.) Accordingly, if HCD approves cities and towns' current Housing Elements, San Mateo County may end up with many affordable housing units that exist only on paper because they are counted as affordable units by the State but never made available or occupied by people who need affordable housing: TMR (below market rate) unit displacement is a legitimate issue," said a city planning consultant. "RHNA looks at (the number of) units, not the number of people being housed. For the State, they're all counted the same — an ADU or three -bedroom apartment, five vs. one or two people. In the eyes of the State, they're all the same." 2022-2023 San Mateo County Civil Grand Jury 9 Finally, the cities and towns relying primarily on ADUs to meet their RHNA-6 housing targets do not meet the overall objectives required by HCD and RHNA of: • Increasing the housing supply and mix of housing types, tenure, and affordability • Promoting infill development and socioeconomic equity, protecting environmental and agricultural resources, and encouraging efficient development patterns • Promoting an improved intraregional relationship between jobs and housing • Balancing disproportionate household income distributions • Affirmatively furthering fair housing Housing and Community Development Pushes Back Four San Mateo County municipalities — Atherton, Hillsborough, Portola Valley, and Woodside — rely heavily on ADUs to meet low-income housing requirements in their RHNA-6 Housing Elements. ADUs as Percent of RHNA6 Affordable Housing 90% 80% 70% 60% 50% 40% 30% 20% 0 /o �Q� Paoo5 `� �ooo� �ov°a° � a° 5°°°°G�a°°e�J°GG G° \Aa°�°��aG �G o 0 0 o y\ao F \)o Qo� 5 May 17, 2023 While HCD does not single out those four cities for their heavy reliance on ADUs to meet their affordable housing needs, throughout the process of submission and review of draft RHNA-6 plans, HCD consistently instructed San Mateo County cities and towns that they must monitor and verify ADU production and affordability at least every two years but has not specified an acceptable process for verifying the affordability level of ADUs as planned. Should San Mateo County and its cities seek outside help on this issue, there are a handful of independent non-profit agencies and for -profit real estate management companies operating today in the Bay Area that have established systems and processes for monitoring and verifying rented occupied housing for continued affordability and adherence to fair housing guidelines while maintaining tenant and owner privacy — which was an issue continually raised by City Managers and other officials during Grand Jury interviews. 2022-2023 San Mateo County Civil Grand Jury 10 ADU Affordability Monitoring Emphasized in HCD Review Letters to Jurisdictions Atherton (4-4-23) Program 3.812 (New Construction of Affordable Accessory Dwelling Units): While the element was revised to include timing of each action, it is unclear how affordability will be established. The program should be revised to clarify actions to establish and track affordability. East Palo Alto (4-25-23) Accessory Dwelling Units (ADU): As noted in the prior review, the element should include a program that commits to frequent monitoring (every other year) for production and affordability, and specific commitment to adopt alternative measures such as rezoning or amending the element within a specific time (e.g., six months) as needed. Foster City (4-24-23) Program H-D-4-h (ADU Monitoring): While the program commits to evaluating alternative actions by the end of 2026, it must commit to specific alternative actions and monitor production and affordability of ADUs more than once in the planning period (e.g., every two years). Hillsborough (1-10-23 This analysis should specifically address whether the ADU strategy to accommodate lower -income households contributes to continued exclusion and disparities in access to opportunity and how the strategy promotes housing choice for a variety of households including lower -income households, and large families. To support assumptions for ADUs in the planning period, the element should reduce the number of ADUs assumed per year and reconcile trends with HCD records, including additional information such as more recent permitted units and inquiries, resources and incentives, other relevant factors, and modify policies and programs as appropriate. Further, programs should commit to additional incentives and strategies, frequent monitoring (every other year), and specific commitment to adopt alternative measures such as rezoning or amending the element within a specific time (e.g., six months) if ADU production assumptions are not being achieved. Millbrae (1-24-23) Accessory Dwelling Units (ADU): To support assumptions for ADUs in the planning period, programs should commit to additional incentives and strategies, frequent monitoring (every other year) of production and affordability and specific commitment to adopt alternative measures such as rezoning or amending the element within a specific time (e.g., 6 months) if needed. Depending on the analysis, the element must commit to monitor ADU production and affordability throughout the planning period and implement additional actions if not meeting target numbers within a specified time period (e.g., within six months). Redwood City (7-8-22) Programs must be expanded to include incentives to promote the creation and affordability of Accessory Dwelling Units (ADUs). Examples include exploring and pursuing funding, modifying development standards and reducing fees beyond State law, increasing awareness, pre -approved plans and homeowner/applicant assistance tools. In addition, given the city's assumptions for ADUs, the element should include a program to monitor permitted ADUs and affordability every other year and take appropriate action such as adjusting assumptions or rezoning within a specified time period (e.g., 6 months). San Bruno (3-29-23) Accessory Dwelling Units (ADU): While the element revised the ADU assumptions, Program 4-P must be revised to commit to additional incentives and strategies, frequent monitoring (every other year) and specific commitment to adopt alternative measures such as rezoning or amending the element within a specific time (e.g., 6 months) if needed. The element must also address affordability assumptions for ADU projections. San Mateo (3-27-23) Accessory Dwelling Units (ADU): Program 1.4 must commit to also monitoring affordability of the ADU units that are permitted as well as provide additional incentives or identify additional sites if production and affordability assumptions are not met. County of San Mateo (4-20-23) Accessory Dwelling Units (ADU): Further, programs should commit to additional incentives and strategies, frequent monitoring for production and affordability (every other year) and specific commitment to adopt alternative measures such as rezoning or amending the element within a specific time (e.g., 6 months) if needed. The element must also address affordability assumptions for ADU projections, by clarifying what ABAG assumptions are utilized. South San Francisco (3-30-23) The element should include a commitment to reconcile trends with reported units within the Cities submitted annual progress report. Further, as Stated in the previous review, programs should commit to additional incentives and strategies, freauent monitoring (every other year) and specific commitment to adopt alternative measures such as rezoning or amending the element within a specific time (e.g., six months) if number and affordability assumptions are not met. Woodside (10-14-22) Depending on the analysis, the element must commit to monitor ADU production and affordability throughout the planning period and implement additional actions if not meeting target numbers within a specified time period (e.g., within six months). 2022-2023 San Mateo County Civil Grand Jury 11 In their HCD approved housing plans, Brisbane and Redwood City aren't definitive about how they will monitor ADU affordability but imply they will use surveys to comply with HCD instructions. Redwood City plans to collect ADU rental data during its permitting process. And Brisbane says, if available, it will participate in a regional forgivable ADU construction loan program in exchange for limiting rentals of the ADUs to extremely low-income households for 15 years. Brisbane said it is also exploring a possible city forgivable loan program if the regional program doesn't materialize. "We can't force people to report to us or to be honest with us," said one jurisdiction's planner. Another city's chief planner concluded that a deed restriction — any limitation on a property that affects the ability of the property owner to utilize the property as they wish, such as a requirement to verify a tenant's income and rent charged — "is the best way to (enforce) affordability." Alternatively, one city planning official suggested the formation of a Countywide nonprofit to income -qualify and match renters to available ADUs, thereby monitoring and enforcing affordability because the smaller towns and cities don't have the resources to perform that function on their own. Finally, a fourth city planner offered an alternative view: "We're not a city hiding behind ADUs. ABAG gave us a formula. We plopped it in. If the State said you can't count ADUs at all, that would be fine." A Long, Long Way to Go The Superior Court of California requires all San Mateo County Civil Grand Jury investigation reports to be completed and published by June 30 annually. And although the law required San Mateo County cities and towns to submit their housing plans by January 31, 2023, as of June 1, Daly City has yet to adopt and submit a draft plan to HCD for review and approval. Meanwhile, plans from Foster City, Half Moon Bay, Millbrae and Pacifica are now under HCD review. So far, HCD has reviewed and rejected plans from 14 jurisdictions: Atherton, Belmont, Burlingame, Colma, East Palo Alto, Hillsborough, Menlo Park, Portola Valley, San Bruno, San Carlos, San Mateo, South San Francisco, Woodside, and San Mateo County, which is responsible for unincorporated areas. As of the publication of this report, only Redwood City and Brisbane had completed the process and received the green light from HCD to proceed. One reason cited for the delay is most San Mateo County cities and towns don't have a large enough staff to manage the workload that RHNA planning represents, so they outsource. And many could not find timely help because the consultants were busy preparing RHNA-6 plans for Southern California cities, which were due before San Mateo County municipalities. That caused many communities here to fall behind and are now out of compliance with the timing of their Housing Element submissions. These delays, coupled with citizen objections to multifamily housing in their communities, almost guarantee RHNA-6 disputes will end up in the courts and remain unresolved for many years to come and postpone the building of sorely needed affordable housing indefinitely. 2022-2023 San Mateo County Civil Grand Jury 12 FINDINGS F1. Due to recent changes in California ADU-related laws, local governments cannot condition ADU permits in San Mateo County on complying with affordability monitoring and verification. F2. San Mateo County and most of its municipalities rely on ADUs to meet their affordable housing commitments in their RHNA-6 plans. F3. Atherton, Hillsborough, Portola Valley, and Woodside rely on ADUs to meet as much as 80 percent of their affordable housing commitments in their RHNA-6 plans. F4. HCD has instructed San Mateo County jurisdictions to monitor and verify future ADU production and affordability every two years but has yet to specify how to verify whether very low-, low- or moderate -income households are occupying the ADUs as planned. F5. Other than Brisbane and Redwood City, San Mateo County and its jurisdictions have yet to articulate how they will monitor and verify ADU production or affordability. F6. Without effective ADU monitoring and verification, it will be impossible to evaluate whether the jurisdictions are meeting their RHNA-6 obligations for low-, very -low, and moderate -income housing units. F7. ADU affordability and occupancy could be monitored by agencies such as HIP Housing which has proven systems and processes to verify occupancy of deed -restricted rental properties in San Mateo County. RECOMMENDATIONS R1. San Mateo County and each City should immediately stop using ADUs to meet their State - mandated very low-, low-, and moderate -income housing targets in their Housing Element submissions until they have also proposed an effective monitoring system that verifies how newly developed ADU's will be used. R2. By February 1, 2024, San Mateo County and each City should develop, adopt, and implement a verification system capable of monitoring and verifying how newly developed ADU's are being used. R3. By February 1, 2024, San Mateo County and each City should develop and adopt incentives for ADU owners which could be offered in exchange for deed restrictions that would include requirements for ADU tenants to participate in independent monitoring. R4. By February 1, 2024, San Mateo County and each City should track the intended use of ADUs — rented or non -rented — during the permitting process and offer incentives in exchange for deed restrictions that require ADUs to be used as rentals. R5. By April 1, 2024, San Mateo County and each City should develop and adopt a new ADU affordability distribution formula specific to each jurisdiction to the extent they are used for meeting the very low-, low-, and moderate -income housing requirements in their RHNA housing elements. R6. San Mateo County and each City should consider working together to address Recommendations 2 and 3. 2022-2023 San Mateo County Civil Grand Jury 13 REQUEST FOR RESPONSES Pursuant to Penal Code Section 933.05, the Civil Grand Jury requests responses from San Mateo County and all 20 cities' governing bodies for each and every Finding and Recommendation. The governing bodies should be aware that their comments or responses must be conducted subject to the Brown Act's notice, agenda, and open meeting requirements. RESPONSE REQUIREMENTS California Penal Code Section 933.05 provides: For purposes of subdivision of Section 933, as to each Grand Jury finding, the responding person or entity shall report one of the following: (1) The respondent agrees with the finding. (2) The respondent disagrees wholly or partially with the finding; in which case the response shall specify the portion of the disputed finding and shall include an explanation of the reasons. For purposes of subdivision of Section 933, as to each Grand Jury recommendation, the responding person or entity shall report one of the following actions: (1) The recommendation has been implemented, with a summary regarding the implemented action. (2) The recommendation has yet to be implemented but will be implemented in the future, with a timeframe for implementation. (3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This time frame shall be at most six months from the Grand Jury report's publication date. (4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefore. METHODOLOGY The San Mateo County Civil Grand Jury used numerous approaches to develop this report. • Preliminary Research The Grand Jury studied RHNA-5 historical information and RHNA-6 Housing Elements submitted to HCD by the cities and towns in San Mateo County as they became available. Before conducting in-depth research, the Grand Jury studied ABAG's reports on RHNA-6 housing allocations, introducing numerous issues and a means to understand how jurisdictions establish housing allocations. Additionally, the Grand Jury reviewed a 2021 ABAG report on ADU affordability for RHNA-6 and RHNA-5 annual progress reports to understand history. 2022-2023 San Mateo County Civil Grand Jury 14 The Grand Jury also reviewed a report on ADUs titled "A Solution on the Ground: Assessing the Feasibility of Second Units in Unincorporated San Mateo County, Implementing the Backyard Revolution: Perspectives of California's ADU Owners," April 22, 2021, Karen Chapple, Dori Ganetsos, Emmanuel Lopez, UC Berkeley Center for Community Innovation. An additional resource for Preliminary Research has been the press. Particularly following the January 31, 2023 deadline for RHNA-6 submissions, nearly 60 articles provided insights and analysis the Grand Jury could not find elsewhere. For a complete list of sources, see the Bibliography below. Survey After conducting its Preliminary Research, the Grand Jury sent an eight -question survey in October 2022 to the city managers of the 20 San Mateo County cities and towns and the San Mateo County planning and building department responsible for the County's unincorporated areas. See Appendix A for survey results. • Interviews Much of the time spent by the Grand Jury on this investigation was in more than 30 interviews with 21 city managers and planning managers, five heads of nonprofit housing entities in San Mateo County, and executives at ABAG, HCD, and several other government bodies. • Continued Research Because RHNA-6 submissions and HCD replies are ongoing, the Grand Jury has continued to monitor the status of RHNA-6 submissions and HCD responses. This report reflects submissions received prior to the report's due date of June 30, 2023. [ejj@b'j•'f_1:YA Accessory Dwelling Units (ADUs) An accessory dwelling unit (ADU) is a legal and regulatory term for a secondary house or apartment that shares the building lot of a larger primary home. The unit is often used to provide additional income through rent or to house a family member. For example, an elderly parent could live in a small unit and avoid having to move to an assisted living facility. (Source: Investopedia) Affordable Housing: Very Low Income; Low Income; Moderate Income; Above Moderate Income Affordable housing is generally defined as housing on which the occupant is paying no more than 30 percent of gross income for housing costs, including utilities. (Source: www.hud.gov) 2022-2023 San Mateo County Civil Grand Jury 15 Income Catenory Definitionri A a6ply Law 0 — 15% of area median income EArmely Low 115% - 30% oI area median income Very Lrnv 3096,W% of area median income LnWar¢ 306/—W% of area median income hlvderale 80°�120% oI area median inwme um Br o arsons 9F duse o Maximum Income Income CffWaory 1 2 3 4 5 EMOMW ow Ve Lnw $63,sw $73.100 582,250 $91,350 598,700 aw ncome Touz Median hwme $104.700 $119,700 $134,6w $140,6W $161I.W Modanais Income $125,650, $143,600 161 550 $179,5W $193.W Association of Bay Area Governments (ABAG) The Association of Bay Area Governments (ABAG) is the Council of Governments (COG) for the nine - county Bay Area. One of California's earliest COGs, ABAG was founded to protect regional assets from State control. ABAG continues to serve the Bay Area by providing a regional venue for collaboration and problem -solving. ABAG's work program includes management over key regional assets, such as the San Francisco Estuary and the Bay Trail Project. It also offers a variety of cost-effective member services programs such as Pooled Liability Assurance Network (PLAN) Corporation (offering affordable liability, property insurance, claims management, risk management, and bond coverage to 30 municipalities) and financial services (offering tax-exempt capital financing for the acquisition, construction, and rehabilitation of affordable multifamily housing, health care facilities, schools, and other community facilities). ABAG POWER Natural Gas Pool conducts pooled purchasing of natural gas on behalf of 38 local governments and special districts. ABAG is also the COG that allocates the regional housing needs assessment (RHNA). (Source: CALCOG Below Market Rate (BMR) A BMR unit is a housing unit that is priced to be affordable to households that are of moderate income or below. These housing units are often built by local government, nonprofits, or as a requirement of the developer (Inclusionary Affordable Housing Ordinance). As a result, these homes have certain deed restrictions recorded on the property, ensuring the home remains affordable for future generations. (Source: County of San Mateo) California Department of Finance (DOF) The California Department of Finance is a state cabinet -level agency within the government of California. The Department of Finance is responsible for preparing, explaining, and administering the state's annual financial plan, which the Governor of California is required under the California Constitution to present by January 10 of each year to the public. The Department of Finance's other duties include analyzing the budgets of proposed laws in the California State Legislature, creating, and monitoring current and future economic forecasts of the state, estimating population demographics and enrollment projections, and maintaining the state's accounting and financial reporting systems. California Department of Housing and Community Development (HCD) The California Department of Housing and Community Development (HCD) develops housing policy and building codes (i.e., the California Building Standards Code), regulates manufactured homes and mobile home parks, and administers housing finance, economic development, and community development programs. (Source: https://www.hcd.ca.gov/about-hcd) 2022-2023 San Mateo County Civil Grand Jury 16 Council of Governments (COG) Councils of Governments (COGs) are voluntary associations representing member local governments, mainly cities, and counties, that seek to provide cooperative planning, coordination, and technical assistance on issues of mutual concern that cross jurisdictional lines. (Source: WRCOG Deed Restrictions A deed restriction is a term widely used in real estate to refer to any limitation on a property that limits the ability of the property owner to utilize the property as they wish. (Source: CA Realty Training) General Plan State law requires every city and county in California to prepare a General Plan for its future growth and development. A General Plan covers land use, transportation, housing, open space, natural resources, and public services. Local General Plans have been mandatory in California since the 1950s. State law also requires the cities and counties to periodically update their General Plans in response to changing conditions. Each General Plan includes maps expressing the community's vision of how and where it will grow and change. The General Plan typically has a time horizon of about 20 years. Once a General Plan is adopted, it is used by the City Council, local commissions, and City Staff as they make day-to-day decisions about the community's future. (Source: City of San Rafael) Housing Element Since 1969, California has required that all local governments (cities and counties) adequately plan to meet the housing needs of everyone in the community. California's local governments meet this requirement by adopting housing plans as part of their General Plan (also required by the State). General Plans serve as the local government's blueprint for how the city or county will grow and develop and include eight elements: land use, transportation, conservation, noise, open space, safety, environmental justice, and housing. California's Housing Element Law acknowledges that, for the private market to address Californians' housing needs and demand, local governments must adopt plans and regulatory systems that provide opportunities for (and do not unduly constrain) housing development. As a result, housing policy in California rests mainly on the effective implementation of local General Plans and, in particular, local Housing Elements. (Source: California Department of Housing and Community Development) Jurisdiction (city, town, or county) 1: the power, right, or authority to interpret and apply the law; a matter that falls within the court's jurisdiction 2: a: the authority of a sovereign power to govern or legislate b: the power or right to exercise authority: CONTROL 3: the limits or territory within which authority may be exercised (Source: Merriam -Webster) Regional Housing Needs Allocation (RHNA) Every eight years, ABAG develops the Regional Housing Needs Allocation (RHNA) plan approved by HCD and used to assign each city and county in the Bay Area their fair share of new housing units to build. These housing units are intended to accommodate existing needs and projected growth in the region. The RHNA process is critical because it requires all cities and counties to plan for the region's housing needs, regardless of income, to prepare for future growth and ease the California's acute housing crisis. (Source: ABAG 2022-2023 San Mateo County Civil Grand Jury 17 Regional Housing Needs Determination (RHND) The California Department of Housing and Community Development (HCD) identifies the total number of homes each region in California must plan to meet the housing needs of people at all income levels. They base the number on population projections produced by the California Department of Finance and adjustments incorporating the region's current housing needs. The jurisdictions separate the total number of housing units from HCD into four income categories that cover everything from housing for very low- income households to market -rate housing. ABAG is responsible for developing a methodology to allocate a portion of this housing need to every local government in the Bay Area. (Source: ABAG) BIBLIOGRAPHY Government Agencies • Department of Housing and Urban Development Office of Policy Development and Research. "U.S Accessory Dwelling Units: Case Study". https://www.huduser.gov/portal/publications/adu.pdf. June 2008 • U.S. Department of Housing and Urban Development. "Glossary of Terms to Affordable Housing". https://archives.hud.gov/local/nv/goodstories/2006-04-06glos.cfm. August 18, 2011 • Department of Housing and Community Development Division of Housing Policy. "ADU Law Amendments Memorandum". https://www.hcd.ca.gov/community-development/housing- element/housing-element-memos/docs/Accessory-Dwelling-Unit-Legislation.pdf. May 29, 2018 • California Legislative Information. `Assembly Bill No. 68". https://Ieginfo.legislature.ca.gov/faces/bilINavClient.xhtmI?bill id=201920200AB68.2019-2020 • OpenStates. "California Senate Bill SB 13". https://openStates.org/ca/biIIs/20192020/SB13/. 2019- 2020 • 21 Elements. "Second Units and Junior Second Units". http://www.21 elements.com/second-units. 2020 • Department of Housing and Community Development Division of Housing Policy. "Local Agency Accessory Dwelling Units, Memorandum". https://www.hcd.ca.gov/community-development/housing- element/docs/ADU TA Memo Final 01-10-20.pdf. January 10, 2020 • Department of Housing and Community Development Division of Housing Policy. "Final Regional Housing Need Determination". https://www.hcd.ca.gov/community-development/housing- element/docs/ABAGRHNA-Fina1060920(r).Pdf. June 9, 2020 • Association of Bay Area Governments. "Housing Element Law. Changes from 1969 to the Present". https://abag.ca.gov/sites/default/files/rhna background.pdf. August 1, 2020 • California Legislative Information. `Assembly Bill No. 3182". https://Ieginfo.legislature.ca.gov/faces/bilINavClient.xhtmI?bill id=201920200AB3182. September 28, 2020 2022-2023 San Mateo County Civil Grand Jury 18 • Southern California Association of Governments. "SCAG Regional Accessory Dwelling Unit Affordability Analysis". https://scag.ca.gov/sites/main/files/file- attachments/adu affordability analysis 120120v2.pdf?1606868527. December 1, 2020 • Association of Bay Area Governments. "DRAFT Affordability of Accessory Dwelling Units" httD://21 elements.com/documents-mainmenu-3/housina-elements/rhna-6-2022-2030/1327-draft-adu- affordability-report-sep-8-2021-1/file. September 8, 2021 • California Legislative Information. `Assembly Bill No. 345". https://Ieginfo.legislature.ca.gov/faces/bilINavClient.xhtmI?bill id=202120220AB345. September 28, 2021 • Association of Bay Area Governments. "Using ADUs to Satisfy RHNA" https://abag.ca.gov/technical- assistance/using-adus-satisfy-rhna. March 10, 2022 • Auditor of the State of California. "Regional Housing Needs Assessments" https://www.auditor.ca.gov/pdfs/reports/2021-125.pdf. March 17, 2022 • California Department of Housing and Community Development. `Accessory Dwelling Unit Handbook". https://www.hcd.ca.gov/sites/default/files/2022-07/ADUHandbookUpdate.pdf. July 2022 • Association of Bay Area Governments. "Final Regional Housing Needs Allocation (RHNA) Plan: San Francisco Bay Area, 2023-2031". https://abag.ca.gov/sites/default/files/documents/2022- 12/Final%20RHNA%20Methodology%20Report%202023-2031 update 11-22.0 November 2022 • State of California Department of Justice. `Attorney General Bonta Puts city of Huntington Beach on Notice That Its Proposed Ordinance Violates State Housing Law". https:Hoag.ca.gov/news/press- releases/attorney-general-bonta-puts-city-huntington-beach-notice-its-proposed-ordinance. February 13, 2023 • Department of Housing and Community Development Division of Housing Policy Development. `RE: Town of Atherton's 6th Cycle (2023-2031) Adopted Housing Element". https://www.dropbox:com/home/Grand%20Jury%202022%20-%202023/Committees/ADUs/ADU%20- %20research%20materials/Housing%20Elements/Pending?preview=Atherton HCD Letter40423.pdf. April 4, 2023 Grand Jury Reports San Mateo County Civil Grand Jury. "Second Units: Adding New Housing In The Neighborhood". https://www.sanmateocourt.org/documents/grand iury/2019/second units.pdf.2019-2020 Independent Agencies UC Berkeley. A Solution on the Ground: Assessing the Feasibility of Second Units in Unincorporated San Mateo County". https://smcrecoverV.org/wp-content/uploads/2021/08/UC-Report-on-ADU- feasability.pdf. January 2017 • Ramsey-Musolf, Darrel. `Accessory Dwelling Units as Low -Income Housing: California's Faustian Bargain". https://www.mdpi.com/2413-8851/2/3/89. September 18, 2018 2022-2023 San Mateo County Civil Grand Jury 19 • AARP. "The ABCs ofADUs" https://www.hcd.ca.gov/policy-research/docs/adu-quide-web- singles.pdf. 2019 • California YIMBY (Yes in My Back Yard). AB 881". https://cayimby.org/ab-881/. October 9, 2019 • Center of Community Innovation. "The ADU Scorecard: Grading ADU Ordinances in California". https://www.aducalifornia.org/wp-content/uploads/2020/02/ADU-Scorecard-Interim Report-200201- 1.pdf. February 1, 2020 • UC Berkeley Center for Community Innovation. "Implementing the Backyard Revolution: Perspectives of California's ADU Owners". https://www.aducalifornia.org/wp- content/uploads/2021/04/Implementing-the-Backyard-Revolution.pdf. April 22, 2021 • Terner Center for Housing Innovation, UC Berkely. "First Ever Statewide ADU Owner Survey Shows Growth, Room for Improvement". https://ternercenter.berkeley.edu/bIog/cci-adu-survey/. April 22, 2021 • University of California, Berkeley. "California ADU". https://www.aducalifornia.org/. August 16, 2021 • Colburn, Gregg. Aldern, Clayton. "Homelessness is a Housing Problem". https://homelessnesshousinqproblem.com/. 2021-2022 • Sumner, Scott. "California housing prices and homelessness" https://www.econlib.org/california- housing-prices-and-homelessness/. May 23, 2022 • Williams, Paul. "Carving out a Path for Public Developers". https://housinqchronicle.substack.com/p/carving-out-a-path-for-public-developers. July 14, 2022 • Terner Center for Housing Innovation, UC Berkeley. ADUs for All: Breaking Down Barriers to Racial and Economic Equity in Accessory Dwelling Unit Construction". https://ternercenter.berkeley.edu/research-and-policy/adu-equity-barriers/. August 4, 2022 • Bertolet, Dan. "Washington Bill Would Boost In -Law Apartments Throughout the State': https://www.sightline.org/2023/01/21 /washington-bill-would-boost-in-law-apartments-throughout-the- State/. January21, 2021 • Ohanian, Lee. "California's Failed Soviet -Style Housing Mandates Should End Now': https://www. hoover.org/research/californias-failed-soviet-style-housing-mandates-should-end-now. February 7, 2023 • Hamilton, Emily. "Learning from Houston's Townhouse Reforms". https://www.mercatus.org/research/policy-briefs/learning-houstons-townhouse-reforms. April 11, 2023 2022-2023 San Mateo County Civil Grand Jury 20 APPENDICES • A: Survey Results • B: Timeline of Important Legislative Events • C: ADUs: An American Tradition • D: Housing Elements Are an Iterative Process 2022-2023 San Mateo County Civil Grand Jury 21 Lltp/To Mena�z. 299d Survey responses APPENDIX A Survey Results Who responded to the survey inner 57% 1. Did your city/town include ADUs in its Regional Housing Needs Allocation 5 (RHNA5) Housing Element plan? 21 responses Yes in 15 (71.4%) No P=6 (28.6%) 0 5 10 15 2022-2023 San Mateo County Civil Grand Jury 22 IA. If response was yes (indicate n/a if no): a. How many were planned? 21 responses 4 3 (14.3%) 3 2 (9.5%) 2 1 (4.8%)1 (4.8%)1 (4.8%)1 (4.8%)1 (4.8%) 1 (4.8%)1 (4.8%!l (4.8%j1 (4.8%jl (4.8%j1 (4.$%j1 (4.8%} 1 0 13 per acre 24 56 98 over the 7 year cycle 7 42 92 n/a b. How many were permitted? 21 responses 2 2 (y'S%) 1(4.I81,;(4.$�1,;(4.8`7i(4.8�1,;(4.8`,1 ;(4.8�b;(4.S'L;(4.$`l;(4.8`,1,;(4.8�1,;(4.$�10:(4.8`,1t;(4.8`1i(4.8',1 ;(4.81,1 ;(4.81b;(4.8`h;(4.8%) 1(4.8 1 0 11 54 115 192 62through 10-14-22 36 91 137 262 n/a 2022-2023 San Mateo County Civil Grand Jury 23 c. How many were built and completed? 21 responses 2 2 ( _5%) 1(4.8;1,;(4.8;1,;(4.8`1;(4.81,;(4.81,;(4.8;1,;(4.81,;(4.81,(4.8;1,;(4.8;1,;{4.$;1,;(4.8`l,;(4.8`l;I I (4.8`,1,;(4.8;1,;(4.8;1,;(4.8`,L(4.B%) 1 {4.8% 1 0 120 (finalled, all oth... 25 55 completed, some... 115 91 to date 11 48 69 167 nla 2. Were any of your city/town's RHNA5 ADUs designated to provide low, very low, and moderate income housing? 21 responses Yes 12 (57.1%) No 9 (42.9%) 5.0 7.5 10.0 12.5 2022-2023 San Mateo County Civil Grand Jury 24 3. Is your city/town counting ADUs in RHNA6 Housing Element towards partial fulfillment of RHNA5 housing needs? 21 responses Yes 7 (33.3%) No 15 (71.4%) 5 10 15 3A. If response was yes (indicate n/a if no): a. How many ADUs for very low-income housing? 21 responses 15 10 5 0 1 (4,8%) 1 (4.8%) 1 (4.8%) 1 (4.8%) 1 (4.8%) 1 6 113 Final determination has no... This has not been determi... 34 156 N/A n/a 2022-2023 San Mateo County Civil Grand Jury 25 b. How many ADUs for low-income housing? 21 responses 15 10 5 1 (4.8%) 1 (4.8%) 1 (4.8%) 1 (4.8%) 1 (4.8%) 1 (4.8%) 2 (9.5%) 1 (4.8%) D 2 34 156 N/A n/a 29 113 Final determination ha... This has not been Bete... c. How many ADUs for moderate -income housing? 21 responses 15 10 5 0 1 (4.8%) 1 (4.8%) 1 (4.8%) 1 (4.8%) 1 (4.8%) 1 (4.8%) 2 (9.5%)� 1 (4 2 33 156 N/A n/a 9 113 Final determination ha... This has not been dete... 2022-2023 San Mateo County Civil Grand Jury 26 4. Does your city/town collect race and income data on who is renting or occupying ADUs in your city/town? 21 responses Yes 0 (0%) No 21 (100%) 5 10 15 20 25 4A. If response was yes, when did you start collecting such data? (indicate n/a if no) 21 responses 15 10 5 0 N/A n/a n!a currently, will collect with RHNA 6 2022-2023 San Mateo County Civil Grand Jury 27 5. Does your city/town collect data on the range of the rents charged today for ADUs in your city/town? 21 responses Yes 0 2 (9.5%) No 19 (90.5%) 5 10 15 20 5A. If response was yes, does the data include details such as in -lieu services provided by the renter to the owner (i.e., landscaping, housekeeping, childcare services)? 21 responses Yes No Not Applicable 0 5 10 15 8 (85.7%) 20 2022-2023 San Mateo County Civil Grand Jury 28 6. Are there any regulations or oversight systems in place in your city/town to monitor the status of very low-, low-, and moderate -income affordable ADUs? 21 responses Yes 0 3 (14.3%) No 18 (85.7%) 5 10 15 20 6A. If yes, does your city/town have regulations or oversight systems in place to monitor usage for ADUs over time, especially for ADUs in homes that are sold or remodeled or rebuilt? 21 responses Yes No Not Applicable 7 (81 %) 0 5 10 15 20 2022-2023 San Mateo County Civil Grand Jury 29 7. Does your city/town have long-term covenants for ADUs like those that regulate conventional low and very low-income housing units (e.g., tax -credits, voucher subsidized, or other)? 21 responses Yes 0 2 (9.5%) No 19 (90.5%) 5 10 15 20 8. Does your city/town plan to include ADUs in its RHNAb Housing Element submission? 21 responses Yes No 1 (100%) 0 5 10 15 20 25 2022-2023 San Mateo County Civil Grand Jury 30 8A. If yes, will any of those ADUs be designated for very -low, low and moderate income, as defined by the U.S. Housing and Urban Development? 21 responses Yes 18 (85.7%) No 3 (14.3%) Not Applicable 0 (0%) 0 5 10 15 20 2022-2023 San Mateo County Civil Grand Jury 31 APPENDIX B Timeline of Important Legislative Events 1. 1970 — the Legislature directed HCD to develop guidelines for housing element preparation on one and five year cycles. SB 1489 (Moscone), emphasized housing need, passed in 1971, and ABX 1 of 1971 established more standards. The California Housing Finance Agency (CaIHFA), which also assisted communities in providing affordable housing, was created in 1975. The legislation authorized HCD to review local housing elements for conformity to its guidelines. 2. 1976 — Fair -share was added to the guidelines by HCD. The COGs are now given the responsibility by HCD to distribute shares of low-income and moderate -income housing. The local housing element had to include these income requirements — whether or not communities wanted them. HCD also was given responsibility to review local housing elements. Statewide hearings in 1977 brought out a number of positions on housing elements and HCD requirements. 3. Mid 1980's — AB 2853 (Roos), provided for faster permit processing and higher densities, and allowed the housing element to meet State goals and be reviewed by HCD. COGS would continue to formulate the fair share for each community, but HCD had final approval of the numbers and each community was to revise its Housing Element every five years. 4. 1990s — Cities and counties looked at housing elements, if certified, as providing protection against lawsuits. In addition, this decade also created the concept of regional allocation "sharing burdens of lower- income households among geographic areas," without mandated goals. 5. 1993 — The Senate Committee on Local Government held hearings on housing element progress and heard concerns that communities were not doing enough and that housing elements were despised by local governments. Bills changed the cycle timeframe, including AB 2172 (Hauser), SB 1703 (Costa) and SC 320 (Committee). Main topics for discussion by the Committee on Housing and Land Use hearings in 1995 were the housing allocations and the Department of Finance (DoF) projections. A common complaint was that the DoF projections were not complete enough for communities to develop appropriate allocations. The COGs projections also were criticized. 1998 — AB 438 (Torlakson), allowing for the creation of sub-RHNA areas, looked at how housing units were counted. 2001 — SB 910 (Dunn) would have included imposing fines on jurisdictions not complying; and would have tied RHNA to transportation planning on a six year cycle. However, this bill did not pass. 2002 — SB 423 (Torlakson) created a jobs and housing balance incentive program, also known as Workforce Housing Incentive Program. In 2003, at HCD's request, a working group of stakeholders met to make recommendations, which included: • Develop more transparency in determining fair shares • Clarify land inventories of building sites • Ensure inventories were buildable • Increase HCD review consistency of local elements • Explore city self -certification • Devise better housing element enforcement that would penalize non-compliance. 7. 2004 — AB 2348 (Mullin) clarified the relationship between the land inventory and adequate sites requirement, provided guidance on the content of adequate land inventory, and provided greater development certainty. AB 2158 (Lowenthal) revised the process for determining allocation from just 2022-2023 San Mateo County Civil Grand Jury 32 DoF to include transportation planning numbers and created a review process. 2005 — AB 1233 (Jones) assured that unmet need from previous RHNA cycles was added into the next cycle. 2017 Housing Legislative Package Approximately 150 housing bills were submitted in 2017. Fifteen relating to funding, streamlining and accountability, were signed by the governor. These bills significantly changed how RHNA is conducted, requiring additional outreach and reporting, increasing the number of factors included, and the ability of HCD to sue individual cities for not meeting requirements. SB 2 (Atkins) Building Homes and Jobs Act is projected to generate hundreds of millions of dollars annually for affordable housing, supportive housing, emergency shelters, transitional housing, and other housing needs via a $75 to $225 recording fee on specified real estate documents. SB 3 (Beall) Veterans and Affordable Housing Bond Act of 2018 places a $4 billion general obligation bond on the November 2018 ballot to fund affordable housing programs and the veterans homeownership program (CalVet). SB 35 (Wiener) streamlines multifamily housing project approvals, at the request of a developer, in a city that fails to issue building permits for its share of the regional housing need by income category. SB 35 city approval of a qualifying housing development on a qualifying site is a ministerial act, without need for CEQA review or public hearings. AB 73 (Chiu) streamlines the housing approval process by allowing jurisdictions to create a housing sustainability district to complete upfront zoning and environmental review in order to receive incentive payments for development projects that are consistent with the ordinance. SB 167 (Skinner), AB 678 (Bocanegra), and AB 1515 (Daly) are three measures that were amended late in the 2017 legislative session to incorporate changes to the Housing Accountability Act (HAA). The HAA significantly limits the ability of a jurisdiction to deny an affordable or market -rate housing project that is consistent with existing planning and zoning requirements. AB 1505 (Bloom) allows a jurisdiction to adopt an ordinance that requires a housing development to include a certain percentage of rental units affordable to and occupied by households with extremely low, very low, low or moderate income. AB 879 (Grayson) expands upon existing law that requires, by April 1 of each year, general law cities and charter cities to send an annual report to their respective city councils, the State Office of Planning and Research (OPR) and HCD that includes information related to implementation of the General Plan. AB 1397 (Low) makes numerous changes to how a jurisdiction establishes its housing element site inventory. AB 72 (Santiago) provides HCD broad new authority to find a jurisdiction's housing element out of substantial compliance if it determines that REGIONAL the jurisdiction fails to act in compliance with 2022-2023 San Mateo County Civil Grand Jury 33 its housing element and allows HCD to refer violations of law to the attorney general. 10. 2018 — SB 828 (Wiener) changed the way HCD determines each region's RHND, adding a number of new factors for consideration and accounting for "unmet need" in the existing housing stock by applying "adjustment factors" to a region's total projected households, not just the incremental housing growth. 11. 2018 — AB 1771 (Bloom) and AB 686 (Santiago) strengthened the mandate for regions and local governments to combat discrimination, overcome historic patterns of segregation, and create equal access to opportunity through housing planning and decision -making, in other words, to "affirmatively further fair housing." AB 1771 (Bloom) added to RHNA an enhanced focus on racial equity with an explicit mandate that COGs' housing distribution plans affirmatively further fair housing and required COGs to survey jurisdictions on their fair housing activities, to identify regional barriers to furthering fair housing, and to recommend strategies or actions to overcome those barriers. AB 686 (Santiago) created a mandate that local jurisdictions plan and administer housing and community development programs and activities in a manner that affirmatively further fair housing. 12. 2019 — AB 1486 (Ting) strengthened the Surplus Lands Act (SLA), which requires that local agencies provide right of first refusal to affordable housing developers when disposing of surplus land by expanding the scope of land subject to the right of first refusal requirement, updating the mechanics of the surplus land disposal process, extending HCD's enforcement mandate to include the SLA and establishing financial penalties for violation of the act. AB 1487 (Chiu), authorized ABAG and MTC to place on the ballot regional housing measures to help fund affordable housing and established 3 REGIONAL HOUSING NEEDS ALLOCATION the Bay Area Regional Housing Authority. The 2019-20 State Budget also included significant new resources to support housing planning, including $250 million for local governments and COGS for planning activities. The Bay Area is receiving approximately $50 million in combined funds, split between ABAG and local jurisdictions. SB 330 (Skinner) made further revisions to the HAA, establishing new criteria for housing approvals at the local level, including prohibiting a local agency from subjecting a project to new ordinances, rules or fees after an application is submitted and limiting the number of hearings on a project to five. The bill also prohibits a local agency from lowering the allowed residential density below that level in effect on January 1, 2018 in high rent, low -vacancy areas, as defined. The bill's provisions sunset in five years. AB-881, "Accessory dwelling units," and AB-68, "Land use: accessory dwelling units": Makes many of the current restrictions that cities place on ADUs obsolete. It also provides for a streamlined process for approvals. These bills require permits for ADUs added to single-family and multifamily homes to be approved or denied faster. Current law permits these decisions to take 120 days, but this new law requires decisions within 60 days. These approvals or denials must be issued ministerially, so that way, there are fewer potential issues to encounter. Cities and counties may establish minimum and maximum ADU size requirements, but the maximum size cannot be less than 850 square feet for a one -bedroom ADU or 1,000 square feet for more than one bedroom. 2022-2023 San Mateo County Civil Grand Jury 34 Most importantly, these bills prohibit any lot coverage, minimum lot size, etc. requirements that municipalities have. Cities have enacted these laws to have the effect of making it impossible to build an ADU. Cities cannot require the correction of nonconforming zoning conditions as part of the approval process. SB-13 Accessory dwelling units are similar to AB-881 and AB-68 with a couple of significant differences. Before this bill, local agencies could require that the person applying for the ADU occupy either the primary residence or the proposed new structure. This bill exempts from these requirements all proposed ADUs until Jan. 1, 2025. Additionally, this bill removes the impact fee for ADUs smaller than 750 square feet. Even for ADUs larger than that, the impact fees assessed must correlate with the square footage of the primary residence. SB-13 makes building ADUs cheaper and also removes an essential regulation. Now, landlords who rent their properties out can apply for an ADU for their rental properties. AB-670, "Common interest developments: accessory dwelling units," makes it easier for people within HOA complexes to construct ADUs. Specifically, it prevents banning or unreasonably restricting on single-family lots on the construction of these units. Presently, many HOAs have CCRs ("conditions, covenants and restrictions") that prevent people from building ADUs. HOAs may worry about the uniformity of the properties if one has an ADU on it, or they might be concerned that they don't know who is and who isn't renting from an ADU. Regardless, HOAs now need to have a way for people to construct ADUs if they so choose. HOAs will likely challenge this bill, at least to some degree, in court, but for now, if you live in an HOA complex with single-family homes, you can construct an ADU. AB-671, "Accessory dwelling units: incentives," requires that general plans incentivize homeowners in some way to construct these ADUs and make them available for low -to -moderate -income households to rent. While it doesn't specify what these incentives will be, it does require local agencies to think about financial incentives and construct a plan. 2022-2023 San Mateo County Civil Grand Jury 35 APPENDIX C ADUs: An American Tradition ccessary dwelling units have been around for centuries, going by dozens of names over time, such as inaaw apartmen'L guest house, granny flat, and -carriage house. The American Association of Retired Persons (AARP) traces the tradition of ADUs in the U-S. to early tettlert who built small homes to live in while conctrutlirlg their larger, primary house near'try_ 4Arnan farming was a snuiros of survival for most of the nation's households, families commonly built that 9a W AtUF addilional homes on their pr*perby to live in -during planling or harvesting seasons_ Wealthy people with Large lots fie-quentfyt built secondary homes and Other independent structures for hvusahold staff and guests. Until the Math CenUYy, there were fern or no Zoning rules restricting people with land from building ab many homes as they wished on their land_ According to AARF a historic precedent for the modern ADU it, the carriage house, or coach house, intended for horse-drawn 1-anriages, and often, large enough to include living -quarters for workers. Marty years later, in responsa to housing shortages and eoonomic needs, carriage houses were onrr erted into rental homes. Garages have a similar history, and over time, manyr have been Converted — ofben ilegally— into small living spaces. During! lrtrcrld VMar 11, for exam*. the Bay Area experienced A defense boom that treated a high damand forwdrld rce housing, resulting in rnanyr ilegally nWsttuoted seccimd units. By 1 moo, Sarin Francis= ciiurlted between 20,OW bo 30,U90 secondary units, of which 90 pent were built ilegally, arcording to the Sark Francisco Planning and Urban Research Association. With the rite of suburban single-family+ home developments in the 1950s and 196as ADUs prachcaFj stopped being built legally because zoning trades typically allowed only one home per IoL 8infce !then, some tibias have grandfatiered in pre` exist N ADUs if time residences remained 6nnsist,arrtily t=upied. But even today, many tomermnities slit don't allow new ADUs. • An ADU is a small resWence that shares a single-family lot with a larger, primary dwelling. • As an independent living space, an ADU is self-contained, with its Own kitchen or kits; henette, bathnmom and sleeping area. An ADU can be located within, attached tD or detathed from the min residanoe_ • An ADU can be coinverted *am an existing structure (such as a garage} or buill anew. • ADUs can be found in cities, in suburbs and in rural areas_ yet are often irwisible from View because they're positioned behind or are indistinct from the main house. • Becauta ADUs are built on single-famdy lets as a seonndlary dwelling, they typically can not be partitioned off to be sold separately. • An ADU can provide rental income to homeowner and an affordable way for rerrbers to lure in single-family rteighborhoodls. An ADU can enable family marnMet to We on the same property white having their awn Wing spaces — or provide hooting for a hired varegiVer. + Unlike tiny houses, ADUs we compact but not teeny, so they're a more practical option for individuals, couples and famiies seeking smaill, affordable housing. • For homearwners lonkiing to dow nisize, an ADU Can bs a more appealing option than moving into an apartment or, if older, an age4estricled community. + ADUs can help older residents remain in their community and age in place_ Sourra:.ARF, 21219 ADUs became popular again in the I H t as tithes looked for new sources of smaller and more affordable housing. And most recently, there's bears increasing interest at the state aM local levels in legalizing and! encouraging the -constnjt6nn of AIDUs, driven byr the high cost of hhousing_ 2022-2023 San Mateo County Civil Grand Jury 36 APPENDIX D Housing Elements Are an Iterative Process �'J�' Counties 4 5 Homeowners Developers 1. HCD sands ABAG a housing planning target for the numbar of units that are needed over the next eight years at all income levels. 2. ABAG works with the cities and count !as to allocate the HOD totals among the" Area jurisdictions, creating a Ragional Housing Need Allocation (RHNA) Plan. 3. ABAG sands the RHNA Plan to HCDfor review and approval. 4. Oncethe RHNA Plan is approved, each jurisdiction must update the Housing Element oftheir General Plan. 5. The cities and counties send their Housing Elements to HOD for review andapproval by a prescribed due date. Ifa jurisdiction misses the submission deadline it is subject to potential builders remedy action that forces the city to allow building projects without meeting most of the local zoning restrictions. 6. HOD returns the Housing Elements with necessary changes. Onceapproved, permitting affordable housing begins. 7. Permits are issued for construction. 8. Developers and homeowners build housing. 9. Overthe naxteightyears cities andcounties must annually report their building permit activity. If progress is daerned below expectations, jurisdictions must davelop and send alternative strategies to H CD for review and approval. 2022-2023 San Mateo County Civil Grand Jury 37 BURLINGAME AGENDA NO: 101 STAFF REPORT MEETING DATE: August 21, 2023 To: Honorable Mayor and City Council Date: August 21, 2023 From: Kevin Gardiner, Community Development Director — (650) 558-7253 Subject: Adoption of a Resolution Authorizing the City Manager to Execute Amendment No. 1 to the Professional Services Agreement with ICF Jones & Stokes, Inc. (ICF), for an Additional Cost of $72,374.40, for a Total Cost of $240,747.40, to Perform Environmental Review Services Related to the Proposed Development of a New Office/Research and Development Building at 1499 Old Bayshore Highway, Burlingame. RECOMMENDATION Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute an Amendment (No. 1) to the Professional Services Agreement with ICF Jones & Stokes, Inc. (ICF) for environmental review services totaling $72,374.40, for a total cost of $240,747.00, related to the development of a new Office/Research and Development Project at 1499 Old Bayshore Highway, Burlingame. BACKGROUND The City of Burlingame received an application from King 1499 Owners LLC on September 12, 2022, for a new office/research and development (R&D) building at 1499 Old Bayshore Highway. The project site consists of merging two existing parcels and constructing an eight -story lab/office building 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 is subject to environmental review pursuant to the California Environmental Quality Act (CEQA). On March 20, 2023, the City Council authorized the City Manager to execute an Agreement for Professional Services with ICF to perform the environmental review services for the proposed project, in an amount not to exceed $168,372.60. DISCUSSION The environmental review for the proposed project is currently underway. The total original budget for the preparation of a CEQA Class 32 Infill Exemption, with preparation of several of the required technical reports included, was approved at $168,372.60. Class 32 Infill Exemptions are allowed under CEQA for infill developments within urbanized areas if they meet certain criteria. However, upon preparation of some of the technical studies, it was determined that the proposed project no longer met the criteria under CEQA for a Class 32 Infill exemption due to particular characteristics Professional Services Agreement with ICF- Amendment #1 August 21, 2023 of the site. Therefore, ICF is requesting a contract modification to prepare an Initial Study (IS)/Mitigated Negative Declaration (MND), at an additional cost of $72,374.40. With this amendment of $72,374.40, the overall budget will total $240,747.00. Staff would note that the cost provided by ICF includes the supporting technical reports necessary for the background information to prepare the CEQA document, 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 the additional $72,374.40 to the City to cover the costs of the additional tasks associated with preparation of an IS/MND, plus the separate handling fee of $7,237.44 (10% of the contract for City management). These funds are held in an account and paid to ICF on a monthly basis as services are rendered. Attached is Amendment #1 to the Agreement for Professional Services with ICF to perform the additional outlined tasks associated with the preparation of an IS/MND for the proposed project, in an amount not to exceed $72,374.40, for environmental review services detailed in the July 28, 2023 ICF Amendment #1. 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 • ICF Amendment #1 — for an Initial Study (IS)/Mitigated Negative Declaration (MND) • Draft Amendment No. 1 to Agreement for Professional Services between City of Burlingame and ICF • Originally executed Agreement for Professional Services between the City of Burlingame and ICF, March 21, 2023 • ICF (original) Scope of Work for Class 32 Infill Exemption 2 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH ICF JONES AND STOKES, INC. (ICF) TO PERFORM ENVIRONMENTAL REVIEW SERVICES RELATED TO THE PROPOSED DEVELOPMENT OF A NEW OFFICE / RESEARCH AND DEVELOPMENT BUILDING AT 1499 OLD BAYSHORE HIGHWAY, BURLINGAME WHEREAS, the City of Burlingame ("City") executed a professional services agreement with ICF Jones and Stokes, Inc. (ICF) ("Consultant") for $168,372.60, dated March 21, 2023, for the preparation of a CEQA document for the office/research and development project at 1499 Old Bayshore Highway, Burlingame, and the City of Burlingame, a public body of the State of California ("City"), amends the Agreement between the parties, hereinafter called the "Agreement"; and WHEREAS, the CEQA document that was scoped under the original Agreement was a Class 32 Infill Exemption. Upon preparation of the some of the technical studies that are required for the CEQA document preparation, it was determined that the proposed project no longer met the minimum criteria under CEQA for a Class 32 Infill exemption; and WHEREAS, the Consultant, in conjunction with the City, has determined the CEQA document to be prepared for the project will be an Initial Study (IS)/Mitigated Negative Declaration (MND) and therefore requests a contract modification for the additional tasks required to prepare an IS/MND at an additional cost of $72,374.40; and WHEREAS, because this Amendment No. 1 is to an agreement that was previously authorized by the City Council as the work was in excess of $100,000, with the combined total budget of $240,747.00, City Council approval is required. NOW, THEREFORE, BE IT RESOLVED AND ORDERED: 1. The City Manager is authorized and directed to enter into Amendment No. 1 to the Professional Services Agreement with ICF Jones and Stokes, Inc. (ICF) for environmental review services related to the proposed development of a new office/research and development project at 1499 Old Bayshore Highway, consistent with the Scope of Work attached to this resolution, for an additional cost of $72,374.40, for a maximum total cost of $240,747.00, as stated in the proposed Contract Modification Request No. 1, dated July 28, 2023. 2. The City Clerk is directed to attest to the signature of the City Manager upon execution of the Amendment No. 1. 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 21 st day of August, 2023, and was adopted thereafter by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: City Clerk AMENDMENT NO. 1 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF BURLINGAME AND ICF JONES & STOKES, INC. (ICF) THIS AMENDMENT NO. 1 is by and between ICF Jones & Stokes, Inc. (ICF) ("Consultant"), engaged in preparation of an environmental review document for the proposed office/research and development project at 1499 Bayshore Highway, Burlingame, and the City of Burlingame, a public body of the State of California ("City"), amends the Agreement between the parties dated March 21, 2023, hereinafter called the "Agreement". RECITALS WHEREAS, the Consultant, in conjunction with the City, has determined that additional work is required to prepare the environmental review for the proposed project. The environmental review had first been scoped as a Class 32 Infill Exemption under the California Environmental Quality Act (CEQA) but after review of technical studies it was determined that a Mitigated Negative Declaration (MND) would be the appropriate document for the 1499 Bayshore Highway project, which represents additional services beyond the scope of the Agreement; and WHEREAS, the Consultant has prepared a request for additional fees to cover the cost of the requested services as outlined in the attached proposal dated July 28, 2023, for the project at 1499 Bayshore Highway, Burlingame. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. The Consultant shall provide the additional services requested by the City as outlined in the attached Proposal to Amend Environmental Documentation for 1499 Bayshore Highway, Burlingame - Contract Modification Request #1, dated July 28, 2023. 2. The additional cost shall not exceed $72,374.40, to be invoiced as the work occurs, for a total compensation not to exceed $240,747.00. 3. Except as expressly amended in this Amendment No. 1, all other terms and conditions contained in the Agreement shall remain in full force and effect. Amendment No. I to Agreement for Professional Services between ICF Jones & Stokes, Inc. and the City of Burlingame IN WITNESS WHEREOF, Consultant and City execute this Amendment No. 1. CITY OF BURLINGAME 501 Primrose Road Burlingame, CA 94010 an Lisa Goldman City Manager Date: Attest: Meaghan Hassel -Shearer City Clerk Approved as to form: Michael Guina City Attorney ICF JONES & STOKES, INC. 201 Mission Street, Suite 1500 San Francisco, CA 94105 LE Robert P. Krusen Associate Contracts Manager Date: Federal Employer ID Number: 94-173 03 61 License Number: Expiration Date: - Attachments: Exhibit A — Proposal for Contract Modification Request #1, dated July 28, 2023 Exhibit B - Originally Executed Contract, Scope of Work and Certificate of Liability Insurance Ali ICF July 28, 2023 Catherine Keylon, Senior Planner 501 Primrose Road, Burlingame, CA 94010 Subject: Proposal to Amend Environmental Documentation for 1499 Bayshore Highway, Burlingame — Contract Modification Request #1 Dear Ms. Keylon, Enclosed herein is a request to amend the Agreement for Professional Services Between the City of Burlingame and ICF Jones & Stokes, Inc. (ICF), dated March 21, 2023. The requested amendment will allow ICF to prepare an Initial Study/Mitigated Negative Declaration (IS/MND) for the 1499 Bayshore Highway Project (Project), as requested by the City of Burlingame (City). ICF offers a team of expert staff to successfully and efficiently provide environmental review services for the City. This requested amendment, referred to herein as Contract Modification #1, includes our scope of work, cost estimate, and tentative schedule for the IS/MND and related technical studies. The revised scope of work is intended to replace the prior scope of work for a Categorical Exemption (CE) in its entirety. The requested budget is in addition to the approved budget $168,372.60 and reflects the additional level of effort required to prepare an IS/MND compared to a CE. ICF will invoice in accordance with the terms established in the original contract. This proposal is valid for a period of 90 days, at which time ICF reserves the right to revise the contents or extend the validity date, if needed. Please feel free to contact Jennifer Ostner, the Project Manager for the project, at 503.889.9113 or Jennifer.Ostner(c)-icf.com if you have any questions. We look forward to continuing to work with you. Sincerely, C.�r l QG��OvK' Hawani Tessema Senior Contracts Manager ICF Project No. 104714 201 Mission Street, Suite 1500, San Francisco, CA 94105 USA +1.415.677.7100 +1.415.677.7177 fax icf.com Proposal to Prepare CEQA Documentation for the 1499 Bayshore Highway Project in Burlingame, CA Modification 1 to Agreement for Professional Services Between the City of Burlingame and ICF Jones & Stokes, Inc. (ICF), dated March 21, 2023 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, proposed by King 1499 Bayshore Owner LLC (Project sponsor), 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: 1. 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. In 2018, ICF prepared an Initial Study/Mitigated Negative Declaration (IS/MND) for a different project at the same location (referred to as the 2018 IS/MND). That document 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. That project was subsequently withdrawn. Recently, ICF began preparation of a Class 32 Categorial Exemption (CE) for the current version of the proposed project pursuant to the Agreement for Professional Services Between the City of Burlingame and ICF Jones & Stokes, Inc. (ICF), between ICF and the City, dated March 21, 2023. The contract value for the CE was $168,372.60, and $30,680.25 has been invoiced to -date, leaving a remaining budget of $137,692.35. During preparation of the CE, the \1/ Page **ICF 1 Proposal to Prepare CEQA Documentation for the 1499 Bayshore Highway Project in Burlingame, CA Modification 1 to Agreement for Professional Services Between the City of Burlingame and ICF Jones & Stokes, Inc. (ICF), dated March 21, 2023 City requested the ICF instead prepare an Initial Study/ Mitigated Negative Declaration (IS/MND) pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15063. This submittal includes a scope of work, cost estimate, and tentative schedule for ICF to prepare environmental documentation for the IS/MND. This Contract Modification #1 includes a scope of work for an IS/MND that is intended to replace the prior scope of work for a CE in its entirety. Please note that 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, the conclusions made in the Envision Burlingame General Plan EIR, and the work completed to - date on the previously-scoped CE. 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 IS/MND 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 IS/MND 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 was previously initiated through discussions of key issues, reviewing completed background documents, planning, data collection, and a kick-off meeting. Following this process, ICF provided a data needs list of additional materials or information needed. Data was provided on July 10, 2023 and July 27, 2023. To address the change in scope identified during this process, (from an Infill Exemption to an IS/MND), additional refinement to the scope of work is required, as provided as this amendment. In addition to the initial assumptions included for this task, we anticipate the need to verify conditions and/or solicit input for IS/MND topics not included in the data -needs previously targeted for the Infill Exemption. To account for the refined project scope and potential outstanding data needs coordination, $1,760 in additional funding is requested for this task. Deliverables ► Memorandum of data requests for the Project sponsor Task 2: Project Description Prior to starting the IS/MND 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: \1/ Page **ICF 2 Proposal to Prepare CEQA Documentation for the 1499 Bayshore Highway Project in Burlingame, CA Modification 1 to Agreement for Professional Services Between the City of Burlingame and ICF Jones & Stokes, Inc. (ICF), dated March 21, 2023 ► Introduction • Existing Setting and Location • Land Use and Zoning ► Project Description • Site plan ■ Transportation Demand Management ■ Building Design and Lighting ■ Landscaping, Open Space, and Amenities • Utilities ■ Recycling and Waste ► Construction Schedule and Phasing ► Construction Equipment and Staging ► Project Approvals The Project Description will also include figures that will be developed based on the plans provided by the Project sponsor. A Project Description was prepared for the previously scoped CE. This Project Description will need to be expanded to include additional information and figures required for the IS/MND analysis. To account for anticipated changes to the Project Description from that initially prepared for the CE, $1,200 in additional funding is requested for this task. 