Loading...
HomeMy WebLinkAboutAgenda Packet - CC - 2024.12.02 Regular MeetingCity Council City of Burlingame Meeting Agenda - Final BURLINGAME CITY HALL 501 PRIMROSE ROAD BURLINGAME, CA 94010 Council Chambers/Zoom7:00 PMMonday, December 2, 2024 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 information on how the public may observe and participate in the meeting. To Attend the Meeting in Person: Location: Council Chambers, 501 Primrose Road, Burlingame, California 94010 To Attend the Meeting via Zoom: To access the meeting by computer: Go to www.zoom.us/join Meeting ID: 848 4407 4566 Passcode: 226091 To access the meeting via phone: Dial 1-669-900-6833 Meeting ID: 848 4407 4566 Passcode: 226091 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 provisions 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. Page 1 City of Burlingame Printed on 11/27/2024 December 2, 2024City Council Meeting Agenda - Final To Provide Public Comment via Email: Members of the public may provide written comments by email to publiccomment@burlingame.org. Emailed comments will not be read out loud, but they will be noted for the record. Your email should include the specific agenda item on which you are commenting. Please note if your comment concerns an item that is not on the agenda. Emailed public comments that are received by 4:00 p.m. on Monday, December 2, 2024, will be included in a supplemental packet that will be sent to the City Council prior to the meeting and published on the website here: https://www.burlingame.org/169/City-Council---Agendas-and-Minutes. LEVINE ACT The Levine Act (California Government Code Section 84308) prohibits, in certain cases, campaign contributions to members of the City Council by those who have proceedings (e.g., applications for land use and other entitlements, contracts, etc.) pending before the City Council and by those who may have an interest in proceedings (including those acting as agents for applicants or potential contractors). Moreover, the Levine Act may require disclosure of contributions by such individuals. The law is complex and this brief description is not legal advice. If you or an agent have made any campaign contributions to a City Councilmember in the 12 months before a proceeding in which you have an interest or you are contemplating making a contribution within the 12 months after such a proceeding, you are urged to review the Levine Act and consider consulting an attorney. A 2023 version of the Levine Act and a Fair Political Practices Commission summary of it can be found here: https://www.burlingame.org/1206/Levine-Act-Information. 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: 848 4407 4566 Passcode: 226091 To access the meeting via phone: Dial 1-669-900-6833 Meeting ID: 848 4407 4566 Passcode: 226091 2. PLEDGE OF ALLEGIANCE TO THE FLAG Page 2 City of Burlingame Printed on 11/27/2024 December 2, 2024City Council Meeting Agenda - Final 3. ROLL CALL 4. REQUEST FOR AB 2449 REMOTE PARTICIPATION Announcements/consideration and approval of requests by Councilmembers to participate pursuant to AB 2449 (Government Code Section 54943(f)). 5. REPORT OUT FROM CLOSED SESSION 6. UPCOMING EVENTS 7. PRESENTATIONS Proclamation Recognizing Assistant Public Works Director Art Morimotoa. 8. 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. 9. 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. Adoption of a Resolution Accepting the Burlingame Bicycle Boulevard and Mercy Neighborhood Traffic Calming, City Project No. 86640, by Bayside Stripe & Seal, Inc. a. Staff Report Resolution Final Progress Payment Project Location Map Attachments: Adoption of a Resolution Accepting the City -Wide Pedestrian Safe Routes and Mobility Improvements, City Project No. 86510, by Ray’s Electric b. Staff Report Resolution Final Progress Payment Project Location Map Attachments: Page 3 City of Burlingame Printed on 11/27/2024 December 2, 2024City Council Meeting Agenda - Final Adoption of a Resolution Authorizing the City Manager to Execute Amendment No. 2 to Extend the Term of the Professional Services Agreement with ICF Jones & Stokes, Inc. (ICF) to December 31, 2027, to Perform Environmental Review Services for the Proposed Development of a New Public Nature /Recreation Park and Education Center Building at 410 Airport Boulevard c. Staff Report Resolution Draft Amendment No. 2 Original Agreement for Professional Services Attachments: Adoption of a Resolution Authorizing an Eleventh Amendment of the City Manager's Employment Agreement and Approving the City of Burlingame Pay Rates and Ranges (Salary Schedules) d. Staff Report Resolution Amendment Salary Schedule - Merit Classifications 12-2-2024 Salary Schedule - Merit Classifications 12-30-2024 Salary Schedule - Casual Classifications 12-30-2024 Employment Agreement Attachments: 10. PUBLIC HEARINGS (Public Comment) Introduction and First Reading of an Ordinance of the City Council of the City of Burlingame Amending Burlingame Municipal Code Chapter 25.40 of Article 3; Chapter 25.48 of Article 4; Chapter 25.60 of Article 6; Chapter 25.88 of Article 6; Chapter 25.98 of Article 6; and Chapter 25.100 of Article 7, Related to Accessory Dwelling Units; CEQA Determination: Exempt Pursuant to State CEQA Guidelines Sections 15282, 15378, and 15061(b)(3) a. Staff Report Proposed Ordinance - Redline Version Proposed Ordinance - Clean Version Attachments: Page 4 City of Burlingame Printed on 11/27/2024 December 2, 2024City Council Meeting Agenda - Final Introduction and First Reading of Updated Tree Ordinance – Repealing Chapters 11.04 and 11.06 of the Burlingame Municipal Code Title 11 (Trees and Vegetation) and Adopting a New Chapter 11.06 (Urban Reforestation and Tree Protection ); CEQA Determination: Exempt Pursuant To State CEQA Guidelines Sections 15307 And 15308 Adoption of a Resolution Amending the Master Fee Schedule to Adopt a Tree Replacement In-Lieu Fee and Fee Increase for Appeals of Beautification Committee Decisions; and Authorizing the Finance Director to Make Such Amendments to the Master Fee Schedule; CEQA Determination: Exempt Pursuant to State CEQA Guidelines Sections 15078, 15061(b)(3) b. Staff Report Proposed Ordinance Staff Reports and Minutes from Prior Hearings Memorandum - CEQA Categorial Exemption Qualification Resolution Amending Master Fee Schedule Attachments: Introduction and First Reading of an Ordinance of the City Council of the City of Burlingame Amending Chapter 8.19 of Title 8 of the Burlingame Municipal Code to Allow Existing Tobacco Retailer Permit Holders an Exemption From Certain Relocation Distance Requirements for a Period of Two Years, Eliminating Certain Restrictions on Retailer Permit Transfers and Discontinuing the Issuance of New Tobacco Retailer Permits; CEQA Determination: Exempt Pursuant to State CEQA Guidelines Section 15378 and 15061(b)(3) c. Staff Report Proposed Ordinance Ordinance No. 2026 Attachments: 11. STAFF REPORTS AND COMMUNICATIONS (Public Comment) Consideration of Three Appointments to the Beautification Commissiona. Staff ReportAttachments: Consideration of Two Appointments to the Parks & Recreation Commissionb. Staff ReportAttachments: 12. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Councilmembers report on committees and activities and make announcements. 13. FUTURE AGENDA ITEMS Page 5 City of Burlingame Printed on 11/27/2024 December 2, 2024City Council Meeting Agenda - Final 14. ACKNOWLEDGMENTS The agendas, packets, and meeting minutes for the Planning Commission, Traffic Safety and Parking Commission, Beautification Commission, Parks and Recreation Commission, and the Library Board of Trustees are available online at www.burlingame.org. 15. ADJOURNMENT Notice: Any attendees who require assistance, a disability related modification, or language assistance in order to participate in the meeting should contact Meaghan Hassel-Shearer, City Clerk by 10:00 a.m. on Monday, December 2, 2024 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, December 2, 2024 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 that the meeting, the materials related to it, and your ability to comment. NEXT CITY COUNCIL MEETING Regular City Council Meeting and City Council Reorganization on Monday, December 16, 2024 VIEW REGULAR COUNCIL MEETING ONLINE www.burlingame.org/video Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection via www.burlingame.org or by emailing City Clerk Meaghan Hassel-Shearer at mhasselshearer@burlingame.org. If you are unable to obtain information via the City's website or through email contact the City Clerk at (650) 558-7203. Page 6 City of Burlingame Printed on 11/27/2024 1 STAFF REPORT AGENDA NO: 9a MEETING DATE: December 2, 2024 To: Honorable Mayor and City Council Date: December 2, 2024 From: Syed Murtuza, Director of Public Works – (650) 558-7230 Andrew Yang, Senior Engineer – (650) 558-7230 Subject: Adoption of a Resolution Accepting the Burlingame Bicycle Boulevard and Mercy Neighborhood Traffic Calming, City Project No. 86640, by Bayside Stripe & Seal, Inc. RECOMMENDATION Staff recommends that the City Council adopt the attached resolution accepting the Burlingame Bicycle Boulevard and Mercy Neighborhood Traffic Calming, City Project No. 86640, in the amount of $270,187.50. BACKGROUND On December 4, 2023, the City Council awarded the Burlingame Bicycle Boulevard and Mercy Neighborhood Traffic Calming Project to Bayside Stripe & Seal, Inc., in the amount of $245,625 (Resolution No. 143-2023). The Burlingame Bicycle Boulevard and Mercy Neighborhood Traffic Calming Project aimed to enhance safety and mobility for pedestrians, bicyclists, and drivers. The scope included upgrading crosswalks with high-visibility designs and advanced stop bars and adding striped curb extensions, red curbing, and Class III bike lane improvements (Bike Boulevards) with sharrows. Additionally, the project involved installing speed cushions and implementing traffic calming measures along Carmelita Avenue (from California Drive to Vancouver Avenue), Paloma Avenue (between Grove Avenue and Oak Grove Avenue), Capuchino Avenue (between Grove Avenue and Carmelita Avenue), and Grove Avenue (between California Drive and Capuchino Avenue). DISCUSSION The project has been satisfactorily completed in compliance with the plans and specifications. The final project construction cost is $270,187.50, which is $24,562.50 higher than the original contract amount. The increase in cost is within the Council-approved contingency and was due to extra striping work, extra traffic control, and adjustments based on unforeseen field conditions. The effectiveness of the speed cushions installed on Carmelita Avenue will be monitored and re- evaluated and adjusted as necessary as part of the ongoing monitoring efforts. Acceptance of Burlingame Bicycle Boulevard and Mercy Neighborhood Traffic Calming, City Project No. 86640 December 2, 2024 2 FISCAL IMPACT Estimated Project Expenditures: The following are the estimated project construction expenditures. Construction $270,187.50 Construction Management and Inspection $17,630.00 Engineering Administration $29,200.00 Total $317,017.50 Funding Availability: The project is funded by a combination of San Mateo County Measure A funds and General Funds. There are adequate funds available in the CIP Program as follows: CIP 329-86640 – Bike Boulevards Phase 1 $330,000.00 Total $330,000.00 Exhibits: • Resolution • Final Progress Payment • Project Location Map RESOLUTION NO. _______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME ACCEPTING IMPROVEMENTS – BURLINGAME BICYCLE BOULEVARD AND MERCY NEIGHBORHOOD TRAFFIC CALMING PROJECT BY BAYSIDE STRIPE & SEAL, INC. CITY PROJECT NO. 86640 WHEREAS, on December 4, 2023, the City Council awarded the Burlingame Bicycle Boulevard and Mercy Neighborhood Traffic Calming Project to Bayside Stripe & Seal, Inc., in the amount of $245,625 (Resolution No. 143-2023); and WHEREAS, the Burlingame Bicycle Boulevard and Mercy Neighborhood Traffic Calming Project aimed to enhance safety and mobility for pedestrians, bicyclists, and drivers; the scope included upgrading crosswalks with high-visibility designs and advanced stop bars and adding striped curb extensions, red curbing, and Class III bike lane improvements (Bike Boulevards) with sharrows; additionally, the project involved installing speed cushions and implementing traffic calming measures along Carmelita Avenue (from California Drive to Vancouver Avenue), Paloma Avenue (between Grove Avenue and Oak Grove Avenue), Capuchino Avenue (between Grove Avenue and Carmelita Avenue), and Grove Avenue (between California Drive and Capuchino Avenue); and WHEREAS, the project has been satisfactorily completed in compliance with the plans and specifications. NOW, THEREFORE BE IT RESOLVED by the CITY COUNCIL of the City of Burlingame, California, and this Council does hereby find, order and determine as follows: 1. The Director of Public Works of said City has certified the work done by Bayside Stripe & Seal, Inc., under the terms of its contract with the City dated February 20, 2024, has been completed in accordance with the plans and specifications approved by the City Council and to the satisfaction of the Director of Public Works. 2. Said work is particularly described as City Project No. 86640. 3. Said work be and the same hereby is accepted. __________________________ Donna Colson, 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 2nd day of December, 2024, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ____________________________ Meaghan Hassel Shearer, City Clerk DATE : 2 FOR THE MONTH OF :July 1, 2024 September 30, 2024 ITEM UNIT BID UNIT BID PREV PREV %Pay This AMOUNT :Total Quantity :Total Amount #ITEM DESCRIPTION PRICE QUANTITY SIZE AMOUNT Quantity PAID PAID Month This Month :to Date :to Date 1 Pavement Marking White Sharrows 5.00$ 656 SF 3,280.00$ 798.00 3990.00 121.65%-$ :798.00$ :3,990.00$ 2 Thermoplastic Pavement Marking (Yellow)10.00$ 956 SF 9,560.00$ 1071.00 10710.00 112.03%-$ 1,071.00$ 10,710.00$ 3 Thermoplastic Pavement Marking (White)10.00$ 3,871 SF 38,710.00$ 4048.00 40480.00 104.57%-$ 4,048.00$ 40,480.00$ 4 Methyl Methacrylate Pavement Marking (Green)25.00$ 2,400 SF 60,000.00$ 3040.00 76000.00 126.67%-$ 3,040.00$ 76,000.00$ 5 Red Curb Paint 5.00$ 825 LF 4,125.00$ 0.00 0.00 0.00%321.50 1,607.50$ 321.50$ 1,607.50$ 6 Roadside Sign - One Post (Metal)500.00$ 7 Each 3,500.00$ 18.00 9000.00 257.14%-$ 18.00$ 9,000.00$ 7 Remove Sign Panel 150.00$ 3 Each 450.00$ 2.00 300.00 66.67%-$ 2.00$ 300.00$ 8 Speed Hump 8,500.00$ 11 Each 93,500.00$ 11.00 93500.00 100.00%0.2471 2,100.00$ 11.25$ 95,600.00$ 9 Traffic Control & Construction Area Signs 20,000.00$ 1 LS 20,000.00$ 0.75 15000.00 75.00%0.25 5,000.00$ 1.00$ 20,000.00$ 10 Remove Pavement Marking 12,500.00$ 1 LS 12,500.00$ 1.00 12500.00 100.00%-$ 1.00$ 12,500.00$ SUBTOTAL 245,625.00$ 261,480.00$ 8,707.50$ 270,187.50$ PROJECT TOTAL 245,625.00$ 8,707.50$ -$ 270,187.50$ PREPARED BY: SubTotal 8,707.50$ 270,187.50$ CONTRACTOR: Ramsey Mughannam DATE 5% Ret (435.38)$ APPROVED BY 10/1/2024 CONSULTANT: Nick Panayotou DATE APPROVED BY Total to Pay 8,272.13$ CITY PM: Andrew Yang DATE Bicycle Boulevard Project October 1, 2024 CITY PROJECT NO. 86640 PAYMENT NO. CONTRACTOR: Bayside Striping 10/7/2024 Date 9/25/2024 Invoice # 5522 City of Burlingame 501 Primrose Road Burlingame, CA 94010 Bayside Stripe and Seal, Inc. P.O. Box 703 Petaluma, CA 94953 Total 707-765-2871 Phone 707-765-2773 Fax ramy@baysidessi.com Burlingame Bike Blvd DescriptionItem #Qty Rate Amount Red Curb Paint5 321.5 5.00 1,607.50 Traffic Control & Construction Area Signs9 0.25 20,000.00 5,000.00 PCO #1 - Install Owner Provided Speed Hump 1 2,100.00 2,100.00 $8,707.50 Burlingame Bike Blvd Measured Quantities Final Move Quantities Grove Mills Capuchino Paloma Carmelita Total 1 Painted Pavement Marking (White) - Sharrows 0 5.00$ -$ 2 Thermoplastic Pavement Marking (Yellow)0 10.00$ -$ 3 Thermoplastic Pavement Marking (White)0 10.00$ -$ 4 Methyl Methacrylate Pavement Marking (Green)0 25.00$ -$ 5 Red Curb Paint 321.5 321.5 5.00$ 1,607.50$ 6 Roadside Sign - One Post (Metal)0 500.00$ -$ 7 Remove Sign Panel 0 150.00$ -$ 8 Speed Hump 0 8,500.00$ -$ 9 Traffic Control and Construction Area Signs 0.25 0.25 20,000.00$ 5,000.00$ 10 Remove Pavement Marking 0 12,500.00$ -$ CCO # 1 1 1 2,100.00$ 2,100.00$ Total 8,707.50$ Contract 245,625.00$ 12" White Crosswalk Billed 261,480.00$ 24" White Crosswalk This Bill 8,707.50$ Total 0 0 0 0 0 Total 270,187.50$ 12" Yellow Crosswalk 24" Yellow Crosswalk Total 0 Contract + 10%270,187.50$ Total Billing 270,187.50$ PROJECT LOCATION MAP BURLINGAME BICYCLE BOULEVARD AND MERCY NEIGHBORHOOD TRAFFIC CALMING PROJECT CITY PROJECT NO. 86640 1 STAFF REPORT AGENDA NO: 9b MEETING DATE: December 2, 2024 To: Honorable Mayor and City Council Date: December 2, 2024 From: Syed Murtuza, Director of Public Works – (650) 558-7230 Andrew Yang, Senior Engineer – (650) 558-7230 Subject: Adoption of a Resolution Accepting the City-Wide Pedestrian Safe Routes and Mobility Improvements, City Project No. 86510, by Ray’s Electric RECOMMENDATION Staff recommends that the City Council adopt the attached resolution accepting the City-Wide Pedestrian Safe Routes and Mobility Improvements, City Project No. 86510, in the amount of $335,898.29. BACKGROUND On December 4, 2023, the City Council awarded the City-Wide Pedestrian Safe Routes and Mobility Improvements Project to Ray’s Electric in the amount of $306,455.10 (Resolution No. 142- 2023). The City-Wide Pedestrian Safe Routes and Mobility Improvements Project focused on enhancing pedestrian safety and mobility across the city. The scope included the implementation of quick- build pedestrian improvements; upgrading existing crosswalks to high-visibility designs with advanced stop bars; adding striped curb extensions, red curbing, and delineators; and installing Rectangular Rapid Flashing Beacons to further ensure pedestrian safety and accessibility. DISCUSSION The project has been satisfactorily completed in compliance with the plans and specifications. The final project construction cost is $335,898.29, which is $29,443.19 higher than the original contract price. The increase in cost is within the Council-approved 15% contingency and was due to extra delineators and adjustments due to unforeseen field conditions. In addition, up to $200,000 of the $335,898.29 expenditure will be reimbursed by federal funds as part of the MTC Quick Strike program grant funds. Acceptance of City-Wide Pedestrian Safe Routes and Mobility Improvements December 2, 2024 2 FISCAL IMPACT Estimated Project Expenditures: The following are the estimated project construction expenditures: Construction $335,898.29 Construction Inspection, Testing and Public Relations $62,730.00 Engineering Administration $28,906.00 Total $427,534.29 Funding Availability: The project is funded through a combination of sources, including the Federal One Bay Area Grant (OBAG) Program, Gas Tax revenues, and General Funds. There are adequate funds in the CIP Program to cover the project costs as follows: CIP 329-86510 – MTC Quick Strike Ped Safety Grant Project $230,000.00 CIP 329-85650 – Pedestrian Improvements $100,000.00 CIP 329-86400 – Street Resurfacing Program 2023 $100,000.00 Total $430,000.00 Exhibits: • Resolution • Final Progress Payment • Project Location Map RESOLUTION NO. _______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME ACCEPTING IMPROVEMENTS – CITYWIDE PEDESTRIAN SAFE ROUTES & MOBILITY IMPROVEMENTS PROJECT BY GRUENDL DBA RAY’S ELECTRIC CITY PROJECT NO. 86510 FEDERAL AID PROJECT NO. CML-5171(026) WHEREAS, on December 4, 2023, the City Council awarded the City-Wide Pedestrian Safe Routes and Mobility Improvements Project to Ray’s Electric, in the amount of $306,455.10 (Resolution No. 142-2023); and WHEREAS, the City-Wide Pedestrian Safe Routes and Mobility Improvements Project focused on enhancing pedestrian safety and mobility across the City; and WHEREAS, the project has been satisfactorily completed in compliance with the plans and specifications; NOW, THEREFORE BE IT RESOLVED by the CITY COUNCIL of the City of Burlingame, California, and this Council does hereby find, order and determine as follows: 1. The Director of Public Works of said City has certified the work done by Ray’s Electric, under the terms of its contract with the City dated December 22, 2023, has been completed in accordance with the plans and specifications approved by the City Council and to the satisfaction of the Director of Public Works. 2. Said work is particularly described as City Project No. 86510 and Federal Aid Project No. CML-5171(026). 3. Said work be and the same hereby is accepted. __________________________ Donna Colson, 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 2nd day of December, 2024, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ____________________________ Meaghan Hassel Shearer, City Clerk 8/7/24 PROJECT LOCATION MAP CITY-WIDE PEDESTRIAN SAFE ROUTES & MOBILITY IMPROVEMENTS PROJECT CITY PROJECT NO. 86510 FEDERAL AID PROJECT NO. CML-5171(026) 1 STAFF REPORT AGENDA NO: 9c MEETING DATE: December 2, 2024 To: Honorable Mayor and City Council Date: December 2, 2024 From: Neda Zayer, Community Development Director – (650) 558-7253 Subject: Adoption of a Resolution Authorizing the City Manager to Execute Amendment No. 2 to Extend the Term of the Professional Services Agreement with ICF Jones & Stokes, Inc. (ICF) to December 31, 2027, to Perform Environmental Review Services Related to the Proposed Development of a New Public Nature/Recreation Park and Education Center Building at 410 Airport Boulevard RECOMMENDATION Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute Amendment No. 2 to the Professional Services Agreement (“Amendment No. 2) to extend the term of the Professional Services Agreement with ICF Jones & Stokes, Inc. (ICF) for environmental review services for the proposed development of a new public nature/recreation park and education center building at 410 Airport Boulevard. BACKGROUND The City of Burlingame received an application from the SPHERE Institute on July 28, 2021, for Environmental Review, Commercial Design Review, a Conditional Use Permit, and a Parking Variance for a new public nature/recreation park and education center building at 410 Airport Boulevard. The proposed project is a collaboration between SPHERE (not-for-profit) and the San Mateo Resource Conservation District to transform the vacant parcel of bayfront land into a public nature and recreation park with an education center building. The project is subject to environmental review pursuant to the California Environmental Quality Act (CEQA) and requires an Initial Study/Mitigated Negative Declaration (IS/MND). On December 5, 2022, the City Council adopted Resolution No. 141-2022, which 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 $116,609.32. DISCUSSION The Planning Commission reviewed the project on February 14, 2022, and provided comments. Since then, the Applicant has revised the project/plans in response to Planning Commission and Bay Conservation Development Commission (BCDC) comments. The Applicant has also been working on securing funding to complete the environmental review for the project. ICF began Professional Services Agreement with ICF – Amendment December 2, 2024 2 working on the environmental document in November 2023. Staff would note that during preparation of the environmental document, the Applicant placed the project on hold for various internal reasons but is now actively working with the City and ICF to complete the environmental analysis. The term of the original Professional Services Agreement was through December 31, 2023, and was extended once to December 31, 2024, through Amendment No. 1. For the reasons noted above, ICF’s consulting services will need to be extended again. Staff recommends extending the term in the Agreement to December 31, 2027, in order to avoid any future requests for amendments to the Agreement. Environmental review is a duty imposed on the lead agency under state law, required for a development applicant. Although the contract is with the City of Burlingame, the applicant will pay the City to cover the costs of the environmental review. Attached is the draft Amendment No. 2 to the Agreement for Professional Services with ICF to extend the term to perform the planning services required for the 410 Airport Boulevard application to December 31, 2027. Because the cost of the original agreement exceeds $100,000, Council approval of the amendment is required. No other changes to the Agreement or budget are proposed. FISCAL IMPACT Funding for the project's environmental review is provided by the project applicant. Therefore, there will be no fiscal impact to the City's budget. Exhibits: • Proposed Resolution • Draft Amendment No. 2 to Agreement for Professional Services • Originally Executed Agreement for Professional Services, March 2, 2023, including ICF Scope of Work 1 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH ICF JONES & STOKES, INC. (ICF) TO PERFORM ENVIRONMENTAL REVIEW SERVICES FOR THE PROPOSED DEVELOPMENT AT 410 AIRPORT BOULEVARD WHEREAS, pursuant to City Council Resolution No. 141-2022, the City of Burlingame (“City”) executed a professional services agreement (“Agreement”) with ICF Jones & Stokes, Inc. (ICF) (“Consultant”) for $116,609.32, dated March 2, 2023, for the preparation of a CEQA document for the public nature/recreation park and education center building at 410 Airport Boulevard (the “Project”); and WHEREAS, through the approval of Amendment No. 1, the term of the Agreement was extended to terminate on December 31, 2024, in order to accommodate the duration of time needed to complete the environmental review of the development application for the Project; and WHEREAS, the Applicant placed the Project on hold for some time, which paused work on the environmental document; therefore, the parties wish to extend the term of the Agreement to terminate on December 31, 2027, in order to accommodate the additional time needed to complete the environmental review of the development application for the Project; and WHEREAS, because this Amendment No. 2 is to an agreement that was previously authorized by City Council as the work was in excess of $100,000, City Council approval is required. NOW, THEREFORE, BE IT RESOLVED AND ORDERED: 1. The City Manager is authorized and directed to enter into Amendment No. 2 to the Professional Services Agreement with ICF to provide environmental review services for the 410 Airport Boulevard development application, with a term to be extended to December 31, 2027. 