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: Subconsultant Technical Reports' The previous scope of work for Task 3 included preparation of an Administrative Draft Infill Exemption Document and subconsultant technical reports prepared by H.T. Harvey, Hexagon, and EKI. The Administrative Draft Infill Exemption Document will no longer be prepared. The subconsultant technical reports will move forward as previously scoped, with no amendments. These scopes are summarized below for reference. No additional funds are requested for this task, and the remaining funds that would have been used for the Administrative Draft Infill Exemption Document have been applied toward the requested amendment amount. Task 3 was previously entitled "Administrative Draft Infill Exemption Document." \1/ Page **ICF 3 Proposal to Prepare CEQA Documentation for the 1499 Bayshore Highway Project in Burlingame, CA Modification 1 to Agreement for Professional Services Between the City of Burlingame and ICF Jones & Stokes, Inc. (ICF), dated March 21, 2023 Biological Resources Report Prepared by H.T. Harvey & Associates Ecological Consultants 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 IS/MND. 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. This report will be included as an appendix to the IS/MND. Since approval of the original scope which included an arborists report, Helios has identified the completion of an arborist report, H.T. Harvey will be available to review this report if requested. 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 features or mitigation measures. Water Supply Assessment Prepared by EKI 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. 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. The results of the WSA will be used by ICF to complete the water analysis in the Utilities and Public Services section of the IS/MND. Peer Review of Transportation Impact Assessment by Hexagon 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) which includes the Project Transportation Demand Management (TDM) Plan. 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 \1/ Page **ICF 4 Proposal to Prepare CEQA Documentation for the 1499 Bayshore Highway Project in Burlingame, CA Modification 1 to Agreement for Professional Services Between the City of Burlingame and ICF Jones & Stokes, Inc. (ICF), dated March 21, 2023 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. This report will be included as an appendix to the IS/MND and TIA and TDM Plan will be used by ICF to complete the Transportation section of the IS/MND. Deliverables ► One (1) electronic copy of the Biological Resources Report (to include an avian impacts analysis) 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 Task 4. Withdrawn' This task from the previous scope of work is no longer required. The remaining funds from this task have been applied toward the requested amendment amount. 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 remaining eight -month duration. 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. To account for the refined project scope provided in this amendment, time needed to re -scope the project, and a lengthened project schedule, $6,000 in additional funding is requested for this task. 2 Task 4 was previously entitled "Screencheck and Final Infill Exemption Document." Page **ICF 5 Proposal to Prepare CEQA Documentation for the 1499 Bayshore Highway Project in Burlingame, CA Modification 1 to Agreement for Professional Services Between the City of Burlingame and ICF Jones & Stokes, Inc. (ICF), dated March 21, 2023 Task 6: Administrative Draft IS/MND (new task) ICF will prepare an Administrative Draft IS/MND in accordance with CEQA Guidelines 15063. The IS/MND will use Appendix G of the CEQA Guidelines (Environmental Checklist Form). The IS/MND will include existing conditions, impacts associated with the proposed development, recommended mitigation measures to avoid or reduce potential significant adverse environmental impacts where necessary, and any associated technical analysis. After receiving comments on the Project Description from the City, ICF will complete IS/MND analysis. For this task, principal activities will include: ► Synthesizing information from existing background documents and the 2018 ICF-prepared IS/MND ► Reviewing the Burlingame General Plan and applying applicable information to the Project, including mitigation measures, as warranted ► Evaluating changes to existing conditions and presenting the analysis at full buildout of the Project ► Performing the analysis and making determinations of impact significance ► Recommending additional mitigation measures to reduce impacts, if needed The analysis will be based on standard methodologies and techniques and will focus on the net changes anticipated at the Project site. The text will clearly link measures to impacts and indicate their effectiveness (i.e., ability to reduce an impact to a less -than -significant level), identify the responsible agency or party, and distinguish whether measures are proposed as part of the Project, are already being implemented (such as existing regulations), or are to be considered. This approach facilitates preparation of the Mitigation Monitoring and Reporting Program (MMRP). Topics with No Impacts Based on our preliminary Project review and experience preparing the 2018 1499 Bayshore IS/MND for a hotel development, we anticipate that the project would result in no impacts to the following environmental topics. 1. Agricultural and Forestry Resources. ICF will describe existing conditions at the Project site, identify the existing General Plan designation, and document the lack of agricultural and forestry uses in the area, per the General Plan EIR (Table 6-1). 2. Mineral Resources. ICF will describe existing conditions at the Project site and identify the mineral resources zone classification for soils at the site. It is anticipated that the site does not contain significant mineral resources, per the General Plan EIR (Page 9-1). 3. Wildfire. ICF will describe existing conditions at the Project site. The Project site is not located near any Very High Fire Hazard Severity Zones and is not within a High Fire Hazard Severity Zone in the State Responsibility Area (SRA). Therefore, the project is not subject to detailed CEQA review of potential wildfire hazards. It is expected that the Project would not increase the potential for wildfire hazards in the vicinity, especially considering the urban setting and proximity to the Bay. \I/ Page **ICF 6 Proposal to Prepare CEQA Documentation for the 1499 Bayshore Highway Project in Burlingame, CA Modification 1 to Agreement for Professional Services Between the City of Burlingame and ICF Jones & Stokes, Inc. (ICF), dated March 21, 2023 Aesthetics The Project site is located outside of a Transit Priority Area under SB 743, and therefore is subject to an aesthetics analysis. ICF will also evaluate the Project's consistency with the City's Design Review which is required for new commercial buildings pursuant to C.S. 25.57.010(c)(1) and consistency with the City's Bayfront Specific Plan design guidelines. This scope assumes a Design Review Study will be provided, which ICF will review and incorporate into the IS/MND and that the setting has not changed since the 2018 IS/MND. While the 2018 IS/MND considered shade and shadow, because this is no longer an Appendix G criteria, this scope assumes that it will not be required. Air Quality ICF will prepare the air quality and GHG sections of the IS/MND, and the analysis in the IS/MND will contain the components discussed in this scope of work. The regulatory setting section will briefly describe the Bay Area Air Quality Management District's (BAAQMD) applicable regulations and April 2023 CEQA Guidelines.3 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 IS/MND will qualitatively document the consistency finding. 3 https://www.baagmd.gov/plans-and-climate/california-environmental-quality-act-ceqa/updated-ceqa- guidelines. \1/ Page **ICF 7 Proposal to Prepare CEQA Documentation for the 1499 Bayshore Highway Project in Burlingame, CA Modification 1 to Agreement for Professional Services Between the City of Burlingame and ICF Jones & Stokes, Inc. (ICF), dated March 21, 2023 ► Project -level Health Risk Assessment. The primary toxic air containments (TAC) of concern are asbestos4 and diesel particulate matter (DPM). In their CEQA Guidelines update from April 2023, BAAQMD indicates that they recommend all projects conduct at least a screening analysis (which they call a Tier 1 analysis), to evaluate potential health -related impacts from project construction and operations. If the Tier 1 analysis indicates that thresholds would be exceeded, BAAQMD states that a more detailed site analysis is required (i.e. a Tier 2 analysis). Additionally, BAAQMD has established in the April 2023 guidelines that they consider off -site workers to be sensitive receptors, whereas the previous guidance indicated that sensitive receptors were limited to residences, long-term care facilities, schools, etc. As such, there are off -site workers and thus sensitive receptors within 1,000 feet of the project site. There are also residential and educational receptors within 1,000 feet of the Project area. Because of the proximity of existing receptors, ICF anticipates that a full (i.e. non -screening) analysis will be needed to evaluate health risk impacts from construction and operations. This scope of work thus assumes a quantitative Health Risk Assessment (i.e. a Tier 2 analysis) to evaluate the potential health risks from toxic air contaminant emissions during construction and operations. ICF will prepare a quantitative Health Risk Assessment (HRA) to evaluate the impacts 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). The HRA will also evaluate potential cancer and non -cancer health hazard to existing receptors from operational sources of TACs, which may include infrequent diesel trucks (i.e. delivery trucks), an emergency generator, and potentially organic gases, depending on the type of laboratory and research operations. Modeled health risks will be compared to thresholds recommended by the BAAQMD. ► 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. ICF will therefore qualitatively assess odor emissions, and this scope of work assumes that the project uses do not include any of the land use types from Table 5-4 of the BAAQMD's CEQA Guidelines.5 Projects that are odor sources require community outreach and surveying, per the BAAQMD's CEQA Guidelines from April 2023. 4 The potential for asbestos from demolition will be qualitatively assessed and compliance with BAAQMD asbestos rules will be discussed. a https://www.baagmd.gov/—/media/files/planning-and-research/ceqa/ceqa-guidelines-2022/ceqa-guidelines- chapter-5-project-air-q ual ity-impacts final-pdf.pdf?la=en Page **ICF 8 Proposal to Prepare CEQA Documentation for the 1499 Bayshore Highway Project in Burlingame, CA Modification 1 to Agreement for Professional Services Between the City of Burlingame and ICF Jones & Stokes, Inc. (ICF), dated March 21, 2023 This scope of work assumes one round of review of the IS/MND, with one draft and final version of the IS/MND. The results of the air quality analysis will be contained in the IS/MND. Additional information, such as modeling output files and documentation of modeling assumptions, will be included as an appendix to the document. Biological Resources Like the 2018 IS/MND findings, the existing site (though, now larger) is developed with buildings and asphalt. As such, natural biological resources are not likely to be present. However, the Project site is adjacent to a shorebird sanctuary along the Bay and Mills Creek and construction and operation of the Project could potentially impact these sensitive habitats and any special - status species inhabiting these areas. In addition, buildings and trees currently exist on the Project site, which could provide habitat for nesting birds and/or roosting bats. To evaluate impacts on biological resources, ICF will prepare the biological resources section of the IS/MND by relying on the report provided by H.T. Harvey (Task 3). Generally, this will include preparation of a brief overview of the regulatory environment, existing conditions, and biological resources present, and an assessment of impacts using standard CEQA significance criteria. Mitigation measures, if needed to reduce impacts to a less than significant level, will be developed based on standard practices, guidelines, and expectations of the agencies (e.g., CDFW, etc.) and will consider the measures proposed by the Biological Resources Report. Based on prior experience at the Project site, ICF anticipates that the prominent issues for the Project will be limited to nesting migratory birds, roosting bats, and protected trees. However, with the proximity of the shorebird sanctuary, the associated salt marsh habitat, and Mills Creek, we will address the possibility that special -status species and nursery sites associated with this habitat could be affected by the Project. Cultural Resources In addition to considering and utilizing material prepared for the 2018 IS/MND, ICF cultural resources staff will conduct a Cultural Resources Study, outlined 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. The Cultural Resources Study will be included in the IS/MND as an appendix (sensitive archaeological and Tribal information will be redacted). The IS/MND will document ICF's investigations into the potential presence of significant historical resources and Tribal cultural resources. If such resources are identified, the IS/MND would assess Project impacts to those resources. Mitigation measures will be developed, as needed, to reduce or eliminate any significant impacts to a less -than -significant level, if feasible. Typical mitigation measures for archaeological resources includes assessment by a qualified archaeological professional on the need for the archaeological or tribal monitoring, and if recommended, worker awareness training. \1/ Page **ICF 9 Proposal to Prepare CEQA Documentation for the 1499 Bayshore Highway Project in Burlingame, CA Modification 1 to Agreement for Professional Services Between the City of Burlingame and ICF Jones & Stokes, Inc. (ICF), dated March 21, 2023 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. 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. \1/ Page **ICF 10 Proposal to Prepare CEQA Documentation for the 1499 Bayshore Highway Project in Burlingame, CA Modification 1 to Agreement for Professional Services Between the City of Burlingame and ICF Jones & Stokes, Inc. (ICF), dated March 21, 2023 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: ► 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. Energy Similar to the 2018 IS/MND, ICF will prepare a section on Energy in the IS/MND based on an evaluation of how the Project will affect energy resources, generation, and transmission, and will assess any potential impacts associated with wasteful, inefficient, or unnecessary energy consumption during Project construction or operation. The analysis will be based on energy use outputs from the CaIEEMod emissions model. In addition, ICF will evaluate the Project's consistency with state and local energy efficiency goals. Geology/Soils and Paleontological Resources The General Plan EIR identifies that implementation of the General Plan would result in a less - than -significant impact on geology/soils, after compliance with existing regulations and goals and policies from the General Plan. One of these policies (CS-7.3) requires the preparation of a geotechnical report. ICF will prepare the Geology and Soils section of the IS/MND using the Geotechnical Report prepared for the Project by Rockridge Geotechnical, January 11, 2022. ICF will rely on the information included in the General Plan EIR and the Geotechnical Report to characterize the existing setting for geology and soils. In addition, the General Plan EIR identifies that implementation of the General Plan would result in a less -than -significant impact with mitigation on paleontological resources. ICF will use existing California Geological Survey regional geologic mapping, a database search at the University of California Museum of Paleontology, and the scientific literature to characterize the existing setting for paleontological resources. ICF will conduct the following tasks: ► Describe existing federal, state, and local laws and regulations related to geology, soils, and seismicity, and paleontological resources. \1/ Page **ICF 11 Proposal to Prepare CEQA Documentation for the 1499 Bayshore Highway Project in Burlingame, CA Modification 1 to Agreement for Professional Services Between the City of Burlingame and ICF Jones & Stokes, Inc. (ICF), dated March 21, 2023 ► Describe Project grading, excavation, and foundation systems designed to support the proposed structures. ► Describe proposed maximum depth of excavation. ► Describe the recommendations made in the Geotechnical Report, which would be implemented to reduce any impacts. ► Mitigation measures will be developed, as needed, to reduce or eliminate any significant impacts to a less -than -significant level, if feasible. Typical mitigation measures for paleontological resources includes assessment by a qualified paleontological professional on the need for the paleontological monitoring, and if recommended, worker awareness training. Greenhouse Gas Emissions The IS/MND will include a GHG analysis focused on GHGs of greatest concern, including carbon dioxide (CO2), methane (CH4) and nitrous oxide (N2O) directly and indirectly resulting from the project. The project setting will describe these pollutants and their relationship to global climate change. ICF will include information on applicable federal, state, and local goals, policies, and regulations adopted to reduce GHG emissions. ICF will use the BAAQMD's most recent CEQA Air Quality Guidelines to evaluate project impacts. The impact analysis will assess the following: Short-term emissions from project construction: Project construction activities would involve the use of off -road construction equipment and on -road vehicles, which would generate GHG emissions from equipment and vehicle exhaust. These emissions will be quantified using CaIEEMod and activity data developed for the air quality analysis (described above). Estimated construction emissions will be described, as well as compliance with BAAQMD's best management practices to reduce construction GHG emissions. Long-term emissions from project operation: The BAAQMD recently adopted revised GHG thresholds for land use projects, which provide two options for evaluating impacts: a. Does the project avoid wasting electricity and developing fossil fuel infrastructure in new buildings that will be in place for decades and thus conflict with carbon neutrality by 2045?, And, does the project comply with CALGreen Tier 2 electric vehicle requirements and per capita VMT reductions consistent with SIB 743? b. Is the project consistent with a qualified greenhouse reduction strategy (also known as a Climate Action Plan)? ICF understands that the City has a Climate Action Plan (CAP) from 2019 with a target year of 2030, and that the CAP is qualified for CEQA tiering purposes. The IS/MND will thus include a qualitative evaluation of the project's consistency with the CAP (option B. above), and ICF assumes that the City will provide a checklist or other form that ICF, with input from the sponsor, can use to evaluate the project's consistency with the CAP. The project's emissions in 2030 will be evaluated using the City's CAP; however, the CAP analysis does not extend to 2045, and thus a separate approach is needed to evaluate the project's consistency with the state's longer -term climate goals in 2045. For the 2045 analysis, \1/ Page **ICF 12 Proposal to Prepare CEQA Documentation for the 1499 Bayshore Highway Project in Burlingame, CA Modification 1 to Agreement for Professional Services Between the City of Burlingame and ICF Jones & Stokes, Inc. (ICF), dated March 21, 2023 ICF proposes to use option A. above from the BAAQMD's thresholds. The IS/MND will thus include an evaluation of both BAAQMD threshold options: option A. for 2045 and option B. for 2030. ICF will quantify GHG emissions associated with project operations to provide full disclosure of the project's GHG impacts and to support the air quality analysis described above. To quantify GHG emissions, ICF will use the traffic data and CalEEMod to estimate the net change in motor vehicle GHG emissions, relative to existing conditions. Operational area sources (e.g., landscaping), energy consumption (electricity, natural gas), water consumption, waste and wastewater generation, and refrigerants will be quantified using CaIEEMod. Consistency with climate change plans and regulations: ICF will qualitatively evaluate the project's consistency with state climate change plans and regulations, including the City's Climate Action Plan, CARB's 2022 Scoping Plan, Senate Bill 32, and Assembly Bill 1279. Hazards and Hazardous Materials The General Plan EIR identifies that implementation of the General Plan would result in a less - than -significant impact with respect to hazards and hazardous materials, after compliance with existing regulations and goals and policies from the General Plan. ICF will rely on the information included in the General Plan EIR and the applicant -provided Phase I and Phase II Environmental Site Assessments prepared for the Project (for 1499 Old Bayshore highway and for 825 Mahler Road) to characterize the existing setting for hazards and hazardous materials. ICF will prepare the Hazards and Hazardous Materials section of the IS/MND and will conduct the following tasks: ► Summarize the Phase I and Phase II Environmental Site Assessments prepared for the Project to describe the regulatory framework for hazardous materials use and storage as well as existing conditions for hazardous materials. ► Evaluate available information regarding other public health and safety hazards required to be analyzed under CEQA, such as potential interference with emergency response and evacuation plans and construction within public airport safety zones. ► Describe how applicable federal, state, and local regulations apply to the project and reduce the potential for hazards impacts. ► This scope assumes that ICF would incorporate recommendations made in the Phase I and Phase II ESAs into the Project Description. Hydrology/Water Quality The Existing Conditions Report for the General Plan EIR includes information about the existing setting related to surface waters, groundwater, and water quality (Page 6-131). This Report would be used to describe the existing setting for the Project. In addition, the General Plan EIR identifies that implementation of the General Plan would result in a less -than -significant impact on hydrology/water quality after implementation of existing regulation and goals and policies from the General Plan. ICF will describe the existing regulatory environment, including, but not limited to, the Construction General Permit, Municipal Regional Permit for stormwater discharges (including how the project relates to C.3 requirements), the City Code, and the \1/ Page **ICF 13 Proposal to Prepare CEQA Documentation for the 1499 Bayshore Highway Project in Burlingame, CA Modification 1 to Agreement for Professional Services Between the City of Burlingame and ICF Jones & Stokes, Inc. (ICF), dated March 21, 2023 California Building Code; these regulations require specific measures for reducing potential impacts on hydrology and water quality. To prepare the Hydrology/Water Quality section of the IS/MND ICF will also conduct the following tasks: ► Review the site drainage, utilities, and stormwater treatment concepts prepared for the project. Assess potential Project hydrology, water quality, and groundwater impacts in light of existing regulations and policies that would serve to minimize potential impacts, including the potential increase in new impervious area. This scope of work assumes that the site plans and data responses will provide all necessary hydrology/hydraulic details needed to asses potential site flooding and adequate storm drain capacity. Pertinent regulatory requirements will be explicitly identified so that the nexus between regulations and minimized impacts is apparent. ► Identify mitigation measures, where feasible, to minimize potentially significant or significant project impacts. It is assumed that the Project would not impede or redirect flood flows. The proposed building would be designed to account for sea -level rise due to the proximity of the Bay. This scope of work does not include hydrological or hydraulic modelling. Land Use Similar to the 2018 IS/MND, because the Project is consistent with the general plan and zoning, it would be consistent with planned land uses. ICF will summarize how the Project is consistent with the General Plan, Bayfront Specific Plan, and zoning. ICF will prepare the Land Use section of the IS/MND and will conduct the following tasks: ► Describe existing land uses, intensities, and patterns at the Project site and in the vicinity and the compatibility of the proposed land use and zoning with current onsite and offsite development. ► Describe the Project's potential to divide an established community due to the proposed increase in building heights. ► Evaluate any potential conflicts between the proposed and current land uses that would result in environmental impacts. These conflicts could include a use that would create a nuisance for adjacent properties or result in incompatibility with surrounding land uses, such as differences in the physical scale of development, noise levels, and traffic levels. ► Consider plans and policies for agencies that have discretion over the Project site, including the Federal Aviation Administration (FAA)/Airport Land Use Committee, and BCDC. Noise ICF will prepare a noise and vibration technical analysis to support the IS/MND 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. \1/ Page **ICF 14 Proposal to Prepare CEQA Documentation for the 1499 Bayshore Highway Project in Burlingame, CA Modification 1 to Agreement for Professional Services Between the City of Burlingame and ICF Jones & Stokes, Inc. (ICF), dated March 21, 2023 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. 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@ (TNMO). 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. A screening analysis will be conducted to determine if a doubling of traffic (which could result in a 3 dB or "barely perceptible" increase in noise) would be expected to occur. If a doubling of traffic is expected on any roadway segment, quantitative traffic noise modeling for those segments would be conducted using the Federal Highway Administration Traffic Noise Model (TNM). Traffic noise for the following scenarios will be analyzed: ► Existing ► Existing plus Project ► Cumulative No Project ► Cumulative plus Project In addition, noise generated by project operations (assumed to be limited to facility equipment, expected to include heating, cooling and ventilation equipment, exhaust fans and emergency generators during testing) will be evaluated using standard acoustical modeling methods, and operational data provided by the Project sponsor. It is assumed data collection requires approximately two rounds of back -and -forth to finalize the data needs for the noise analysis. \1/ Page **ICF 15 Proposal to Prepare CEQA Documentation for the 1499 Bayshore Highway Project in Burlingame, CA Modification 1 to Agreement for Professional Services Between the City of Burlingame and ICF Jones & Stokes, Inc. (ICF), dated March 21, 2023 The results of the noise and vibration analysis will be provided in the IS/MND; there will be no standalone noise technical report. Impacts will be based on federal, State, or applicable local standards (as appropriate). 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, based on requirements in the Noise section of the City General Plan, and/or project specific mitigation measures, as needed. This scope of work assumes one round of review of the noise technical analysis in the IS/MND, with one draft and final version of the 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 of $6,020, 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. Population/Housing The General Plan EIR identifies that implementation of the General Plan EIR would result in a less -than -significant impact on population and housing, after implementation of existing regulations and goals and policies from the General Plan. ICF will review the pertinent General Plan policies and will demonstrate how the Project would be consistent with the General Plan. This analysis will rely on the Project's consistency with the General Plan, to demonstrate that the growth associated with the project is planned. Similar to the 2018 IS/MND, the analysis will focus on the population increase as a result of the employees generated by the proposed public recreation uses. Given the Project's size, it is not anticipated that the Project would directly induce substantial population growth or displace people. Public Services and Recreation ICF will analyze the Project's effect on Public Services including police services, fire services, schools, parks, libraries, and recreation to determine if the Project will result in adverse physical impacts associated with new governmental facilities and the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives. ICF will describe the existing conditions (identifying responsible agencies, response times and facilities capacity) and include the associated public facilities impact fees based on the analysis of the potential impacts at the Project site. Transportation It is ICF's understanding that the Project sponsor will provide a TDM Plan and a TIA. These documents will be reviewed by ICF's subconsultant, Hexagon under Task 3. Upon completion of the final TIA, which includes all revisions to address Hexagon's peer review, ICF will prepare the Transportation section of the IS/MND by incorporating the relevant setting information and summarizing the impact analysis from TIA and TDM Plan. \1/ Page **ICF 16 Proposal to Prepare CEQA Documentation for the 1499 Bayshore Highway Project in Burlingame, CA Modification 1 to Agreement for Professional Services Between the City of Burlingame and ICF Jones & Stokes, Inc. (ICF), dated March 21, 2023 Tribal Cultural Resources ICF will assist the City with the consultation process with Native American tribes pursuant to Assembly Bill (AB) 52. Our scope includes assistance with developing outreach letters to Native American tribes and documenting Native American responses to outreach in support of the project's AB 52 consultation. The City will mail out all tribal consultation letters and be responsible for fulfilling consultation requirements if any tribes request consultation. ICF will be available to attend up to three consultation meetings if requested by the City. The IS/MND chapter will describe whether any Tribal Cultural Resources have been identified and, if so, what mitigation has been formulated in consultation with consulting tribes. ICF will prepare the tribal cultural resources section of the IS/MND. The section will outline the findings of past archaeology studies, outline the tribal outreach process under AB 52 and describe the results of tribal consultation (if requested). The section will also analyze impacts to tribal cultural resources and identify project -specific mitigation measures if required. Utilities/Service Systems ICF will examine the Project's effect on water supply, wastewater treatment, and solid waste disposal. ICF will describe the existing conditions (capacity and current consumption levels) and the potential impacts at the Project site. ICF will utilize the WSA (completed under Task 3) and work with the City and applicant to identify the utility demand from the Project, and will evaluate the net change in the demand for water, wastewater, solid waste, and energy, relative to existing and planned capacity for the utilities. Deliverables ► One (1) electronic copy of Administrative Draft IS/ND and Appendices in MS Word/Adobe PDF Task 7: Screencheck Draft IS/MND (new task) The purpose of this task is to prepare the Screencheck IS/MND for the City's review. ICF will prepare a Screencheck IS/MND to respond to comments on the Administrative Draft IS/MND from the City. This scope assumes that comments from multiple reviewers will be consolidated with any conflicting comments resolved, and that comments do not result in substantial revisions or additional analyses. Deliverables ► One (1) electronic copy (in both MS Word [clean and track] and PDF format) of the Screencheck Draft IS/MND. Task 8: Public Draft IS/MND (new task) The purpose of this task is to prepare and submit the Draft IS/MND to the City for distribution to the public. ICF will revise the Screencheck Draft IS/MND to incorporate modifications identified by the City. The revised documents will be circulated among the public agencies and the general public as well as specific individuals, organizations, and agencies expressing an interest in receiving the document. During this task, ICF will also compile the appendices that will be distributed with the Public Draft IS/MND and produce a version of the full documents that can be \I/ Page **ICF 17 Proposal to Prepare CEQA Documentation for the 1499 Bayshore Highway Project in Burlingame, CA Modification 1 to Agreement for Professional Services Between the City of Burlingame and ICF Jones & Stokes, Inc. (ICF), dated March 21, 2023 uploaded onto the City's website. This scope of work assumes that ICF will prepare and submit all State Clearinghouse items (including the Notice of Completion) as well as perform any required coordination with the State Clearinghouse. This scope of work also assumes that the City will distribute the IS/MND to all other recipients, file the Notice of Intent (NOI) with the County Clerk, and handle any additional noticing such as newspaper noticing and posting at the site. Deliverables: ► Up to twenty (20) hard copies of the Public Draft IS/MND. Additional hard copies may be provided at an additional cost (approximately $50 per copy). ► One (1) electronic copy of the Draft IS/MND document in both MS Word and PDF formats. Task 9: Responses to Comments and Administrative Final IS/MND (new task) The purpose of this task is to prepare responses to the comments received on the Draft IS/MND (if necessary) and incorporate these responses into an Administrative Final IS/MND. The Administrative Final IS/MND will include: ► Comments received on the Draft IS/MND, including a list of all commenters and the full comment letters and public meeting transcripts with individual comments marked and numbered; ► Responses to all comments; and ► Revisions to the Draft IS/MND in errata format as necessary in response to comments. If the Draft IS/MND revisions are particularly lengthy, then a "full" revision could be prepared, but this is not assumed in the current budget. All substantive comments for each written and oral comment will be reviewed, bracketed, and coded for a response. This scope of work assumes ICF will prepare responses for up to 20 substantive discrete, non -repeating comments for the Draft IS/MND. Frequently raised comments of a substantive nature may be responded to in a Master Response, which allows for a comprehensive response to be presented upfront for all interested commenters. ICF will identify and recommend possible Master Reponses for City consideration during the initial meeting to discuss strategies for preparing responses. Following the strategy session, ICF will prepare Master Responses (as appropriate) and individual responses to the bracketed and coded comments. Individual responses to each comment letter will be placed immediately after the comment letter. As necessary, responses may indicate text revisions, in addition to clarifications and explanations. All text changes stemming from the responses to the comments, as well as those suggested by City staff, will be compiled into an errata included as part of the Final IS/MND. Following City's and review of the Administrative Final IS/MND, ICF will address all comments received and prepare a Screencheck Final IS/MND and Screencheck Final EIRs for City review to ensure that all comments on the Draft were adequately addressed. \l / Page **ICF 18 Proposal to Prepare CEQA Documentation for the 1499 Bayshore Highway Project in Burlingame, CA Modification 1 to Agreement for Professional Services Between the City of Burlingame and ICF Jones & Stokes, Inc. (ICF), dated March 21, 2023 Deliverables: ► One electronic copy of the Administrative and Screencheck Final IS/MND document in MS Word and in PDF formats. Task 10: Final IS/MND Adoption Hearings, MMRP, and Administrative Record (new task) Based on comments received, the Screencheck Final IS/MND will be revised and appropriate revisions to the IS/MND will be noted. The Final IS/MND will consist of the Draft IS/MND and the Responses to Comments document. Revisions to the Draft IS/MND will be presented as a separate chapter in the Final IS/MND. The revised Responses to Comments document will be submitted to the City for discussion by the decisionmakers. ICF team members will also attend and participate in up to two public meetings. If requested by City staff, ICF will present the conclusions of the IS/MND and a summary of the comments and responses. As part of this task, ICF will also prepare a draft and final MMRP, as required by Section 15097 of the State CEQA Guidelines. The MMRP will be in a tabular format and include: ► The mitigation measures to be implemented. ► The entity responsible for implementing a particular measure. ► The entity responsible for verifying that a particular measure has been completed. ► A monitoring milestone(s) or action(s) to mark implementation/completion of the mitigation. ICF will also compile all the references that are cited as sources in the IS/MND. At the request of the City, ICF would attend additional public meetings as needed. At that time, the remaining budget would be examined and ICF would try to accommodate additional meetings within the budget. However, should additional budget be needed, each meeting would cost approximately $500-$800. Deliverables: ► Five (5) hard copies of the Final IS/MND. ► One (1) electronic copy of the Final IS/MND document in MS Word and in PDF formats. ► One (1) electronic copy of the Draft MMRP in MS Word and PDF formats ► Five (5) hard copies of the Final MMRP ► One (1) electronic copy of the Final MMRP in MS Word and PDF formats; ► One (1) CD copy of the References cited in the IS/MND. ► ICF will also complete the Notice of Determination (NOD) and file it with the State Clearinghouse. The City will post the NOD with the County Clerk. \1/ Page ICF 19 Proposal to Prepare CEQA Documentation for the 1499 Bayshore Highway Project in Burlingame, CA Modification 1 to Agreement for Professional Services Between the City of Burlingame and ICF Jones & Stokes, Inc. (ICF), dated March 21, 2023 3. COST ESTIMATE The approved budget for the Categorical Exemption document and screening analyses and supplemental documentation is $168,372.60. To date, $30,680.25 has been invoiced, leaving a remaining budget of $137,692.35. The cost estimate for the services described above is shown in the table below. As shown, the budget required to complete an IS/MND, associated technical studies, and work already completed is $240,747. Thus, when compared to the approved budget of $168,372.60, ICF requests an additional fee of $72,374.40 to complete the scope of services. ICF will invoice in accordance with the terms established in the original contract. 1499 Old Bayshore Highway - Revised Budget per Task Task 1. Kick-off, Scoping, $5,140.00 Task 1. Kick-off Meeting/Data $7,068.00 and Team Meeting Collection Task 2. Project $4,130.00 Task 2. Project Description $5,330.00 Description Task 3. Admin Draft Infill $142,382.60 Task 3. Subconsultant Technical $84,185.00 Exemption Reports Task 4. Screencheck and $9,700.00 Withdrawn $0.00 Final Infill Exemption Task 5. Project $4,920.00 Task 5. Project Management $11,535.00 Management Task 6 Administrative Draft IS/MND $101,270.00 (new task) Task 7 Screencheck Draft IS/MND $9,920.00 (new task) Task 8 Draft IS/MND (new task) $5,190.00 Task 9 Admin Final IS/MND and RTC $6,030.00 (new task) Task 10 Final IS/MND, MMRP, Admin $8,120.00 Record and Adoption Hearings (new task) ODCs $2,100.00 ODCs $2,100.00 TOTAL $168,372.60 $240,747.00 Requested Amendment Amount $72,374.40 Notes: 1- This estimate includes charges billed to date plus future cost to complete the IS/MND, such as charges authorized for subconsultants. 2 —This estimate does not include the following optional tasks: conduct noise measurements ($5,020), additional direct costs ($1,000). \1/ Page **ICF 20 Proposal to Prepare CEQA Documentation for the 1499 Bayshore Highway Project in Burlingame, CA Modification 1 to Agreement for Professional Services Between the City of Burlingame and ICF Jones & Stokes, Inc. (ICF), dated March 21, 2023 4. SCHEDULE The previously provided schedule, drafted for the completion of a Class 32 Infill Exemption proposed for a project completion by December of 2023. Our preliminary project schedule for the completion of an IS/MND is included as Attachment A. As shown, we anticipate completion of the IS/MND in March 2024 and project approval in April 2024. Our schedule is based on the following assumptions: ► ICF has a stable Project Description by August 11, 2023; ► City's review of technical studies does not result in the need for substantial revisions; ► City comments on technical reports and the IS/MND 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 21 1499 Old Bayshore Highway IS/MND CEQA Schedule ID Task Name Duration Start Finish 12024 Half 2, 2023 Half 1, 2024 M A M J J A S 0 N D J F M A 0 2499 Bayshore Highway IS/MND 275 days Mon 3/20/23 Sun 4/21/24 1 Tasks 1 & 2: Project Initiation/Project Description 104 days Mon 3/20/23 Fri 8/11/23 2 City Counsel Approval for Cost (prior CE) 0 days Mon 3/20/23 Mon 3/20/23 20 3 Project Kick -Off 1 day Tue 4/4/23 Tue 4/4/23 4 Plan Set and Data Response 40 days Mon 5/15/23 Mon 7/10/23 5 Prepare Project Description (PD) City/Applicant Reviews PD and Addresses Data Needs ICF Finalize PD Task 3: Tech Studies 2 wks 2 wks 1 wk 117 days Mon 7/10/23 Mon 7/24/23 Mon 8/7/23 Wed 5/10/23 Fri 7/21/23 Fri 8/4/23 Fri 8/11/23 Mon 10/23/23 6 7 8 9 H.T Harvey Prepares BRA 8 wks Mon 8/14/23 Mon 10/9/23 10 EKI Prepares WSA 34 days Wed 5/10/23 Mon 6/26/23 11 Hexagon Peer Reviews TIA 10 days Wed 5/10/23 Tue 5/23/23 7� 12 City Reviews Technical Reports 5 days Tue 10/10/23 Mon 10/16/23 13 Subconsultants Finalize Technical Reports 5 days Tue 10/17/23 Mon 10/23/23 14 Task 6: Admin Draft Initial Study 75 days Mon 8/14/23 Thu 11/30/23 15 ICF prepares Administrative Draft Initial Study 12 wks Mon 8/14/23 Mon 11/6/23 16 City reviews Administrative Draft Initial Study 15 days Tue 11/7/23 Thu 11/30/23 17 Task 7: Screencheck Draft Initial Study 20 days Fri 12/1/23 Fri 12/29/23 18 ICF prepares Screencheck Draft Initial Study 10 days Fri 12/1/23 Thu 12/14/23 19 City reviews Screencheck Draft Initial Study & EA 10 days Fri 12/15/23 Fri 12/29/23 20 Task 8: Draft Initial Study 26 days Tue 1/2/24 Wed 2/7/24 21 ICF prepares Public Review Draft Initial Study 2 days Tue 1/2/24 Wed 1/3/24 22 ICF submits electronic files and hard copies of final 2 days Thu 1/4/24 Fri 1/5/24 Public Review Draft Initial Study 23 City prepares CEQA Document Declaration, posts 0 days Fri 1/5/24 Fri 1/5/24 1/5 NOI/NOA with County Clerk, and sends NOI/NOA to all properties within 500-ft radius and ICF submits to State Clearinghouse 24 Public review of Initial Study 30 edays Mon 1/8/24 Wed 2/7/24 25 Task 9: Admin Draft ISMND and Response to Comments 25 days Thu 2/8/24 Thu 3/14/24 26 ICF Prepares Administrative Draft MMRP and 3 wks Thu 2/8/24 Thu 2/29/24 Responses to Comments (if needed) 27 City Reviews Administrative Draft MMRP and 10 days Fri 3/1/24 Thu 3/14/24 Responses to Comments (if needed) 28 Task 10: Final IS/MND 25 days Fri 3/15/24 Sun 4/21/24 29 ICF Finalizes IS/MND, MMRP and Responses to 5 days Fri 3/15/24 Thu 3/21/24 Comments (if needed) 30 ICF prepares NOD 0 days Fri 3/22/24 Fri 3/22/24 3/22 31 City prepares staff report, project approval hearing is 30 edays Fri 3/22/24 Sun 4/21/24 held, City files NOD with County Clerk (estimate) Thu 7/27/23 9:26 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. DocuSign Envelope ID: 78644DCB-698F-4E36-B28C-B366E032D231 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF BURLINGAME AND ICF JONES & STOKES, INC. (ICF) 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 $168,372.60, 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. DocuSign Envelope ID: 78644DCB-698F-4E36-B28C-B366E032D231 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 DocuSign Envelope ID: 78644DCB-698F-4E36-B28C-B366E032D231 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 parry 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 DocuSign Envelope ID: 78644DCB-698F-4E36-B28C-B366E032D231 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 parry 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 parry is obligated not to perform any act, such parry 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 501 Primrose Road Burlingame, CA 94010 By: USa k Gbi w�aln Lisa Goldman City Manager Date: 3/21/2023 4 ICF JONES & STOKES, INC. 201 Mission Street, Suite 1500 San Francisco, CA 94105 Lo Robert P. Krusen Associate Contracts Manager Date: 3/21/2023 DocuSign Envelope ID: 78644DCB-698F-4E36-B28C-B366E032D231 Attest: Meaghan Hassel -Shearer City Clerk Approved as to form: soff spatmwt Scott Spansail Assistant City Attorney Attachments: Exhibit A Scope of Work Exhibit B City Insurance Provisions Federal Employer ID Number: 94-1730361 License Number: Expiration Date: DocuSign Envelope ID: 78644DCB-698F-4E36-B28C-B366E032D231 `I '1CF February 6, 2023 Catherine Keylon, Senior Planner 501 Primrose Road, Burlingame, CA 94010 Subject: Proposal to Prepare Environmental Documentation for a New 315,200 SF Office/Research and Development Project at 1499 Bayshore Highway, Burlingame Dear Ms. Keylon, We are pleased to submit this proposal to prepare environmental documentation for a Class 32 Categorical Exemption (CE) and related technical studies for the 1499 Bayshore Highway Project (Project). ICF Jones & Stokes, Inc. (ICF) formed our team to help the City successfully and efficiently prepare an environmental document in compliance with the California Environmental Quality Act (CEQA). We offer a team of highly skilled environmental professionals who will produce legally defensible and comprehensive CEQA documentation, allowing the project to be environmentally cleared and developed as expeditiously as possible. Based on our experience preparing other Class 32 Infill Exemption Documents for similar projects within the City and within areas near sensitive receptors, we expect that this Project can fulfill the requirements to qualify for a Class 32 Infill Exemption. The Project site, totaling 2.97 acres, is located at 1499 Bayshore Highway, and at 810 and 825 Mahler Road. The Project would merge the two existing parcels to create one, demolish three existing buildings, and construct an office and research and development building with associated parking. The proposed building would be eight -stories located at the front of the Project site (along Bayshore Highway), with a seven -story parking garage located at the back of the site (along Mahler Road). The Project would also incorporate a large outdoor plaza on the interior of the Project site adjacent to Mills Creek that would be open to the public. In total, the Project would include 315,200 square feet of office and research and development space, as well as 642 parking spaces. As demonstrated in our proposal, ICF has formed a team of expert staff to successfully and efficiently provide environmental review services for the City. This submittal includes our scope of work, cost estimate, and tentative schedule for the Class 32 Infill Exemption and related technical studies. ICF proposes to invoice costs monthly, on a time -and -materials basis. This proposal is valid for a period of 90 days, at which time ICF reserves the right to revise the contents or extend the validity date, if needed. ICF looks forward to negotiating mutually acceptable terms and conditions and can provide evidence of insurance before the start of the Project. To discuss further how ICF can assist you on this Project, please feel free to contact Jennifer Ostner, our proposed Project Manager, at 503.889.9113 or Jennifer.Ostner@icf.com. We look forward to hearing from you. Sincerely, K &' Robert P. Krusen Associate Contracts Manager 201 Mission Street, Suite 1500, San Francisco, CA 94105 USA +1.415.677.7100 +1.415.677.7177 fax icf.com DocuSign Envelope ID: 78644DCB-698F-4E36-B28C-B366E032D231 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 \I/ Page **ICF 1 DocuSign Envelope ID: 78644DCB-698F-4E36-B28C-B366E032D231 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 \1/ Page **ICF 2 DocuSign Envelope ID: 78644DCB-698F-4E36-B28C-B366E032D231 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. \1/ Page ICF 3 DocuSign Envelope ID: 78644DCB-698F-4E36-B28C-B366E032D231 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 DocuSign Envelope ID: 78644DCB-698F-4E36-B28C-B366E032D231 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 DocuSign Envelope ID: 78644DCB-698F-4E36-B28C-B366E032D231 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@ (TNMO). 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 \1/ Page **ICF 6 DocuSign Envelope ID: 78644DCB-698F-4E36-B28C-B366E032D231 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 DocuSign Envelope ID: 78644DCB-698F-4E36-B28C-B366E032D231 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. \1/ Page **ICF 8 DocuSign Envelope ID: 78644DCB-698F-4E36-B28C-B366E032D231 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 DocuSign Envelope ID: 78644DCB-698F-4E36-B28C-B366E032D231 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: \1/ Page **ICF 10 DocuSign Envelope ID: 78644DCB-698F-4E36-B28C-B366E032D231 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 \l/ Page **ICF 11 DocuSign Envelope ID: 78644DCB-698F-4E36-B28C-B366E032D231 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 DocuSign Envelope ID: 78644DCB-698F-4E36-B28C-B366E032D231 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 DocuSign Envelope ID: 78644DCB-698F-4E36-B28C-B366E032D231 Attachment A Cost Estimate Proposal to Prepare CEQA Documentation for the 1499 February 2023 Bayshore Highway Project in Burlingame, CA ICF / 3 / 0 ) HUM \ ! ! / tM !! DocuSign Envelope ID: 78644DCB-698F-4E36-B28C-B366E032D231 Attachment B Proposed Schedule Proposal to Prepare CEQA Documentation for the 1499 February 2023 Bayshore Highway Project in Burlingame, CA ICF Cl) N 04 N CO O W M Cl) m U tb N m M W V LL 00 rn m U 0 V V M tb r d 0- 0 CD c 0) 07 7 0 O Q M N O N M N O N M L Y 5 m N O N N L m N O N m N L O aJ O aJ t u C: .� O 4., CL aJ x LU W i U r6 N to M Ln L [6 0 U Qi o O C E m U w tZ n ri Q) E r6 Z W N M M M M M M M M M M M M M N M N M N N N N N N N N M N M N N N \ M M N \ N \ \ \ \ \ \ \ \ N \ N \ \ \ -1 N N \ r-I (n \ Ln m m lzt lzt lzt lzt \ N \ O O .1 \ \ \ lD rI N -I r -I r -I r -I r -I M r -I N M N \ \ M O -1 ri \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ O O .1 .1 \ m cn cn Z lD lD lD lD Ln 1- 00 00 m rI rI \ \ rl rl c _0 _0 -0 `� t3 t3 t3 t3 t3 t3 t3 t3 t3 t3 t3 aJ O Q, Q) a, v v v v v v v v v v v v 3 L M (114 M M M M M M M M M M M M M N M N N \ N N N N N N N N N N M N N N \ N M \ \ Ln \ \ \ \ \ \ \ \ \ \ N \ \ \ N \ r-I t0 lD rl lD O O O O O O O Ln M \ rI rI Ln rI O \ M \ \ \ r-I M N N N N N (14 rl -1 M M N \ \ c I r-I M M M f\n (\n � � � � w 1, 0000 0000 a) O� Or -I -1 rl C 0 O O Q1 7 7 3 7 7 7 7 7 7 7 7 7 7 7 7 a1 O mto to T to to to to to to to to to to ! to >- >- f6 > > > > > > > > > > to to to to N 'a c6 c6 'a 'a 01 -O -O -O -O 't3 _0 _0 't3 _0 _0 m m m c6 00 M _0 O Ln W* O O O O O O Ln O Ln O -0 _0 _ 1'1 M O rl rl rl ri zt zt zt �t —I N rI N rI —1 Ln N O N Ln C a) v to 0 Z CL +� "a O to 3 a)Q N oc X v a) s O W Z N u SZ u n Q1 cc c 06 }, �. t c C C r Q 0� L to u O O O M 04mJ c E a) or_Q av c Q) Q) H O c to 7 76 O 76 x O w w + U w L p m c Q Q v LZ � Q 1 c� O Q N U OC ~ to (6 E u Q1 c G u L C c u m to (6 �- L Qi L t O 3 > un Q1 u H N c6 w c c +' p ++ v v c Y Q>i Q- cL6 Q a>i 5 a°1i a0i E �_ LL' �w \ CL E /...! O Q In = w VI L L Q) O TWI o Q O v X VQ z L H 0 Q Q lI l% L z i � � O yi to to a_ to to �U to to to to E In n u L u _ i1 i1 >, v � v U — C D_ (6 c6 Q1 f6 N N (6 N (6 Q1 N LL 0 *= O Y Q) = Q Q CL c > Q > Q > LL H O u L CL i1 i1 (6 L1 BOA QJ �1 Q1 �1 QJ C c U A a+ U Q1 Q \ M D_ D_ = D_ (ID(6 D_ D_ iz 0 \ m4- O L1 4- tA LL LL H Y 4- LL LL. +� LL 4- LL p U D_ D_ i J U U 2 w 2 U U U U U C1 CL U RCT ri O rl N M u1 lD I� 00 01 O N M lf1 lD I- 00 Q1 O rl rl rl rl rl rl rl rl rl rl N C 7 0 N s 3 1]0 c CL Q) C c6 c 0 c6 E 0 c c u 4- O CL Z u N v Q � Lin Un O m N O 0 � O � Z N L LL DocuSign Envelope ID: 78644DCB-698F-4E36-B28C-B366E032D231 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 DocuSign Envelope ID: 78644DCB-698F-4E36-B28C-B366E032D231 H. I 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 Bayshore 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.han)yecology.com DocuSign Envelope ID: 78644DCB-698F-4E36-B28C-B366E032D231 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 Baysbore 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 [CDM). 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 (Tbamnopbis 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 DocuSign Envelope ID: 78644DCB-698F-4E36-B28C-B366E032D231 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 panryi ssp. congdonia), 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 he 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 DocuSign Envelope ID: 78644DCB-698F-4E36-B28C-B366E032D231 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 (Melospi.Za melodiapusillula), 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 DocuSign Envelope ID: 78644DCB-698F-4E36-B28C-B366E032D231 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 allprotected 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 DocuSign Envelope ID: 78644DCB-698F-4E36-B28C-B366E032D231 • 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 DocuSign Envelope ID: 78644DCB-698F-4E36-B28C-B366E032D231 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. Haruey &Associates DocuSign Envelope ID: 78644DCB-698F-4E36-B28C-B366E032D231 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 w W Q� C> > O c N U N Q m o O W O U = W Q x F= 2 0. 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I 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. DocuSign Envelope ID: 78644DCB-698F-4E36-B28C-B366EO32D231 HIGHLIGHTS • 33 years of experience • Avian ecology • Wetlands and riparian systems ecology • Endangered Species Act consultation • Environmental impact assessment • Management of complex projects EDUCATION PhD, Biological Sciences, Stanford University BS, Biology, College of William and Mary PROFESSIONAL EXPERIENCE Princpal, 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 associate/advisory 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 sottenborn@harveyecology.com H. T. HARYEY & ASSOCIATES 408.458.3205 Ecological Consultants Sp Years of field notes, exploration. 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. DocuSign Envelope ID: 78644DCB-698F-4E36-B28C-B366EO32D231 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 K T. HARVEY & ASSOCIATES rcarle@harveyecology.com Ecological Consultants 408.458.3241 Sp 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. DocuSign Envelope ID: 78644DCB-698F-4E36-B28C-B366EO32D231 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 lYlildlife 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 lletland resources intern, Mt. View Sanitary District, 2014 VOLUNTEER EXPERIENCE Volunteer field assistant, USGS Giant Garter Snake Research, 2016 Volunteer larval California tiger salamander pond surveyor, Rancho Seco Nature Preserve, 2015 Volunteer restoration assistant, Grinnell College Center for Prairie Studies, 2003-06 Jane Lien, BS Wildlife Ecology hen harve eC010 COm H. T. HARVEY & ASSOCIATES y z Ecological Consultants 408.458.3288 50 years of field notes, ex p to ra ti a n, 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. DocuSign Envelope ID: 78644DCB-698F-4E36-B28C-B366EO32D231 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 Kaye 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 io kgallagher@harveyecology.com H. T. HARVEY & ASSOCIATES 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) DocuSign Envelope ID: 78644DCB-698F-4E36-B28C-B366EO32D231 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. Ryan J. Hegstad, MS As. Restoration Ecology H. T. HARVEY & ASSOCIATES rhegstad@harveyecology.com Ecological Consultants 408.452.3231 50 years of field notes, ez plc ration, 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. DocuSign Envelope ID: 78644DCB-698F-4E36-B28C-B366E032D231 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 DocuSign Envelope ID: 78644DCB-698F-4E36-B28C-B366E032D231 HIXA60N 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-) 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 DocuSign Envelope ID: 78644DCB-698F-4E36-B28C-B366E032D231 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. DocuSign Envelope ID: 78644DCB-698F-4E36-B28C-B366E032D231 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. DocuSign Envelope ID: 78644DCB-698F-4E36-B28C-B366E032D231 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. DocuSign Envelope ID: 78644DCB-698F-4E36-B28C-B366E032D231 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 DocuSign Envelope ID: 78644DCB-698F-4E36-B28C-B366E032D231 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 DocuSign Envelope ID: 78644DCB-698F-4E36-B28C-B366E032D231 ICF environment 1 February 2023 I & water Page 2 of 4 • 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. DocuSign Envelope ID: 78644DCB-698F-4E36-B28C-B366E032D231 ICF 1 February 2023 Page 3 of 4 PROJECT SCHEDULE ekienvironment & 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 DocuSign Envelope ID: 78644DCB-698F-4E36-B28C-B366E032D231 ICF eki 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. a1'� tj�6�� Anona L. Dutton, P.G., C.Hg. Vice President / Principal -In -Charge ATTACHMENTS Attachment A EKI Schedule of Charges, dated 1 January 2023 environment & water DocuSign Envelope ID: 78644DCB-698F-4E36-B28C-B366E032D231 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. DocuSign Envelope ID: 78644DCB-698F-4E36-B28C-B366E032D231 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/WSM Ps) • 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 DocuSign Envelope ID: 78644DCB-698F-4E36-B28C-B366E032D231 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 DocuSign Envelope ID: 78644DCB-698F-4E36-B28C-B366E032D231 Anona L. Dutton, PG, CHG Pk I 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 DocuSign Envelope ID: 78644DCB-698F-4E36-B28C-B366E032D231 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 DocuSign Envelope ID: 78644DCB-698F-4E36-B28C-B366E032D231 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 DocuSign Envelope ID: 78644DCB-698F-4E36-B28C-B366E032D231 eKi& environment 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 DocuSign Envelope ID: 78644DCB-698F-4E36-B28C-B366E032D231 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 DocuSign Envelope ID: 78644DCB-698F-4E36-B28C-B366E032D231 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 DocuSign Envelope ID: 78644DCB-698F-4E36-B28C-B366E032D231 eKIenvironment & 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 S Education • M.S., Biology, Humboldt State University, 2018 • B.S., Environmental Science (Ecological Restoration), Humboldt State University • Online Geospatial Certificate Program, Humboldt State University 1-2 DocuSign Envelope ID: 78644DCB-698F-4E36-B28C-B366E032D231 Drew Bost P � l 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 DocuSign Envelope ID: 78644DCB-698F-4E36-B28C-B366E032D231 A� o CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 03/08/2023 I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Aon Risk Services Northeast, Inc. New York NY office CONTACT NAME: (a/c°. No. Exf): (866) 283-7122 fl(N/C No.): (800) 363-0105 E-MAIL ADDRESS: One Liberty Plaza 165 Broadway, Suite 3201 New York NY 10006 USA INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURER A: Great Northern Insurance Co. 20303 ICF 3ones & Stokes, Inc. 1902 Reston Metro Plaza Reston VA 20190 USA INSURER B: ACE American Insurance Company 22667 INSURER C: Federal Insurance Company 20281 INSURER D: Continental Casualty Company 20443 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570098223586 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR LTR TYPE OF INSURANCE ADD INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY358124097 0710112023 EACH OCCURRENCE $1,000,000 CLAIMS -MADE X❑ OCCUR Package - Domestic DAMAGE TO RENTED PREMISES Ea occurrence $1,000,000 X MED EXP (Any one person) $10, 000 Contractual Liability PERSONAL& ADV INJURY $1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY � PRO - POLICY Fx1 LOC PRODUCTS - COMP/OP AGG $2,000,000 OTHER: C AUTOMOBILE LIABILITY 7352-29-55 Automobile - All States 07/01/2022 07/01/2023 COMBINED SINGLE LIMIT Ea accident $1,000,000 BODILY INJURY ( Per person) X ANYAUTO BODILY INJURY (Per accident) OWNED SCHEDULED AUTOS ONLY AUTOS X HI RED AUTOS X NON -OWNED ONLY AUTOS ONLY PROPERTY DAMAGE Per accident UMBRELLA LAB EACH OCCURRENCE AGGREGATE EXCESS LIAB HOCCUR CLAIMS -MADE DED RETENTION B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR / PARTNER /EXECUTIVE 71754337 workers Compensation 07/01/2022 07/01/2023 X I PER STATUTE I JOTH- ER E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) ❑ N /A E.L. DISEASE -EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 D E&O - Miscellaneous 652011511 07/01/2022 07/01/2023 Each Claim $1,000,000 Professional -Primary E&O Includes Cyber Overall policy aggr, $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) RE: 1499 Bayshore Highway, Burlingame CA 1 - Professional Liability is a Claims Made policy. There is no Additional Insured status on the Professional Liability coverage. Retroactive Date: 6/25/1999 2 - The City, its officers, officials, and employees are included as Additional Insured, as their interests may appear as respects to General Liability, and Automobile Liability. m cc LO N m Cl 0 r` 0 Z R V d L) CERTIFICATE HOLDER CANCELLATION E_ J?a SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. i2y City of Burlingame AUTHORIZED REPRESENTATIVE r'= 501 Primrose Road Burlingame, CA 94010 USA INN ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 78644DCB-698F-4E36-B28C-B366E032D231 AGENCY CUSTOMER ID: 570000024256 LOC #: ADDITIONAL REMARKS SCHEDULE ACORO® Page _ of AGENCY Aon Risk Services Northeast, Inc. NAMED INSURED ICF Jones & Stokes, Inc. POLICY NUMBER see Certificate Number: 570098223586 CARRIER See Certificate Number: 570098223586 NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Additional Description of Operations / Locations / Vehicles: 3 - where additional Insured status is granted and subject to the standard terms and conditions of the individual policies, coverage is Primary and Non-contributory. 4 - As respects General Liability, Automobile Liability and workers' compensation, A waiver of subrogation is included, but only to the extent permitted by law. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 78644DCB-698F-4E36-B28C-B366E032D231 Workers' Compensation and Employers' Liability Policy Named Insured Endorsement Number ICIF INTERNATIONAL INC. 9300 LEE HIGHWAY Policy Number STE G130 Symbol. RWC Number: Policy Period Effective Date of Endorsement TO Issued By (Name of Insurance Company) ACE AMERICAN INSURANCE COMPANY Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. CALIFORNIA WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because California is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule, where you are required by a written contract to obtain this waiver from us. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. Schedule 1. ( X ) Specific Waiver Name of person or organization: The City, its officers, officials, and employees Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL OPERATIONS CONDUCTED BY AN INSURED PURSUANT TO SUCH WRITTEN CONTRACT 3. Premium: The premium charge for this endorsement shall be 1.0 percent of the California premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Minimum Premium: $0 <5�; Authorized Representative WC 90 03 75 (05/18) DocuSign Envelope ID: 78644DCB-698F-4E36-B28C-B366E032D231 C H U B B° Liability Insurance Endorsement Policy Period Effective Date Policy Number Insured Name of Company Date Issued This Endorsement applies to the following forms: GENERAL LIABILITY Who Is An Insured Additional Insured - Scheduled Person Or Organization Liability Insurance JULY 1, 2022 TO JULY 2023 JULY 1, 2022 3581-24-09 DTO ICF INTERNATIONAL, INC. ICF JONES & STOKES, INC. GREAT NORTHERN INSURANCE COMPANY JUNE 30, 2022 Under Who Is An Insured, the following provision is added Persons or organizations shown in the Schedule are insureds; but they are insureds only if you are obligated pursuant to a contract or agreement to provide them with such insurance as is afforded by this policy. However, the person or organization is an insured only: • if and then only to the extent the person or organization is described in the Schedule; • to the extent such contract or agreement requires the person or organization to be afforded status as an insured; • for activities that did not occur, in whole or in part, before the execution of the contract or agreement; and • with respect to damages, loss, cost or expense for injury or damage to which this insurance applies. No person or organization is an insured under this provision: • that is more specifically identified under any other provision of the Who Is An Insured section (regardless of any limitation applicable thereto). • with respect to any assumption of liability (of another person or organization) by them in a contract or agreement. This limitation does not apply to the liability for damages, loss, cost or expense for injury or damage, to which this insurance applies, that the person or organization would have in the absence of such contract or agreement. Additional Insured - Scheduled Person Or Organization continued Form 80-02-2367 (Rev. 5-07) Endorsement Page 1 DocuSign Envelope ID: 78644DCB-698F-4E36-B28C-B366E032D231 CHUBB" Liability Endorsement (continued) Under Conditions, the following provision is added to the condition titled Other Insurance. Conditions Other Insurance — If you are obligated, pursuant to a contract or agreement, to provide the person or organization Primary, Noncontributory shown in the Schedule with primary insurance such as is afforded by this policy, then in such case Insurance — Scheduled this insurance is primary and we will not seek contribution from insurance available to such person Person Or Organization or organization. Schedule Persons or organizations that you are obligated, pursuant to a contract or agreement, to provide with such insurance as is afforded by this policy. The City, its officers, officials, and employees All other terms and conditions remain unchanged. Authorized Representative Liability Insurance Additional Insured - Scheduled Person Or Organization last page Form 80-02-2367 (Rev. 5-07) Endorsement Page 2 DocuSign Envelope ID: 78644DCB-698F-4E36-B28C-B366E032D231 POLICY NUMBER: 7352-29-55 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR C OVER E D AUT OS L IAB I L ITY C OVERAG E This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: ICF INTERNATIONAL, INC. ICF JONES & STOKES INC. Endorsement Effective Date: 7/1/22 SCHEDULE Name Of Person(s) Or Organization(s): "ANY PERSON OR ORGANIZATION AS REQUIRED BY INSURED CONTRACT". The City, its officers, officials, and employees Information required to complete this Schedule if not shown above will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph Al. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 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— N�An� AGENDA NO: 10m 1... STAFF REPORT MEETING DATE: August 21, 2023 To: Honorable Mayor and City Council Date: August 21, 2023 From: Jeremy Kirshner, Assistant to the City Manager — (650) 558-7229 Lisa K. Goldman, City Manager — (650) 558-7204 Subject: Adoption of a Resolution Authorizing the City Manager to Negotiate and Execute a Professional Services Agreement with Group 4 Architecture to Assist with Preliminary Architecture Services for a New Citv Hall RECOMMENDATION Staff recommends that the City Council adopt the attached Resolution authorizing the City Manager to negotiate and execute a professional services agreement with Group 4 Architecture to assist with consultant services regarding a new City Hall. During its goal -setting session in 2023, the City Council reaffirmed the development of a new City Hall as one of its priorities. City staff has been working with the City Hall Ad -Hoc Subcommittee to assess the preliminary feasibility of designing and constructing a new City Hall. The City is assembling a team to work with City staff and the Ad -Hoc Subcommittee to develop initial information to aid future City Council decision -making. The City's objective is to develop a financially feasible approach to develop a new City Hall by the end of January 2024. On June 20, 2023, City staff released a Request for Proposals (RFP) soliciting two consultants for assistance with different aspects of the new City Hall project: 1. An architecture firm (Architect), which will assist with space planning and cost estimating. The City also has the option of contracting with the same firm for facility design in the future. 2. A real estate advisor (Real Estate Advisor), which will assist with the development and construction approach. The scope of work for the Architect includes the development of the following: A. Existing City Hall Conditions Report B. New City Hall Space Needs Assessment Report C. New City Hall Preliminary Cost Estimate D. Preliminary Community Engagement Plan 1 Professional Services Agreement with Group 4 Architecture August 21, 2023 The scope of work for the Real Estate Advisor includes the following: A. Review of City -owned real property B. Review of privately -owned real property C. Preparation of New City Hall Development and Financing Plans Firms were provided the opportunity to submit an individual proposal or a joint proposal, in which an architect and real estate advisor propose to work together on the project. The City clearly stated in the RFP that it would select its preferred consultant from each discipline, even if the consultant was part of a joint proposal. The RFP was posted on the City's website and distributed to firms identified through a web search. Responses were due on July 31, 2023. A total of eleven proposals (six Architect, two Real Estate Advisor, and three Joint) were submitted and provided to the review panel (Panel). The Panel consisted of the City Manager, Assistant to the City Manager, several department heads, and the City Council Ad -Hoc Committee. All responses were evaluated using the following criteria in the RFP: A. Qualifications and experience of firm and key personnel B. Method for executing scope of work C. Cost D. References The Panel selected Four Architects and two Real Estate Advisors and invited them for interviews to further demonstrate their qualifications. After the interviews, the Panel identified Group 4 Architecture (Architect) and Keyser Marston Associates (Real Estate Advisor) as the preferred consultants. Copies of the Group 4 Architecture and Keyser Marston Associates proposals are attached (Exhibits B and C). The cumulative costs of Group 4 Architecture's prior work for the City of Burlingame and the proposed new City Hall work exceed the City Manager's signature authority ($100,000). Therefore, the attached resolution authorizing the City Manager to sign the agreement has been prepared for the City Council's consideration. The proposed agreement with Keyser Marston Associates does not require City Council approval. The following are the estimated project expenditures: Group 4 Architecture Keyser Marston Associates Total: $78,900 $61,900 $139,800 2 Professional Services Agreement with Group 4 Architecture August 21, 2023 There are adequate funds available in the City Manager's Office budget to cover the project costs. Exhibits: • Resolution • Group 4 Architecture Proposal • Keyser Marston Associates Proposal wJ RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH GROUP 4 ARCHITECTURE TO ASSIST WITH PRELIMINARY ARCHITECTURE SERVICES FOR A NEW CITY HALL WHEREAS, the City Council has a long-standing goal of renovating the current City Hall or constructing a new facility to meet the news of the community, Council, and staff; and WHEREAS, after the Council's 2023 goal -setting session, the City Council established the City Hall Ad -Hoc Subcommittee to explore the financing and construction of a new City Hall; and WHEREAS, on June 20, 2023, the City issued a Request for Proposals soliciting consultant assistance from an architecture firm and a real estate advisor for the new City Hall project; and WHEREAS, on July 31, 2023, all proposals were received; and WHEREAS, a panel consisting of the City Manager, Assistant to the City Manager, several department heads, and the City Council City Hall Ad -Hoc Subcommittee reviewed the proposals; and WHEREAS, four architecture firms and two real estate advisor firms were invited for interviews; and WHEREAS, the panel recommends Group 4 Architecture and Keyser Marston Associates as the preferred consultants; and WHEREAS, the City Manager is able to execute an agreement with Keyser Marston Associates pursuant to her signing authority; and WHEREAS, the cumulative costs of Group 4 Architecture's prior work for the City and the proposed new City Hall work exceed the City Manager's signing authority. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME RESOLVES AS FOLLOWS: The City Manager is authorized to negotiate and execute a professional services agreement with Group 4 Architecture, to assist with preliminary architecture services for a new City Hall. 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 21 st day of August, 2023, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Meaghan Hassel Shearer, City Clerk AI? -- 4 F. woo. 79W L)F BURI riTv wA A A L11 L-1qu W A - IF M w N N - CONTENTS I. Cover Letter......................................................................... 1 II. Qualifications......................................................................3 III. Key Personnel.................................................................... 15 IV. Method for Executing Scope of Work ................................... 21 Schedule......................................................................... 27 V. Fee Proposal....................................................................... 29 VI. References........................................................................ 33 VII. Conflicts and Terminations ................................................. 35 Vill. Standard Agreement........................................................ 37 G R o u P 4 31 July 2023 A R C H I T E C T U R E Jeremy Kirshner, Assistant City Manager R E S E A R C H + CITY OF BURLINGAME PLAN N I N G. INC Via email Re: NEW CITY HALL CONSULTANT ASSISTANCE: A - SPACE PLANNING, 211 LINDEN AVENUE COST ESTIMATING AND FACILITY DESIGN (FUTURE PHASE) SO. SAN F RA N C I S C O Dear Mr. Kirshner and Members of the Selection Committee: CA 94080 USA Group 4 Architecture, Research + Planning, Inc., is pleased to submit our proposal for T : 6 5 0 • s > 1 •0 7 0 9 the City of Burlingame's New City Hall Consultant Assistance project [A. Architect — Space Planning Cost Estimating and Facility Design (Future Phase)]. Group 4 is eager to F : 6 5 0 • s 1 9 1 1 continue our collaborative and productive relationship with the City of Burlingame after g 4 a r c h. c o m recently completing the new Burlingame Community Center —an anchor for community and recreational activity in the heart of Washington Park —and our ongoing work transforming Burlingame Town Center. The City staff and stakeholders utilizing the current City Hall have been patiently waiting for updates to the current city hall, and this initial space planning and cost estimating is a critical first step in realizing a future vibrant and highly functional new city hall for Burlingame. 1 1 L L E Y R E S Group 4 is a California corporation employing 30 architects, planners, A R C H I T E c T construction specialists, and technical support at our sole office in South San Francisco. We have more than 40 years of experience collaborating with our clients at every stage of ANDREA GIFFORD the architecture and planning process — from early assessment and strategic planning A R C H I T E ` T through design, construction, and post -occupancy phases. We work with our clients to JONATHAN HARTMAN develop functional and fiscally responsible facilities that foster staff creativity, A R C H I T E C T collaboration, and innovation and support excellent service to the community. DAWN E. MERKES Our distinctive participatory design process prioritizes feedback on user needs A R C H I T E C T and collaboration with city representatives and other stakeholders. Our proposed DAVID SCHN E E workplan details the steps we will take to ensure city staff and user feedback is A R C H I T E c T incorporated in the scope of work for final deliverables and that the preliminary engagement plan sets the project up for success. C A R O L Y N C A R L B E R G In addition to our decades -long relationship with the City of Burlingame, Group 4 is a A R ` H I T E ` T local leader in the planning and design of civic facilities. Group 4 has excellent G A R Y C H I N G qualifications for this project, including recent civic facility and city hall needs A R C H I T E C T assessments. We completed administrative space planning and construction services for the County of Santa Clara (7th, 9th, and now loth floors of their 70 West Hedding tower HARDING DOWELL in San Jose), studied current and future needs of approximately 100,000 square A R C H I T E C T feet of administrative workspaces for the City of Elk Grove, and performed D A N I E L L A R O S S A assessments for current and future needs for both the City of East Palo Alto and the A R c H I T E c T City of Milpitas, as well as the City of Mountain View City Hall. W I L L I A M L I M A R C H I T E C T Our proposed key personnel include Group 4 principals and associates, each with extensive experience on civic facility space planning, community engagement, and T E R E S A R O M master planning: A R C H I T E C T https:Hg4archcom.sharepoint.com/sites/marketing2O23/shared documents/proposals 2023/061 burlingame new city hall/121 - 061 buringame new city hall_7.31.23.docx (74 31 July 2023 Jeremy Kirshner, Assistant City Manager Page 2 • Principal -in -Charge Dawn Merkes has led many successful collaborations on civic facilities planning and has pioneered successful stakeholder engagement strategies that incorporate client and user feedback and ensure exceptional design responsiveness. She has closely worked with the City of Burlingame on previous planning and design projects, including the new Burlingame Community Center. • Principal Project Manager and Director of Interiors Andrea Gifford has led similar space needs analysis and schematic design re -envisioning existing facilities for various departments of Santa Clara County, as well as for the San Mateo County Library, City of Newark, City of Mountain View, City of Elk Grove, East Palo Alto and Milpitas, among others. • We are pleased to include frequent collaborator and expert Gary Holland from TBD Consultants for cost estimating services. Gary has worked with Group 4 and many planning and design projects, including the new Burlingame Community Center and planning for the City of East Palo Alto, City of Newark, and more. We look forward to your consideration of for this important project and the opportunity to continue strengthening our relationship with the City of Burlingame while developing a civic vision for an efficient and impactful new city hall to serve Burlingame for years to come. This proposal is valid for 90 days upon date of submission. Sincerely, GROUP 4 ARCHITECTURE, RESEARCH + PLANNING, INC. zaa4(e &V,6 ��114C Dawn Merkes nin LEER Andrea Gifford nin LEER Principal -in -Charge Principal Project Manager dmerkes(c g4arch.com 650.291.5960 0 I m qA U z (5 z z z a J d U w V) w w U w U CL v D O ry cD X. s - p' r _ .. W; P ow W. ►r sr AM x fI ULrNsE W ...-4 4 CONTACT INTRODUCTION TO GROUP 4 Group 4 Architecture, Research + Group 4 Architecture, Research + Planning, Inc., is a full - Planning, Inc. 211 Linden Avenue, South San Francisco, service architecture firm dedicated to creating vibrant CA 94080 public places that cultivate dynamic communities. For Dawn Merkes, Principal -in -Charge more than four decades, our inspired and talented staff dmerkes@94arch.com 1 (650) 871-0709 has provided quality services to public clients and the cities, counties, and districts they serve. Our distinctly inclusive design process engages diverse public, staff, and stakeholder groups in shaping the future of their communities. Exceeding our clients' expectations and designing facilities that create and communicate a vision for their communities are key reasons behind the success of our projects and the fact that more than half of our business is for repeat clients. The firm prides itself on forming interactive relationships with clients that incorporate the voices of user groups as well as facility managers. Group 4's priorities of excellence in planning and design result in many long-term relationships with our clients. Our 30-person staff includes licensed architects, planners, interior designers, and technical and construction support specialists. Based in South San Francisco CA, Group 4 has satellite offices in San Diego, Lexington KY, Philadelphia PA, and Seattle WA. Most of our professional staff are LEED accredited. V GROUP 4 EXPERIENCE Group 4 has more than four decades of experience working with public agencies on important community and infrastructure projects. We understand the unique concerns of public clients, including the multi -agency approvals process and the need to demonstrate fiscal responsibility with public funds. Our architectural services range from pre -design through design, construction documents, bidding, construction administration, and post -construction support. Pre -design services include master planning, site selection and analysis, needs assessment, feasibility studies, and programming. We also provide comprehensive interior design services, including FFE, casework, signage and graphics, and more. Over the course of our practice, we have planned and designed hundreds of public facilities, from government offices, libraries, recreation and community centers, and publicsafety buildingsto corporation yards, maintenance facilities, and transportation projects. The projects listed in this section are just a few examples of our planning and design experience relevant to the City of Burlingame new City Hall project. More information about selected examples of our experience are included later in this proposal, as well as select references. LW ENVIRONMENTS THAT WORK Civic and office design is no longer a one -size -fits -all proposition. We're seeing workplaces reinvent themselves from spaces that feel confining and obligatory to places that are inviting and invigorating — where you can share ideas, collaborate, and love what you do. Workplaces must adapt not only to a more diverse work force and evolving technology, but also to an expanding variety of work styles. Group 4 designs work environments to meet our clients' unique organizational cultural vision, functional requirements, and employee and customer aspirations. We understand the need to provide a variety of spaces to meet worker needs — including acoustically -separate spaces for focused work as well as increasingly in - demand collaboration and training spaces — in order to support high quality work, employee health and wellness, and staff retention. Flexibility is a key consideration in our design approach; rather than simply outfitting the entire office in one particular system furniture style, we bring together a rich palette of fun and flexible modular units that can easily adapt to our clients' changing needs. We also carefully plan and design the infrastructure — power/data, lighting, and acoustics — to support change and meet individual and team needs in the near term as well as evolving organizational structures and work flows over time. �o SIMILAR SPACE NEEDS STUDIES Group 4 has extensive experience leading teams conducting space needs studies for public clients and civic facilities. Examples include: • Our work with Santa Clara County includes space planning services for multiple floors of the East Wing of the County Government Center, the 270,000 square foot Berger Campus, and the 23,000 square foot Credit Union Building for Department of Revenue spaces. • We recently developed an administrative space needs study, consolidation feasibility, and implementation strategies for eight departments at the City of Elk Grove currently occupying 190,000 SF split between seven facilities. • We are providing assessments, space planning services, and interior improvements for the 99,000 square foot, 4-story City Hall in Milpitas. • Group 4 is worked with the City of East Palo Alto to develop a facilities plan that supports the entire city government organization to provide safe and inviting work environments that meet the operational needs of all City departments. • We recently conducted a Space Needs Study and Facilities Condition Evaluation for a two -building, 45,000 SF administrative campus at Delta Diablo Water Treatment Center in Antioch. • Group 4 developed a technical assessment of San Rafael's six fire stations, City Hall (including Council Chambers), and two community centers designated as emergency shelters. • Our cost -benefit analysis of renovation vs. new construction of administrative space for the Contra Costa Water District revealed both cost savings and environmental benefits in re -using the existing 1970s building. IN U z z z z a J d U Q w V) w w U w H 2 U Q v O ry CD CITY -OWNED PROPERTIES Cuffent camauses Address A City Hall Campus B Corp Yard Campus C D Library Spe[ial Waste Collection Cente! Vacant single family homes to be demolished/commercial property 8775 Poppy Ridge Rd B675 Poppy Ridge Rd B681 Poppy Ridge Rd 8051 Kammerer Rd ©8011 &8019 1% Vacant land for nroiect nurnoses 6 10251 Grant Line Rd 96.23 AC 7 9697 Johnston Rd 20.45 AC BA Civic Center Drive 1.63 AC 8B Civic enter Drive 4.50 AC Surplus property vacant land No. Address parcel Size )AC) 9 8169 Sheldon Rd 056 AC 10 8165 Sheldon Rd 0.48 AC 11 8340 Sheldon Rd 1.04 AC 12 Intersection of Bond Rd and Grant Line Rd 0.49 AC 13 9255 Disposal In — 16.60 AC s 30 O !� 0 W l O LEASEABLE/ACQUIRABLE Leasea ale/acaulrahle offices spaces/sites No. Address Pmrel Size )AQ 14 Jackson Property 7AC 15 Morena 11,85 AC 16 ul 4.27AC 17 kcir hoc" I :,p !; 2 4.27 AC 18 ❑1, P.c ll(uru pa, Or, r, li.ulCr, various CITY OF ELK GROVE CIVIC FACILITIES MASTER PLAN Group 4 worked with the City of Elk Grove to study administrative space needs and consolidation feasibility for eight City departments currently split between seven facilities totaling over 190,000 square feet. Current properties include two multi -facility campuses, a corporation yard, a special waste and collection center, and a city library building. Group 4 coordinated department and staff space needs assessment with the City Manager, City Clerk, City Attorney, Development Services, Finance and Administration, Economic Development, Public Works, and the Police departments through surveys, department head interviews, and a series of workshops. Current and projected department space needs and adjacency requirements informed development of space planning options (addressing growth and recession scenarios, campus and co -location concepts, and options for both current and prospective facilities), leading to a preferred strategy, summary report, Council presentation, and positioning for implementation. We also worked with the City to develop standards for open workstations. Work included a fit -out study of open workstations and graphic floor plans to determine efficient layouts for each floor, allowing for 39 additional workstations and additional meeting spaces. 00 —� 1" FLOOR Space Concepts — Option B i DRAFT 10.08.19 CITY OF MILPITAS CITY HALL SPACE PLANNING SERVICES Since the City of Milpitas' City Hall first opened in 2002, its population has grown by 20%, city departments have matured and subdivided, technology has advanced greatly — introducing many new opportunities for work applications, communication, and collaboration. Group 4 is providing assessments, space planning services, and interior improvements for the 99,000 square foot, 4-story building. Departments involved in the space planning assessment include: Building and Safety; Human Resources; Planning and Neighborhood Services; City Council (pictured above); City Attorney; City Clerk; City Manager; Finance; Economic Development; and Engineering. Working together with the City, we identified each department's current and anticipated future staffing levels and the associated space and adjacency needs, incorporating industry best practices for workplaces and public facilities. The process aims to improve staff workflow, efficiency, and well- being. The City's preferred space plan option will be carried through design phases and construction oversight. a U z z z z a J d U Q w to w w H U w H 2 U Q v CL D O ry CD i, 150 Tara Road ,300 SF rare 3aeei 5,00000 SF Lot size: 0.26 acres ' Community and Economic Development Department (Planning, Building and Administration Division) and Public I. Works' Engineering Division GROUP 4 ARCHITECTURE EAST PALO ALTO 219 Demeter Street 7,000 SF (leased) Lease expires 11/1/2021 plus (3)1-year extensions 11/1/2024 Police Property Evidence 10/31/2025 taton, Investigation, Patrol, Training and Facilities Operated and Owned 1. Jack Farrell Park — City Park ' 2. MLKPark — City Park 3. O'Connor Pump Station — Drainage Distribution Pump House 4. Public Works —Tate Street + - Facilities Owned, Not Operated 5. Pool House — Operated by YMCA 6. Senior (enter — Operated by Senior Inc. 7. David Lewis Community Re-entry — Operated by SMC 8. Cummings Park Loft Former RDA Facilities in Dissolution Trust— _ !— .. To be transferred to City (Owned/Operated) 9. Cooley Landing — City Park _ 10. Pad"D"Well — Groundwater Well 11. Rail Spur Trail 12. 1798 Bay Road — Former Clinic 0 16M , ff AM EAST PALO ALTO CITY FACILITIES SPACE PLANNING SERVICES Over the next ten years, East Palo Alto City staff is expected to increase by 21-44%. This staff growth is directly impacted by the expected growth in population due to the amount of planned development the City is currently expecting. The feasibility of accommodating all near -term, interim, and future employees was evaluated. Group 4 worked with the City to develop a facilities plan that supports the entire city government organization to provide safe and inviting work environments that meet the operational needs of all City departments. 0 POTENTIAL SITES FOR A NEW CIVIC CENTER ACommunity Silliman Silliman Silliman Park Site BCenter Site Center Site E DCenter Site W CITY OF NEWARK MASTER PLANNING The City of Newark has commissioned Group 4 for multiple planning projects. Group 4 previously provided the master planning services for the Newark Civic Center. Scope included facilities evaluation, departmental coordination, and community outreach. A needs assessment informed the New Civic Center vision, the identification of potential sites, site strategy, and conceptual building programs. Group 4 also developed a construction phasing plan, cost model, and financing strategies for the preferred site and site strategy. Group 4 is also currently completing another master plan effort for the City, evaluating all 24-owned municipal buildings for future needs, current gaps, and associated action plans. U Z Z z Z a J d U Q w V) w w U w H 2 U Q v CL D O ry CD CITY OF PACIFICA CIVIC FACILITIES STUDY / CIVIC CENTER RENOVATION The Pacifica Civic Center project will renovate Pacifica's City Hall, a re -purposed 1920s historic schoolhouse (5,900 sf), and adjacent staff building (5,700 sf) into a cohesive civic campus for the City, with co -located staff departments, meeting and collaboration spaces, and a one -stop shop for permitting. The site will be transformed with a new pocket park and gathering space for the community along with pedestrian -friendly walkways, upgraded parking, and native landscaping. The exterior of City Hall will be rehabilitated to its original historic schoolhouse look, preserving this treasured piece of local history for years to come. The exterior of the adjacent staff building will be modernized with a new fagade that creates a civic presence and complements the adjacent City Hall. The interior of both buildings will be renovated, significantly improving functionality and use, and creating welcoming, comfortable, spaces for visitors and City staff. The current project, which is in the construction documents phase, builds on and continues Group 4's work with the City in the 2020 Pacifica Civic Facilities Study. The project bid successfully and construction began in summer of 2022. N l • • ,� ��� • I �C Hry PLANNINGPwa cwa ADOff, a y • • • I• ACCTILI. -_ �� i❑ c�R��� I 10 l 2MIT Conceptual Design Bubble Diagram - Option 1 solu,ussFl i x.ssas i w�r.eoosr.00ma+� u•unow xw RxAa sFl-�_ I so R�se�s��' m•n+m� n'i ' ...aa� �.R2uo sFl Proposed Regoired Difference,. Area Area ROV 40,141 SF 39,538 SF 603 SF uxer ISD 73,230 SF 71,730 SF 7,500 SF CONTROLLER 3,440 SF 2,995 SF 445 SF CEPA+DEH 52,171 SF 50,837 SF 1,340 SF CLARA COUNTY SPACE PLANNING SERVICES Group 4 has performed administration/workstation and space design services for the County of Santa Clara. Projects have included: • 70 West Hedding 7th, 9th, and loth Floor Redesigns. The County commissioned Group 4 to redesign the 7th floor of the East Wing of the County Government Center, serving multiple County departments. Group 4's office space designs improved functionality and customer service, internal and external collaboration, maximized space efficiency, and promoted comfort, safety, wellness, and productivity. Group 4 also provided space planning, interior and casework design, furniture selection, and limited construction administration services. The County later asked for similar services for the building's 9th, and now loth, floors. • Berger Campus Space and Site Feasibility Study. Two buildings of the County's Berger Campus totaling 270,000 SF were studied to maximize space efficiency, organizational flexibility, and customer service, and meet current ADA, Title 24, and workplace standards. Space and site needs assessment led to a refinement of conceptual design options and development of a space plan and project budget. • DOR Space Study. Group 4 studied the consolidation of Department of Revenue spaces as part of the adaptive reuse of a 23,000 SF Credit Union building. Work included facility assessment, Department needs confirmation through staff surveying, program confirmation, conceptual design, and code and parking studies. M r— U z z z z a J d U Q w V) w w U w U Q v O De CD BURLINGAME COMMUNITY CENTER The Burlingame Community Center, located near downtown Burlingame in the heart of Washington Park, is a vital and highly -used community amenity, providing a broad offering of recreation services and programs for all ages. The existing building was nearing the end of its useful life — aging systems and finishes were subject to increasingly frequent repairs, while the size and layout limited the Center's ability to offer modern programming. To plan for a new community center, Group 4 worked closely with City staff, stakeholders and the community to assess community needs for recreation services, explore building program concepts, review potential site alternatives, and develop options for renovation, expansion, and new construction. The community's preferred development option was a new community center in its existing location within the park. Multi -generational spaces such as a large multipurpose program and performance space, dance and fitness spaces, art and maker spaces, and classrooms for flexible use were identified as high priorities, in addition to spaces dedicated to children's, teen, and senior programming. Indoor -outdoor opportunities were identified to activate recreation programming, with park amenities including a playground, picnic area, and multi -use sports court. The new two-story 36,000 sf community center, designed as "pavilions in the park," arose out of wide -spread community outreach, which identified the community's desire to create an inviting destination celebrating the beautiful and natural setting in Washington Park. The community center is zero net energy, powered by rooftop solar panels, and also includes a green roof, an emergency back-up generator so that the center can be a gathering place during emergency events, and sustainable finishes and landscaping. The building opened in June 2022. v AAC' • I ............ . . . . . . . Z�l 11 U z z z z a J d U w V) w ce w U w U Q v O ry 0 KEY PERSONNEL We are pleased to present a project team led by Group 4 principals, each bringing decades of experience working on various architectural and planning projects for public clients. • Principal -in -Charge Dawn Merkes AiA LEED is recognized for her public planning and design process that consistently leads to effectively -managed, successful, and well -supported projects. Dawn has worked with the City of Burlingame on the design and planning of the new Burlingame Community Center and led similar planning projects in Pacifica and Elk Grove. • Principal Project Manager and Director of Interiors Andrea Gifford RA LEED leads Group 4's civic facilities planning team. Her work with clients such as the cities of Elk Grove, East Palo Alto, and Mountain View have resulted in forward -looking plans for municipal facilities that support efficient and effective operations and service for the future of their communities. She is also a talented designer, creating vibrant designs that reflect and celebrate each community's unique values. Subconsultant Team • Group 4 has worked with TBD Cost Consultants' Senior Estimator Gary Holland for decades on a wide variety of public projects; he is a key reason for our successful record in accurate project budgeting. Gary recently worked with Group 4 on the new Burlingame Community Center and planning projects for the City of Newark and Santa Clara County. DAWN MERKES AIA LEED PRINCIPAL -IN -CHARGE Award -winning architect Dawn Merkes has excellent experience planning and designing a wide range of community projects, including administrative, office, and civic facilities space plans and public safety projects. Dawn's design and planning projects are characterized by a high degree of functionality and operational efficiency, and excellent budget and schedule performance. The foundation for the success of Dawn's projects is her commitment to active communication with client project management at every phase. She is highly skilled at helping clients envision, develop, and implement successful projects, including complex, multi -facility civic campuses. EDUCATION AND REGISTRATION Bachelor ofArchitecture, Montana State University, Bozeman Registered Architect, State of California, C24206 LEED Accredited Professional BD+c REPRESENTATIVE PROJECTS • Burlingame Community Center • Pacifica Civic Facilities Master Plan • Pacifica Civic Center • South San Francisco Civic Center Master Plan • Santa Clara County Fire Department Master Plan • Elk Grove Civic Center South Campus Master Plan • Elk Grove Community Senior Center • Larkspur Rose Garden Community Facilities Master Plan • Alameda Parks & Recreation Facilities Master Plan • San Mateo Recreation Facilities Master Plan • San Rafael Essential Facilities + Civic Center Plan • Newark Civic Center Master Plan • Menlo Park Police Station + City Hall • Campbell Civic Center East Master Plan • Foster City Civic Center Master Plan • San Anselmo Community Facilities Master Plan • Palo Alto Mitchell Park Library + Community Center • Palo Alto Rinconada Library Renovation + Expansion • Palo Alto Downtown Library • Walnut Creek Library • Milpitas Public Library • San Leandro Senior Community Center • West Sacramento Community Center off n. - Newark Civic Center Master Plan Burlingame Community Center U Z Z z Z a J d U w V) w ae w U w U Q v O ry cD .14 r 14 1. Staff workshop for the East Palo Alto Civic Facilities Master Plan Santa Clara County Space Planning ANDREA GIFFORD RA LEED PRINCIPAL PROJECT MANAGER / DIRECTOR OF INTERIORS Andrea Gifford works with clients and communities to create functional spaces, fluid circulation, and vibrant design solutions. Her designs are as unique and diverse as the communities they serve, reflecting and celebrating distinctive local culture and values. Andrea excels at working with staff, stakeholders, and community members of all ages, with an engaging facilitation style that helps participants imagine new possibilities for community facilities. Andrea has developed a specialization in civic facilities master planning and design. Recent projects include master plans for civic facilities in Elk Grove, Mountain View, Milpitas, and East Palo Alto. She has planning and designed more than 350,000 SF of office spaces for Santa Clara County as well as administrative office planning for San Mateo County Library, Contra Costa Water District, and other agencies. EDUCATION AND REGISTRATION Bachelor of Science, Architectural Studies, University of Illinois, Urbana -Champaign Registered Architect, State of California, C32830 LEED Accredited Professional iD+c REPRESENTATIVE PROJECTS • Elk Grove Civic Facilities Master Plan • East Palo Alto Civic Facilities Master Plan • Mountain View City Facilities Master Plan • Newark Civic Center Master Planning • San Mateo County Library Administration Spaces • Contra Costa Water District Center Bldg. Modernization • Santa Clara County A/E Services On -Call Contract - 70 West Hedding 7th Floor Redesign - 70 West Hedding 9th Floor Counsel Office Space - 70 West Hedding 10th Floor BOS Space Planning - Berger Campus Space Planning - BHSD Space Design - DOR Credit Union Space Design • South San Francisco City Hall Annex • Delta Diablo Water District Administrative Space Planning • San Jose Environmental Innovation Center • San Jose Roosevelt Community Center • San Rafael Albert J. Boro Community Center • West Sacramento Community Center • Brookfield Recreation Center w Mconsultants more value, less risk CONTACT US OUR PROFILE Orinda, CA We are a certified small business enterprise dedicated to the 93 Moraga Way, Orinda, Ste. provision of excellence in construction cost management and 206, Orinda, CA, 96503 project management services to owners and their professional Phone: (415) 981-9430 consultants. Los Altos, CA We specialize in developing construction cost estimates based 2063 Grant Road on the most conceptual information as well as the detailed and Los Altos, CA 94024 complex later stages of design. We are also expert in project Phone: (650) 386-1728 delivery, schedule analysis, and project controls services. Sacramento, CA 6518 Lonetree Boulevard Our clients rely on our ability to provide them with defensible and Suite 154 reliable information at all stages of their project. They also Rocklin, CA 95765 depend on our expertise to control time and budget and Phone: (415) 872-0996 manage risks throughout the project, from inception to completion. San Diego, CA 4655 Cass Street OUR PROJECT & COST MANAGEMENT EXPERIENCE San Diego, CA 92122 Phone: (619) 814-6793 • Cost Management 0 Constructability Reviews Seattle, WA 0 Project Management 0 Claims Settlement 8538173rd Avenue NE 0 Project Controls 0 Dispute Resolution Redmond, WA 98052 0 Schedulin Phone : (206) 571-0128 9 • Quantity Surveys/Audits Los Angeles, CA 7083 Hollywood Blvd, 4th floor Los Angeles, CA 90028 Phone : (424) 343-2652 Dublin, Ireland 78 Heathervue, Greystones, Wicklow, A63Y997 Phone : +353 86-600-1352 W EBSITE: www.tbdconsultants.com EMAIL: info@tbdconsultants.com OUR PROJECT EXPERIENCE • Health Care Facilities 0 Hospitality & Entertainment • K-12 & Higher Facilities Education Facilities Aviation Facilities • Research Laboratories • Hi -Tech Office Facilities & Data Centers • Multi -Family & Luxury Residential • Museums & Art Galleries • Commercial Office Buildings • Industrial & Manufacturing Facilities project Management I Construction Cost Management f Los Angeles Sacramento Los Altos San Diego Seattle Maine Onndo Dublin (Ireland) r PROFILE Gary Holland is a Principal at TBD Consultants working on all aspects of Cost Planning focusing on Public, Healthcare and Institutional sectors. Prior to joining TBD, he was an Associate Director and Senior Estimator at Davis Langdon and AECOM, where he spent 32 years working for the worldwide construction cost planning and management firm providing cost management services to architects, design professionals, owners, institutions and government agencies throughout the United States. CONTACT PHONE: (415) 872-0996 W EBSITE: www.tbdconsultants.com EMAIL: Gholland@tbdconsultants.com ADDRESS: 6518 Lonetree Blvd. #154 Rocklin, CA 95765 Cori$L)Itonts oftwi, lwije, iev-q rlwk GARY HOLLAND Principal EDUCATION Architecture and Construction Management, West Valley College, Saratoga, California, 1982 CERTIFICATIONS/AFFILIATONS Certified Professional Estimator (CPE) with the American Society of Professional Estimators (ASPE) Member of the American Institute of Architects (AIA) OVER 40 YEARS OF INDUSTRY EXPERIENCE REFERENCES Jason Hull, Anderson Brule' Architects (408)-298-1885 Dawn Merkes, Group 4 Architecture, Research + Planning, Inc. (650)-871-0709 Jonathan Hartman, Group 4 Architecture, Research + Planning, Inc. (650)871-0709 0 N O O JA boo K PROJECT UNDERSTANDING The City of Burlingame City Hall currently falls short of meeting the needs of the city staff and community users. Floor plans for the 25,800 square foot facility are inefficient and out of date, hampering the work of city staff and do not promote collaboration or hybrid working environments. A lack of functional office space, meeting rooms, and visitor parking are other key programmatic limitations facing the current building. Technically, challenges include no significant maintenance upgrades since the building's original construction in 1970 and the facility not meeting current seismic standards. Asbestos coating over the ceiling has made performing major repairs or renovations too costly. Mechanical, electrical, and plumbing systems and infrastructure are also out- of-date and in need of significant maintenance. City Hall is occupied by seven city departments and includes the City Council Chambers —approximately 70 employees occupy City Hall on a typical day. Now, following the 2023 goal -setting session from Burlingame City Council, the City of Burlingame is seeking an architect and real estate advisor to work with City Staff and the City Council Ad -Hoc Subcommittee to develop initial research and information to aid future City Council decisions on the feasibility of designing and constructing a new City Hall. The City is seeking an Architect and Real Estate developer to perform the initial scope of services and will select the preferred option from each discipline. N 04 A PARTICIPATORY APPROACH Group 4 is proposing a collaborative and interactive approach for this project that we have used successfully on other similar projects. Our proposed approach for this project includes engagement of the following groups: • The Project Management Team (PMT) will include the City's project manager, key City staff representatives, City Council Ad -Hoc Subcommittee and Group 4's core project team. Additional City representatives may also be invited to participate in specific PMT meetings depending on the agenda topics. Group 4 will meet with the PMT at key intervals throughout the project to review progress and ensure efficient decision -making. Meetings may be held on site in Burlingame or via web conference. • Department leadership will have multiple opportunities to engage in the project. Early in the project, we will solicit information about current and projected department staffing (including growth drivers), anticipated service changes and work trends that may affect the amount or type of space that each department may need, and goals for inter -department collaboration. We will conduct follow-up interviews with key department representatives to confirm our understanding of their respective space and adjacency needs. Department staff will also participate in an online survey about day-to-day needs for work and support space, as well as intra- and inter -departmental collaborations. BASIC SERVICES We have developed our proposed work plan based on our understanding of the project and our experience on similar projects. The work plan on the following pages includes the services of architects experienced in public agency offices and municipal facilities; other than a cost consultant, no engineers or specialty consultants are included in our Basic Services proposal. A graphic timeline of our work plan follows the narrative. Our proposed work plan and timeline have not yet had the benefit of input from the City, and we look forward to working with you to refine them to meet your scope and budget needs. M 04 U z z z z a J d U Q w V) w ae w U w U CL v D O ce CD 11 04 PROJECT COORDINATION We will facilitate a kickoff meeting with the PMT where we will confirm project goals and objectives; review the project work plan, schedule, and budget; and confirm project management and communications tools and protocols. We will review City -provided documents, including existing site and floor plans for City Hall relevant previous studies (e.g., organizational, staffing, facility studies). 3.1.1 EXISTING CITY HALL CONDITIONS We will conduct an analysis of the City's existing operations at the City Hall. We will start by touring City Hall with City representatives knowledgeable about current services and operations; the purpose of these tours will be to generally familiarize our team with the opportunities and constraints of each building. We will review the City's as -built drawings and will summarize opportunities and constraints for the building from various perspectives, such as space capacity, support for direct public service, general parking availability, etc., and compile this analysis into a draft Existing Conditions Report. We will deliver three hard copies and one PDF copy to the City for review and comment and incorporate feedback into a final Existing Conditions Report. Task 3.1 .1 Meetings • PMT meetings #1-2 Task 3.1 .1 Deliverables • Project work plan and schedule • Final existing Conditions Report 3.1.2 NEW CITY HALL SPACE NEEDS ASSESSMENT REPORT We will develop draft department and staff space needs surveys for PMT review and confirmation before digital distribution: • Department head survey regarding current and projected department staffing; current and anticipated future services and work trends; and inter -department adjacencies, collaboration needs and goals. • Staff user survey about day to day needs for work and support space, as well as intra- and inter -departmental collaborations. We will compile and summarize the results of both surveys for PMT review. We will also conduct follow-up interviews (in person or via web conference) with key department representatives to confirm our understanding of current and future organizational, service, staffing, and work needs and trends that will shape the development of the space plan options. We will summarize industry standards, trends, and best practices in work environments, including discussing opportunities for operational efficiencies and other health and well-being benefits such as outdoor amenities, and compiling recommendations aligned with City goals. We will explore opportunities for community meeting spaces as well as meeting rooms for City Council members and parking needs for both staff and visitors will also be explored. A preliminary conceptual layout will be prepared and reviewed based on all the information gathered during the space needs assessment phase. Space Needs Assessment Report We will summarize current space allocations, including meeting room and parking needs and prepare a draft Space Needs Assessment Report of current and projected space, adjacency needs for each City department as well as the proposed conceptual layout. We will deliver three hard copies and one PDF copy to the City for review and comment. We will incorporate City feedback into a final Space Needs Assessment Report. Task 3.1 .2 Meetings • PMT meetings #3-4 • Department interviews Task 3.1 .2 Deliverables ^ FLOOR Space Concepts - Option B Is there anything about your current workstation that works particularly well? .naaN�� • L do with limited noise level • High wills offer more prwoq to work effi<iemly (free from distrotli—) • Yew of . window from desk • Drafting table is beneficial • Shared space between permit techs • Ex chair for impromptu meering spo<e • Final Space Needs Assessment Report LIM N .•;• G4. b'& : 3.1.3 NEW CITY HALL PRELIMINARY COST ESTIMATE Working with City staff and the real estate advisory, we will develop draft preliminary cost estimate reflecting the conceptual space plan recommendation for up to the three potential city -owned sites including a rough order of magnitude cost, planning and community engagement fees, proposed phases/timelines, and associated next steps. Final preliminary cost estimate will be prepared based on City staff review and comments. Task 3.1 .3 Meetings PMT meetings #5-7 Task 3.1 .3 Deliverables Draft and Final Cost Estimates for up to Three Sites 3.1.4 PRELIMINARY COMMUNITY ENGAGEMENT PLAN If a financially feasible plan can be established based on the previous work to date, we will work with City staff to identify and plan a community engagement plan to gather feedback on the design and build support from the community for a the new City Hall. Task 3.1 .4 Meetings PMT meetings #8 Task 3.1 .4 Deliverables Preliminary Community Engagement Plan 3.1.5 ONGOING COMMUNICATION We will participate as needed throughout the project and as identified in the work plan and graphic timeline. As required monthly status reports will be provided. �0 N CITY OF BURLINGAME BURLINGAME NEW CITY HALL CONSULTANT ASSISTANCE A. ARCHITECT - SPACE PLANNING, COST ESTIMATING AND FACILITY DESIGN (FUTURE PHASE) DRAFT WORK PLAN 1 2023-07-31 GROUP 4 r ARC H ITFCTU RE This page is intentionally left blank. C m m m U z (5 z z z Q J d U ry Q w V) w w U w H U ry Q v CL D O ry C� M LJ L I NCBP6,ME� COST PROPOSAL Group 4 proposes the following proposed not to exceed fees which are inclusive of all the basic services outlined in the work plan narrative. We welcome the opportunity to review our proposed fees in detail with the City and make adjustments to scope, approach, or fee to optimally align with your needs and budget. 3.1.1 Existing City Hall Conditions Report $16,800 3.1.2 New City Hall Space Needs Assessment Report $33,600 3.1.3 New City Hall Preliminary Cost Estimate $20,000 3.1.4 Preliminary Community Engagement Plan TBD 3.1.5 Ongoing Communications Included above TOTAL FEE = Reimbursable Allowance = $70,400 $1,000 0 M G R O U P 4 A R C H I T E C T U R E R E S E A R C H + PLAN N I N G, INC 211 LINDEN AVENUE SO. SAN FRANCISCO CA 94080 USA T:650.871.0709 F:650.871.7911 w WW. g4arch. com 1 I L L E Y R E S A R C H I T E C T AND REA G IF F OR D A R C H I T E C T JONATHAN HARTMAN A R C H I T E C T DAWN E. MERKES A R C H I T E C T DAVID SCH NEE A R C H I T E C T CAROLYN CARLBERG A R C H I T E C T G A R Y C H I N G A R C H I T E C T HARDING DOWEL L A R C H I T E C T DANIEL LAROSSA A R C H I T E C T W I L L I A M L I M A R C H I T E C T T E R E S A R O M A R C H I T E C T SCHEDULE OF PROFESSIONAL SERVICES Effective I January 2023 Hourly Rate Principal in Charge $260.00 Principal $250.00 Associate $230.00 Project Manager $195.00 Architect III $190.00 Architect II $180.00 Architect 1 $175.00 Architectural Staff III $165.00 Architectural Staff II $155.00 Architectural Staff I $145.00 Interior Designer II / Planner II $155.00 Interior Designer I / Planner 1 $145.00 Project Support $120.00-$240.00 Consulting Principal $320.00 Consultants to the Architect will be billed at 1.15 times direct cost. Reimbursable expenses related to the project, whether for in-house, consultant or client use, will be billed at 1.15 times direct cost. Such expenses include, but are not necessarily limited to: • Plotting of check sets and presentation drawings. • Outside service scanning, printing, copying of drawings and documents of any size. • In-house project -related printing/copying (black/white and color), including draft and final reports, specifications, and drawings. • Outside telephone conferencing services. • Postage, delivery and messenger service. • Overtime expenses with prior client approval. • Architectural renderings, physical and digital scale models and animations. • Videos, web services, opinion surveys. • Travel expenses, including mileage, tolls, lodging and meals. • Sub -consultant costs. • Presentation boards. • Facilitation tools. • Workshop accessories and facilitation materials. • Software purchase and licensure on behalf of the client. The above -listed rates are adjusted annually. The next adjustment will be 1 January 2024 U Z C5 Z z Z Q J _ U CIL W U) LU Cie LU ce U LU H U Q CL D 0 V G:I ProjectResources lY-COntractUientlExhibitB Compensation l Group 4Rate Table 2023.docx r M 1 1 1 Pine Street Suite 1315 San Francisco CA 94111 sconsultants Phone 415 981-9430 Fax 415 981-9434 more value, less risk info@tbdconsultants.com Fee Schedule 2023 Hourly Billing Rates for 2023 Principal $250 per hour Project Manager $225 per hour Senior Estimator / MEP Estimator $225 per hour Senior Project Controller / Senior Scheduler $225 per hour Estimator / Scheduler / Project Controller $215 per hour Assistant Estimator / Assistant Project Controller $185 per hour Administrative / Technical Support $100 per hour Travel Above rates include travel costs within the San Francisco Bay Area, any travel required outside the San Francisco Bay Area is excluded and will be billed at cost plus 10%. Reimbursable Expenses The above rates include for production and distribution of all requested documentation. Expenses such as drawing reproduction, courier services, special mailing services (Federal Express, Express Mail etc.), and other abnormal costs are excluded and will be billed at cost plus 10% administration. M Project Management I Construction Cost Management F2.55, Zt -- PUBLIC WORK -* _ T ii Ili [J _rE.GONOMIC .�._ DEV�LOP,J,AENT --- - — - --- I.T. 1 I _ 'DEVBLOPM ENT SERVICES I SECOND FLOOR U z z z z a J d U w V) w ce w U w U CL v D O ry CD - 6x6 workstations 6 - 8x8 workstations 47 - 8x10 workstations 7 .. ... • (N) # of workstations 60 (E) # of workstationn s (no changes) 38 (E) # of workstations (E) layout 68 workstations (E) # of enclosed offices 27 - (N) 6x6 workstations 5 (N) 8x8 workstations 26 (N) 8x10 workstations 1 (N) # of workstations 32 (E) # of workstations (no changes) 34 +9 (E) # of workstations (E) layout 57 workstations - (N) 6x6 workstations 11 (N) 8x8 workstations 73 - (N) 8x10 workstations 8 (N) # of workstations 92 • (E) # of workstations (no changes) 72 1 (E) # of workstations (E) layout 125 i workstations „ (E) # of enclosed offices 43 i # workstations + (E) offices 207 (E) SF of meeting rooms 1,800 SF (N) SF of meeting rooms 1,200 SF (E) SF + (N) SF of meeting rooms 3,000 SF %of area of meeting rooms 7% REFERENCES Humza Javed Director of Public Works, City of East Palo Alto p: (650) 853-3130 e: hiaved@cityofepa.org Jason Behrmann City Manager, City of Elk Grove p: (916) 627-3423 e: iehrmann@elkgrovecity.org Damian Skinner Assistant Public Works Director, City of Mountain View p: (650) 903-6237 e: damian.Skinner@mountainview.gov Sam Bautista Director of Engineering & Public Works, City of Millbrae Formerly worked with G4 while working for South San Francisco and Pacifica p: (650) 259-2339 e: sbautista@ci.millbrae.ca.us v M i r ■ow AA�f�� IN I 0 t 122! - _ I CONFLICTS AND TERMINATION Group 4 is not aware of any conflicts of interest that would affect our ability to provide excellent service to the City of Burlingame under the proposed contract. Group 4 has had no terminations of a contract with a public agency within the past 5 years. �o M JIM Y� W i---- <vJ 7 SAMPLE CONTRACT COMMENTS Group 4 has reviewed the City's sample Professional Services Agreement and has identified certain minor modifications that we would request the opportunity to discuss with you. We have negotiated similar agreements with many public clients in the past — including the City of Burlingame — and we are confident that we can work with you to develop a contract that is fair and agreeable to all parties. • Paragraph 7 — "Consultant shall use due professional care to comply..." Z• Paragraph 12a — Please delete "volunteers and agents". z • Paragraph 12b — Please modify to read: "If Consultant's obligation to defend, Q 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 Uis fully incorporated herein, Consultant's indemnification obligation shall be w limited to claims to the extent actually caused by the negligence, recklessness, LUor willful misconduct of the Consultant, and, upon Consultant obtaining a w 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 v proportionate percentage of fault. Consultant has no obligation to provide an LU immediate defense or to pay for any of the indemnitees' defense related cost v prior to a final determination of liability." Q Paragraph 28 — Please change title to "Timing" and modify the paragraph to read: "Consultant's services under this Agreement shall be performed as expeditiously as is consistent with professional skill and care and the orderly rV progress of the Work. In no event shall the Consultant be responsible for delays cD from all causes beyond its reasonable control." • Section 11 — Please note that Group 4 does not own automobiles and does not M carry owned auto insurance. This page is intentionally left blank. G R O U P 4 A R C H I T E C T U R E R E S E A R C H + F L A N N I N G, I N C 211 LINDEN AVENUE SO. SAN FRANCISCO C A 9 a 0 8 D U S A T: 650. 871.0709 Proposal: New City Hall Consultant Assistance Real Estate Advisor: Development, Construction and Financing Approach Submitted to: City of Burlingame July 2023 Lff, KEYSER MARSTON ASSOCIATES, INC. City of Burlingame I Proposal: New City Hall Construction Assistance- Real Estate Advisor: Development, Construction and Financing Approach Table of Contents 5.2 Qualifications and Experience 5.3 Key Personnel 5.4 Scope of Work 5.5 Fee Proposal and Schedule 5.6 References 5.7 Conflicts and Termination 5.8 Standard Agreement City of Burlingame I Proposal: New City Hall Construction Assistance- Real Estate Advisor: Development, Construction and Financing Approach 1 1 5.2. QUALIFICATIONS AND EXPERIENCE A. General Firm Qualifications Keyser Marston Associates, Inc. (KMA) is a land use economic advisory firm based on the West Coast. Founded in 1973, the firm has served over 600 clients on more than 2,000 projects, including some of the most high -profile public/private partnerships in California. The firm's public sector clients include nearly every major municipality in California, as well as counties, ports, special districts, universities, and former military bases. While we are best known for our role as advisors to public sector and institutional clients, we also have an extensive private -sector practice, which primarily serves corporations, law firms, and landowners. We have office locations in Berkeley, Los Angeles, and San Diego. Now in our 50" year, Keyser Marston has held the same commitment to clients: to provide creative pragmatic solutions to complex urban development Our practice areas include: • Financial feasibility analyses • Affordable and inclusionary housing • Public -private real estate transactions • Fiscal and economic impacts • Transit -oriented neighborhoods • Public benefits and entitlements • Economic development, and • Tax increment financing We approach all of our assignments from a reality based perspective. Our objective is to provide decision makers with sound advice supported by strong technical analysis of all economic factors that impact success, including: market conditions, financial investment requirements, community needs and benefits, and development issues. Keyser Marston's unique strength is the depth, continuity and availability of our principals who average more than twenty years of practical experience in working with business and government. Their personal involvement is a key factor in the firm's ongoing success. Their knowledge and expertise bring clarity to the complexities of real estate development. Keyser Marston's principals are frequent speakers to such industry groups as the Urban Land Institute, and the California League of Cities. They have also served on policy -advisory committees for the State Legislature and Governor on issues such as affordable housing, economic development and military base reuse. Please visit our web site for further information: www.keysermarston.com. P. PIP r. ** .. a� r. n ra a. A • '. ' �1 1i1 N{ 1.: �:; 14 09 iR 1S T11 9] Ili m hit 1_ !C'� a=1' 1 �' u 77f kuF lid si ili N1 ifl S! m w �r ru m w �. ur w hit - l: City of Burlingame I Proposal: New City Hall Construction Assistance- Real Estate Advisor: Development, Construction and Financing Approach 1 2 B. City Hall and Public Facility Experience For decades, KMA has assisted public agencies deliver public facilities, including city halls and public institutions. Past projects include: City of San Jose City Hall, the Transbay Transit Center, and the City of Pleasant Hill City Hall. More recent projects, which are underway, include the Santa Clara County government center, the City of Fremont City Hall, and new library facilities for Sonoma County and the City of El Cerrito. KMXs role in these efforts has included being a member of a master planning team and structuring public / private partnerships to leverage the value created by private real estate development to fund the cost of public facilities. The financing plans for new public facilities generally include multiple funding sources, including surplus real estate assets, tax increment financing, parking revenues and/or transient occupancy tax financing. In many situations, clients are considering a range of options for meeting space needs, including constructing new publicly owned facilities, purchasing existing buildings, and leasing privately owned facilities. Evaluating the occupancy costs and net value of each of these options is a standard service provided by KMA. On the following pages we have provided summaries of select recent city hall and public facility assignments. City of Burlingame I Proposal: New City Hall Construction Assistance- Real Estate Advisor: Development, Construction and Financing Approach 1 3 Santa Clara County Civic Center Santa Clara, CA Client Santa Clara County Civic Center occupies 55 acres within the City of San Jose. The City of Santa Clara campus includes essential county facilities as well as underutilized land. The County is considering various financing and delivery options, including P3s, for reconstruc- Contact lion and new buildings for administrative space as well as law and justices uses. David Barry Capital Projects Manager Civic Center Master Plan was established to provide an asset management strategy Clara Santa Clara County for the Santa Clara County facility campus. It includes a land use plan for new coun- (408) 93-46 (408) ty facilities and for private development, an implementation plan for new county faf sccgov.org davidfor facilities (major renovation and/ or new construction), and an implementation plan underutilized County assets to create long term revenue for the County. The Fee County has explored P3s to develop and then implement the Civic Center Master $143,500 Plan, with the intent to limit/reduce risk to the County and to maximize the reve- nue stream to the County. In 2012, the Santa Clara County Board of Supervisors authorized the possible lease, sale, joint development or other disposition of County -owned property and the issuance of requests for proposals (RFPs) or competitive bidding of approximately 55 acres of County -owned real property in the Civic Center ("Civic Center Campus") for purposes of public, residential, commercial, industrial and/or cultural use or development. In 2016 Santa Clara County Board of Supervisors approved a Master Development Agreement (MDA) with Lowe Enterprises, Inc, a public private partnership to devel- op approximately 1.15 million square feet of new County facilities plus mixed use development. In 2018 the Santa Clara County Board of Supervisors approved the Civic Center Master Plan. Subsequently the former City Hall Annex was demolished, and the County is in the final planning stages for demolition of the former City Hall building. City of Burlingame I Proposal: New City Hall Construction Assistance- Real Estate Advisor: Development, Construction and Financing Approach 14 Downtown Civic Center & Luxury Hotel Windsor, CA Client Town of Windsor Contact Ken MacNab formerly Town Manager, Town of Windsor President/ CEO KMAC Advising, LLC kenmocnab@gmail.com Fee $50,100 W�_ KMA assisted the Town of Windsor in negotiating a P3 agreement for the joint development of a new civic center and a private luxury hotel in downtown Windsor. The project was suspended in 2021 due to political concerns of the Town's Council. The basic structure of the intended transaction was that the City would ground -lease City -owned property to the Robert Green Company, who would develop a luxury hotel on the site and a new town hall and library for the Town of Windsor. The project was to be centered on a Town Green, which would be jointly used by the public and the hotel. The objective was for the value of the site and the leveraging capacity of future hotel tax revenues and property tax revenues to be sufficient to fund the construction of the new civic center buildings. This was to be a complex undertaking, permanently relocating some civic uses, acquiring adjacent properties, and temporarily relocating the Town Hall and a library. KMA's assignment included: • Establishing the terms of an Exclusive Negotiating Agreement with the selected developer; • Identifying the key issues that impact the successful completion of the project; • Identifying and communicating the Town's interests relative to the issues; • Advising on instructions for the appraisal and the purchase of adjacent properties; • Leading the Town through the negotiations with the developer; • Structuring a financing plan for the project that minimizes risks to and financial participation from the Town; and • Negotiating the business terms to be memorialized in a Term Sheet and ultimately in a set of disposi- tion documents. City of Burlingame I Proposal: New City Hall Construction Assistance- Real Estate Advisor: Development, Construction and Financing Approach 1 5 Fremont Civic Center Campus Fremont, CA Client KMA served as the financial and real estate advisor to the City of Fremont in the City of Fremont implementation of a new Downtown District focused on Capitol Avenue and the Contact financing of the public sector components. The Downtown plans include a new Jeff Schwob, Civic Center and a Civic Center Parking Garage as well as mixed use developments. Community Development Director Fremont's Downtown District is a 110-acre, centrally -located area with access (510) 494-4527 to transit, vehicular transportation, job centers, and Fremont's existing Civic jschwob@fremont.gov functions. The District has been targeted to become a mixed -use, pedestrian - Fee friendly, transit -oriented hub in the future. Implementation of the Community $69,900 Plan and Design Guidelines envisions a public private partnership for the development of commercial and residential buildings and a new Civic Center. One of the objectives of the Downtown Plan was to consolidate the Civic Center into one central location. The planned Civic Center complex will be a high -profile development not only in Downtown, but for Fremont as a whole. The Community Plan and Design Guidelines propose a new Civic Center complex that includes: • Administrative Offices: This element is anticipated to incorporate 200,000 square feet of Civic office space. • Public parking garage: To meet the minimum parking requirements, a public garage for the Civic Center will need to provide approximately 700 spaces. • Public parks and plaza. • Cultural and Performing Arts Center. A new 15,000 SF downtown event center and 40,000 SF public plaza was completed in 2021. City of Burlingame I Proposal: New City Hall Construction Assistance- Real Estate Advisor: Development, Construction and Financing Approach 1 6 Transbay Transit Center San Francisco, CA Client Office of Community and Infrastructure Investment City of San Francisco Contact Christine Maher formerly OCII Port of San Francisco (415) 274-0614 Christine. Maher@sfport.com San Francisco Office of Community and Infrastructure Investment managed the sale of the former state owned parcels next to the new Transbay Transit Center. The funding from the sales was used to pay for the construction of the Transbay Terminal. Also 35% of the units produced within the district are required to be affordable. Incentive zoning and value capture to fund the Transit Center and to create affordable housing were the principles behind this asset management and land use disposition project. KMA's assignment commenced in 2008 and covered many areas. Initially the firm was first involved with advising staff on the disposition strategy for the parcels and land valuation estimates (recent land offers have exceed early expectations of pricing due to the value creation of the district and San Francisco's economy). KMA reviewed RFP/Qs prepared by staff, reviewed bidder qualifications (experience, financial strength, and development economics), and advised and presented technical materials explaining the qualifications of the bidders and their proposals for staff use with the selection committee. KMA assisted staff on business terms in the Purchase and Sale Agreements/DDAs and in public meetings before the Board of Supervisors. Prior to supporting the City in the disposition and development efforts, KMA assisted the City in developing the Transbay Terminal. KMA participated on a distinguished nine -member jury, which unanimously recommended the development team of Hines/Pelli Clarke. The City Planning Commission and Board of Supervisors subsequently approved the proposal, which included a $185 million payment for the land to build the Tower, along