2. Except as expressly amended in this Amendment No. 2, all other terms and conditions contained in the Agreement and Amendment No. 1 shall remain in full force and effect. 3. The City Clerk is directed to attest to the signature of the City Manager upon execution of the Amendment No. 2. _______________________________ Mayor 2 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 2nd day of December, 2024, and was adopted thereafter by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: _______________________________ City Clerk AMENDMENT NO. 2 TO AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF BURLINGAME AND ICF JONES & STOKES, INC. (ICF) TO PERFORM ENVIRONMENTAL REVIEW SERVICES RELATED TO THE PROPOSED DEVELOPMENT OF A NEW PUBLIC NATURE/RECREATION PARK AND EDUCATION CENTER BUILDING AT 410 AIRPORT BOULEVARD, BURLINGAME THIS AMENDMENT NO. 2 TO AGREEMENT FOR PROFESSIONAL SERVICES (“Amendment No. 2”) is by and between ICF Jones & Stokes, Inc. (ICF) (“Consultant”) engaged in preparation of a CEQA document for the public nature/recreation park and education center building at 410 Airport Boulevard, Burlingame, and the City of Burlingame, a public body of the State of California ("City"), amends the Agreement for Professional Services between the parties dated March 2, 2023, hereinafter called the “Agreement”. RECITALS WHEREAS, the parties wish to extend the term of the Agreement to terminate on December 31, 2027, in order to accommodate the duration of time needed to complete the environmental review of the development application for the project at 410 Airport Boulevard, Burlingame. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. The City Manager is authorized and directed to enter into Amendment No. 2 to the Professional Services Agreement with ICF to provide environmental review services for the 410 Airport Boulevard development application, with a term to be extended to December 31, 2027. 2. Except as expressly amended in this Amendment No. 2, all other terms and conditions contained in the Agreement and Amendment No. 1 shall remain in full force and effect. IN WITNESS WHEREOF, Consultant and City execute this Amendment No. 2 to the Agreement. CITY OF BURLINGAME CONSULTANT 501 Primrose Road ICF JONES & STOKES, INC. Burlingame, CA 94010 201 Mission Street, Suite 1500 San Francisco, CA 94105 By: By: Lisa K. Goldman Teaka Manley City Manager Contracts Administrator Date: Date: Amendment No. 2 to Agreement for Professional Services between ICF Jones & Stokes, Inc. (ICF) and the City of Burlingame 2 Attest: Federal Employer ID Number: Meaghan Hassel-Shearer License Number: N/A City Clerk Expiration Date: N/A Approved as to form: Michael Guina City Attorney Attachments: Exhibit A – Originally Executed Contract, Scope of Work and Certificate of Liability Insurance AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF BURLINGAME AND ICF JONES & STOKES, INC. (ICF) TO PERFORM ENVIRONMENTAL REVIEW SERVICES RELATED TO THE PROPOSED DEVELOPMENT OF A NEW PUBLIC NATURE/RECREATION PARK AND EDUCATION CENTER BUILDING AT 410 AIRPORT BOULEVARD IN THE AMOUNT OF $116,609.32 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 $116,609.32, as stated in their response to the request for proposals, including all materials and other reimbursable amounts (“Maximum Compensation”), to perform environmental review services related to the proposed development of a new public nature/recreation park and education center building at 410 Airport Boulevard, 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, 2023, 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: 2FA8CC53-494D-4464-831A-E6F2DC1EA475 2 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: 2FA8CC53-494D-4464-831A-E6F2DC1EA475 3 Consultant shall keep it in effect at all times during the term of this Agreement, and that any applicable bond shall be posted in accordance with all applicable laws and regulations. 10. Conflict of Interest. Consultant warrants and covenants that Consultant presently has no interest in, nor shall any interest be hereinafter acquired in, any matter which will render the services required under the provisions of this Agreement a violation of any applicable state, local, or federal law. In the event that any conflict of interest should nevertheless hereinafter arise, Consultant shall promptly notify City of the existence of such conflict of interest so that the City may determine whether to terminate this Agreement. Consultant further warrants its compliance with the Political Reform Act (Government Code § 81000 et seq.) respecting this Agreement. 11. Whole Agreement and Amendments. This Agreement constitutes the entire understanding and Agreement of the parties and integrates all of the terms and conditions mentioned herein or incidental hereto and supersedes all negotiations or any previous written or oral Agreements between the parties with respect to all or any part of the subject matter hereof. The parties intend not to create rights in, or to grant remedies to, any third party as a beneficiary of this Agreement or of any duty, covenant, obligation, or undertaking established herein. This Agreement may be amended only by a written document, executed by both Consultant and the City Manager, and approved as to form by the City Attorney. Such document shall expressly state that it is intended by the parties to amend certain terms and conditions of this Agreement. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. Multiple copies of this Agreement may be executed but the parties agree that the Agreement on file in the office of the City Clerk is the version of the Agreement that shall take precedence should any differences exist among counterparts of the document. This Agreement and all matters relating to it shall be governed by the laws of the State of California. 12. Capacity of Parties. Each signatory and party hereto warrants and represents to the other party that it has all legal authority and capacity and direction from its principal to enter into this Agreement and that all necessary actions have been taken so as to enable it to enter into this Agreement. 13. Severability. Should any part of this Agreement be declared by a final decision by a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond the authority of either party to enter into or carry out, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement, absent the unexcised portion, can be reasonably interpreted to give effect to the intentions of the parties. 14. Notice. Any notice required or desired to be given under this Agreement shall be in writing and shall be personally served or, in lieu of personal service, may be given by (i) depositing such notice in the United States mail, registered or certified, return receipt requested, postage prepaid, addressed to a party at its address set forth in Exhibit A; (ii) transmitting such notice by means of Federal Express or similar overnight commercial courier (“Courier”), postage paid and addressed to the other at its street address set forth below; (iii) transmitting the same by DocuSign Envelope ID: 2FA8CC53-494D-4464-831A-E6F2DC1EA475 4 facsimile, in which case notice shall be deemed delivered upon confirmation of receipt by the sending facsimile machine’s acknowledgment of such with date and time printout; or (iv) by personal delivery. Any notice given by Courier shall be deemed given on the date shown on the receipt for acceptance or rejection of the notice. Either party may, by written notice, change the address to which notices addressed to it shall thereafter be sent. 15. Miscellaneous. Except to the extent that it provides a part of the definition of the term used herein, the captions used in this Agreement are for convenience only and shall not be considered in the construction of interpretation of any provision hereof, nor taken as a correct or complete segregation of the several units of materials and labor. Capitalized terms refer to the definition provide with its first usage in the Agreement. When the context of this Agreement requires, the neuter gender includes the masculine, the feminine, a partnership or corporation, trust or joint venture, and the singular includes the plural. The terms “shall”, “will”, “must” and “agree” are mandatory. The term “may” is permissive. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. When a party is required to do something by this Agreement, it shall do so at its sole cost and expense without right to reimbursement from the other party unless specific provision is made otherwise. Where any party is obligated not to perform any act, such party is also obligated to restrain any others within its control from performing such act, including its agents, invitees, contractors, subcontractors and employees. IN WITNESS WHEREOF, Consultant and City execute this Agreement. CITY OF BURLINGAME ICF JONES & STOKES, INC. 501 Primrose Road 201 Mission Street, Suite 1500 Burlingame, CA 94010 San Francisco, CA 94105 By: By: Lisa Goldman Trina L. Prince City Manager Contracts Administrator III Date: Date: DocuSign Envelope ID: 2FA8CC53-494D-4464-831A-E6F2DC1EA475 3/1/20233/2/2023 5 Attest: Federal Employer ID Number: 94-1730361 Meaghan Hassel-Shearer License Number: City Clerk Expiration Date: Approved as to form: Michael Guina City Attorney Attachments: Exhibit A Scope of Work Exhibit B City Insurance Provisions DocuSign Envelope ID: 2FA8CC53-494D-4464-831A-E6F2DC1EA475 201 Mission Street, Suite 1500, San Francisco, CA 94105 USA +1.415.677.7100 +1.415.677.7177 fax icf.com November 30, 2022 Ruben Hurin, Planning Manager 501 Primrose Road, Burlingame, CA 94010 Subject: Proposal to Prepare Environmental Documentation for the 410 Airport Boulevard Project Dear Mr. Hurin, ICF Jones & Stokes, Inc. (“ICF”) is pleased to submit this proposal to prepare an Initial Study/Mitigated Negative Declaration (IS/MND) for the 410 Airport Boulevard Project. We have assembled a skilled team to help the City of Burlingame (City) successfully and efficiently prepare an IS/MND in compliance with the California Environmental Quality Act (CEQA). We understand that the City will work in collaboration with the State Lands Commission (SLC) as a responsible agency under CEQA. This scope of work reflects the Project information provided in the Request for Proposals (RFP), our knowledge of the area, our experience working on other projects in Burlingame, and our experience working with the SLC. 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. The 10.23-acre project site is comprised of two parcels leased from the SLC that border the Sanchez Channel and San Francisco Bay. The project site is vacant and includes a Federal Aviation Administration (FAA) tower, an unimproved portion of the Bay Trail along the bay side, and two substandard parking surfaces. The Project would transform the vacant parcel into a public nature and recreation park with an 8,564-square foot (sf) education center/event building, a 682-sf trash enclosure, and 28 parking spaces. The Project would also restore the natural tidal marsh ecology of the portion of the San Francisco Bay shoreline, among other improvements, including (but not limited to) sea level rise resiliency measures, a fishing overlook, and secondary trails throughout the site. As demonstrated in our proposal, ICF has formed a team of expert staff to successfully and efficiently provide environmental review services for the City. We are excited to work with you on this important project and believe we are the best fit for your needs. This submittal includes our scope of work, cost estimate, and tentative schedule for the IS/MND. 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 Heidi Mekkelson, our proposed Project Director, at Heidi.Mekkelson@icf.com. We look forward to hearing from you. Sincerely, Trina L. Prince, Contracts Administrator III Exhibit A DocuSign Envelope ID: 2FA8CC53-494D-4464-831A-E6F2DC1EA475 Proposal to Prepare an IS/MND for the 410 Airport Boulevard Project in Burlingame, CA August 2022 Page 1 1.INTRODUCTION ICF Jones & Stokes, Inc., hereafter referred to as “ICF”, a global consulting and technology services provider, is the bidding entity for this proposal and a subsidiary of parent company ICF International, Inc. (NASDAQ:ICFI). We are business analysts, public policy experts, technologists, researchers, digital strategists, social scientists, and creatives delivering for our clients for over 50 years. Since our founding, by a Tuskegee Airman in 1969, Government and commercial clients have worked with ICF to overcome their toughest challenges on issues that matter profoundly to their success. We help clients turn big goals into realities every day. ICF is a recognized leader in CEQA compliance and has prepared thousands of environmental impact studies and related documents since 1970. Today, ICF’s Environment & Planning division has more than 300 environmental professionals in several states, with northern California offices in San Francisco and Sacramento. ICF provides our clients with high quality, objective environmental planning services emphasizing compliance with an increasingly complex array of environmental laws and regulations. We have decades of experience helping local clients implement the requirements of California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA), including extensive local experience preparing environmental documentation and technical analyses for high-profile projects. Our recent local experience in the City of Burlingame includes the 567 Airport Boulevard Project (IS/MND), 1499 Bayshore Project (IS/MND), 1766 El Camino Real Project (Class 32 Infill Exemption and IS/MND), 1868 Ogden Drive Project (EIR), 220 Park Road Project (Initial Study Checklist), and the Burlingame Point Project (EIR and EIR Addendum). We’ve collaborated closely with the City on all of these projects to produce complete and thorough environmental analyses. In addition, as discussed in more detail in the following section, ICF has experience that is directly relevant to the needs of the State Lands Commission (SLC or Commission). ICF is committed to providing Commission staff with the highest-quality service and support for the project and tasks by: Being available to respond rapidly to requests. Conducting thorough and defensible biological and cultural resource evaluations and other services to support California Environmental Quality Act compliance. Identifying resource and regulatory constraints early to assist in avoiding significant impacts and costly mitigation. Accurately assessing impacts of projects and presenting accurate and unbiased results in a timely fashion. Providing up-front and proactive regulatory guidance to help Commission staff understand and develop regulatory compliance strategies. Providing complete, edited, and peer-reviewed deliverables. DocuSign Envelope ID: 2FA8CC53-494D-4464-831A-E6F2DC1EA475 Proposal to Prepare an IS/MND for the 410 Airport Boulevard Project in Burlingame, CA August 2022 Page 2 Our long-standing relationships with the City of Burlingame and other major cities in the region have enabled us to gain efficiencies in our approach, while gaining an understanding of the intricacies of doing environmental review work in the Bay Area. With our deep bench of talented technical staff and our efficient management approach, ICF knows how to streamline the environmental review process to accommodate aggressive and challenging schedules while complying with regulatory requirements and effectively meeting our clients’ needs. 2. ICF TEAM AND PROJECT EXPERIENCE ICF is proposing a team of dedicated professionals who are familiar with the City of Burlingame, who are knowledgeable about local issues, and who have the capacity to provide timely and exceptional environmental services for the 410 Airport Boulevard Project (Project). We have deliberately put forth the same management team that has recently worked on or is currently working on several other projects with the City of Burlingame. Each proposed specialist has a key area of expertise to contribute and will work closely with the Project team on all aspects of the Project to keep the process cohesive. Resumes for key staff are included in Attachment C. Additional staff resumes are available upon request. City of Burlingame State Lands Commission Land Use Devan Atteberry Aesthetics Kirsten Chapman Transportation Victoria Chung Air Quality / Greenhouse Gas Jacqueline Mansoor Cory Matsui Pierre Glaize Energy Pierre Glaize Devan Atteberry Noise Peter Hardie Noah Schumaker Cultural/Tribal Cultural Resources Jennifer Wildt Jon Rusch Tait Elder Biological Resources Ross Wilming (Wildlife) Lisa Webber (Wetlands) Jeff Kozlowski (Marine) Geology and Soils Diana Roberts Heidi Mekkelson, Project Director Devan Atteberry, Project Manager Victoria Chung, Deputy Project Manager Hydrology and Water Quality Katrina Sukola Hazards and Hazardous Materials Diana Roberts Mario Barrera Population and Housing Kate Thompson Public Services/Utilities/Recreation Victoria Chung Kate Thompson Document Production and Graphics John Mathias John Conley DocuSign Envelope ID: 2FA8CC53-494D-4464-831A-E6F2DC1EA475 Proposal to Prepare an IS/MND for the 410 Airport Boulevard Project in Burlingame, CA August 2022 Page 3 Project Experience ICF has a long reputation as a leader in the preparation of documents on infill development and commercial, housing, infrastructure, and transportation projects throughout the Bay Area. ICF has worked on several projects throughout Burlingame, including ongoing office, residential, and mixed-use projects. Our project experience includes multiple projects within the Bayfront area, including the 1499 Bayshore Project, the Burlingame Point Project, and the 567 Airport Boulevard Project, which is adjacent to the Project site. We also have extensive experience working with the SLC on projects in the Public Trust. The following highlights the ICF team’s experience preparing CEQA documentation for relevant projects within the City of Burlingame and with the SLC. Experience in Burlingame 567 Airport Boulevard Project (Completed October 2021) The project would include the construction of an eight-story, 241,679 sf office/research and development (R&D) building and a 5.5-level parking structure on the site of an existing parking lot. The new parking structure, as well as surface parking lots, would include 1,520 parking spaces for the new and existing buildings within the Bay Park Plaza. The Project would also provide new landscaped areas, including promenades, outdoor seating areas, walkways, patios, look-outs, plazas, and stormwater treatment areas. ICF prepared an IS/MND for the project. Burlingame Point Project (Previously known as 300 Airport Boulevard Project) (Completed July 2016) The EIR for the project, previously known as the 300 Airport Boulevard Project, was certified in 2012. Subsequent to the certification of the EIR, changes to the project were made, which required additional environmental analysis. ICF prepared an EIR Addendum analyzing changes in the building area and footprints, new project elements, and new construction phasing. 1499 Bayshore Project IS/MND (Completed September 2019) The project site is located on a 2.19-acre parcel in the Bayfront area of the City of Burlingame. ICF prepared an IS/MND for this project, which entails demolishing two existing two-story office buildings and surface parking in order to construct a 154-foot tall, 12-story hotel building and a detached 28-foot tall restaurant on the site. The project required design review and a conditional use permit. DocuSign Envelope ID: 2FA8CC53-494D-4464-831A-E6F2DC1EA475 Proposal to Prepare an IS/MND for the 410 Airport Boulevard Project in Burlingame, CA August 2022 Page 4 The Village at Burlingame Project (Completed December 2018) ICF prepared a Class 32 Infill Exemption for this project that included the development of two existing surface parking lot sites, within the Burlingame Downtown Specific Plan, into a 137,460-gross-square-foot residential building with parking, and a five-story public parking garage for 388 vehicles. Since the project site is within the Burlingame Downtown Specific Plan, the Project is subject to the Standard Conditions of Approval (SCA), which apply to all projects within the Specific Plan area. Experience with the Public Trust Subsea Cable Projects (Ongoing) ICF assisted the State Lands Commission with the preparation of CEQA documents for the international subsea RTI Solutions’ Subsea Cables Projects and coordinated with local, state, and federal agencies (USACE/CWA Section 404 and Rivers and Harbors Act Section 10; USFWS and NMFS ESA; State Historic Preservation Office/National Historic Preservation Act [NHPA] Section 106; state agencies/CWA Section 401 and 402; CZMA permits; and multiple state agencies). The USACE is the federal lead agency. ICF was involved with the marine biological reports, marine wildlife monitoring and contingency plans, aquatic resources delineations, terrestrial and marine cultural reports (to Section 106 standards), marine archaeological resources avoidance plans, and biological assessments (BAs)/Essential Fish Habitat (EFH) assessments to support USFWS and NMFS consultations. On behalf of the state lead agency, ICF is currently monitoring terrestrial and marine biological and cultural resources and documenting compliance with environmental commitments and permit conditions for the California Pacific Coast Subsea Cables Projects. Stagecoach Solar Project (Ongoing) ICF prepared a habitat conservation plan and desert tortoise translocation plan for the Stagecoach Solar Project. The effort supported an application to the U.S. Fish and Wildlife Service (USFWS) for an incidental take permit (ITP) under the federal Endangered Species Act (ESA) for desert tortoise. The plan area is in central San Bernardino County and covers 3,655 acres. Included within that area are the 1,860-acre solar facility area, the desert tortoise translocation area, the mitigation area, the gen-tie corridor, and access roads. The plan also covers construction of a 9.1-mile overhead line and a 5.9-mile underground line. The Commission owns and manages the facility siting area and manages lands for segments of the gen-tie corridor. DocuSign Envelope ID: 2FA8CC53-494D-4464-831A-E6F2DC1EA475 Proposal to Prepare an IS/MND for the 410 Airport Boulevard Project in Burlingame, CA August 2022 Page 5 Mission Rock Project EIR (Completed December 2018) ICF prepared an EIR for a project located within the Port of San Francisco for an approximately 27-acre site consisting of Seawall Lot 337, Block P20 (both properties are designated as CA State Lands Commission public land trusts) and Pier 48, known as the Mission Rock Mixed-Use Project. The Project included the development of a mixed-use, multi-phase waterfront development of Seawall Lot 337, rehabilitation and reuse of Pier 48, and construction of approximately 5.4 acres of net new open space, for a total of 8 acres of open space on site. The Project also includes public access areas, assembly areas, and an internal grid of public streets, shared public ways, and utilities infrastructure. Other Local Experience In addition to the projects above, our team has extensive experience working on CEQA documents for jurisdictions in the Peninsula/Silicon Valley/South Bay, as listed below. This is not an exhaustive list of projects completed by ICF in the area. Additional project information is available upon request. Adrian Court Project Class 32 Infill Exemption—City of Burlingame 126 Lorton Avenue Project Class 32 Infill Exemption—City of Burlingame 601 California Drive Project Class 32 Infill Exemption—City of Burlingame 30 Ingold Project Class 32 Infill Exemption—City of Burlingame 1868 Ogden Drive Project EIR—City of Burlingame 1100 El Camino Real Sustainable Communities Environmental Asssessment (SCEA)—City of Millbrae 959 El Camino Real Class 32 Infill Exemption—City of Millbrae West Oakland Link IS/MND—Bay Area Toll Authority San Francisco Housing Element 2022 Update EIR—City and County of San Francisco Planning Department The Hub Plan and Multiple Projects in the Market Octavia Area Program/Project EIR—City and County of San Francisco Planning Department 3700 California Street EIR—City and County of San Francisco Planning Department Various Community Plan Exemptions— City and County of San Francisco Planning Department Southline Specific Plan Project EIR—City of South San Francisco 751 Gateway Project EIR—City of South San Francisco Bayhill Specific Plan EIR—City of San Bruno DocuSign Envelope ID: 2FA8CC53-494D-4464-831A-E6F2DC1EA475 Proposal to Prepare an IS/MND for the 410 Airport Boulevard Project in Burlingame, CA August 2022 Page 6 Multiple Office and Research and development Project EIRs—City of Menlo Park Willow Village Master Plan Project EIR—City of Menlo Park Various CEQA Streamlining Infill Projects—City of Oakland 3. PROJECT UNDERSTANDING AND APPROACH The 10.23-acre Project site at 410 Airport Boulevard is currently vacant with an existing FAA tower, an unimproved portion of the Bay Trail along the bay side, and two substandard parking surfaces. The Proposed Project, a collaboration between the SPHERE Institute and the San Mateo Resource Conservation District, would transform the vacant parcel into a public nature and recreation park with an 8,564-sf education center/event building, a 682-sf trash enclosure, and a drop-off loop and one-way drive that would enter the Project site from Airport Boulevard and exit onto Bay View Place. The one-way drive would contain 23 off-street parking spaces, for a total of 28 parking spaces to be provided on-site. In addition, the Project would also restore the natural tidal marsh ecology of the portion of the San Francisco Bay shoreline within the Project site with native plant species, among other improvements, including improving the Bay Trail Section and water access and recreation (kayak launch and kitesurfing ramp), and providing new viewing decks and patios, a small take-out café, multi-purpose and lawn areas, a fishing overlook, secondary trails throughout the site, an interpretive program, and a sea level rise resiliency demonstration. Further, the Project would incorporate a small building (20’ x 20’) to store two jet skis, personal protective equipment, and rescue equipment required by the Central County Fire Department (CCFD) in order to serve a potential increase in water rescue incidents. ICF has reviewed the information included with the RFP. Based on our preliminary review, we believe an IS/MND can provide the required level of environmental review under CEQA. This submittal includes a scope of work, cost estimate, and tentative schedule for ICF to prepare an IS/MND. The IS/MND will incorporate the technical studies prepared by the applicant, including the Transportation Study prepared by Hexagon Transportation Consultants, Inc., (August 2021), the Hydrology Technical Memorandum prepared by CBEC Eco Engineering (November 2021), the Soil Management Plan prepared by Langan (July 2021), the Biological Resources Report prepared by H.T. Harvey & Associates (November 2021), the Records Search and Literature Review conducted by PaleoWest (January 2022), and the Noise and Vibration Assessment prepared by Illingworth & Rodkin (February 2022). Please note that if it becomes evident that the Project would have the potential to result in significant and unavoidable impacts on the environment, an EIR will be required. If this is the case, ICF will submit an amended scope of work and budget for an EIR. Overall, ICF’s approach is to rely, where appropriate, on the conclusions made in the Envision Burlingame General Plan EIR. Where site-specific analysis is required, this scope of work includes additional analysis to consider site specific impacts from the Project. In addition, the Bayfront Specific Plan will be referenced where needed. DocuSign Envelope ID: 2FA8CC53-494D-4464-831A-E6F2DC1EA475 Proposal to Prepare an IS/MND for the 410 Airport Boulevard Project in Burlingame, CA August 2022 Page 7 4. SCOPE OF WORK This scope of work (SOW) assumes that an IS/MND will be prepared for the Project in accordance with the CEQA Guidelines, as outlined below. For all deliverables, this scope assumes that comments from multiple reviewers (e.g., City and SLC staff) will be consolidated and that conflicting comments will be resolved prior to transmitting the comments to ICF. If the City allows the applicant to review draft reports, we assume the City will review and consolidate applicant comments prior to transmitting the comments to ICF. This scope also assumes that reviewer comments will not result in substantial revisions or changes to the analysis methodology or assumptions. If additional effort is required to address reviewer comments, ICF will submit a budget amendment request. Task 1: Kick-Off Meeting/Data Collection This task includes initiating the CEQA process/kick-off meeting; preparing a comprehensive data needs list; conducting a site visit (as permitted); reviewing site plans and preliminary studies; and refining the scope of work and schedule. At the kick-off meeting with City staff, SLC staff, and the applicant (at the City’s discretion), the following will be discussed: procedures for contacting the applicant team, City staff, SLC staff, and public agencies; data needs required to complete the IS/MND; the proposed scope of work; and schedule. Deliverables: One draft and one final SOW; refined schedule; kick-off meeting agenda; data needs request; and summary of kick-off meeting. Task 2: Project Description A clear and accurate Project Description is essential to the IS/MND analysis. ICF will prepare a Project Description based on information provided by the City and applicant team, a site visit, data needs responses, and review of the project application, plan sets, and supplemental reports. The Project Description will include the following: Project Overview and Background Project Site Location Environmental Setting Project Components  Site plan  Site access, circulation, and parking  Project design, architectural themes, massing, building design, potential sustainable design features, and materials  Amenities such as landscaping, lighting, signage, and gathering spaces  Utilities  Recycling and Waste Construction Project Approvals DocuSign Envelope ID: 2FA8CC53-494D-4464-831A-E6F2DC1EA475 Proposal to Prepare an IS/MND for the 410 Airport Boulevard Project in Burlingame, CA August 2022 Page 8 This scope of work assumes the preparation of up to six figures for the Project Description. ICF will prepare or obtain all graphics, charts, maps, and photographs for the IS/MND but may request input from the applicant to help make such exhibits. ICF will address reviewer comments on the draft of the Project Description. The second draft of the Project Description will be included in the Administrative Draft IS/MND (Task 3, below). Deliverables: One electronic copy of the draft Project Description in both MS Word and PDF formats. Task 3: Preparation of Administrative Draft IS/MND 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 finalize and begin the IS/MND analysis. For this task, principal activities would include: Synthesizing information from existing background documents 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 review, we anticipate that the project would result in no impacts to the following environmental topics. 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). 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). DocuSign Envelope ID: 2FA8CC53-494D-4464-831A-E6F2DC1EA475 Proposal to Prepare an IS/MND for the 410 Airport Boulevard Project in Burlingame, CA August 2022 Page 9 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. Aesthetics The Project site is comprised of two parcels leased from the SLC. The site is currently vacant with an existing FAA tower, an unimproved portion of the Bay Trail along the bay side, and two substandard parking surfaces (one gravel and one concrete). The areas surrounding the Project site (west, south and east) are developed areas with existing multi-tenant office/life science buildings, hotels, restaurants and associated paved surface parking lots. The Project site is a waterfront property bordering the San Francisco Bay and Sanchez Canal to the north. The Project would result in new structures on-site including an educational center/event building and associated support structures. ICF will address visual resources/aesthetics as they relate to scenic vistas, scenic resources (including trees), visual character and quality, and light and glare. 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 View Corridor zoning requirements for the Anza Area. This scope assumes a Design Review Study will be provided, which ICF will review and incorporate into the IS/MND. Air Quality and Greenhouse Gas Emissions ICF will prepare the air quality and GHG sections of the IS/MND. The setting sections will briefly describe the pollutants of concern generated by the project, summarize meteorological and climatological data for the project area, identify the general locations of existing sensitive receptors, and discuss applicable air quality and climate change goals, policies, and plans. ICF will use the BAAQMD’s most recent CEQA Guidelines to evaluate project impacts. ICF will describe the air quality thresholds used to identify significant impacts based on the BAAQMD’s Guidelines and guidance provided by BAAQMD staff, as well as the methodology used to estimate construction and operational emissions. To the extent appropriate and feasible, ICF will rely on information from the General Plan EIR and the 2019 Climate Action Plan. The following site-specific analysis will be conducted to evaluate air quality and GHG impacts, and the IS/MND will address the following topics: Construction Impacts. Project construction activities would involve the use of off-road construction equipment and on-road vehicles, which would generate emissions of ROG, NOX CO, SO2, PM10, PM2.5, and GHGs. In addition, off-road construction equipment traveling over unpaved surfaces and performing earthmoving activities such as site clearing or grading would generate fugitive dust emissions, while architectural coating and paving activities would generate evaporative ROG emissions. BAAQMD has screening tables that identify certain land use types that are not expected to result in air quality or GHG impacts from construction; however, those tables can only be used if the project would not involve demolition; simultaneous occurrence of more than two construction phases; extensive site preparation; or extensive material transport. ICF assumes that the Project would not meet these criteria and a quantitative analysis of construction criteria pollutants would be DocuSign Envelope ID: 2FA8CC53-494D-4464-831A-E6F2DC1EA475 Proposal to Prepare an IS/MND for the 410 Airport Boulevard Project in Burlingame, CA August 2022 Page 10 necessary. Construction emissions will be quantified using the CalEEMod emissions model or a similar methodology and data collected from the project applicant. The analysis of construction impacts will also address construction-related mitigation measures recommended by the Bay Area Air Quality Management District’s (BAAQMD), including adherence to BAAQMD rules and regulations. Estimated criteria pollutant emissions will be compared to the BAAQMD’s construction emission thresholds to determine project significance for construction activities. If emissions are found to be significant, mitigation measures will be developed and quantified to the extent feasible to address identified impacts. Estimated GHG emissions will also be discussed, as well as compliance with BAAQMD’s recommended GHG emission reduction measures. Operational Impacts. BAAQMD has screening tables that identify certain land use types that are not expected to result in air quality or GHG impacts from long-term operation. The size for the proposed land use – nine acres – is less than the screening levels for the corresponding land use type screening criteria for operational criteria pollutants (e.g., a city park). Accordingly, ICF will qualitatively discuss criteria pollutant impacts using the BAAQMD screening criteria. Localized carbon monoxide hot spots. ICF will review traffic data from the transportation analysis for affected intersections (i.e., Level of Service (LOS]) and the BAAQMD’s CO screening criteria to determine the need for localized CO modeling and evaluate CO impacts. If a hotspot analysis is determined to be necessary, ICF will use peak hour traffic volumes from the traffic consultant, the CALINE4 dispersion model, and the latest version of EMFAC to estimate CO concentrations at up to three (3) locations. CO impacts will be assessed comparing estimated CO concentrations to the ambient air quality standards. Toxic Air Contaminants. There are no apparent sensitive receptors within 1,000 feet of the Project site, and thus a quantitative Health Risk Assessment (HRA) may not be necessary based on current BAAQMD guidelines. However, ICF understands that BAAQMD may be releasing new CEQA guidance in 2022 for HRAs that recommends that off-site workers be classified as sensitive receptors. Under such guidelines, there would be multiple sensitive receptors within 1,000 feet of the Project site, because there are several office developments and hotels where workers are located. As such, our scope includes an optional task to prepare a quantitative HRA to evaluate the impacts of construction of the Project on off-site workers in the area. ICF assumes that no sources of toxic air contaminants would be present during project operations (only during construction). This scope of work assumes that toxic air contaminants from construction will be addressed qualitatively and no modeling will be conducted. o Optional task – For the reasons discussed above, health risk modeling would be conducted if the optional task is selected and would include a project-level analysis and cumulative analysis that incorporates BAAQMD background data. Odors. ICF will qualitatively evaluate the potential for odor impacts during construction and long-term operation of the project. Greenhouse Gases. The City’s 2019 Climate Action Plan (CAP) is considered to be a qualified reduction strategy for CEQA purposes. As discussed above, ICF will quantify the project’s construction GHG emissions using CalEEMod or similar methodology to fully DocuSign Envelope ID: 2FA8CC53-494D-4464-831A-E6F2DC1EA475 Proposal to Prepare an IS/MND for the 410 Airport Boulevard Project in Burlingame, CA August 2022 Page 11 disclose GHG emissions, but operational GHG emissions will not be presented. The City’s CAP includes 2020 and 2030 GHG reduction targets and identifies GHG reduction measures to sufficiently meet those goals. This scope of work assumes that the project applicant will implement all applicable and feasible greenhouse gas emission reduction measures from the CAP, in order to satisfy the CAP tiering requirements. Consequently, ICF assumes that the GHG discussion will be consolidated to focus on the project’s consistency with the CAP, and that the level of detail and background information will be abbreviated relative to a non-tiered analysis. If the project is determined by the City to not be consistent with the CAP, an alternative approach to evaluating GHG impacts may be required at an additional cost. BAAQMD adopted GHG emissions thresholds for the post-2020 period in April 2022. Those thresholds allow for projects to either demonstrate consistency with a greenhouse gas reduction strategy (i.e., a CAP), or incorporate certain building design elements and attain a VMT reduction of 15 percent relative to existing conditions. At this time, ICF anticipates that GHG impacts will be evaluated by documenting the project’s consistency with the City’s CAP. If the project is not able to tier from the City’s CAP, ICF will work with the City to develop an alternative approach (potentially at an additional cost). For all air quality and greenhouse gas impact categories discussed above, where significant impacts are identified, ICF will identify mitigation measures (including those recommended and required by BAAQMD) to reduce the significance of Project-related air impacts. This scope assumes that all impacts will be minimized to a less-than-significant level. If any impacts cannot be defensibly mitigated to less-than-significant, then an Environmental Impact Report would be required at an additional cost. Biological Resources Biological resources present or potentially present at the project site have been described in a Biological Resources Report (H.T. Harvey & Associates 2021), provided to the City with the project application. The project site is a vacant parcel immediately adjacent to the San Francisco Bay. The project includes several important biological components such as the restoration of tidal salt marsh habitat and adjacent habitats, and its proximity to the Bay must be considered in the assessment. Resources with potentially significant impacts that may require mitigation have been initially identified in the Biological Resources Report and primarily include special-status fish species, wetlands, and protected trees. Qualified ICF biologists will conduct a review of the Biological Resources Report to determine if it is adequate to prepare the IS/MND. If additional information needs are identified, or clarifications are needed in the report, ICF will prepare a short memorandum for the City to use to request the additional information. Following review of the technical report, and receipt of any requested additional information, ICF biologists will prepare the biological resources section of the IS/MND. 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. ICF is familiar with this area and a site visit is not considered necessary. 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., DocuSign Envelope ID: 2FA8CC53-494D-4464-831A-E6F2DC1EA475 Proposal to Prepare an IS/MND for the 410 Airport Boulevard Project in Burlingame, CA August 2022 Page 12 NMFS, CDFW, etc.) and will consider the measures proposed by the Applicant in the Biological Resources Report. Cultural Resources/Tribal Resources The Project site does not appear to contain any above-ground built-environment resources (buildings, structures, objects, or districts) that would have the potential to qualify as CEQA historical resources, and it is located on fill dating to the second half of the 20th century. However, 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. To prepare the Cultural and Tribal Resources sections of the IS/MND, ICF will conduct the following tasks: Qualified ICF Cultural Resource specialists will conduct a review of the Cultural Resources Technical Report conducted by PaleoWest to determine if it is adequate to prepare the IS/MND. If additional information needs are identified, or clarifications are needed in the report, ICF will prepare a short memorandum for the City to use to request the additional information. Following review of the Cultural Resources Technical Report, and receipt of any requested additional information, ICF will review our corporate library of existing cultural resources documentation from the project vicinity, including previous EIR documents and the Existing Conditions Report for the General Plan EIR (Page 6-95). ICF will conduct a records search of the Northwest Information Center (NWIC) to identify any previously recorded cultural resources and cultural resource investigations within half a mile of the Project site. ICF will assist the City in conducting AB 52 consultation by conducting the following tasks. ICF will contact the Native American Heritage Commission (NAHC) and request that the NAHC review their sacred lands file and to provide a list of Native American individuals who may have knowledge of cultural resources within the project vicinity. ICF will draft AB 52 notification letters for the City to send to the identified tribes. If any tribes request consultation, the City as the lead agency will be responsible for consulting with the tribe(s). However, ICF will be available to advise the City if questions arise. We assume the City will provide a summary of any consultation efforts, which ICF will summarize in the IS/MND. Due to ground disturbance during construction, impacts to archaeological resources are possible. Readily available background information will be reviewed to confirm whether there is a potential for adverse impacts to occur. This scope of work assumes that the CEQA study area will be limited to the project site, given the low likelihood of the project causing substantial adverse change in the setting of any nearby historical resources. This scope of work assumes no historic-aged (over 50 years old) built environment resources are located within the study area, and that no built or archaeological resources will be identified within the study area as a result of the records search. DocuSign Envelope ID: 2FA8CC53-494D-4464-831A-E6F2DC1EA475 Proposal to Prepare an IS/MND for the 410 Airport Boulevard Project in Burlingame, CA August 2022 Page 13 Energy 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 CalEEMod 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 Preliminary Geotechnical Report prepared for the Project. ICF will rely on the information included in the General Plan EIR and the Preliminary 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. 