with funding various public benefits including a public park. KMA was subsequently selected by TJPA to provide real estate and financial advisory services relating to the landmark Transbay Transit Tower. KMA advised TJPA in structuring and negotiating an Option Agreement and assisted in evaluating the financial feasibility of the project. The Transbay Transit Center began operations as a transit hub in the summer of 2018. City of Burlingame I Proposal: New City Hall Construction Assistance- Real Estate Advisor: Development, Construction and Financing Approach 1 7 5.3. KEY PERSONNEL Debbie Kern, the Managing Principal of KMA's northern California office in Berkeley, will lead KMA's team. Debbie has over 35 years of experience advising public sector clients on land use economics. Debbie specializ- es in preparing financing plans for public facilities and negotiating public/private partnerships to create public benefits. Debbie will be assisted by Harriet Ragozin, who is a Manager with over 20 years of experience at KMA. Debbie's and Harriet's resumes are attached. City of Burlingame I Proposal: New City Hall Construction Assistance- Real Estate Advisor: Development, Construction and Financing Approach 18 DEBBIE M. KERN Ms. Kern is the Managing Principal of Keyser Marston Associates' Northern California office. She has over 35 years of experience in real estate consulting and specializes in public facility finance, fiscal impact analyses, and affordable housing. Areas of Specialization: Public Facility Finance T1 Debbie is a leader in the field of public facility finance. She has developed effective i financing plans for new city halls, libraries, and other service facilities. Structures ITM are often comprised of multiple funding sources, including: Infrastructure Financing Districts (IFDs), Community Facility Districts (CFDs), value added entitlements, new Keyser Marston Associates market tax credits, impact fees, and P3s. She has prepared the financing plans of adopted IFDs in San Francisco, Sacramento County, and Yolo County.. She is a member of CALED's Economic Development Finance and Real Estate Committee. Years in Fiscal and Economic Impacts the Industry Debbie has evaluated the fiscal and economic impacts of a full -range of land uses, from residential to sports facilities. The analyses have been undertaken within the context of processing development entitlements for specific projects and formulating 35+ land use policies. Recent impact analyses include: Apple's presence in Cupertino; the mixed -use entertainment district surrounding the future sports arena in Sacramento; the future Oakland Global Trade and Industry Center Project; and the development of 1,700 new homes in Dublin. Debbie has used the findings of the Professional analysis to recommend incentive packages to attract and retain businesses, metering Credentials: requirements to balance the impacts of different land uses, and CFD maintenance Debbie holds a obligations or developer exactions to mitigate negative impacts. master's degree in economics from P3 and Public Benefits Columbia University Over the past 30 years Debbie has evaluated the development economics of and a bachelor's hundreds of proposed projects, representing a full spectrum of land uses, including: degree in economics residential, office, hotel, retail, entertainment, industrial, and numerous mixed - from the University of use developments. The purpose of the evaluations is to determine the magnitude California, Berkeley. of public subsidy or development incentives that are needed to realize specific She is a member of public benefits, such as the inclusion of non-profit arts space in a development, or the Phi Beta Kappa affordable housing. honor society. City of Burlingame I Proposal: New City Hall Construction Assistance- Real Estate Advisor: Development, Construction and Financing Approach 19 T1' �= TM Keyser Marston Associates Years in the Industry 20+ HARRIET G. RAGOZIN Ms. Ragozin is a Manager in Keyser Marston Associates' Berkeley office. She joined KMA in 2003 and has participated in affordable housing and child care nexus analyses, inclusionary housing analyses, residential and commercial real estate feasibility analyses, redevelopment tax increment projections, and market assessments. Affordable Housing Policy Ms. Ragozin has worked extensively on affordable housing policy analyses, including inclusionary housing analyses, in -lieu fee studies, jobs -housing nexus analyses and residential nexus analyses. Former inclusionary housing and in -lieu fee work includes studies conducted for the cities of San Francisco, Palo Alto, Cupertino, Napa, Novato, and Campbell, among others. Typical tasks include the evaluation of development economics, the calculation of full cost recovery in -lieu fees for ownership and rental projects, and the evaluation of alternative program structures. She has conducted jobs -housing nexus analyses, which quantify the linkages between construction of new commercial buildings and affordable housing demand, for Napa, San Diego, Walnut Creek, Sacramento, Cupertino and others. In addition to a quantitative nexus analysis, typical tasks also include evaluation of proposed fee levels in the context of local real estate economics, recommended fee levels, and surveys of similar fees in other jurisdictions. She has also conducted many residential nexus analyses, which quantify the linkages between new market rate residential development and the demand for affordable housing, for many jurisdictions including Fremont, Hayward, Napa County, San Francisco and others. Residential Financial Analyses Ms. Ragozin has assisted in the assessment of market and financial feasibility analyses for proposed residential developments. Projects include market rate housing, affordable housing, and mixed -use projects. Such services have been provided in the cities of Santa Rosa, San Jose, Walnut Creek, Lafayette, Redwood City, San Leandro, Union City, and others. Child Care Nexus Analyses Ms. Ragozin has conducted child care nexus analyses linking new real estate development to the demand for child care facilities in the jurisdiction. Example cities include Santa Cruz County, San Mateo, San Francisco, and Redwood City. Professional Credentials Ms. Ragozin holds a master's degree in public policy from the Goldman School of Public Policy at the University of California, Berkeley, and a bachelor's degree in economics from Williams College. City of Burlingame I Proposal: New City Hall Construction Assistance- Real Estate Advisor: Development, Construction and Financing Approach 1 10 5.4 METHOD FOR EXECUTING REAL ESTATE ADVISOR SCOPE OF WORK A. Review of City -owned Real Property (RFP 4.1.1) KMA will coordinate with City Staff and Ratcliffe Architects to review the City's portfolio of properties. The objective will be to identify properties that could either be suitable for the development of a new City Hall or potentially surplus properties that could be used to generate funding for the development of the new City Hall. KMA will research existing regulatory, easements, and other conditions that could impact the use of the properties. KMA will estimate the value of the potential surplus properties based on the recent sales of comparable properties in the market area. Deliverables: 1) inventory of city -owned properties and categorization of properties into three groups: a) potential sites for new City Hall complex; b) properties needed for other city services; and c) potential sur- plus sites that could be either sold or leased to create funding for the new City Hall complex; 2) preliminary estimates of value of potential surplus properties. B. Review Privately -Owned Real Property (RFP 4.1.2) KMA will review listings of properties that are currently available for lease or sale in Downtown Burlingame. KMA will also contact brokers to learn of any potential listings. Once KMA has developed a draft inventory, KMA will coordinate with Ratcliffe Architects to assess the appropriateness of the development sites and properties with existing space to meet the City's space needs. For properties that are either potential development sites or leasing opportunities, KMA will estimate the acquisition cost and long term occupancy costs associated with each option. Deliverables: 1) Summary of available properties; 2) Assessment of suitability to meet City's space needs; 3) Assessment of occupancy and acquisition costs for potentially suitable properties. C. New City Hall Development and Financing Plans (RFP 4.1.3) Using information generated by Ratcliffe Architects and KMA, KMA will collaborate with Ratcliffe Architects and City staff to identify alternative options for securing a new City Hall for Burlingame. Options may include: 1) acquiring a new site for the City Hall, retaining a contractor or fee developer to build the City Hall, and then selling/leasing the existing property and possibly other surplus properties; 2) acquiring a new site that could accommodate a new City Hall and possibly private development; partnering with a private developer to complete the private components; 3) temporarily relocating existing City Hall functions at leased properties and building a new City Hall on the existing City Hall site; 4) moving City Hall to leased properties and then disposing of the existing City Hall property; or S) other variants of the above. Using development cost estimates to be provided by Ratcliffe and leasing data and sales data collected by KMA, KMA will prepare preliminary estimates of the occupancy costs and asset values of each of the alternatives. KMA will coordinate with PFM to identify potential funding sources beyond proceeds from the disposition of City -owned real estate. Potential sources include: voter initiatives; financing secured by tax revenues; and State programs. Deliverable: Based on these efforts, KMA will prepare a draft new City Hall Development and Financing Plan for City staff review and a Final New City Hall Development and Financing Plan. City of Burlingame I Proposal: New City Hall Construction Assistance- Real Estate Advisor: Development, Construction and Financing Approach 1 11 5.5. FEE PROPOSAL KMA proposes to provide the services described above on a time and materials basis in accordance with the following rate schedule and with the total fee to not exceed $61,900. Our understanding is that the final fee will be negotiated with City Staff. Our primary tool to control costs will be to obtain input from Ratcliffe and City staff at several points in the work program to narrow the list of desirable alternatives before we invest large amounts of time on analysis. To the extent possible, we want to focus our energies and efforts on devel- oping likely alternatives rather than spinning our wheels on options that are not realistic or desirable. Managing Administrative Principal Manager Staff TOTAL $305 $245 $90 2022/23 hours budget hours budget hours budget hours budget Review City -owned Real 4.1.1 Property 12.0 $3,660 32.0 $7,840 1.5 $135 45.5 $11,635 Review Privately Owned 4.1.2 Real Property 10.0 $3,050 26.0 $6,370 1.5 $135 37.5 $9,555 Prepare new City Hall Development and 4.1.3 Financing Plans 60.0 $18,300 90.0 $22,050 4.0 $360 154.0 $40,710 Real Estate Advisor Services 1 82.0 1 148.0 1 7.0 1237.01 $61,900 SCHEDULE KMA anticipates completing the Draft new City Hall Development and Financing Plan by January, 2024. The following is an anticipated schedule for each of the deliverables: Task Conditioned on Completion of Anticipated Completion Date Architecture Tasks Review of City -owned Property New City Hall Space Needs November 2023 Assessment Report Review of Privately -Owned Properties New City Hall Space Needs November 2023 Assessment Report New City Hall Development and New City Hall Preliminary Cost First Draft: December 2023 Financing Plan Estimate Final: January 2024 City of Burlingame I Proposal: New City Hall Construction Assistance- Real Estate Advisor: Development, Construction and Financing Approach 1 12 5.6. REFERENCES 1. Santa Clara County David Barry Capital Projects Manager Santa Clara County (408) 993-4645 dovid.barry@fafsccgov.org 2. Town of Windsor Ken MacNab formerly Town Manager, Town of Windsor President KMAC Advising, LLC kenmacnab@gmail.com 3. City of Fremont Jeff Schwob Community Development Director (510) 494-4527 jschwob@fremont.gov 5.7. CONFLICTS AND TERMINATION KMA does have any conflicts of interest that may arise from the firm's work on this project. There have been no instances in which the firm's work on a contract with a public agency has been terminated by the agency due to any fault of KMA. 5.8 STANDARD AGREEMENT We have reviewed the standard agreement, and would like to request one change; requested added language in noted in bold underline: Minimum Policy Limits Required ii. With the exception of the Consultant's Professional Liability policy, Defense costs shall be payable in addi- tion to the limits. BIJRLINGAME STAFF REPORT AGENDA NO: 10n MEETING DATE: August 21, 2023 To: Honorable Mayor and City Council Date: August 21, 2023 From: Sigalle Michael, Sustainability Program Manager — (650) 558-7274 Subject: Adoption of a Resolution Authorizing the South Bayside Waste Management Authority to Acquire Real Property Located at 1245 San Carlos Avenue, Unit E, San Carlos, CA RECOMMENDATION Staff recommends that the City Council approve the South Bayside Waste Management Authority's (SBWMA) purchase of 1245 San Carlos Avenue, Suite E, San Carlos, California, to be utilized as the administrative offices for SBWMA. BACKGROUND SBWMA is a joint powers authority formed pursuant to California Government Code Section 6500 et seq. to provide solid waste and recycling services to its 11 Member Agencies (i.e., County of San Mateo, the Cities of Belmont, Burlingame, East Palo Alto, Foster City, Hillsborough, Menlo Park, Redwood City, San Carlos, and San Mateo, and the West Bay Sanitation District). SBWMA's administrative office has been located in the San Carlos Library for over 16 years. Under the terms of the current lease, SBWMA occupies 2,429 square feet at a monthly rent of $5,618, or $2.31/sf. The current lease term ends on June 30, 2024, and the City of San Carlos has indicated that the term will not be extended because the space is needed to accommodate San Carlos staff. Upon receiving this notice from the City of San Carlos, SBWMA Executive Director La Mariana began working with a commercial real estate broker to find affordable office space that would accommodate the current staff and agency/public guests, provide proper space for SBWMA Board and Technical Advisory Committee (TAC) meetings, provide easy access to parking for Board and TAC members, be located near public transit to accommodate staff members wishing to utilize this mode of transportation, and be in close proximity to the Shoreway facility in San Carlos. Dozens of rental properties were researched. This research demonstrated that current market lease rates for properties comparable to the San Carlos Library space are currently being leased at $4.50-$6.50 per square foot per month. This means that monthly rent for a comparable space would be $10,931-$15,789. A number of rental properties were toured and found to be unacceptable due to location; inadequate access to public transit; inadequate or lack of parking; 1 SBWMA Property August 21, 2023 unfavorable lease/purchase rates; lack of building amenities; poor functionality of available workspace; inadequate building/workspace finishes (ADA access/compliance/lack of elevator); distance from the Shoreway Environmental Center facility; deferred maintenance on critical base building systems (i.e., HVAC, electric, plumbing, mechanical, lighting); and non -code compliance with Title 24 and ADA requirements. In addition to his search of the commercial office rental market, the Executive Director also contacted staff at all Member Agencies to inquire whether they might have suitable available space for long-term leasing within the given mandatory relocation time frame. No sites were identified. The Executive Director also identified one property currently for sale in the Wheeler Plaza development, located at 1245 San Carlos Avenue, Suite E, in San Carlos (the "Property"). This is the last remaining commercial space for sale in the Wheeler Plaza development (Attachment 2). The Property is a Commercial Condominium located directly across the street from the SamTrans Building's main entrance. It is currently zoned MU -DC (Mixed Use -Downtown Core). Zoning clearance for use of the space by SBWMA was issued by the City of San Carlos on May 18, 2023. (See Attachment 3) The unit is approximately 2,841 square feet in size and is currently an empty shell that would provide adequate space for all SBWMA administrative functions and could be improved to include a large conference room to accommodate Board and TAC meetings along with some community environmental education sessions. The Property has two dedicated parking spaces (below ground) and easy access to the attached 252-space public parking at the adjacent Wheeler Plaza parking garage (no charge), the adjacent 30-space Laurel Street parking lot (600 block), and adjacent neighborhood surface streets. The Property is listed for sale at $1,988,000. The SBWMA Board met in closed session at its April, May, and June 2023 regular meetings to discuss whether to direct staff to pursue further rental options or to offer to purchase the Property. At the conclusion of its June 2023 discussion, the Board authorized the Executive Director to make an offer to purchase the Property. The seller has agreed to a sale of the Property pursuant to the following summary of terms: - Purchase Price: $1,700,000 - Due diligence period: up to 60 days from agreement (this is the period in which SBWMA conducts its due diligence, architectural studies, finance options, etc., and in which SBWMA can back out of the sale and get its deposit refunded) - Agency contingency: obtain no less than 2/3 of Member Agency approvals within 105 days - Loan to value: up to 75% - Deposit: $50,000 - Close of Escrow: no later than 11/15/2023 2 SBWMA Property August 21, 2023 This item has been placed on the agenda for review and approval because, as noted in the offer's contingencies, a purchase of real property by SBWMA must be approved by 2/3 of the Member Agencies pursuant to The Second Amended and Restated Joint Powers Agreement Article 7, Powers. Having considered the option to rent other available office properties or to purchase the Property, the SBWMA Board recommends to the Member Agencies that the purchase of the Property be approved for two reasons. First, the Property meets all the identified criteria regarding location and space. Second, as demonstrated by the Cost Analysis of Offer to Purchase Versus Lease prepared by Rick Simonson, Senior VP of HF&H Consulting, acquisition of the Property will result in a 25% cost saving (or $1,416,098) when comparing a total purchase and tenant improvement budget of $2.5 million to a long-term lease based on current office market lease rates (Attachment 4). The SBWMA Board recommends that the City Council approve the purchase of the Property for use as administrative offices for SBWMA. Upon receiving approval of 2/3 of the Member Agencies and satisfaction of all other contingencies, the SBWMA Board will, in open session, authorize closing of escrow and purchase the Property. FISCAL IMPACT None. Exhibits: • Resolution • Property Brochure • Zoning Clearance from City of San Carlos • Cost Analysis of Offer to Purchase Versus Lease prepared by Rick Simonson/ HF&H Consulting 3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING THE ACQUISITION OF REAL PROPERTY LOCATED AT 1245 SAN CARLOS AVENUE, SUITE E, SAN CARLOS, CALIFORNIA BY THE SOUTH BAYSIDE WASTE MANAGEMENT AUTHORITY WHEREAS, the South Bayside Waste Management Authority (SBWMA) is a Joint Powers Authority formed to provide recycling and solid waste collection services to its eleven member agencies; and WHEREAS, the City of Burlingame is a Member Agency of the SBWMA; and WHEREAS, SBWMA's administrative offices are currently located in the San Carlos Library building through a lease that will expire June 30, 2024, and the City of San Carlos has indicated that it does not wish to renew the lease; and WHEREAS, SBWMA staff conducted a broad search for office space to lease for its administrative offices once its current office lease expires but did not find space that suited its needs; and WHEREAS, a new, unfinished commercial unit located at 1245 San Carlos Avenue, Suite E, San Carlos, California (the Property), which is approximately one block from SBWMA's existing office, is currently listed for sale; and WHEREAS, SBWMA had a cost analysis prepared by HF&H Consulting by to determine whether purchasing the Property and having the Property improved to meet SBWMA's needs would be more cost efficient that entering into a lease for office space; and WHEREAS, the cost analysis conducted by HF&H Consulting determined that purchasing the Property and making necessary improvements on an assumed total budget of $2.5 million will result in a 39% cost savings versus entering into a long-term lease for office space at current market rates; and WHEREAS, the SBWMA Board directed SBWMA staff to submit an offer to purchase the Property, contingent upon approval by no less than 2/3 of the Member Agencies; and WHEREAS, pursuant to the signed Purchase Agreement, the seller of the Property has agreed to sell the property for a purchase price of $1.7 million, which is an amount consistent with the authorization given by the SBWMA Board of Directors; and WHEREAS, Article 7, Section 7.1.1(a) of the Second Amended and Restated Joint Exercise of Powers Agreement for the SBWMA requires that the acquisition of real property be approved by no less than 2/3 of the Member Agencies; and WHEREAS, the City agrees with the recommendation of the SBWMA Board to purchase the property for use as the SBWMA's administrative offices. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME RESOLVES AS FOLLOWS: The City Council approves the acquisition by the SBWMA of the real property located at 1245 San Carlos Avenue, Suite E, San Carlos, California, pursuant to the terms of the Purchase Agreement. 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 21 st day of August, 2023 and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: 4 City Clerk Retail/Commercial Condominium Units in Downtown San Carlos FOR SALE unit pricing below SUITE A & B (Sold) SUITE C: (Sold) SUITE D: (Sold) SUITE E: $1,988,000 UNIT E has ±2,841 RSF MONTHLY ASSOCIATION FEE: $.14 PSF/month estimated ON -SITE parking open to the public OUTSIDE seating possible RESERVED and secure Onslte parking for employees 18-20 FOOT ceiling height "WALKER'S PARADISE" walk score of 91 on WalkScore.com 1 BLOCK to the San Carlos Caltrain station BRETT WEBER 650.771.3000 brett.weber@kidder.com LIC N° 00901454 STEVE DIVNEY 650.400.8065 steve.divney@kidder.com LIC N° 01216239 JOHN MCLELLAN 415.418.9880 john.mclellan@kidder.com LIC N' 01869489 KIDDER.COM This information supplied herein is from sources we deem reliable. It is provided without any representation, warranty, or guarantee, expressed or implied as to its accuracy. Prospective Buyer or Tenant should conduct an independent investigation and verification of all matters deemed to be material, including, but not limited to, statements of income and expenses. Consult your attorney, accountant, or other professional advisor. Kidder Mathews Floorplan UNITS CAN BE COMBINED ± 264 SF ± 830 SF BRETT WEBER 650.771.3000 brett.weber@kidder.com LIC N° 06— i yn KIDDER.COM 1 .1 .1 1 1 i i FOR SALE I SUITE E * 2,841 RSF 1 $1,988,000 SOLD I SUITE D 1,796 RSF SOLD I SUITE C ± 1,414 RSF SOLD I SUITE B 1,816 RSF ,ter• i � SOLD I SUITE A ± 3,262 RSF STEVE DIVNEY 650.400.8065 steve.divney@kidder.com LIC N° 01216239 JOHN MCLELLAN 415.418.9880 john.mclellan@kidder.com Llk-IY v1oo--. -Possible outdoor dining area (included in the rentable SF) This information supplied herein is from sources we deem reliable. It is provided without any representation, warranty, or guarantee, expressed Kidder or implied as to its accuracy. Prospective Buyer or Tenant should conduct an independent investigation and verification of all matters deemed to Mathews be material, including, but not limited to, statements of income and expenses. Consult your attorney, accountant, or other professional advisor. BRETT WEBER 650.771.3000 brett.weber@kidder.com LIC N° 06— i yn KIDDER.COM STEVE DIVNEY 650.400.8065 steve.divney@kidder.com LIC N° 01216239 JOHN MCLELLAN 415.418.9880 john.mclellan@kidder.com LIL IY v 1 OO--. This information supplied herein is from sources we deem reliable. It is provided without any representation, warranty, or guarantee, expressed Kidder or implied as to its accuracy. Prospective Buyer or Tenant should conduct an independent investigation and verification of all matters deemed to Mathews be material, including, but not limited to, statements of income and expenses. Consult your attorney, accountant, or other professional advisor. CALTRAIN cart San Carlos CVS pharmacy _kA.,t ®r, „MA DOWNTOWN SA N CARLOS' UVII 49 101 <- PrrL. 5 y iF ' ' a J �M1 M1# •�� rkr + �c+ '�iF r`�' v - Office nEnoz W W W...' I ROSS Y i DRESS P07 LESS E3. y V -2 ,W4T HorH gal . F �._ p Round Table rQ PJ t1 r • EGA MEDITERRANEAN ■ �, � •T"4 DELITELITE 4 { BRETT WEBER STEVE DIVNEY JOHN MCLELLAN 650.771.3000 650.400.8065 415.418.9880 brett.weber@kidder.com steve.divney@kidder.com john.mclellan@kidder.com LIC N' 00901454 LIC No 01216239 LIC No 01869489 KIDDER.COM k k ryF . , K1?L This information supplied herein is from sources we deem reliable. It is provided without any representation, warranty, or guarantee, expressed or implied as to its accuracy. Prospective Buyer or Tenant should conduct an independent investigation and verification of all matters deemed to be material, including, but not limited to, statements of income and expenses. Consult your attorney, accountant, or other professional advisor. Kidder Mathews CITY OF SAN CARLOS COMMUNITY DEVELOPMENT PLANNING DIVISION Zoning Clearance Rethink Waste at 1245 San Carlos Avenue, Suite E 600 ELM STREET SAN CARLOS. CA 94070 (650) 802-4263 CITYOFSANCARLOS.ORG The City of San Carlos received a request from Rethink Waste to occupy 1245 San Carlos Avenue, Suite E, on April 26, 2023. The building at 1245 San Carlos Avenue, also referred to as Wheeler Plaza, is governed by Planned Development Zoning, PD-24. The Disposition and Development Agreement (DDA) for Wheeler Plaza requires approval by the City Manager for Walk-in Clientele Office space. Rethink Waste is classified as Office: Walk-in Clientele. A zoning clearance has been approved by the City Manager for Rethink Waste at 1245 San Carlos Avenue, Suite E. The following conditions as well as any other applicable provisions of the Zoning Code, apply to this approval. 1) Business activities shall be conducted as described in the business description dated April 26, 2023. 2) An active storefront shall be maintained. 3) Any substantial changes to the business activities shall be approved by the City Manager. 4) No signs have been approved with this zoning clearance. 5) Approval valid for Rethink Waste only. 6) Failure to comply with the standards listed above may result in revocation of the zoning clearance. Jeff Maltbie City Manager City of San Carlos �- /0C,--Z3 Date 590 Ygnacio Valley Rd, Suite 105 Walnut Creek, California 94596 Telephone: 925/977-6950 Fax: 925/977-6955 www.hfh-consultants.com MEMORANDUM Managing Tomorrow's Resources Today Robert D. Hilton, Emeritus John W. Farnkopf, PE Laith B. Ezzet, CIVIC Richard J. Simonson Marva M. Sheehan, CPA Robert C. Hilton To: Joe La Mariana, Executive Director — South Bayside Waste Management Authority From: Rick Simonson, Senior Vice President — HF&H Consultant Date: August 15, 2023 (revises June 7, 2023 memo) Subject: Cost Analysis of Office Purchase versus Lease Background The South Bayside Waste Management Authority's (SBWMA's) administrative office is currently located in the City of San Carlos Library. The office has been located in this space for over 16 years. Under the terms of the current lease, SBWMA occupies 2,429 square feet at a monthly rent of $5,618 or $2.31/sf. The current lease term ends on June 30, 2024 and the City has indicated that the term will not be extended because the space is needed to accommodate San Carlos staff and will no longer be available to the SBWMA. Since receiving this notice, Executive Director La Mariana has been working with a commercial real estate broker to identify potential alternative spaces. The goal has been to identify an affordable space that will accommodate the current staff and agency/public guests, provide proper space for Board and TAC meetings, have easy access to parking for Board and Technical Advisory Committee (TAC) members, be located near public transit, and be in close/immediate proximity to the Shoreway Facility. With these factors in mind, the Executive Director La Mariana has researched and toured many local properties that are currently available for rent and one property that is currently for sale. Executive Director La Mariana has toured a property, currently for sale, at 1245 San Carlos Avenue, Suite E, in San Carlos. In addition, working with a commercial real estate broker, Executive Director La Mariana has identified a number of properties available to lease that meet the some, but not all, of criteria above. The current lease rates have been estimated to be between $4.50-$6.50 per square foot in the general San Carlos area. The following analysis compares the projected costs, over a 30-year period, of purchasing the available property versus leasing a property of the same size; the specific property is unknown at this time. An Excel model was developed to calculate the projected costs over time with a number of assumptions. The model has been constructed to allow multiple scenarios regarding costs and funding terms. This memorandum summarizes one such cost scenario. The model will be available to run additional scenarios at any upcoming meetings. Cost Analysis of 1245 San Carlos Avenue Property Executive Director La Mariana's discussions with the real estate broker has identified a commercial suite located at 1245 San Carlos Avenue, Suite E, which is 2,841 square feet with 20-foot ceilings which can Managing Tomorrow's Resources Today MEMORANDUM Page 2 of 4 accommodate adding a second floor and increase the usable space to 3,977 square feet. The expanded space will accommodate existing SBWMA staff workspaces, ADA-compliant restrooms, a kitchen, storage, and a large fully -wired video conference room available to host Board and TAC meetings. The estimated cost to purchase and make the necessary interior improvements is $2.3 million - $2.5 million. For this analysis we have assumed the high of $2.5 million. Figure 1 summarizes the cost assumptions used to evaluate the cost -per -square foot procuring, improving, and maintaining the San Carlos Avenue property. Figure 2 summarizes the first -year total cost of the property and the projected cost per square foot ($4.11 per square foot), with additional detail describing the assumptions following Figure 2. Attachment 1 includes a 30-year analysis of projected costs, including the calculation of the present value of the total annual costs of occupying the property over the next 30-years. vigure 1— Utrtce Nurcnase Key Assumptions Size (at purchase) 2,841 ;square feet Estimated Size (at buildout) 3,977 ;square feet Property Purchase Price $1,700,000 (est. $1.5 - $1.7 million) Plus: Tenant Improvements $800,000 Total Project Cost $2,500,000 Downpayment 30% J ($750,000) Total Loan Amount $1,750,000 --------------- Loan Term for Pymt Calc ---------- 30 ;years ---- Amortization 25 ;years Balloon Payment $551,295 ;due @ Year 25 Interest Rate 6.19% Payments per Year 12J Bank Fee 0.50%;of loan amount Broker Fee --------- ----- 1.00%jof purchase price Association Fees $0.14 ':per sq. f t. per month @ size at purchase Association/Utilities Fee escalator 5.00%Iper year Reserves Return -on -Investments 2.00%;peryear Figure 2 — Year 1 Cost Summary FY 2023-24 Office Purchase Financial Analysis Loan Repyament $128,482 Bank Fee $8,750 Broker Fee $17,000 Balloon Payment Reserve $16,874 Association Fees $4,773 Utilities (excl. refuse) $6,000 Opportunity Cost' $14,485 Total $196,364 Build -out Square Footage 3,977.00 $ per sq. ft. per month $4.11 'Lost investment income from use of reserves for downpayment and upfront bank/broker fees Managing Tomorrow's Resources Today MEMORANDUM Page 3 of 4 Loan Repayment, Fees, and Balloon Payment Reserve. One-time loan and broker fees are included in Year 1 only. The estimated annual loan repayment (at the terms included in Figure 1) is repaid over 25 years with a "balloon" payment due in Year 25. For this analysis, we have assumed the SBWMA would reserve 1/25 of the balloon payment each year so the cash is available when due. The calculated annual reserve contribution assumes earned interest on the funds at 2.0% per year. The loan payment terms include a fixed 6.19% interest rate for the first 10 years and adjusted thereafter based on 10-year Treasury plus 2.5%. Our analysis assumes the 6.19% throughout the 25-year term. Actual interest rates may be higher or lower. Association Fees. Association fees are paid monthly by all property owners (i.e., City of San Carlos, Commercial Owners, and Residential Owners through a Joint Use Agreement). The fees cover common area maintenance, insurance, window washing, natural gas, water, sewer, and refuse. In addition, a portion of the fees are set aside in reserves for future capital repairs and maintenance (e.g., building exterior repair and paint, roofs). In total, the five commercial suites are allocated 4.84% of Joint Maintenance Costs. The $0.14 per square foot is based on recent budgeted expenses and reserve contributions. The analysis assumes a 5% annual increase, which may vary from the actual annual changes. Unexpected capital needs may arise which shall be assessed to all property owners in excess of the current $0.14 per square foot fee. Utilities. The Association fees cover common area utilities, and the refuse needs for the commercial suites. The current understanding is the SBWMA will be responsible for their water, sewer, and electricity needs for their suite. These have been estimated at $500 per month with a 5% annual escalator for this analysis. Opportunity Costs. To purchase a property instead of leasing, requires upfront cash outlay for the downpayment and one-time bank/loan fees ($775,750 in total). The SBWMA has reserves available to make these upfront payments. This analysis includes a "cost" component for the purchase option to recognize the loss of investment income that would otherwise be earned if the cash was continued to be held in reserves. For this analysis, we have assumed the cost of purchasing the property includes the annual loss of investment income at 2.0% per year on the $775,750 withdrawal from reserves, based on recent historical return -on -investments experienced by the SBWMA. Cost Analysis of Leasing a Property Executive Director La Mariana, with assistance from a real estate broker researched and toured dozens of rental properties. Currently, for properties that fit the needs of the SBWMA in this targeted geographic area, leases range from $4.50 to $6.50 per square foot per month. Typically, the lease amounts are inclusive of the Common Area Maintenance (CAM) expenses (e.g., water, sewer, refuse, electricity), though the charges are reviewed annually and reconciled for any incremental differences that are passed along (or refunded) to the tenant. For comparison purposes, and to be conservative, we have assumed all CAM -related costs are included in the per square foot lease charge throughout the 30-year period. Attachment 1 includes a 30-year analysis of projected costs, including the calculation of the present value of the total annual costs of leasing a property over the next 30-years. The analysis assumes the low end 00160 Managing Tomorrow's Resources Today MEMORANDUM Page 4 of 4 of $4.50 per square foot per month, escalated 2.0% per year, which is equivalent to approximately $0.10 per square foot each year. Limitations The analysis has been prepared with readily available projections and information provided by SBWMA staff, Beale Street Lending, Barc Architecture, and discussions with the 1245 San Carlos property builder, KB Homes. The projections contained herein may change. Additional costs not contemplated in this financial analysis to acquire the San Carlos property may be incurred. Recommendation Figure 3 summarizes the comparison of total estimated costs, and average cost per square foot per month, of the two options: 1) purchasing the San Carlos Avenue property and 2) continue leasing available commercial properties, based on the assumptions and projections described in this memo. Based on this financial analysis, the net present value (based on a present value discount rate of 3.0% annually) of the cost to purchase the San Carlos Avenue property is considerably less than leasing property at the low -end of current market rates with a conservation 2% annual increase to market rates. Assuming all costs of purchasing and maintaining the San Carlos Avenue property have been fairly represented, the purchase of the San Carlos Avenue property is recommended. Results may differ if the cost to purchase, finance the property, or other cost factors increase. Figure 3 — Comparative Summary (detailed analysis provided in Attac Average Cost 30-year Costs per Sq. Ft. per Month in 2023$ in 2023$ Office Purchase $4,196,716 $2.93 Office Lease $5,612,814 $3.92 hment A) ATTACHMENT A Key Assumptions - Office Purchase Key Assumptions - Lease Key Assumptions - General Size (at purchase) 2,841 square feet Size (square feet) 3,977 Present Value Discount Rate 3.0 Estimated Size (at buildout) 3,977 square feet Lease Amount $4.50 per sq. ft. per month (est. ($4.50-$6.50) Property Purchase Price $1.700,000 (est. $1.5 - $1.7 million) Annual Lease Amount $214,758 Plus: Tenant Improvements $800,000 1 Common Area Maint (CAM) I incl. in lease lwater, sewer, electric, refuse, custodial, landscape, etc. (usually part of 1st yr lease amt (baseline), reconciled annually for incremental difference only) Total Project Cost $2,500,000 Lease Inflation Rate 2.00 Downpayment 30% ($750,000) Total Loan Amount $1,750,000 Loan Term for Pymt Calc 30 years Amortization 25 years Balloon Payment $551,295 due @ Year 25 Interest Rate 6.19 Payments per Year 12 Bank Fee 0.50%1 of loan amount Broker Fee 1.00% of purchase price Association Fees $0.14 per sq. ft. per month @ size at purchase Association/Utilities Fee escalator 5.00% per year Reserves Return -on -Investments 2.00% peryear WORKING AREA - Scenarios saved below Loan Repyament $128,482 $128,482 $128,482 $128,482 $128,482 $128,482 $128,482 $128,482 $128,482 $128,482 $128,482 $128,482 $128,482 $128,482 $128,482 Bank Fee $8,750 Broker Fee $17,000 Balloon Payment Reserve $16,874 $16,874 $16,874 $16,874 $16,874 $16,874 $16,874 $16,874 $16,874 $16,874 $16,874 $16,874 $16,874 $16,874 $16,874 Association Fees $4,773 $5,012 $5,262 $5,525 $5,801 $6,092 $6,396 $6,716 $7,052 $7,404 $7,775 $8,163 $8,571 $9,000 $9,450 Utilities (excl. refuse) $6,000 $6,300 $6,615 $6,946 $7,293 $7,658 $8,041 $8,443 $8,865 $9,308 $9,773 $10,262 $10,775 $11,314 $11,880 Opportunity Cost' $14,485 $15,805 $16,121 $16,443 $16,772 $17,108 $17,450 $17,799 $18,155 $18,518 $18,888 $19,266 $19,651 $20,044 $20,445 Down Payment $750,000 Total $946,364 $172,473 $173,354 $174,271 $175,223 $176,213 $177,243 $178,314 $179,428 $180,586 $181,792 $183,048 $184,354 $185,714 $187,131 Build -out Square Footage 3,977.00 $ per sq. ft. per month $19.83 $3.61 $3.63 $3.65 $3.67 $3.69 $3.71 $3.74 $3.76 $3.78 $3.81 $3.84 $3.86 $3.89 $3.92 Present Value Discount Factor 1.0000 1.0300 1.0609 1.0927 1.1255 1.1593 1.1941 1.2299 1.2668 1.3048 1.3439 1.3842 1.4258 1.4685 1.5126 Present Value of Future Cost $946,364 $167,449 $163,403 $159,482 $155,683 $152,003 $148,438 $144,985 $141,642 $138,404 $135,271 $132,237 $129,302 $126,463 $123,716 30-year Costs (2023$) $4,196,716 Monthly NPV cost per square foot $2.93 Office Purchase Financial Analysis FY 2038-39 FY 203940 FY 204041 FY 2041-42 FY 204243 FY 2043-44 FY 2044-45 FY 2045.46 FY 2046-47 FY 2047-48 FY 204849 FY 2049-50 FY 2050-51 FY 2051.52 FY 2052-53 TOTAL Loan Repyament $128,482 $128,482 $128,482 $128,482 $128,482 $128,482 $128,482 $128,482 $128,482 $128,482 $3,212,056 Bank Fee $8,750 Broker Fee $17,000 Balloon Payment Reserve $16,874 $16,874 $16,874 $16,874 $16,874 $16,874 $16,874 $16,874 $16,874 $16,874 $421,855 Association Fees $9,922 $10,419 $10,940 $11,487 $12,061 $12,664 $13,297 $13,962 $14,660 $15,393 $16,163 $16,971 $17,819 $18,710 $19,646 $317,105 Utilities (excl. refuse) $12,474 $13,097 $13,752 $14,440 $15,162 $15,920 $16,716 $17,552 $18,429 $19,351 $20,318 $21,334 $22,401 $23,521 $24,697 $398,633 Opportunity Cost' $20,854 $20,854 $20,854 $20,854 $20,854 $20,854 $20,854 $20,854 $20,854 $20,854 $20,854 $20,854 $20,854 $20,854 $20,854 $579,758 Total $188,606 $189,726 $190,902 $192,137 $193,433 $194,794 $196,223 $197,724 $199,300 $200,954 $57,335 $59,159 $61,074 $63,085 $65,197 $4,955,157 Build -out Square Footage $ per sq. ft. per month $3.95 $3.98 $4.00 $4.03 $4.05 $4.08 $4.11 $4.14 $4.18 $4.21 $1.20 $1.24 $1.28 $1.32 $1.37 Present Value Discount Factor 1.5580 1.6047 1.6528 1.7024 1.7535 1.8061 1.8603 1.9161 1.9736 2.0328 2.0938 2.1566 2.2213 2.2879 2.3566 Present Value of Future Cost $121,059 $118,231 $115,499 $112,860 $110,312 $107,853 $105,480 $103,191 $100,983 $98,856 $27,383 $27,432 $27,495 $27,573 $27,666 'Lost investment income from use of reserves for downpayment and upfront bank/broker fees Annual Lease CAM Charges Other $214,758 $219,053 $223,434 $227,903 $232,461 $237,110 $241,852 $246,689 $251,623 $256,656 $261,789 $267,025 $272,365 $277,812 $283,369 Total $214,758 $219,053 $223,434 $227,903 $232,461 $237,110 $241,852 $246,689 $251,623 $256,656 $261,789 $267,025 $272,365 $277,812 $283,369 $ per sq. ft. per month $4.50 $4.59 $4.68 $4.78 $4.87 $4.97 $5.07 $5.17 $5.27 $5.38 $5.49 $5.60 $5.71 $5.82 $5.94 $ change $0.09 $0.09 $0.09 $0.10 $0.10 $0.10 $0.10 $0.10 $0.11 $0.11 $0.11 $0.11 $0.11 $0.12 Present Value Discount Factor 1.0000 1.0300 1.0609 1.0927 1.1255 1.1593 1.1941 1.2299 1.2668 1.3048 1.3439 1.3842 1.4258 1.4685 1.5126 Present Value of Future Cost $214,758 $212,673 $210,608 $208,563 $206,539 $204,533 $202,548 $200,581 $198,634 $196,705 $194,795 $192,904 $191,031 $189,177 $187,340 30-year Costs (2023$) $5,612,814 Monthly NPV cost per square foot $3.92 Office Lease Financial Analysis FY 203839 FY 203940 FY 204041 FY 204142 FY 204344 FY 204445 FY 204546 FY 204647 FY 204748 FY 2048-M FY 2049.50 FY 2050-51 FY 2051.52 FY 2052-53 TOTAL Annual Lease $289,036 $294,817 $300,713 $306,727 $312,862 $319,119 $325,501 $332,012 $338,652 $345,425 $352,333 $359,380 $366,568 $373,899 $381,377 $8,712,320 CAM Charges $0 Other $0 Total $289,036 $294,817 $300,713 $306,727 $312,862 $319,119 $325,501 $332,012 $338,652 $345,425 $352,333 $359,380 $366,568 $373,899 $381,377 $8,712,320 $ per sq. ft. per month $6.06 $6.18 $6.30 $6.43 $6.56 $6.69 $6.82 $6.96 $7.10 $7.24 $7.38 $7.53 $7.68 $7.83 $7.99 $ change $0.12 $0.12 $0.12 $0.13 $0.13 $0.13 $0.13 $0.14 $0.14 $0.14 $0.14 $0.15 $0.15 $0.15 $0.16 Present Value Discount Factor 1.5580 1.6047 1.6528 1.7024 1.7535 1.8061 1.8603 1.9161 1.9736 2.0328 2.0938 2.1566 2.2213 2.2879 2.3566 Present Value of Future Cost $185,521 $183,720 $181,936 $180,170 $178,421 $176,689 $174,973 $173,274 $171,592 $169,926 $168,276 $166,643 $165,025 $163,423 $161,836 BUR— N�An� AGENDA NO: 100 1... STAFF REPORT MEETING DATE: August 21, 2023 To: Honorable Mayor and City Council Date: August 21, 2023 From: Helen Yu -Scott, Finance Director — (650) 558-7222 Subject: Annual Renewal of the Burlingame Avenue Area Business Improvement District (DBID): Resolution Approving the 2022-23 Annual Report; Declaring the City's Intention to Establish and Levy Assessments for Fiscal Year 2023- 24 and Setting Required Public Hearing for September 18, 2023 RECOMMENDATION Staff recommends that the City Council adopt a resolution: • Approving the 2022-23 annual report of the Burlingame Avenue Area Business Improvement District. • Stating the Council's intent to levy assessments on businesses within the district for the 2023-24 fiscal year; and • Setting a public hearing for Monday, September 18, 2023, at 7:00 p.m. at the City Council Chambers BACKGROUND Pursuant to California Streets and Highways Code Section 36500 et seq., the Burlingame City Council adopted ordinance 1735 in 2004 establishing the Burlingame Avenue Area Business Improvement District (DBID) for the purpose of promoting the downtown Burlingame Avenue business area. In the summer of 2010, the DBID was re -instituted after a hiatus of several years. Since that time, the DBID has provided business -enhancing activities, events, and publicity for the downtown Burlingame businesses. Pursuant to the Streets and Highways Code, the DBID must file a report with the City each year detailing its activities, its past -year activities, its finances for the past year, and its proposed budget for the coming year. ni-lqrri icsinm The DBID submitted its 2022-23 annual report and its 2023-24 fiscal year proposed budget on July 18, 2023. Copies of the documents are attached to the Resolution of Intention. Note that the DBID's operating year begins October 1st and ends September 30t". The budget for the DBID's 2032-24 fiscal year provides a total of $87,350 in expenditures. The estimated assessment amount of $80,000 will be billed to the businesses for the DBID's upcoming fiscal year. The DBID has available fund balance to cover any overages that may occur in expenditures, or any delinquent payments of member assessments. 1 Burlingame Ave. (Downtown) BID - Intent to Assess August 21, 2023 Under the law, the City must, after a noticed public hearing, levy the annual assessments on the businesses within the district. The resolution attached to this report sets that public hearing and provides notice to the businesses in the district. The public hearing will be conducted at the Council meeting on September 18, 2023, at 7:00 p.m. at the Council Chambers. The method of assessment will remain the same as in prior year. Following the Council's adoption of the Resolution of Intention, the Finance Department will mail a letter to all affected businesses within the DBID. The letter will inform each business that the annual renewal process has commenced. The letter also will provide each business with the geographic zone in which they are located, square footage of the business, and the proposed assessment to be charged in the new fiscal year. In addition, each business will also receive a copy of the adopted Resolution of Intention and a Notice of Public Hearing as required by law. The Resolution of Intention to Levy Assessments notifies all businesses within the district of the City Council's intention to levy and collect fees. The public hearing gives the businesses an opportunity to voice their opinions, comments, suggestions and concerns directly to the City Council. The recommended hearing date is September 18, 2023 at 7:00 p.m. The meeting is scheduled to be held in the Council Chambers. Members of the public may view the meeting either in -person or by logging into the Zoom meeting through the link published within the meeting agenda on the City's website, or by accessing the meeting by phone. Access information will found at www.burlingame.org. At the public hearing, the City Council will receive testimony and evidence, and interested persons may submit written comments before or at the public hearing, or they may be sent by mail or delivered to the City Clerk at City Hall. At the public hearing, any and all persons may make oral or written protests against the proposed assessments. In order for a protest to be counted in the majority protest against the proposed assessments or programs and services, the protest must be submitted in writing to the City Clerk at or before the close of the public hearing on September 18, 2023. Each written protest must identify the business and its address, include a description of the business and the amount of the assessment proposed for that business. If the person signing the protest is not shown on the official records as the owner of the business, then the protest must contain or be accompanied by written evidence that the person is the owner of the business or otherwise empowered to enter a protest on its behalf. A written protest that does not comply with the provision of this paragraph will not be counted in determining a majority protest. Any written protest as to the regularity or sufficiency of the proceeding must be in writing and clearly state the irregularity or defect to which objection is made. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. At the conclusion of the public hearing, if the City Council determines that there are, of record, written protests by the owners of businesses within the downtown Burlingame Avenue Area Business Improvement District which will pay fifty percent (50%) or more of the total assessments of the entire District, as to the proposed assessments, the City Council cannot levy any assessment for the District. At the conclusion of the public hearing, if the City Council determines that there are, of record, written protests by the owners of businesses within the District which will pay fifty percent (50%) or more of the total assessments of the entire District only as to a particular improvement or activity proposed, then that particular improvement or activity cannot be included in the District. 2 Burlingame Ave. (Downtown) BID - Intent to Assess August 21, 2023 FISCAL IMPACT Approximately $80,000 in assessments is anticipated to be collected annually. The funds are forwarded to the DBID for expenditures as authorized by their board of directors. The City of Burlingame covers the expenses associated with the renewal of the DBID. Exhibits: • Resolution of the City Council of the City of Burlingame Approving the 2022-23 Burlingame Avenue Area Business Improvement District Annual Report and Declaring its Intention to Establish and Levy 2023-24 Assessments for the Burlingame Avenue Area Business Improvement District • Notice of Public Hearing: Consideration of Establishment and Levy of Annual Assessments on Businesses Within the Burlingame Avenue Area Business Improvement District for the 2023- 24 fiscal year 3 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING THE 2022-23 BURLINGAME AVENUE AREA BUSINESS IMPROVEMENT DISTRICT ANNUAL REPORT AND DECLARING ITS INTENTION TO ESTABLISH AND LEVY 2023-24 ASSESSMENTS FOR THE BURLINGAME AVENUE AREA BUSINESS IMPROVEMENT DISTRICT AND SETTING A PUBLIC HEARING FOR SEPTEMBER 18, 2023 WHEREAS, pursuant to California Streets and Highways Code Section 36500 et seq., the City Council of the City of Burlingame originally established the Burlingame Avenue Area Business Improvement District ("DBID") for the purpose of promoting economic revitalization and physical maintenance of said business district, and WHEREAS, a majority protest was made against renewal of the DBID in 2007 and, accordingly, the DBID was not renewed at that time; and WHEREAS, in 2010 the DBID was re -instituted after the City Council amended the ordinance to revise the method and amount of the assessments and no majority protest was made against the revised assessments; and WHEREAS, the DBID Advisory Board has filed its 2022-23 annual report with the City Clerk and has requested the Burlingame City Council to set a public hearing and to levy the DBID assessments for the 2023-24 year; and WHEREAS, the DBID has provided important services in enhancing the downtown Burlingame Avenue business area, its businesses and properties; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES HEREBY RESOLVE, DETERMINE, AND FIND AS FOLLOWS: 1. The City Council accepts and approves the 2022-23 annual report of the Burlingame Avenue Area Business Improvement District, a copy of which is attached as Exhibit "A". 2. The Burlingame City Council intends to levy an assessment for the 2023-24 year, beginning October 1, 2023, on businesses in the DBID in order to pay for improvements and activities of the DBID. 3. The types of improvements and activities proposed to be funded by the levy of assessments on businesses in the DBID are set forth in Exhibit "B", incorporated herein by reference; these activities and improvements are without substantial change from those previously established for the DBID. 4. The method and basis of levying the assessments on the businesses in the DBID for the 2023-24 year shall remain the same as those used to determine the assessments levied on DBID businesses in the 2022-2023 year. 5. New businesses shall not be exempt from assessment. 6. The annual report of the DBID is on file at the Office of the City Clerk at 501 Primrose Road, Burlingame, California, and is available for review during regular business hours, 8 am to 5pm, Monday through Friday. 7. The City Council of the City of Burlingame hereby schedules a public hearing on the proposed DBID assessments for 2023-24 for Monday, September 18, 2023, at 7:00 p.m. The meeting will be held in the Council Chambers. Members of the public may view the meeting either in -person or by logging into the Zoom meeting through the link published within the meeting agenda on the City's website, or by accessing the meeting by phone. Access information can be found at www.burlin ag me.org. 8. At the public hearing, the City Council will receive testimony and evidence, and interested persons may submit written comments before or at the public hearing, or they may be sent by mail or delivered to the City Clerk, Burlingame City Hall, 501 Primrose Road, Burlingame, CA 94010. 9. At the public hearing, any and all persons may make oral or written protests against the proposed assessments. In order for a protest to be counted in the majority protest against the proposed assessments or programs and services, the protest must be submitted in writing to the City Clerk at or before the close of the public hearing on September 18, 2023. Each written protest shall identify the business and its address, include a description of the business and the amount of the assessment proposed for that business. If the person signing the protest is not shown on the official records as the owner of the business, then the protest shall contain or be accompanied by written evidence that the person is the owner of the business or otherwise empowered to enter a protest on its behalf. A written protest that does not comply with the provision of this paragraph will not be counted in determining a majority protest. Any written protest as to the regularity or sufficiency of the proceeding shall be in writing and clearly state the irregularity or defect to which objection is made. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. 10. At the conclusion of the public hearing, if the City Council determines that there are, of record, written protests by the owners of businesses within the downtown Burlingame Avenue Area Business Improvement District which will pay fifty percent (50%) or more of the total assessments of the entire District, as to the proposed assessments, the City Council shall not levy any assessment for the District. At the conclusion of the public hearing, if the City Council determines that there are, of record, written protests by the owners of businesses within the District which will pay fifty percent (50%) or more of the total assessments of the entire District only as to a particular improvement or activity proposed, then that particular improvement or activity shall not be included in the District. 11. Further information regarding the proposed assessments and the procedures for filing a written protest, may be obtained from the City Clerk, Burlingame City Hall, 501 Primrose Road, Burlingame, California, 650-558-7203. 12. The City Council directs the City Clerk to provide notice of the September 18, 2023, public hearing by publishing notice as well as this Resolution in a newspaper of general circulation in the City of Burlingame in accordance with the requirements of the Government and Streets & Highways Codes and mailing them in accordance with those requirements as applicable. 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 on the 2Is t day of August, 2023, and was adopted thereafter by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: Meaghan Hassel -Shearer, City Clerk Exhibit A July 18, 2023 Burlingame City Council City of Burlingame 501 Primrose Road Burlingame, CA 94010-3997 Honorable Council Members: The DBBID Advisory Committee is planning no changes to the assessment or boundaries of the district. Current Checking Balance: (As of 7/18/23): $ 45,576.17 Executive Summary In our 12+ years representing local business owners, we have a rich array of diverse businesses from which to cull creative and trend setting ideas as well as solid financial reserves. We are a group of dedicated business owners and managers who volunteer as Board Members. The DBID has a strong voice representing business interests that have resulted in several benefits to the community. ✓ DBID has a proven track record of hosting live events that have brought people out to Burlingame thus connecting businesses with customers. ✓ DBID is the information hub for City departments regarding the current business climate and trends and we have been the conduit to voice concerns and be an advocate on behalf of local business owners to the City and Economic Development Council. Operationally, the board has taken action and continues to refine policies and procedures as well as our branding and visibility in the community. Recent action items were to update the title and functions of the administrator to Executive Director; initiate a call to action among businesses regarding recent Parklet and business license fees; establishing performance -based vendors, and continuing to update our Board membership vetting process and expectations of Board Members. While we continue to have a few open seats on our Board of Directors, we continue our outreach campaign to fill those spots. We continue to find that many business owners are electing to focus on their businesses as opposed to committing to a Board Position... however, will continue to attend meetings and volunteer as their Downtown Burlingame Business Improvement District P.O. Box 563 Burlingame, CA 94011 - 0563 schedules permit. Our current Board Members are committed to our mission and we will notify you of any changes to the DBBID Board and Advisory Committee as they occur. Our Current Advisory Committee is: Jenny Keleher - DBBID President- A Runner's Mind Nick Kosturos - DBBID Treasurer - Patronik Designs Our Current Board Members are: Jenny Keleher - President- A Runner's Mind Nick Kosturos - DBBID Treasurer - Patronik Designs Batya Berenfus - Jewels of Monaco Aim Orn Selig - Coconut Bay / Shama Thai Massage Rachel Ni - Coldwell Banker Homes Following enclosures include our financial statement to date and our proposed budget for the 2023 - 2024 fiscal year. Proposed expenditures for the remainder of the current year include: • $5,000 for Executive Director & Operations Costs • $1,000 for Accountant / Tax Preparation and Fees • $2,000 for Wine Walk Expenditures Our activities and programs completed for this fiscal year or in development to date include: • Fall Fest (October, 2022) - This was our 5th year hosting this event and it was a huge success (especially after the forced hiatus due to the pandemic). • Holiday Event on Burlingame Ave (December, 2022) - yearly event put on in conjunction with the Burlingame Parks and Rec to bring the community downtown to enjoy the Tree Lighting, Santa on the Avenue, Free Train Rides, Music and Entertainment to kick off the Holiday Season. • Merchant Mixers - an opportunity for our Merchants to meet, mix and mingle with one another and to learn about the DBID and happenings in Downtown Burlingame. • Wine Walk (August, 2023) - We are hosting a wine walk to raise funds to help us 'light up the downtown'. • Member (business) Outreach and Safety - Information brought to us from the City Council, BPD, PW, City Manager has been distributed to our DBID members via social media and our newsletter. Surveys, which were requested by the City departments, were distributed, with results retuned to the City Council, PW and City Manager to aid in their decision making process. Downtown Burlingame Business Improvement District P.O. Box 563 Burlingame, CA 94011 - 0563 • Acted as conduit between the City departments and restaurants with Parklets to handle surveys and information with regards to parklets, fees and information dissemination. • DBBID Website, Interactive Map development and maintenance • Continued to grow and maintain Social Media presence of the DBBID and Downtown Burlingame Merchants (Instagram, Facebook, Twitter, etc.) • Maintain Kiosk Maps with bi-annual updates to showcase the downtown businesses • Maintain communication network for important information dissemination • Merchant communication efforts include: email / Newsletter contact regarding downtown updates, parking updates, street closures, upcoming events, etc. New Merchant Outreach (individually contacting new merchants to introduce the DBBID and welcome them to the community and to engage in future DBBID efforts. • Newsletters to merchants and subscribed members regarding community events and notices regarding events / issues happening in Downtown area. • Continued Marketing efforts to promote ALL businesses downtown (not just retail, restaurants and salons). • Set up and remove American Flags to celebrate patriotic holidays. Looking Forward: 2023 - 2024 • Fall Fest - October, 2023 • Holiday Event - December 2023 • 2nd Annual Holiday "Display Window Competition" • Spring Merchant Mixer, 2024 • Fall Merchant Mixer, 2024 • Wine Walk, 2024 • Increase Social Media Awareness of Downtown Burlingame • Continue Due Diligence/Fiduciary Responsibilities / Best Practices and assure that standard operating procedures continue to be followed We continue to believe we all continue to work together to promote the success of Downtown Burlingame with the tools and expertise we have in place. We are committed to this and look forward to continuing this effort. Respectfully submitted by, The DBBID Advisory Committee Jenny Keleher - DBBID President- A Runner's Mind Nick Kosturos - DBBID Treasurer - Patronik Designs Laurie Hilt - Executive Director Downtown Burlingame Business Improvement District P.O. Box 563 Burlingame, CA 94011 - 0563 Downtown Burlingame Improvement District Income Direct Public Support Fall Fest 2022 Income Member Dues 2021 - 2022 Member Dues 2022 - 2023 Total Direct Public Support Other Types of Income Miscellaneous Revenue Total Other Types of Income Uncategorized Income Total Income GROSS PROFIT Expenses Events (deleted) Mixer Total Events (deleted) Marketing and Advertising Hotel Advertising Maps and Schedules Print Total Hotel Advertising Web Site Hosting Total Marketing and Advertising Operations Contract Services Accounting Fees Administrative Assistant Total Contract Services Dues and Subscriptions Insurance Office Supplies_Storage Stamps, PO Rental Total Operations Special Events Fall Fest 2022 Fall Fest 2023 Holiday Event 2022 Total Special Events Total Expenses NET OPERATING INCOME Profit and Loss October 2022 - September 2023 TOTAL 20,133.47 5,618.23 64,565.75 90,317.45 49,636.35 -48,690.87 945.48 262.02 $91,524.95 $91,524.95 87.70 87.70 343.27 238.50 219.90 458.40 252.00 1,053.67 242.83 5,333.32 100.00 18,666.62 24,099.94 1,641.69 615.00 1,771.34 1.44 28,372.24 30,452.96 339.00 26,971.56 57,763.52 $87,277.13 $4,247.82 Accrual Basis Tuesday, July 18, 2023 10:34 AM GMT-07:00 1/2 TOTAL Other Expenses Reconciliation Discrepancies 57.51 Total Other Expenses $57.51 NET OTHER INCOME $ -57.51 NET INCOME $4,190.31 Accrual Basis Tuesday, July 18, 2023 10:34 AM GMT-07:00 2/2 Exhibit B DBID Budget 2023 - 2024 Item Income: 2023/2024 City of Burlingame Assessment Coverage $ 80,000.00 Total Income: $ 80,000.00 Expenses: Operations Marketing / Advertising Member Enhancements Events/ Downtown lighting Administrator $ 32,000.00 Accountant / Legal $ 1,100.00 Office supplies / PO Rental / Storage $ 3,000.00 Dues and Subscriptions $ 500.00 Insurance $ 700.00 Total Operations: $ 37,300.00 Online Map Maintenance $ 650.00 Website (Hosting and Domain) $ 300.00 Marketing/Branding $ 8,000.00 Total Marketing: $ 8,950.00 Beautification / Labor / Supplies $ 500.00 Total Member Enhancements: $ 500.00 Fall Fest 2022 $ 15,000.00 Holiday Event 2023 / Lighting $ 25,000.00 Merchant Mixers $ 600.00 $ 40,600.00 Events/ Downtown Lighting Total Expenses: $ 87,350.00 NOTICE OF PUBLIC HEARING TO CONSIDER PROPOSED ASSESSMENTS FOR THE BURLINGAME AVENUE AREA BUSINESS IMPROVEMENT DISTRICT FOR 2023-24 AND TO DETERMINE WHETHER A MAJORITY PROTEST HAS BEEN MADE PLEASE TAKE NOTICE that on September 18, 2023 at 7:00 p.m., in the Council Chambers, Burlingame City Hall, 501 Primrose Road, Burlingame, the City Council of the City of Burlingame will conduct a public hearing to consider the following: The adoption of a Resolution imposing proposed assessments on businesses in the Burlingame Avenue Area Business Improvement District for the 2023-24 fiscal year, the amounts of those assessments, the types of improvements and activities proposed to be funded by the assessments, and the method and basis of levying the assessments 2. Any and all written protests against said assessments. 3. Whether there are written protests to the proposed assessments by the owners of businesses within the Burlingame Avenue Area Business Improvement District which will pay fifty percent (50%) or more of the total assessments of the entire District. 4. Whether there are written protests to a particular District improvement or activity by the owners of businesses within the Burlingame Avenue Area Business Improvement District which will pay fifty percent (50%) or more of the total assessments of the entire District. The proposed basis for the 2023-24 assessment is the same as that used for the 2022-23 fiscal year. The purposes, programs and activities to be supported by the proposed assessments are described in the Resolution of Intention, a copy of which is available for review at the City Clerk's Office, 501 Primrose Road, Burlingame California. The public hearing on the proposed Burlingame Avenue Area Business Improvement District programs and the assessments for the 2023-24 fiscal year is set for September 18, 2023 at 7:00 p.m. before the City Council of the City of Burlingame. The meeting is scheduled to be held in the Council Chambers. Members of the public may view the meeting either in -person or by logging into the Zoom meeting through the link published within the meeting agenda on the City's website, or by accessing the meeting by phone. Access information can be found at www.burlin ag me.org. At that time, the Council will hear from any interested person who wishes to submit written or oral testimony regarding the proposed assessments. Oral or written protests may be made before or at that public hearing, but no later than the close of the public hearing. See the Resolution of Intention for information on how protests are made and what effect protests have. Further information regarding the proposed assessments may be obtained from the City Clerk at City Hall, 501 Primrose Road, Burlingame, California 94010 (650-558-7203). Written comments and/or written protests may be directed to the City Council, Burlingame City Hall, 501 Primrose Road, Burlingame, CA 94010. BURi®NGAME AGENDA NO: 10p STAFF REPORT MEETING DATE: August 21, 2023 To: Honorable Mayor and City Council Date: August 21, 2023 From: Maria Saguisag-Sid, Human Resources Director — (650) 558-7209 Subject: Approval of Out -of -State Travel for Members of the Deferred Compensation Retirement Committee to Attend the National Association of Government Defined Contribution Administrators, Inc. (NAGDCA) Annual Conference RECOMMENDATION Staff recommends that the City Council approve out-of-state travel for two members of the Deferred Compensation Committee to attend the National Association of Government Defined Contribution Administrators, Inc. (NAGDCA) 2023 Annual Conference for training and professional development. BACKGROUND The NADGCA Annual Conference will take place on October 8-11, 2023, in Seattle, Washington. This conference provides plan sponsor representatives with training and development opportunities focused on building, maintaining, and supporting effective government -defined contribution plans. As part of the City's benefit offerings to employees, the City administers a 457 deferred compensation plan. Oversight for the plan is by a committee consisting of active and retired employees; Empower, the plan recordkeeping administrators; and NFP, the plan advisors. The committee meets quarterly to review plan activities, investment options, educational offerings, and legislation related to the plan. DISCUSSION The NAGDCA Annual Conference will provide good resources and training to help committee members improve their professional expertise and understanding of deferred compensation plan administration. The conference will also provide education to improve the oversight of the 457 deferred compensation plan. Information received at this conference will be shared with other deferred compensation committee members at their quarterly meeting. Section III.1.a of the City's Expense Reimbursement Policy requires City Council approval for out- of-state travel. Pursuant to the policy, staff is requesting the Council's approval of two committee members' travel to Seattle, Washington where the conference is being held this year. 1 Approval of Out -of -State Travel August 21, 2023 FISCAL IMPACT Registration for the NAGDCA Annual Conference is $700 per person. Hotel, airfare, meals, ground transportation, and incidentals combined are expected to be less than $2,000 per person. Funds for the two participants are available in the deferred compensation program budget. 