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 Preliminary 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. 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 conduct a limited Phase I Environmental Site Asessment (ESA) of the 410 Airport Boulevard Project site. The objective of the limited Phase I ESA is to identify and evaluate potential environmental issues DocuSign Envelope ID: 2FA8CC53-494D-4464-831A-E6F2DC1EA475 Proposal to Prepare an IS/MND for the 410 Airport Boulevard Project in Burlingame, CA August 2022 Page 14 associated with past and/or current land uses at the property. Our scope of work for the limited Phase I ESA includes the following tasks: Conduct a search of environmental-related information present in publicly accessible databases using EDR lightbox or similar platform. Conduct a review of readily available aerial photographs and topographic maps to identify former land uses and potential areas of concern. Prepare a technical memorandum summarizing the above findings. Review of Publicly Available Databases—ICF will conduct a search for environmental-related information present in publicly accessible databases using EDR Lightbox. The information provided in these databases serve as an indicator if prior land uses have had the potential to negatively impact the site. The report will be reviewed to determine if the Project site is listed in any environmental databases. Aerial Photograph and Topographic Map Review—To develop a more complete understanding of historical land uses of the Project site, ICF will review and interpret aerial photographs and topographic maps that will be requested from EDR Lightbox along with the environmental database report. Technical Memorandum—Once the above tasks are completed, ICF will prepare a technical memorandum summarizing the information obtained and conclusions as to whether any of the information reviewed presents potential deleterious conditions that could impact implementation of the Proposed Project. These findings will then be used in support of the CEQA analysis. Environmental Analysis—Upon completion of the limited Phase I ESA, ICF will rely on the information included in the General Plan EIR and the Phase I ESA technical memorandum to characterize the existing setting for hazards and hazardous materials. ICF will prepare the Hazards and Hazardous Materials section of the IS/MND, which will include the following information: Summary of the limited Phase I ESA 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. 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. ICF will prepare the Hydrology/Water Quality section of the IS/MND and will conduct the following tasks: 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 DocuSign Envelope ID: 2FA8CC53-494D-4464-831A-E6F2DC1EA475 Proposal to Prepare an IS/MND for the 410 Airport Boulevard Project in Burlingame, CA August 2022 Page 15 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 California Building Code. These regulations require specific measures for reducing potential impacts on hydrology and water quality. Review the CEQA Impacts Assessment in the Hydrology Technical Memorandum prepared for the Project. Review the Soil Management Plan prepared for the Project. 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 Hydrology Technical Memorandum provides all necessary hydrology/hydraulic analysis of 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 The Project site is zoned as Anza Area (AA) within the Bayfront Specific Plan Area, with a land use designation of Bayfront Commercial. The Project would include a public nature and recreation park with an education center building, but would not be publicly owned. Therefore, the Project would require a Conditional Use Permit to be consistent with the land use designation of the parcels. Land use and planning generally considers the compatibility of a project with neighboring areas, change to, or displacement of existing uses, compliance with zoning regulations, and consistency of a project with relevant local land use policies that have been adopted with the intent to mitigate or avoid an environmental effect. With respect to land use conflicts or compatibility issues, the magnitude of these impacts depends on how a project affects the existing development pattern, development intensity, traffic circulation, noise, and visual setting in the immediately surrounding area, which are generally discussed in the respective sections. 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. DocuSign Envelope ID: 2FA8CC53-494D-4464-831A-E6F2DC1EA475 Proposal to Prepare an IS/MND for the 410 Airport Boulevard Project in Burlingame, CA August 2022 Page 16 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 other agencies that have discretion over the Project site, including the Federal Aviation Administration (FAA)/Airport Land Use Committee, BCDC, and State Lands Commission. Noise ICF will prepare a noise and vibration impact analysis for the 410 Airport Boulevard Project. It is understood that a technical report has been prepared by Illingworth & Rodkin. ICF will review the prepared technical report and provide one (1) round of comments on the report’s adequacy. It is assumed that the report will not require any additional rounds of review and that all comments will be adequately addressed by the author. The technical report will be used to prepare the noise section of the environmental document. Key noise issues to be addressed in the noise section will include: Exposure of existing noise-sensitive land uses to noise and vibration associated with construction activity. 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 available information from the City General Plan. Noise monitoring is not proposed. In the regulatory setting discussion, ICF will summarize the relevant guidelines and criteria from the City Noise Ordinance and the General Plan, along with other applicable guidelines and criteria. CEQA significance thresholds will be defined based on applicable guidelines and standards. Impacts will be based on federal, State, or applicable local standards (as appropriate). Noise mitigation will be described, where applicable, to reduce impacts to a less than significant level, and will be at a level of detail appropriate for environmental review and not at a design level of detail. This scope of work includes the following assumptions: Field measurements were conducted to support the noise technical report, therefore, no additional measurements will be conducted. No additional noise analysis will be prepared. All noise sources (construction, traffic, stationary noise sources, etc.) will be addressed in the technical report and ICF will summarize the analysis in the IS/MND. DocuSign Envelope ID: 2FA8CC53-494D-4464-831A-E6F2DC1EA475 Proposal to Prepare an IS/MND for the 410 Airport Boulevard Project in Burlingame, CA August 2022 Page 17 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. 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. ICF will work with the City and applicant to address project impacts due to the incorporation of an additional public services facilities on site, specifically for fire services. This scope of work assumes that a small building (20’ x 20’) to store two jet skis, personal protective equipment, and rescue equipment required by the Central County Fire Department (CCFD) would be incorporated as part of the Project in order to serve potential increased water rescue incidents. Transportation A Transportation Study has been prepared by Hexagon Transportation Consultants, Inc., in August 2021. For purposes of this scope, it is assumed that the Transportation Study has been reviewed by the City and can be used in the IS/MND. ICF will prepare the Transportation section of the IS/MND by incorporating the relevant setting information and summarizing the impact analysis from the Transportation Study. 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 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 electronic copy (in both MS Word and PDF formats) of the Administrative Draft IS/MND document. Task 4: Screencheck Draft IS/MND The purpose of this task is to prepare the Screencheck IS/MND for the City and SLC’s review. ICF will prepare a Screencheck IS/MND to respond to comments on the Administrative Draft IS/MND from the City and SLC. This scope assumes that comments from multiple reviewers will DocuSign Envelope ID: 2FA8CC53-494D-4464-831A-E6F2DC1EA475 Proposal to Prepare an IS/MND for the 410 Airport Boulevard Project in Burlingame, CA August 2022 Page 18 be consolidated with any conflicting comments resolved, and that comments do not result in substantial revisions or additional analyses. Deliverables: One electronic copy (in both MS Word [clean and track] and PDF format) of the Screencheck Draft IS/MND. Task 5: Draft IS/MND 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 and SLC. 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 Draft IS/MND and produce a version of the full documents that can be 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: Twenty (20) hard copies of the Draft IS/MND. Additional hard copies may be provided at an additional cost (approximately $30 per copy). One electronic copy of the Draft IS/MND document in both MS Word and PDF formats. Task 6: Prepare Responses to Comments and Administrative Final IS/MND 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 and SLC 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 DocuSign Envelope ID: 2FA8CC53-494D-4464-831A-E6F2DC1EA475 Proposal to Prepare an IS/MND for the 410 Airport Boulevard Project in Burlingame, CA August 2022 Page 19 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 and SLC staff, will be compiled into an errata included as part of the Final IS/MND. Following City’s and SLC’s 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 and SLC review to ensure that all comments on the Draft were adequately addressed. Deliverables: One electronic copy of the Administrative and Screencheck Final IS/MND document in MS Word and in PDF formats. Task 7: Prepare Final IS/MND Based on comments received from City and SLC staff, 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. Deliverables: Twenty (20) hard copies of the Final IS/MND. One electronic copy of the Final IS/MND document in MS Word and in PDF formats. Task 8: Adoption Hearings, MMRP, and Administrative Record The purpose of this task is to attend meetings to adopt the IS/MND. ICF team members will 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 or SLC, 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: One electronic copy of the Draft MMRP in MS Word and PDF formats; five (5) hard copies of the Final MMRP; one electronic copy of the Final MMRP in MS Word and PDF formats; one CD copy of the References cited in the IS/MND. ICF will also complete the Notice of Determination (NOD). The City will post the NOD with the County Clerk and ICF will file with the State Clearinghouse. DocuSign Envelope ID: 2FA8CC53-494D-4464-831A-E6F2DC1EA475 Proposal to Prepare an IS/MND for the 410 Airport Boulevard Project in Burlingame, CA August 2022 Page 20 Task 9. Project Management and Meetings The purpose of this task is to effectively manage the above tasks and maintain communication with City and SLC staff. The ICF project management team will be responsible for coordination activities, will maintain QA/QC requirements for document preparation, and will monitor schedule and performance for MND tasks. Project management subtasks also include maintaining internal communications among ICF staff and with City/SLC 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 conference calls to accomplish the above tasks. Team members will attend and participate in meetings on an as-needed basis. This scope of work assumes bi-weekly zoom conference calls for this Project. Additional meeting attendance, including in-person meetings should they be permitted, 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. 5. COST ESTIMATE The cost estimate for the services described above is included as Attachment A to this proposal. ICF will invoice monthly, on a time and materials basis. Invoices are due net thirty (30) days from receipt. 6. SCHEDULE Our preliminary project schedule is included as Attachment B. DocuSign Envelope ID: 2FA8CC53-494D-4464-831A-E6F2DC1EA475 Attachment A Proposed 410 Airport Boulevard Cost DocuSign Envelope ID: 2FA8CC53-494D-4464-831A-E6F2DC1EA475 410 Airport Boulevard Project IS/MND Mekkelson Atteberry Chung Thompson Matsui Mansoor Glaize Hardie Schumaker Roberts Sukola Barrera Unsworth Rusch Wildt Elder Wilming Webber Kozlowski Conley Editor TBD Heidi Devan Victoria Kate Cory Jacqueline Pierre Jon Noah Diana Katrina Mario Ellen Jonathon Jennifer James Ross Lisa Jeffrey John Labor Classification Tech Dir Assoc Consult II Assoc Consult III Asst Consult Sr Consult II Assoc Consult III Sr Consult II Sr Tech Analyst Assoc Consult I Sr Consult I Assoc Consult II Assoc Consult III Sr Consult II Sr Consult II Sr Consult II Mng Consult Sr Consult I Sr Consult III Sr Tech Analyst Sr Consult I Editor Task Subtotal Subtotal Labor Total Direct Costs Total Price Task 1. Kick Off Meeting/ Data Collection 2.0 8.0 4.0 2.0 $2,286.00 $0.00 $2,286.00 $2,303.15 Task 2. Project Description 2.0 6.0 8.0 16.0 4.0 $4,490.00 4.00 $548.00 $5,038.00 $5,075.79 Task 3. Admin Draft IS/MND 12.0 37.0 31.0 32.0 6.0 45.0 12.0 12.0 32.0 15.0 26.0 1.0 6.0 16.0 2.0 40.0 16.0 24.0 2.0 $55,912.00 24.00 $3,288.00 $59,200.00 $59,644.00 Optional Task 3a. HRA 5.0 5.0 2.0 4.0 5.0 45.0 $10,950.00 $0.00 $10,950.00 $11,032.13 Task 4. Screencheck Draft IS/MND 6.0 14.0 12.0 14.0 1.0 3.0 2.0 2.0 2.0 $7,829.00 16.00 $2,192.00 $10,021.00 $10,096.16 Task 5. Draft IS/MND 1.0 12.0 8.0 5.0 4.0 $3,985.00 8.00 $1,096.00 $5,081.00 $5,119.11 Task 6. Response to Comments and Admin Final IS/MND 3.0 10.0 10.0 20.0 2.0 $5,550.00 2.00 $274.00 $5,824.00 $5,867.68 Task 7. Final IS/MND 2.0 4.0 4.0 6.0 $2,142.00 1.00 $137.00 $2,279.00 $2,296.09 Task 8. Adoption Hearings, MMRP, and Admin Record 4.0 4.0 4.0 18.0 $3,770.00 1.00 $137.00 $3,907.00 $3,936.30 Task 9. Project Management and Meetings 10.0 32.0 18.0 $9,190.00 $0.00 $9,190.00 $9,258.93 Total hours 778.0 47.0 132.0 101.0 113.0 10.0 50.0 45.0 13.0 15.0 36.0 17.0 26.0 1.0 8.0 18.0 2.0 40.0 16.0 24.0 8.0 56.0 Billing Rates $256.00 $129.00 $139.00 $93.00 $168.00 $139.00 $164.00 $247.00 $104.00 $151.00 $121.00 $146.00 $164.00 $159.00 $169.00 $206.00 $149.00 $184.00 $226.00 $151.00 $137.00 Subtotal $12,032.00 $17,028.00 $14,039.00 $10,509.00 $1,680.00 $6,950.00 $7,380.00 $3,211.00 $1,560.00 $5,436.00 $2,057.00 $3,796.00 $164.00 $1,272.00 $3,042.00 $412.00 $5,960.00 $2,944.00 $5,424.00 $1,208.00 $106,104.00 $7,672.00 $7,672.00 $113,776.00 Total escalation, Period 2 of 3%, year 2023 $90.24 $127.71 $105.29 $78.82 $12.60 $52.13 $55.35 $24.08 $11.70 $40.77 $15.43 $28.47 $1.23 $9.54 $22.82 $3.09 $44.70 $22.08 $40.68 $9.06 $795.78 $57.54 $57.54 $853.32 Subtotal (including escalation)$12,122.24 $17,155.71 $14,144.29 $10,587.82 $1,692.60 $7,002.13 $7,435.35 $3,235.08 $1,571.70 $5,476.77 $2,072.43 $3,824.47 $165.23 $1,281.54 $3,064.82 $415.09 $6,004.70 $2,966.08 $5,464.68 $1,217.06 $106,899.78 $7,729.54 $7,729.54 $114,629.32 Other Direct Costs 523.02 Reproductions $800.00 523.04 Postage and Delivery $100.00 523.07 Surveys and Reports $900.00 Mark-up on Direct Expenses :10%$180.00 Direct expense subtotal $1,980.00 Total price $116,609.32 Total price without Optional Tasks $105,577.20 Consulting Staff ICF Production Staff Employee Name X0A0T Date printed 8/31/2022 4:12 PM Approved by Finance { sh }Burlingame_410_AirportBlvd_Cost_Rev_082922(client) DocuSign Envelope ID: 2FA8CC53-494D-4464-831A-E6F2DC1EA475 Attachment B Proposed 410 Airport Boulevard Schedule DocuSign Envelope ID: 2FA8CC53-494D-4464-831A-E6F2DC1EA475 ID Task Name Duration Start Finish 0 410 Airport Boulevard Project IS/MND 156 days Mon 10/3/22 Mon 5/8/23 1 Project Initiation/Project Description 23 days Mon 10/3/22 Wed 11/2/22 2 Kick-Off, Scoping, and Team Meeting 1 day Mon 10/3/22 Mon 10/3/22 3 Prepare Project Description/Data Needs 10 days Tue 10/4/22 Mon 10/17/22 4 City/Applicant Reviews PD and Addresses Data Needs 12 days Tue 10/18/22 Wed 11/2/22 5 IS/MND 92 days Thu 11/3/22 Fri 3/10/23 6 ICF Prepares Admin Draft IS/MND 40 days Thu 11/3/22 Wed 12/28/22 7 City/Applicant Reviews Admin Draft IS/MND 10 days Thu 12/29/22 Wed 1/11/23 8 ICF Prepares Public Review Draft IS/MND 10 days Thu 1/12/23 Wed 1/25/23 9 City/Applicant Reviews Public Draft IS/MND 5 days Thu 1/26/23 Wed 2/1/23 10 ICF Finalizes Draft IS/MND 5 days Thu 2/2/23 Wed 2/8/23 11 Review Period 30 edays Wed 2/8/23 Fri 3/10/23 12 Final IS/MND 41 days Mon 3/13/23 Mon 5/8/23 13 ICF Prepares Admin Draft Responses to Comments 12 days Mon 3/13/23 Tue 3/28/23 14 City/Applicant Reviews Draft Responses to Comments6 days Wed 3/29/23 Wed 4/5/23 15 ICF Prepares Final IS/MND 6 days Thu 4/6/23 Thu 4/13/23 16 ICF Prepares Draft MMRP 5 days Fri 4/14/23 Thu 4/20/23 17 City/Applicant Reviews Draft MMRP 3 days Fri 4/21/23 Tue 4/25/23 18 ICF Prepares Final MMRP 2 days Wed 4/26/23 Thu 4/27/23 19 Public Meetings 7 days Fri 4/28/23 Mon 5/8/23 S N J M M J Half 2, 2022 Half 1, 2023 2022 2023 Attachment B. Preliminary 410 Airport Boulevard IS/MND Schedule Thu 8/25/22 4:04 PM Page 1 DocuSign Envelope ID: 2FA8CC53-494D-4464-831A-E6F2DC1EA475 Attachment C Key Staff Resumes DocuSign Envelope ID: 2FA8CC53-494D-4464-831A-E6F2DC1EA475 Heidi Mekkelson Managing Director/Principal Ms. Mekkelson is a managing director/principal with ICF’s Environment and Planning Division. She has over 18 years of experience in the preparation and management of environmental analysis documentation pursuant to the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA). Ms. Mekkelson has worked on documents for large residential projects; mixed-use, urban infill developments; commercial/retail projects; major league sports/entertainment venues; adaptive reuse projects; transportation projects; and affordable housing. She has also prepared numerous programmatic analyses for general plans, specific plans, and habitat conservation plans. She is skilled at preparing CEQA streamlining documents and has conducted numerous trainings on the topic. Ms. Mekkelson focuses her work on the Bay Area and Southern California, and she has extensive experience managing private development projects in the cities of Los Angeles and San Francisco. Project Experience 1766 El Camino Real Project Class 32 Infill Exemption—City of Burlingame Planning Division, Burlingame, California, 01/2022 – 06/2022 Project Director. Ms. Mekkelson served as project director for a Class 32 Categorical Exemption document for a project that would demolish an existing two-story mixed-use building that is currently vacant, and construct a new eight-story, multiunit residential building with 311 residential units, 319 vehicle spaces, 172 bicycle parking spaces, and 14,132 sf of leasing and amenity space, as well as 25,892 sf of open space. ICF previously prepared an IS/MND for a different project at the same location, and to the extent possible, the analysis for this project relied on and/or updated the previous analysis that was included as part of the IS/MND where relevant to the currently proposed project. Southline Specific Plan EIR—City of South San Francisco Economic and Community Development Department, South San Francisco, California, 03/2020 – present Project Manager. Ms. Mekkelson is serving as project manager to prepare an EIR for a new Specific Plan that would redevelop a 26.5- acre industrial site in the City of South San Francisco adjacent to the San Bruno Bay Area Rapid Transit (BART) station with a transit- oriented office/research and development (R&D) campus with a maximum anticipated building area of 2.8 million square feet. New development would include commercial buildings, a four-story supportive amenities building, approximately 3,000 underground parking spaces at various locations throughout the project site, a nine-story parking structure, a new east-west connection road (Southline Avenue), supportive utilities and related infrastructure, and approximately 300,000 square feet of open space. The City intends to use the EIR as a streamlining document for development applications under the Specific Plan. Years of Experience Professional start date: 06/2003 ICF start date: 02/2016 Education BS, Environmental Studies/ Biology, University of Southern California, 2003 MSL, Water and Environmental Law, University of the Pacific, McGeorge School of Law, expected completion 2024 Professional Affiliations Association of Environmental Professionals San Francisco Planning and Urban Research Association DocuSign Envelope ID: 2FA8CC53-494D-4464-831A-E6F2DC1EA475 751 Gateway Boulevard EIR—City of South San Francisco Economic and Community Development Department, South San Francisco, California, 11/2019 – 02/2021 Project Director. Ms. Mekkelson served as project director to prepare an EIR for the 751 Gateway Boulevard project in the City of South San Francisco. The project would involve the redevelopment of an approximately 7.4-acre, irregularly shaped site within the city’s Gateway Specific Plan planning area with a research and development (R&D) facility and office building. The project site is currently occupied by an existing 6-story, approximately 176,235-square foot (sf) office building at 701 Gateway Boulevard and a surface parking lot containing approximately 558 parking spaces. The proposed project would require entitlements to enable development of the project site, including, but not limited to, design review, precise plan approval, Transportation Demand Management (TDM) Plan approval, and a Conditional Use Permit required for a parking reduction. Bayhill Specific Plan EIR and Streamlined CEQA Documents—City of San Bruno Planning Department, San Bruno, California, 07/2017 – present Project Manager. Ms. Mekkelson served as project manager to prepare an EIR for a new Specific Plan for the 73-acre Bayhill Office Park, which is San Bruno’s largest employment cluster, employing about one-third of the 15,000 employees in the City, including You-Tube, Walmart.com, Kaiser Permanente, Oracle, and others. The office park currently contains about 1.5 million square feet of office space. The project site, which abuts the City’s adopted Transit Corridors Specific Plan area, also includes the adjacent 10-acre Bayhill Shopping Center. The Specific Plan would allow for the development of up to 2.46 million net new square feet of office uses on the Project Site. The Specific Plan would also establish housing and mixed-use overlay zones on a total of 20.5 acres in the southern portion of the Project Site that would allow for the development of up to 573 multi-family residential units. The project would accommodate the anticipated expansion of YouTube by adding additional office square footage while also creating a pedestrian-friendly and cohesive mixed-use community that enhances the area’s identity and image and provides greater linkages to nearby public transportation opportunities. The project was approved and the EIR was certified by unanimous vote by the San Bruno City Council in October 2021. The EIR now serves as a streamlining document for development applications under the Specific Plan. With the EIR complete, ICF provides assistance to the City in reviewing development applications for consistency with the Specific Plan, identifying the appropriate level of CEQA review, and preparing streamlined analyses. Skyline College Residential Project Addendum— City of San Bruno Planning Department, San Bruno, California, 06/2017 – 03/2018 Project Manager. Ms. Mekkelson served as project manager for the preparation of an EIR Addendum for a 71-unit residential project on an 8-acre site adjacent to the San Mateo County Community College District’s (SMCCD) Skyline College Campus. The project was a component of the campus master plan for Skyline College and was analyzed in a 2016 Program EIR (also prepared by ICF) for SMCCD’s updated campus master plan for its three community college campuses. The Addendum examined the revised residential project in the context of the 2016 Program EIR focusing on changes to environmental impacts would result from the revisions to the project. ICF worked closely with SMCCD (the lead agency for the campus master plan) and the City of San Bruno (the lead agency for the residential project) to prepare the Addendum. The project was approved by the San Bruno City Council in 2018. 1100 El Camino Real Sustainable Communities Environmental Assessment (SCEA)—City of Millbrae Community Development Department, City of Millbrae, California, 06/2020 – 03/2022 Project Director. Ms. Mekkelson served as project director for the preparation of a SCEA and associated technical studies for a residential project at 1100 El Camino Real in the City of Millbrae. A SCEA is a type of CEQA streamlining document that was created under Senate Bill 375. The proposed project would include a five-story, 384-unit apartment building with a five-level parking garage and surface parking. The project site is currently occupied by a 220-room hotel, a restaurant, two single-family homes, and a surface parking lot. The existing uses would be demolished under the project. The project was approved by the Millbrae Planning Commission in 2022. DocuSign Envelope ID: 2FA8CC53-494D-4464-831A-E6F2DC1EA475 Devan Atteberry Senior Environmental Planner Devan Atteberry is a senior environmental planner and graduate from California Polytechnic State University, San Luis Obispo with a B.S. in Environmental Management and Protection, and a minor in Biology. She has four years of experience and knowledge conducting environmental analyses in accordance with the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA). She has also worked on sections for various forms of environmental documentation, including environmental impact reports (EIRs), environmental impact statements (EISs), and initial studies and mitigated negative declarations (IS/MNDs), as well as categorical exemptions (CEs). Devan has worked on a wide range of projects, including development, transportation, and habitat conservation plans. Ms. Atteberry focuses her work on the Bay Area, and she has extensive experience working on projects within the Peninsula. Project Experience 1766 El Camino Real Project Class 32 Infill Exemption—City of Burlingame Planning Division, Burlingame, California, 01/2022 – 06/2022 Deputy Project Manager and Project Manager. Ms. Atteberry served as deputy project manager and then project manager for a Class 32 Categorical Exemption document for a project that would demolish an existing two-story mixed-use building that is currently vacant, and construct a new eight-story, multiunit residential building with 311 residential units, 319 vehicle spaces, 172 bicycle parking spaces, and 14,132 sf of leasing and amenity space, as well as 25,892 sf of open space. ICF previously prepared an IS/MND for a different project at the same location, and to the extent possible, the analysis for this project relied on and/or updated the previous analysis that was included as part of the IS/MND where relevant to the currently proposed project. 30 Ingold Road Project—City of Burlingame, Burlingame, California, 05/202- 09/2020 Deputy Project Manager and Section Author. Served as deputy project manager and section author to prepare a CE for the demolition of a commercial building, surface parking and landscaping, and the construction of a new 7-story building with 298 residential units, commercial uses, and a new park that would be dedicated to the City. This project was approved in September 2020, 4.5-months after ICF held its kick-off meeting to start the CEQA documentation. Devan drafted the project description and multiple sections within the CE document, and helped to keep other section authors on schedule. 601 California Drive Project—City of Burlingame, Burlingame, California, 03/2020-09/2020 Deputy Project Manager and Section Author. Served as deputy project manager and section author to prepare a CE for the development of a new 5-story building with 25 live/work units. The project was located in the City of Burlingame’s Downtown Specific Years of Experience Professional start date: 08/2018 ICF start date: 08/2018 Education Bachelor’s Degree, Environmental Management and Protection, California Polytechnic State University San Luis Obispo, 2018 Professional Affiliations Association of Environmental Professionals (AEP), Member, 2018-Present DocuSign Envelope ID: 2FA8CC53-494D-4464-831A-E6F2DC1EA475 Plan area. The project was approved in September 2020, 6-months after ICF held its kick-off meeting to start the CEQA documentation. Devan drafted the project description and multiple sections within the CE document, and helped to keep other section authors on schedule. Southline Specific Plan EIR—City of South San Francisco, South San Francisco, California, 03/2020- ongoing Deputy Project Manager and Section Author. Serving as deputy project manager and section author to prepare an EIR for a new Specific Plan for the 26-acre Southline Specific Plan Area. The proposed project would demolish all existing industrial uses on-site and construct seven office buildings, an amenities building, underground parking throughout the site, a parking structure, a new road connection, and approximately 369,000-square feet of open space. Development of the proposed project would be phased, including a Phase I. In total, the project is anticipated to have a maximum building area of 2.8 million-square feet. Devan drafted the energy, wildfire, public services, and alternatives sections, and is currently working on the final EIR. 751 Gateway Boulevard Project EIR—City of South San Francisco, South San Francisco, California, 10/2019- 01/2021 Deputy Project Manager and Section Author. Served as deputy project manager and section author for a project that would involve the redevelopment of an approximately 7.4-acre site within the city’s Gateway Specific Plan planning area with a research and development (R&D) facility and office building. The proposed project would require entitlements to enable development of the project site, including, but not limited to, design review, precise plan approval, and a Conditional Use Permit required for a parking reduction. Devan is drafted the energy, land use/planning, population/housing, public services, recreation, utilities, and wildfire sections. Lot 3 North: 1350 Adams Court Project EIR and IS/MND—City of Menlo Park, Menlo Park, California, 08/2018-Ongoing Project Manager and Section Author. Serving as project manager and section author for a project that would redevelop a portion of the existing Menlo Park Labs Campus. The project site currently consists of both an undeveloped vacant area on the northern portion at 1350 Adams Court (referred to as Lot 3 North) and an existing building on the southern portion at 1305 O’Brien Drive. The project would construct an approximately 255,000 gsf, five-story life sciences building on Lot 3 North with parking. The existing building at 1305 O’Brien Drive, and the campus property outside of the project site would remain in its existing condition. ICF prepared an Initial Study and a focused DEIR. Devan drafted the energy, waterline analysis, other CEQA, and alternatives sections, and is currently working on the FEIR. 1489 West Sunset Boulevard Project—City of Los Angeles, Los Angeles, California, 09/2020- Ongoing Project Manager and Section Author. Serving as project manager and section author for the preparation of a CE for the demolition of a parking lot and two commercial buildings, retaining two buildings, and constructing a residential and commercial mixed-use building with two subterranean parking levels, and five above-ground residential levels. The project would include a mixed-use building with 136 residential units, 8,000 square feet of restaurant space, 985 square feet of outdoor eating areas, a 930 square foot lobby and mailroom, and 2,050 square feet of residential amenity space. Devan is managing the scope, schedule, and budget, and has drafted the project description and multiple sections within the CE document. 1100 El Camino Real Project SCEA—City of Millbrae, Millbrae, California, 11/2021-03/2022 Deputy Project Manager and Section Author. Served as deputy project manager and section author for the preparation of a Sustainable Communities Environmental Assessment (SCEA) for the redevelopment of a 6.7-acre site that is currently developed with a hotel and two residential buildings that are surrounded by surface parking. The project would demolish the existing uses, and construct a new five-story apartment complex and parking garage on 5.5 acres of the site, and potentially construct a seven-story hotel on the remaining 1.2 acres of the project site. Devan drafted the project description and multiple sections within the SCEA document. DocuSign Envelope ID: 2FA8CC53-494D-4464-831A-E6F2DC1EA475 Victoria R. Chung, MURP Senior Environmental Planner Ms. Chung is a Senior Environmental Planner and a San Francisco resident. She has a Master’s in Urban and Regional Planning (MURP) from UC Irvine. She has over four years of experience preparing environmental documents in accordance with CEQA for various types of land use projects throughout California. She has worked on General Plan updates, transportation infrastructure improvements, specific plans, multi-family and single-family residential, urban in-fill, bridge shelters, logistics warehouses, and school projects. Her most recent project experience includes preparing documents in the Central Valley region of California, including the City of Kerman General Plan Update EIR, a Specific Plan EIR for Madera County as well as several Initial Studies and EIR Addendums. Prior to becoming an Environmental Planner, she worked in State and local government in southern California specializing in public policy, community engagement, special events, public relations, and social justice advocacy. Project Experience Transportation Regional Transportation Plan and Sustainable Communities Environmental Impact Report–San Joaquin County Association of Governments, San Joaquin County, 10/2021 – 04/2022* Assistant Project Manager/Environmental Planner. Prepared a Program Environmental Impact Report for the SJCOG Envision 2050 Regional Transportation Plan & Sustainable Communities Strategy (RTP/SCS). Envision 2050 would result in the 2022 RTP/SCS that has policies and strategies to meet future challenges of the San Joaquin region such as growth of the e-economy resulting in increased telecommuting and internet shopping, and the widespread use of autonomous and connected electric vehicles. Ms. Chung is responsible for preparing multiple sections of the EIR including Aesthetics, Geology and Soils, and Wildfire. 2040 Regional Transportation Plan and Sustainable Communities Environmental Impact Report–Santa Barbara County Association of Governments, Santa Barbara County, 05/2021 – 03/2022* Assistant Project Manager/Environmental Planner. Prepared a Program Supplemental Environmental Impact Report for the SBCAG Fast Forward 2040 Regional Transportation Plan and Sustainable Communities Strategy. The Regional Transportation Plan component includes a list of all transportation improvement projects planned in Santa Barbara County. The Sustainable Communities Strategy identified a countywide land use scenario for the region that would reduce greenhouse gas emissions, primarily through mixed-use development, transit-oriented development, and active transportation modes. Ms. Chung served as a planner for the SBCAG Fast Forward 2040 RTS/SCS Environmental Impact Report effort. Ms. Chung prepared sections of the EIR including the Air Quality, Energy and Aesthetics sections. Years of Experience Professional start date: 05/2016 ICF start date: 05/2022 Education Master’s Degree, Urban and Regional Planning, UC Irvine, 2018 Bachelor’s Degree, Political Science, CSU Long Beach, 2013 Professional Affiliations APACA Central Section, Special Projects Coordinator, 2019- Current Association of Environmental Professionals (AEP), Member, 2018-Present APACA Orange Section Board, Member 2016-2018 Urban Planning Student Association, UC Irvine, APA Student Representative, 2016– 2017 DocuSign Envelope ID: 2FA8CC53-494D-4464-831A-E6F2DC1EA475 Construction Package No. 1, Ballast Track to Slab Track Re-Examination – California High Speed Rail Authority – Merced to Fresno, Merced, and Fresno Counties* Environmental Planner. Rincon is currently providing environmental compliance oversight as a member of the Project Construction Management team for the Merced to Fresno Construction Package No. 1 portion of the California High-Speed Rail project. The re-examination documents minor modifications to the project since approval of the original environmental document (Final EIR/EIS). Ms. Chung assisted in preparing the re-examination of the Final EIR/EIS for the proposed Ballast track to Slab track. This includes all aspects of environmental compliance such as biological resources, cultural resources, storm water pollution prevention, paleontological resources, air quality, noise, hazardous materials, and aesthetics. San Ysidro Road Roundabout Addendum–County of Santa Barbara, Santa Barbara County* Environmental Planner. Ms. Chung was the lead author of the Addendum to the Santa Barbara County South Coast 101 HOV Lane Project. The Addendum evaluated the proposed project’s potential environmental issues as it pertains to the Caltrans 101 HOV lane project. The analysis included incorporation of several technical documents including a Visual Impact Assessment, a Natural Environment Study-Minimal Impact, Tree Root Analysis and a Tree Replacement Plan. Land Use/Contract Planning 1125 O’Brien EIR–City of Menlo Park, Menlo Park, 05/2022-Present Project Manager/Environmental Planner. Ms. Chung manages the EIR for the project for this contract which includes the redevelopment of an existing office park and would construct an approximately 131,284-square-foot (sf) building for research and development (R&D) uses and surface parking. The project includes the preparation of an initial study tiered from the ConnectMenlo Program EIR and subsequent Focused EIR. Ms. Chung prepared sections of the EIR including the executive summary and alternatives. Circuit Planning and Engineering–Fresno Council of Governments, Fresno County, 06/2019 – 05/2022 * Assistant Project Manager/Environmental Planner. Ms. Chung provides support to the project manager for this contract which includes the 13 smaller cities in Fresno County, implementing Blueprint Smart Growth principles in conducting specific planning and engineering projects tailored to each City. Circuit Planning and Engineering–Fresno Council of Governments, Fresno County, 06/2019 – 05/2022* Assistant Project Manager/Environmental Planner. Ms. Chung provides support to the project manager for this contract which includes the 13 smaller cities in Fresno County, implementing Blueprint Smart Growth principles in conducting specific planning and engineering projects tailored to each City. Recognition and Commendations Awards • APA California, Comprehensive Plan Award (Small), Kerman General Plan Update and Program EIR, 2021 • APA Central Section, Merit in Planning Award-Comprehensive Planning; Small Jurisdiction Category, City of Kerman General Plan Update and Program EIR, 2021 • California Planning Foundation, Scholarship Recipient, 2017 • 30 Under 30 Honoree, 70th Assembly District, Assembly Member Bonnie Lowenthal, 2013 Employment History Rincon Consultants, Inc. Assistant Project Manager/Environmental Planner. Fresno, CA. 05/2019 – 05/2022. FirstCarbon Solutions. Environmental Services Analyst. Irvine, CA. 04/2018 – 05/2019. City of Long Beach. First District, Communications Director. Long Beach, CA. 10/2014 – 08/2016. State of California. 70th Assembly District, Field Representative. Long Beach, CA. 05/2013 – 10/2014. *These projects were completed at Rincon Consultants, Inc. DocuSign Envelope ID: 2FA8CC53-494D-4464-831A-E6F2DC1EA475 Exhibit B INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 12 04 covering CGL on an “occurrence” basis, including products-completed operations, personal & advertising injury, with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be $2,000,000. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability (Errors and Omissions) Insurance appropriate to the Contractor’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. If the contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the contractor. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City, its officers, officials, employees, and volunteers are to be covered as insureds on the auto policy with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor and on the general liability policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used). Primary Coverage For any claims related to this contract, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. DocuSign Envelope ID: 2FA8CC53-494D-4464-831A-E6F2DC1EA475 Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the City. Waiver of Subrogation Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City. Claims Made Policies (note – should be applicable only to professional liability, see below) If any of the required policies provide claims-made coverage: 1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work. Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. DocuSign Envelope ID: 2FA8CC53-494D-4464-831A-E6F2DC1EA475 1 STAFF REPORT AGENDA NO: 9d MEETING DATE: December 2, 2024 To: Honorable Mayor and City Council Date: December 2, 2024 From: Maria Saguisag-Sid, Human Resources Director– (650) 558-7209 Subject: Adoption of a Resolution Authorizing an Eleventh Amendment of the City Manager’s Employment Agreement and Approving the City of Burlingame Pay Rates and Ranges (Salary Schedules) RECOMMENDATION Staff recommends that the City Council adopt the attached resolution authorizing the Mayor to execute an Eleventh Amendment to City Manager Lisa K. Goldman’s Employment Agreement to provide an 11% equity adjustment to her salary effective December 2, 2024, a 5% salary increase effective December 30, 2024, and approving the City of Burlingame pay rates and ranges for employees (salary schedules). BACKGROUND City Manager Lisa Goldman began her service with the City of Burlingame on December 27, 2012, pursuant to that certain Employment Agreement between the City and Ms. Goldman. On November 13, 2024, the City Council met with Ms. Goldman in a closed session to review her performance after her twelfth year as City Manager. Per Paragraph 7, Employment Benefits, of the Employment Agreement, Ms. Goldman receives the same benefits provided to City Department Heads. DISCUSSION Following their evaluation of her performance, the Council discussed Ms. Goldman’s compensation in Closed Session on November 13, 2024. In recognition of Ms. Goldman’s positive performance evaluation, and after reviewing a recent market study of City Managers in the area, the City Council discussed a proposal to provide 1) an equity adjustment to the City Manager’s salary of 11% effective December 2, 2024, and 2) a salary adjustment at the same time and in the same amount received by the Department Head group of 5% effective December 30, 2024. Per the current Compensation and Benefits Plan for Department Heads and Unrepresented Classifications, the Department Head group is scheduled to receive a salary adjustment of 5%, effective December 30, 2024. Amendment to the City Manager’s Employment Agreement and Salary Schedule Update December 2, 2024 2 To enact these changes, Section 5 of the Employment Agreement must be amended to increase the monthly salary from $24,015.23 per month to $26,656.90 per month effective December 2, 2024, and to $27,989.75 per month effective December 30, 2024. The proposed increases for the City Manager require the City Council to authorize a new salary schedule that, once approved, will be made available to the public via the City of Burlingame website. The recommended new salary schedules are attached. The salary schedules effective December 30, 2024, also contain the previously approved increases for the City Council, the City Attorney, various employee groups (i.e. Burlingame Association of Middle Managers, Department Heads/Unrepresented, Police Administrators, Police Officers Association, Police Sergeants Association, Teamsters) and related Casual/Seasonal classifications that are tied to the affected employee groups. FISCAL IMPACT The financial impact of this increase for the remainder of the fiscal year is approximately $32,784. The City Manager’s Office budget can absorb the increase using existing funds for the remainder of the current fiscal year. Exhibits: • Resolution • Eleventh Amendment to City Manager’s Employment Agreement • Employment Agreement • Salary Schedule effective December 2, 2024 • Salary Schedules effective December 30, 2024 RESOLUTION NO. ______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING AN ELEVENTH AMENDMENT OF THE CITY MANAGER’S EMPLOYMENT AGREEMENT TO PROVIDE PAY INCREASES AND REVISION TO THE CITY OF BURLINGAME MERIT AND CASUAL SALARY SCHEDULES WHEREAS, City Manager Lisa K. Goldman began her service with the City on December 27, 2012 pursuant to that certain Employment Agreement between the City and Ms. Goldman; and WHEREAS, the City Council has conducted performance evaluations for Ms. Goldman upon completion of each year with the City, all of which have been positive; and WHEREAS, the City Council determined, following its evaluation of Ms. Goldman on November 13, 2024, that an equity adjustment salary increase of 11% was warranted in recognition of Ms. Goldman’s successful performance, effective December 2, 2024; and WHEREAS, the City Department Head and Unrepresented unit is to receive a 5% increase effective December 30, 2024, as approved in their current Compensation and Benefit Plan; and WHEREAS, the City Council further determined that Ms. Goldman should receive a salary pay adjustment in the same amount (5%) and at the same time as the City Department Heads, effective December 30, 2024; and WHEREAS, all other terms and conditions of Ms. Goldman’s employment are to remain as provided in her current Employment Agreement; and WHEREAS, the City of Burlingame Salary Schedules have been revised in accordance with these actions; and WHEREAS, the City of Burlingame Salary Schedules have also been revised to reflect the previously approved pay increases granted by the City Council in applicable MOUs. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Burlingame 1) Authorizes the Mayor to execute the attached Eleventh Amendment to Ms. Goldman’s City Manager Employment Agreement, to increase Ms. Goldman’s base salary by 11%, effective December 2, 2024, by 5% effective December 30, 2024, and leaving all other terms and conditions of employment as provided in the City Manager Employment Agreement. 