2 BURi®NGAME AGENDA NO: 10q STAFF REPORT MEETING DATE: August 21, 2023 To: Honorable Mayor and City Council Date: August 21, 2023 From: Maria Saguisag-Sid, Human Resources Director — (650) 558-7209 Subject: Adoption of a Resolution Authorizing the City Manager to Modify the Compensation & Benefit Plan for the City of Burlingame Department Head & Unrepresented Classifications to Include the Senior Human Resources Analvst Classification RECOMMENDATION Staff recommends that the City Council adopt the attached resolution authorizing the City Manager to modify the Compensation & Benefit Plan for the City of Burlingame Department Heads & Unrepresented Classifications (the Plan) to include the Senior Human Resources Analyst classification. BACKGROUND On June 5, 2023, the City Council approved the new Senior Human Resources Analyst classification and authorized the filling of the position in Fiscal Year 2023-2024. The Human Resources Department initiated a recruitment process to fill the new Senior Human Resources Analyst position and is in the final stages of the background check for the selected candidate. This position replaces one of the two Human Resources Analyst II positions and will provide advance level support in the Human Resources Department. DISCUSSION The City Manager has reviewed the Senior Human Resources Analyst classification and has determined it is appropriate for it to be part of the Unrepresented Classifications due to the confidential nature of duties and level of management responsibilities. This is in line with the other Human Resources classifications that are Unrepresented Employees. In order for the new Senior Human Resources Analyst classification to be recognized as part of the Unrepresented Employees, the Plan needs to be amended and adopted by the City Council. The revised Plan is attached and includes the addition of the new position. With the adoption of the revised Plan, the incoming candidate will be provided benefits like other Unrepresented Employees in the organization. 1 Approval of Revised Compensation & Benefit Plan August 21, 2023 FISCAL IMPACT As noted above, the Senior Human Resources Analyst position was recommended and approved in the Fiscal Year 2023-2024 Budget. Therefore, there is no fiscal impact associated with this action. Exhibits: • Resolution • Compensation & Benefit Plan for the City of Burlingame Department Head & Unrepresented Classifications 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING CHANGES TO THE COMPENSATION & BENEFIT PLAN FOR DEPARTMENT HEAD & UNREPRESENTED CLASSIFICATIONS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE PLAN ON BEHALF OF THE CITY WHEREAS, the Compensation and Benefit Plan for the City of Burlingame Department Head & Unrepresented Classifications was last approved on June 6, 2022; and WHEREAS, the City has created a new classification of Senior Human Resources Analyst; and WHEREAS, the City Manager has reviewed and determined that the Senior Human Resources Analyst should be part of the Unrepresented Classifications due to the confidential nature of the position; and WHEREAS, the City Manager recommends the Senior Human Resources Analyst be added to the current Compensation & Benefit Plan for Department Head & Unrepresented Classifications. NOW, THEREFORE, BE IT RESOLVED, 1. The Compensation and Benefit Plan for the City of Burlingame Department Head & Unrepresented Classifications is amended to include the Senior Human Resources Analyst as an Unrepresented Classification. 2. The City Manager is authorized and directed to execute the Compensation and Benefit Plan for the City of Burlingame Department Head & Unrepresented Classifications Michael Brownrigg, Mayor I, MEAGAHN 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 21t" day of August, 2023, and was adopted thereafter by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Meaghan Hassel -Shearer, City Clerk COMPENSATION & BENEFIT PLAN FOR THE CITY OF BURLINGAME DEPARTMENT HEAD & UNREPRESENTED CLASSIFICATIONS Effective August 21, 2023 This Compensation and Benefit Plan covers the City of Burlingame (City) Department Head and Unrepresented Group (DH/UR). 1. RECOGNITION 1.1 Positions Covered The positions covered by this agreement include all Department Head and Unrepresented classifications that work under the direction and at the will of the City Manager. These positions are all "confidential' classifications based on the nature of their work. The classifications that are covered by this compensation and benefit plan are as follows: Department Head Classifications: City Clerk City Librarian Community Development Director Finance Director Human Resources Director Parks & Recreation Director Police Chief Public Works Director Unrepresented Classifications: Assistant Public Works Director/City Engineer Assistant to the City Manager Chief Building Official Code Compliance Officer and Senior Risk Analyst Deputy/Assistant City Attorney Deputy Director of Public Works Operations Deputy Finance Director Financial Services Manager Executive Assistant Human Resources Technician Human Resources Analyst II Parks Superintendent/City Arborist Planning Manager Senior Human Resources Analyst The City Manager and City Attorney are not included as part of this compensation and benefit plan, but receive the same benefits plan as the City of Burlingame Department Head and Unrepresented Group (DH/UR) unless specifically noted in their employment agreements. 2. SALARY 2 2.1 Salary Adiustments 2% increase effective first pay period containing January 1, 2023 2.2 Work out of Class Pay and Temporary Upgrade Pay (TUP) When an employee is assigned in writing to work out of class and temporarily replace another employee in a higher classification for five (5) consecutive workdays or more, the employee shall receive a 5.0% salary differential. In accordance with the California Code of Regulations (CCR) section 571a and b, Temporary Upgrade Pay is compensation to employees who are required to work in a vacant upgraded position/classification of limited duration. Assignment to an upgraded position is accepted voluntarily. 2.3 Deferred Compensation The City will maintain a matching contribution to deferred compensation of $45 per bi- weekly pay period. Deferred compensation is part of the total salary and will be included as such for future salary market analysis. 2.4 Post -Employment (Retiree) Health Reimbursement Arrangement (HRA) The City shall contribute one percent (1 %) of base salary per pay period into the retiree HRA plan. Employees in the unit shall contribute two percent (2%) of base salary per pay period into the retiree HRA. Fees will be paid in accordance with the Plan Document. During the term of this MOU, employees in this unit may elect to contribute a set amount of salary to the retiree HRA and/or contribute separation pay to the retiree HRA. The City shall be notified of any such election sixty (60) days prior to the effective date. The Unit has elected to change the conversion of separation pay arrangement for calendar year 2022. All employee separations occurring between January 1, 2022 and December 31, 2022 shall be handled in the following manner: • At the time of separation from City merit employment, separation pay arrangements shall be as follows: o 50% of administrative and vacation leave balances shall be contributed to the employee's HRA account. 3. BENEFITS 3.1 Health Insurance Coverage 3.1.1 No Plan Employees who demonstrate they have medical insurance through another source will receive $350 per month in lieu of health insurance. This is subject to normal taxation. 3.1.2 Flexible Benefit Plan 3 Under the Flexible Benefit Plan, the City's monthly contribution to PERS to provide health insurance benefits for the individual and the employee's eligible dependents shall be $149.00 per month effective January 1, 2022, and shall adjust in accordance with the Minimum Employer Contribution (MEC) established by the Public Employees Medical and Hospital Care Act. In addition, the City shall offer an Internal Revenue Code Section 125 Plan that contains the components of benefit allowance, premium conversion, health care reimbursement account, and dependent care reimbursement account. The City shall contribute the below -listed amount per month toward each employee's Section 125 Plan benefit allowance components. All contributions listed below include the PERS required Minimum Employer Contribution (MEC). • Employee Only: 92.5% of the selected medical plan premium up to a maximum of 92.5% of the third highest plan Ca1PERS Bay Area premium rate for Employee only • Employee plus one: 92.5% of the selected medical plan premium up to a maximum of 92.5% of the third highest plan Ca1PERS Bay Area premium rate for Employee plus one • Employee plus two or more: 92.5% of the selected medical plan premium up to a maximum of 92.5% of the third highest plan Ca1PERS Bay Area premium rate for family coverage An employee that enrolls in a medical plan that has a higher premium than the City's contribution as stated above will pay the difference via pre-tax payroll deductions. 3.2 Retiree Medical 3.2.1 Retiree Medical for Employees Hired Prior to March 31, 2008 who Retire prior to January 1, 2015 (Tier 1) Employees hired prior to March 31, 2008 who retire prior to January 1, 2015 with a minimum of five (5) years of service with the City will receive a retiree medical benefit equivalent to the amount necessary for actual enrollment in single, two-party, or family coverage, up to a maximum dollar amount of the Kaiser family premium rate. 3.2.2 Retiree Medical for Employees Hired Prior to March 31, 2008 and Retire on or after January 1, 2015 (Tier Ia) Effective January 1, 2015, employees hired prior to March 31, 2008 who retire on or after January 1, 2015 with a minimum of five years of City service will receive a retiree medical benefit as follows: El • The City will contribute up to the Bay Area Region premiums for the third highest Employee Only plan for single retirees, the third highest Two -Party plan for retiree plus one, or Kaiser Family for retiree plus two or more. • Eligible retirees who are 65 years of age or older must enroll in Medicare. The City will contribute up to the Medicare supplement plan (or Medicare Combination plan, as applicable to enrollment) premium for the third highest Employee Only plan for single retirees, the third highest Two -Party plan for retiree plus one, or Kaiser for retiree plus two or more. 3.2.3 Retiree Medical for Employees Hired Between March 31, 2008 and October 31, 2011 (Tier 2) Employees hired between March 31, 2008 and October 31, 2011 who retire with a minimum of five years of service with the City will receive a retiree medical benefit based upon years of service as follows: Years of City Monthly Contribution (tied to Basic, Combination, or Service Medicare plan, as applicable to enrollment 0 to the end of 91}i Minimum monthly amount as governed by the Ca1PERS year of service Health System. 10 years to the 100% of the lowest medical premium provided through end of the 14' Ca1PERS approved medical providers for employee only. year of service 15 years to the 75% of the lowest medical premium provided through end of the 19t' Ca1PERS approved medical providers for employee +1 year of service dependent. 20 years of 100% of the lowest medical premium provided through service or more Ca1PERS approved medical providers for employee +1 dependent. 3.2.4 Retiree Medical for Employees Hired On or After November 1, 2011 (Tier 3) Employees hired on or after November 1, 2011 will receive the following contributions to a Post -Employment (Retiree) Health Reimbursement Arrangement (HRA), based on years of service with the City. Years of Service Monthly Contribution 0- to the end of the 4th 2.0% year of service 5 years of service to the 3.0% of base pay end of the 191h year of service 20 years of service or 5.5% of base pay more 3.3 Dental and Vision Plans 3.3.1 Dental Plan Effective January 1, 2016 and each calendar year thereafter, the City will reimburse up to $1900 per year per employee for dental related expenses. In addition, all enrolled eligible dependents will receive a maximum combined benefit of $1800 of reimbursable dental expenses per calendar year. Effective January 1, 2020 and every calendar year thereafter, the City will reimburse up to $2,500 per year per employee for dental expenses and $1,500 per dependent per year, not to exceed $3,000 cumulative per year for all eligible dependents. 3.3.2 Vision Plan Effective January 1, 2016 and each calendar year thereafter, the maximum reimbursement for an employee for vision eligible expenses will be $600 annually not including an eye examination. If an eye examination is included in the reimbursement the maximum reimbursement will be increased to $700. The maximum cumulative reimbursement for eligible dependents shall not exceed $300 per calendar year or $350 per calendar year if an eye examination is included for reimbursement, for vision eligible expenses. Effective January 1, 2020 and each calendar year thereafter, the maximum reimbursement for an employee for vision eligible expenses is one thousand dollars ($1,000) annually, not including an eye examination. If an eye examination is performed, the maximum reimbursement is twelve hundred dollars ($1,200) per calendar year. The maximum cumulative reimbursement for vision eligible expenses for eligible dependents shall not exceed six hundred dollars ($600) per calendar year, including eye examinations. 3.4 Long Term Disability (LTD) The City agrees to provide Long -Term Disability (LTD) coverage to Department Heads and Unrepresented classifications. The coverage is 60% of covered earnings with a maximum monthly benefit of $8,000. If the Police Chief elects to obtain LTD coverage through his or her respective professional organizations, the City agrees to pay the premium of such LTD coverage. 3.5 Life Insurance The City agrees to provide a term life -insurance policy in the amount of $250,00 for the Department Head group, and $100,000 for the Unrepresented group. 3.6 Regular Part -Time Benefitted Employee Benefits Insurances and Other Benefits Regular part-time employees shall be entitled to insurance coverage and other benefits as follows, pro -rated accordingly: • Medical Insurance (including Retiree Health) - City payment of medical insurance premiums as provided in the Insurance and Other Benefits section of the MOU, pro -rated. 0 • Life Insurance - The City will provide life insurance coverage in the same amount as full time employees in the unrepresented unit. • Health Reimbursement Arrangement (HRA) — Regular part-time employees are eligible to the same benefit as regular full time employees, pro -rated. • Deferred Compensation (457) — Regular part-time benefitted employees receive a matching City contribution of $30 per pay period. Employees are automatically enrolled in the benefit at the City matching amount. • Voluntary Coverages — Regular part-time benefitted employees may enroll in the City's long term disability insurance, supplemental life insurance, dental plan, vision plan and/or the Section 125 plan. Voluntary coverage enrollment is subject to plan provisions. The employee must request in writing to the employer his/her desire to enroll and pay applicable premiums. Leaves — Accrual, Limits and Adjustments - The City provides all regular part-time benefitted employees with the same vacation, sick leave, holiday leave and accrual limits that apply to regular full time employees, pro -rated. Holidays are paid as the holiday occurs, in the same manner as regular full time staff. Two Floating Holidays per calendar year are pro -rated according to each employee's budgeted percentage of full-time employment. The City will stop all paid leave accruals when an employee goes on an unpaid status; unless otherwise provided by law. 4. RETIREMENT 4.1.1 Retirement Formula • Effective 03/31/2008, the City amended its contract with Ca1PERS to provide for the 2.5% at 55 retirement formula for all miscellaneous employees. Miscellaneous employees hired after January 1, 2013, who are not considered "classic employees," shall receive the 2% @ 62 retirement benefit and are subject to the PEPRA rules. The Police Chief shall receive the 3% @ 50 retirement benefit afforded to other sworn Police Personnel. A Police Chief who is new to the PERS system shall receive the 2% @ 57 retirement benefit. 4.1.2 Retirement Contribution • Department Head and Unrepresented employees will contribute 1.50% of the employer's contribution to PERS retirement via payroll deduction on a pre-tax basis. The City shall "pick-up" the employer contribution amount that is being paid by the employees through a payroll reduction under IRS Code Section 414(h)(2). Department Head and Unrepresented employees hired 01/01/2013 and after are exempt from this contribution. 7 4.2 One -Year Final Compensation • Classic employees, who are those employees hired prior to January 1, 2013, shall receive the One -Year Final Compensation Benefit (GC Section 20042). Miscellaneous employees hired after January 1, 2013 who are not "classic employees" are subject to the average of the last three years of final compensation for retirement calculations. 4.3 Military Buy Back for Creditable Service • The City contracts with Ca1PERS to provide for Military Service Credit (GC 21024). 4.4 Pre -Retirement Optional Settlement 2 Death Benefit • The City's contract with CAPERS provides the Pre -Retirement Optional Settlement 2 Death Benefit (GC 21548), which gives the surviving spouse of a retirement -eligible active employee the highest possible retirement benefit as though the employee had retired the day before death and selected the option. 5. VACATION 5.1 Vacation Accrual Vacation Accrual rates will change on an employee's anniversary date as follows: Biweekly Additive Maximum Length of Service Accrual Rate Amount Accrual 0-4 years 3.08 160 5 4.62 +40 240 11 4.93 +8 256 12 5.24 +8 272 13 5.54 +8 288 14 5.85 +8 304 15 6.16 +8 320 16 6.47 +8 336 17 6.78 +8 352 18 7.09 +8 368 25 7.39 +8 384 Note: The maximum vacation accrual for the Police Chief is 448 hours. 5.2 Vacation Accrual Maximum An employee shall not be allowed to have an accumulation of more than two years' credit at any time. 6. SICK LEAVE 6.1 Sick Leave Accrual Employees will accrue 3.69 hours of sick leave per pay period. 6.2 Sick Leave Conversion Upon retirement, employees with sick leave balances may convert all sick leave hours to Ca1PERS credible service per GC Section 20965, with the exception of the Police Chief, who will receive the same sick leave conversion benefit as granted to the Police Administrators. The Police Administrators can elect to have all sick leave hours converted to CalPERS credible service, or they can elect to be compensated for up to 600 hours of accumulated sick leave. Any remaining sick leave hours can then be converted to Ca1PERS credible service. 6.3 Maximum Accrual The maximum sick leave accrual is 2,000 hours, except that the maximum accrual for the Police Chief is 2,080 hours. 7. HOLIDAY PAY 7.1 Holidays for Regular Full-time Employees Regular full-time employees shall be entitled to observe all authorized holidays at full pay, not to exceed eight hours for any one day. 7.2 Holidays Listed The following are the authorized holidays: New Year's Day January 1 st Martin Luther King's Birthday 3rd Monday in January Washington's Birthday 3rd Monday in February Memorial Day Last Monday in May Independence Day July 4th Labor Day 1st Monday in September Indigenous Peoples' Day 2nd Monday in October Veteran's Day November 1 lth Thanksgiving Day 4th Thursday in November Day after Thanksgiving 4th Friday in November Christmas Eve December 24th, 1/2 day Christmas Day December 25th New Year's Eve December 31 st, %2 day Two floating holidays per calendar year 7.3 Holiday Observance If a holiday falls on a Sunday, such holiday shall be observed on the Monday following. If a holiday falls on a Saturday, such holiday shall be observed on the preceding Friday. 7.4 Vacation on Holiday In the event any of the holidays specified above occurs while an employee is on vacation, the holiday shall not be charged to vacation. 8. ADMINISTRATIVE LEAVE ►'. 8.1. Department Head Classifications Department Head classifications shall be granted 80 hours of administrative leave per year. Administrative Leave accrues on a bi-weekly basis. The City Manager may approve up to an additional 40 hours of administrative leave for Department Heads when warranted (any additional contribution to a leave bank does not change accrual rates). 8.2. Unrepresented Classifications All unrepresented classifications, with the exception of the HR Technician and Executive Assistant, shall be granted 80 hours of administrative leave per year. Administrative Leave accrues on a bi-weekly basis. With the consent and recommendation of the Department Head, an employee may request that the City Manager authorize additional administrative leave up to a maximum of 40 hours per calendar year (any additional contribution to a leave bank does not change accrual rates). This additional leave may be granted based on: Excessive hours worked; The value of the extraordinary effort, and The performance of the employee The City Manager has full discretion in deciding whether to grant additional leave. This provision does not increase the amount of administrative leave time that may be paid out. The HR Technician and Executive Assistant positions are considered FLSA non-exempt positions and are not eligible for administrative leave. 8.3 Administrative Leave Payout Employees eligible for administrative leave may have a maximum of one year of administrative leave on the books and may request administrative leave pay out at any time by submitting the payout request on the timesheet. When administrative leave balances exceed the one-year maximum (80 hours), hours that exceed the one-year maximum will automatically be paid out. 8.4 Separation Pays Accumulated Leave Allowance For Separated Employees Employees who separate shall be paid the straight -time, base pay, salary equivalent in a lump sum for all eligible accrued leave earned (vacation, administrative leave, holiday, eligible sick leave). 9. PROFESSIONAL DEVELOPMENT & ALLOWANCES 9.1. Professional Development Department Head classifications are eligible to receive up to $2,500 per fiscal year for professional development expenses. For details, refer to the Professional Development Policy. 10 9.2 Auto Allowance Department Head classifications are eligible to receive auto allowance as enumerated below. This is subject to normal taxation. Classification Finance Director City Clerk Community Development Director Human Resources Director City Librarian Parks & Recreation Director Public Works Director Monthly Amount $200 $200 $200 $200 $200 $350 $350 9.3. Uniform Allowance The Police Chief will receive an annual uniform allowance the same as granted to the Association of Police Administrators. 9.4 POST Certificate Pay The Police Chief shall be eligible to receive $1,034.50/month upon obtaining the POST Executive Certificate. 11 BUR— N�An� AGENDA NO: 10r 1... STAFF REPORT MEETING DATE: August 21, 2023 To: Honorable Mayor and City Council Date: August 21, 2023 From: Margaret Glomstad, Parks and Recreation Director — (650) 558-7307 Subject: Adoption of a Resolution Accepting the New Community Center Project No. 83240 in the Amount of $51,561,825 RECOMMENDATION Staff recommends that the City Council adopt the attached resolution accepting the new Community Center Project No. 83240 in the amount of $51,561,825. BACKGROUND Since 2012, City staff, in collaboration with Group 4 Architecture, the Citizens' Advisory Committee (CAC), and community members, has been working on developing plans for a new Community Center in Washington Park. The work included the development of a Master Plan for the active areas of the park, including the identification of site locations for the park amenities (Community Center Master Plan) and conceptual designs of the proposed building within the Master Plan. The City Council approved the Community Center Master Plan on July 7, 2014. After many years of community input, public meetings, design options, and phasing of the construction documents and bidding, the City Council awarded the construction contract to BHM Construction, Inc. at the April 20, 2020 Council meeting. The contract amount was $40,138,000, with a construction contingency of $5,000,000 and an architectural contingency of $125,951. The project also included other associated costs including furniture, fixtures, and equipment; photovoltaic panels; utility and connection fees; special inspection fees; testing fees; utility and permit fees; legal ads/noticing; and architectural and construction manager fees. DISCUSSION The project construction has been satisfactorily completed in compliance with the plans and specifications. The final construction cost of $44,145,948 included several change orders issued throughout the project, including a change order for photovoltaic panels. While the City is accepting the project as satisfactorily completed, the City intends to withhold $304,957.50 of the retention from release at this time. This withholding is pursuant to Public Contract Code (PCC) Section § 7107(c), and includes both minor work not yet completed, as well as 125% the cost of a change order amount that remains in dispute between the City and the 1 Resolution Accepting the New Community Center Project No. 83240 August 21, 2023 Contractor. This remaining amount will be released once work is completed, and when the dispute has been resolved, respectively. FISCAL IMPACT Project Expenditures: The following are the total project expenditures: Construction Contract $44,145,948 Furniture, Fixtures, & Equipment $676,266 Temporary Facilities $814,964 Architectural Team $3,863,955 Geotechnical $565,449 Construction Manager $1,404,779 Legal Ads/Noticing $5,335 Inspection, Testing, Utility, Permit Fees $85,129 Total $51,561,825 In addition to City funds, the Burlingame Parks and Recreation Foundation's Capital Campaign raised funds to offset some of the project costs, in particular, upgrades to the audio-visual systems in the Community Hall, Maple Meeting Room, and Elm Meeting Room, and new furnishings throughout the facility. In March 2023, the Capital Campaign transferred $1,005,497 to the City. The City also received grant funds for the purchase of recycling bins and EV chargers in the amount of $22,376. Exhibit: • Resolution 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME ACCEPTING IMPROVEMENTS FOR THE NEW COMMUNITY CENTER PROJECT BY BHM CONSTRUCTION, INC., CITY PROJECT NO. 83240, IN THE AMOUNT OF $51,561,825 WHEREAS, on April 20, 2020, the City Council authorized the award of the construction contract for the new Community Center in the amount of $40,138,000 and a project contingency of $5,000,000 for construction and $125,951 for architecture; and WHEREAS, the Burlingame Parks and Recreation Foundation raised $1,005,497 to offset furniture, fixtures, equipment, and technology upgrades due to new meeting requirements arising from COVID; and WHEREAS, the City received grant funding to purchase recycling bins and EV chargers in the amount of $22,376; and WHEREAS, the project construction has been satisfactorily completed in compliance with the plans and specifications; and WHEREAS, the final construction cost, including change orders issued throughout the project and the inclusion of photovoltaic panels was $44,145,948; and WHEREAS, pursuant to the California Public Contract Code (PCC) Section 7107, the City intends to withhold approximately $304,957.50 from the retention amount, which represents the cost of minor work that has not yet been completed, as well as the cost of a change order that is currently in dispute between the City and the Contractor; and, WHEREAS, the City will release these withheld funds when the work is completed and the dispute is resolved, respectively; and WHEREAS, the total cost for the project from Design Development to completion of construction was $51,561,825. NOW, THEREFORE BE IT RESOLVED by the CITY COUNCIL of the City of Burlingame, California, which finds, orders, and determines as follows: 1. Subject to the retained amount noted above and as provided by Public Contract Code Section 7107, the Director of Parks and Recreation of the City of Burlingame has certified the work done by BHM Construction, Inc. under the terms of its contract with the City dated May 7, 2020, has been completed in accordance with the plans and specifications approved by the City Council and to the satisfaction of the Director of Parks and Recreation. 2. Said work is particularly described as City Project No. 83240 3. Said work is accepted. Michael Brownrigg, Mayor I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 21 st day of August, 2023, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Meaghan Hassel -Shearer, City Clerk BUR— �NGAME AGENDA NO: 11a STAFF REPORT MEETING DATE: August 21, 2023 To: Honorable Mayor and City Council Date: August 21, 2023 From: Lisa K. Goldman, City Manager — (650) 558-7243 Michael Guina, City Attorney — (650) 558-7204 Subject: Public Hearing and Introduction of an Ordinance Establishing Chapter 6.55, "San Francisco Peninsula Tourism Marketing District," of Title 6 of the Burlingame Municipal Code Regarding the Establishment of the San Francisco Peninsula Tourism Marketing District; CEQA Determination: Exempt Pursuant to State CEQA Guidelines Sections 15378 and 15061(b)(3) RECOMMENDATION Staff recommends that the City Council hold a Public Hearing to introduce the proposed Ordinance to Form the San Francisco Peninsula Tourism Marketing District (SFPTMD). To introduce the Ordinance, staff recommends the following procedure: A. Receive the staff report and ask any questions of staff. B. Conduct a Public Hearing. C. Discuss the Ordinance and by motion 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 In 2001, the San Mateo County Tourism Business Improvement District (SMCTBID) was formed pursuant to the Parking and Business Improvement Area Law of 1989 (89 Law) by Ordinance No. 1648. The San Mateo County/Silicon Valley Convention and Visitors Bureau dba The San Francisco Peninsula (SFP), and San Mateo County lodging businesses now seek to modernize the SMCTBID by forming a new District, the San Francisco Peninsula Tourism Marketing District (SFPTMD), pursuant to the Property and Business Improvement District Law of 1994 (94 Law). DISCUSSION The SFPTMD is a benefit assessment district proposed to create a revenue source to help fund marketing and sales promotion efforts for San Francisco Peninsula area lodging businesses. This approach has been used successfully in other destination areas throughout the state to improve Introduction of Ordinance forming SF Peninsula Tourism Marketing District August 21, 2023 tourism and drive additional room nights to assessed lodging businesses. The proposed SFPTMD includes all lodging businesses located within the boundaries of the cities of Belmont, Brisbane, Burlingame, East Palo Alto, Half Moon Bay, Millbrae, Pacifica, Redwood City, San Bruno, San Carlos, San Mateo, South San Francisco, and the unincorporated area of San Mateo County. SFP and lodging business owners decided to pursue formation of the SFPTMD in order to create a revenue source devoted to marketing the San Francisco Peninsula area as a tourist, meeting, and event destination. If established, the SFPTMD would generate approximately $10,336,711 on an annual basis for promotion of travel and tourism specific to the San Francisco Peninsula area. TOURISM MARKETING DISTRICTS Tourism Marketing Districts (TMDs) utilize the efficiencies of private sector operation in the market - based promotion of tourism. These special assessment districts allow lodging business owners to organize their efforts to increase tourism. Lodging business owners within the TMD fund the TMD, and those funds are used to provide services that are desired by and benefit the lodging businesses within the TMD. TMD benefits: • Funds cannot be diverted for other government programs; • They are customized to fit the needs of each destination; • They allow for a wide range of services; including destination marketing, tourism promotion, and sales lead generation; • They are designed, created, and governed by those who will pay the assessment; and • They provide a stable funding source for tourism promotion. In California, TMDs are primarily formed pursuant to the Property and Business Improvement District Law of 1994 (94 Law). This law allows for the creation of a special benefit assessment district to raise funds within a specific geographic area. The key difference between TMDs and other special benefit assessment districts is that funds raised are returned to the private non-profit corporation governing the TMD. MANAGEMENT DISTRICT PLAN The Management District Plan (Exhibit 1) includes the proposed boundary of the SFPTMD, a service plan and budget, and a proposed means of governance. The SFPTMD will include all lodging businesses located within the boundaries of the cities of Belmont, Brisbane, Burlingame, East Palo Alto, Half Moon Bay, Millbrae, Pacifica, Redwood City, San Bruno, San Carlos, San Mateo, South San Francisco, and the unincorporated area of San Mateo County. The annual assessment rate is one- and one-half percent (1.5%) of gross short-term sleeping room rental revenue for lodging businesses with 5,000 square feet or more of dedicated meeting space, and 0.75% for all other lodging businesses within the SFPTMD's boundaries. Based on the benefit Pa Introduction of Ordinance forming SF Peninsula Tourism Marketing District August 21, 2023 received, assessments will not be collected on stays of more than 30 consecutive days; stays provided to airline cockpit and/or cabin crews pursuant to an agreement between a hotel and an airline, which is in furtherance of or to facilitate such crews' performance of their jobs for the airline, including layovers between flights; employees of the state or federal government if room charges are paid directly by their employing agency and copies of official travel orders are submitted as applicable; and any properly credentialed officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty. The proposed SFPTMD will have a five-year life, beginning January 1, 2024, or as soon as possible thereafter, and ending five years from its start date. The assessment will be implemented beginning January 1, 2024 or as soon as possible thereafter. Once per year beginning on the anniversary of SFPTMD formation, there is a 30-day period in which business owners paying 50% or more of the assessment may protest and begin proceedings to terminate the SFPTMD. The City of Burlingame shall be responsible for collecting the assessments on a monthly basis (including any delinquencies, penalties, and interest) from each lodging business located in the boundaries of the SFPTMD. The City shall make all reasonable efforts to collect the assessments from each lodging business. The City shall be paid a fee equal to one percent (1%) of the amount of assessment collected, or a flat fee of $60,000, whichever is greater, each year to cover its costs of collection and administration. SFPTMD FORMATION PROCESS May 15, 2023 RESOLUTION OF INTENTION HEARING & RESOLUTION REQUESTING CONSENT (COMPLETED) Upon the submission of a written petition, signed by the lodging business owners in the proposed district who will pay more than 50% of the assessments proposed to be levied, the City Council initiated proceedings to establish a district and adopted a resolution expressing its intention to establish a district (Resolution No. 049-2023). Petition Status: Petitions in favor of SFPTMD formation were submitted by 65 lodging businesses, which represent 58.12% of the total SFPTMD assessment. This majority petition allows the City Council to initiate proceedings for SFPTMD formation at the May 15, 2023 meeting. Upon adoption of the Resolution of Intention, the City of Burlingame adopted a resolution requesting consent from all jurisdictions to be included in the proposed SFPTMD (Resolution No. 050-2023). Consent must be received from the jurisdictions prior to the final public hearing for their jurisdiction to be included in the established SFPTMD. 3 Introduction of Ordinance forming SF Peninsula Tourism Marketing District August 21, 2023 By May 21, 2023 NOTICE (COMPLETED) The 94 Law requires the City to mail written notice to the owners of all lodging businesses proposed to be within the SFPTMD. Mailing the notice begins a mandatory 45-day period in which owners may protest SFPTMD formation. June 20, 2023 PUBLIC MEETING (COMPLETED) Allow public testimony on the formation of the SFPTMD and levy of assessments. No Council action required. July 5, 2023 CONTINUATION OF PUBLIC HEARING (COMPLETED) Lodging businesses were noticed that the Public Hearing on the formation of the SFPTMD would occur on July 5, 2023; however, the SFP requested that the City postpone the public hearing, declaration of results from the majority protest proceedings, and adoption of a resolution establishing the SFPTMD until September 5, 2023, to allow additional time for the jurisdictions proposed to be included in the SFPTMD boundaries to grant consent to be included. August 21, 2023 PUBLIC HEARING AND INTRODUCTION/FIRST READING OF ORDINANCE Two jurisdictions, Menlo Park and Foster City, were unable to grant consent before the deadline and will therefore not be included in the SFPTMD boundaries. The Management District Plan dated August 14, 2023, has been updated accordingly to reflect this change. Hold a Public Hearing and allow public testimony on the formation of the SFPTMD and levy of assessments. At the Public Hearing, the Council shall introduce and conduct the first reading of the Ordinance forming the SFPTMD and levying the assessment. September 5, 2023 FINAL PUBLIC HEARING AND SECOND READING/ADOPTION OF THE ORDINANCE If written protests are received from the owners of lodging businesses in the proposed SFPTMD who will pay more than 50% of the assessments proposed to be levied, and protests are not withdrawn so as to reduce the protests to less than 50%, no further proceedings to levy the proposed assessment against such lodging businesses shall be taken for a period of one year from the date of the finding of a majority protest by the Council. If the Council, following the public hearing, decides to establish the proposed SFPTMD, the Council shall adopt a resolution of formation. E'' Introduction of Ordinance forming SF Peninsula Tourism Marketing District August 21, 2023 Following a successful public hearing and first reading of the Ordinance, the Council shall convene to hold a second reading of the Ordinance establishing the SFPTMD and levying the assessment. Upon successful passage of the Ordinance, the SFPTMD shall be established, and the Ordinance shall go into effect 30 days after successful passage of the Ordinance. FISCAL IMPACT There is no fiscal impact from this action. The City will receive a fee of 1 % of the amount collected, or a flat fee of $60,000, whichever is greater, each year to cover its costs of collection and administration. Because the SFPTMD programs are intended to increase visitation to the San Fransisco Peninsula area, there may be an increase in transient occupancy tax and sales tax collections. Exhibits: • Ordinance establishing the SFPTMD and levying the assessment • Management District Plan dated August 14, 2023 • Resolution of intention to form the SFPTMD (Resolution No. 049-2023) • Resolution requesting consent to form the SFPTMD (Resolution No. 050-2023) 5 CITY OF BURLINGAME ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AMENDING CHAPTER 6.55, "SAN FRANCISCO PENINSULA TOURISM MARKETING DISTRICT," OF TITLE 6 OF THE BURLINGAME CITY CODE FORMING THE SAN FRANCISCO PENINSULA TOURISM MARKETING DISTRICT; CEQA DETERMINATION: EXEMPT PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15378 AND 15061(b)(3) WHEREAS, in 2001, the San Mateo County Tourism Business Improvement District (SMCTBID) was formed pursuant to the Parking and Business Improvement Area Law of 1989 (Streets & Highways Code section 36500 et. seq.) (89 Law) by Ordinance No. 1648; and WHEREAS, the City of Burlingame (City), San Mateo County/Silicon Valley Convention and Visitors Bureau dba The San Francisco Peninsula (SFP), and San Mateo County lodging businesses seek to modernize the SMCTBID by forming a new District, the San Francisco Peninsula Tourism Marketing District (SFPTMD), pursuant to the Property and Business Improvement District Law of 1994 (Streets & Highways Code section 36600 et seq.) (94 Law); and WHEREAS, lodging businesses who will pay more than fifty percent (50%) of the proposed assessment have petitioned the Council to form the SFPTMD; and WHEREAS, included with the petitions was a Management District Plan (Plan) summary that describes the proposed assessment to be levied on lodging businesses to pay for sales and marketing, and other improvements and activities set forth in the Plan; and WHEREAS, the assessed lodging businesses within the SFPTMD will receive a specific benefit from the activities and improvements set forth in the Plan; and WHEREAS, on May 15, 2023, at 7:00 PM at the City Hall, 501 Primrose Road, Burlingame, CA 94010, the Council adopted a Resolution of Intention, Resolution No. 049-2023 and a Resolution Requesting Consent of participating cities and the County, Resolution No. 050-2023; and WHEREAS, the public meeting and public hearing to consider the formation of the SFPTMD have been properly noticed in accordance with Streets and Highways Code §36623; and WHEREAS, on June 20, 2023, at 7:00 PM at the City Hall, 501 Primrose Road, Burlingame, CA 94010, the Council held a public meeting regarding the formation of the SFPTMD, and the Council heard and received objections and protests, if any, to the formation of the SFPTMD and the levy of the proposed assessment; and WHEREAS, on July 5, 2023, the Council continued the public hearing regarding the formation of the SFPTMD to the Council's August 21, 2023, meeting at 7:00 p.m. at the City Council Chambers, 501 Primrose Road, Burlingame, CA.; and WHEREAS, on August 21, 2023, at 7:00 PM at the City Hall, 501 Primrose Road, Burlingame, CA 94010, the Council held the first reading of this Ordinance to form the SFPTMD and implement the levy of assessments; and WHEREAS, on September 5, 2023, at 7:00 PM at the City Hall, 501 Primrose Road, Burlingame, CA 94010, the Council held a public hearing regarding the formation of the SFPTMD and the Council heard and received all objections and protests, if any, to the formation of the SFPTMD and the levy of the proposed assessment. Following the receipt of all objections and protests and the adoption of the Resolution of Formation, Resolution No. a second reading of this Ordinance to form the SFPTMD and levy the assessments was heard; and WHEREAS, the City Clerk has determined that there was no majority protest. A majority protest is defined as written protests received from owners of lodging businesses in the formed SFPTMD which would pay fifty percent (50%) or more of the assessments proposed to be levied. Protests are weighted based on the assessment proposed to be levied on each lodging business; and WHEREAS, pursuant to the Taxpayer Protection and Government Accountability Act (TPGAA), an initiative certified eligible for qualification for the November 5, 2024, general election ballot, the proposed assessment is an exempt charge as the SFPTMD is a tourism marketing district formed under the provisions of the Property and Business Improvement District Law of 1994, as set forth in the Streets and Highways Code §36600, et seq.; and WHEREAS, the amount of the proposed assessment for the entire SFPTMD will total approximately $10,336,711 in the first year. Pursuant to the TPGAA, the City has found the proposed assessment amount is reasonable given the scope of services to be provided and shall not exceed the actual cost of providing the SFPTMD services to the payors; WHEREAS, adoption of this Ordinance does not diminish the legal effect of the adoption of the Resolution of Formation; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Establishing Chapter. 6.55, "San Francisco Peninsula Tourism Marketing District," of Title 6 of the Burlingame Municipal Code. Chapter 6.55, "San Francisco Peninsula Tourism Marketing District," of Title 6 of the Burlingame City Code is hereby established to read as follows: 6.55. 010. Establishment. The City of Burlingame hereby creates the San Francisco Peninsula Tourism Marketing District (SFPTMD), for a five (5) year life, beginning January 1, 2024, or as soon as possible thereafter, and end five (5) years from its start date, under the provisions of the Property and Business Improvement District Law of 1994, as set forth in the Streets and Highways Code of the state, Section 36600 et seq. 6.55.020. Management District Plan. The Management District Plan (Plan) dated August 14, 2023 is hereby adopted and approved. 6.55.030. Activities and Improvements; Findings. The activities to be provided to benefit lodging businesses in the SFPTMD will be funded by the levy of the assessment. The revenue from the assessment levy shall not be used: to provide activities that directly benefit businesses outside the SFPTMD; to provide activities or improvements outside the SFPTMD; or for any purpose other than the purposes specified in this Ordinance, the Resolution of Intention, the Resolution of Formation, and the Plan. Notwithstanding the foregoing, improvements and activities that must be provided outside the SFPTMD boundaries to create a specific benefit to the assessed lodging businesses may be provided, but shall be limited to marketing or signage pointing to the SFPTMD. The City Council finds as follows: a. The activities funded by the assessment will provide a specific benefit to assessed lodging businesses within the SFPTMD that is not provided to those not paying the assessment. b. The assessment is a charge imposed for a specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of conferring the benefit or granting the privilege. c. The assessment is a charge imposed for a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of providing the service or product. d. Assessments imposed pursuant to the SFPTMD are levied solely upon the assessed lodging business, and the lodging business owner is solely responsible for payment of the assessment when due. If the owner chooses to collect any portion of the assessment from a transient or customer, that portion shall be specifically called out and identified for the transient or customer in any and all communications from the business owner as the "SFPTMD Assessment" or "Tourism Assessment" as specified in the Plan. 2. The assessments levied for the SFPTMD shall be applied toward sales and marketing programs, and other improvements and activities as set forth in the Plan. 3. Assessments levied on lodging businesses pursuant to this Ordinance shall be levied on the basis of benefit. Because the services provided are intended to increase room rentals, an assessment based on gross short term sleeping room rental revenue is the best measure of benefit. 6.55. 040. Reserved. 6.55.050. Bonds. Bonds shall not be issued to fund the SFPTMD. 6.55.060. Boundaries. The established SFPTMD includes all lodging businesses, existing and in the future, located within the boundaries of the cities of Belmont, Brisbane, Burlingame, East Palo Alto, Half Moon Bay, Millbrae, Pacifica, Redwood City, San Bruno, San Carlos, San Mateo, South San Francisco, and the unincorporated area of San Mateo County, as described in the Plan. 6.55.070. Assessments. The annual assessment rate is one- and one-half percent (1.5%) of gross short-term sleeping room rental revenue for lodging businesses with 5,000 square feet or more of dedicated meeting space, and 0.75% for all other lodging businesses within the SFPTMD's boundaries. Based on the benefit received, assessments will not be collected on stays of more than thirty (30) consecutive days; stays provided to airline cockpit and/or cabin crews pursuant to an agreement between a hotel and an airline, which is in furtherance of or to facilitate such crews' performance of their jobs for the airline, including layovers between flights; employees of the state or federal government if room charges are paid directly by their employing agency and copies of official travel orders are submitted as applicable; and any properly credentialed officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty. The assessments shall be used for the purposes set forth herein and any funds remaining at the end of any year may be used in subsequent years in which the SFPTMD assessment is levied as long as they are used consistent with the requirements set forth herein. 6.55.080. Collections. The City of Burlingame shall be responsible for collecting the assessments on a monthly basis (including any delinquencies, penalties and interest) from each lodging business located in the boundaries of the SFPTMD. The City shall take all reasonable efforts to collect the assessments from each lodging business. 6.55.090. Owners' Association. The Council through adoption of this Ordinance and the Plan, has the right pursuant to Streets and Highways Code §36651, to identify the body that shall implement the proposed program, which shall be the Owners' Association of the SFPTMD as defined in Streets and Highways Code §36612. The City Council has determined that SFP shall be the SFPTMD Owners' Association. Pursuant to the Plan, SFP shall create a SFPTMD Committee tasked with determining how SFPTMD funds are spent, within the designated programs in the Plan, subject to final approval by the SFP Board. The SFPTMD Committee shall include lodging business owners or representatives paying the SFPTMD assessment. Passage of this Ordinance authorizes the City Council to contract with SFP to administer the SFPTMD. 6.55.100. Annual Report. SFP, pursuant to Streets and Highways Code §36650, shall cause to be prepared a report for each fiscal year, except the first year, for which assessments are to be levied and collected to pay the costs of the improvement and activities described in the report. The first report shall be due after the first year of operation of the SFPTMD. 6.55.110. Amendments to Enabling Legislation. The SFPTMD formed pursuant to this Ordinance shall be subject to any amendments to the Property and Business Improvement District Law of 1994 (California Streets and Highways Code §36600 et. seq.). Section 2. Severability. If any section, subsection, sentence, clause or phrase or word of this Ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council of the City of Burlingame declares that it would have passed and adopted this Ordinance and each and all provisions irrespective of the fact that any one or more of said provisions may be declared invalid or unconstitutional without regard to any such decision or preemptive legislation. Section 3. CEQA Determination. The City Council finds and determines this 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. Effective Date. This Ordinance of the City of Burlingame shall be effective thirty (30) days after its passage, this Ordinance or a summary thereof, as provided in Government Code Section 36933, shall be published at least once in a newspaper of general circulation published and circulated in the City of Burlingame, along with the names of the Council voting for and against its passage. Section 5. Publication. The City Clerk is directed to publish this Ordinance in a manner as required by law. Section 6. Codification. Section 1 of this Ordinance shall be codified in the Burlingame Municipal Code. Sections 2, 3, 4, 5, and 6 shall not be so codified. 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 the 21 st day of August 2023, and PASSED and APPROVED on the th day of 2023, by the following roll call vote: AYES: NOES: ABSENT: ABSTAINING ATTEST: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Meaghan Hassel - Shearer, City Clerk 2024-2028 mk 4.4 N EA "qj V p Tlk Ono 11 -Ml- , 1MV fill - 3( -z� - mi, 7 W4� wv' —N Nkli '14 IV' Wi Cf P. '44 A 't�ivl kw kv ."04-2A� rv�li A &L j August 14, 2023 Table of Contents I. OVERVIEW............................................................................................................................................ 3 II. BACKGROUND...................................................................................................................................... 5 III. BOUNDARY........................................................................................................................................... 6 IV. ASSESSMENT BUDGET AND SERVICES........................................................................................... 7 A. ANNUAL SERVICE PLAN................................................................................................................................... 7 B. ANNUAL BUDGET............................................................................................................................................ 9 C. CALIFORNIA CONSTITUTIONAL COMPLIANCE..................................................................................................9 D. ASSESSMENT...................................................................................................................................................11 E. PENALTIES AND INTEREST............................................................................................................................. 12 F. TIME AND MANNER FOR COLLECTING ASSESSMENTS....................................................................................13 V. GOVERNANCE.....................................................................................................................................14 A. OWNERS' ASSOCIATION.................................................................................................................................. 14 B. BROWN ACT AND CALIFORNIA PUBLIC RECORDS ACT COMPLIANCE..............................................................14 C. ANNUAL REPORT........................................................................................................................................... 14 APPENDIX1- LAW.......................................................................................................................................15 APPENDIX 2 - ASSESSED BUSINESSES.....................................................................................................26 APPENDIX 3 - BENEFITS BY BUSINESS CATEGORY.............................................................................30 APPENDIX 4 - SMG CONSULTING ANALYSIS..........................................................................................32 TWF !BAN FRANAIRP1) Peninsula Prepared by Civitas ♦• CIVITAS PARTNERSHIPS • PROGRESS • PROSPERITY (800)999-7781 www.civitasadvisors.com I. OVERVIEW Developed by the San Mateo County/Silicon Valley Convention and Visitors Bureau dba The San Francisco Peninsula (SFP) and San Mateo County lodging businesses, the San Francisco Peninsula Tourism Marketing District (SFPTMD) is an assessment district proposed to provide specific benefits to payors, by funding marketing and sales promotion efforts for assessed businesses. This approach has been used successfully in other destination areas throughout the country to provide the benefit of additional room night sales directly to payors. In 2001, the San Mateo County Tourism Business Improvement District (SMCTBID) was formed pursuant to the Parking and Business Improvement Area Law of 1989 (89 Law). This effort seeks to modernize the SMCTBID by disestablishing the 89 Law District and forming a new District, the SFPTMD, pursuant to the Property and Business Improvement District Law of 1994 (94 Law). Location: The SFPTMD includes all lodging businesses, existing and in the future, located within the boundaries of the cities of Belmont, Brisbane, Burlingame, East Palo Alto, Half Moon Bay, Millbrae, Pacifica, Redwood City, San Bruno, San Carlos, San Mateo, South San Francisco, and the unincorporated area of San Mateo County, as shown on the map in Section III. Services: The SFPTMD is designed to provide specific benefits directly to payors by increasing awareness and demand for room night sales, meetings, and conventions. Sales and marketing programs will increase demand for overnight tourism and market payors as tourist, meeting and event destinations, thereby increasing demand for room night sales, meetings, and conventions. Budget: The total SFPTMD annual assessment budget for the initial year of its five (5) year operation is anticipated to be approximately $10,336,711. A similar budget is expected to apply to subsequent years, but this budget is expected to fluctuate as room sales do. Cost.. The annual assessment rate is one- and one-half percent (1.51/o) of gross short-term sleeping room rental revenue for lodging businesses with 5,000 square feet or more of dedicated meeting space, and 0.75% for all other lodging businesses within the SFPTMD's boundaries. Based on the benefit received, assessments will not be collected on stays of more than thirty (30) consecutive days; stays provided to airline cockpit and/or cabin crews pursuant to an agreement between a hotel and an airline, which is in furtherance of or to facilitate such crews' performance of their jobs for the airline, including layovers between flights; employees of the state or federal government if room charges are paid directly by their employing agency and copies of official travel orders are submitted as applicable; and any properly credentialed officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty. Collection: The City of Burlingame shall be responsible for collecting the assessments on a monthly basis (including any delinquencies, penalties and interest) from each lodging business located in the boundaries of the SFPTMD. The City shall take all reasonable efforts to collect the assessments from each lodging business. SFPTMD Management District Plan 3 August 14, 2023 Duration: The SFPTMD will have a five (5) year life, beginning January 1, 2024, or as soon as possible thereafter, and ending five (5) years from its start date. After five (5) years, the SFPTMD may be renewed pursuant to the 94 Law if business owners support continuing the SFPTMD programs. Once per year, beginning on the anniversary of SFPTMD formation, there is a thirty (30) day period in which owners paying fifty percent (50%) or more of the assessment may protest and initiate a hearing on SFPTMD termination. Management: The San Mateo County/Silicon Valley Convention and Visitors Bureau dba The San Francisco Peninsula (SFP) shall serve as the SFPTMD's Owners' Association. The Owners' Association is charged with managing funds and implementing programs in accordance with this Plan, and must provide annual reports to the Burlingame City Council. The SFP shall create a SFPTMD Committee tasked with determining how SFPTMD funds are spent, within the designated programs in this Plan, subject to final approval by the SFP Board. The SFPTMD Committee shall include lodging business owners or representatives paying the SFPTMD assessment. SFPTMD Management District Plan 4 August 14, 2023 II. BACKGROUND TMDs are an evolution of the traditional Business Improvement District. The first TMD was formed in West Hollywood, California in 1989. Since then, over 100 California destinations have followed suit. In recent years, other states have begun adopting the California model — Massachusetts, Montana, South Dakota, Washington, Colorado, Texas and Louisiana have adopted TMD laws. Several other states are in the process of adopting their own legislation. The cities of Wichita, Kansas and Newark, New Jersey used an existing business improvement district law to form a TMD. And, some cities, like Portland, Oregon and Memphis, Tennessee have utilized their home rule powers to create TMDs without a state law. California's TMDs collectively Number of Districts operating in California raise over $300 million annually 120 109114 for local destination 100 95 101 marketing. With competitors raising their budgets, and so 75 increasing rivalry for visitor 61 64 dollars, it is important that San 60 46 Francisco Peninsula tourism 3s businesses invest in stable, 40 19 25 29 32 commerce -specific marketing 20 12 ro ams. o � ? o o N N 1p � TMDs utilize the efficiencies C�ti°���'tio°°tio°ytio°rytio°�tio°�tio°�' of private sector operation in the market -based promotion of tourism districts. TMDs allow tourism business owners to organize their efforts to increase commerce. Tourism business owners within the TMD pay an assessment and those funds are used to provide services that increase commerce. In California, most TMDs are formed pursuant to the Property and Business Improvement District Law of 1994. This law allows for the creation of a benefit assessment district to raise funds within a specific geographic area. The key difference between TMDs and other benefit assessment districts is that unds raised are returned to the private non-profit c000ration governing the district. There are many benefits to TMDs: • Funds must be spent on services and improvements that provide a specific benefit only to those who pay; • Funds cannot be diverted to general government programs; • They are customized to fit the needs of payors in each destination; • They allow for a wide range of services; • They are designed, created andgoverned by those who will pay the assessment; and • They provide a stable, long-term funding source for tourism promotion. SFPTMD Management District Plan 5 August 14, 2023 III. BOUNDARY The SFPTMD includes all lodging businesses, existing and in the future, located within the boundaries of the cities of Belmont, Brisbane, Burlingame, East Palo Alto, Half Moon Bay, Millbrae, Pacifica, Redwood City, San Bruno, San Carlos, San Mateo, South San Francisco, and the unincorporated area of San Mateo County, illustrated by the map below. "Lodging business" means: any hotel, motel, inn, bed and breakfast, or other similar structure or portion thereof that is rented for dwelling, lodging, or sleeping purposes on a transient basis. Tourist home or house, studio hotel, bachelor hotel, lodginghouse, roominghouse, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location, are not included in the definition of "lodging business." The boundary is shown on the map below. A list of lodging businesses proposed to be assessed in the SFPTMD can be found in Appendix 2. San Francisco Peninsula TMD] PACIFIC OCEAN C.3 San Mateyo County Lines Cities in the TMD _ BELMONT _ BRISBANE BURLINGAME _ FAST PALO ALTO _ HALF MOON BAY _ MILLBRAE _ PACIFICA REDWOOD CITY _ SAN BRUNO _ SAN CARLOS - SAN MATEO SOUTH SAN FRANCISCO O City / Town Outside of TMD OUnincorporated County in the TMU CIVITAS SFPTMD Management District Plan 6 August 14, 2023 IV. ASSESSMENT BUDGET AND SERVICES A. Annual Service Plan Assessment funds will be spent to provide specific benefits conferred or privileges granted directly to the payors that are not provided to those not charged, and which do not exceed the reasonable cost to the City of conferring the benefits or granting the privileges. The privileges and services provided with the SFPTMD funds are sales and marketing programs available only to assessed businesses. A service plan assessment budget has been developed to deliver services that benefit the assessed businesses. A detailed annual assessment budget will be developed and approved by the SFP. The table below illustrates the initial annual assessment budget allocations. These activities and allocations will also apply in subsequent years. The total initial assessment budget is $10,336,711. Initial Annual Assessment Budget: $10,336,711 Sales, Marketing, 6 Advocacy, $9,303,040 , 90% Administration & Onerations, 937 , 8% Contingency/Reserve, $103,367 , 1% ;ity Collection Fee, $103,367 , 1% Although actual revenues will fluctuate due to market conditions, the proportional allocations of the budget shall remain the same. However, the City and the SFP board shall have the authority to adjust budget allocations between the categories by no more than twenty (20%) of the total budget per year. A description of the proposed improvements and activities for the initial year of operation is below. The same activities are proposed for subsequent years. In the event of a legal challenge against the SFPTMD, any and all assessment funds may be used for the costs of defending the SFPTMD. In the first year of operation, the costs of creating the SFPTMD may be repaid by deducting repayment funds proportionally from budget categories. Each budget category includes all costs related to providing that service. For example, the sales and marketing budget includes the cost of staff time dedicated to overseeing and implementing the sales and marketing program. Staff time dedicated purely to administrative tasks is allocated to the administrative portion of the budget. The costs of an individual staff member may be allocated to multiple budget categories. The staffing levels necessary to provide the services below will be determined by the SFP Board on an as- needed basis. SFPTMD Management District Plan 7 August 14, 2023 Sales, Marketing, & Advocacy A sales and marketing program will promote assessed businesses as tourist, meeting, and event destinations. The sales and marketing program will have a central theme of promoting San Francisco Peninsula as a desirable place for overnight visits. The program will have the goal of increasing overnight visitation and room night sales at assessed businesses, and may include the following activities: • Funds to support group business to offset costs within the destination, thereby generating room nights for assessed businesses; • Payment of bid fees, incentives or other costs associated with bringing large scale events to the destination that generate room nights for assessed businesses; • Funds to support events and/or local partnerships that increase the public notoriety of the destination as a tourist, meetings, or event destination — thereby increasing consumer demand for assessed businesses; • Support of public relation strategies that increase the profile of the destination as a tourist, meetings, or event destination — thereby increasing consumer demand for assessed businesses; • Strategic partnerships, sponsorships, or other alliances that reinforce the destination within the travel marketplace and position the San Francisco Peninsula as a destination of choice for meetings, events, and leisure travel to assessed businesses; • Internet marketing efforts to increase awareness and optimize internet presence to drive overnight visitation and room sales to assessed businesses; • Print ads in magazines and newspapers, television ads, and radio ads targeted at potential visitors to drive overnight visitation and room sales to assessed businesses; • Attendance of trade shows to promote assessed businesses; • Familiarization tours of the destination and assessed businesses; • Preparation and production of collateral promotional materials such as brochures, flyers and maps featuring assessed businesses; • Attendance of professional industry conferences and affiliation events to promote assessed businesses; • Lead generation activities designed to attract tourists and group events to assessed businesses; • Director of Sales and General Manager meetings to plan and coordinate tourism promotion efforts for assessed businesses; • Education of hospitality staff on service and safety (related to alcohol and food) designed to create a visitor experience that will bring repeat visits to assessed businesses; • Education of lodging business management and the Owners' Association on advocacy and marketing strategies best suited to meet assessed businesses' needs; and • Other activities that increase the profile and notoriety of The San Francisco Peninsula as an overnight travel destination and promote greater room night sales for assessed businesses. Administration & Operations The administration and operations portion of the budget shall be utilized for administrative staffing costs, office costs, and other general administrative costs such as insurance, legal, and accounting fees. Contingency/Reserve The budget includes a contingency line item to account for uncollected assessments, if any. If there are contingency funds collected, they may be held in a reserve fund or utilized for other program, administration or renewal costs at the discretion of the SFP Board. Policies relating to contributions to the reserve fund, the target amount of the reserve fund, and expenditure of monies from the reserve SFPTMD Management District Plan August 14, 2023 fund shall be set by the SFP Board. Contingency/reserve funds may be spent on SFPTMD programs or administrative and renewal costs in such proportions as determined by the SFP Board. The reserve fund may be used for the costs of renewing the SFPTMD. City Collection Fee As lead agency, the City of Burlingame shall retain a fee equal to one percent (1%) of the amount of assessment collected or a flat fee of $60,000, whichever is greater each year, to cover their costs of collection and administration. B. Annual Budget The total five (5) year improvement and service plan budget is projected at approximately $10,336,711 annually, or $60,838,553 through 2028. A similar budget is expected to apply to subsequent years, but this budget is expected to fluctuate as room sales do. The following chart has been prepared based on a five-year projection developed by SMG Consulting. The full report can be found in Appendix 4. Year Sales, Marketing, & Advocacy Administration & Operations Contingency / Reserve City Collection Fee Total 2024 $7,752,533 $826,937 $103,367 $103,367 $10,336,711 2025 $10,065,889 $894,746 $111,843 $111,843 $11,184,321 2026 $10,851,029 $964,536 $120,567 $120,567 $12,056,698 2027 $11,784,217 $1,047,486 $130,936 $130,936 $13,093,574 2028 $12,750,523 $1,133,380 $141,672 $141,672 $14,167,248 Total $53,204,191 $4,867,084 $608,386 $608,386 $60,838,553 C. California Constitutional Compliance The SFPTMD assessment is not a property -based assessment subject to the requirements of Proposition 218. Courts have found Proposition 218 limited the term `assessments' to levies on real property.' Rather, the SFPTMD assessment is a business -based assessment, and is subject to Proposition 26. Pursuant to Proposition 26 all levies are a tax unless they fit one of seven exceptions. Two of these exceptions apply to the SFPTMD, a "specific benefit" and a "specific government service." Both require that the costs of benefits or services do not exceed the reasonable costs to the City of conferring the benefits or providing the services. 1. Specific Benefit Proposition 26 requires that assessment funds be expended on, "a specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of conferring the benefit or granting the ' Jarvis v. the City of San Diego 72 Cal App. 4' 230 SFPTMD Management District Plan 9 August 14, 2023 privilege."' The services in this Plan are designed to provide targeted benefits directly to assessed businesses, and are intended only to provide benefits and services directly to those businesses paying the assessment. These services are tailored not to serve the general public, businesses in general, or parcels of land, but rather to serve the specific businesses within the SFPTMD. The activities described in this Plan are specifically targeted to increase demand for room night sales for assessed lodging businesses within the boundaries of the SFPTMD, and are narrowly tailored. SFPTMD funds will be used exclusively to provide the specific benefit of increased demand for room night sales directly to the assessees. Assessment funds shall not be used to feature non -assessed lodging businesses in SFPTMD programs, or to directly generate sales for non -assessed businesses. The activities paid for from assessment revenues are business services constituting and providing specific benefits to the assessed businesses. Nothing in this Plan limits the ability of the SFP Corporation to enter into private contracts with non -assessed lodging businesses for the provision of services to those businesses. The assessment imposed by this SFPTMD is for a specific benefit conferred directly to the payors that is not provided to those not charged. The specific benefit conferred directly to the payors is an increase in demand for room night sales. The specific benefit of an increase in demand for room night sales for assessed lodging businesses will be provided only to lodging businesses paying the district assessment, with marketing and sales programs promoting lodging businesses paying the SFPTMD assessment. The marketing and sales programs will be designed to increase room night sales at each assessed lodging businesses. Because they are necessary to provide the marketing and sales programs that specifically benefit the assessed lodging businesses, the administration and contingency services also provide the specific benefit of increased demand for room night sales to the assessed lodging businesses. Although the SFPTMD, in providing specific benefits to payors, may produce incidental benefits to non-paying businesses, the incidental benefit does not preclude the services from being considered a specific benefit. The legislature has found that, "A specific benefit is not excluded from classification as a `specific benefit' merely because an indirect benefit to a non-payor occurs incidentally and without cost to the payor as a consequence of providing the specific benefit to the payor.i3 2. Specific Government Service The assessment may also be utilized to provide, "a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of providing the service or product."' The legislature has recognized that marketing and promotions services like those to be provided by the SFPTMD are government services within the meaning of Proposition 265. Further, the legislature has determined that "a specific government service is not excluded from classification as a `specific government service' merely because an indirect benefit to a nonpayor occurs incidentally and without cost to the payor as a consequence of providing the specific government service to the payor. ,6 3. Reasonable Cost SFPTMD services will be implemented carefully to ensure they do not exceed the reasonable cost of such services. The full amount assessed will be used to provide the services described herein. Funds will be managed by the SFP, and reports submitted on an annual basis to the City. Only assessed 2 Cal. Const. art XIII C § 1(e)(1) s Government Code § 53758(a) a Cal. Const. art XIII C § 1(e)(2) 5 Government Code § 53758(b) 6 Government Code § 53758(b) SFPTMD Management District Plan August 14, 2023 10 lodging businesses will be featured in marketing materials, receive sales leads generated from SFPTMD-funded activities, be featured in advertising campaigns, and benefit from other SFPTMD- funded services. Non -assessed lodging businesses will not receive these, nor any other, SFPTMD- funded services and benefits. The SFPTMD-funded programs are all targeted directly at and feature only assessed businesses. It is, however, possible that there will be a spill -over benefit to non -assessed businesses. If non -assessed lodging businesses receive incremental room nights, that portion of the promotion or program generating those room nights shall be paid with non-SFPTMD funds. SFPTMD funds shall only be spent to benefit the assessed businesses, and shall not be spent on that portion of any program which directly generates incidental room nights for non -assessed businesses. D. Assessment The annual assessment rate is one- and one-half percent (1.5%) of gross short-term sleeping room rental revenue for lodging businesses with 5,000 square feet or more of dedicated meeting space, and 0.75% for all other lodging businesses within the SFPTMD's boundaries. Based on the benefit received, assessments will not be collected on stays of more than thirty (30) consecutive days; stays provided to airline cockpit and/or cabin crews pursuant to an agreement between a hotel and an airline, which is in furtherance of or to facilitate such crews' performance of their jobs for the airline, including layovers between flights; employees of the state or federal government if room charges are paid directly by their employing agency and copies of official travel orders are submitted as applicable; and any properly credentialed officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty. The services provided in the SFPTMD are all targeted to benefit payors, however, not all programs benefit payors equally. The determination of the assessment rates of one- and one-half percent (1.5%) of gross short-term sleeping room rental revenue for lodging businesses with 5,000 square feet or more of dedicated meeting space, and 0.75% for all other lodging businesses within the SFPTMD's boundaries, was calculated based on benefit received by payors. SMG Consulting was engaged to conduct a Hotel Revenue Proportionality Estimate analysis to quantify the estimated benefit the lodging business types will receive from SFPTMD services. By analyzing the projected number of rooms sold and the total amount of revenue estimated to be generated from sales and marketing programs, SMG Consulting found that properties with 5,000 square feet or more of dedicated meeting space will receive approximately double the amount of benefit to all other lodging businesses. The SFPTMD Sales, Marketing, and Advocacy program included in the budget has services that are intended to drive convention and meetings to the SFPTMD. Since lodging businesses with 5,000 square feet or more of dedicated meeting space are uniquely suited to accommodate large conventions and will benefit from overnight stays as a result of SFPTMD services intended to bring such business activity to the SFPTMD, they are assessed at a higher rate than other lodging businesses in the SFPTMD. The term "dedicated meeting space" as used herein means: a permanent room or space whose primary use is dedicated for group and social meetings, meals, and/or functions. The space has been designed for and is marketed and sold as group or event function space. The term "gross sleeping room rental revenue" as used herein means: the consideration charged, whether or not received, for the occupancy of space in a lodging business valued in money, whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits and property and services of any kind or nature, without any deduction therefrom whatsoever. Gross sleeping room rental revenue shall not include any federal, state, or local taxes collected, including but not SFPTMD Management District Plan 11 August 14, 2023 limited to transient occupancy taxes. Based on the benefit received, assessments will not be collected on stays of more than thirty (30) consecutive days; stays provided to airline cockpit and/or cabin crews pursuant to an agreement between a hotel and an airline, which is in furtherance of or to facilitate such crews' performance of their jobs for the airline, including layovers between flights; employees of the state or federal government if room charges are paid directly by their employing agency and copies of official travel orders are submitted as applicable; and any properly credentialed officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty. The assessment is levied upon and a direct obligation of the assessed lodging business. However, the assessed lodging business may, at its discretion, pass the assessment on to transients. The amount of assessment, if passed on to each transient, shall be disclosed in advance and separately stated from the amount of rent charged and any other applicable taxes, and each transient shall receive a receipt for payment from the business. If the SFPTMD assessment is identified separately it shall be disclosed as the "SFPTMD Assessment." As an alternative, the disclosure may include the amount of the SFPTMD assessment and the amount of the assessment imposed pursuant to the California Tourism Marketing Act, Government Code §13995 et seq. and shall be disclosed as the "Tourism Assessment." The assessment is imposed solely upon, and is the sole obligation of the assessed lodging business even if it is passed on to transients. The assessment shall not be considered revenue for any purpose, including calculation of transient occupancy taxes. Bonds shall not be issued. E. Penalties and Interest The SFPTMD shall reimburse the City of Burlingame for any costs associated with collecting unpaid assessments. If sums in excess of the delinquent SFPTMD assessment are sought to be recovered in the same collection action by the City, the SFPTMD shall bear its pro rata share of such collection costs. Assessed businesses which are delinquent in paying the assessment shall be responsible for paying: 1. Original Delinquency: Any lodging business that fails to remit any assessment imposed within the time required shall pay a penalty of five percent (5%) of the amount of the assessment in addition to the amount of the assessment. 2. Continued Delinquency: Any lodging business that fails to remit any delinquent remittance on or before a period of fifteen (15) days following the date on which the remittance first became delinquent shall pay a second delinquency penalty of five percent (5%) of the amount of the assessment in addition to the amount of the assessment and the five percent (5%) penalty first imposed. An additional penalty of five percent (5%) shall be paid for each fifteen (15) days thereafter which the remittance is delinquent. 3. Fraud. If the City determines that the nonpayment of any remittance due under this chapter is due to fraud, a penalty of twenty-five percent (25%) of the amount of the assessment shall be added thereto in addition to the penalties stated in subsections (1) and (2) of this section. 4. Interest In addition to the penalties imposed, any lodging business that fails to remit any assessment imposed shall pay interest at the rate of one percent (1%) per month or fraction thereof on the amount of the assessment, exclusive of penalties, from the date on which the remittance first became delinquent until paid. SFPTMD Management District Plan 12 August 14, 2023 F. Time and Manner for Collecting Assessments The SFPTMD assessment will be implemented beginning January 1, 2024, or as soon as possible thereafter, and ending five (5) years from its start date. The City of Burlingame shall be responsible for collecting the assessment on a monthly basis, (including any delinquencies, penalties and interest) from each lodging business located in the boundaries of the SFPTMD. The City shall take all reasonable efforts to collect the assessments from each lodging business. The City shall forward the assessments collected to the Owners' Association. SFPTMD Management District Plan 13 August 14, 2023 V. GOVERNANCE A. Owners' Association The Burlingame City Council, through adoption of this Management District Plan, has the right, pursuant to Streets and Highways Code §36651, to identify the body that shall implement the proposed program, which shall be the Owners' Association of the SFPTMD as defined in Streets and Highways Code §36612. The San Francisco Peninsula (SFP) will serve as the SFPTMD's Owners' Association. The Owners' Association is charged with managing funds and implementing programs in accordance with the Management District Plan, and must provide annual reports to Burlingame City Council. The SFP shall create a SFPTMD Committee tasked with determining how SFPTMD funds are spent, within the designated programs in this Plan, subject to final approval by the SFP Board. The SFPTMD Committee shall include lodging business owners or representatives paying the SFPTMD assessment. B. Brown Act and California Public Records Act Compliance An Owners' Association is a private entity and may not be considered a public entity for any purpose, nor may its board members or staff be considered to be public officials for any purpose. The Owners' Association is, however, subject to government regulations relating to transparency, namely the Ralph M. Brown Act and the California Public Records Act. These regulations are designed to promote public accountability. The Owners' Association acts as a legislative body under the Ralph M. Brown Act (Government Code §54950 et seq.). Thus, meetings of the SFP board and certain committees must be held in compliance with the public notice and other requirements of the Brown Act. The Owners' Association is also subject to the record keeping and disclosure requirements of the California Public Records Act. Accordingly, the Owners' Association shall publicly report any action taken and the vote or abstention on that action of each member present for the action. C. Annual Report The SFP shall present an annual report at the end of each year of operation to the City Council pursuant to Streets and Highways Code §36650 (see Appendix 1). The annual report shall include: • Any proposed changes in the boundaries of the improvement district or in any benefit zones or classification of businesses within the district. • The improvements and activities to be provided for that fiscal year. • An estimate of the cost of providing the improvements and the activities for that fiscal year. • The method and basis of levying the assessment in sufficient detail to allow each business owner to estimate the amount of the assessment to be levied against his or her business for that fiscal year. • The estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal year. • The estimated amount of any contributions to be made from sources other than assessments levied pursuant to this part. SFPTMD Management District Plan 14 August 14, 2023 APPENDIX 1- LAW *** THIS DOCUMENT IS CURRENT THROUGH THE 2022 SUPPLEMENT *** (ALL 2021 LEGISLATION) STREETS AND HIGHWAYS CODE DIVISION 18. PARKING PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 CHAPTER 1. General Provisions ARTICLE 1. Declarations 36600. Citation of part This part shall be known and may be cited as the "Property and Business Improvement District Law of 1994." 36601. Legislative findings and declarations; Legislative guidance The Legislature finds and declares all of the following: (a) Businesses located and operating within business districts in some of this state's communities are economically disadvantaged, are underutilized, and are unable to attract customers due to inadequate facilities, services, and activities in the business districts. (b) It is in the public interest to promote the economic revitalization and physical maintenance of business districts in order to create jobs, attract new businesses, and prevent the erosion of the business districts. (c) It is of particular local benefit to allow business districts to fund business related improvements, maintenance, and activities through the levy of assessments upon the businesses or real property that receive benefits from those improvements. (d) Assessments levied for the purpose of conferring special benefit upon the real property or a specific benefit upon the businesses in a business district are not taxes for the general benefit of a city, even if property, businesses, or persons not assessed receive incidental or collateral effects that benefit them. (e) Property and business improvement districts formed throughout this state have conferred special benefits upon properties and businesses within their districts and have made those properties and businesses more useful by providing the following benefits: (1) Crime reduction. A study by the Rand Corporation has confirmed a 12-percent reduction in the incidence of robbery and an 8-percent reduction in the total incidence of violent crimes within the 30 districts studied. (2) Job creation. (3) Business attraction. (4) Business retention. (5) Economic growth. (6) New investments. (f) With the dissolution of redevelopment agencies throughout the state, property and business improvement districts have become even more important tools with which communities can combat blight, promote economic opportunities, and create a clean and safe environment. (g) Since the enactment of this act, the people of California have adopted Proposition 218, which added Article XIII D to the Constitution in order to place certain requirements and restrictions on the formation of, and activities, expenditures, and assessments by property -based districts. Article XIII D of the Constitution provides that property -based districts may only levy assessments for special benefits. (h) The act amending this section is intended to provide the Legislature's guidance with regard to this act, its interaction with the provisions of Article XIII D of the Constitution, and the determination of special benefits in property -based districts. (1) The lack of legislative guidance has resulted in uncertainty and inconsistent application of this act, which discourages the use of assessments to fund needed improvements, maintenance, and activities in property -based districts, contributing to blight and other underutilization of property. (2) Activities undertaken for the purpose of conferring special benefits upon property to be assessed inherently produce incidental or collateral effects that benefit property or persons not assessed. Therefore, for special benefits to exist as a separate and distinct category from general benefits, the incidental or collateral effects of those special benefits are inherently part of those special benefits. The SFPTMD Management District Plan 15 August 14, 2023 mere fact that special benefits produce incidental or collateral effects that benefit property or persons not assessed does not convert any portion of those special benefits or their incidental or collateral effects into general benefits. (3) It is of the utmost importance that property -based districts created under this act have clarity regarding restrictions on assessments they may levy and the proper determination of special benefits. Legislative clarity with regard to this act will provide districts with clear instructions and courts with legislative intent regarding restrictions on property -based assessments, and the manner in which special benefits should be determined. 36602. Purpose of part The purpose of this part is to supplement previously enacted provisions of law that authorize cities to levy assessments within property and business improvement districts, to ensure that those assessments conform to all constitutional requirements and are determined and assessed in accordance with the guidance set forth in this act. This part does not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these purposes. 36603. Preemption of authority or charter city to adopt ordinances levying assessments Nothing in this part is intended to preempt the authority of a charter city to adopt ordinances providing for a different method of levying assessments for similar or additional purposes from those set forth in this part. A property and business improvement district created pursuant to this part is expressly exempt from the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (Division 4 (commencing with Section 2800)). 36603.5. Part prevails over conflicting provisions Any provision of this part that conflicts with any other provision of law shall prevail over the other provision of law, as to districts created under this part. 36604. Severability This part is intended to be construed liberally and, if any provision is held invalid, the remaining provisions shall remain in full force and effect. Assessments levied under this part are not special taxes. ARTICLE 2. Definitions 36606. "Activities" "Activities" means, but is not limited to, all of the following that benefit businesses or real property in the district: (a) Promotion of public events. (b) Furnishing of music in any public place. (c) Promotion of tourism within the district. (d) Marketing and economic development, including retail retention and recruitment. (e) Providing security, sanitation, graffiti removal, street and sidewalk cleaning, and other municipal services supplemental to those normally provided by the municipality. (f) Other services provided for the purpose of conferring special benefit upon assessed real property or specific benefits upon assessed businesses located in the district. 36606.5. "Assessment" "Assessment" means a levy for the purpose of acquiring, constructing, installing, or maintaining improvements and providing activities that will provide certain benefits to properties or businesses located within a property and business improvement district. 36607. "Business" "Business" means all types of businesses and includes financial institutions and professions. 36608. "City" SFPTMD Management District Plan 16 August 14, 2023 "City" means a city, county, city and county, or an agency or entity created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, the public member agencies of which includes only cities, counties, or a city and county, or the State of California. 36609. "City council" "City council" means the city council of a city or the board of supervisors of a county, or the agency, commission, or board created pursuant to a joint powers agreement and which is a city within the meaning of this part. 36609.4. "Clerk" "Clerk" means the clerk of the legislative body. 36609.5. "General benefit" "General benefit" means, for purposes of a property -based district, any benefit that is not a "special benefit" as defined in Section 36615.5. 36610. "Improvement" "Improvement" means the acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more including, but not limited to, the following: (a) Parking facilities. (b) Benches, booths, kiosks, display cases, pedestrian shelters and signs. (c) Trash receptacles and public restrooms. (d) Lighting and heating facilities. (e) Decorations. (f) Parks. (g) Fountains. (h) Planting areas. (i) Closing, opening, widening, or narrowing of existing streets. (j) Facilities or equipment, or both, to enhance security of persons and property within the district. (k) Ramps, sidewalks, plazas, and pedestrian malls. (1) Rehabilitation or removal of existing structures. 36611. "Management district plan"; "Plan" "Management district plan" or "plan" means a proposal as defined in Section 36622. 36612. "Owners' association" "Owners' association" means a private nonprofit entity that is under contract with a city to administer or implement improvements, maintenance, and activities specified in the management district plan. An owners' association may be an existing nonprofit entity or a newly formed nonprofit entity. An owners' association is a private entity and may not be considered a public entity for any purpose, nor may its board members or staff be considered to be public officials for any purpose. Notwithstanding this section, an owners' association shall comply with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), at all times when matters within the subject matter of the district are heard, discussed, or deliberated, and with the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), for all records relating to activities of the district. 36614. "Property" "Property" means real property situated within a district. 36614.5. "Property and business improvement district"; "District" "Property and business improvement district," or "district," means a property and business improvement district established pursuant to this part. SFPTMD Management District Plan 17 August 14, 2023 36614.6. "Property -based assessment" "Property -based assessment" means any assessment made pursuant to this part upon real property. 36614.7. "Property -based district" "Property -based district" means any district in which a city levies a property -based assessment. 36615. "Property owner"; "Business owner"; "Owner" "Property owner" means any person shown as the owner of land on the last equalized assessment roll or otherwise known to be the owner of land by the city council. "Business owner" means any person recognized by the city as the owner of the business. "Owner" means either a business owner or a property owner. The city council has no obligation to obtain other information as to the ownership of land or businesses, and its determination of ownership shall be final and conclusive for the purposes of this part. Wherever this part requires the signature of the property owner, the signature of the authorized agent of the property owner shall be sufficient. Wherever this part requires the signature of the business owner, the signature of the authorized agent of the business owner shall be sufficient. 36615.5. "Special benefit" "Special benefit" means, for purposes of a property -based district, a particular and distinct benefit over and above general benefits conferred on real property located in a district or to the public at large. Special benefit includes incidental or collateral effects that arise from the improvements, maintenance, or activities of property -based districts even if those incidental or collateral effects benefit property or persons not assessed. Special benefit excludes general enhancement of property value. 36616. "Tenant" "Tenant" means an occupant pursuant to a lease of commercial space or a dwelling unit, other than an owner. ARTICLE 3. Prior Law 36617. Alternate method of financing certain improvements and activities; Effect on other provisions This part provides an alternative method of financing certain improvements and activities. The provisions of this part shall not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these purposes. Every improvement area established pursuant to the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing with Section 36500) of this division) is valid and effective and is unaffected by this part. CHAPTER 2. Establishment 36620. Establishment of property and business improvement district A property and business improvement district may be established as provided in this chapter. 36620.5. Requirement of consent of city council A county may not form a district within the territorial jurisdiction of a city without the consent of the city council of that city. A city may not form a district within the unincorporated territory of a county without the consent of the board of supervisors of that county. A city may not form a district within the territorial jurisdiction of another city without the consent of the city council of the other city. 36621. Initiation of proceedings; Petition of property or business owners in proposed district (a) Upon the submission of a written petition, signed by the property or business owners in the proposed district who will pay more than 50 percent of the assessments proposed to be levied, the city council may initiate proceedings to form a district by the adoption of a resolution expressing its intention to form a district. The amount of assessment attributable to property or a business owned by the same property or business owner that is in excess of 40 percent of the amount of all assessments proposed to be levied, shall not be included in SFPTMD Management District Plan 18 August 14, 2023 determining whether the petition is signed by property or business owners who will pay more than 50 percent of the total amount of assessments proposed to be levied. (b) The petition of property or business owners required under subdivision (a) shall include a summary of the management district plan. That summary shall include all of the following: (1) A map showing the boundaries of the district. (2) Information specifying where the complete management district plan can be obtained. (3) Information specifying that the complete management district plan shall be furnished upon request. (c) The resolution of intention described in subdivision (a) shall contain all of the following: (1) A brief description of the proposed improvements, maintenance, and activities, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property or businesses within the district, a statement as to whether bonds will be issued, and a description of the exterior boundaries of the proposed district, which may be made by reference to any plan or map that is on file with the clerk. The descriptions and statements do not need to be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements, maintenance, and activities, and the location and extent of the proposed district. (2) A time and place for a public hearing on the establishment of the property and business improvement district and the levy of assessments, which shall be consistent with the requirements of Section 36623. 36622. Contents of management district plan The management district plan shall include, but is not limited to, all of the following: (a) If the assessment will be levied on property, a map of the district in sufficient detail to locate each parcel of property and, if businesses are to be assessed, each business within the district. If the assessment will be levied on businesses, a map that identifies the district boundaries in sufficient detail to allow a business owner to reasonably determine whether a business is located within the district boundaries. If the assessment will be levied on property and businesses, a map of the district in sufficient detail to locate each parcel of property and to allow a business owner to reasonably determine whether a business is located within the district boundaries. (b) The name of the proposed district. (c) A description of the boundaries of the district, including the boundaries of benefit zones, proposed for establishment or extension in a manner sufficient to identify the affected property and businesses included, which may be made by reference to any plan or map that is on file with the clerk. The boundaries of a proposed property assessment district shall not overlap with the boundaries of another existing property assessment district created pursuant to this part. This part does not prohibit the boundaries of a district created pursuant to this part to overlap with other assessment districts established pursuant to other provisions of law, including, but not limited to, the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing with Section 36500)). This part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with another business assessment district created pursuant to this part. This part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with a property assessment district created pursuant to this part. (d) The improvements, maintenance, and activities proposed for each year of operation of the district and the maximum cost thereof. If the improvements, maintenance, and activities proposed for each year of operation are the same, a description of the first year's proposed improvements, maintenance, and activities and a statement that the same improvements, maintenance, and activities are proposed for subsequent years shall satisfy the requirements of this subdivision. (e) The total annual amount proposed to be expended for improvements, maintenance, or activities, and debt service in each year of operation of the district. If the assessment is levied on businesses, this amount may be estimated based upon the assessment rate. If the total annual amount proposed to be expended in each year of operation of the district is not significantly different, the amount proposed to be expended in the initial year and a statement that a similar amount applies to subsequent years shall satisfy the requirements of this subdivision. (f) The proposed source or sources of financing, including the proposed method and basis of levying the assessment in sufficient detail to allow each property or business owner to calculate the amount of the assessment to be levied against his or her property or business. The plan also shall state whether bonds will be issued to finance improvements. (g) The time and manner of collecting the assessments. (h) The specific number of years in which assessments will be levied. In a new district, the maximum number of years shall be five. Upon renewal, a district shall have a term not to exceed 10 years. Notwithstanding these limitations, a district created pursuant to this part to finance capital improvements with bonds may levy assessments until the maximum maturity of the bonds. The management district plan may set forth specific increases in assessments for each year of operation of the district. SFPTMD Management District Plan 19 August 14, 2023 (i) The proposed time for implementation and completion of the management district plan. 0) Any proposed rules and regulations to be applicable to the district. (k) (1) A list of the properties or businesses to be assessed, including the assessor's parcel numbers for properties to be assessed, and a statement of the method or methods by which the expenses of a district will be imposed upon benefited real property or businesses, in proportion to the benefit received by the property or business, to defray the cost thereof. (2) In a property -based district, the proportionate special benefit derived by each identified parcel shall be determined exclusively in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the activities. An assessment shall not be imposed on any parcel that exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Only special benefits are assessable, and a property -based district shall separate the general benefits, if any, from the special benefits conferred on a parcel. Parcels within a property -based district that are owned or used by any city, public agency, the State of California, or the United States shall not be exempt from assessment unless the governmental entity can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit. The value of any incidental, secondary, or collateral effects that arise from the improvements, maintenance, or activities of a property -based district and that benefit property or persons not assessed shall not be deducted from the entirety of the cost of any special benefit or affect the proportionate special benefit derived by each identified parcel. (1) In a property -based district, the total amount of all special benefits to be conferred upon the properties located within the property -based district. (m) In a property -based district, the total amount of general benefits, if any. (n) In a property -based district, a detailed engineer's report prepared by a registered professional engineer certified by the State of California supporting all assessments contemplated by the management district plan. (o) Any other item or matter required to be incorporated therein by the city council. 36623. Procedure to levy assessment (a) If a city council proposes to levy a new or increased property assessment, the notice and protest and hearing procedure shall comply with Section 53753 of the Government Code. (b) If a city council proposes to levy a new or increased business assessment, the notice and protest and hearing procedure shall comply with Section 54954.6 of the Government Code, except that notice shall be mailed to the owners of the businesses proposed to be assessed. A protest may be made orally or in writing by any interested person. Every written protest shall be filed with the clerk at or before the time fixed for the public hearing. The city council may waive any irregularity in the form or content of any written protest. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. Each written protest shall contain a description of the business in which the person subscribing the protest is interested sufficient to identify the business and, if a person subscribing is not shown on the official records of the city as the owner of the business, the protest shall contain or be accompanied by written evidence that the person subscribing is the owner of the business or the authorized representative. A written protest that does not comply with this section shall not be counted in determining a majority protest. If written protests are received from the owners or authorized representatives of businesses in the proposed district that will pay 50 percent or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than 50 percent, no further proceedings to levy the proposed assessment against such businesses, as contained in the resolution of intention, shall be taken for a period of one year from the date of the finding of a majority protest by the city council. (c) If a city council proposes to conduct a single proceeding to levy both a new or increased property assessment and a new or increased business assessment, the notice and protest and hearing procedure for the property assessment shall comply with subdivision (a), and the notice and protest and hearing procedure for the business assessment shall comply with subdivision (b). If a majority protest is received from either the property or business owners, that respective portion of the assessment shall not be levied. The remaining portion of the assessment may be levied unless the improvement or other special benefit was proposed to be funded by assessing both property and business owners. 36624. Changes to proposed assessments At the conclusion of the public hearing to establish the district, the city council may adopt, revise, change, reduce, or modify the proposed assessment or the type or types of improvements, maintenance, and activities to be funded with the SFPTMD Management District Plan 20 August 14, 2023 revenues from the assessments. Proposed assessments may only be revised by reducing any or all of them. At the public hearing, the city council may only make changes in, to, or from the boundaries of the proposed property and business improvement district that will exclude territory that will not benefit from the proposed improvements, maintenance, and activities. Any modifications, revisions, reductions, or changes to the proposed assessment district shall be reflected in the notice and map recorded pursuant to Section 36627. 36625. Resolution of formation (a) If the city council, following the public hearing, decides to establish a proposed property and business improvement district, the city council shall adopt a resolution of formation that shall include, but is not limited to, all of the following: (1) A brief description of the proposed improvements, maintenance, and activities, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property, businesses, or both within the district, a statement on whether bonds will be issued, and a description of the exterior boundaries of the proposed district, which may be made by reference to any plan or map that is on file with the clerk. The descriptions and statements need not be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements, maintenance, and activities and the location and extent of the proposed district. (2) The number, date of adoption, and title of the resolution of intention. (3) The time and place where the public hearing was held concerning the establishment of the district. (4) A determination regarding any protests received. The city shall not establish the district or levy assessments if a majority protest was received. (5) A statement that the properties, businesses, or properties and businesses in the district established by the resolution shall be subject to any amendments to this part. (6) A statement that the improvements, maintenance, and activities to be conferred on businesses and properties in the district will be funded by the levy of the assessments. The revenue from the levy of assessments within a district shall not be used to provide improvements, maintenance, or activities outside the district or for any purpose other than the purposes specified in the resolution of intention, as modified by the city council at the hearing concerning establishment of the district. Notwithstanding the foregoing, improvements and activities that must be provided outside the district boundaries to create a special or specific benefit to the assessed parcels or businesses may be provided, but shall be limited to marketing or signage pointing to the district. (7) A finding that the property or businesses within the area of the property and business improvement district will be benefited by the improvements, maintenance, and activities funded by the proposed assessments, and, for a property -based district, that property within the district will receive a special benefit. (8) In a property -based district, the total amount of all special benefits to be conferred on the properties within the property -based district. (b) The adoption of the resolution of formation and, if required, recordation of the notice and map pursuant to Section 36627 shall constitute the levy of an assessment in each of the fiscal years referred to in the management district plan. 36627. Notice and assessment diagram Following adoption of the resolution establishing district assessments on properties pursuant to Section 36625, the clerk shall record a notice and an assessment diagram pursuant to Section 3114. No other provision of Division 4.5 (commencing with Section 3100) applies to an assessment district created pursuant to this part. 36628. Establishment of separate benefit zones within district; Categories of businesses The city council may establish one or more separate benefit zones within the district based upon the degree of benefit derived from the improvements or activities to be provided within the benefit zone and may impose a different assessment within each benefit zone. If the assessment is to be levied on businesses, the city council may also define categories of businesses based upon the degree of benefit that each will derive from the improvements or activities to be provided within the district and may impose a different assessment or rate of assessment on each category of business, or on each category of business within each zone. 36628.5. Assessments on businesses or property owners SFPTMD Management District Plan 21 August 14, 2023 The city council may levy assessments on businesses or on property owners, or a combination of the two, pursuant to this part. The city council shall structure the assessments in whatever manner it determines corresponds with the distribution of benefits from the proposed improvements, maintenance, and activities, provided that any property -based assessment conforms with the requirements set forth in paragraph (2) of subdivision (k) of Section 36622. 36629. Provisions and procedures applicable to benefit zones and business categories All provisions of this part applicable to the establishment, modification, or disestablishment of a property and business improvement district apply to the establishment, modification, or disestablishment of benefit zones or categories of business. The city council shall, to establish, modify, or disestablish a benefit zone or category of business, follow the procedure to establish, modify, or disestablish a property and business improvement district. 36630. Expiration of district; Creation of new district If a property and business improvement district expires due to the time limit set pursuant to subdivision (h) of Section 36622, a new management district plan may be created and the district may be renewed pursuant to this part. CHAPTER 3. Assessments 36631. Time and manner of collection of assessments; Delinquent payments The collection of the assessments levied pursuant to this part shall be made at the time and in the manner set forth by the city council in the resolution levying the assessment. Assessments levied on real property may be collected at the same time and in the same manner as for the ad valorem property tax, and may provide for the same lien priority and penalties for delinquent payment. All delinquent payments for assessments levied pursuant to this part may be charged interest and penalties. 36632. Assessments to be based on estimated benefit; Classification of real property and businesses; Exclusion of residential and agricultural property (a) The assessments levied on real property pursuant to this part shall be levied on the basis of the estimated benefit to the real property within the property and business improvement district. The city council may classify properties for purposes of determining the benefit to property of the improvements and activities provided pursuant to this part. (b) Assessments levied on businesses pursuant to this part shall be levied on the basis of the estimated benefit to the businesses within the property and business improvement district. The city council may classify businesses for purposes of determining the benefit to the businesses of the improvements and activities provided pursuant to this part. (c) Properties zoned solely for residential use, or that are zoned for agricultural use, are conclusively presumed not to benefit from the improvements and service funded through these assessments, and shall not be subject to any assessment pursuant to this part. 36633. Time for contesting validity of assessment The validity of an assessment levied under this part shall not be contested in an action or proceeding unless the action or proceeding is commenced within 30 days after the resolution levying the assessment is adopted pursuant to Section 36625. An appeal from a final judgment in an action or proceeding shall be perfected within 30 days after the entry of judgment. 36634. Service contracts authorized to establish levels of city services The city council may execute baseline service contracts that would establish levels of city services that would continue after a property and business improvement district has been formed. 36635. Request to modify management district plan The owners' association may, at any time, request that the city council modify the management district plan. Any modification of the management district plan shall be made pursuant to this chapter. 36636. Modification of plan by resolution after public hearing; Adoption of resolution of intention SFPTMD Management District Plan 22 August 14, 2023 (a) Upon the written request of the owners' association, the city council may modify the management district plan after conducting one public hearing on the proposed modifications. The city council may modify the improvements and activities to be funded with the revenue derived from the levy of the assessments by adopting a resolution determining to make the modifications after holding a public hearing on the proposed modifications. If the modification includes the levy of a new or increased assessment, the city council shall comply with Section 36623. Notice of all other public hearings pursuant to this section shall comply with both of the following: (1) The resolution of intention shall be published in a newspaper of general circulation in the city once at least seven days before the public hearing. (2) A complete copy of the resolution of intention shall be mailed by first class mail, at least 10 days before the public hearing, to each business owner or property owner affected by the proposed modification. (b) The city council shall adopt a resolution of intention which states the proposed modification prior to the public hearing required by this section. The public hearing shall be held not more than 90 days after the adoption of the resolution of intention. 36637. Reflection of modification in notices recorded and maps Any subsequent modification of the resolution shall be reflected in subsequent notices and maps recorded pursuant to Division 4.5 (commencing with Section 3100), in a manner consistent with the provisions of Section 36627. CHAPTER 3.5. Financing 36640. Bonds authorized; Procedure; Restriction on reduction or termination of assessments (a)The city council may, by resolution, determine and declare that bonds shall be issued to finance the estimated cost of some or all of the proposed improvements described in the resolution of formation adopted pursuant to Section 36625, if the resolution of formation adopted pursuant to that section provides for the issuance of bonds, under the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500)) or in conjunction with Marks -Roos Local Bond Pooling Act of 1985 (Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the Government Code). Either act, as the case may be, shall govern the proceedings relating to the issuance of bonds, although proceedings under the Bond Act of 1915 may be modified by the city council as necessary to accommodate assessments levied upon business pursuant to this part. (b) The resolution adopted pursuant to subdivision (a) shall generally describe the proposed improvements specified in the resolution of formation adopted pursuant to Section 36625, set forth the estimated cost of those improvements, specify the number of annual installments and the fiscal years during which they are to be collected. The amount of debt service to retire the bonds shall not exceed the amount of revenue estimated to be raised from assessments over 30 years. (c) Notwithstanding any other provision of this part, assessments levied to pay the principal and interest on any bond issued pursuant to this section shall not be reduced or terminated if doing so would interfere with the timely retirement of the debt. CHAPTER 4. Governance 36650. Report by owners' association; Approval or modification by city council (a) The owners' association shall cause to be prepared a report for each fiscal year, except the first year, for which assessments are to be levied and collected to pay the costs of the improvements, maintenance, and activities described in the report. The owners' association's first report shall be due after the first year of operation of the district. The report may propose changes, including, but not limited to, the boundaries of the property and business improvement district or any benefit zones within the district, the basis and method of levying the assessments, and any changes in the classification of property, including any categories of business, if a classification is used. (b) The report shall be filed with the clerk and shall refer to the property and business improvement district by name, specify the fiscal year to which the report applies, and, with respect to that fiscal year, shall contain all of the following information: (1) Any proposed changes in the boundaries of the property and business improvement district or in any benefit zones or classification of property or businesses within the district. (2) The improvements, maintenance, and activities to be provided for that fiscal year. SFPTMD Management District Plan 23 August 14, 2023 (3) An estimate of the cost of providing the improvements, maintenance, and activities for that fiscal year. (4) The method and basis of levying the assessment in sufficient detail to allow each real property or business owner, as appropriate, to estimate the amount of the assessment to be levied against his or her property or business for that fiscal year. (5) The estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal year. (6) The estimated amount of any contributions to be made from sources other than assessments levied pursuant to this part. (c) The city council may approve the report as filed by the owners' association or may modify any particular contained in the report and approve it as modified. Any modification shall be made pursuant to Sections 36635 and 36636. The city council shall not approve a change in the basis and method of levying assessments that would impair an authorized or executed contract to be paid from the revenues derived from the levy of assessments, including any commitment to pay principal and interest on any bonds issued on behalf of the district. 36651. Designation of owners' association to provide improvements, maintenance, and activities The management district plan may, but is not required to, state that an owners' association will provide the improvements, maintenance, and activities described in the management district plan. If the management district plan designates an owners' association, the city shall contract with the designated nonprofit corporation to provide services. CHAPTER 5. Renewal 36660. Renewal of district; Transfer or refund of remaining revenues; District term limit (a) Any district previously established whose term has expired, or will expire, may be renewed by following the procedures for establishment as provided in this chapter. (b) Upon renewal, any remaining revenues derived from the levy of assessments, or any revenues derived from the sale of assets acquired with the revenues, shall be transferred to the renewed district. If the renewed district includes additional parcels or businesses not included in the prior district, the remaining revenues shall be spent to benefit only the parcels or businesses in the prior district. If the renewed district does not include parcels or businesses included in the prior district, the remaining revenues attributable to these parcels shall be refunded to the owners of these parcels or businesses. (c) Upon renewal, a district shall have a term not to exceed 10 years, or, if the district is authorized to issue bonds, until the maximum maturity of those bonds. There is no requirement that the boundaries, assessments, improvements, or activities of a renewed district be the same as the original or prior district. CHAPTER 6. Disestablishment 36670. Circumstances permitting disestablishment of district; Procedure (a) Any district established or extended pursuant to the provisions of this part, where there is no indebtedness, outstanding and unpaid, incurred to accomplish any of the purposes of the district, may be disestablished by resolution by the city council in either of the following circumstances: (1) If the city council finds there has been misappropriation of funds, malfeasance, or a violation of law in connection with the management of the district, it shall notice a hearing on disestablishment. (2) During the operation of the district, there shall be a 30-day period each year in which assessees may request disestablishment of the district. The first such period shall begin one year after the date of establishment of the district and shall continue for 30 days. The next such 30-day period shall begin two years after the date of the establishment of the district. Each successive year of operation of the district shall have such a 30-day period. Upon the written petition of the owners or authorized representatives of real property or the owners or authorized representatives of businesses in the district who pay 50 percent or more of the assessments levied, the city council shall pass a resolution of intention to disestablish the district. The city council shall notice a hearing on disestablishment. (b) The city council shall adopt a resolution of intention to disestablish the district prior to the public hearing required by this section. The resolution shall state the reason for the disestablishment, shall state the time and place of the public hearing, and shall contain a proposal to dispose of any assets acquired with the revenues of the assessments levied within the property and business improvement district. The notice of the hearing on disestablishment required by this section shall be given by mail to the property owner of each parcel or to the SFPTMD Management District Plan 24 August 14, 2023 owner of each business subject to assessment in the district, as appropriate. The city shall conduct the public hearing not less than 30 days after mailing the notice to the property or business owners. The public hearing shall be held not more than 60 days after the adoption of the resolution of intention. 