2) Authorizes and adopts the revised City of Burlingame Salary Schedule effective December 2, 2024. 3) Authorizes and adopts the revised City of Burlingame Salary Schedules, effective December 30, 2024. Donna Colson, 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 2nd day of December 2024, and was adopted thereafter by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers Meaghan Hassel-Shearer, City Clerk ELEVENTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF BURLINGAME AND LISA K. GOLDMAN FOR EMPLOYMENT AS CITY MANAGER OF THE CITY OF BURLINGAME This Eleventh Amendment to Employment Agreement (“Eleventh Amendment”) is entered into this 2nd day of December 2024, by and between the City of Burlingame, a Municipal Corporation existing under the laws of the State of California, herein called the “City,” and Lisa K. Goldman (“Ms. Goldman”), as follows: RECITALS A. Ms. Goldman is currently serving as City Manager for the City of Burlingame pursuant to that contract denominated “Agreement Between the City of Burlingame and Lisa K. Goldman for Employment as City Manager of the City of Burlingame” (“Employment Agreement”), entered into on November 19, 2012, and amended on January 6, 2014, January 5, 2015, January 3, 2017, January 16, 2018, January 7, 2019, January 6, 2020, January 3, 2022, January 17, 2023, January 16, 2024 and March 18, 2024. B. Ms. Goldman has successfully completed her twelfth year with the City. Subsequent to a performance evaluation, the City Council determined that her salary should be increased with an equity adjustment of 11% effective December 2, 2024. C. The City Council has further determined that Ms. Goldman should receive a salary adjustment in the same amount and at the same time as provided to Department Heads, which will be 5% effective December 30, 2024. D. Both parties are amenable to these changes and desire that all other terms and conditions of the existing Employment Agreement remain in full force and effect. AMENDMENT TO EMPLOYMENT AGREEMENT NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Paragraph 5, Monthly Compensation, of the Employment Agreement shall be amended to provide that the City shall pay Ms. Goldman a salary of $26,656.90 per month effective December 2, 2024, and $27,989.75 per month effective December 30, 2024. 2. All other terms and conditions of the Employment Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the City and Ms. Goldman have executed this Eleventh Amendment as of the date indicated above. CITY OF BURLINGAME LISA K. GOLDMAN Donna Colson, Mayor ATTEST: APPROVED AS TO FORM: Meaghan Hassel-Shearer, City Clerk Michael Guina, City Attorney CLASS PAY BASIS STEP A STEP B STEP C STEP D STEP E ANNUAL $90,817.85 $95,381.04 $100,135.71 $105,081.85 $110,347.18 MONTHLY $7,568.15 $7,948.42 $8,344.64 $8,756.82 $9,195.60 BI-WEEKLY $3,492.99 $3,668.50 $3,851.37 $4,041.61 $4,244.12 HOURLY RATE $43.6624 $45.8563 $48.1421 $50.5201 $53.0515 ANNUAL $95,061.99 $99,784.71 $104,666.98 $109,964.25 $115,452.86 MONTHLY $7,921.83 $8,315.39 $8,722.25 $9,163.69 $9,621.07 BI-WEEKLY $3,656.23 $3,837.87 $4,025.65 $4,229.39 $4,440.49 HOURLY RATE $45.7029 $47.9734 $50.3206 $52.8674 $55.5061 ANNUAL $64,970.19 $68,257.01 $71,671.45 $75,085.85 $78,691.74 MONTHLY $5,414.18 $5,688.08 $5,972.62 $6,257.15 $6,557.65 BI-WEEKLY $2,498.85 $2,625.27 $2,756.59 $2,887.92 $3,026.61 HOURLY RATE $31.2356 $32.8159 $34.4574 $36.0990 $37.8326 ANNUAL $71,671.45 $75,085.85 $78,691.74 $82,329.56 $86,382.24 MONTHLY $5,972.62 $6,257.15 $6,557.65 $6,860.80 $7,198.52 BI-WEEKLY $2,756.59 $2,887.92 $3,026.61 $3,166.52 $3,322.39 HOURLY RATE $34.4574 $36.0990 $37.8326 $39.5815 $41.5299 ANNUAL $82,329.56 $86,382.24 $90,626.38 $95,189.59 $99,944.25 MONTHLY $6,860.80 $7,198.52 $7,552.20 $7,932.47 $8,328.69 BI-WEEKLY $3,166.52 $3,322.39 $3,485.63 $3,661.14 $3,844.01 HOURLY RATE $39.5815 $41.5299 $43.5704 $45.7643 $48.0501 ANNUAL $90,817.85 $95,381.04 $100,135.71 $105,081.85 $110,347.18 MONTHLY $7,568.15 $7,948.42 $8,344.64 $8,756.82 $9,195.60 BI-WEEKLY $3,492.99 $3,668.50 $3,851.37 $4,041.61 $4,244.12 HOURLY RATE $43.6624 $45.8563 $48.1421 $50.5201 $53.0515 ANNUAL $229,308.75 $240,730.20 MONTHLY $19,109.06 $20,060.85 BI-WEEKLY $8,819.57 $9,258.85 HOURLY RATE $110.2446 $115.7356 ANNUAL $78,500.27 $82,584.88 $86,733.23 $91,009.31 $95,381.04 MONTHLY $6,541.69 $6,882.07 $7,227.77 $7,584.11 $7,948.42 BI-WEEKLY $3,019.24 $3,176.34 $3,335.89 $3,500.36 $3,668.50 HOURLY RATE $37.7405 $39.7043 $41.6986 $43.7545 $45.8563 ANNUAL $86,382.24 $90,626.38 $95,125.72 $99,593.26 $104,379.85 MONTHLY $7,198.52 $7,552.20 $7,927.14 $8,299.44 $8,698.32 BI-WEEKLY $3,322.39 $3,485.63 $3,658.68 $3,830.51 $4,014.61 HOURLY RATE $41.5299 $43.5704 $45.7335 $47.8814 $50.1826 ANNUAL $166,525.16 $174,851.39 $183,593.95 $192,773.65 $202,412.33 MONTHLY $13,877.10 $14,570.95 $15,299.50 $16,064.47 $16,867.69 BI-WEEKLY $6,404.81 $6,725.05 $7,061.31 $7,414.37 $7,785.09 HOURLY RATE $80.0601 $84.0631 $88.2664 $92.6796 $97.3136 ANNUAL $180,057.74 $188,848.39 $198,323.40 $208,140.49 $218,675.49 MONTHLY $15,004.81 $15,737.37 $16,526.95 $17,345.04 $18,222.96 BI-WEEKLY $6,925.30 $7,263.40 $7,627.82 $8,005.40 $8,410.60 HOURLY RATE $86.5663 $90.7925 $95.3478 $100.0675 $105.1325 D106 ASSIST CM ADMIN. SVCS. DIR D502 ASSIST CITY ATTORNEY A100 ADMINISTRATIVE ASSISTANT II A105 ADMINISTRATIVE ASSISTANT I D202 ACTING POLICE CHIEF CITY OF BURLINGAME SALARY SCHEDULE - MERIT EFFECTIVE DATE: 12/2/2024 JOB DESCRIPTION A109 ACCOUNTANT I A103 ACCOUNTING TECHNICIAN A102 ACCOUNTING ASSISTANT III A160 ACCOUNTING ASSISTANT II A104 ACCOUNTING ASSISTANT I A117 ACCOUNTANT II CLASS PAY BASIS STEP A STEP B STEP C STEP D STEP EJOB DESCRIPTION ANNUAL $111,400.16 $116,825.03 $122,377.48 $128,791.46 $135,301.25 MONTHLY $9,283.35 $9,735.42 $10,198.12 $10,732.62 $11,275.10 BI-WEEKLY $4,284.62 $4,493.27 $4,706.83 $4,953.52 $5,203.89 HOURLY RATE $53.5578 $56.1659 $58.8354 $61.9190 $65.0486 ANNUAL $103,217.77 $108,379.01 $113,797.73 $119,487.64 $125,462.34 MONTHLY $8,601.48 $9,031.58 $9,483.14 $9,957.30 $10,455.20 BI-WEEKLY $3,969.91 $4,168.42 $4,376.84 $4,595.68 $4,825.47 HOURLY RATE $49.6239 $52.1053 $54.7105 $57.4460 $60.3184 ANNUAL $95,030.05 $99,784.71 $104,698.92 $109,932.31 $115,452.86 MONTHLY $7,919.17 $8,315.39 $8,724.91 $9,161.03 $9,621.07 BI-WEEKLY $3,655.00 $3,837.87 $4,026.88 $4,228.17 $4,440.49 HOURLY RATE $45.6875 $47.9734 $50.3360 $52.8521 $55.5061 ANNUAL $126,821.94 $133,149.26 $139,797.66 $146,803.47 $154,166.82 MONTHLY $10,568.50 $11,095.77 $11,649.81 $12,233.62 $12,847.24 BI-WEEKLY $4,877.77 $5,121.13 $5,376.83 $5,646.29 $5,929.49 HOURLY RATE $60.9721 $64.0141 $67.2104 $70.5786 $74.1186 ANNUAL $122,505.09 $128,504.33 $134,631.18 $141,747.29 $148,895.19 MONTHLY $10,208.76 $10,708.69 $11,219.27 $11,812.27 $12,407.93 BI-WEEKLY $4,711.73 $4,942.47 $5,178.12 $5,451.82 $5,726.74 HOURLY RATE $58.8966 $61.7809 $64.7265 $68.1478 $71.5843 ANNUAL $106,103.04 $111,400.16 $116,984.55 $122,919.94 $129,078.73 MONTHLY $8,841.92 $9,283.35 $9,748.71 $10,243.33 $10,756.56 BI-WEEKLY $4,080.89 $4,284.62 $4,499.41 $4,727.69 $4,964.57 HOURLY RATE $51.0111 $53.5578 $56.2426 $59.0961 $62.0571 ANNUAL $176,228.56 $185,107.10 $194,020.72 $203,956.04 $214,173.25 MONTHLY $14,685.71 $15,425.59 $16,168.39 $16,996.34 $17,847.77 BI-WEEKLY $6,778.02 $7,119.50 $7,462.34 $7,844.46 $8,237.43 HOURLY RATE $84.7253 $88.9938 $93.2793 $98.0558 $102.9679 ANNUAL $52,365.48 $54,918.26 $57,758.27 $60,662.19 $63,598.01 MONTHLY $4,363.79 $4,576.52 $4,813.19 $5,055.18 $5,299.83 BI-WEEKLY $2,014.06 $2,112.24 $2,221.47 $2,333.16 $2,446.08 HOURLY RATE $25.1758 $26.4030 $27.7684 $29.1645 $30.5760 ANNUAL $68,927.06 MONTHLY $5,743.92 BI-WEEKLY $2,651.04 HOURLY RATE $33.1380 ANNUAL $105,369.11 $110,347.18 $116,123.04 $121,611.63 $127,451.22 MONTHLY $8,780.76 $9,195.60 $9,676.92 $10,134.30 $10,620.94 BI-WEEKLY $4,052.66 $4,244.12 $4,466.27 $4,677.37 $4,901.97 HOURLY RATE $50.6583 $53.0515 $55.8284 $58.4671 $61.2746 ANNUAL $110,634.31 $115,867.70 $121,930.68 $127,674.61 $133,833.39 MONTHLY $9,219.53 $9,655.64 $10,160.89 $10,639.55 $11,152.78 BI-WEEKLY $4,255.17 $4,456.45 $4,689.64 $4,910.56 $5,147.44 HOURLY RATE $53.1896 $55.7056 $58.6205 $61.3820 $64.3430 ANNUAL $79,936.26 $84,180.33 $87,594.90 $92,190.02 $96,721.30 MONTHLY $6,661.36 $7,015.03 $7,299.58 $7,682.50 $8,060.11 BI-WEEKLY $3,074.47 $3,237.71 $3,369.03 $3,545.77 $3,720.05 HOURLY RATE $38.4309 $40.4714 $42.1129 $44.3221 $46.5006 ANNUAL $87,816.40 $92,261.23 $96,860.32 $101,829.84 $106,953.87 MONTHLY $7,318.03 $7,688.44 $8,071.69 $8,485.82 $8,912.82 BI-WEEKLY $3,377.55 $3,548.51 $3,725.40 $3,916.53 $4,113.61 HOURLY RATE $42.2194 $44.3564 $46.5675 $48.9566 $51.4201 S603 CCTV LEADWORKER A101 BUILDING MAINTENANCE WORKER A613 BUILDING INSPECTOR II A603 BUILDING INSPECTOR I A706 BUILDING ATTENDANT - CS A705 BUILDING ATTENDANT B600 ASST. DIRECTOR OF PUBLIC WORKS A112 ASSOCIATE PLANNER A608 ASSOCIATE ENGINEER D300 ASSISTANT TO THE CITY MANAGER A111 ASSISTANT PLANNER B421 ASSISTANT PARKS SUPERVISOR A605 ASSISTANT ENGINEER CLASS PAY BASIS STEP A STEP B STEP C STEP D STEP EJOB DESCRIPTION ANNUAL $151,038.05 $158,542.32 $166,363.97 $174,537.63 $183,204.50 MONTHLY $12,586.50 $13,211.86 $13,863.66 $14,544.80 $15,267.04 BI-WEEKLY $5,809.16 $6,097.78 $6,398.61 $6,712.99 $7,046.33 HOURLY RATE $72.6145 $76.2223 $79.9826 $83.9124 $88.0791 ANNUAL $273,716.71 MONTHLY $22,809.73 BI-WEEKLY $10,527.57 HOURLY RATE $131.5946 ANNUAL $187,749.64 $197,085.61 $206,985.90 $217,343.90 $228,160.12 MONTHLY $15,645.80 $16,423.80 $17,248.83 $18,111.99 $19,013.34 BI-WEEKLY $7,221.14 $7,580.22 $7,961.00 $8,359.38 $8,775.39 HOURLY RATE $90.2643 $94.7528 $99.5125 $104.4923 $109.6924 ANNUAL $161,794.66 $170,002.09 $178,209.08 $187,368.44 $196,711.31 MONTHLY $13,482.89 $14,166.84 $14,850.76 $15,614.04 $16,392.61 BI-WEEKLY $6,222.87 $6,538.54 $6,854.20 $7,206.48 $7,565.82 HOURLY RATE $77.7859 $81.7318 $85.6775 $90.0810 $94.5728 ANNUAL $187,749.64 $197,085.61 $206,985.90 $217,343.90 $228,160.12 MONTHLY $15,645.80 $16,423.80 $17,248.83 $18,111.99 $19,013.34 BI-WEEKLY $7,221.14 $7,580.22 $7,961.00 $8,359.38 $8,775.39 HOURLY RATE $90.2643 $94.7528 $99.5125 $104.4923 $109.6924 ANNUAL $319,882.81 MONTHLY $26,656.90 BI-WEEKLY $12,303.19 HOURLY RATE $153.7899 ANNUAL $108,062.71 $113,010.93 $118,689.76 $124,567.75 $130,811.02 MONTHLY $9,005.23 $9,417.58 $9,890.81 $10,380.65 $10,900.92 BI-WEEKLY $4,156.26 $4,346.57 $4,564.99 $4,791.07 $5,031.19 HOURLY RATE $51.9533 $54.3321 $57.0624 $59.8884 $62.8899 ANNUAL $101,561.18 $106,617.91 $111,966.57 $117,535.69 $123,434.63 MONTHLY $8,463.43 $8,884.83 $9,330.55 $9,794.64 $10,286.22 BI-WEEKLY $3,906.20 $4,100.69 $4,306.41 $4,520.60 $4,747.49 HOURLY RATE $48.8275 $51.2586 $53.8301 $56.5075 $59.3436 ANNUAL $187,749.64 $197,085.61 $206,985.90 $217,343.90 $228,160.12 MONTHLY $15,645.80 $16,423.80 $17,248.83 $18,111.99 $19,013.34 BI-WEEKLY $7,221.14 $7,580.22 $7,961.00 $8,359.38 $8,775.39 HOURLY RATE $90.2643 $94.7528 $99.5125 $104.4923 $109.6924 ANNUAL $84,653.90 $88,466.47 $92,685.81 $97,016.91 $101,791.80 MONTHLY $7,054.49 $7,372.21 $7,723.82 $8,084.74 $8,482.65 BI-WEEKLY $3,255.92 $3,402.56 $3,564.84 $3,731.42 $3,915.07 HOURLY RATE $40.6990 $42.5320 $44.5605 $46.6428 $48.9384 ANNUAL $88,836.29 $92,723.07 $97,312.94 $101,791.80 $107,010.86 MONTHLY $7,403.02 $7,726.92 $8,109.41 $8,482.65 $8,917.57 BI-WEEKLY $3,416.78 $3,566.27 $3,742.81 $3,915.07 $4,115.80 HOURLY RATE $42.7098 $44.5784 $46.7851 $48.9384 $51.4475 ANNUAL $7,080.48 MONTHLY $590.04 ANNUAL $65,544.58 $68,544.15 $71,958.57 $75,755.90 $79,649.05 MONTHLY $5,462.05 $5,712.01 $5,996.55 $6,312.99 $6,637.42 BI-WEEKLY $2,520.95 $2,636.31 $2,767.64 $2,913.69 $3,063.43 HOURLY RATE $31.5119 $32.9539 $34.5955 $36.4211 $38.2929 A106 CUSTODIAN D100 COUNCIL MEMBER T901 COMMUNICATION DISPATCHER II T900 COMMUNICATION DISPATCHER I D108 COMM DEV DIRECTOR B103 CODE COMPLIANCE OFFICER D110 CODE COMP OFF SNR RISK ANALYST D200 CITY MANAGER D801 CITY LIBRARIAN B602 CITY ENGINEER D109 CITY CLERK D102 CITY ATTORNEY B604 CHIEF BUILDING OFFICIAL CLASS PAY BASIS STEP A STEP B STEP C STEP D STEP EJOB DESCRIPTION ANNUAL $95,061.99 $99,784.71 $104,666.98 $109,964.25 $115,452.86 MONTHLY $7,921.83 $8,315.39 $8,722.25 $9,163.69 $9,621.07 BI-WEEKLY $3,656.23 $3,837.87 $4,025.65 $4,229.39 $4,440.49 HOURLY RATE $45.7029 $47.9734 $50.3206 $52.8674 $55.5061 ANNUAL $119,397.64 $125,367.53 $131,635.92 $138,217.71 $145,128.57 MONTHLY $9,949.80 $10,447.29 $10,969.66 $11,518.14 $12,094.05 BI-WEEKLY $4,592.22 $4,821.83 $5,062.92 $5,316.07 $5,581.87 HOURLY RATE $57.4028 $60.2729 $63.2865 $66.4509 $69.7734 ANNUAL $161,327.43 $169,429.09 $177,863.99 $186,815.90 $196,064.12 MONTHLY $13,443.95 $14,119.09 $14,822.00 $15,567.99 $16,338.68 BI-WEEKLY $6,204.90 $6,516.50 $6,840.92 $7,185.23 $7,540.93 HOURLY RATE $77.5613 $81.4563 $85.5115 $89.8154 $94.2616 ANNUAL $143,533.79 $150,721.11 $158,260.57 $166,116.99 $174,467.20 MONTHLY $11,961.15 $12,560.09 $13,188.38 $13,843.08 $14,538.93 BI-WEEKLY $5,520.53 $5,796.97 $6,086.95 $6,389.12 $6,710.28 HOURLY RATE $69.0066 $72.4621 $76.0869 $79.8640 $83.8785 ANNUAL $198,530.36 $208,430.27 $218,894.11 $229,816.13 $241,337.13 MONTHLY $16,544.20 $17,369.19 $18,241.18 $19,151.34 $20,111.43 BI-WEEKLY $7,635.78 $8,016.55 $8,419.00 $8,839.08 $9,282.20 HOURLY RATE $95.4473 $100.2069 $105.2375 $110.4885 $116.0275 ANNUAL $115,867.70 $121,675.49 $127,770.42 $134,152.45 $140,853.70 MONTHLY $9,655.64 $10,139.62 $10,647.54 $11,179.37 $11,737.81 BI-WEEKLY $4,456.45 $4,679.83 $4,914.25 $5,159.71 $5,417.45 HOURLY RATE $55.7056 $58.4979 $61.4281 $64.4964 $67.7181 ANNUAL $114,604.95 $119,807.30 $125,889.39 $132,081.14 $138,713.00 MONTHLY $9,550.41 $9,983.94 $10,490.78 $11,006.76 $11,559.42 BI-WEEKLY $4,407.88 $4,607.97 $4,841.90 $5,080.04 $5,335.12 HOURLY RATE $55.0985 $57.5996 $60.5238 $63.5005 $66.6890 ANNUAL $89,700.99 $93,976.93 $98,667.87 $103,741.60 $108,719.67 MONTHLY $7,475.08 $7,831.41 $8,222.32 $8,645.13 $9,059.97 BI-WEEKLY $3,450.04 $3,614.50 $3,794.92 $3,990.06 $4,181.53 HOURLY RATE $43.1255 $45.1813 $47.4365 $49.8758 $52.2691 ANNUAL $89,349.87 $93,881.27 $98,667.87 $103,518.20 $108,624.01 MONTHLY $7,445.82 $7,823.44 $8,222.32 $8,626.52 $9,052.00 BI-WEEKLY $3,436.53 $3,610.82 $3,794.92 $3,981.47 $4,177.85 HOURLY RATE $42.9566 $45.1353 $47.4365 $49.7684 $52.2231 ANNUAL $105,490.26 $110,718.27 $116,340.14 $122,105.20 $128,192.45 MONTHLY $8,790.86 $9,226.52 $9,695.01 $10,175.43 $10,682.70 BI-WEEKLY $4,057.32 $4,258.40 $4,474.62 $4,696.35 $4,930.48 HOURLY RATE $50.7165 $53.2300 $55.9328 $58.7044 $61.6310 ANNUAL $87,476.79 $91,767.36 $96,335.65 $101,181.69 $106,367.31 MONTHLY $7,289.73 $7,647.28 $8,027.97 $8,431.81 $8,863.94 BI-WEEKLY $3,364.49 $3,529.51 $3,705.22 $3,891.60 $4,091.05 HOURLY RATE $42.0561 $44.1189 $46.3153 $48.6450 $51.1381 ANNUAL $90,404.51 $94,526.24 $99,388.39 $104,356.30 $109,605.46 MONTHLY $7,533.71 $7,877.19 $8,282.37 $8,696.36 $9,133.79 BI-WEEKLY $3,477.10 $3,635.62 $3,822.63 $4,013.70 $4,215.59 HOURLY RATE $43.4638 $45.4453 $47.7829 $50.1713 $52.6949 ANNUAL $122,079.04 $128,197.32 $134,609.36 $141,350.71 $148,385.65 MONTHLY $10,173.25 $10,683.11 $11,217.45 $11,779.23 $12,365.47 BI-WEEKLY $4,695.35 $4,930.67 $5,177.28 $5,436.57 $5,707.14 HOURLY RATE $58.6919 $61.6334 $64.7160 $67.9571 $71.3393 B900 FACILITIES AND FLEET MANAGER D105 EXECUTIVE ASSISTANT S607 EQUIPMENT MECHANIC A625 ENV REG COMPLIANCE MANAGER A604 ENGINEERING TECHNICIAN II A301 EMERGENCY PREP/FIRE ED B605 ELECTRICAL SUPERVISOR A451 ECON DEV & HOUSING SPECIALIST D600 DIRECTOR OF PUBLIC WORKS B107 DEPUTY FINANCE DIRECTOR B603 DEPUTY DIRECTOR OF PW OPS D501 DEPUTY CITY ATTORNEY A116 CUSTOMER SERVICE SUPERVISOR CLASS PAY BASIS STEP A STEP B STEP C STEP D STEP EJOB DESCRIPTION ANNUAL $87,816.40 $92,261.23 $96,860.32 $101,829.84 $106,953.87 MONTHLY $7,318.03 $7,688.44 $8,071.69 $8,485.82 $8,912.82 BI-WEEKLY $3,377.55 $3,548.51 $3,725.40 $3,916.53 $4,113.61 HOURLY RATE $42.2194 $44.3564 $46.5675 $48.9566 $51.4201 ANNUAL $79,914.48 $84,081.36 $87,692.93 $92,261.23 $96,706.06 MONTHLY $6,659.54 $7,006.78 $7,307.74 $7,688.44 $8,058.84 BI-WEEKLY $3,073.63 $3,233.90 $3,372.81 $3,548.51 $3,719.46 HOURLY RATE $38.4204 $40.4238 $42.1601 $44.3564 $46.4933 ANNUAL $110,102.18 $115,596.59 $121,430.36 $127,511.09 $133,838.78 MONTHLY $9,175.18 $9,633.05 $10,119.20 $10,625.92 $11,153.23 BI-WEEKLY $4,234.70 $4,446.02 $4,670.40 $4,904.27 $5,147.65 HOURLY RATE $52.9338 $55.5753 $58.3800 $61.3034 $64.3456 ANNUAL $196,733.52 $206,563.13 $216,815.51 $227,737.39 $239,082.05 MONTHLY $16,394.46 $17,213.59 $18,067.96 $18,978.12 $19,923.50 BI-WEEKLY $7,566.67 $7,944.74 $8,339.06 $8,759.13 $9,195.46 HOURLY RATE $94.5834 $99.3093 $104.2383 $109.4891 $114.9433 ANNUAL $128,955.72 $135,742.86 $142,887.22 $150,407.60 $158,323.79 MONTHLY $10,746.31 $11,311.91 $11,907.27 $12,533.97 $13,193.65 BI-WEEKLY $4,959.84 $5,220.88 $5,495.66 $5,784.91 $6,089.38 HOURLY RATE $61.9980 $65.2610 $68.6958 $72.3114 $76.1173 ANNUAL $119,331.00 $125,376.39 $131,604.61 $138,163.13 $145,050.96 MONTHLY $9,944.25 $10,448.03 $10,967.05 $11,513.59 $12,087.58 BI-WEEKLY $4,589.65 $4,822.17 $5,061.72 $5,313.97 $5,578.88 HOURLY RATE $57.3706 $60.2771 $63.2715 $66.4246 $69.7360 ANNUAL $110,102.18 $115,596.59 $121,430.36 $127,511.09 $133,838.78 MONTHLY $9,175.18 $9,633.05 $10,119.20 $10,625.92 $11,153.23 BI-WEEKLY $4,234.70 $4,446.02 $4,670.40 $4,904.27 $5,147.65 HOURLY RATE $52.9338 $55.5753 $58.3800 $61.3034 $64.3456 ANNUAL $79,298.06 $83,254.94 $87,403.42 $91,775.17 $96,370.31 MONTHLY $6,608.17 $6,937.91 $7,283.62 $7,647.93 $8,030.86 BI-WEEKLY $3,049.93 $3,202.11 $3,361.67 $3,529.81 $3,706.55 HOURLY RATE $38.1241 $40.0264 $42.0209 $44.1226 $46.3319 ANNUAL $91,775.17 $96,370.31 $101,252.57 $106,230.64 $111,559.70 MONTHLY $7,647.93 $8,030.86 $8,437.71 $8,852.55 $9,296.64 BI-WEEKLY $3,529.81 $3,706.55 $3,894.33 $4,085.79 $4,290.76 HOURLY RATE $44.1226 $46.3319 $48.6791 $51.0724 $53.6345 ANNUAL $105,870.91 $111,191.18 $116,511.15 $122,465.18 $128,630.91 MONTHLY $8,822.58 $9,265.93 $9,709.26 $10,205.43 $10,719.24 BI-WEEKLY $4,071.96 $4,276.58 $4,481.20 $4,710.20 $4,947.34 HOURLY RATE $50.8995 $53.4573 $56.0150 $58.8775 $61.8418 ANNUAL $187,749.64 $197,085.61 $206,985.90 $217,343.90 $228,160.12 MONTHLY $15,645.80 $16,423.80 $17,248.83 $18,111.99 $19,013.34 BI-WEEKLY $7,221.14 $7,580.22 $7,961.00 $8,359.38 $8,775.39 HOURLY RATE $90.2643 $94.7528 $99.5125 $104.4923 $109.6924 ANNUAL $80,553.97 $84,350.71 $88,489.61 $92,902.07 $97,759.15 MONTHLY $6,712.83 $7,029.23 $7,374.13 $7,741.84 $8,146.60 BI-WEEKLY $3,098.23 $3,244.26 $3,403.45 $3,573.16 $3,759.97 HOURLY RATE $38.7279 $40.5533 $42.5431 $44.6645 $46.9996 ANNUAL $87,816.40 $92,261.23 $96,860.32 $101,829.84 $106,953.87 MONTHLY $7,318.03 $7,688.44 $8,071.69 $8,485.82 $8,912.82 BI-WEEKLY $3,377.55 $3,548.51 $3,725.40 $3,916.53 $4,113.61 HOURLY RATE $42.2194 $44.3564 $46.5675 $48.9566 $51.4201 S610 INSTRUMENTATION MECHANIC TECH D400 HUMAN RESOURCES TECHNICIAN D805 HUMAN RESOURCES DIRECTOR D107 HUMAN RESOURCES ANALYST II A614 GREEN BUILDING SPECIALIST A805 GRAPHIC ARTIST B612 FLEET SUPERVISOR B606 FLEET MANAGER B108 FINANCIAL SERVICES MANAGER D103 FINANCE DIRECTOR B611 FACILITIES SUPERVISOR S703 FACILITIES MAINTENANCE WORKER S704 FACILITIES LEADWORKER CLASS PAY BASIS STEP A STEP B STEP C STEP D STEP EJOB DESCRIPTION ANNUAL $79,574.87 $83,309.72 $87,476.79 $91,767.36 $96,335.65 MONTHLY $6,631.24 $6,942.48 $7,289.73 $7,647.28 $8,027.97 BI-WEEKLY $3,060.57 $3,204.22 $3,364.49 $3,529.51 $3,705.22 HOURLY RATE $38.2571 $40.0528 $42.0561 $44.1189 $46.3153 ANNUAL $101,156.90 $105,975.44 $111,400.16 $116,825.03 $122,377.48 MONTHLY $8,429.74 $8,831.29 $9,283.35 $9,735.42 $10,198.12 BI-WEEKLY $3,890.65 $4,075.98 $4,284.62 $4,493.27 $4,706.83 HOURLY RATE $48.6331 $50.9498 $53.5578 $56.1659 $58.8354 ANNUAL $91,857.07 $96,335.20 $101,160.76 $106,229.12 $111,679.45 MONTHLY $7,654.76 $8,027.93 $8,430.06 $8,852.43 $9,306.62 BI-WEEKLY $3,532.96 $3,705.20 $3,890.80 $4,085.74 $4,295.36 HOURLY RATE $44.1620 $46.3150 $48.6350 $51.0718 $53.6920 ANNUAL $87,816.40 $92,261.23 $96,860.32 $101,829.84 $106,953.87 MONTHLY $7,318.03 $7,688.44 $8,071.69 $8,485.82 $8,912.82 BI-WEEKLY $3,377.55 $3,548.51 $3,725.40 $3,916.53 $4,113.61 HOURLY RATE $42.2194 $44.3564 $46.5675 $48.9566 $51.4201 ANNUAL $87,816.40 $92,261.23 $96,860.32 $101,829.84 $106,953.87 MONTHLY $7,318.03 $7,688.44 $8,071.69 $8,485.82 $8,912.82 BI-WEEKLY $3,377.55 $3,548.51 $3,725.40 $3,916.53 $4,113.61 HOURLY RATE $42.2194 $44.3564 $46.5675 $48.9566 $51.4201 ANNUAL $83,159.29 $87,180.03 $91,200.77 $95,859.63 $100,422.98 MONTHLY $6,929.94 $7,265.00 $7,600.06 $7,988.30 $8,368.58 BI-WEEKLY $3,198.43 $3,353.08 $3,507.72 $3,686.91 $3,862.42 HOURLY RATE $39.9804 $41.9135 $43.8465 $46.0864 $48.2803 ANNUAL $91,551.77 $96,114.97 $100,742.05 $105,656.24 $111,176.77 MONTHLY $7,629.31 $8,009.58 $8,395.17 $8,804.69 $9,264.73 BI-WEEKLY $3,521.22 $3,696.73 $3,874.69 $4,063.70 $4,276.03 HOURLY RATE $44.0153 $46.2091 $48.4336 $50.7963 $53.4504 ANNUAL $109,988.11 $115,484.22 $121,053.07 $127,318.46 $133,546.78 MONTHLY $9,165.68 $9,623.69 $10,087.76 $10,609.87 $11,128.90 BI-WEEKLY $4,230.31 $4,441.70 $4,655.89 $4,896.86 $5,136.41 HOURLY RATE $52.8789 $55.5213 $58.1986 $61.2108 $64.2051 ANNUAL $63,693.67 $66,980.49 $70,299.24 $73,522.21 $77,383.43 MONTHLY $5,307.81 $5,581.71 $5,858.27 $6,126.85 $6,448.62 BI-WEEKLY $2,449.76 $2,576.17 $2,703.82 $2,827.78 $2,976.29 HOURLY RATE $30.6220 $32.2021 $33.7978 $35.3473 $37.2036 ANNUAL $71,065.11 $74,224.21 $78,213.15 $81,723.23 $85,743.99 MONTHLY $5,922.09 $6,185.35 $6,517.76 $6,810.27 $7,145.33 BI-WEEKLY $2,733.27 $2,854.78 $3,008.20 $3,143.20 $3,297.85 HOURLY RATE $34.1659 $35.6848 $37.6025 $39.2900 $41.2231 ANNUAL $79,330.00 $82,935.88 $87,275.69 $91,615.63 $95,923.51 MONTHLY $6,610.83 $6,911.32 $7,272.97 $7,634.64 $7,993.63 BI-WEEKLY $3,051.15 $3,189.84 $3,356.76 $3,523.68 $3,689.37 HOURLY RATE $38.1394 $39.8730 $41.9595 $44.0460 $46.1171 ANNUAL $86,759.84 $90,862.99 $95,149.59 $100,132.46 $104,748.71 MONTHLY $7,229.99 $7,571.92 $7,929.13 $8,344.37 $8,729.06 BI-WEEKLY $3,336.92 $3,494.73 $3,659.60 $3,851.25 $4,028.80 HOURLY RATE $41.7115 $43.6841 $45.7450 $48.1406 $50.3600 ANNUAL $128,234.07 $134,792.31 $141,460.33 $148,568.48 $156,262.33 MONTHLY $10,686.17 $11,232.69 $11,788.36 $12,380.71 $13,021.86 BI-WEEKLY $4,932.08 $5,184.32 $5,440.78 $5,714.17 $6,010.09 HOURLY RATE $61.6510 $64.8040 $68.0098 $71.4271 $75.1261 B805 LIBRARY SERVICES MANAGER B803 LIBRARY CIRCULATION SUPE A802 LIBRARY ASSISTANT III A803 LIBRARY ASSISTANT II A804 LIBRARY ASSISTANT I B801 LIBRARIAN III A800 LIBRARIAN II A801 LIBRARIAN I S501 LEAD WATER SYSTEM OPERATOR S601 LEAD ST MNT & SW COL SYS OPR S608 LEAD EQUIPMENT MECHANIC A606 JUNIOR ENGINEER S404 IRRIGATION REPAIR SPECIALIST CLASS PAY BASIS STEP A STEP B STEP C STEP D STEP EJOB DESCRIPTION ANNUAL $109,988.11 $115,484.22 $121,053.07 $127,318.46 $133,546.78 MONTHLY $9,165.68 $9,623.69 $10,087.76 $10,609.87 $11,128.90 BI-WEEKLY $4,230.31 $4,441.70 $4,655.89 $4,896.86 $5,136.41 HOURLY RATE $52.8789 $55.5213 $58.1986 $61.2108 $64.2051 ANNUAL $98,002.36 $102,910.23 $108,157.52 $113,559.26 $119,300.62 MONTHLY $8,166.86 $8,575.85 $9,013.13 $9,463.27 $9,941.72 BI-WEEKLY $3,769.32 $3,958.09 $4,159.90 $4,367.66 $4,588.49 HOURLY RATE $47.1165 $49.4761 $51.9988 $54.5958 $57.3561 ANNUAL $98,621.90 $103,812.30 $109,276.20 $115,027.56 $121,081.64 MONTHLY $8,218.49 $8,651.03 $9,106.35 $9,585.63 $10,090.14 BI-WEEKLY $3,793.15 $3,992.78 $4,202.93 $4,424.14 $4,656.99 HOURLY RATE $47.4144 $49.9098 $52.5366 $55.3018 $58.2124 ANNUAL $94,710.85 $99,465.66 $104,379.85 $109,645.06 $115,101.85 MONTHLY $7,892.57 $8,288.81 $8,698.32 $9,137.09 $9,591.82 BI-WEEKLY $3,642.73 $3,825.60 $4,014.61 $4,217.12 $4,426.99 HOURLY RATE $45.5341 $47.8200 $50.1826 $52.7140 $55.3374 ANNUAL $62,385.36 $65,544.58 $68,829.89 $72,086.30 $76,011.23 