36671. Refund of remaining revenues upon disestablishment or expiration without renewal of district; Calculation of refund; Use of outstanding revenue collected after disestablishment of district (a) Upon the disestablishment or expiration without renewal of a district, any remaining revenues, after all outstanding debts are paid, derived from the levy of assessments, or derived from the sale of assets acquired with the revenues, or from bond reserve or construction funds, shall be refunded to the owners of the property or businesses then located and operating within the district in which assessments were levied by applying the same method and basis that was used to calculate the assessments levied in the fiscal year in which the district is disestablished or expires. All outstanding assessment revenue collected after disestablishment shall be spent on improvements and activities specified in the management district plan. (b) If the disestablishment occurs before an assessment is levied for the fiscal year, the method and basis that was used to calculate the assessments levied in the immediate prior fiscal year shall be used to calculate the amount of any refund. SFPTMD Management District Plan 25 August 14, 2023 APPENDIX 2 - ASSESSED BUSINESSES HOTEL NAME SITE ADDRESS CITY ST ZIP AC HOTEL SAN FRANCISCO AIRPORT/OYSTER POINT WATERFRONT 1333 Veterans Blvd So. San Francisco CA 94080 AIRPORT INN 751 Airport Blvd So. San Francisco CA 94080 ALL SEASONS LODGE 800 El Camino Real So. San Francisco CA 94080 ALOFT SAN FRANCISCO AIRPORT 401 E. Millbrae Ave Millbrae CA 94030 AMERICANA INN MOTEL 760 El Camino Real So. San Francisco CA 94080 AMERICAS BEST VALUE INN - PACIFICA 2160 Francisco Blvd Pacifica CA 94044 ANCHOR INN PACIFICA 500 San Pedro Ave Pacifica CA 94044 ARISTOCRAT HOTEL, BW SIGNATURE COLLECTION 1410 Cabrillo Hwy S Half Moon Bay CA 94019 ATHERTON INN 1201 W Selby Lane Redwood City CA 94061 ATHERTON PARK INN & SUITES 2834 El Camino Real Redwood City CA 94061 BAY LANDING HOTEL 1550 Ba shore Hwy Burlingame CA 94010 BAYHILL INN 950 El Camino Real San Bruno CA 94066 BEACH HOUSE HOTEL 4100 Cabrillo Hwy N Half Moon Bay CA 94019 BELMONT PALMS 700 El Camino Real Belmont CA 94002 BEST WESTERN COYOTE POINT 480 N Ba shore Blvd San Mateo CA 94401 BEST WESTERN INN 316 El Camino Real Redwood City CA 94062 BEST WESTERN PLUS EXECUTIVE SUITES 25 5th Ave Redwood City CA 94063 BEST WESTERN PLUS GROSVENOR HOTEL 380 S Airport Blvd So. San Francisco CA 94080 BUDGET INN 2526 El Camino Real Redwood City CA 94061 CANYON RANCH WELLNESS RETREAT 16350 Skyline Blvd Woodside CA 94062 CAPRI MOTEL 2380 El Camino Real Redwood City CA 94063 THE CATRINA HOTEL 2110 S El Camino Real San Mateo CA 94403 COMFORT INN & SUITES - SAN BRUNO 611 San Bruno Ave E San Bruno CA 94066 COMFORT INN & SUITES SFO NORTH 121 E. Grand Ave So. San Francisco CA 94080 COSTANOA LODGE+CAMP+RESORT 2001 Rossi Rd Pescadero CA 94060 COUNTRY INN & SUITES BY RADISSON 251 El Camino Real San Carlos CA 94070 COURTYARD REDWOOD CITY 600 Bair Island Rd Redwood City CA 94063 COURTYARD SAN FRANCISCO AIRPORT 1050 Ba hill Dr San Bruno CA 94066 CROWNE PLAZA S.F. AIRPORT 1177 Airport Blvd Burlingame CA 94010 CYPRESS INN ON MIRAMAR BEACH 407 Mirada Rd Half Moon Bay CA 94019 DAYS INN - REDWOOD CITY 2650 El Camino Real Redwood City CA 94061 DAYS INN S.F. AIRPORT -OYSTER POINT - SSF 1113 Airport Blvd So. San Francisco CA 94080 DELUXE INN - REDWOOD CITY 1402 Stafford St Redwood City CA 94062 DELUXE INN - SSF 920 El Camino Real So. San Francisco CA 94080 DOUBLETREE BY HILTON S.F. AIRPORT 835 Airport Blvd Burlingame CA 94010 SFPTMD Management District Plan 26 August 14, 2023 DOUBLETREE BY HILTON S.F. AIRPORT NORTH 5000 Sierra Point Parkway Brisbane CA 94005 DOUBLETREE BY HILTON SF / SOUTH AIRPORT BLVD 275 S Airport Blvd So. San Francisco CA 94080 THE DYLAN HOTEL AT SFO 110 S El Camino Real Millbrae CA 94030 EMBASSY SUITES S.F. AIRPORT SOUTH SAN FRANCISCO 250 Gateway Blvd So. San Francisco CA 94080 EMBASSY SUITES S.F. AIRPORT - WATERFRONT 150 Anza Blvd Burlingame CA 94010 EXTENDED STAY AMERICA - BELMONT 120 Sem Lane Belmont CA 94002 EXTENDED STAY AMERICA - SAN CARLOS 3 Circle Star Way San Carlos CA 94070 EXTENDED STAY AMERICA - SAN MATEO 1830 Gateway Dr San Mateo CA 94404 FAIRFIELD INN & SUITES SAN FRANCISCO PACIFICA 500 Old County Rd Pacifica CA 94044 FAIRFIELD INN & SUITES SAN FRANCISCO SAN CARLOS 555 Skyway Rd San Carlos CA 94070 FAIRFIELD INN & SUITES SFO OYSTER POINT AREA 127 W. Harris Avenue So. San Francisco CA 94080 FOUR POINTS BY SHERATON HOTEL & SUITES 264 S Airport Blvd So. San Francisco CA 94080 FOUR SEASONS HOTEL SILICON VALLEY 2050 University Ave East Palo Alto CA 94303 GARDEN MOTEL 1690 Broadway Redwood City CA 94063 GATEWAY INN & SUITES 516 El Camino Real San Bruno CA 94066 GOOD LIVING INN 1562 El Camino Real San Carlos CA 94070 GOOD N1TE INN 485 Veterans Blvd Redwood City CA 94063 GRAND BAY SAN FRANCISCO 223 Twin Dolphin Dr Redwood City CA 94065 GRAND HYATT AT SFO 55 S. McDonnell Road San Francisco CA 94128 HALF MOON BAY INN 401 Main St Half Moon Bay CA 94019 HALF MOON BAY LODGE 2400 Cabrillo Hwy S Half Moon Bay CA 94019 HAMPTON INN & SUITES SFO SOUTH - BURLINGAME 1755 Ba shore Hwy Burlingame CA 94010 HAMPTON INN & SUITES - SAN MATEO 2940 S. Norfolk St. San Mateo CA 94403 HAMPTON INN SFO NORTH - SSF 300 Gateway Blvd So. San Francisco CA 94080 HARBOR VIEW INN 51 Ave Alhambra El Granada CA 94018 HILTON GARDEN INN SAN MATEO 2000 Brid e oint Circle San Mateo CA 94404 HILTON GARDEN INN SFO - BURLINGAME 765 Airport Blvd Burlingame CA 94010 HILTON GARDEN INN - SFO NORTH - SSF 670 Gateway Blvd So. San Francisco CA 94080 HILTON S.F. AIRPORT BAYFRONT 600 Airport Blvd Burlingame CA 94010 HOLIDAY INN & SUITES SAN MATEO-SF SFO 330 N Ba shore Blvd San Mateo CA 94401 HOLIDAY INN EXPRESS & SUITES BELMONT 1650 El Camino Real Belmont CA 94002 HOLIDAY INN EXPRESS REDWOOD CITY CENTRAL 1836 El Camino Real Redwood City CA 94063 HOLIDAY INN EXPRESS SFO NORTH - SSF 373 S Airport Blvd So. San Francisco CA 94080 HOLIDAY INN EXPRESS SFO SOUTH - BURLINGAME 1250 Ba shore Hwy Burlingame CA 94010 SFPTMD Management District Plan 27 August 14, 2023 HOME2 SUITES BY HILTON SFO NORTH 550 Gateway Blvd So. San Francisco CA 94080 HOMEWOOD SUITES BY HILTON BELMONT 1201 Shoreway Road Belmont CA 94002 HOMEWOOD SUITES BY HILTON SFO AIRPORT NORTH 2O00 Shoreline Court Brisbane CA 94005 HOTEL 1550 1550 El Camino Real San Bruno CA 94066 HOTEL ALUXOR 500 El Camino Real San Bruno CA 94066 HOTEL AURA SFO 190 El Camino Real San Bruno CA 94066 HOTEL BELMONT 560 El Camino Real Belmont CA 94002 HOTEL FOCUS SFO 111 Mitchell Ave So. San Francisco CA 94080 HOTEL NOVA SFO BY FAIRBRIDGE 410 S Airport Blvd So. San Francisco CA 94080 HOTEL V 222 S Airport Blvd So. San Francisco CA 94080 HYATT HOUSE BELMONT/REDWOOD SHORES 400 Concourse Dr Belmont CA 94002 HYATT PLACE SAN CARLOS 26 El Camino Real San Carlos CA 94070 HYATT REGENCY SAN FRANCISCO AIRPORT 1333 Ba shore Hwy Burlingame CA 94010 INN @ BAYSHORE 140 N Ba shore Blvd San Mateo CA 94401 INN AT MAVERICKS 346 Princeton Ave El Granada CA 94018 INN AT ROCKAWAY 200 Rockaway Beach Ave Pacifica CA 94044 INN BY THE SFO 701 Airport Blvd So. San Francisco CA 94080 LA QUINTA INN & SUITES S.F. AIRPORT WEST 1390 El Camino Real Millbrae CA 94030 LA QUINTA INN S.F. AIRPORT NORTH 20 Airport Blvd So. San Francisco CA 94080 LARKSPUR LANDING HOTEL SSF 690 Gateway Blvd So. San Francisco CA 94080 LIA HOTEL 950 El Camino Real San Carlos CA 94070 LIGHTHOUSE HOTEL 105 Rockaway Beach Ave Pacifica CA 94044 MARRIOTT FAIRFIELD INN & SUITES SFO 250 El Camino Real Millbrae CA 94030 MILL ROSE INN 615 Mill St Half Moon Bay CA 94019 MILLWOOD INN & SUITES 1375 El Camino Real Millbrae CA 94030 THE MIRAMAR INN & SUITES 3020 Cabrillo Hwy N Half Moon Bay CA 94019 MOTEL 6 - BELMONT 1101 Shoreway Rd Belmont CA 94002 NANTUCKET WHALE INN 779 Main St Half Moon Bay CA 94019 NICHE HOTEL 868 Main St Redwood City CA 94063 OCEAN VIEW INN 8425 Cabrillo Hwy Montara CA 94037 THE OCEANFRONT HOTEL 211 Mirada Rd Half Moon Bay CA 94019 OCEANO HOTEL & SPA 280 Capistrano Rd Half Moon Bay CA 94019 PACIFICA BEACH HOTEL 525 Cres i Dr Pacifica CA 94044 PARK POINTE HOTEL 245 S. Airport Blvd So. San Francisco CA 94080 PESCADERO CREEK INN 393 Stage Rd Pescadero CA 94060 QUALITY INN HALF MOON BAY 2930 Cabrillo Hwy N Half Moon Bay CA 94019 SFPTMD Management District Plan 28 August 14, 2023 RAMADA LIMITED SUITES 721 Airport Blvd So. San Francisco CA 94080 REDWOOD CREEK INN 1090 El Camino Real Redwood City CA 94063 REDWOOD MOTOR COURT 3706 Robson Rd Redwood City CA 94063 REGENCY INN SFO 411 San Bruno Ave E San Bruno CA 94066 RESIDENCE INN SAN FRANCISCO AIRPORT/MILLBRAE 161 N. Rollins Road Millbrae CA 94030 RESIDENCE INN REDWOOD CITY SAN CARLOS 800 E. San Carlos Ave San Carlos CA 94070 RESIDENCE INN SAN FRANCISCO AIRPORT/SAN MATEO 2000 Winward Way San Mateo CA 94404 THE RITZ-CARLTON, HALF MOON BAY One Miramontes Point Rd Half Moon Bay CA 94019 RITZ INN 151 El Camino Real San Bruno CA 94066 ROYAL INN 120 Hickey Blvd So. San Francisco CA 94080 SAN BENITO HOUSE 356 Main St Half Moon Bay CA 94019 SAN CARLOS INN 1140 Morse Blvd San Carlos CA 94070 SAN FRANCISCO AIRPORT MARRIOTT WATERFRONT 1800 Old Ba shore Hwy Burlingame CA 94010 SAN MATEO MARRIOTT 1770 So. Am hlett Blvd San Mateo CA 94402 SEA BREEZE MOTEL 100 Rockaway Beach Ave Pacifica CA 94044 SEAL COVE INN 221 Cypress Ave Moss Beach CA 94038 SEQUOIA INN 526 El Camino Real Redwood City CA 94063 SFO AIRPORT HOTEL, EL RANCHO INN 1100 El Camino Real Millbrae CA 94030 SILICON VALLEY INN 630 El Camino Real Belmont CA 94002 SONESTA ES SUITES SFO SAN BRUNO 1350 Huntington San Bruno CA 94066 SONESTA ES SUITES SFO OYSTER POINT WATERFRONT 1350 Veterans Blvd So. San Francisco CA 94080 SONESTA SELECT SFO OYSTER POINT WATERFRONT 1300 Veterans Blvd So. San Francisco CA 94080 SPRINGHILL SUITES BELMONT REDWOOD SHORES 1401 Shoreway Rd Belmont CA 94002 SUPER 8 S.F. AIRPORT - SAN BRUNO 421 El Camino Real San Bruno CA 94066 TRAVELERS INN 100 Hickey Blvd So. San Francisco CA 94080 TRAVELODGE SFO NORTH 326 S Airport Blvd So. San Francisco CA 94080 VAGABOND INN EXECUTIVE S.F. AIRPORT BAYFRONT 1640 Old Ba shore Hwy Burlingame CA 94010 VILLA MONTES HOTEL, ASCEND HOTEL COLLECTION 620 El Camino Real San Bruno CA 94066 THE WESTIN S.F. AIRPORT 1 Old Ba shore Hwy Millbrae CA 94030 ZABALLA HOUSE BED & BREAKFAST 324 Main St Half Moon Bay CA 94019 SFPTMD Management District Plan 29 August 14, 2023 APPENDIX 3 - BENEFITS BY BUSINESS CATEGORY Tier 1 Tier 2 Program Service 1.5% 0.75% General Listing on www.thesanfranciscopeninsula.com with link to hotel booking page X X X X General Inclusion in Sales, Marketing and Promotional Opportunities X X General Inclusion in SFP's Consumer Brochures X X General Access to SFP's research reports and insights X X General Re resented by SFP at industry conferences and events Access to California Hotel Lodging Association's industry advocacy efforts and training X X General materials X X Consumer O ortuni to participate in Consumer Marketing Campaigns X X Consumer Public Relations participation opportunities X X Consumer Familiarization Tour(Press and Influencer Opportunities X X Consumer Inclusion Opportunity in Social Media Efforts X X Consumer Inclusion Opportunity in Destination Video and Photo Shoots X X Consumer New project andspecial event opportunities X X Travel Trade Trade Show Opportunities X X Travel Trade Sales Mission Opportunities X X Travel Trade Lead Opportunities X X Travel Trade Familiarization Tour Leads(Press and Travel Trade Opportunities X Meetings Lead Distribution X Meetings Site Inspections X Meetings Convention Services Support X Meetings Opportunity to participate in Sales Missions X Meetings Opportunity to participate in Client Events X Meetings Industry tradeshow participation X Meetings Participation in local industry chapter meetings and events X Meetings Familiarization Tours X Meetings Marketing Campaigns X Meetings Inclusion in Meetings Market Brochures X Meetings Opportunity for Sponsorship of Group Events Custom Event Landing Page for Groups: Things To Do Nearby With Your Selected X Meetings Venue (Itinerary) SFPTMD Management District Plan 30 August 14, 2023 X Meetings Distribution of hot rates and dates to planners X Meetings Co-op advertising opportunities in key meeting publications X Meetings Social media mentions/posts promoting groups space X Meetings Inclusion on Meeting Planner section of website X Meetings Opportunity to be highlighted in meeting planner newsletter X Meetings Access to SF Travel group leads via our alliance with SFT SFPTMD Management District Plan 31 August 14, 2023 APPENDIX 4 - SMG CONSULTING ANALYSIS SFPTMD Management District Plan 32 August 14, 2023 SF Peninsula Tourism Business Improvement District Pro Forma Review SMGConsulting TAKE ANOTHER PATH. SFPTMD Management District Plan 33 August 14, 2023 Overview In 2001, the Organization established a Tourism Business Improvement District (TBID) under the Parking and Business Improvement Area Law of 1989 ('89 Law) and now wishes to convert to a Tourism Marketing District (TMD) under the Property and Business Improvement District Law of 1994 ('94 Law). The organization is moving forward with a Tourism Business Improvement District (TBID) transition that will increase its funding above $6 million annually to be available for tourism promotion efforts. The TBID contribution is a significant budget increase for the organization. In developing the proposal for the TBID renewal and the subsequent approval of the lodging industry, the organization staff has prepared a TMD Benefits Proforma to estimate the potential return on investment from the new TBID funds. This staff assessment includes the proposed allocation and use of new funds for different tourism promotion efforts (sales, advertising, public relations, social media, etc.) and the projected return on investment for those funds. Proforma Review The TMD Benefits Proforma review includes a review of the staff proforma to check the assumptions and estimates and make suggestions and recommendations. Scope of Work The following is a review of the proforma developed for the TBID renewal. The analysis was done using the information supplied by The San Francisco Peninsula CVB. Project elements include the following: I. DEVELOP SMITH TRAVEL RESEARCH TRENDLINE AND ANNUAL GROWTH RATE FOR LODGING REVENUE. DEVELOP MULTI -YEAR FORECAST. y DETERMINE THE PROJECTABLE RATE OF GROWTH. • REVIEW STAFF DRAFT PROFORMA, INCLUDING ASSUMPTIONS AND FINAL ESTIMATES. I. COMPARE PROFORMA ESTIMATES WITH TRENDLINE AND ASSESS WITH POTENTIALLY DIFFERENT SCENARIOS (HIGH, MEDIUM, AND LOW ESTIMATES). Limiting Conditions The following analysis and estimates are based on the best information and time available. The results and opinions provided are a guide for consideration, and we do not claim as to the accuracy of the final results. SFPTMD Management District Plan 34 August 14, 2023 Model Development We developed an SF Peninsula Tourism Economic Model to develop lodging revenue and room night projections with the addition of new properties and the potential of Menlo Park Inclusion. The model was developed utilizing the past ten years of monthly lodging data from Smith Travel Research. The model measures a variety of economic activities, including the following: II. LODGING REVENUE PROJECTIONS THROUGH 2O27 III. ROOM NIGHT PROJECTION THROUGH 2O27 IV. TBID REVENUE WITHOUT MENLO PARK V. TBID REVENUE WITH MENLO PARK VI. TBIB REVENUE WITH NEW PROPERTIES VII. TBID REVENUE WITHOUT NEW PROPERTIES. The SF Peninsula Tourism Economic Model can be adjusted to test or consider different scenarios. Model Methodology The future growth of ADR and room nights is using a Bayesian Structural Times Series (BSTS) model, a technique for fitting historical data and forecasting future trends (Scott and Varian, Predicting the Present with Bayesian Structural Time Series 2013). BSTS was chosen for its ability to forecast future trends, including seasonal variation, using robust time series data. In this case, data is available in monthly intervals from July 2012. This model was fit by specifying a semi -local linear trend. Confidence intervals bound a mean forecast to quantify the degree of uncertainty in the future (Scott, Fitting Bayesian structural time series with the bsts R package 2017). Rather than having the pandemic disruption influence the forecasts, only data from July 2012 through December 2019 was taken as input. Revenue is simply forecast as the product of ADR and room nights. Given the fact that the STR reports track all cities in San Mateo County, the revenue forecast is reduced in proportion to the number of room nights in the TMD (15,699/17,190) or 91.3 percent. TMD fee revenue is also forecast in proportion to available rooms, with 42 percent A -level property rooms paying 1.5 percent of gross room revenue. The balance is paid by B-level property rooms at 0.75 percent. Construction of three new B-level properties is underway and will bring 451 rooms online. These rooms are assumed to be available from January 2023. There are 533 A -level property rooms and 338 B-level property rooms in Menlo Park. Potential gross room and TMD fee revenue is forecast on the basis of room count proportionality. Model Assumptions The model forecasts mean values of ADR and room nights along with 2.5 percent confidence intervals. This report is based on mean values. By constructing the model in this manner, we are SFPTMD Management District Plan 35 August 14, 2023 assuming that the conditions supporting ADR and room night growth prior to the pandemic will continue from 2023 forward. Sources of variation include the impact of macroeconomic conditions, actual timing of new construction (planned and unplanned), promotions and policies such as airline crew waivers. Model Limitations The baseline SF Peninsula Tourism Economic Model provides a static look based on a given set of assumptions. Forecasts of future events are inherently uncertain as the recent pandemic reminded us. As noted above, the model can be adjusted to estimate specific scenarios in detail in which case the relative differences generally provide the most value. Findings Table 1 below summarizes Room Nights, Revenue, and Average Daily Rate (ADR) projections. Table 1: Room Night, Revenue, and Average Daily Rate Projections 2021-2027 Room nights 3,201,672 3,273,894 3,356,784 3,470,192 3,592,148 3,720,575 3,824,263 RN annual growth Revenue (thousands) Rev annual growth ADR 2.3% 2.5% 3.4% 3.5% 3.6% 2.8% $430,563 $784,357 $1,053,955 $1,140,669 $1,229,371 $1,335,188 $1,444,536 82.2% 34.4% 8.2% 7.8% 8.6% 8.2% $134 $240 $314 $329 $342 $359 $378 ADR annual growth 78.2% 31.1% 4.7% 4.1% 4.9% 5.3% A. THE MODEL INCLUDES GROWTH RATE PROJECTIONS FOR EACH OF THOSE CATEGORIES. NOTE THE SIGNIFICANT REVENUE GROWTH PROJECTION IN 2022 AND 2023, AFTER WHICH THE GROWTH SLOWS DOWN INTO A MORE CONSISTENT PATTERN AFTER 2023. (SEE TABLE 1 ABOVE) B. THE TMD BENEFITS PROFORMA DEVELOPED BY STAFF HAS LODGING RATES BETWEEN $200 AND $293, WHICH IS WITHIN ESTIMATES OR THE PROJECTED AVERAGE DAILY RATE OF THE SF PENINSULA TOURISM ECONOMIC MODEL. (SEE TABLE 2) A. REGARDING TBID REVENUE PROJECTION, THE TMD BENEFITS PROFORMA ANTICIPATES TBID REVENUE OF APPROXIMATELY $6M. BASED ON THE SF PENINSULA TOURISM ECONOMIC MODEL'S ASSUMPTIONS, TBID COLLECTIONS COULD BE HIGHER STARTING IN 2022 (APPROXIMATELY $8M). (SEE TABLE 2) B. THE MODEL CONSIDERS THE NEW CONSTRUCTION OF HOTELS (451 UNITS) WHICH INCREASES THE POTENTIAL TBID REVENUE GENERATION BY APPROXIMATELY $207,000. (SEE TABLE 2) C. ADDITIONALLY, THE MODEL CONSIDERS THE POTENTIAL ADDITION OF MENLO PARK HOTELS BEING A PART OF THE TBID. THE ADDITION OF MENLO PARK HOTELS WOULD INCREASE TBID CONTRIBUTIONS BY APPROXIMATELY $638,000 STARTING IN 2023. (SEE TABLE 2) SFPTMD Management District Plan 36 August 14, 2023 Table 2: TMD Room Revenue and Fee Projections A Revenue $101,204,557 1.50% $2,718,068 B Revenue $249,358,533 0.75 Total TBID/TMD $4,588,257 Base Year TBID Projection $330,100,605 $405,089,050 $438,417,832 $472,510,240 $513,181,465 $555,203,395 $4,951,509 $6,076,336 $6,576,267 $7,087,654 $7,697,722 $8,328,141 $454,256,803 $557,449,620 $603,313,899 $650,229,026 $706,197,349 $764,032,666 $8,358,435 $10,257,208 $11,101,122 $11,964,371 $12,994,202 $14,058,366 New Construction New rooms 2023 (B) 451 Total w/new hotels increase in B 5.0% Menlo Park New rooms 2023 (A) 533 increase in A 8.1% New rooms 2023 (B) 338 increase in B 3.5% Total w/Menlo Inventory Notes: $10,464,596 $11,325,573 $12,206,276 $13,256,929 $14,342,629 $10,895,479 $11,791,907 $12,708,873 $13,802,787 $14,933,191 Changes in Hotel Inventory 318 rooms lost to Project Home Key (housing the un-housed) during 2020/2021 Possibly December 15, 2022 or early 2023 Red Roof Inn, Burlingame 213 Rooms Possibly in 2023 El Rancho Inn, Millbrae 219 Rooms 2023 (Buyer is getting financing together, no set month for demolishing.) Holiday Inn Express, Burlingame 148 Rooms Possibly 2023 (Entitlements approved Sept 2022. No word when developer will start work.) Comfort Inn & Suites, South San Francisco 166 Rooms SFPTMD Management District Plan 37 August 14, 2023 Appendix SFPTMD Management District Plan 38 August 14, 2023 Appendix 1: San Mateo County Room Revenue Annual San Mateo County Room Revenue Historic STR Report Values through October 2022 and Forecast to 2027 $1,600,000,000 $1,400,000,000 $1,200,000,000 $1,000,000,000 $800,000,000 $600,000,000 $400,000,000 $200,000,000 $0 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 Source: STR Reports and Consulting Team. SFPTMD Management District Plan 39 August 14, 2023 Appendix 2: San Mateo County ADR Monthly San Mateo County ADR Forecast to 2034 $900 $800 $700 $600 $500 $400 $300 $200 $100 $0 � N M M l0 n n w M O O c-I N M M V M lD lD r� w M M O r-I N N M N N N N N N N N N N N N N N M M M M m m Q 0 Q 0 Q 0 Q 0 Q 0 Q 0 Q 0 Q Historical 97.5%quantile Forecast mean 2.5%quantile Source: STR Reports and Consulting Team. SFPTMD Management District Plan 40 August 14, 2023 Appendix 3: San Mateo County Room Nights 1,200,000 1,000,000 800,000 400,000 200,000 0 Monthly San Mateo County Room Night Forecast to 2034 N M ItT V V1 w 1, n w M O O -1 N M M TT Ln lO w r, w M M O N M Itt ri _i _i ci ci ri _i ci ri _i N N N N N N N N N N N N N N M M M M M M 7 Q U 7 Q U 7 Q U 7 Q U 7 Q U 7 Q @ U 7 Q U 7 Q Q o a o a o a o a o a o a o a Historical 97.5%quantile Forecast mean 2.5%quantile Source: STR Reports and Consulting Team. SFPTMD Management District Plan 41 August 14, 2023 DocuSign Envelope ID: 72BCEE96-8B4D-43A3-8C06-E6F3ED870850 RESOLUTION NO. 049-2023 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME DECLARING ITS INTENTION TO ESTABLISH THE SAN FRANCISCO PENINSULA TOURISM MARKETING DISTRICT (SFPTMD) AND FIXING THE TIME AND PLACE OF A PUBLIC MEETING AND A PUBLIC HEARING THEREON AND GIVING NOTICE THEREOF WHEREAS, in 2001, the San Mateo County Tourism Business Improvement District (SMCTBID) was formed pursuant to the Parking and Business Improvement Area Law of 1989 (89 Law) by Resolution No. 074-2001; and WHEREAS, the City of Burlingame (City), San Mateo County/Silicon Valley Convention and Visitors Bureau dba The San Francisco Peninsula (SFP), and San Mateo County lodging businesses seek to modernize the SMCTBID by forming a new District, the San Francisco Peninsula Tourism Marketing District (SFPTMD), pursuant to the Property and Business Improvement District Law of 1994; and WHEREAS, the Property and Business Improvement Law of 1994, Streets and Highways Code § 36600 et seq., authorizes the City to establish business improvement districts for the purposes of promoting tourism; and WHEREAS, lodging business owners, and representatives from the City of Burlingame have met to consider the formation of the SFPTMD; and WHEREAS, SFP has drafted a Management District Plan (Plan) that sets forth the proposed boundary of the SFPTMD, a service plan and budget, and a proposed means of governance; and WHEREAS, the proposed SFPTMD includes all lodging businesses, existing and in future, in the cities of Belmont, Brisbane, Burlingame, East Palo Alto, Foster City, Half Moon Bay, Menlo Park, Millbrae, Pacifica, Redwood City, San Bruno, San Carlos, San Mateo, South San Francisco, and the unincorporated area of San Mateo County; and WHEREAS, consent to include lodging businesses in their respective jurisdictions will be requested from the cities of Belmont, Brisbane, Burlingame, East Palo Alto, Foster City, Half Moon Bay, Menlo Park, Millbrae, Pacifica, Redwood City, San Bruno, San Carlos, San Mateo, South San Francisco, and the unincorporated area of San Mateo County; and WHEREAS, lodging businesses who will pay more than fifty percent (50%) of the assessment under the SFPTMD have petitioned the City Council to establish the SFPTMD. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL THAT: The recitals set forth herein are true and correct. 2. The City Council finds that lodging businesses that will pay more than fifty percent (50%) of the assessment proposed in the Plan have signed and submitted petitions in support of the formation of the SFPTMD. The City Council accepts the petitions and adopts this Resolution of Intention to establish the SFPTMD and to levy an assessment on certain lodging businesses within the SFPTMD boundaries in accordance with the Property and Business Improvement District Law of 1994. DocuSign Envelope ID: 72BCEE96-8B4D-43A3-8C06-E6F3ED870850 3. The City Council finds that the Plan satisfies all requirements of Streets and Highways Code § 36622. 4. The City Council declares its intention to establish the SFPTMD and to levy and collect assessments on lodging businesses within the SFPTMD boundaries pursuant to the Property and Business Improvement District Law of 1994. 5. The SFPTMD shall include all lodging businesses, existing and in the future, located within the boundaries of the cities of Belmont, Brisbane, Burlingame, East Palo Alto, Foster City, Half Moon Bay, Menlo Park, Millbrae, Pacifica, Redwood City, San Bruno, San Carlos, San Mateo, South San Francisco, and the unincorporated area of San Mateo County as shown in the map attached as Exhibit A. 6. The name of the district shall be San Francisco Peninsula Tourism Marketing District (SFPTMD). 7. The annual assessment rate is one- and one-half percent (1.5%) of gross short-term sleeping room rental revenue for lodging businesses with 5,000 square feet or more of dedicated meeting space, and 0.75% for all other lodging businesses within the SFPTMD's boundaries. Based on the benefit received, assessments will not be collected on stays of more than thirty (30) consecutive days; stays provided to airline cockpit and/or cabin crews pursuant to an agreement between a hotel and an airline, which is in furtherance of or to facilitate such crews' performance of theirjobs for the airline, including layovers between flights; employees of the state or federal government if room charges are paid directly by their employing agency and copies of official travel orders are submitted as applicable; and any properly credentialed officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty. 8. The assessments levied for the SFPTMD shall be applied toward sales and marketing programs to market assessed lodging businesses in the San Francisco Peninsula area as tourist, meeting, and event destinations, as described in the Plan. Funds remaining at the end of any year may be used in subsequent years in which SFPTMD assessments are levied as long as they are used consistent with the requirements of this resolution and the Plan. 9. The proposed SFPTMD will have a five (5) year life, beginning October 1, 2023, or as soon as possible thereafter, and ending five (5) years from its start date, unless renewed pursuant to Streets and Highways Code § 36660. 10. Bonds shall not be issued. 11. The time and place for the public meeting to hear testimony on establishing the SFPTMD and levying assessments are set for June 20, 2023, at 7:00 PM, or as soon thereafter as the matter may be heard, at City Hall, 501 Primrose Road, Burlingame, CA 94010. 12. The time and place for the public hearing to establish the SFPTMD and the levy of assessments are set for July 5, 2023, at 7:00 PM, or as soon thereafter as the matter may be heard, at City Hall, 501 Primrose Road, Burlingame, CA 94010. The City Clerk is directed to provide written notice to the lodging businesses subject to assessment of the DocuSign Envelope ID: 72BCEE96-8B4D-43A3-8C06-E6F3ED870850 date and time of the meeting and hearing, and to provide that notice as required by Streets and Highways Code § 36623, no later than May 21, 2023. 13. At the public meeting and hearing, the testimony of all interested persons for or against the establishment of the SFPTMD may be received. If at the conclusion of the public hearing, there are of record written protests by the owners of the lodging businesses within the proposed SFPTMD that will pay more than fifty percent (50%) of the estimated total assessment of the entire SFPTMD, no further proceedings to establish the SFPTMD shall occur for a period of one (1) year. 14. The complete Plan is on file with the City Clerk and may be reviewed upon request. 15. This resolution shall take effect immediately upon its adoption by the City Council. 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 on the 15th day of May, 2023, and was adopted thereafter by the following vote: AYES: Councilmembers: BEACH, BROWNRIGG, COLSON, ORTIZ, STEVENSON NOES: Councilmembers: NONE ABSENT: Councilmembers: NONE Meaghan Hassel -Shearer, City Clerk DocuSign Envelope ID: 72BCEE96-8B4D-43A3-8C06-E6F3ED870850 EXHIBIT A District Boundaries DocuSign Envelope ID: 72BCEE96-8B4D-43A3-8C06-E6F3ED870850 RESOLUTION NO. 050-2023 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME REQUESTING CONSENT OF THE CITIES OF BELMONT, BRISBANE, EAST PALO ALTO, FOSTER CITY, HALF MOON BAY, MENLO PARK, MILLBRAE, PACIFICA, REDWOOD CITY, SAN BRUNO, SAN CARLOS, SAN MATEO, SOUTH SAN FRANCISCO, AND THE UNINCORPORATED AREA OF SAN MATEO COUNTY TO FORM THE SAN FRANCISCO PENINSULA TOURISM MARKETING DISTRICT WHEREAS, the City Council of the City of Burlingame (the Council) desires to begin proceedings to form the San Francisco Peninsula Tourism Marketing District (SFPTMD); and WHEREAS, certain lodging business owners have requested that the Council form the SFPTMD; and WHEREAS, a portion of the territory proposed to be included in the SFPTMD lies within the boundaries of the cities of Belmont, Brisbane, Burlingame, East Palo Alto, Foster City, Half Moon Bay, Menlo Park, Millbrae, Pacifica, Redwood City, San Bruno, San Carlos, San Mateo, South San Francisco, and the unincorporated area of San Mateo County (the Cities and County), as shown on the map attached hereto as Exhibit A and incorporated herein by such attachment; and WHEREAS, the area of the Cities and County that lies within the boundaries of the proposed SFPTMD will, in the opinion of the Council, be benefited by the improvements and activities, and the purpose sought to be accomplished by the work can best be accomplished by a single comprehensive scheme of work. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF BURLINGAME that: Section 1: The above recitals are true and correct. Section 2: Consent of the cities of Belmont, Brisbane, East Palo Alto, Foster City, Half Moon Bay, Menlo Park, Millbrae, Pacifica, Redwood City, San Bruno, San Carlos, San Mateo, South San Francisco, and the unincorporated area of San Mateo County, through their City Councils and Board of Supervisors, is hereby requested to form the SFPTMD, and to grant to the Council of the City of Burlingame jurisdiction for all the purposes in connection with the creation, operation, and future renewals of the proposed SFPTMD. Section 3: The Burlingame City Clerk is hereby directed to transmit a certified copy of this Resolution to the clerks of the Granting Cities and County. Michael Brownrigg, Mayor DocuSign Envelope ID: 72BCEE96-8B4D-43A3-8C06-E6F3ED870850 I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame, certify that the foregoing Resolution was introduced at a regular meeting of the City Council on the 15th day of May, 2023, and was adopted thereafter by the following vote: AYES: Councilmembers: BEACH, BROWNRIGG, COLSON, ORTIZ, STEVENSON NOES: Councilmembers: NONE ABSENT: Councilmembers: NONE 11uaff,a., 4ssel-S4ea Meaghan Hassel -Shearer, City Clerk 2 DocuSign Envelope ID: 72BCEE96-8B4D-43A3-8C06-E6F3ED870850 o_rati., - PACIFIC OCEAN 16 i San Matero County Lines City f Town Outside ofTMD Unincorporated County in the TMD Cities in the TMD BELMONT BRISBANE BURLINGAME EAST PALO ALTO i FOSTER CITY jM HALF MOON BAY _ MENLO PARK _ MILLBRAE _ PACIFICA REDWOOD CITY _ SAN BRUNO _ SAN CARLOS SAN MATEO SOUTH SAN FRANCISCO Exhibit A Boundary Map SF Peninsula TMD BRISBANL SOUTH SAN FRANCISCO FOSTER CITY �! HIL seoRouG MATEO r, REDWOOD CITY BELMONT SAN CARLOS `J t.+ 1' MENLO PARK EAST HLIPI ON me CIVITAS 3 � CITY % STAFFBUIRILINGAME . yIII Avo Rw1 To: Honorable Mayor and City Council Date: August 21, 2023 AGENDA NO: 11 b MEETING DATE: August 21, 2023 From: Helen Yu -Scott, Finance Director — (650) 558-7222 Subject: Public Hearing and Adoption of a Resolution Amending the City of Burlingame Fiscal Year 2023-24 Master Fee Schedule RECOMMENDATION Staff recommends that the City Council: 1) Hold a public hearing in connection with updates to the City's Master Fee Schedule, and 2) Adopt a resolution amending the fiscal year 2023-24 Master Fee Schedule. BACKGROUND California law gives cities the ability to impose fees for governmental services when an individual's use of the City service is voluntary, and the fee charged is reasonable to the level of service and the cost of providing the service. In 2018, the City adopted a User Fee Cost Recovery Policy that established guidelines for the amount of cost recovery that is appropriate for the various services for which a fee is charged. Staff recommendations for fees were developed in accordance with these guidelines. The City Council has traditionally approved a Master Fee Schedule as part of the budget process. Fee adjustments are not automatic; they require an annual review and approval by the City Council. An annual review and update ensures that fees reflect current costs to provide services, allows the addition of fees when applicable for new City services, and provides for the elimination of fees for discontinued services. The City Council reviewed the proposed fees for fiscal year 2023-24 on April 3, 2023, held a public hearing, and approved the Master Fee Schedule on May 1, 2023 (Resolution No. 046-2023). Although the City Council approved the Master Fee Schedule in May, Vice Mayor Colson proposed a number of edits to the Master Fee Schedule, and the Council directed staff to address those edits in a future amendment to the fee schedule. In response to the Council's direction, staff conducted a detailed review of the fee schedule and subsequently discovered that there are a few fees missing from the schedule. On July 5, 2023, in compliance with California Government Code § 66016, the Council adopted a Resolution of Intent to amend the Master Fee Schedule and set a public hearing for August 21, 2023 (Resolution No. 090-2023); notice of the public hearing was duly provided; and the proposed Master Fee Schedule Fiscal Year 2023-24 August 21, 2023 Master Fee Schedule for fiscal year 2023-24 was posted to the City's web page at Master Fee Scharii ila DISCUSSION Below is a description of the proposed amendments to the Master Fee Schedule. The edits are noted in the proposed Master Fee Schedule in red type. Building Division Fee Section a. Pagel 1 —Cleaned up the language for "Temporary Power service pole" and remove the extra line with the wrong dollar amount. b. Page 16 — Added service category for "Recycling Deposits." c. Page 16 — Added service category for "Copy Research Services Fee." 2. Engineering Division Section a. Page 21 — Added service category for "Parklet Permit Fee." b. Page 21 — Added service category for "Parklet Cleaning Fee." c. Page 21 — Added service category for "Parklet Inspection Fee." 3. Finance Department Section a. Page 27 — Added service category for "Processing fee for exempted business licenses." b. Page 27 — Removed service category for "Special business license for long-term parking," since it is a tax and not a fee. 4. Parks and Recreation Fee Section a. Page 56 — Fixed the format issue for the service category "Wedding Ceremony." b. Page 58 — Removed "Temporary Facilities" in the service category "Senior discount — Burlingame residents age 65 and over." 5. Planning Division Fee Section a. Page 67 — Changed the wording from "less" to "fewer" under the "Signs" category. 6. Police Fee Section a. Page 71 — Added "flash drives." In addition, staff discovered a clerical error was made on page 68 of the fee schedule. The Public Facilities Impact Fee had inadvertently transposed the fees in the "Commercial" and "Office" columns. Staff made the correction in the Proposed Master Fee Schedule (see updated page 68). Staff is planning to hire a professional fee study company to conduct a thorough review of all the City's fees and present the results for the City Council's consideration in the spring of 2024. 2 Master Fee Schedule Fiscal Year 2023-24 August 21, 2023 FISCAL IMPACT Changes to the City's Master Fee schedule should result in some additional revenue during the fiscal year. However, the actual amounts are difficult to calculate because the use of some services is voluntary, and the volume/demand of each activity varies. Exhibits: • A Resolution of the City Council of the City of Burlingame to Amend the Master Fee Schedule for City Services • City of Burlingame Proposed Master Fee Schedule Wj RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING THE AMENDED FISCAL YEAR 2023-24 MASTER FEE SCHEDULE FOR CITY SERVICES WHEREAS, the City of Burlingame regularly reviews the fees that the City charges persons or entities for the use of City facilities, or the provision of City services; and WHEREAS, in order to ensure that the cost of such services and facilities is borne by the users of said services and facilities in a fair and equitable manner, the City periodically adjusts the fees for services and facility use to ensure that the fees charged reflect the actual costs to the City and the City's taxpayers in providing those services and facilities; and WHEREAS, in 2015, the City conducted an update of the City's Cost Allocation Plan (CAP) and a comprehensive review of the City's schedule of fees to ensure that the fees charged by the City to the users of City services and facilities do not exceed the actual costs of providing the services or facilities; and WHEREAS, these studies have since informed the annual review of the City fee schedule, resulting in numerous adjustments to ensure that the City recovers the full cost of providing services and facilities while at the same time not exceeding the cost of providing those services and facilities; and WHEREAS, the City Council has decided to keep some fees below the level of full cost recovery to make the related services more readily available to citizens; and WHEREAS, pursuant to Government Code section 6601, on July 5, 2023, the City Council set a public hearing for August 21, 2023, to consider the adjusted fees (Resolution No. 090-2023); and WHEREAS, notice of the City's proposed fee schedule and of the August 21, 2023, public hearing in connection therewith, has been duly provided pursuant to the provisions of State law; and WHEREAS, all adjusted fees as delineated in the Master Fee Schedule shall become effective August 21, 2023; and WHEREAS, despite every effort to ensure that all City fees for services are contained in the 2023-24 Master Fee Schedule, there may be some existing fees provided for in the Municipal Code, administrative procedures, or elsewhere that have been omitted from the Master Fee Schedule, and nothing in this resolution or Council action is intended to repeal those fees, nor is this resolution or Council action intended to affect in any way any taxes or assessments of any kind. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: 1. All of the facts and assertions recited above, in the staff report, and in supporting documentation are true and correct, and the Council relies upon same in adopting the Master Fee Schedule. 2. The City Council approves the 2023-24 Master Fee Schedule, attached hereto as Exhibit A and incorporated as if fully set forth herein. 3. The 2023-24 Master Fee Schedule shall become effective on August 21, 2023. Michael Brownrigg, Mayor I, Meagan Hassel -Shearer, City 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 21stday of August 2023, by the following vote to wit: AYES: Councilmembers NOES: Councilmembers: ABSENT: Councilmembers: Meagan Hassel -Shearer, City Clerk BU RLI N AMIE ,: i i. Y r O N 14 ] h City of Burlingame Master Fee Schedule EFFECTIVE ON AUGUST 21, 2023 BURL rNGAME for Fiscal Year 2023-24 Master Fee Schedule Table of Contents 1. City-wide Fees .......................................................................................................................... 1 2. Building Fees-------------------------------------------------------------------------------------------------------------------- 2 - 16 3. City Clerk and Elections Fees ............................................................................................... 17 4. Engineering Fees------------------------------------------------------------------------------------------------------------ 18 - 26 5. Finance Fees 27 6. Fire Fees - CCFD 28 - 38 7. Library Fees --------------------------------------------------------------------------------------------------------------------- 39 - 40 8. Parks and Recreation 41 - 60 ----------------------------------------------------------------------------------------------------- 9. Planning Fees ----------------------------------------------------------------------------------------------------------------- 61 - 70 10. Police Fees 71 - 75 ---------------------------------------------------------------------------------------------------------------------- 11. Sewer Fees 76 - 80 ---------------------------------------------------------------------------------------------------------------------- 12. Water Fees 81 - 87 ----------------------------------------------------------------------------------------------------------------------- 13. County Fees ---------------------------------------------------------------------------------------------------------------------------- 88 gLIRLINGAME Fiscal Year 2023-24 Master Fee Schedule CITY-WIDE FEES SERVICE REFERENCE FEE Returned Check Resolution No. 31-2003 $30.00 Copying of Routine Document Gov't Code § 6253(b) $0.25 per page (Copies of sizes other than 8- %" by 11" or 8 - %" by 14" or 11" by 17 or color copies will be charged at cost) To be paid in advance Copies of Reports/Statements Gov't Code § 81008 $0.10 per page filed pursuant to Political Reform Act Audio tape copies (except for Police) If blank tape supplied Resolution No. 32-2009 $18.00 per tape If no tape supplied Resolution No. 32-2009 $18.00 per tape plus purchase costs of tape Page 1 Fiscal Year 2023-24 Master Fee Schedule BUILDING SERVICE REFERENCE FEE BUILDING PERMIT FEES BASED ON TOTAL VALUATION $1.00 to $500.00 Resolution No. 27-2011 $37.00 $501.00 to $2,000.00 Resolution No. 27-2011 $37.00 for the first $500.00 plus $5.28 for each additional $100.00 or fraction thereof up to and including $2,000.00 $2,001.00 to $25,000.00 Resolution No. 27-2011 $116.00 for the first $2,000.00 plus $22.15 for each additional $1,000.00 or fraction thereof up to and including $25,000.00 $25,001.00 to $50,000.00 Resolution No. 27-2011 $625.00 for the first $25,000.00 plus $16.30 for each additional $1,000.00 or fraction thereof up to and including $50,000.00 $50,001.00 to $100,000.00 Resolution No. 27-2011 $1,032.00 for the first $50,000.00 plus $11.07 for each additional $1,000.00 or fraction thereof up to and including $100,000.00 Page 2 Fiscal Year 2023-24 Master Fee Schedule BUILDING SERVICE REFERENCE FEE $100,001.00 to $500,000.00 Resolution No. 27-2011 $1,585.00 for the first $100,000.00 plus $9.40 for each additional $1,000.00 or fraction thereof up to and including $500,000.00 $500,001.00 to $1,000,000.00 Resolution No 27-2011 $5,345.00 for the first $500,000.00 plus $8.57 for each additional $1,000.00 or fraction thereof up to and including $1,000,000.00 More than $1,000,000.00 Resolution No. 27-2011 $9,630.00 for the first $1,000,000.00 plus $5.80 for each additional $1,000.00 or fraction thereof OTHER BUILDING PERMIT FEES Building inspections outside Resolution No. 27-2011 $289.00 per hour normal business hours (minimum charge of 2 hours Re -inspection fees (minimum — one Resolution No. 27-2011 $289.00 per hour hour) Page 3 Fiscal Year 2023-24 Master Fee Schedule BUILDING SERVICE REFERENCE FEE General fire inspections for new Resolution No. 27-2011 Determined by CCFD — building and tenant remodels pass -through costs limited to building permits of commercial or multi -family residential PLAN REVIEW FEES Basic Fee — Building Division Resolution No. 104-2002 65% of Building Permit Fee Energy Plan Check Fee (where Resolution No. 104-2002 Additional 25% of applicable; includes review of Building Permit Fee Green Points Checklist) Disabled Access Plan Check Fee Resolution No. 104-2002 Additional 35% of (where applicable) Building Permit Fee Review of Request for Alternate Resolution No. 27-2011 $351.00 per hour Materials and Methods Review of Unreasonable Hardship Resolution No. 27-2011 $351.00 per hour Request Planning Department Plan Check Resolution No. 104-2002 Additional 25% of Fee (where applicable) Building Permit Fee Minimum fee of $84.00 Plan Revisions for Planning Resolution No. 27-2011 $351.00 per hour Department Page 4 Fiscal Year 2023-24 Master Fee Schedule BUILDING SERVICE REFERENCE FEE Plan Revisions Subsequent to Resolution No. 27-2011 $351.00 per hour plus Permit Issuance cost of any additional review Engineering Division Plan Review Resolution No. 104-2002 Additional 25% of (where applicable) Building Permit Fee Imaging Fee Resolution No. 104-2002 Additional 5% of Building Permit Fee with minimum fee of $5.00 Arborist Review Resolution No. 33-2008 $284.00 PLUMBING PERMIT FEES *These fees do not include connections fees, such as for sewer connections or water meter fees charged by other City departments nor any fees charged by public utility companies. For issuance of each plumbing Resolution No. 27-2011 $49.00 permit **The following items are in addition to the Basic Permit Issuance Fee: New Residential Building - Resolution No. 32-2009 $0.14 per square foot of including all plumbing fixtures, habitable area connections and gas outlets for new single- and multi -family buildings Page 5 Fiscal Year 2023-24 Master Fee Schedule BUILDING SERVICE REFERENCE FEE Fixtures and vents Resolution No. 27-2011 $21.00 For each plumbing fixture or trap (including water and waste piping and backflow prevention) Sewer and interceptors For each building sewer Resolution No 27-2011 $76.00 For each industrial waste Resolution No. 27-2011 $64.00 pretreatment interceptor (except kitchen -type grease traps) Water Piping and Water Heaters For installation alteration or repair of water piping or water -treatment Resolution No. 27-2011 $64.00 equipment For each water heater including vent Resolution No. 27-2011 $64.00 Gas Piping Systems For each gas piping system of one Resolution No. 27-2011 $42.00 to five outlets For each additional outlet over five Resolution No. 33-2008 $8.00 Page 6 Fiscal Year 2023-24 Master Fee Schedule BUILDING SERVICE REFERENCE FEE Irrigation Systems and Backflow Prevention Devices Irrigation systems including backflow device(s) Resolution No. 27-2011 $64.00 Other backflow prevention devices: 2 inches (50.8 mm) and smaller Resolution No. 27-2011 $64.00 Over 2 inches (50.8 mm) Resolution No. 27-2011 $67.00 Swimming Pools For each swimming pool or spa, all plumbing: Public pool Resolution No. 27-2011 $259.00 Public spa Resolution No. 27-2011 $195.00 Private pool Resolution No. 27-2011 $259.00 Private spa Resolution No. 27-2011 $195.00 Miscellaneous For each appliance or fixture for Resolution No. 27-2011 $42.00 which no fee is listed Inspections outside normal Resolution No. 27-2011 $289.00 per hour business hours (minimum charge of 2 hours) Re -inspection fees Resolution No. 27-2011 $289.00 per hour (minimum — one hour) Inspections for which no fee is Resolution No. 27-2011 $289.00 per hour specifically indicated (minimum charge is one-half hour) Page 7 Fiscal Year 2023-24 Master Fee Schedule BUILDING SERVICE REFERENCE FEE Imaging fee Resolution No. 32-2009 Additional 5% of plumbing permit fee with minimum fee of $5.00 Plan review (where applicable) Resolution No. 104-2002 Additional 25% of plumbing permit fee MECHANICAL PERMIT FEES *These fees do not include connections fees, such as for sewer connections or water meter fees charged by other City departments nor any fees charged by public utility companies Basic Permit Issuance Fee Resolution No. 27-2011 $49.00 For issuance of each mechanical permit" **The following items are in addition to the Basic Permit Issuance Fee: New Residential Building including Resolution No. 32-2009 $0.15 per square foot of all mechanical work including habitable area appliances, exhaust fans, ducts, and flues Furnaces To and including 100 MBTU Resolution No. 27-2011 $64.00 Over 100 MBTU Resolution No. 27-2011 $67.00 Boilers, compressors, absorption systems To and including 100 MBTU or 3HP Resolution No. 27-2011 $64.00 Over 100 MBTU or 3 HP Resolution No. 27-2011 $67.00 Page 8 Fiscal Year 2023-24 Master Fee Schedule BUILDING SERVICE REFERENCE FEE Air Conditioners Resolution No. 27-2011 $64.00 Air Handlers To 10,000 CFM including ducting Resolution No. 27-2011 $42.00 each Over 10,000 CFM Resolution No. 27-2011 $67.00 each Ventilation and Exhaust Each ventilation fan attached to a Resolution No. 27-2011 $21.00 each single duct Each hood including ducts Resolution No. 27-2011 $33.00 each Miscellaneous For each appliance or piece of Resolution No. 27-2011 $33.00 each equipment not specifically listed above Inspections outside normal Resolution No. 27-2011 $289.00 per hour business hours (minimum charge of 2 hours) Re -inspection fees Resolution No. 27-2011 $289.00 per hour (minimum charge is one hour) Inspections for which no fee is Resolution No. 27-2011 $289.00 per hour specifically indicated (minimum charge is one-half hour) Imaging fee Resolution No. 32-2009 Additional 5% of mechanical permit fee with minimum fee of $5.00 Page 9 Fiscal Year 2023-24 Master Fee Schedule BUILDING SERVICE REFERENCE FEE Plan review (where applicable) Resolution No. 104-2002 Additional 25% of mechanical permit fee ELECTRICAL PERMIT FEES *These fees do not include connections fees, such as for sewer connections or water meter fees charged by other City departments nor any fees charged by public utility companies **The following items are in addition to the Basic Permit Issuance Fee: For issuance of each electrical Resolution No. 27-2011 $49.00 permit" New Residential Building - Resolution No. 32-2009 $0.15 per square foot of including all wiring and electrical habitable area devices in or on each building, including service SYSTEM FEE SCHEDULE Swimming Pools Public swimming pools and spas Resolution No. 27-2011 $257.00 including all wiring and electrical equipment Private pools for single-family residences Resolution No. 27-2011 $198.00 Page 10 r- 5iJRif AMC' Fiscal Year 2023-24 Master Fee Schedule BUILDING SERVICE REFERENCE FEE Temporary Power Temporary power/service pole Resolution No. 27-2011 $67.00 including all attached receptacles and wiring for construction sites, Christmas tree lots, etc. UNIT FEE SCHEDULE Receptacle, switch and light outlets Resolution No. 27-2011 $63.00 First 20 units Each additional Resolution No. 32-2009 $4.00 Residential Appliances For fixed residential appliances Resolution No. 32-2009 $11.00 each including cook tops, ovens, air conditioning, garbage disposals, and similar devices not exceeding 1 HP in rating (For other types of air conditioners or other motor -driven appliances having larger ratings, see Power Apparatus below) Page 11 Fiscal Year 2023-24 Master Fee Schedule BUILDING SERVICE REFERENCE FEE Nonresidential Appliances Self-contained factory -wired non- Resolution No. 32-2009 $11.00 each residential appliances not exceeding 1 HP, KW, or kVA in rating including medical and dental devices; food, beverage and ice cream cabinets; illuminated showcases; drinking fountains; vending machines; laundry machines; etc. (For other types of devices having larger electrical ratings, see Power Apparatus below) Page 12 Fiscal Year 2023-24 Master Fee Schedule BUILDING SERVICE REFERENCE FEE Power Apparatus For motors, generators, air conditioners and heat pumps and commercial cooking devices as follows (ratings in horsepower, kilowatts, kilovolt -amperes, or kilovolt -amperes -reactive): Up to 10 Over 10 to and including 100 Resolution No 27-2011 $33.00 Over 100 Resolution No. 27-2011 $64.00 Notes: For equipment or appliances Resolution No. 27-2011 $128.00 having more than one motor, transformer, heater, etc., the sum of the combined ratings may be used. These fees include all switches, circuit breakers, contractors, thermostats, relays, and other related control equipment. Page 13 Fiscal Year 2023-24 Master Fee Schedule BUILDING SERVICE REFERENCE FEE Photo voltaic systems Residential systems Permit Resolution No. 32-2009 No Charge Plan Check Resolution No. 32-2009 No Charge Commercial Systems Permit Resolution No. 27-2011 $433.00 Plan Check Resolution No. 27-2011 $351.00 per hour Busways For trolleys and plug-in type Resolution No. 27-2011 $35.00 for each 100 feet busways (30,500 mm) or fraction thereof Signs, Outline Lighting and Marquees Permits Signs, outline lighting, or marquees Resolution No. 27-2011 $67.00 each supplied from one circuit For additional branch circuits within the same sign, outline Resolution No. 32-2009 $21.00 each lighting, or marquee Page 14 Fiscal Year 2023-24 Master Fee Schedule BUILDING SERVICE REFERENCE FEE Services 600 volts or less and not over 200 Resolution No. 27-2011 $67.00 each amperes in rating 600 volts or less, over 200 amperes Resolution No. 27-2011 $102.00 each to 1,000 amperes Over 600 volts or over 1,000 amperes Resolution No 27-2011 $136.00 each Miscellaneous For apparatus, conduits, and Resolution No. 27-2011 $42.00 conductors for which a permit is required but for which no fee is set forth Inspections outside normal Resolution No. 27-2011 $289.00 per hour business hours (minimum charge of 2 hours) Re -inspection fees Resolution No. 27-2011 $289.00 per hour (minimum charge is one hour) Inspections for which no fee is Resolution No 27-2011 $289.00 per hour specifically indicated (minimum charge is one-half hour) Imaging fee Resolution No. 32-2009 Additional 5% of electrical permit fee with minimum fee of $5.00 Plan review (where applicable) Resolution No. 104-2002 Additional 25% of electrical permit fee Page 15 r- 5iJRif AMC' Fiscal Year 2023-24 Master Fee Schedule BUILDING SERVICE REFERENCE FEE RECYCLING DEPOSITS Alteration of, and/or addition to, 1.5% of Job Value with a an existing structure, single family maximum deposit of $5,000 Alteration of, and/or addition to, 1.5% of Job Value with a an existing structure, other than a maximum deposit of single family $10,000 Construction of a new structure, 1.0% of Job Value with a single family maximum deposit of $10,000 Construction of a new structure, 1.0% of Job Value with a other than a single family maximum deposit of $50,000 Demolition of an entire structure $0.025/lb. of the estimated weight of the demolition debris GENERAL FEES Building Moving Resolution No. 32-2009 $432.00 (Section 18.07.030) General Plan and Title 25 Zoning Additional 0.005% of Ordinance Maintenance Fee Building Valuation Copy Research Services Fee $60.00 per designer Page 16 Fiscal Year 2023-24 Master Fee Schedule CITY CLERK & ELECTIONS SERVICE REFERENCE FEE Video recording of City Council Resolution No. 32-2009 $88.00 per VHS tape plus meeting or other proceeding that photo service charge has been video recorded — to be paid in advance of copying Resolution No. 32-2009 $88.00 per DVD plus recording photo service charge Audiotape of City Council meeting Resolution No. 32-2009 $17.00 per tape if tape is or other City proceeding that has supplied by requestor been taped — to be paid in advance of copying tape Resolution No. 32-2009 $17.00 per tape if tape is not supplied plus purchase cost of tape All Certifications Resolution No. 32-2009 $17.00 each Filing of Nomination Papers Burlingame Municipal $25.00 per candidate Code section 2.20.020 (Ordinance No. 1703 (2003) Page 17 Fiscal Year 2023-24 Master Fee Schedule ENGINEERING SERVICE REFERENCE FEE ENCROACHMENT PERMITS Work without the benefit of an Encroachment Permit will be double the permit fee. Minor (no excavation involved) $276.00 Sewer Lateral Test Resolution No. 32-2009 $493.00 — If fail, one time free retest Sewer Lateral Replacement (with Resolution No. 32-2009 $506.00 Sidewalk fee) Storm Service Connection (with $506.00 sidewalk fees) Water Service Connection (with Resolution No. 32-2009 $662.00 Sidewalk fee) Fire System Connection (with Resolution No. 32-2009 $662.00 Sidewalk Add No. 5) Sidewalk/Driveway up to 200 S.F. Resolution No. 32-2009 $477.00 plus $15.00 for (Includes Curb Drain) Sections each square foot over 200 12.10.030/12.08.020/ 12.04.030 *Fee waived for owners who undertake stand-alone sidewalk trip hazard repairs (Section 12.12.070) Sidewalk Closure/Pedestrian Resolution No. 32-2009 $476.00 per review Protection Traffic Control Resolution No. 33-2008 $388.00 per review Block Party (includes up to 6 Resolution No. 27-2006 $64.00 plus $5.00 for each barricades) add'I barricade over 6 Page 18 Fiscal Year 2023-24 Master Fee Schedule ENGINEERING SERVICE REFERENCE FEE Commercial Areas and $246.00 plus $12.00 space Construction Purposes (i.e. per day or meter rates Dumpsters/Containers) Moving Only Purposes (Residential $39.00 processing fee plus Areas) $12.00 per space per day Page 19 Fiscal Year 2023-24 Master Fee Schedule ENGINEERING SERVICE REFERENCE FEE GENERAL FEES Demolition Permit (in addition to Resolution No. 32-2009 $1,820.00 any Building Department -issued Demolition or Construction Permit) Includes sewer, water and sidewalk replacement Add fire line Resolution No. 32-2009 $97.00 Add curb drain Resolution No. 32-2009 $260.00 Add sidewalk closure Resolution No. 32-2009 $260.00 Add PG&E Resolution No. 32-2009 $260.00 Address Change Resolution No. 32-2009 $378.00 Single Trip -Transportation Fee Senate Bill SB 372 $16.00 (Fixed rate set by Caltrans) Leaf Blower Testing Certification Ord. No. 1871 (2012) $39.00 for up to 5 leaf Fee blowers $5.00 for certification decal if certified by manufacturer Page 20 BU RLINCaAME Fiscal Year 2023-24 Master Fee Schedule ENGINEERING SERVICE REFERENCE FEE Creek Enclosures Resolution No. 32-2009 Section 18.24.020 $3,528.00 Abandonment of Public Utility Easement $5,785.00 Hauling Permit Section 13.60.120 $282.00 application fee plus $1.00 per ton per mile from project site to HWY Inspection/Investigation Fee Section 12.10.070 $276.00 per hour Parklet Permit Fee $1,590 per year* Parklet Cleaning Fee $265 per month* Parklet Inspection Fee $736 per quarter* & ** *Bay Area Consumer Price Index (CPI) adjustment from October 2022 to October 2023 will be applied to the rates effective on January 1, 2024 '*The fee may vary based on required reinspection by the respective departments Page 21 Fiscal Year 2023-24 Master Fee Schedule ENGINEERING SPECIAL ENCROACHMENT PERMITS Subsurface Shoring Systems that encroach into the public right-of- way • Per 10'-20' deep tieback $2,000.00 each • Per >20' deep tieback $1,000.00 each • For permanent area used 50% of appraised land (i.e. shoring wall) value per square foot (sf) multiplied by the area (sf) of encroachment Permanent structures, such as Resolution No. 32-2009 $3,068.00 retaining walls, fences Section 12.10.020 Non -permanent installations, such Resolution No. 32-2009 $1,801.00 as tables, chairs, planters Section 12.10.020 DEPOSITS OR BONDS FOR ENCROACHMENT PERMIT WORK Openings in Public Right -of -Way Resolution No. 33-2007 $1,000.00 Minimum (in (not in sidewalk or street) easement area) $15.00/sf for area excavated Openings in Public Right -of -Way in Resolution No. 33-2007 $35.00 per square foot in sidewalk (not in street) sidewalk area, $1,000.00 minimum Street Roadway Opening (AC Resolution No. 33-2007 $20.00 per square foot in Pavement Restoration) Section 12.10.025 paved area, $2,500.00 minimum including curb replacement Page 22 Fiscal Year 2023-24 Master Fee Schedule ENGINEERING Water Main Modification Resolution No. 33-2007 $12,000.00 per connection (refundable bond) Sewer Main & Storm Drain Resolution No. 33-2007 $12,000.00 per connection Modification (refundable bond) Street Lighting $20,000.00 per street light SUBDIVISION MAPS Lot Line Adjustment Resolution No. 32-2009 $3,097.00 (application fee) (Section 26.24.090) + actual City consultant costs Lot Combination Resolution No. 32-2009 $3,097.00 (application fee) Section 26.24.090 + actual City consultant costs Subdivision Map Resolution No. 32-2009 $4,597.00 plus deposit, plus Sections 26.24.090/ $280.00 for each additional 26.16.151 lot in excess of 5 lots; plus, actual City consultant costs City Benchmark Maintenance Applies to development $4,000 per map action projects that require a (parcel or final map) map action by Council Page 23 Fiscal Year 2023-24 Master Fee Schedule ENGINEERING Condominium Map Resolution No. 32-2009 $3,739.00, plus $703.00 for Sections 26.24.090/ each additional unit over 4 26.16.151 units, plus actual City consultant costs STORMWATER POLLUTION PREVENTION CONSTRUCTION PERMITS ** The fees represent the labor cost to inspect and security deposit Type 1 Project: Single family $212.00 plus $1,500.00 dwellings with 1' or 2nd floor security deposit additions on a 10,000 sf lot or smaller Type 2 Project: Multi -family $423.00 plus $5,000.00 dwellings or commercial additions security deposit (excluding tenant improvements) that are on a 10,000 sf lot or smaller Type 3 Project: Any project 10,000 $848.00 plus $15,000.00 sf up to an acre lot security deposit Page 24 Fiscal Year 2023-24 Master Fee Schedule ENGINEERING Type 4 Project: Any project greater $1,695.00 plus $30,000 than one acre in size security deposit WIRELESS COMMUNICATION FACILITIES Review of Wireless Permit Resolution 092-2021 $1,000 deposit per location Applications Fee based on actual charges against the deposit. Charges will include staff time for permit review, processing and inspections calculated at hourly rates plus actual consultant costs, if any Wireless Permit Application Appeal Resolution 092-2021 $632.00 Fee PLANNING APPLICATION REVIEWS Single Family Dwelling (Addition) $551.00 Single Family Dwelling (New) $1,100.00 Page 25 Fiscal Year 2023-24 Master Fee Schedule ENGINEERING Multi -family $2,198.00 Commercial/Industrial (New) $2,198.00 Commercial/Industrial (Remodel/Addition) $523.00 Environmental Review $1,770.00 Traffic and Parking Studies $4,177.00 GRADING PERMIT 1-100 cubic yards $1,484.00 101-1,000 cubic yards $2,240.00 1,001-10,000 cubic yards $2,619.00 Over 10,000 cubic yards $3,563.00 ENVIRONMENTAL COMPLIANCE Stormwater Inspection for Industrial/Commercial Facilities $162.00 per hour Page 26 r- 5iJRif AMC' Fiscal Year 2023-24 Master Fee Schedule FINANCE SERVICE REFERENCE CURRENT FEE Duplicate business license Section 6.04.120 $10.00 Application for first business Section 6.04.170 $35.00 license Processing fee for exempted Section 6.04.240 $15.00* business licenses Submittal of surety bond for Resolution No. 27-2006 $150.00 for every 15 days transient occupancy after bond is late expiration of bond SpeGiai bu-sine-s-s iorP-Ase fee leng to Fk4 c cti n 6 n4 QRS 5% of ,teress , pts Short Term Residential Rental Resolution 142-2020 Zoning Permit Application Fees: Section 6.56 Initial Short Term Residential $200.00 Rental Registration Fee Renewal Fee $100.00 Sidewalk Vending Permit Section 6.25 $100.00 *Fees will be increased as of January 1st of each calendar year by an annual Consumer Price Index and not to exceed a maximum increase of 4% per year proposed by the City's Business License tax operation management services provider — Hinderliter De Llamas & Associates (HdL). Page 27 Fiscal Year 2023-24 Master Fee Schedule FIRE FEES - CENTRAL COUNTY FIRE DEPARTMENT The Central County Fire Department (CCFD) is governed by the Fire Board, and as such, its fees are enacted via a process that is separate from that of the City of Burlingame. The following fees were adopted, and approved as of July 1, 2021. SERVICE REFERENCE FEE CARE FACILITIES INSPECTION Pre -inspection of licensed community care facility Health & Safety Code § 13235 $190.00 per hour Residential Care Facility for Elderly serving 6 or fewer persons — fire inspection enforcement Health & Safety Code § 1569.84 No Charge Residential Care Facilities Resolution No. 33-2008 $381.00 Large Family Day Care Resolution No. 33-2008 $111.00 Skilled Nursing Facility Resolution No. 33-2008 $741.00 Hospital/Institution Resolution No. 33-2008 $3,621.00 RE -INSPECTIONS Second re -inspection Resolution No. 33-2008 $126.00 per inspection Third and subsequent re -inspections Resolution No. 33-2008 $157.00 per inspection Page 28 Fiscal Year 2023-24 Master Fee Schedule FIRE FEES - CENTRAL COUNTY FIRE DEPARTMENT SERVICE REFERENCE FEE CONSTRUCTION FEES General Fire & Life Safety Services 12% of Building Permit fees • Consultation & Research for Commercial and Multi- • Pre -application meetings & Family Residential Design Review • Property Survey • General Construction Inspections • Processing, Scheduling, and Record Keeping Building or Planning Plan Check Resolution No. 33-2008 $224.00 per hour Expedite Building or Planning Resolution No. 33-2008 $412.00 per hour Check Fees (2 hour minimum) Consultation and Planning Resolution No. 33-2008 $302.00 per hour Alternate Means of Protection Resolution No. 33-2008 $423.00 per hour Review Additional Construction Inspection New $185.00 per hour (all permits) (per hour) Page 29 Fiscal Year 2023-24 Master Fee Schedule FIRE FEES - CENTRAL COUNTY FIRE DEPARTMENT SERVICE REFERENCE FEE Fire Alarm Systems Permit for Monitoring System Resolution No. 33-2008 $228.00 Permit for Manual System Resolution No. 33-2008 $228.00 Permit for Automatic System Resolution No. 33-2008 $408.00 Permit for Combination System Resolution No. 33-2008 $588.00 Multi -Residential or Commercial $228.00 Fire Alarm System remodel or extension Multi -Residential or Commercial $183.00 Minor Fire Alarm Remodel or Repair (Device relocation/adjustment) Emergency Responder Radio §510, CFC $465.00 Coverage System Permit Title 24 Part 9 Fixed Fire Extinguishing System Resolution No. 33-2008 $318.00 Permit Standpipe System Permit Resolution No. 33-2008 $408.00 Page 30 Fiscal Year 2023-24 Master Fee Schedule FIRE FEES - CENTRAL COUNTY FIRE DEPARTMENT SERVICE REFERENCE FEE Storage Tank (above or below Resolution No. 33-2008 $228.00 ground) Permit SPRINKLER SYSTEMS One or two Family Dwelling Fire Resolution No. 33-2008 $588.00 - flat fee including Sprinkler System (NFPA 13D) 2 inspections (additional inspections will be charged at the hourly rate of the staff who actually perform each inspection) Fire Pump Permit Resolution No. 33-2008 $228.00 Multi -Residential or Commercial Resolution No. 33-2008 $948.00 flat fee including 2 Fire Sprinkler System (NFPA 13 or inspections (additional 13R) inspections will be charged at the hourly rate of the Permit — Single Story (incl. T.I.) staff who actually perform each inspection) Permit - Multi -story Multi -Residential or Commercial Resolution No. 33-2008 $273.00 Fire sprinkler system remodel or extension Page 31 Fiscal Year 2023-24 Master Fee Schedule FIRE FEES - CENTRAL COUNTY FIRE DEPARTMENT SERVICE REFERENCE FEE Multi -Residential or Commercial Resolution No. 33-2008 $183.00 Fire sprinkler minor Remodel & Repair (Sprinkler Head relocation/adjustment only) Underground Fire Service Line $408.00 Permit Fire Flow Information Processing $39.00 plus individual city fees MISCELLANEOUS FEES AND PERMITS Labor Rate for Mechanic Services $125.00 Community CPR/AED Class $40.00 Resident $50.00 Non -Resident Change of Use Inspection (usually Resolution No. 33-2008 $158.00 triggered by new business license) Accounts referred to Collection +47% of original invoice Agencies Photographs from investigations Resolution No. 61-2004 Cost of reproduction Photocopies New $1.00 plus 20 cents/page Fire Incident Reports (not including Resolution No. 33-2008 $15.00 photographs) Non -Sufficient Funds I Returned New As charged by Bank Check Fee Page 32 Fiscal Year 2023-24 Master Fee Schedule FIRE FEES - CENTRAL COUNTY FIRE DEPARTMENT SERVICE REFERENCE FEE Work without a construction Resolution No. 33-2008 Up to 10 times the permit permit fees Emergency Response Costs for Govt. Code §53150-58 Costs according to Driving under the Influence (Billing Personnel Schedule below upon conviction) plus apparatus cost of $140.00 per hour as set by State False Alarms Resolution No. 33-2007 $540.00 for 3 to 5 $1,080.00 for 6 or more Wildland-Urban Interface (WUI) $200.00 Inspection Change of Use Inspection (Usually $155.00 trigged by new business license) Hazardous Materials Clean- Resolution No. 33-2008 Costs according to up/Response Personnel Schedule below plus apparatus costs of $140.00 per hour as set by State Page 33 B1J RLIMIC.AME Fiscal Year 2023-24 Master Fee Schedule FIRE FEES - CENTRAL COUNTY FIRE DEPARTMENT STANDBY SERVICE Firefighter Resolution No. 33-2008 $127.00 per hour (minimum of 3 hours) Fire Captain Resolution No. 33-2008 $146.00 per hour (minimum of 3 hours) Battalion Chief Resolution No. 33-2008 $168.00 per hour (minimum of 3 hours) Engine Company Resolution No. 33-2008 $480.00 per hour (minimum of 3 hours) plus apparatus costs of $141.96 per hour as set by State PERSONNEL COSTS Personnel Costs by Job Class Resolution No. 33-2008 Administration $ 73.00 per hour Firefighter $127.00 per hour Fire Captain $146.00 per hour Fire Prevention Specialist $ 90.00 per hour Fire Inspector $180.00 per hour Deputy Fire Marshal $190.00 per hour Battalion Chief $168.00 per hour Division Chief or Fire Marshal $232.00 per hour Deputy Fire Chief Fire Chief $238.00 per hour $289.00 per hour Page 34 Fiscal Year 2023-24 Master Fee Schedule FIRE FEES - CENTRAL COUNTY FIRE DEPARTMENT GENERAL PERMITS Aerosol Products Resolution No. 33-2008 $206.00 Amusement Buildings Resolution No. 33-2008 $341.00 Apartments, Hotels and Motels — 10 or less units Resolution No. 33-2008 $161.00 Apartments, Hotels and Motels — 11 to 25 units Resolution No. 33-2008 $184.00 Apartments, Hotels and Motels — 26 or 100 units Resolution No. 33-2008 $206.00 Apartments, Hotels and Motels — 101 or 300 units New $356.00 Apartments, Hotels and Motels — 301 or more units New $446.00 Apartments Assigned to Prevention $116.00 Aviation Facilities Resolution No. 33-2008 $611.00 Battery System Resolution No. 33-2008 $611.00 Carnivals and Fairs Resolution No. 33-2008 $341.00 Christmas Tree Lot Resolution No. 33-2008 $341.00 Combustible Fiber Storage Resolution No. 33-2007 $341.00 Combustible Material Storage Resolution No. 33-2008 $341.00 Commercial Occupancy Assigned to Prevention Resolution No. 33-2008 $116.00 Page 35 Fiscal Year 2023-24 Master Fee Schedule FIRE FEES - CENTRAL COUNTY FIRE DEPARTMENT Commercial Rubbish -Handling Operation Resolution No. 33-2008 $341.00 Compressed Gases Resolution No. 33-2008 $341.00 Cryogens Resolution No. 33-2008 $341.00 Dry Cleaning Plants Resolution No. 33-2008 $341.00 Dust -Producing Operations Resolution No. 33-2008 $341.00 Exhibits & Trade Shows — Display Booth Resolution No. 33-2008 $341.00 Exhibits & Trade Shows — With Open Flame Resolution No. 33-2008 $341.00 Exhibits & Trade Shows — Display Fuel Powered Equipment Resolution No. 33-2008 $341.00 Explosives or Blasting Agents Resolution No. 33-2008 $611.00 Fire Hydrants and Water Control Valves Resolution No. 33-2008 $336.00 Fireworks Resolution No. 33-2008 $611.00 Flammable or Combustible Liquids Resolution No. 33-2008 $611.00 Hazardous Materials Resolution No. 33-2008 $611.00 High -Piled Combustible Storage — 20,000 square feet or less Resolution No. 33-2008 $621.00 High -Piled Combustible Storage — more than 20,000 square feet Resolution No. 33-2008 $711.00 Highrise H&S§13214(b) $636.00 Page 36 Fiscal Year 2023-24 Master Fee Schedule FIRE FEES - CENTRAL COUNTY FIRE DEPARTMENT Hot -Work Operations Resolution No. 33-2008 $341.00 Liquefied Petroleum Gasses Resolution No. 33-2008 $611.00 Liquid- or gas -fueled Vehicles or Equipment in Assembly Buildings Resolution No. 33-2008 $611.00 Live Audiences Resolution No. 33-2008 $611.00 Lumber Yards storing in excess of 100,000 board Feet Resolution No. 33-2008 $476.00 Magnesium Working Resolution No. 33-2008 $341.00 Motor Vehicle Fuel -Dispensing Stations Resolution No. 33-2008 $341.00 Open Burning Resolution No. 33-2008 $341.00 Organic Coating Resolution No. 33-2008 $341.00 Ovens, Industrial Baking and Drying Resolution No. 33-2008 $341.00 Parade Floats Resolution No. 33-2008 $341.00 Places of Assembly Resolution No. 33-2008 $566.00 Production Facilities Resolution No. 33-2008 $566.00 Pyrotechnical and Special Effects Material Resolution No. 33-2008 $611.00 Radioactive Materials Resolution No. 33-2008 $341.00 Refrigeration Equipment Resolution No. 33-2008 $476.00 Repair Garage Resolution No. 33-2008 $341.00 Page 37 Fiscal Year 2023-24 Master Fee Schedule FIRE FEES - CENTRAL COUNTY FIRE DEPARTMENT Spraying and Dipping Resolution No. 33-2008 $341.00 Tents, Canopies, and Temporary Membrane Structures Resolution No. 33-2008 $516.00 Tire Storage Resolution No. 33-2008 $341.00 Wood Products Resolution No. 33-2008 $341.00 Page 38 BU RLINCaAME Fiscal Year 2023-24 Master Fee Schedule LIBRARY SERVICE REFERENCE FEE CITY OF BURLINGAME FEES Photocopies — Black and White $0.15 per page at vending machine Photocopies - Color $0.45 per page at vending machine Internet /Database copies or Resolution No. 27-2011 First 3 pages free printouts — Black and White $0.15 per page Internet /Database copies or Resolution No. 27-2011 First page free $0.45 per printouts — Color page Page 39 Fiscal Year 2023-24 Master Fee Schedule LIBRARY SERVICE REFERENCE FEE Facilities Rental Lane Community Room rental Resolution No. 32-2009 $130.00 Tech Media Lab rental $90.00 first 4 hours. $10.00 each additional hour Laptop set-up/breakdown $50.00 flat fee U.L. Meeting Room rental $70.00 first 4 hours. $10.00 each additional hour Outside System Book Loan Resolution No. 27-2011 $5.00 + additional fee from lending library if applicable Photo/filming fee (only for shoots $50.00/hour requiring staff oversight