MONTHLY $5,198.78 $5,462.05 $5,735.82 $6,007.19 $6,334.27 BI-WEEKLY $2,399.44 $2,520.95 $2,647.30 $2,772.55 $2,923.51 HOURLY RATE $29.9930 $31.5119 $33.0913 $34.6569 $36.5439 ANNUAL $68,320.75 $71,448.04 $75,022.00 $78,755.61 $82,361.50 MONTHLY $5,693.40 $5,954.00 $6,251.83 $6,562.97 $6,863.46 BI-WEEKLY $2,627.72 $2,748.00 $2,885.46 $3,029.06 $3,167.75 HOURLY RATE $32.8465 $34.3500 $36.0683 $37.8633 $39.5969 ANNUAL $87,816.40 $92,261.23 $96,860.32 $101,829.84 $106,953.87 MONTHLY $7,318.03 $7,688.44 $8,071.69 $8,485.82 $8,912.82 BI-WEEKLY $3,377.55 $3,548.51 $3,725.40 $3,916.53 $4,113.61 HOURLY RATE $42.2194 $44.3564 $46.5675 $48.9566 $51.4201 ANNUAL $71,765.63 $75,068.24 $79,266.14 $82,970.16 $86,952.13 MONTHLY $5,980.47 $6,255.69 $6,605.51 $6,914.18 $7,246.01 BI-WEEKLY $2,760.22 $2,887.24 $3,048.70 $3,191.16 $3,344.31 HOURLY RATE $34.5028 $36.0905 $38.1088 $39.8895 $41.8039 ANNUAL $75,068.24 $79,266.14 $82,970.16 $86,952.13 $91,242.48 MONTHLY $6,255.69 $6,605.51 $6,914.18 $7,246.01 $7,603.54 BI-WEEKLY $2,887.24 $3,048.70 $3,191.16 $3,344.31 $3,509.33 HOURLY RATE $36.0905 $38.1088 $39.8895 $41.8039 $43.8666 ANNUAL $69,724.86 $73,043.62 $76,649.50 $80,542.51 $84,563.26 MONTHLY $5,810.41 $6,086.97 $6,387.46 $6,711.88 $7,046.94 BI-WEEKLY $2,681.73 $2,809.37 $2,948.06 $3,097.79 $3,252.43 HOURLY RATE $33.5216 $35.1171 $36.8508 $38.7224 $40.6554 ANNUAL $75,755.90 $79,649.05 $83,318.81 $87,371.49 $91,743.23 MONTHLY $6,312.99 $6,637.42 $6,943.23 $7,280.96 $7,645.27 BI-WEEKLY $2,913.69 $3,063.43 $3,204.57 $3,360.44 $3,528.59 HOURLY RATE $36.4211 $38.2929 $40.0571 $42.0055 $44.1074 ANNUAL $187,749.64 $197,085.61 $206,985.90 $217,343.90 $228,160.12 MONTHLY $15,645.80 $16,423.80 $17,248.83 $18,111.99 $19,013.34 BI-WEEKLY $7,221.14 $7,580.22 $7,961.00 $8,359.38 $8,775.39 HOURLY RATE $90.2643 $94.7528 $99.5125 $104.4923 $109.6924 ANNUAL $112,846.08 $118,671.79 $124,533.91 $130,725.77 $138,786.10 MONTHLY $9,403.84 $9,889.32 $10,377.83 $10,893.81 $11,565.51 BI-WEEKLY $4,340.23 $4,564.30 $4,789.77 $5,027.91 $5,337.93 HOURLY RATE $54.2529 $57.0538 $59.8721 $62.8489 $66.7241 B430 PARKS SUPE/CITY ARBORIST D705 PARKS & RECREATION DIRECTOR A200 PARKING SYSTEM TECHNICIAN A201 PARKING ENFORCEMENT OFFICER S406 PARK MAINTENANCE WORKER II S407 PARK MAINTENANCE WORKER I S401 PARK MAINTENANCE LEAD WORKER A670 OFFICE ASSISTANT II A107 OFFICE ASSISTANT I A120 MANAGEMENT ASSISTANT A121 MANAGEMENT ANALYST S606 MAINTENANCE ELECTRICIAN B802 LIBRARY TECHNICAL SERVICES MGR CLASS PAY BASIS STEP A STEP B STEP C STEP D STEP EJOB DESCRIPTION ANNUAL $133,316.63 $140,221.82 $147,057.06 $154,490.83 $162,488.40 MONTHLY $11,109.72 $11,685.15 $12,254.76 $12,874.24 $13,540.70 BI-WEEKLY $5,127.56 $5,393.15 $5,656.04 $5,941.96 $6,249.55 HOURLY RATE $64.0945 $67.4144 $70.7005 $74.2745 $78.1194 ANNUAL $110,171.37 $115,776.85 $121,602.50 $127,721.46 $135,598.56 MONTHLY $9,180.95 $9,648.07 $10,133.54 $10,643.46 $11,299.88 BI-WEEKLY $4,237.36 $4,452.96 $4,677.02 $4,912.36 $5,215.33 HOURLY RATE $52.9670 $55.6620 $58.4628 $61.4045 $65.1916 ANNUAL $95,061.99 $99,784.71 $104,666.98 $109,964.25 $115,452.86 MONTHLY $7,921.83 $8,315.39 $8,722.25 $9,163.69 $9,621.07 BI-WEEKLY $3,656.23 $3,837.87 $4,025.65 $4,229.39 $4,440.49 HOURLY RATE $45.7029 $47.9734 $50.3206 $52.8674 $55.5061 ANNUAL $83,446.42 $87,562.95 $92,062.29 $96,561.77 $101,348.37 MONTHLY $6,953.87 $7,296.91 $7,671.86 $8,046.81 $8,445.70 BI-WEEKLY $3,209.48 $3,367.81 $3,540.86 $3,713.91 $3,898.01 HOURLY RATE $40.1185 $42.0976 $44.2608 $46.4239 $48.7251 ANNUAL $106,103.04 $111,368.23 $117,048.42 $122,505.09 $128,791.46 MONTHLY $8,841.92 $9,280.69 $9,754.04 $10,208.76 $10,732.62 BI-WEEKLY $4,080.89 $4,283.39 $4,501.86 $4,711.73 $4,953.52 HOURLY RATE $51.0111 $53.5424 $56.2733 $58.8966 $61.9190 ANNUAL $184,261.81 $193,351.33 $203,145.53 $210,544.38 $223,791.53 MONTHLY $15,355.15 $16,112.61 $16,928.79 $17,545.37 $18,649.29 BI-WEEKLY $7,086.99 $7,436.59 $7,813.29 $8,097.86 $8,607.37 HOURLY RATE $88.5874 $92.9574 $97.6661 $101.2233 $107.5921 ANNUAL $145,999.93 $153,293.00 $160,902.84 $168,971.06 $177,461.61 MONTHLY $12,166.66 $12,774.42 $13,408.57 $14,080.92 $14,788.47 BI-WEEKLY $5,615.38 $5,895.88 $6,188.57 $6,498.89 $6,825.45 HOURLY RATE $70.1923 $73.6985 $77.3571 $81.2361 $85.3181 ANNUAL $81,404.17 $85,456.84 $89,669.04 $93,913.21 $98,412.54 MONTHLY $6,783.68 $7,121.40 $7,472.42 $7,826.10 $8,201.05 BI-WEEKLY $3,130.93 $3,286.80 $3,448.81 $3,612.05 $3,785.10 HOURLY RATE $39.1366 $41.0850 $43.1101 $45.1506 $47.3138 ANNUAL $181,816.22 $190,641.63 $198,978.58 $208,780.91 $218,912.76 MONTHLY $15,151.35 $15,886.80 $16,581.55 $17,398.41 $18,242.73 BI-WEEKLY $6,992.93 $7,332.37 $7,653.02 $8,030.04 $8,419.72 HOURLY RATE $87.4116 $91.6546 $95.6628 $100.3755 $105.2465 ANNUAL $214,515.64 $225,210.83 $236,444.66 $248,144.51 $260,634.74 MONTHLY $17,876.30 $18,767.57 $19,703.72 $20,678.71 $21,719.56 BI-WEEKLY $8,250.60 $8,661.96 $9,094.03 $9,544.02 $10,024.41 HOURLY RATE $103.1325 $108.2745 $113.6754 $119.3003 $125.3051 ANNUAL $64,970.19 $68,257.01 $71,671.45 $75,085.85 $78,691.74 MONTHLY $5,414.18 $5,688.08 $5,972.62 $6,257.15 $6,557.65 BI-WEEKLY $2,498.85 $2,625.27 $2,756.59 $2,887.92 $3,026.61 HOURLY RATE $31.2356 $32.8159 $34.4574 $36.0990 $37.8326 ANNUAL $71,671.45 $75,085.85 $78,691.74 $82,329.56 $86,382.24 MONTHLY $5,972.62 $6,257.15 $6,557.65 $6,860.80 $7,198.52 BI-WEEKLY $2,756.59 $2,887.92 $3,026.61 $3,166.52 $3,322.39 HOURLY RATE $34.4574 $36.0990 $37.8326 $39.5815 $41.5299 ANNUAL $99,465.66 MONTHLY $8,288.81 BI-WEEKLY $3,825.60 HOURLY RATE $47.8200 A204 POLICE CLERK III A203 POLICE CLERK II A202 POLICE CLERK I D201 POLICE CHIEF M200 POLICE CAPTAIN A205 POLICE ADM SERVICES COORD B111 PLANNING MANAGER D104 PLANNING DIRECTOR A108 PLANNER A609 PERMIT TECHNICIAN A114 PAYROLL ADMINISTRATOR B420 PARKS SUPERVISOR B410 PARKS SUPERINT/CITY ARBORIST CLASS PAY BASIS STEP A STEP B STEP C STEP D STEP EJOB DESCRIPTION ANNUAL $155,575.30 $163,320.09 $171,506.61 $180,066.64 $189,079.99 MONTHLY $12,964.61 $13,610.01 $14,292.22 $15,005.55 $15,756.67 BI-WEEKLY $5,983.67 $6,281.54 $6,596.41 $6,925.64 $7,272.31 HOURLY RATE $74.7959 $78.5193 $82.4551 $86.5705 $90.9039 ANNUAL $107,013.55 $112,897.33 $118,000.92 $124,209.81 $130,126.07 MONTHLY $8,917.80 $9,408.11 $9,833.41 $10,350.82 $10,843.84 BI-WEEKLY $4,115.91 $4,342.21 $4,538.50 $4,777.30 $5,004.85 HOURLY RATE $51.4489 $54.2776 $56.7313 $59.7163 $62.5606 ANNUAL $102,975.74 MONTHLY $8,581.31 BI-WEEKLY $3,960.61 HOURLY RATE $49.5076 ANNUAL $129,996.13 $136,139.91 $142,901.44 $150,183.00 $157,822.15 MONTHLY $10,833.01 $11,344.99 $11,908.45 $12,515.25 $13,151.85 BI-WEEKLY $4,999.85 $5,236.15 $5,496.21 $5,776.27 $6,070.08 HOURLY RATE $62.4981 $65.4519 $68.7026 $72.2034 $75.8760 ANNUAL $127,391.57 $133,761.39 $140,449.41 $147,471.87 $154,845.57 MONTHLY $10,615.96 $11,146.78 $11,704.12 $12,289.32 $12,903.80 BI-WEEKLY $4,899.68 $5,144.67 $5,401.90 $5,672.00 $5,955.60 HOURLY RATE $61.2460 $64.3084 $67.5238 $70.9000 $74.4450 ANNUAL $56,769.17 $59,577.27 $62,513.09 $65,608.32 $68,927.06 MONTHLY $4,730.76 $4,964.77 $5,209.42 $5,467.36 $5,743.92 BI-WEEKLY $2,183.43 $2,291.43 $2,404.35 $2,523.40 $2,651.04 HOURLY RATE $27.2929 $28.6429 $30.0544 $31.5425 $33.1380 ANNUAL $156,362.29 MONTHLY $13,030.19 BI-WEEKLY $6,013.93 HOURLY RATE $75.1741 ANNUAL $105,049.92 $110,219.43 $115,803.85 $121,579.69 $127,738.49 MONTHLY $8,754.16 $9,184.95 $9,650.32 $10,131.64 $10,644.87 BI-WEEKLY $4,040.38 $4,239.21 $4,453.99 $4,676.14 $4,913.02 HOURLY RATE $50.5048 $52.9901 $55.6749 $58.4518 $61.4128 ANNUAL $62,513.35 $65,608.41 $68,927.06 $72,373.44 $75,991.99 MONTHLY $5,209.45 $5,467.37 $5,743.92 $6,031.12 $6,332.67 BI-WEEKLY $2,404.36 $2,523.40 $2,651.04 $2,783.59 $2,922.77 HOURLY RATE $30.0545 $31.5425 $33.1380 $34.7949 $36.5346 ANNUAL $81,914.69 $85,839.78 $89,892.46 $94,359.86 $99,050.81 MONTHLY $6,826.22 $7,153.32 $7,491.04 $7,863.32 $8,254.23 BI-WEEKLY $3,150.57 $3,301.53 $3,457.40 $3,629.23 $3,809.65 HOURLY RATE $39.3821 $41.2691 $43.2175 $45.3654 $47.6206 ANNUAL $118,417.69 $124,650.18 $131,210.70 $138,116.52 $145,385.80 MONTHLY $9,868.14 $10,387.52 $10,934.23 $11,509.71 $12,115.48 BI-WEEKLY $4,554.53 $4,794.24 $5,046.57 $5,312.17 $5,591.76 HOURLY RATE $56.9316 $59.9280 $63.0821 $66.4021 $69.8970 ANNUAL $128,234.07 $134,829.09 $141,460.33 $148,641.78 $156,299.13 MONTHLY $10,686.17 $11,235.76 $11,788.36 $12,386.82 $13,024.93 BI-WEEKLY $4,932.08 $5,185.73 $5,440.78 $5,716.99 $6,011.51 HOURLY RATE $61.6510 $64.8216 $68.0098 $71.4624 $75.1439 ANNUAL $107,973.03 $113,578.67 $118,818.29 $125,046.58 $131,275.21 MONTHLY $8,997.75 $9,464.89 $9,901.52 $10,420.55 $10,939.60 BI-WEEKLY $4,152.81 $4,368.41 $4,569.93 $4,809.48 $5,049.05 HOURLY RATE $51.9101 $54.6051 $57.1241 $60.1185 $63.1131 B700 RECREATION SUPERVISOR B710 RECREATION SUPERINTENDENT B711 RECREATION MANAGER A701 RECREATION COORDINATOR II A702 RECREATION COORDINATOR I A611 PUBLIC WORKS INSPECTOR A610 PROJECT MGR GIS COORDINATOR A711 PROGRAM COORDINATOR B201 POLICE SERVICES MANAGER M201 POLICE SERGEANT P201 POLICE OFFICER TRAINEE P200 POLICE OFFICER M202 POLICE LIEUTENANT CLASS PAY BASIS STEP A STEP B STEP C STEP D STEP EJOB DESCRIPTION ANNUAL $101,302.47 $106,604.61 $112,280.03 $118,142.23 $124,378.37 MONTHLY $8,441.87 $8,883.72 $9,356.67 $9,845.19 $10,364.86 BI-WEEKLY $3,896.25 $4,100.18 $4,318.46 $4,543.93 $4,783.78 HOURLY RATE $48.7031 $51.2523 $53.9808 $56.7991 $59.7973 ANNUAL $118,197.21 $124,036.79 $129,908.46 $136,801.15 $143,693.87 MONTHLY $9,849.77 $10,336.40 $10,825.71 $11,400.10 $11,974.49 BI-WEEKLY $4,546.05 $4,770.65 $4,996.48 $5,261.58 $5,526.69 HOURLY RATE $56.8256 $59.6331 $62.4560 $65.7698 $69.0836 ANNUAL $154,064.14 $161,758.23 $169,891.88 $178,355.29 $187,331.70 MONTHLY $12,838.68 $13,479.85 $14,157.66 $14,862.94 $15,610.98 BI-WEEKLY $5,925.54 $6,221.47 $6,534.30 $6,859.82 $7,205.07 HOURLY RATE $74.0693 $77.7684 $81.6788 $85.7478 $90.0634 ANNUAL $116,458.00 $122,310.30 $128,162.27 $134,711.69 $141,494.00 MONTHLY $9,704.83 $10,192.53 $10,680.19 $11,225.97 $11,791.17 BI-WEEKLY $4,479.15 $4,704.24 $4,929.32 $5,181.22 $5,442.08 HOURLY RATE $55.9894 $58.8030 $61.6165 $64.7653 $68.0260 ANNUAL $111,196.90 $116,275.06 $122,137.65 $128,186.61 $134,608.99 MONTHLY $9,266.41 $9,689.59 $10,178.14 $10,682.22 $11,217.42 BI-WEEKLY $4,276.80 $4,472.12 $4,697.60 $4,930.25 $5,177.27 HOURLY RATE $53.4600 $55.9015 $58.7200 $61.6281 $64.7159 ANNUAL $128,185.94 $134,540.72 $141,238.15 $148,309.52 $155,785.73 MONTHLY $10,682.16 $11,211.73 $11,769.85 $12,359.13 $12,982.14 BI-WEEKLY $4,930.23 $5,174.64 $5,432.24 $5,704.21 $5,991.76 HOURLY RATE $61.6279 $64.6830 $67.9030 $71.3026 $74.8970 ANNUAL $116,665.49 $122,505.09 $128,504.33 $134,631.18 $141,747.29 MONTHLY $9,722.12 $10,208.76 $10,708.69 $11,219.27 $11,812.27 BI-WEEKLY $4,487.13 $4,711.73 $4,942.47 $5,178.12 $5,451.82 HOURLY RATE $56.0891 $58.8966 $61.7809 $64.7265 $68.1478 ANNUAL $99,117.19 $104,079.93 $109,352.78 $114,729.08 $120,484.47 MONTHLY $8,259.77 $8,673.33 $9,112.73 $9,560.76 $10,040.37 BI-WEEKLY $3,812.20 $4,003.07 $4,205.88 $4,412.66 $4,634.02 HOURLY RATE $47.6525 $50.0384 $52.5735 $55.1583 $57.9253 ANNUAL $110,102.18 $115,596.59 $121,430.36 $127,511.09 $133,838.78 MONTHLY $9,175.18 $9,633.05 $10,119.20 $10,625.92 $11,153.23 BI-WEEKLY $4,234.70 $4,446.02 $4,670.40 $4,904.27 $5,147.65 HOURLY RATE $52.9338 $55.5753 $58.3800 $61.3034 $64.3456 ANNUAL $75,068.24 $79,266.14 $82,970.16 $86,952.13 $91,242.48 MONTHLY $6,255.69 $6,605.51 $6,914.18 $7,246.01 $7,603.54 BI-WEEKLY $2,887.24 $3,048.70 $3,191.16 $3,344.31 $3,509.33 HOURLY RATE $36.0905 $38.1088 $39.8895 $41.8039 $43.8666 ANNUAL $71,456.84 $75,068.24 $79,266.14 $82,970.16 $86,952.13 MONTHLY $5,954.74 $6,255.69 $6,605.51 $6,914.18 $7,246.01 BI-WEEKLY $2,748.34 $2,887.24 $3,048.70 $3,191.16 $3,344.31 HOURLY RATE $34.3543 $36.0905 $38.1088 $39.8895 $41.8039 ANNUAL $122,079.04 $128,197.32 $134,609.36 $141,350.71 $148,385.65 MONTHLY $10,173.25 $10,683.11 $11,217.45 $11,779.23 $12,365.47 BI-WEEKLY $4,695.35 $4,930.67 $5,177.28 $5,436.57 $5,707.14 HOURLY RATE $58.6919 $61.6334 $64.7160 $67.9571 $71.3393 ANNUAL $116,979.51 $122,843.48 $128,968.72 $135,430.04 $142,190.88 MONTHLY $9,748.29 $10,236.96 $10,747.39 $11,285.84 $11,849.24 BI-WEEKLY $4,499.21 $4,724.75 $4,960.34 $5,208.85 $5,468.88 HOURLY RATE $56.2401 $59.0594 $62.0043 $65.1106 $68.3610 A115 SUSTAINABILITY PROGRAM MGR B607 STREETS STORM SEWER DIV MGR S605 STREET MNT&SEWR COL S OPR TRN S604 STREET MNT &SEWER COLL SYS OPR B608 STREET & SEWER SUPERVISOR A615 SR GREEN BUILDING SPECIALIST A607 SENIOR PUBLIC WORKS INSPECTOR A113 SENIOR PLANNER B610 SENIOR MANAGEMENT ANALYST D111 SENIOR HR ANALYST B601 SENIOR CIVIL ENGINEER A602 SENIOR BUILDING INSPECTOR B106 SENIOR ACCOUNTANT CLASS PAY BASIS STEP A STEP B STEP C STEP D STEP EJOB DESCRIPTION ANNUAL $87,816.40 $92,261.23 $96,860.32 $101,829.84 $106,953.87 MONTHLY $7,318.03 $7,688.44 $8,071.69 $8,485.82 $8,912.82 BI-WEEKLY $3,377.55 $3,548.51 $3,725.40 $3,916.53 $4,113.61 HOURLY RATE $42.2194 $44.3564 $46.5675 $48.9566 $51.4201 ANNUAL $116,825.03 $122,377.48 $128,791.46 $135,301.25 $142,130.23 MONTHLY $9,735.42 $10,198.12 $10,732.62 $11,275.10 $11,844.19 BI-WEEKLY $4,493.27 $4,706.83 $4,953.52 $5,203.89 $5,466.55 HOURLY RATE $56.1659 $58.8354 $61.9190 $65.0486 $68.3319 ANNUAL $134,695.06 $141,491.96 $148,576.13 $155,947.56 $163,861.32 MONTHLY $11,224.59 $11,791.00 $12,381.34 $12,995.63 $13,655.11 BI-WEEKLY $5,180.58 $5,442.00 $5,714.47 $5,997.98 $6,302.36 HOURLY RATE $64.7573 $68.0250 $71.4309 $74.9748 $78.7795 ANNUAL $136,481.96 $143,374.65 $150,426.91 $158,021.73 $165,903.70 MONTHLY $11,373.50 $11,947.89 $12,535.58 $13,168.48 $13,825.31 BI-WEEKLY $5,249.31 $5,514.41 $5,785.65 $6,077.76 $6,380.91 HOURLY RATE $65.6164 $68.9301 $72.3206 $75.9720 $79.7614 ANNUAL $87,816.40 $92,261.23 $96,860.32 $101,829.84 $106,953.87 MONTHLY $7,318.03 $7,688.44 $8,071.69 $8,485.82 $8,912.82 BI-WEEKLY $3,377.55 $3,548.51 $3,725.40 $3,916.53 $4,113.61 HOURLY RATE $42.2194 $44.3564 $46.5675 $48.9566 $51.4201 ANNUAL $76,951.27 $81,334.25 $85,038.27 $89,143.53 $93,526.69 MONTHLY $6,412.61 $6,777.85 $7,086.52 $7,428.63 $7,793.89 BI-WEEKLY $2,959.66 $3,128.24 $3,270.70 $3,428.60 $3,597.18 HOURLY RATE $36.9958 $39.1030 $40.8838 $42.8575 $44.9648 ANNUAL $79,420.61 $83,155.42 $87,353.32 $91,643.91 $96,273.82 MONTHLY $6,618.38 $6,929.62 $7,279.44 $7,636.99 $8,022.82 BI-WEEKLY $3,054.64 $3,198.29 $3,359.74 $3,524.77 $3,702.84 HOURLY RATE $38.1830 $39.9786 $41.9968 $44.0596 $46.2855 ANNUAL $87,816.40 $92,261.23 $96,860.32 $101,829.84 $106,953.87 MONTHLY $7,318.03 $7,688.44 $8,071.69 $8,485.82 $8,912.82 BI-WEEKLY $3,377.55 $3,548.51 $3,725.40 $3,916.53 $4,113.61 HOURLY RATE $42.2194 $44.3564 $46.5675 $48.9566 $51.4201 ANNUAL $122,079.04 $128,197.32 $134,609.36 $141,350.71 $148,385.65 MONTHLY $10,173.25 $10,683.11 $11,217.45 $11,779.23 $12,365.47 BI-WEEKLY $4,695.35 $4,930.67 $5,177.28 $5,436.57 $5,707.14 HOURLY RATE $58.6919 $61.6334 $64.7160 $67.9571 $71.3393 ANNUAL $75,809.04 $79,451.40 $83,248.11 $87,414.99 $91,767.36 MONTHLY $6,317.42 $6,620.95 $6,937.34 $7,284.58 $7,647.28 BI-WEEKLY $2,915.73 $3,055.82 $3,201.85 $3,362.12 $3,529.51 HOURLY RATE $36.4466 $38.1978 $40.0231 $42.0265 $44.1189 ANNUAL $110,102.18 $115,596.59 $121,430.36 $127,511.09 $133,838.78 MONTHLY $9,175.18 $9,633.05 $10,119.20 $10,625.92 $11,153.23 BI-WEEKLY $4,234.70 $4,446.02 $4,670.40 $4,904.27 $5,147.65 HOURLY RATE $52.9338 $55.5753 $58.3800 $61.3034 $64.3456 ANNUAL $87,816.40 $92,261.23 $96,860.32 $101,829.84 $106,953.87 MONTHLY $7,318.03 $7,688.44 $8,071.69 $8,485.82 $8,912.82 BI-WEEKLY $3,377.55 $3,548.51 $3,725.40 $3,916.53 $4,113.61 HOURLY RATE $42.2194 $44.3564 $46.5675 $48.9566 $51.4201 ANNUAL $79,266.14 $83,217.10 $87,384.15 $91,767.36 $96,335.65 MONTHLY $6,605.51 $6,934.76 $7,282.01 $7,647.28 $8,027.97 BI-WEEKLY $3,048.70 $3,200.66 $3,360.93 $3,529.51 $3,705.22 HOURLY RATE $38.1088 $40.0083 $42.0116 $44.1189 $46.3153 S507 WATER QUALITY AND METER TECH S508 WATER QUALITY AND METER LEAD B501 WATER OPERATIONS SUPERVISOR S502 WATER METER REPAIRER B500 WATER DIVISION MANAGER S400 UTILITY LOCATOR/INSPECTOR S411 TREE WORKER S409 TREE MAINTENANCE WORKER S405 TREE LEADWORKER A612 TRANSPORTATION PROGRAM MANAGER A600 TRANSPORTATION ENGINEER A601 TRAFFIC-CIVIL ENGINEER S602 TRAFFIC SIGN PAINT LEAD CLASS PAY BASIS STEP A STEP B STEP C STEP D STEP EJOB DESCRIPTION ANNUAL $110,102.18 $115,596.59 $121,430.36 $127,511.09 $133,838.78 MONTHLY $9,175.18 $9,633.05 $10,119.20 $10,625.92 $11,153.23 BI-WEEKLY $4,234.70 $4,446.02 $4,670.40 $4,904.27 $5,147.65 HOURLY RATE $52.9338 $55.5753 $58.3800 $61.3034 $64.3456 ANNUAL $87,816.40 $92,261.23 $96,860.32 $101,829.84 $106,953.87 MONTHLY $7,318.03 $7,688.44 $8,071.69 $8,485.82 $8,912.82 BI-WEEKLY $3,377.55 $3,548.51 $3,725.40 $3,916.53 $4,113.61 HOURLY RATE $42.2194 $44.3564 $46.5675 $48.9566 $51.4201 ANNUAL $75,068.24 $79,266.14 $82,970.16 $86,952.13 $91,242.48 MONTHLY $6,255.69 $6,605.51 $6,914.18 $7,246.01 $7,603.54 BI-WEEKLY $2,887.24 $3,048.70 $3,191.16 $3,344.31 $3,509.33 HOURLY RATE $36.0905 $38.1088 $39.8895 $41.8039 $43.8666 ANNUAL $71,456.84 $75,068.24 $79,266.14 $82,970.16 $86,952.13 MONTHLY $5,954.74 $6,255.69 $6,605.51 $6,914.18 $7,246.01 BI-WEEKLY $2,748.34 $2,887.24 $3,048.70 $3,191.16 $3,344.31 HOURLY RATE $34.3543 $36.0905 $38.1088 $39.8895 $41.8039 ANNUAL $90,562.50 $94,934.26 $99,625.19 $104,698.92 $109,804.73 MONTHLY $7,546.88 $7,911.19 $8,302.10 $8,724.91 $9,150.39 BI-WEEKLY $3,483.17 $3,651.32 $3,831.74 $4,026.88 $4,223.26 HOURLY RATE $43.5396 $45.6415 $47.8968 $50.3360 $52.7908 A110 ZONING TECHNICIAN S611 WATER SYSTEM OPERATOR TRAINEE S503 WATER SYSTEM OPERATOR S505 WATER SERVICE OPSTECH B503 WATER QUALITY SUPERVISOR CLASS PAY BASIS STEP B STEP C STEP D STEP E ANNUAL $95,381.04 $100,135.71 $105,081.85 $110,347.18 MONTHLY $7,948.42 $8,344.64 $8,756.82 $9,195.60 BI-WEEKLY $3,668.50 $3,851.37 $4,041.61 $4,244.12 HOURLY RATE $45.8563 $48.1421 $50.5201 $53.0515 ANNUAL $99,784.71 $104,666.98 $109,964.25 $115,452.86 MONTHLY $8,315.39 $8,722.25 $9,163.69 $9,621.07 BI-WEEKLY $3,837.87 $4,025.65 $4,229.39 $4,440.49 HOURLY RATE $47.9734 $50.3206 $52.8674 $55.5061 ANNUAL $68,257.01 $71,671.45 $75,085.85 $78,691.74 MONTHLY $5,688.08 $5,972.62 $6,257.15 $6,557.65 BI-WEEKLY $2,625.27 $2,756.59 $2,887.92 $3,026.61 HOURLY RATE $32.8159 $34.4574 $36.0990 $37.8326 ANNUAL $75,085.85 $78,691.74 $82,329.56 $86,382.24 MONTHLY $6,257.15 $6,557.65 $6,860.80 $7,198.52 BI-WEEKLY $2,887.92 $3,026.61 $3,166.52 $3,322.39 HOURLY RATE $36.0990 $37.8326 $39.5815 $41.5299 ANNUAL $86,382.24 $90,626.38 $95,189.59 $99,944.25 MONTHLY $7,198.52 $7,552.20 $7,932.47 $8,328.69 BI-WEEKLY $3,322.39 $3,485.63 $3,661.14 $3,844.01 HOURLY RATE $41.5299 $43.5704 $45.7643 $48.0501 ANNUAL $95,381.04 $100,135.71 $105,081.85 $110,347.18 MONTHLY $7,948.42 $8,344.64 $8,756.82 $9,195.60 BI-WEEKLY $3,668.50 $3,851.37 $4,041.61 $4,244.12 HOURLY RATE $45.8563 $48.1421 $50.5201 $53.0515 ANNUAL $250,359.41 MONTHLY $20,863.28 BI-WEEKLY $9,629.21 HOURLY RATE $120.3651 ANNUAL $82,584.88 $86,733.23 $91,009.31 $95,381.04 MONTHLY $6,882.07 $7,227.77 $7,584.11 $7,948.42 BI-WEEKLY $3,176.34 $3,335.89 $3,500.36 $3,668.50 HOURLY RATE $39.7043 $41.6986 $43.7545 $45.8563 ANNUAL $90,626.38 $95,125.72 $99,593.26 $104,379.85 MONTHLY $7,552.20 $7,927.14 $8,299.44 $8,698.32 BI-WEEKLY $3,485.63 $3,658.68 $3,830.51 $4,014.61 HOURLY RATE $43.5704 $45.7335 $47.8814 $50.1826 ANNUAL $183,593.96 $192,773.65 $202,412.33 $212,532.95 MONTHLY $15,299.50 $16,064.47 $16,867.69 $17,711.08 BI-WEEKLY $7,061.31 $7,414.37 $7,785.09 $8,174.34 HOURLY RATE $88.2664 $92.6796 $97.3136 $102.1793 ANNUAL $198,290.81 $208,239.57 $218,547.51 $229,609.26 MONTHLY $16,524.23 $17,353.30 $18,212.29 $19,134.11 BI-WEEKLY $7,626.57 $8,009.21 $8,405.67 $8,831.13 HOURLY RATE $95.3321 $100.1151 $105.0709 $110.3891 D106 ASSIST CM ADMIN. SVCS. DIR $189,060.63 $15,755.05 $7,271.56 $90.8945 D502 ASSIST CITY ATTORNEY $174,851.42 $14,570.95 $6,725.05 $84.0631 A100 ADMINISTRATIVE ASSISTANT II $86,382.24 $7,198.52 $3,322.39 $41.5299 A105 ADMINISTRATIVE ASSISTANT I $78,500.27 $6,541.69 $3,019.24 $37.7405 D202 ACTING POLICE CHIEF $238,481.10 $19,873.43 $9,172.35 $114.6544 A103 ACCOUNTING TECHNICIAN $90,817.85 $7,568.15 $3,492.99 $43.6624 A102 ACCOUNTING ASSISTANT III $82,329.56 $6,860.80 $3,166.52 $39.5815 A160 ACCOUNTING ASSISTANT II $71,671.45 $5,972.62 $2,756.59 $34.4574 A104 ACCOUNTING ASSISTANT I $64,970.19 $5,414.18 $2,498.85 $31.2356 A117 ACCOUNTANT II $95,061.99 $7,921.83 $3,656.23 $45.7029 CITY OF BURLINGAME SALARY SCHEDULE - MERIT EFFECTIVE DATE: 12/30/2024 JOB DESCRIPTION STEP A A109 ACCOUNTANT I $90,817.85 $7,568.15 $3,492.99 $43.6624 CLASS PAY BASIS STEP B STEP C STEP D STEP EJOB DESCRIPTION STEP A ANNUAL $116,825.03 $122,377.48 $128,791.46 $135,301.25 MONTHLY $9,735.42 $10,198.12 $10,732.62 $11,275.10 BI-WEEKLY $4,493.27 $4,706.83 $4,953.52 $5,203.89 HOURLY RATE $56.1659 $58.8354 $61.9190 $65.0486 ANNUAL $113,797.96 $119,487.62 $125,462.02 $131,735.46 MONTHLY $9,483.16 $9,957.30 $10,455.17 $10,977.96 BI-WEEKLY $4,376.84 $4,595.68 $4,825.46 $5,066.75 HOURLY RATE $54.7105 $57.4460 $60.3183 $63.3344 ANNUAL $99,784.71 $104,698.92 $109,932.31 $115,452.86 MONTHLY $8,315.39 $8,724.91 $9,161.03 $9,621.07 BI-WEEKLY $3,837.87 $4,026.88 $4,228.17 $4,440.49 HOURLY RATE $47.9734 $50.3360 $52.8521 $55.5061 ANNUAL $139,806.72 $146,787.54 $154,143.64 $161,875.16 MONTHLY $11,650.56 $12,232.30 $12,845.30 $13,489.60 BI-WEEKLY $5,377.18 $5,645.67 $5,928.60 $6,225.97 HOURLY RATE $67.2148 $70.5709 $74.1075 $77.8246 ANNUAL $128,504.33 $134,631.18 $141,747.29 $148,895.19 MONTHLY $10,708.69 $11,219.27 $11,812.27 $12,407.93 BI-WEEKLY $4,942.47 $5,178.12 $5,451.82 $5,726.74 HOURLY RATE $61.7809 $64.7265 $68.1478 $71.5843 ANNUAL $111,400.16 $116,984.55 $122,919.94 $129,078.73 MONTHLY $9,283.35 $9,748.71 $10,243.33 $10,756.56 BI-WEEKLY $4,284.62 $4,499.41 $4,727.69 $4,964.57 HOURLY RATE $53.5578 $56.2426 $59.0961 $62.0571 ANNUAL $194,362.46 $203,721.76 $214,153.84 $224,881.91 MONTHLY $16,196.87 $16,976.81 $17,846.15 $18,740.16 BI-WEEKLY $7,475.48 $7,835.45 $8,236.69 $8,649.30 HOURLY RATE $93.4435 $97.9431 $102.9586 $108.1163 ANNUAL $54,918.26 $57,758.27 $60,662.19 $63,598.01 MONTHLY $4,576.52 $4,813.19 $5,055.18 $5,299.83 BI-WEEKLY $2,112.24 $2,221.47 $2,333.16 $2,446.08 HOURLY RATE $26.4030 $27.7684 $29.1645 $30.5760 ANNUAL MONTHLY BI-WEEKLY HOURLY RATE ANNUAL $110,347.18 $116,123.04 $121,611.63 $127,451.22 MONTHLY $9,195.60 $9,676.92 $10,134.30 $10,620.94 BI-WEEKLY $4,244.12 $4,466.27 $4,677.37 $4,901.97 HOURLY RATE $53.0515 $55.8284 $58.4671 $61.2746 ANNUAL $115,867.70 $121,930.68 $127,674.61 $133,833.39 MONTHLY $9,655.64 $10,160.89 $10,639.55 $11,152.78 BI-WEEKLY $4,456.45 $4,689.64 $4,910.56 $5,147.44 HOURLY RATE $55.7056 $58.6205 $61.3820 $64.3430 ANNUAL $84,180.33 $87,594.90 $92,190.02 $96,721.30 MONTHLY $7,015.03 $7,299.58 $7,682.50 $8,060.11 BI-WEEKLY $3,237.71 $3,369.03 $3,545.77 $3,720.05 HOURLY RATE $40.4714 $42.1129 $44.3221 $46.5006 ANNUAL $92,261.23 $96,860.32 $101,829.84 $106,953.87 MONTHLY $7,688.44 $8,071.69 $8,485.82 $8,912.82 BI-WEEKLY $3,548.51 $3,725.40 $3,916.53 $4,113.61 HOURLY RATE $44.3564 $46.5675 $48.9566 $51.4201 S603 CCTV LEADWORKER $87,816.40 $7,318.03 $3,377.55 $42.2194 A101 BUILDING MAINTENANCE WORKER $79,936.26 $6,661.36 $3,074.47 $38.4309 A613 BUILDING INSPECTOR II $110,634.31 $9,219.53 $4,255.17 $53.1896 A603 BUILDING INSPECTOR I $105,369.11 $8,780.76 $4,052.66 $50.6583 A706 BUILDING ATTENDANT - CS $68,927.06 $5,743.92 $2,651.04 $33.1380 A705 BUILDING ATTENDANT $52,365.48 $4,363.79 $2,014.06 $25.1758 B600 ASST. DIRECTOR OF PUBLIC WORKS $185,039.99 $15,420.00 $7,116.92 $88.9615 A112 ASSOCIATE PLANNER $106,103.04 $8,841.92 $4,080.89 $51.0111 A608 ASSOCIATE ENGINEER $122,505.09 $10,208.76 $4,711.73 $58.8966 D300 ASSISTANT TO THE CITY MANAGER $133,163.04 $11,096.92 $5,121.66 $64.0208 A111 ASSISTANT PLANNER $95,030.05 $7,919.17 $3,655.00 $45.6875 B421 ASSISTANT PARKS SUPERVISOR $108,378.66 $9,031.56 $4,168.41 $52.1051 