during closed hours) PENINSULA LIBRARY SYSTEM CONSORTIUM CONTROLLED FEES Lost Book Replacement Fee Peninsula Library System Costs of replacement of item Page 40 B1J RLIMIC.AME Fiscal Year 2023-24 Master Fee Schedule PARKS & RECREATION Group Classifications for Purposes of Parks & Recreation Facilities Usage: Group A: City of Burlingame, Burlingame School District Group A-1: Recognized & validated Burlingame based non-profit youth sports groups (for field use & Board meetings only) Group B: Non-profit groups or organizations with IRS Section 501c(3) tax exempt status Group C: Private parties, commercial, business, and profit -making organizations School District Fees: Fees shall be applied to the district and affiliated organizations (examples: PTA, Boosters, Foundations) as follows: A. San Mateo Union High School District a. Unless otherwise specified in an adopted facility use agreement, indoor and athletic facility fees shall be calculated administratively to be comparable to the SMUHSD fee schedule as it pertains to City use of similar SMUHSD facilities. b. Picnic and special park facility fees, and staffing fees charged to SMUHSD shall be at the rates described in other sections of the fee schedule. B. Burlingame School District a. Unless otherwise specified in an adopted facility use agreement, indoor and athletic facility fees shall be calculated administratively to be comparable to the BSD fee schedule as it pertains to City use of similar BSD facilities. b. Picnic and special park facility fees, and staffing fees charged to BSD shall be at the rates described in other sections of the fee schedule. Pool fees for BSD use shall be charged at the non-profit rate. Page 41 Fiscal Year 2023-24 Master Fee Schedule PARKS & RECREATION SERVICE REFERENCE FEE INDOOR FACILTIES Burlingame Based Non -Profit Board Meeting $42.00 per hour Community Hall Sequoia Room - Whole Group A: Burlingame Residents No Charge Non -Residents No Charge Group B: Monday — Thursday Burlingame Residents $190.00 per hour Non -Residents $227.00 per hour Friday — Sunday Burlingame Residents $265.00 per hour Non -Residents $318.00 per hour Group C: Monday — Thursday Burlingame Residents $315.00 per hour Non -Residents $378.00 per hour Page 42 Fiscal Year 2023-24 Master Fee Schedule PARKS & RECREATION SERVICE REFERENCE FEE Friday — Sunday Burlingame Residents $441.00 per hour Non -Residents $529.00 per hour Deposits: Burlingame Residents $1,000.00 per event Non -Residents $1,000.00 per event Large Rooms Elm Meeting Room (Whole), Maker's Space, Maple Meeting Room, Grand Oak Lounge, Kids Town, STEAM Lab, Fine Arts Studio. Group A: Burlingame Residents No Charge Non -Residents No Charge Group B: Burlingame Residents $108.00 per hour Non -Residents $130.00 per hour Group C: Burlingame Residents $180.00 per hour Non -Residents $216.00 per hour Page 43 Fiscal Year 2023-24 Master Fee Schedule PARKS & RECREATION SERVICE REFERENCE FEE Deposits: Burlingame Residents $500.00 Non -Residents $500.00 Sequoia A or B Group A: Burlingame Residents No Charge Non -Residents No Charge Group B: Burlingame Residents $180.00 per hour Non -Residents $216.00 per hour Group C: Burlingame Residents $300.00 per hour Non -Residents $360.00 per hour Deposits: Burlingame Residents $500.00 per event Non -Residents $500.00 per event Medium Rooms Magnolia Meeting Room, Dance/Fitness Studio, Kitchen, Teen Scene, Elm Meeting Room A or B, Musical Arts Room. Page 44 Fiscal Year 2023-24 Master Fee Schedule PARKS & RECREATION SERVICE REFERENCE FEE Group A: Burlingame Residents No Charge Non -Residents No Charge Group B: Burlingame Residents $96.00 per hour Non -Residents $115.00 per hour Group C: Burlingame Residents $160.00 per hour Non -Residents $192.00 per hour Deposits: Burlingame Residents $500.00 Non -Residents $500.00 In conjunction with Community Hall/Sequoia Room Rental Additional Rental Charges: Tables/Chairs-up to 50 Resolution No. 33-2008 $21.00 Tables/Charis-51 to 100 Resolution No. 33-2008 $31.00 Tables/Chairs-over 100 Resolution No. 33-2008 $47.00 Page 45 Fiscal Year 2023-24 Master Fee Schedule PARKS & RECREATION SERVICE REFERENCE FEE Dance Floor $105 per event Building Attendant* Resolution No. 33-2008 $42.00 per hour Second Building Attendant $42.00 per hour (Over 150 guests) Custodian (4 hours) $160 per event Extra, Non -Scheduled Hours Resolution No. 27-2006 2x's the hourly room rental rate OUTDOOR FACILITIES Field Attendant Resolution No. 41-2008 $45.00 per hour Large Special Event Deposit for Athletic Fields: Less than 100 in attendance $281.00 per event More than 100 in attendance $562.00 per event Group A-1: Validated Field Use Resolution No. 27-2011 $20.00 per Resident per Season by Burlingame- $90.00 per Non -Resident based non-profit youth sports plus $3.00 per hour per group. field for Resident groups, $12 .00 per hour per field for groups less than 50% Resident Page 46 Fiscal Year 2023-24 Master Fee Schedule PARKS & RECREATION SERVICE REFERENCE FEE Fields used by Validated Security Deposit $500.00 Burlingame -based non-profit youth sports groups Bayside Ball Fields #1 and #2 Resolution No. 31-2003 No Charge Group A Group B: Burlingame Residents Resolution No. 61-2006 $26.00 per hour Non-residents Resolution No. 33-2008 $38.00 per hour Group C: Burlingame Residents Resolution No. 31-2003 $38.00 per hour Non-residents Resolution No. 33-2008 $62.00 per hour Bayside Field Lights Resolution No. 24-2010 $43.00 per hour Bayside Ball Fields #3,#4 or #5 for Softball or Baseball Group A Resolution No. 31-2003 No Charge Group B Burlingame Residents Resolution No. 61-2006 $22.00 per hour Non-residents Resolution No. 33-2008 $33.00 per hour Page 47 Fiscal Year 2023-24 Master Fee Schedule PARKS & RECREATION SERVICE REFERENCE FEE Group C Burlingame Residents Resolution No. 61-2006 $33.00 per hour Non-residents Resolution No. 33-2008 $49.00 per hour Bayside Field Lights Resolution No. 24-2010 $43.00 per hour Bayside Soccer Fields Group A Resolution No. 31-2003 No Charge Group B: Burlingame Residents Resolution No. 61-2006 $26.00 per hour Non-residents Resolution No. 33-2008 $38.00 per hour Group C: Burlingame Residents Resolution No. 61-2006 $38.00 per hour Non-residents Resolution No. 33-2008 $62.00 per hour Bayside Field Lights Resolution No. 24-2010 $43.00 per hour Cuernavaca Park Group A Resolution No. 31-2003 No Charge Group B: Burlingame Residents Resolution No. 61-2006 $26.00 per hour Page 48 Fiscal Year 2023-24 Master Fee Schedule PARKS & RECREATION SERVICE REFERENCE FEE Non-residents Resolution No. 33-2008 $38.00 per hour Group C: Burlingame Residents Resolution No. 31-2003 $38.00 per hour Non-residents Resolution No. 33-2008 $62.00 per hour Murray Field Group A Resolution No. 31-2003 No Charge Group B: Burlingame Residents Resolution No. 61-2006 $66.00 per hour Non-residents Resolution No. 33-2008 $90.00 per hour Group C: Burlingame Residents Resolution No. 61-2006 $90.00 per hour Non-residents Resolution No. 33-2008 $114.00 per hour Murray Field Lights Resolution No. 24-2010 $43.00 per hour Ray Park Ball Fields #1 or #2 Resolution No. 31-2003 No Charge Group A Group B: Burlingame Residents Resolution No. 61-2006 $26.00 per hour Page 49 Fiscal Year 2023-24 Master Fee Schedule PARKS & RECREATION SERVICE REFERENCE FEE Non-residents Resolution No. 33-2008 $38.00 per hour Group C: Burlingame Residents Resolution No. 31-2003 $38.00 per hour Non-residents Resolution No. 33-2008 $62.00 per hour Washington Park Main Ball Field for Baseball Group A Resolution No. 41-2008 No Charge Group B: Burlingame Residents Resolution No. 41-2008 $38.00 per hour Non-residents Resolution No. 41-2008 $62.00 per hour Group C: Burlingame Residents Resolution No. 41-2008 $62.00 per hour Non-residents Resolution No. 41-2008 $86.00 per hour Washington Park Lights Resolution No. 24-2010 $43.00 per hour Grandstands $22.00 per hour + Field attendant $168.00 cleaning fee Page 50 Fiscal Year 2023-24 Master Fee Schedule PARKS & RECREATION SERVICE REFERENCE FEE Washington Park Bullpen Group A Resolution No. 31-2003 No Charge Group B: Burlingame Residents Resolution No. 61-2006 $20.00 per hour Non-residents Resolution No. 61-2006 $26.00 per hour Group C: Burlingame Residents Resolution No. 33-2007 $38.00 per hour Non-residents Resolution No. 33-2008 $49.00 per hour Washington Park Main Ball field Outfield for Soccer Group A Resolution No. 31-2003 No Charge Group B: Burlingame Residents Resolution No. 61-2006 $38.00 per hour Non-residents Resolution No. 33-2008 $62.00 per hour Group C: Burlingame Residents Resolution No. 61-2006 $62.00 per hour Non-residents Resolution No. 33-2008 $87.00 per hour Washington Park Lights Resolution No. 24-2010 $43.00 per hour Page 51 Fiscal Year 2023-24 Master Fee Schedule PARKS & RECREATION SERVICE REFERENCE FEE Washington Park Small Ball Field Group A Resolution No. 31-2003 No Charge Group B: Burlingame Residents Resolution No. 61-2006 $20.00 per hour Non-residents Resolution No. 33-2008 $33.00 per hour Group C: Burlingame Residents Resolution No. 61-2006 $33.00 per hour Non-residents Resolution No. 33-2008 $49.00 per hour Washington Small Lights Resolution No. 24-2010 $43.00 per hour Tennis Courts USTA Tournaments Burlingame Residents Resolution No. 31-2003 $40.00 per hour Non-residents Resolution No. 61-2006 $65.00 per hour For Profit Rental Burlingame Residents Resolution No. 103-2009 $24.00 per hour Non-residents Resolution No. 103-2009 $28.00 per hour Page 52 Fiscal Year 2023-24 Master Fee Schedule PARKS & RECREATION SERVICE REFERENCE FEE PICNIC PERMITS West -end of Washington Park Resolution No. 27-2011 $515.00 Permit Fee (for Burlingame residents and $500.00 Deposit non-profit groups only) Electrical Service Hook-up at Resolution No. 32-2009 $91.00 West -end of Washington Park Oak Tree Playground Picnic Area Burlingame Residents $192.00 Permit Fee No Deposit Non -Residents $230.00 Permit Fee No Deposit Redwood Grove Picnic Area Burlingame Residents Resolution No. 24-2010 $251.00 Permit Fee No Deposit Non -Residents Resolution No. 24-2010 $315.00 Permit Fee No Deposit Non-profit Group Picnic Fees: Resolution No. 103-2009 $120.00 Permit Fee Cuernavaca & Ray Parks No Deposit Both Washington Park Picnic Areas (Redwood Grove +Oak Tree) Burlingame Residents $355.00 Permit Fee No Deposit Page 53 Fiscal Year 2023-24 Master Fee Schedule PARKS & RECREATION SERVICE REFERENCE FEE Non -Residents $461.00 Permit Fee No Deposit Olive Tree Picnic Area Burlingame Residents $127.00 Permit Fee No Deposit Non -Residents $170.00 Permit Fee No Deposit Washington Park Sports Court Washington Park Basketball $19.00 per hour Court Rental of Pickleball Net $100 fee if returned damaged. $200 fee if returned beyond repair Washington Park Bocce Ball Courts (reservations) Burlingame Residents Resolution 34-2013 $32.00/hour per court No Deposit Non -Residents $37.00/hour per court No Deposit Rental of Bocce Ball and Resolution 34-2013 $11.00 Flat Rate + $40.00 Horseshoes Refundable deposit Page 54 Fiscal Year 2023-24 Master Fee Schedule PARKS & RECREATION SERVICE REFERENCE FEE Washington Park Horseshoe Pits (reservations) Burlingame Residents Resolution 34-2013 $32.00/hour per court No Deposit Non -Residents Resolution 34-2013 $37.00/hour per court No Deposit Rental of Park Space for Private Classes (Exercise Boot Camps, Stroller Exercise Classes & Other Private Uses) Burlingame residents Resolution No. 103-2009 $22.00 per hour Non-residents Resolution No. 103-2009 $26.00 per hour Village Park Picnic Fee (3 tables Burlingame residents Resolution 24-2010 $126.00 Permit Fee No Deposit Non-residents Resolution 24-2010 $170.00 Permit Fee No Deposit Offsite: Non -Profit Community Resolution No. 32-2009 $21.00 per table/per day Groups Equipment Rental Fees Collapsible Picnic Table Tables $6.00 per table/per day Page 55 r- 5iJRif AMC' Fiscal Year 2023-24 Master Fee Schedule PARKS & RECREATION SERVICE REFERENCE FEE Chairs $3.00 per chair/per day Tents $26.00 per tent/per day Inflatable Jump House Washington Park Resolution No. 27-2011 $126.00 Permit Fee No Deposit (Must be done in conjunction with a picnic permit) Wedding Ceremony Washington Park Rose Garden Resolution No. 27-2011 Burlingame Residents $126.00 Non -Residents $190.00 Washington Park Anson Burlingame Portals Burlingame Residents $126.00 Non -Residents $190.00 With Facility Rental $63.00 $126.00 Page 56 Fiscal Year 2023-24 Master Fee Schedule PARKS & RECREATION SERVICE REFERENCE FEE Photo Shoots in Parks Application Fee Resolution No. 27-2011 $62.00 non-refundable fee Rental Fee Per Day Resolution No. 27-2011 $157.00 per day Student Photo Shoot No Charge Film Shoot in Parks Application Fee $360.00 non-refundable fee Commercial or Corporate $503.00 per day Feature Film/Documentary $755.00 per day Community Garden Annual Fee Burlingame Residents $100/year per plot Non -Residents $115/year per plot Deposit $100 deposit Brochure Ads Resolution No. 27-2011 1 issue/3 issues (1 year - 20% Discount) 1/8 page $87.00/$281.00 1/4 page $175.00/$558.00 Page 57 B1J RLIMIC.AME Fiscal Year 2023-24 Master Fee Schedule PARKS & RECREATION SERVICE REFERENCE FEE 1/2 page $351.00/$1,124.00 Full page $701.00/$2,243.00 Full Page Inside Front Cover $945.00/$3,022.00 Full Page Inside Back Cover $881.00/$2,820.00 Full Page Back Cover $1,050.00/$3,360.00 Layout $90.00 per hour Discount for Non -Profits 25% resident groups 0% non-resident groups CLASSES Class Fees Resolution No. 31-2003 To be set based on class provider and materials/facilities provided Registration Fees Resolution No. 24-2010 $12.00 Non-resident Fee on Classes Resolution No. 31-2003 Add 20% to class fee rounded to nearest dollar Senior discount — Burlingame Resolution No. 103-2009 25% off class fee eR residents age 65 and over "^'^' ^* TP_Fnpe elasses aFy Page 58 Fiscal Year 2023-24 Master Fee Schedule PARKS & RECREATION SERVICE REFERENCE FEE Senior discount — non-residents Resolution No. 31-2003 Waive non-resident fee age 65 and over Registration cancellation Resolution No. 33-2008 $8.00 per class or event charge TREE AND PARKS FEES Memorial tree plantings Resolution No. 33-2008 $342.00/$545.00 15 gallon/24" box size Memorial Bench Resolution No. 27-2011 $3,500.00 Additional street tree plantings Resolution No. 32-2009 $125.00/$518.00 15 gallon/24" box size Protected Tree Removal Resolution No. 33-2008 Application Fee $150.00 Residential/$450.00 Failure to Meet Replanting Commercial Requirements of Permit $1,500.00 / tree plant required Arborist's plan review for Resolution No. 33-2008 $284.00 landscaping requirements on planning applications (See also planning fee Page 59 Fiscal Year 2023-24 Master Fee Schedule PARKS & RECREATION SERVICE REFERENCE FEE schedule) Arborist check of construction Resolution No. 33-2008 $284.00 plans and inspection of landscape requirements on building permit submittals Appeal to City Council from Resolution No. 33-2008 $527.00 Beautification Commission decision (does not include noticing costs) Noticing, City Council Appeal Resolution No. 33-2008 $120.00 Street Banner Hanger Resolution No. 24-2010 $225.00 Private Tree Emergency Work $90.00 per hour Business Hours (M-F; 7-3:30) After Hours (Weekends & $115.00 per hour Holidays) Page 60 Fiscal Year 2023-24 Master Fee Schedule PLANNING SERVICE REFERENCE FEE PRE -APPLICATIONS Preliminary Plan Check, New Resolution No. 27-2011 $1018.00 Construction* Preliminary Plan Check, Resolution No. 27-2011 $510.00 Add ition/Remodel* Zoning Verification/Property Profile $120.00 Letter APPLICATIONS Ambiguity/Determination Hearing Resolution No. 33-2008 $1,702.00 before Planning Commission (applies to Planning, Fire, and Building requests) Amendment/Extension of Permits Resolution No. 27-2011 $917.00 Appeal to Planning Commission of Resolution No. 33-2008 $664.00 administratively approved permits/appeal to City Council of Planning Commission decisions Noticing to be charged separately. *Fifty percent (50%) of fee will be credited toward required application fees if and when project is submitted as a complete application. Page 61 Fiscal Year 2023-24 Master Fee Schedule PLANNING SERVICE REFERENCE FEE Legal Review -Substantive work by Resolution No. 48-2015 $224.00/hour City Attorney for development projects requiring discretionary review before the Planning Commission under Title 25 Conditional Use Permit Resolution No. 27-2011 $2,257.00 Multi -Unit Residential, 10 Units or Resolution No. 33-2008 $4,018.00 Fewer Multi -Unit Residential, 11 Units to 25 Resolution No. 33-2008 $4,720.00 Units Multi -Unit Residential, 26 Units to 50 $5,539.00 Units Multi -Unit Residential, 51 Units to $6,503.00 100 Units Multi -Unit Residential, 101 Units and $7,636.00 Greater Design Review, Amendment Resolution No. 27-2011 $1,250.00 Design Review Deposit" Resolution No. 27-2006 $1,634.00 Design Review — Handling Fee Resolution No. 33-2008 $634.00 Minor "FYI" Amendment to $482.00 Approved Project —Applicant Minimum deposit. Formula for ultimate calculation is design review consultant fee times hours spent. Project not set for hearing until actual time paid. Page 62 Fiscal Year 2023-24 Master Fee Schedule PLANNING SERVICE REFERENCE FEE Initiated As -Built "FYI" Variation from Approved Project $1,775.00 Design Review, Single -Unit Residential Resolution No. 27-2011 $1,446.00 Design Review, Multi -Unit Residential 25 Units or Fewer $2,326.00 Design Review, Multi -Unit Residential 26 Units or Greater $3,434.00 Design Review, Commercial 5,000 Gross Square Feet or Less $1,446.00 Design Review, Commercial 5,001- 10,000 Gross Square Feet $2,326.00 Design Review, Commercial 10,001 Gross Square Feet or Greater $3,434.00 Information Submittal to Planning Commission & Pre -Application Development Agreement $1,394.00 Fence Variance Resolution No. 27-2011 $1,271.00 Minor Modification Resolution No. 27-2011 $2,661.00 Hillside Area Construction Permit Resolution No. 27-2011 $2,66100 Accessory Dwelling Unit Resolution No. 27-2011 $823.00 Reasonable Accommodation Resolution No. 27-2011 $518.00 Page 63 Fiscal Year 2023-24 Master Fee Schedule PLANNING SERVICE REFERENCE FEE General Plan Amendment/Re-zoning Resolution No. 27-2011 $8,654.00 Accessory Dwelling Unit Amnesty Resolution No. 27-2011 $598.00 Permit, Building Official Inspection Deposit Special Use Permit Resolution No. 27-2011 $4,939.00 Variance Resolution No 27-2011 $5,162.00 Wireless Communications Municipal Code Section $2,294.00 Administrative Use Permit 25.48.300 Plan Recheck Fee More than two revisions to plans Resolution No. 32- 2009 $837.00 Major redesign of project plans Resolution No. 32- 2009 $1,008.00 Cannabis Operator Permit Municipal Code Section Application Fees 25.48.060 Delivery only, no fixed location $1,571.00 Fixed location, non -storefront retail delivery $6,283.00 Municipal Code Section Page 64 Fiscal Year 2023-24 Master Fee Schedule PLANNING SERVICE REFERENCE FEE Cannabis Operator Permit Renewal 25.48.060 Fees Delivery only, no fixed location $1,571.00 Fixed location, non -storefront retail delivery $393.00 ENVIRONMENTAL Environmental, Categorical Resolution No. 27-2011 $141.00 Exemption Environmental, Negative Declaration Resolution No. 27-2011 $7,274.00 If prepared by staff Environmental, Initial Resolution No. 27-2011 Pass -through of actual Study/Mitigated Negative contractor cost, plus 10% of Declaration Checklist/Streamlining contract handling fee, Exemption and/or with a deposit to be determined by Responsible Agency Director of Community Development Environmental Impact Report Resolution No. 31-2003 Pass -through of actual contractor cost, plus 20% of contract handling fee, deposit to be determined by Director of Community Development Environmental Posting Fee, Resolution No. 27-2011 $995.00 Page 65 Fiscal Year 2023-24 Master Fee Schedule PLANNING SERVICE REFERENCE FEE Mitigated Negative Declaration and EIR Fish & Wildlife Fee for Negative Fish & Game Code § $2,764.00 (Fish & Wildlife Declaration, whether mitigated or 711.4 Fee is updated annually on not (pass -through fee) January 1 by the California Department of Fish & Wildlife) Fish & Wildlife Fee for Fish & Game Code § $3,839.25 (Fish & Wildlife Environmental Impact Report (pass- 711.4 Fee is updated annually on through fee) January 1 by the California Department of Fish & Wildlife) County Clerk Processing Fee for Fish Fish & Game Code § $50.00 & Game (pass -through fee) 711.4 PARKS Arborist Review (when required) Resolution No. 33-2008 $284.00 NOTICING Noticing, All Other Resolution No. 27-2011 $768.00 Noticing, Design Review Resolution No. 27-2011 $1,067.00 Noticing, Minor Modifications, Resolution No. 27-2011 $892.00 Hillside Area Construction Permits Noticing, General Plan Amendment — Resolution No. 33-2008 $1,595.00 Re -zoning Noticing, Environmental Impact Code Section 25.48.300 $1,595.00 Page 66 Fiscal Year 2023-24 Master Fee Schedule PLANNING SERVICE REFERENCE FEE Report Noticing, City Council Appeal Code Section 25.48.300 $120.00 Noticing, Accessory Dwelling Unit Amnesty Permit Resolution No. 61-2004 $77.00 Noticing — Wireless Communications Municipal Code Chapter 25.48.300 $702.00 Noticing — Replacement of Design Review Sign $400.00 SIGNS 50 square feet or Tess fewer Resolution No 27-2011 $299.00 Over 50 SF and less than 200 square feet Resolution No. 27-2011 $426.00 Over 200 square feet Resolution No. 27-2011 $491.00 Sign Variance/Master Sign Program Resolution No. 27-2011 $3,631.00 Removal of Illegal Sign Resolution No. 33-2008 $145.00 Page 67 BU RLI7VGAME Fiscal Year 2023-24 Master Fee Schedule DEVELOPMENT IMPACT FEES (PLANNING) The Public Facilities Impact Fee is a general category of fees based on the uses, number of dwelling units and/or amount of square footage to be located on the property after completion of a development project. The fees are committed to public improvement, public services, and community amenities affected by new development (Burlingame Municipal Code Chapter 25.80). The purpose of the fee is established upon approval of a permit for construction or reconstruction, and is intended for improvements in one or more of the following categories: • General Facilities & Equipment • Streets & Traffic • Libraries • Fire • Police • Storm Drainage • Parks & Recreation Single Family Multifamily Commercial Office Industrial Fee per Dwelling Unit Fee per Dwelling Unit Fee per 1,000 sq.ft. of Building Fee per 1,000 sq.ft. of Building Fee per 1,000 sq.ft. of Building General $ 2,756 $ 1,636 $ 930 $ 640 $ 305 Library $ 2,383 $ 1,415 Not applicable (a) Not applicable (a) Not applicable (a) Police $ 437 $ 259 $ 147 $ 102 $ 48 Parks $ 590 $ 350 $ 172 $ 118 $ 56 Traffic/Streets $ 1,573 $ 1,105 $ 7,285 $ 1,810 $ 1,146 Fire $ 642 $ 381 $ 360 $ 248 $ 118 Storm Drainage $ 781 $ 391 $ 717 $ 442 $ 628 Total Impact Fee: $ 9,162 $ 5,537 $9,611 $3,360 $2,301 The establishing ordinance provides no annual escalator for the Public Facilities Impact Fee. Note: (a) Commercial, office and industrial development are exempt from paying the library public facilities impact fee because the Council finds that these developments do not currently have a significant impact on the prevision of City library services or facilities(Resolution No. 76-2008). Page 68 Fiscal Year 2023-24 Master Fee Schedule DEVELOPMENT IMPACT FEES (PLANNING) Burlingame Avenue Parking In Lieu Fees are applicable only to commercial properties within Downtown Burlingame and are collected in those instances where a land -use requires additional parking, but the site cannot physically accommodate additional spaces. The fee is based upon a per - space, or portion thereof that is not being provided on the property. The funds are to remain in the City's Parking fund to help defray the cost of building a City -owned and operated parking structure. The fees are updated annually based on the February Consumer Price Index — Urban Wage Earners and Clerical Workers (CPI-W) for the San Francisco Area. SERVICE REFERENCE FEE Burlingame Avenue Parking in Lieu Resolution 48-2000 $65,037.00 Fees Page 69 B1J RLIMIC.AME Fiscal Year 2023-24 Master Fee Schedule AFFORDABLE HOUSING IMPACT FEES (PLANNING) Commercial Affordable Housing Linkage Fees were adopted by the City Council in 2017 to provide a dedicated source of funding for programs supporting workforce housing in Burlingame. • Retail - $7.00 per square foot ($5.00 w/ prevailing wages) • Hotel - $12.00 per square foot ($10.00 w/ prevailing wages) • Office projects of 50,000 square feet or less - $18.00 per square foot ($15.00 w/ prevailing wages) • Office projects greater than 50,000 square feet - $25.00 per square foot ($20.00 w/ prevailing wages) Residential Impact Fees were adopted by the City Council in 2019. The fees are to be used to increase, improve, and/or protect the supply of housing affordable to moderate-, low-, very low-, and extremely low-income households. An "in -lieu" option is available where the developer chooses to provide an affordable unit or units on site. Impact Fee — Per Square Foot Base With Prevailing / Area Wage Rental Multifamily — 11 units and above Up to 50 du/ac $17.00 / sq ft $14.00 / sq ft 51-70 du/ac $20.00 / sq ft $17.00 / sq ft 71 du/ac and above $30.00 / sq ft $25.00 / sq ft For Sale Multifamily Condominiums — 7 units and above $35.00 / sq ft $30.00 / sq ft Notes: 1. Rental Multifamily with total of 10 units or fewer are exempt. 2. For Sale Multifamily (Condominiums) with total of 6 units or fewer are exempt. 3. Rental projects that convert to condominiums within 10 years of completion of construction would be subject to the fee differential as a condition of conversion. The fee differential shall be based on the fee structure in place at the time of conversion to condominiums, minus the fees originally submitted at the time of construction. Page 70 Fiscal Year 2023-24 Master Fee Schedule POLICE SERVICE REFERENCE FEE Vehicle Release Resolution No.32-2009 $160.00 Police Reports Resolution No.32-2009 $0.25 per page Report Copies Gov't Code § 6253(b) Fingerprint Rolling Fee Live scan Fee Set by State $35.00 plus appropriate State of California Department of Dept. of Justice and/or Federal Justice processing fee CD's/DVD's/Flash Drives Resolution No.32-2009 $112.00 per CD/DVD/Flash Drive Containing Digital Files Clearance Letter Resolution No. 32-2009 $33.00 Repossessed Vehicle Gov't Code § 41612 $15.00 Preferential Parking Permits (Residential Permit Parking Program) Resolution No. 22-2008 $66.00 Issuance (up to 2 permits (Section 13.36.070) for same address) Resolution No. 22-2008 $66.00 Annual renewal (up to 2 (Section 13.36.070) permits for same address) Resolution No. 22-2008 $66.00 (Section 13.36.070) Charge for replacement of lost permit Page 71 BU RLINCaAME Fiscal Year 2023-24 Master Fee Schedule POLICE SERVICE REFERENCE FEE Burlingame Avenue Section 13.32.020 $66.00/month Downtown Area Parking Permits Driving Under Influence Resolution No. 32-2009 $267.00 per hour (DUI) Fees Resolution No. 33-2007 $155.00 per blood test $58.00 per breath or urine test Resolution No. 33-2007 $155.00 per refused blood test Resolution No. 33-2007 Security Service (Outside Resolution No. 33-2008 $167.00 per hour Detail) (minimum charge of four hours) Alarm Permit Application Resolution No. 116-2003 $18.00 Fee (Section 10.10.110) Resolution No. 116-2003 $32.00 per year Alarm Permits (Annual (Section 10.10.110) Renewal) Page 72 Fiscal Year 2023-24 Master Fee Schedule POLICE SERVICE REFERENCE FEE False Alarm Charge 1 to 2 false alarms No Charge 3 to 5 false alarms Resolution No. 116-2003 $50.00 each (Section 10.10.090) 6 or more false alarms Resolution No. 116-2003 $100.00 each Any false alarm for which (Section 10.10.090) $50.00 (includes cost of alarm no alarm permit has Resolution No. 28-2006 permit plus $18.00 initial been issued application fee) Live Entertainment Resolution No. 32-2009 $695.00 Permit (Sections 6.16.030) Single Event (Section 6.16.090) $120.00 Entertainment Permit Peddlers and Solicitors Resolution No. 41-2008 $739.00 for investigation plus (Section 6.24.030) fingerprinting fees Curb Painting Resolution No. 33-2007 $67.00 for investigation Tanning Salon Application Resolution No. 41-2008 $1,131.00 plus fingerprinting fees (Section 6.42.060) $1,036.00 plus fingerprinting fees Sale or Transfer Resolution No. 41-2008 (Section 6.42.120) $775.00 plus fingerprinting fees Renewal Resolution No. 41-2008 (Section 6.42.160) Page 73 Fiscal Year 2023-24 Master Fee Schedule POLICE SERVICE REFERENCE FEE Massage Operator Application Resolution No. 32-2009 $1,463.00 plus fingerprinting fees (Section 6.40.060) $1,463.00 plus fingerprinting fees Sale or Transfer Resolution No. 32-2009 (Section 6.40.120) $917.00 plus fingerprinting fees Renewal Resolution No. 32-2009 (Section 6.40.160) Model/Escort Service Resolution No. 41-2008 $1,240.00 plus fingerprinting fees Application (Section 6.41.040) $1,132.00 plus fingerprinting fees Sale or Transfer Resolution No. 41-2008 (Section 6.41.100) $775.00 plus fingerprinting fees Renewal Resolution No. 41-2008 (Section 6.41.130) Private Patrol Company Resolution No. 41-2008 $417.00 plus fingerprinting fees Application (Section 6.44.050) $208.00 plus fingerprinting fees Renewal Resolution No. 41-2008 (Section 6.44.080) Taxi Operator Application Section 6.36.050 Business license fee plus fingerprinting fees Business license fee plus Renewal Section 6.36.190 fingerprinting fees Page 74 BU RLINCaAME Fiscal Year 2023-24 Master Fee Schedule POLICE SERVICE REFERENCE FEE Taxi Driver Application Section 6.36.050 $84.00 plus fingerprinting fees $74.00 plus fingerprinting fees Renewal Section 6.36.190 Taxicab Annual Section 6.36.120 $95.00 per vehicle Inspection Valet Parking Resolution No. 41-2008 $802.00 plus fingerprinting fees (Section 6.30.040) Concealed Weapon Resolution No. 32-2009 $1,354.00 for investigation Fortune Teller Resolution No. 41-2008 $802.00 plus fingerprinting fees (Set by Section 6.38.060) Unruly Gathering Section 10.70.070 Cost of Hours of Officer Response Special Events & Street Resolution No. 32-2009 Closing: Application and Permit $120.00 Sidewalk Closure $120.00 per parcel/per day $238.00 per parcel/per day Road Closure Verification of non- Resolution No. 90-2009 No Charge resident "proof -of - correction" citations Page 75 BU RLINCaAME Fiscal Year 2023-24 Master Fee Schedule SEWER SERVICE REFERENCE FEE SEWER CAPACITY CHARGES Single-family Section 15.08.020 $11,075.00/ dwelling unit Fee updated based on Engineering News Record Construction Cost Index as of 1/1/2023 Multi -family, Two or Section 15.08.020 $7,667.00/ dwelling unit More Bedrooms Fee updated based on Engineering News Record Construction Cost Index as of 1/1/2023 Multi -family, Studio and Section 15.08.020 $5,206.00/ dwelling unit One Bedroom Fee updated based on Engineering News Record Construction Cost Index as of 1/1/2023 Detached Accessory Section 15.08.020 $4.62/ square foot Dwelling Unit (ADU) > Fee updated based on Engineering 150 square feet News Record Construction Cost Index as of 1/1/2023 Non -Residential, water Section 15.08.020 $21,299.00/ connection meter size = %-inch Fee updated based on Engineering News Record Construction Cost Index as of 1/1/2023 Non -Residential, water Section 15.08.020 $35,499.00/ connection meter size = 1-inch Fee updated based on Engineering News Record Construction Cost Index as of 1/1/2023 Page 76 Fiscal Year 2023-24 Master Fee Schedule SEWER SERVICE REFERENCE FEE Non -Residential, water Section 15.08.020 $70,997.00/ connection meter size = 1%-inch Fee updated based on Engineering News Record Construction Cost Index as of 1/1/2023 Non -Residential, water Section 15.08.020 $113,595.00/connection meter size = 2-inch Fee updated based on Engineering News Record Construction Cost Index as of 1/1/2023 Non -Residential, water Section 15.08.020 $212,991.00/ connection meter size = 3-inch Fee updated based on Engineering News Record Construction Cost Index as of 1/1/2023 Non -Residential, water Section 15.08.020 $354,986.00/connection meter size = 4-inch Fee updated based on Engineering News Record Construction Cost Index as of 1/1/2023 INDUSTRIAL WASTE DISCHARGE FEES The fee covers two (2) samples; additional samples charged according to the Analytical Processing Fee Schedule below. Light Discharger, Annual Ord. No. 1786 (2006) $638.00 Moderate Discharger, Ord. No. 1786 (2006) $1,748.00 Annual Heavy Discharger, Ord. No. 1786 (2006) $2,441.00 Annual Page 77 Fiscal Year 2023-24 Master Fee Schedule SEWER SERVICE REFERENCE FEE Non -Conventional Ord. No. 1786 (2006) $1,305.00 Discharger, Annual Groundwater Discharger Ord. No. 1786 (2006) Non -conventional Fee plus $7.00 per 1000 gallons discharged Application Processing Ord. No. 1786 (2006) $168.00 Fee ANALYTICAL FEES In-house Testing Ord. No. 1786 (2006) Cost Contract Lab Testing Ord. No. 1786 (2006) Cost plus 15% BIMONTHLY SEWER SERVICE CHARGES Minimum Bi-Monthly Resolution No. 144-2021 $29.82 Charges (Effective 1/1/2022) Applies only when volumetric sewer rates result in a charge that is lower than the minimum. Single-family or duplex Resolution No. 144-2021 $14.91 per thousand gallons. (Effective 1/1/2022) Multi -Unit residential Resolution No. 144-2021 $14.65 per thousand gallons (Effective 1/1/2022) Food Related: Resolution No. 144-2021 $35.69 per thousand gallons Restaurant, other (Effective 1/1/2022) commercial food -related uses Page 78 BU RLINCaAME Fiscal Year 2023-24 Master Fee Schedule SEWER SERVICE REFERENCE FEE Moderate/Heavy Resolution No. 144-2021 $25.63 per thousand gallons commercial (Effective 1/1/2022) Light commercial Resolution No. 144-2021 $15.35 per thousand gallons (Effective 1/1/2022) Institutional/ Schools/ Resolution No. 144-2021 $8.62 per thousand gallons Churches (Effective 1/1/2022) Page 79 r- 5iJRif AMC' Fiscal Year 2023-24 Master Fee Schedule SEWER NEW CUSTOMERS IN SINGLE-FAMILY OR DUPLEX CLASSIFICATION — Resolution No. 144-2021 (Effective 1/1/2022) Number of Bedrooms Bi-Monthly Fee 1 Bedroom or Studio $59.64 2 Bedrooms $89.46 3 Bedrooms $119.28 4 Bedrooms $149.10 5 or More Bedrooms $178.92 Page 80 B1J RLIMIC.AME Fiscal Year 2023-24 Master Fee Schedule WATER SERVICE REFERENCE FEE WATER CAPACITY CHARGES Single-family Section 15.04.020 $7,260.00/ dwelling unit Fee updated based on Engineering News Record Construction Cost Index as of 1/1/23 Multi -family, Two or Section 15.04.020 $4,513.00/ dwelling unit More Bedrooms Fee updated based on Engineering News Record Construction Cost Index as of 1/1/23 Multi -family, Studio and Section 15.04.020 $2,942.00/ dwelling unit One Bedroom Fee updated based on Engineering News Record Construction Cost Index as of 1/1/23 Detached Accessory Section 15.04.020 $3.03/ square foot Dwelling Unit (ADU), > Fee updated based on Engineering 150 square feet News Record Construction Cost Index as of 1/1/23 Non -Residential, water Section 15.04.020 $10,987.00/ connection meter size= %-inch Fee updated based on Engineering News Record Construction Cost Index as of 1/1/23 Non -Residential, water Section 15.04.020 $18,326.00/ connection meter size=1-inch Fee updated based on Engineering News Record Construction Cost Index as of 1/1/23 Page 81 BU RLINCaAME Fiscal Year 2023-24 Master Fee Schedule WATER SERVICE REFERENCE FEE Non -Residential, water Section 15.04.020 $36,613.00/ connection meter size= 1 % -inch Fee updated based on Engineering News Record Construction Cost Index as of 1/1/23 Non -Residential, water Section 15.04.020 $58,588.00/ connection meter size=2-inch Fee updated based on Engineering News Record Construction Cost Index as of 1/1/23 Non -Residential, water Section 15.04.020 $109,877.00/ connection meter size=3-inch Fee updated based on Engineering News Record Construction Cost Index as of 1/1/23 Non -Residential, water Section 15.04.020 $183,142.00/ connection meter size=4-inch Fee updated based on Engineering News Record Construction Cost Index as of 1/1/23 Page 82 Fiscal Year 2023-24 Master Fee Schedule WATER Water fees are set via a three year rate -setting cycle with an effective date of January 1. The following rates are effective January 1, 2019. SERVICE REFERENCE FEE BI-MONTHLY CHARGE FOR METERS 5/8" and 3/4" meter Ord. No. 1880 (2017) $84.03 1" meter Ord. No. 1880 (2017) $140.05 1 - %" meter Ord. No. 1880 (2017) $280.10 2" meter Ord. No. 1880 (2017) $448.16 3" meter Ord. No. 1880 (2017) $840.30 4" meter Ord. No. 1880 (2017) $1,400.50 6" meter Ord. No. 1880 (2017) $2,801.00 8" meter Ord. No. 1880 (2017) $4,481.60 Page 83 Fiscal Year 2023-24 Master Fee Schedule WATER SERVICE REFERENCE FEE WATER CONSUMPTION Single Family Residential Tiers Ord. No. 1880 (2017) Rates per thousand gallons Tier 1 (0-4,000 gal): $9.79 Tier 2 (4,001-8,000 gal): $10.98 Tier 3 (8,001-16,000 gal): $12.18 Tier 4 (16,001-24,000 gal): $13.38 Tier 5 (24,001 gal & above): $14.58 Commercial/Multi- Ord. No. 1880 (2017) Effective January 1, 2019: $11.46 Family/Duplex/Other per thousand gallons Water Service Turn -On Ord. No. 1880 (2012) 8 a.m. to 3:15 p.m., Monday No Charge thru Friday 3:16 p.m. to 3:30 p.m., Monday $20.00 thru Friday 3:31 p.m. to 7:59 a.m., Monday $60.00 thru Friday Saturday/Sunday/Holiday $60.00 Page 84 Fiscal Year 2023-24 Master Fee Schedule WATER SERVICE REFERENCE FEE Penalty Fee (Past Due) Not paid within 30 days of Ord. No. 1880 (2012) 1.5% penalty billing Service Renewal 8 a.m. to 3:15 p.m., Monday Ord. No. 1880 (2012) $35.00 thru Friday 3:16 p.m. to 3:30 p.m., Monday Ord. No. 1880 (2012) $45.00 thru Friday 3:31 p.m. to 4:50 p.m., Monday Ord. No. 1880 (2012) $60.00 thru Friday After normal operating hours $150.00 Maintenance of Water in Fire Ord. No. 1880 (2012) $1.00 per month per inch of pipe Protection System diameter, with $2.00 minimum charge Flow Test 5/8" through 1" Ord. No. 1880 (2012) $50.00 1 - %" and 2" $80.00 Over 2" $100.00 minimum (if over $100.00, cost of testing plus 15%) Page 85 BU RLINCaAME Fiscal Year 2023-24 Master Fee Schedule WATER SERVICE REFERENCE FEE Temporary Water Service Ord. No. 1880 (2012) $750.00 deposit Meter charges (does not $43.00 per month for 1-inch meter include water consumption) $85.00 per month for three-inch meters Water Service Turn -on Deposit Ord. No. 1880 (2012) $50.00 or 2 months estimated if Delinquent on City Water consumption, whichever is greater Account in Previous 12 months Work on City Water System Ord. No. 1880 (2012) $60.00 permit $1,500.00 bond or deposit Fire Flow Test Section 15.04.030 $242.00 per hydrant SERVICE REFERENCE FEE Page 86 B1J RLIMIC.AME Fiscal Year 2023-24 Master Fee Schedule WATER Water Line Installation 5/8" bypass meter Ord. No. 1805 (2007) $369.00 3/4" service with meter Ord. No. 1805 (2007) $4,317.00 1" service with meter Ord. No. 1805 (2007) $4,354.00 1- % " service with meter Ord. No. 1805 (2007) $5,560.00 2" service with meter Ord. No. 1805 (2007) $5,707.00 If larger than 2" or a length of Ord. No. 1805 (2006) Cost plus 15% more than 60 feet Meter Upgrade To 3/4" meter or 1" meter Ord. No. 1805 (2007) $254.00 (meter only) Page 87 B1J RLIMIC.AME Fiscal Year 2023-24 Master Fee Schedule COUNTY FEES - ANIMAL CONTROL The City's agreement with San Mateo County requires that animal control fees reflect the fees adopted by the County Board of Supervisors (S.M.0 Ordinance No. 04628, approved July 24, 2012). These fees are subject to changes based on any future action by the County of San Mateo, and are available on-line at https://Iibrary.municode.com/ca/san mateo county/codes/code of ordinances?node1d=TIT6AN#! Page 88 BUR— N�An� AGENDA NO: 12a 1... STAFF REPORT MEETING DATE: August 21, 2023 To: Honorable Mayor and City Council Date: August 21, 2023 From: Alyssa Diaz, Executive Assistant— (650) 558-7204 Subject: Consideration of Two Appointments to the Library Board of Trustees RECOMMENDATION Staff recommends that the City Council make appointments to fill two impending vacancies on the Library Board of Trustees or take other action. BACKGROUND The impending vacancies are due to the expiring terms of Trustees Mark Lucchesi and Mike Nagler. The vacancies were publicized, and notification letters were sent to past Commission applicants. The City received five applications as of the extended deadline of June 16,2023. The City Council interviewed the following five applicants on August 17, 2023: Bobba Venkatadri, Jill Goldsmith, Linda Shaffer, Mark Lucchesi and William Van Kierken. The appointee terms will be for three years, ending on June 30, 2026. 1 BURi®NGAME AGENDA NO: 12b STAFF REPORT MEETING DATE: August 21, 2023 To: Honorable Mayor and City Council Date: August 21, 2023 From: Lisa K. Goldman, City Manager — (650) 558-7243 Subject: Discussion of SB 532 (Wiener) the Safe, Clean, and Reliable Public Transportation Emergency Act, Determination of a Position, and Adoption of a Resolution as Needed RECOMMENDATION Staff recommends that the City Council discuss SB 532 (Wiener), the Safe, Clean, and Reliable Public Transportation Emergency Act, determine whether it wishes to take a position on the legislation, and either adopt a resolution of support or opposition or remain neutral. BACKGROUND The Bay Area Council has requested that the City Council adopt a resolution in opposition to Senator Scott Wiener's SB 532, which requires the Bay Area Toll Authority to temporarily raise the base toll on the Bay Area's seven state-owned bridges by $1.50 for a five-year period from January 1, 2024, to December 31, 2028, and index this increase to inflation. nisri issinm The revenue from the increased tolls is estimated to yield approximately $180 million annually, based on FY 2021-22 figures of approximately $120 million raised per dollar of toll revenue, for a total of $900 million over five years. Funding would flow to the Metropolitan Transportation Commission (MTC), with at least 90% distributed based on maintaining transit service at FY 2022-23 service levels as well as for safety, reliability, cleanliness, and security improvements. The bill requires MTC, when distributing funds, to prioritize averting service cuts for transit operators that serve the highest number of transit riders. Up to 10% of revenues could be set aside for reform initiatives adopted in the Transit Transformation Action Plan, increasing or restoring service beyond FY 2022-23 levels, or investing in safety, reliability, cleanliness, and security improvements. SB 532 was initially a bill related to elections, and that form of the bill passed the Senate. In late June, the bill was gutted and amended to become a bill related to bridge tolls. The Assembly Transportation Commission passed this new version of the bill on July 6, 2023. The bill is now pending before the Assembly Appropriations Committee. Should the bill make it through the full Assembly, it would likely be heard in the Senate Transportation committee (because this version 1 SB 532 Bridge Tolls August 23, 2023 of the bill was never heard in the Senate). It would then move to Senate Appropriations and the Senate floor for a concurrence vote prior to heading to the Governor for his consideration. Support for SB 532 Bay Area transit operators are facing substantial operating deficits of $2.5 billion over the next five years. These deficits are primarily caused by a collapse in transit ridership, higher operating costs, and the depletion of federal pandemic emergency relief funding. Although there has been a steep decline in transit ridership due to the pandemic, Senator Wiener notes that numbers have been steadily recovering, with Muni's ridership increasing by 33% and BART's by nearly 50% over the past year. Despite the progress, concerns over safety, cleanliness, and reliability on public transport make some residents hesitant to return to their pre -pandemic commuting habits. Senator Wiener also notes that the recently enacted budget, which included $5.1 billion in new funding for transit operations, will not be enough, and failure to address the crisis could result in service cuts that will hurt the region's economy and undermine the state's climate and housing goals. The bill also recognizes the need for financial equity in its provisions, ensuring that the toll increase primarily benefits lower -income transit riders who might be disproportionately impacted by service cuts. Transit agencies such as AC Transit and BART, the City of Berkeley, the City of Oakland, and various advocacy organizations such as Peninsula for Everyone, Seamless Bay Area, Spur, and TransForm all support the legislation as a way to stave off transit system service cuts. In their support letter for the legislation, BART Directors stated: We greatly appreciate the funding that the Legislature has included in the Fiscal Year 2023-24 State Budget. However, BART, alone, faces a deficit of almost $1.1 billion through Fiscal Year 2027-28, and additional funding will be necessary to avoid drastic service cuts, station closures, and layoffs. SB 532 offers Bay Area transit agencies experiencing the worst shortfalls a lifeline until a Bay Area regional transportation funding measure can be placed on the ballot in 2026 or 2028. With increased toll revenues planned through Fiscal Year 2028-29, regional stakeholders are afforded time to assemble a funding measure that will help operators achieve financial sustainability long-term and transform the regional transit network." Opposition to SB 532 The Bay Area Council, which is an organization of large businesses in the region, is urging cities to pass a resolution opposing SB 532. The Bay Area Council, working with others, was able to secure $5.1 billion from the state budget — including $1.1 billion in new statewide funding — to give transit agencies in the Bay Area and across the state more time to recover ridership and make adjustments to adapt to a post -pandemic and post -remote work world. This was in addition to the $4.4 billion in federal funds delivered to Bay Area transit during the pandemic. They note that these efforts "have staved off facing a "fiscal cliff' from 2025 until at least 2027" for transit agencies. The Bay Area Council offers the following reasons to oppose the bill: • In a post -pandemic world, those that are still driving a car or pick-up truck across our bridges 2 SB 532 Bridge Tolls August 23, 2023 and paying tolls are statistically lower income, have lower levels of education and are disproportionately people of color. Many of these bridge -crossing drivers cannot work from home nor reasonably take transit, and the cost of providing transit to them would be prohibitively expensive. Tolling these already disadvantaged residents more, now, is not the right move. • Tolls are already high, increasing, and are set to be raised again in 2025 for Regional Measure 3 improvements. • The primary objective of tolls is to pay for bridge maintenance, and the Bay Area Toll Authority had been planning an increase for such maintenance. Raising tolls to pay for transit operations would interfere with those efforts. • Many workers are already struggling with the high cost of living in the Bay Area, and this toll hike may contribute to forcing more residents to leave the region. • Toll increases in the past — such as Regional Measure 1, Regional Measure 2 and Regional Measure 3 — were subject to votes of the people and should continue to be. • Further taxing commuters will undermine efforts to bring more employees and visitors to struggling downtowns. • As written, the toll increase funding would almost entirely go to MUNI in San Francisco and BART (for commuters going to San Francisco), and yet the toll payers and toll bridges are throughout the Bay Area, and this seems geographically inequitable. Staff recommends that the City Council discuss SB 532 and determine whether or not it wishes to take a position. Attached to this staff report are a draft resolution of support and a draft resolution of opposition. The Council can adopt either of these resolutions, or it can choose to remain neutral. FISCAL IMPACT There is no fiscal impact associated with this item. Exhibits: • Draft resolution of support • Draft resolution of opposition • Bill text 3 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME SUPPORTING SB 532 (WIENER). THE SAFE, CLEAN, AND RELIABLE PUBLIC TRANSPORTATION EMERGENCY ACT WHEREAS, Bay Area transit operators are facing substantial operating deficits of $2.5 billion over the next five years; and WHEREAS, these deficits are primarily caused by a collapse in transit ridership, higher operating costs, and the depletion of federal pandemic emergency relief funding; and WHEREAS, concerns over safety, cleanliness, and reliability on public transport make some residents hesitant to return to their pre -pandemic commuting habits; and WHEREAS, the recently enacted state budget, which included $5.1 billion in new funding for transit operations, will not be enough, and failure to address the crisis could result in service cuts that will hurt the region's economy and undermine the state's climate and housing goals; and WHEREAS, transit agencies such as AC Transit and BART, the City of Berkeley, the City of Oakland, and various advocacy organizations such as Peninsula for Everyone, Seamless Bay Area, Spur, and TransForm all support the legislation as a way to stave off transit system service cuts, station closures, and layoffs; and WHEREAS, SB 532 offers Bay Area transit agencies experiencing the worst shortfalls a lifeline until a Bay Area regional transportation funding measure can be placed on the ballot in 2026 or 2028. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES HEREBY RESOLVE THAT: The City of Burlingame supports SB 532 (Wiener), which seeks to raise tolls on the seven state- owned Bay Area bridges to fund transit operations. 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 21 st day of August, 2023 and was adopted thereafter by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: Meghan Hassel -Shearer, City Clerk RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME OPPOSING SB 532 (WIENER). THE SAFE, CLEAN, AND RELIABLE PUBLIC TRANSPORTATION EMERGENCY ACT WHEREAS, the onset of the COVID-19 pandemic in 2020 caused a steep decline in public transit ridership and revenue; and WHEREAS, although the federal government provided $4.4 billion of emergency relief funds to Bay Area transit operators, which allowed agencies to continue to deliver transit services over the past three years, the operators are expected to exhaust those federal relief funds in the coming years; and WHEREAS, in response to this fiscal crisis facing the agencies, the Newsom Administration and the State Legislature provided $5.1 billion of transit capital and operating funding — including $1.1 billion of new funding — in this year's state budget to give transit agencies across the state more time to recover ridership and make adjustments to adapt to post -pandemic travel patterns, and the entire $5.1 billion was made flexible to be used to cover operating shortfalls, and all together, allows transit to avoid any fiscal cliffs until 2027; and WHERAS, numerous advocates and leaders have called for the transit agencies to use the extra time these relief funds allow to reform, to get safer, get more cost-effective, and provide a better and more seamless experience to riders, and yet have not seen enough reform; and WHEREAS, Senate Bill 532 (Wiener), introduced as a gut and amend bill on June 22, 2023, would raise tolls on the seven state-owned Bay Area bridges by $1.50 effective January 1, 2024, for even more support for transit operators; and WHEREAS, bridge tolls are already high and set to be raised again in 2025 for Regional Measure 3, and the tolls are overwhelmingly paid for by non -San Francisco residents; and WHEREAS, the funds would go to largely fund Muni in San Francisco and BART operations into San Francisco, which may not serve the toll payers' commute corridors; and WHERAS, in a post -pandemic world, those that are still driving a car or pick-up truck across Bay Area bridges and paying tolls are statistically lower income, have lower levels of education, and are disproportionately people of color, and many of these bridge -crossing drivers cannot work from home or reasonably take transit, and the cost of providing transit to them would be prohibitively expensive; and WHEREAS, SB 532 is a gut and amend bill that would bypass the voters to levy a bridge toll increase on the commuters who can least afford it and could undermine the region's ability to raise transit revenue at the ballot going forward; and WHEREAS, the state budget relief package bought the region valuable time to maintain service while transit agencies find ways to operate more efficiently, collect fares from existing riders, and provide a more attractive service to build ridership and revenue; and WHEREAS, the Bay Area should wait to see how transit agencies use the state budget relief funding to improve their services to respond to rider concerns, and then the region can reevaluate new revenue options next year. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES HEREBY RESOLVE THAT: The City of Burlingame opposes SB 532 (Wiener), which seeks to raise tolls on the seven state- owned Bay Area bridges to fund transit operations. 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 21 st day of August, 2023 and was adopted thereafter by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: Meghan Hassel -Shearer, City Clerk AMENDED IN ASSEMBLY JUNE 29, 2023 AMENDED IN ASSEMBLY JUNE 22, 2023 AMENDED IN SENATE MAY 18, 2023 AMENDED IN SENATE APRIL 25, 2023 AMENDED IN SENATE APRIL 13, 2023 AMENDED IN SENATE MARCH 30, 2023 SENATE BILL No. 532 Introduced by Senator Wiener (Principal coauthors: Senators Becker and Cortese) (Principal coauthors: Assembly Members Bonta, Haney, Lee, Ting, and Wicks) February 14, 2023 An act to amend Sections 30911, 30916, and 30920 of, and to add Section 30914.8 to, the Streets and Highways Code, and to amend Section 40258 of Vehicle Code, relating to transportation, and making an appropriation therefor. LEGISLATIVE COUNSEL'S DIGEST SB 532, as amended, Wiener. San Francisco Bay area toll bridges: toll :n.....,.as : tolls: transit operating expenses. Existing law creates the Metropolitan Transportation Commission (MTC) as a regional agency in the 9-county San Francisco Bay area with comprehensive regional transportation planning and other related responsibilities. Existing law creates the Bay Area Toll Authority (BATA) as a separate entity governed by the same governing board as MTC and makes BATA responsible for the administration of toll 93 SB 532 — 2 — revenues from the state-owned toll bridges in the San Francisco Bay area. Existing law requires the Department of Transportation to collect tolls on these state-owned toll bridges. Existing law requires those toll revenues to be deposited in the Bay Area Toll Account and requires BATA to control and maintain that account, as specified. This bill would, until December 31, 2028, require BATA to increase the toll rate for vehicles for crossing the state-owned toll bridges in the San Francisco Bay area by $1.50, as adjusted for inflation. The bill would require the revenues collected from this toll to be deposited in the Bay Area Toll Account, would continuously appropriate moneys from this toll increase and other specified tolls, and would require moneys from this toll to be transferred to MTC for allocation to transit operators that provide service within the San Francisco Bay area and that are experiencing a financial shortfall, as specified. The bill would direct MTC to require each transit operator eligible to receive an allocation from the account to, on an annual basis, submit a 5-year projection of its operating needs, as specified. To the extent this bill would mandate that MTC or a transit operator provide a new program or higher level of service, the bill would impose a state -mandated local program. Existing law, beginning July 1, 2024, prohibits a schedule of toll evasion penalties for a toll evasion violation on a toll bridge from exceeding $25 for the notice of toll evasion violation and $50 for the notice of delinquent toll evasion violation, as specified. This bill, beginning July 1, 2024, would decrease the maximum amount of penalties that can be included in a schedule of toll evasion penalties for a toll evasion violation on a San Francisco Bay area state-owned toll bridge to instead be $5 for the notice of toll evasion violation and $10 for the notice of delinquent toll evasion violation, as specified. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. Vote: 2/3. Appropriation: yes. Fiscal committee: yes. State -mandated local program: yes. 93 -3— SB 532 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 The people of the State of California do enact as follows: SECTION 1. This act shall be known, and may be cited, as the Safe, Clean, and Reliable Bay Area Public Transportation Emergency Act. SEC. 2. It is the intent of the Legislature to enact future legislation to require the Metropolitan Transportation Commission to study, design, and implement an equity -based program to mitigate the impacts of the $1.50 toll increase required by this act within two years of the effective date of this act. It is the intent of the Legislature that the commission would establish the equity -based program in a manner that is operationally feasible, financially practicable, and effective, and that the commission would consider including discounts, toll caps, and toll exemptions as part of the program. SEG. 2. SEC. 3. Section 30911 of the Streets and Highways Code is amended to read: 30911. (a) The authority shall control and maintain the Bay Area Toll Account and other subaccounts it deems necessary and appropriate to document toll revenue and operating expenditures in accordance with generally accepted accounting principles. (b) (1) After providing for expenditures pursuant to subdivision (a) of Section 30912 and for operating assistance pursuant to subdivision (d) of Section 30914 and subdivision (c) of Section 30914.7 and after the requirements of any bond resolution or indenture of the authority for any outstanding revenue bonds have been met, the authority shall transfer on a regularly scheduled basis as set forth in the authority's annual budget resolution, the revenues defined in subdivision (b) of Section 30913 and Sections 30914, 30914.7, and 30914.8 to the commission. The funds transferred are continuously appropriated to the commission to expend for the purposes specified in subdivision (b) of Section 30913 and Sections 30914, 30914.7, and 30914.8. After the commission makes a determination that the projects and programs funded by the commission have been completed, the revenues transferred to the commission shall be expended by the commission for supplemental funding for the projects and programs identified in subdivision (a) of Section 30914.7 if the voters approve a toll increase authorized pursuant to Section 30923. 93 SB 532 —4— 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 (2) For purposes of paragraph (1), the revenues defined in subdivision (b) of Section 30913 and subdivision (a) of Section 30914 include all revenues accruing since January 1, 1989. SEG. 3. SEC. 4. Section 30914.8 is added to the Streets and Highways Code, to read: 30914.8. (a) The Metropolitan Transportation Commission shall, from proceeds of the toll imposed pursuant to subdivision (f) of Section 30916 and transferred pursuant to Section 30911, provide funding to transit operators that provide service within the commission's geographic jurisdiction and that are experiencing a financial shortfall. A transit operator shall only be eligible to receive an allocation pursuant to this section if it operates fixed -route public transit-��s services, including by bus, rail, or ferry, within the commission's geographic jurisdiction and does not directly receive the majority of its revenues from the Golden Gate Bridge, Highway, and Transportation District. (b) The commission shall annually distribute at least 90 percent of the revenues described in subdivision (a) to eligible transit operators in order to avoid service cuts and maintain operations, including safety, security, reliability, or cleanliness services and improvements. The commission may only allocate funds pursuant to this subdivision to a transit operator after it makes a determination that the funds are necessary to avoid service cuts relative to service levels provided by that transit operator during 2022-23 fiscal year. In providing allocations pursuant to this subdivision, the commission shall prioritize averting service cuts for transit operators that serve the highest number of transit riders. The commission shall also take into consideration the extent of local funding to support transit service and may also consider operator fares and other sources of revenue. (c) The commission shall annually distribute no more than 10 percent of the revenues described in subdivision (a) to assist eligible transit operators with restoring or reconfiguring service above levels provided during the 2022-23 fiscal year or for the purpose of funding initiatives to transform transit service pursuant to the commission's adopted Transit Transformation Action Plan, or to make specific safety, security, reliability, or cleanliness improvements. 93 — 5 — SB 532 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 (d) The commission shall require each transit operator eligible to receive an allocation pursuant to this section to, on an annual basis, submit a five-year projection of its operating needs. This projection of operating needs shall be based on standardized assumptions and guidance developed by the commission in collaboration with transit operators. The commission may reasonably audit, request revision to, or directly amend operating needs projections if appropriate or necessary to ensure consistency of assumptions and fairness across transit operators. SEG. 4. SEC. 5. Section 30916 of the Streets and Highways Code is amended to read: 30916. (a) The base toll rate for vehicles crossing the state-owned toll bridges within the geographic jurisdiction of the commission as of January 1, 2003, is as follows: Number of Axles Toll Two axles $1.00 Three axles 3.00 Four axles 5.25 Five axles 8.25 Six axles 9.00 Seven axles & more 10.50 (b) If the voters approve a toll increase, pursuant to Section 30921, commencing July 1, 2004, the base toll rate for vehicles crossing the bridges described in subdivision (a) is as follows: Number of axles Toll Two axles $ 2.00 Three axles 4.00 Four axles 6.25 Five axles 9.25 Six axles 10.00 Seven axles & more 11.50 (c) (1) If the voters approve a toll increase, pursuant to Section 30923, the authority shall increase the base toll rate for vehicles crossing the bridges described in subdivision (a) from the toll rates then in effect by the amount approved by the voters pursuant to 93 SB 532 —6— 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Section 30923. The authority may, beginning six months after the election approving the toll increase, phase in the toll increase over a period of time and may adjust the toll increase for inflation based on the California Consumer Price Index after the toll increase has been phased in completely. (2) Revenue generated from the adjustment of the toll to account for inflation pursuant to paragraph (1) may be expended for the following purposes: (A) Bridge maintenance and rehabilitation necessary to preserve, protect, and replace the bridge structures consistent with subdivision (b) of Section 30950.3. (B) Supplemental funding for the projects and programs authorized pursuant to subdivision (a) of Section 30914.7. (d) The authority shall increase the amount of the toll only if required to meet its obligations on any bonds or to satisfy its covenants under any bond resolution or indenture. The authority shall hold a public hearing before adopting a toll schedule reflecting the increased toll charge. (e) Nothing in this section shall be construed to prohibit the adoption of either a discounted commute rate for two -axle vehicles or of special provisions for high -occupancy vehicles under terms and conditions prescribed by the authority in consultation with the department. (f) (1) Beginning January 1, 2024, and until December 31, 2028, the authority shall increase the base toll rate for vehicles crossing the bridges described in subdivision (a) from the toll rates then in effect by one dollar and fifty cents ($1.50). (2) The authority shall adjust the toll increase imposed pursuant to paragraph (1) on an annual basis for inflation based on the California Consumer Price Index. (3) Notwithstanding Section 30918, the toll increase imposed pursuant to paragraph (1) shall not be reduced without statutory authorization by the Legislature. (4) This subdivision shall become inoperative on January 1, 2029. SEC. 5. SEC. 6. Section 30920 of the Streets and Highways Code is amended to read: 30920. The authority may issue toll bridge revenue bonds to finance any or all of the projects and purposes, including those 93 — 7 — SB 532 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 specified in Sections 30913, 30914, 30914.7, and 30914.8, if the issuance of the bonds does not adversely affect the minimum amount of toll revenue proceeds designated in Section 30913 and in paragraph (4) of subdivision (a) of, and subdivision (b) of, Section 30914 for rail extension and improvement projects and transit projects to reduce vehicular traffic. A determination of the authority that a specific project or projects or purposes shall have no adverse effect will be binding and conclusive in all respects. SEC. 7. Section 40258 of the Vehicle Code, as added by Section 13 of Chapter 969 of the Statutes of 2022, is amended to read: 40258. (a) (1) The schedule of toll evasion penalties for atoll evasion violation on a toll bridge shall not exceed twenty-five dollars ($25) for the notice of toll evasion violation, and shall not exceed fifty dollars ($50) for the notice of delinquent toll evasion violation for a cumulative total of fifty dollars ($50) for each individual toll evasion violation. (2) Notwithstanding paragraph (1), the schedule of toll evasion penalties for a toll evasion violation on a San Francisco Bay area state-owned toll bridge shall not exceed five dollars ($5) for the notice of toll evasion violation, and shall not exceed ten dollars ($10) for the notice of delinquent toll evasion violation for a cumulative total of fifteen dollars ($15) for each individual toll evasion violation. For purposes of thisparagraph, "San Francisco Bay area state-owned toll bridge" means any of the toll bridges described in Section 30910 of the Streets and Highways Code. (3) Notwithstanding , paragraphs (1) and (2), the schedule of toll evasion penalties may include any administrative fee, fine, or assessment imposed by the state after enactment of this chapter in addition to the cumulative fifty -dollar ($50) limit per each individual toll evasion violation. (b) If the registered owner, by appearance or by mail, makes payment to the processing agency within 15 days of the mailing of the notice of toll evasion violation issued pursuant to subdivision (a) of Section 40254 for a bridge toll evasion, the amount owed shall consist of the amount of the toll without any additional penalties, administrative fees, or charges. (c) The maximum penalty for each toll evasion violation included in a notice of toll evasion for either a toll highway, toll road, or express lane shall be sixty dollars ($60). The maximum 93 SB 532 —8— 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 cumulative toll evasion penalty shall not exceed one hundred dollars ($100) for each individual toll evasion violation. (d) Toll evasion penalties under this article shall be collected as civil penalties. (e) The amounts specified in this section may be adjusted periodically by an issuing agency at a rate not to exceed any increase in the California Consumer Price Index as compiled and reported by the Department of Industrial Relations. (f) An issuing agency shall waive the toll evasion penalty for a first violation with the issuing agency if the person contacts, as applicable, the issuing or processing agency customer service center within 21 days from the mailing of the notice of toll evasion violation, and the person is not currently an accountholder with the issuing agency, signs up for an account, and pays the outstanding toll. (g) This section shall become operative on July 1, 2024. SEG. 6.. SEC. 8. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. N 93