A605 ASSISTANT ENGINEER $111,400.16 $9,283.35 $4,284.62 $53.5578 CLASS PAY BASIS STEP B STEP C STEP D STEP EJOB DESCRIPTION STEP A ANNUAL $166,469.44 $174,682.17 $183,264.51 $192,364.73 MONTHLY $13,872.45 $14,556.85 $15,272.04 $16,030.39 BI-WEEKLY $6,402.67 $6,718.55 $7,048.64 $7,398.64 HOURLY RATE $80.0334 $83.9819 $88.1080 $92.4830 ANNUAL MONTHLY BI-WEEKLY HOURLY RATE ANNUAL $206,939.89 $217,335.20 $228,211.10 $239,568.13 MONTHLY $17,244.99 $18,111.27 $19,017.59 $19,964.01 BI-WEEKLY $7,959.23 $8,359.05 $8,777.35 $9,214.16 HOURLY RATE $99.4904 $104.4881 $109.7169 $115.1770 ANNUAL $178,502.19 $187,119.53 $196,736.86 $206,546.88 MONTHLY $14,875.18 $15,593.29 $16,394.74 $17,212.24 BI-WEEKLY $6,865.47 $7,196.91 $7,566.80 $7,944.11 HOURLY RATE $85.8184 $89.9614 $94.5850 $99.3014 ANNUAL $206,939.89 $217,335.20 $228,211.10 $239,568.13 MONTHLY $17,244.99 $18,111.27 $19,017.59 $19,964.01 BI-WEEKLY $7,959.23 $8,359.05 $8,777.35 $9,214.16 HOURLY RATE $99.4904 $104.4881 $109.7169 $115.1770 ANNUAL MONTHLY BI-WEEKLY HOURLY RATE ANNUAL $118,661.48 $124,624.25 $130,796.14 $137,351.57 MONTHLY $9,888.46 $10,385.35 $10,899.68 $11,445.96 BI-WEEKLY $4,563.90 $4,793.24 $5,030.62 $5,282.75 HOURLY RATE $57.0488 $59.9155 $62.8828 $66.0344 ANNUAL $111,948.81 $117,564.90 $123,412.47 $129,606.36 MONTHLY $9,329.07 $9,797.08 $10,284.37 $10,800.53 BI-WEEKLY $4,305.72 $4,521.73 $4,746.63 $4,984.86 HOURLY RATE $53.8215 $56.5216 $59.3329 $62.3108 ANNUAL $206,939.89 $217,335.20 $228,211.10 $239,568.13 MONTHLY $17,244.99 $18,111.27 $19,017.59 $19,964.01 BI-WEEKLY $7,959.23 $8,359.05 $8,777.35 $9,214.16 HOURLY RATE $99.4904 $104.4881 $109.7169 $115.1770 ANNUAL $92,005.13 $96,393.24 $100,897.59 $105,863.47 MONTHLY $7,667.09 $8,032.77 $8,408.13 $8,821.96 BI-WEEKLY $3,538.66 $3,707.43 $3,880.68 $4,071.67 HOURLY RATE $44.2333 $46.3429 $48.5085 $50.8959 ANNUAL $96,431.99 $101,205.46 $105,863.47 $111,291.29 MONTHLY $8,036.00 $8,433.79 $8,821.96 $9,274.27 BI-WEEKLY $3,708.92 $3,892.52 $4,071.67 $4,280.43 HOURLY RATE $46.3615 $48.6565 $50.8959 $53.5054 ANNUAL MONTHLY ANNUAL $68,544.15 $71,958.57 $75,755.90 $79,649.05 MONTHLY $5,712.01 $5,996.55 $6,312.99 $6,637.42 BI-WEEKLY $2,636.31 $2,767.64 $2,913.69 $3,063.43 HOURLY RATE $32.9539 $34.5955 $36.4211 $38.2929 A106 CUSTODIAN $65,544.58 $5,462.05 $2,520.95 $31.5119 D100 COUNCIL MEMBER $11,400.00 $950.00 T901 COMMUNICATION DISPATCHER II $92,389.74 $7,699.15 $3,553.45 $44.4181 T900 COMMUNICATION DISPATCHER I $88,040.06 $7,336.67 $3,386.16 $42.3270 D108 COMM DEV DIRECTOR $197,137.12 $16,428.09 $7,582.20 $94.7775 B103 CODE COMPLIANCE OFFICER $106,639.24 $8,886.60 $4,101.51 $51.2689 D110 CODE COMP OFF SNR RISK ANALYST $113,465.85 $9,455.49 $4,364.07 $54.5509 D200 CITY MANAGER $335,876.95 $27,989.75 $12,918.34 $161.4793 D801 CITY LIBRARIAN $197,137.12 $16,428.09 $7,582.20 $94.7775 B602 CITY ENGINEER $169,884.39 $14,157.03 $6,534.02 $81.6753 D109 CITY CLERK $197,137.12 $16,428.09 $7,582.20 $94.7775 D102 CITY ATTORNEY $287,402.55 $23,950.21 $11,053.94 $138.1743 B604 CHIEF BUILDING OFFICIAL $158,589.95 $13,215.83 $6,099.61 $76.2451 CLASS PAY BASIS STEP B STEP C STEP D STEP EJOB DESCRIPTION STEP A ANNUAL $99,784.71 $104,666.98 $109,964.25 $115,452.86 MONTHLY $8,315.39 $8,722.25 $9,163.69 $9,621.07 BI-WEEKLY $3,837.87 $4,025.65 $4,229.39 $4,440.49 HOURLY RATE $47.9734 $50.3206 $52.8674 $55.5061 ANNUAL $131,635.91 $138,217.72 $145,128.60 $152,385.00 MONTHLY $10,969.66 $11,518.14 $12,094.05 $12,698.75 BI-WEEKLY $5,062.92 $5,316.07 $5,581.87 $5,860.96 HOURLY RATE $63.2865 $66.4509 $69.7734 $73.2620 ANNUAL $177,900.54 $186,757.19 $196,156.70 $205,867.33 MONTHLY $14,825.05 $15,563.10 $16,346.39 $17,155.61 BI-WEEKLY $6,842.33 $7,182.97 $7,544.49 $7,917.97 HOURLY RATE $85.5291 $89.7871 $94.3061 $98.9746 ANNUAL $158,257.17 $166,173.60 $174,422.84 $183,190.56 MONTHLY $13,188.10 $13,847.80 $14,535.24 $15,265.88 BI-WEEKLY $6,086.81 $6,391.29 $6,708.57 $7,045.79 HOURLY RATE $76.0851 $79.8911 $83.8571 $88.0724 ANNUAL $218,851.78 $229,838.82 $241,306.94 $253,403.99 MONTHLY $18,237.65 $19,153.24 $20,108.91 $21,117.00 BI-WEEKLY $8,417.38 $8,839.95 $9,281.04 $9,746.31 HOURLY RATE $105.2173 $110.4994 $116.0130 $121.8289 ANNUAL $121,675.49 $127,770.42 $134,152.45 $140,853.70 MONTHLY $10,139.62 $10,647.54 $11,179.37 $11,737.81 BI-WEEKLY $4,679.83 $4,914.25 $5,159.71 $5,417.45 HOURLY RATE $58.4979 $61.4281 $64.4964 $67.7181 ANNUAL $125,797.67 $132,183.86 $138,685.20 $145,648.65 MONTHLY $10,483.14 $11,015.32 $11,557.10 $12,137.39 BI-WEEKLY $4,838.37 $5,083.99 $5,334.05 $5,601.87 HOURLY RATE $60.4796 $63.5499 $66.6756 $70.0234 ANNUAL $93,976.93 $98,667.87 $103,741.60 $108,719.67 MONTHLY $7,831.41 $8,222.32 $8,645.13 $9,059.97 BI-WEEKLY $3,614.50 $3,794.92 $3,990.06 $4,181.53 HOURLY RATE $45.1813 $47.4365 $49.8758 $52.2691 ANNUAL $93,881.27 $98,667.87 $103,518.20 $108,624.01 MONTHLY $7,823.44 $8,222.32 $8,626.52 $9,052.00 BI-WEEKLY $3,610.82 $3,794.92 $3,981.47 $4,177.85 HOURLY RATE $45.1353 $47.4365 $49.7684 $52.2231 ANNUAL $116,254.18 $122,157.15 $128,210.46 $134,602.07 MONTHLY $9,687.85 $10,179.76 $10,684.21 $11,216.84 BI-WEEKLY $4,471.31 $4,698.35 $4,931.17 $5,177.00 HOURLY RATE $55.8914 $58.7294 $61.6396 $64.7125 ANNUAL $91,767.36 $96,335.65 $101,181.69 $106,367.31 MONTHLY $7,647.28 $8,027.97 $8,431.81 $8,863.94 BI-WEEKLY $3,529.51 $3,705.22 $3,891.60 $4,091.05 HOURLY RATE $44.1189 $46.3153 $48.6450 $51.1381 ANNUAL $99,252.55 $104,357.81 $109,574.12 $115,085.73 MONTHLY $8,271.05 $8,696.48 $9,131.18 $9,590.48 BI-WEEKLY $3,817.41 $4,013.76 $4,214.39 $4,426.37 HOURLY RATE $47.7176 $50.1720 $52.6799 $55.3296 ANNUAL $134,607.19 $141,339.83 $148,418.25 $155,804.93 MONTHLY $11,217.27 $11,778.32 $12,368.19 $12,983.74 BI-WEEKLY $5,177.20 $5,436.15 $5,708.39 $5,992.50 HOURLY RATE $64.7150 $67.9519 $71.3549 $74.9063 B900 FACILITIES AND FLEET MANAGER $128,182.99 $10,681.92 $4,930.12 $61.6265 D105 EXECUTIVE ASSISTANT $94,924.74 $7,910.40 $3,650.95 $45.6369 S607 EQUIPMENT MECHANIC $87,476.79 $7,289.73 $3,364.49 $42.0561 A625 ENV REG COMPLIANCE MANAGER $110,764.77 $9,230.40 $4,260.18 $53.2523 A604 ENGINEERING TECHNICIAN II $89,349.87 $7,445.82 $3,436.53 $42.9566 A301 EMERGENCY PREP/FIRE ED $89,700.99 $7,475.08 $3,450.04 $43.1255 B605 ELECTRICAL SUPERVISOR $120,335.20 $10,027.93 $4,628.28 $57.8535 A451 ECON DEV & HOUSING SPECIALIST $115,867.70 $9,655.64 $4,456.45 $55.7056 D600 DIRECTOR OF PUBLIC WORKS $208,456.88 $17,371.41 $8,017.57 $100.2196 B107 DEPUTY FINANCE DIRECTOR $150,710.48 $12,559.21 $5,796.56 $72.4570 B603 DEPUTY DIRECTOR OF PW OPS $169,393.80 $14,116.15 $6,515.15 $81.4394 D501 DEPUTY CITY ATTORNEY $125,367.52 $10,447.29 $4,821.83 $60.2729 A116 CUSTOMER SERVICE SUPERVISOR $95,061.99 $7,921.83 $3,656.23 $45.7029 CLASS PAY BASIS STEP B STEP C STEP D STEP EJOB DESCRIPTION STEP A ANNUAL $92,261.23 $96,860.32 $101,829.84 $106,953.87 MONTHLY $7,688.44 $8,071.69 $8,485.82 $8,912.82 BI-WEEKLY $3,548.51 $3,725.40 $3,916.53 $4,113.61 HOURLY RATE $44.3564 $46.5675 $48.9566 $51.4201 ANNUAL $84,081.36 $87,692.93 $92,261.23 $96,706.06 MONTHLY $7,006.78 $7,307.74 $7,688.44 $8,058.84 BI-WEEKLY $3,233.90 $3,372.81 $3,548.51 $3,719.46 HOURLY RATE $40.4238 $42.1601 $44.3564 $46.4933 ANNUAL $115,596.59 $121,430.36 $127,511.09 $133,838.78 MONTHLY $9,633.05 $10,119.20 $10,625.92 $11,153.23 BI-WEEKLY $4,446.02 $4,670.40 $4,904.27 $5,147.65 HOURLY RATE $55.5753 $58.3800 $61.3034 $64.3456 ANNUAL $216,891.29 $227,656.29 $239,124.26 $251,036.15 MONTHLY $18,074.27 $18,971.36 $19,927.02 $20,919.68 BI-WEEKLY $8,341.97 $8,756.01 $9,197.09 $9,655.24 HOURLY RATE $104.2746 $109.4501 $114.9636 $120.6905 ANNUAL $142,530.00 $150,031.58 $157,927.98 $166,239.98 MONTHLY $11,877.50 $12,502.63 $13,160.67 $13,853.33 BI-WEEKLY $5,481.92 $5,770.45 $6,074.15 $6,393.85 HOURLY RATE $68.5240 $72.1306 $75.9269 $79.9231 ANNUAL $131,645.21 $138,184.84 $145,071.29 $152,303.51 MONTHLY $10,970.43 $11,515.40 $12,089.27 $12,691.96 BI-WEEKLY $5,063.28 $5,314.80 $5,579.67 $5,857.83 HOURLY RATE $63.2910 $66.4350 $69.7459 $73.2229 ANNUAL $115,596.59 $121,430.36 $127,511.09 $133,838.78 MONTHLY $9,633.05 $10,119.20 $10,625.92 $11,153.23 BI-WEEKLY $4,446.02 $4,670.40 $4,904.27 $5,147.65 HOURLY RATE $55.5753 $58.3800 $61.3034 $64.3456 ANNUAL $83,254.94 $87,403.42 $91,775.17 $96,370.31 MONTHLY $6,937.91 $7,283.62 $7,647.93 $8,030.86 BI-WEEKLY $3,202.11 $3,361.67 $3,529.81 $3,706.55 HOURLY RATE $40.0264 $42.0209 $44.1226 $46.3319 ANNUAL $96,370.31 $101,252.57 $106,230.64 $111,559.70 MONTHLY $8,030.86 $8,437.71 $8,852.55 $9,296.64 BI-WEEKLY $3,706.55 $3,894.33 $4,085.79 $4,290.76 HOURLY RATE $46.3319 $48.6791 $51.0724 $53.6345 ANNUAL $116,750.74 $122,336.71 $128,588.44 $135,062.46 MONTHLY $9,729.23 $10,194.73 $10,715.70 $11,255.21 BI-WEEKLY $4,490.41 $4,705.26 $4,945.71 $5,194.71 HOURLY RATE $56.1301 $58.8158 $61.8214 $64.9339 ANNUAL $206,939.89 $217,335.20 $228,211.10 $239,568.13 MONTHLY $17,244.99 $18,111.27 $19,017.59 $19,964.01 BI-WEEKLY $7,959.23 $8,359.05 $8,777.35 $9,214.16 HOURLY RATE $99.4904 $104.4881 $109.7169 $115.1770 ANNUAL $88,568.25 $92,914.09 $97,547.17 $102,647.11 MONTHLY $7,380.69 $7,742.84 $8,128.93 $8,553.93 BI-WEEKLY $3,406.47 $3,573.62 $3,751.81 $3,947.97 HOURLY RATE $42.5809 $44.6703 $46.8976 $49.3496 ANNUAL $92,261.23 $96,860.32 $101,829.84 $106,953.87 MONTHLY $7,688.44 $8,071.69 $8,485.82 $8,912.82 BI-WEEKLY $3,548.51 $3,725.40 $3,916.53 $4,113.61 HOURLY RATE $44.3564 $46.5675 $48.9566 $51.4201 S610 INSTRUMENTATION MECHANIC TECH $87,816.40 $7,318.03 $3,377.55 $42.2194 D400 HUMAN RESOURCES TECHNICIAN $84,581.67 $7,048.47 $3,253.14 $40.6643 D805 HUMAN RESOURCES DIRECTOR $197,137.12 $16,428.09 $7,582.20 $94.7775 D107 HUMAN RESOURCES ANALYST II $111,164.46 $9,263.71 $4,275.56 $53.4445 A614 GREEN BUILDING SPECIALIST $91,775.17 $7,647.93 $3,529.81 $44.1226 A805 GRAPHIC ARTIST $79,298.06 $6,608.17 $3,049.93 $38.1241 B612 FLEET SUPERVISOR $110,102.18 $9,175.18 $4,234.70 $52.9338 B606 FLEET MANAGER $125,297.55 $10,441.46 $4,819.14 $60.2393 B108 FINANCIAL SERVICES MANAGER $135,403.51 $11,283.63 $5,207.83 $65.0979 D103 FINANCE DIRECTOR $206,570.20 $17,214.18 $7,945.01 $99.3126 B611 FACILITIES SUPERVISOR $110,102.18 $9,175.18 $4,234.70 $52.9338 S703 FACILITIES MAINTENANCE WORKER $79,914.48 $6,659.54 $3,073.63 $38.4204 S704 FACILITIES LEADWORKER $87,816.40 $7,318.03 $3,377.55 $42.2194 CLASS PAY BASIS STEP B STEP C STEP D STEP EJOB DESCRIPTION STEP A ANNUAL $83,309.72 $87,476.79 $91,767.36 $96,335.65 MONTHLY $6,942.48 $7,289.73 $7,647.28 $8,027.97 BI-WEEKLY $3,204.22 $3,364.49 $3,529.51 $3,705.22 HOURLY RATE $40.0528 $42.0561 $44.1189 $46.3153 ANNUAL $105,975.44 $111,400.16 $116,825.03 $122,377.48 MONTHLY $8,831.29 $9,283.35 $9,735.42 $10,198.12 BI-WEEKLY $4,075.98 $4,284.62 $4,493.27 $4,706.83 HOURLY RATE $50.9498 $53.5578 $56.1659 $58.8354 ANNUAL $96,335.20 $101,160.76 $106,229.12 $111,679.45 MONTHLY $8,027.93 $8,430.06 $8,852.43 $9,306.62 BI-WEEKLY $3,705.20 $3,890.80 $4,085.74 $4,295.36 HOURLY RATE $46.3150 $48.6350 $51.0718 $53.6920 ANNUAL $92,261.23 $96,860.32 $101,829.84 $106,953.87 MONTHLY $7,688.44 $8,071.69 $8,485.82 $8,912.82 BI-WEEKLY $3,548.51 $3,725.40 $3,916.53 $4,113.61 HOURLY RATE $44.3564 $46.5675 $48.9566 $51.4201 ANNUAL $92,261.23 $96,860.32 $101,829.84 $106,953.87 MONTHLY $7,688.44 $8,071.69 $8,485.82 $8,912.82 BI-WEEKLY $3,548.51 $3,725.40 $3,916.53 $4,113.61 HOURLY RATE $44.3564 $46.5675 $48.9566 $51.4201 ANNUAL $87,180.03 $91,200.77 $95,859.63 $100,422.98 MONTHLY $7,265.00 $7,600.06 $7,988.30 $8,368.58 BI-WEEKLY $3,353.08 $3,507.72 $3,686.91 $3,862.42 HOURLY RATE $41.9135 $43.8465 $46.0864 $48.2803 ANNUAL $96,114.97 $100,742.05 $105,656.24 $111,176.77 MONTHLY $8,009.58 $8,395.17 $8,804.69 $9,264.73 BI-WEEKLY $3,696.73 $3,874.69 $4,063.70 $4,276.03 HOURLY RATE $46.2091 $48.4336 $50.7963 $53.4504 ANNUAL $121,258.43 $127,105.72 $133,684.38 $140,224.12 MONTHLY $10,104.87 $10,592.14 $11,140.37 $11,685.34 BI-WEEKLY $4,663.79 $4,888.68 $5,141.71 $5,393.24 HOURLY RATE $58.2974 $61.1085 $64.2714 $67.4155 ANNUAL $66,980.49 $70,299.24 $73,522.21 $77,383.43 MONTHLY $5,581.71 $5,858.27 $6,126.85 $6,448.62 BI-WEEKLY $2,576.17 $2,703.82 $2,827.78 $2,976.29 HOURLY RATE $32.2021 $33.7978 $35.3473 $37.2036 ANNUAL $74,224.21 $78,213.15 $81,723.23 $85,743.99 MONTHLY $6,185.35 $6,517.76 $6,810.27 $7,145.33 BI-WEEKLY $2,854.78 $3,008.20 $3,143.20 $3,297.85 HOURLY RATE $35.6848 $37.6025 $39.2900 $41.2231 ANNUAL $82,935.88 $87,275.69 $91,615.63 $95,923.51 MONTHLY $6,911.32 $7,272.97 $7,634.64 $7,993.63 BI-WEEKLY $3,189.84 $3,356.76 $3,523.68 $3,689.37 HOURLY RATE $39.8730 $41.9595 $44.0460 $46.1171 ANNUAL $95,406.14 $99,907.07 $105,139.08 $109,986.15 MONTHLY $7,950.51 $8,325.59 $8,761.59 $9,165.51 BI-WEEKLY $3,669.47 $3,842.58 $4,043.81 $4,230.24 HOURLY RATE $45.8684 $48.0323 $50.5476 $52.8780 ANNUAL $141,531.93 $148,533.35 $155,996.90 $164,075.45 MONTHLY $11,794.33 $12,377.78 $12,999.74 $13,672.95 BI-WEEKLY $5,443.54 $5,712.82 $5,999.88 $6,310.59 HOURLY RATE $68.0443 $71.4103 $74.9985 $78.8824 B805 LIBRARY SERVICES MANAGER $134,645.77 $11,220.48 $5,178.68 $64.7335 B803 LIBRARY CIRCULATION SUPE $91,097.83 $7,591.49 $3,503.76 $43.7970 A802 LIBRARY ASSISTANT III $79,330.00 $6,610.83 $3,051.15 $38.1394 A803 LIBRARY ASSISTANT II $71,065.11 $5,922.09 $2,733.27 $34.1659 A804 LIBRARY ASSISTANT I $63,693.67 $5,307.81 $2,449.76 $30.6220 B801 LIBRARIAN III $115,487.52 $9,623.96 $4,441.83 $55.5229 A800 LIBRARIAN II $91,551.77 $7,629.31 $3,521.22 $44.0153 A801 LIBRARIAN I $83,159.29 $6,929.94 $3,198.43 $39.9804 S501 LEAD WATER SYSTEM OPERATOR $87,816.40 $7,318.03 $3,377.55 $42.2194 S601 LEAD ST MNT & SW COL SYS OPR $87,816.40 $7,318.03 $3,377.55 $42.2194 S608 LEAD EQUIPMENT MECHANIC $91,857.07 $7,654.76 $3,532.96 $44.1620 A606 JUNIOR ENGINEER $101,156.90 $8,429.74 $3,890.65 $48.6331 S404 IRRIGATION REPAIR SPECIALIST $79,574.87 $6,631.24 $3,060.57 $38.2571 CLASS PAY BASIS STEP B STEP C STEP D STEP EJOB DESCRIPTION STEP A ANNUAL $121,258.43 $127,105.72 $133,684.38 $140,224.12 MONTHLY $10,104.87 $10,592.14 $11,140.37 $11,685.34 BI-WEEKLY $4,663.79 $4,888.68 $5,141.71 $5,393.24 HOURLY RATE $58.2974 $61.1085 $64.2714 $67.4155 ANNUAL $102,910.23 $108,157.52 $113,559.26 $119,300.62 MONTHLY $8,575.85 $9,013.13 $9,463.27 $9,941.72 BI-WEEKLY $3,958.09 $4,159.90 $4,367.66 $4,588.49 HOURLY RATE $49.4761 $51.9988 $54.5958 $57.3561 ANNUAL $103,812.30 $109,276.20 $115,027.56 $121,081.64 MONTHLY $8,651.03 $9,106.35 $9,585.63 $10,090.14 BI-WEEKLY $3,992.78 $4,202.93 $4,424.14 $4,656.99 HOURLY RATE $49.9098 $52.5366 $55.3018 $58.2124 ANNUAL $99,465.66 $104,379.85 $109,645.06 $115,101.85 MONTHLY $8,288.81 $8,698.32 $9,137.09 $9,591.82 BI-WEEKLY $3,825.60 $4,014.61 $4,217.12 $4,426.99 HOURLY RATE $47.8200 $50.1826 $52.7140 $55.3374 ANNUAL $65,544.58 $68,829.89 $72,086.30 $76,011.23 MONTHLY $5,462.05 $5,735.82 $6,007.19 $6,334.27 BI-WEEKLY $2,520.95 $2,647.30 $2,772.55 $2,923.51 HOURLY RATE $31.5119 $33.0913 $34.6569 $36.5439 ANNUAL $71,448.04 $75,022.00 $78,755.61 $82,361.50 MONTHLY $5,954.00 $6,251.83 $6,562.97 $6,863.46 BI-WEEKLY $2,748.00 $2,885.46 $3,029.06 $3,167.75 HOURLY RATE $34.3500 $36.0683 $37.8633 $39.5969 ANNUAL $92,261.23 $96,860.32 $101,829.84 $106,953.87 MONTHLY $7,688.44 $8,071.69 $8,485.82 $8,912.82 BI-WEEKLY $3,548.51 $3,725.40 $3,916.53 $4,113.61 HOURLY RATE $44.3564 $46.5675 $48.9566 $51.4201 ANNUAL $75,068.24 $79,266.14 $82,970.16 $86,952.13 MONTHLY $6,255.69 $6,605.51 $6,914.18 $7,246.01 BI-WEEKLY $2,887.24 $3,048.70 $3,191.16 $3,344.31 HOURLY RATE $36.0905 $38.1088 $39.8895 $41.8039 ANNUAL $79,266.14 $82,970.16 $86,952.13 $91,242.48 MONTHLY $6,605.51 $6,914.18 $7,246.01 $7,603.54 BI-WEEKLY $3,048.70 $3,191.16 $3,344.31 $3,509.33 HOURLY RATE $38.1088 $39.8895 $41.8039 $43.8666 ANNUAL $73,043.62 $76,649.50 $80,542.51 $84,563.26 MONTHLY $6,086.97 $6,387.46 $6,711.88 $7,046.94 BI-WEEKLY $2,809.37 $2,948.06 $3,097.79 $3,252.43 HOURLY RATE $35.1171 $36.8508 $38.7224 $40.6554 ANNUAL $79,649.05 $83,318.81 $87,371.49 $91,743.23 MONTHLY $6,637.42 $6,943.23 $7,280.96 $7,645.27 BI-WEEKLY $3,063.43 $3,204.57 $3,360.44 $3,528.59 HOURLY RATE $38.2929 $40.0571 $42.0055 $44.1074 ANNUAL $206,939.89 $217,335.20 $228,211.10 $239,568.13 MONTHLY $17,244.99 $18,111.27 $19,017.59 $19,964.01 BI-WEEKLY $7,959.23 $8,359.05 $8,777.35 $9,214.16 HOURLY RATE $99.4904 $104.4881 $109.7169 $115.1770 ANNUAL $124,605.38 $130,760.61 $137,262.06 $145,725.41 MONTHLY $10,383.78 $10,896.72 $11,438.51 $12,143.78 BI-WEEKLY $4,792.51 $5,029.25 $5,279.31 $5,604.82 HOURLY RATE $59.9064 $62.8656 $65.9914 $70.0603 B430 PARKS SUPE/CITY ARBORIST $118,488.38 $9,874.03 $4,557.25 $56.9656 D705 PARKS & RECREATION DIRECTOR $197,137.12 $16,428.09 $7,582.20 $94.7775 A200 PARKING SYSTEM TECHNICIAN $75,755.90 $6,312.99 $2,913.69 $36.4211 A201 PARKING ENFORCEMENT OFFICER $69,724.86 $5,810.41 $2,681.73 $33.5216 S406 PARK MAINTENANCE WORKER II $75,068.24 $6,255.69 $2,887.24 $36.0905 S407 PARK MAINTENANCE WORKER I $71,765.63 $5,980.47 $2,760.22 $34.5028 S401 PARK MAINTENANCE LEAD WORKER $87,816.40 $7,318.03 $3,377.55 $42.2194 A670 OFFICE ASSISTANT II $68,320.75 $5,693.40 $2,627.72 $32.8465 A107 OFFICE ASSISTANT I $62,385.36 $5,198.78 $2,399.44 $29.9930 A120 MANAGEMENT ASSISTANT $94,710.85 $7,892.57 $3,642.73 $45.5341 A121 MANAGEMENT ANALYST $98,621.90 $8,218.49 $3,793.15 $47.4144 S606 MAINTENANCE ELECTRICIAN $98,002.36 $8,166.86 $3,769.32 $47.1165 B802 LIBRARY TECHNICAL SERVICES MGR $115,487.52 $9,623.96 $4,441.83 $55.5229 CLASS PAY BASIS STEP B STEP C STEP D STEP EJOB DESCRIPTION STEP A ANNUAL $147,232.91 $154,409.91 $162,215.37 $170,612.82 MONTHLY $12,269.41 $12,867.49 $13,517.95 $14,217.74 BI-WEEKLY $5,662.80 $5,938.84 $6,239.05 $6,562.03 HOURLY RATE $70.7850 $74.2355 $77.9881 $82.0254 ANNUAL $121,565.69 $127,682.63 $134,107.53 $142,378.49 MONTHLY $10,130.47 $10,640.22 $11,175.63 $11,864.87 BI-WEEKLY $4,675.60 $4,910.87 $5,157.98 $5,476.10 HOURLY RATE $58.4450 $61.3859 $64.4748 $68.4513 ANNUAL $99,784.71 $104,666.98 $109,964.25 $115,452.86 MONTHLY $8,315.39 $8,722.25 $9,163.69 $9,621.07 BI-WEEKLY $3,837.87 $4,025.65 $4,229.39 $4,440.49 HOURLY RATE $47.9734 $50.3206 $52.8674 $55.5061 ANNUAL $87,562.95 $92,062.29 $96,561.77 $101,348.37 MONTHLY $7,296.91 $7,671.86 $8,046.81 $8,445.70 BI-WEEKLY $3,367.81 $3,540.86 $3,713.91 $3,898.01 HOURLY RATE $42.0976 $44.2608 $46.4239 $48.7251 ANNUAL $111,368.23 $117,048.42 $122,505.09 $128,791.46 MONTHLY $9,280.69 $9,754.04 $10,208.76 $10,732.62 BI-WEEKLY $4,283.39 $4,501.86 $4,711.73 $4,953.52 HOURLY RATE $53.5424 $56.2733 $58.8966 $61.9190 ANNUAL $203,018.90 $213,302.81 $221,071.60 $234,981.11 MONTHLY $16,918.24 $17,775.23 $18,422.63 $19,581.76 BI-WEEKLY $7,808.42 $8,203.95 $8,502.75 $9,037.74 HOURLY RATE $97.6053 $102.5494 $106.2844 $112.9718 ANNUAL $160,957.65 $168,947.98 $177,419.61 $186,334.69 MONTHLY $13,413.14 $14,079.00 $14,784.97 $15,527.89 BI-WEEKLY $6,190.68 $6,498.00 $6,823.83 $7,166.72 HOURLY RATE $77.3835 $81.2250 $85.2979 $89.5840 ANNUAL $85,456.84 $89,669.04 $93,913.21 $98,412.54 MONTHLY $7,121.40 $7,472.42 $7,826.10 $8,201.05 BI-WEEKLY $3,286.80 $3,448.81 $3,612.05 $3,785.10 HOURLY RATE $41.0850 $43.1101 $45.1506 $47.3138 ANNUAL $198,267.30 $206,937.72 $217,132.15 $227,669.27 MONTHLY $16,522.28 $17,244.81 $18,094.35 $18,972.44 BI-WEEKLY $7,625.67 $7,959.14 $8,351.24 $8,756.51 HOURLY RATE $95.3209 $99.4893 $104.3905 $109.4564 ANNUAL $236,471.37 $248,266.89 $260,551.74 $273,666.48 MONTHLY $19,705.95 $20,688.91 $21,712.65 $22,805.54 BI-WEEKLY $9,095.05 $9,548.73 $10,021.22 $10,525.63 HOURLY RATE $113.6881 $119.3591 $125.2653 $131.5704 ANNUAL $68,257.01 $71,671.45 $75,085.85 $78,691.74 MONTHLY $5,688.08 $5,972.62 $6,257.15 $6,557.65 BI-WEEKLY $2,625.27 $2,756.59 $2,887.92 $3,026.61 HOURLY RATE $32.8159 $34.4574 $36.0990 $37.8326 ANNUAL $75,085.85 $78,691.74 $82,329.56 $86,382.24 MONTHLY $6,257.15 $6,557.65 $6,860.80 $7,198.52 BI-WEEKLY $2,887.92 $3,026.61 $3,166.52 $3,322.39 HOURLY RATE $36.0990 $37.8326 $39.5815 $41.5299 ANNUAL $99,465.66 MONTHLY $8,288.81 BI-WEEKLY $3,825.60 HOURLY RATE $47.8200 A204 POLICE CLERK III A203 POLICE CLERK II $71,671.45 $5,972.62 $2,756.59 $34.4574 A202 POLICE CLERK I $64,970.19 $5,414.18 $2,498.85 $31.2356 D201 POLICE CHIEF $225,241.42 $18,770.12 $8,663.13 $108.2891 M200 POLICE CAPTAIN $189,088.87 $15,757.41 $7,272.65 $90.9081 A205 POLICE ADM SERVICES COORD $81,404.17 $6,783.68 $3,130.93 $39.1366 B111 PLANNING MANAGER $153,299.93 $12,774.99 $5,896.15 $73.7019 D104 PLANNING DIRECTOR $193,474.90 $16,122.91 $7,441.34 $93.0168 A108 PLANNER $106,103.04 $8,841.92 $4,080.89 $51.0111 A609 PERMIT TECHNICIAN $83,446.42 $6,953.87 $3,209.48 $40.1185 A114 PAYROLL ADMINISTRATOR $95,061.99 $7,921.83 $3,656.23 $45.7029 B420 PARKS SUPERVISOR $115,679.94 $9,640.00 $4,449.23 $55.6154 B410 PARKS SUPERINT/CITY ARBORIST $139,982.46 $11,665.21 $5,383.94 $67.2993 CLASS PAY BASIS STEP B STEP C STEP D STEP EJOB DESCRIPTION STEP A ANNUAL $169,852.89 $178,366.87 $187,269.31 $196,643.19 MONTHLY $14,154.41 $14,863.91 $15,605.78 $16,386.93 BI-WEEKLY $6,532.80 $6,860.26 $7,202.67 $7,563.20 HOURLY RATE $81.6600 $85.7533 $90.0334 $94.5400 ANNUAL $117,413.22 $122,720.96 $129,178.20 $135,331.11 MONTHLY $9,784.44 $10,226.75 $10,764.85 $11,277.59 BI-WEEKLY $4,515.89 $4,720.04 $4,968.39 $5,205.04 HOURLY RATE $56.4486 $59.0005 $62.1049 $65.0630 ANNUAL MONTHLY BI-WEEKLY HOURLY RATE ANNUAL $141,585.51 $148,617.50 $156,190.32 $164,135.04 MONTHLY $11,798.79 $12,384.79 $13,015.86 $13,677.92 BI-WEEKLY $5,445.60 $5,716.06 $6,007.32 $6,312.89 HOURLY RATE $68.0700 $71.4508 $75.0915 $78.9111 ANNUAL $140,449.46 $147,471.88 $154,845.46 $162,587.85 MONTHLY $11,704.12 $12,289.32 $12,903.79 $13,548.99 BI-WEEKLY $5,401.90 $5,672.00 $5,955.59 $6,253.38 HOURLY RATE $67.5238 $70.9000 $74.4449 $78.1673 ANNUAL $59,577.27 $62,513.09 $65,608.32 $68,927.06 MONTHLY $4,964.77 $5,209.42 $5,467.36 $5,743.92 BI-WEEKLY $2,291.43 $2,404.35 $2,523.40 $2,651.04 HOURLY RATE $28.6429 $30.0544 $31.5425 $33.1380 ANNUAL $156,362.29 MONTHLY $13,030.19 BI-WEEKLY $6,013.93 HOURLY RATE $75.1741 ANNUAL $110,219.43 $115,803.85 $121,579.69 $127,738.49 MONTHLY $9,184.95 $9,650.32 $10,131.64 $10,644.87 BI-WEEKLY $4,239.21 $4,453.99 $4,676.14 $4,913.02 HOURLY RATE $52.9901 $55.6749 $58.4518 $61.4128 ANNUAL $65,608.41 $68,927.06 $72,373.44 $75,991.99 MONTHLY $5,467.37 $5,743.92 $6,031.12 $6,332.67 BI-WEEKLY $2,523.40 $2,651.04 $2,783.59 $2,922.77 HOURLY RATE $31.5425 $33.1380 $34.7949 $36.5346 ANNUAL $85,839.78 $89,892.46 $94,359.86 $99,050.81 MONTHLY $7,153.32 $7,491.04 $7,863.32 $8,254.23 BI-WEEKLY $3,301.53 $3,457.40 $3,629.23 $3,809.65 HOURLY RATE $41.2691 $43.2175 $45.3654 $47.6206 ANNUAL $130,882.69 $137,771.24 $145,022.35 $152,655.09 MONTHLY $10,906.89 $11,480.94 $12,085.20 $12,721.26 BI-WEEKLY $5,033.95 $5,298.89 $5,577.78 $5,871.35 HOURLY RATE $62.9244 $66.2361 $69.7223 $73.3919 ANNUAL $141,570.54 $148,533.35 $156,073.87 $164,114.09 MONTHLY $11,797.55 $12,377.78 $13,006.16 $13,676.17 BI-WEEKLY $5,445.02 $5,712.82 $6,002.84 $6,312.08 HOURLY RATE $68.0628 $71.4103 $75.0355 $78.9010 ANNUAL $119,257.60 $124,759.20 $131,298.91 $137,838.97 MONTHLY $9,938.13 $10,396.60 $10,941.58 $11,486.58 BI-WEEKLY $4,586.83 $4,798.43 $5,049.96 $5,301.50 HOURLY RATE $57.3354 $59.9804 $63.1245 $66.2688 B700 RECREATION SUPERVISOR $113,371.68 $9,447.64 $4,360.45 $54.5056 B710 RECREATION SUPERINTENDENT $134,645.77 $11,220.48 $5,178.68 $64.7335 B711 RECREATION MANAGER $124,338.57 $10,361.55 $4,782.25 $59.7781 A701 RECREATION COORDINATOR II $81,914.69 $6,826.22 $3,150.57 $39.3821 A702 RECREATION COORDINATOR I $62,513.35 $5,209.45 $2,404.36 $30.0545 A611 PUBLIC WORKS INSPECTOR $105,049.92 $8,754.16 $4,040.38 $50.5048 A610 PROJECT MGR GIS COORDINATOR A711 PROGRAM COORDINATOR $56,769.17 $4,730.76 $2,183.43 $27.2929 B201 POLICE SERVICES MANAGER $133,761.15 $11,146.76 $5,144.66 $64.3083 M201 POLICE SERGEANT $135,195.98 $11,266.33 $5,199.85 $64.9981 P201 POLICE OFFICER TRAINEE $107,094.77 $8,924.56 $4,119.03 $51.4879 P200 POLICE OFFICER $111,294.09 $9,274.51 $4,280.54 $53.5068 M202 POLICE LIEUTENANT $161,798.31 $13,483.19 $6,223.01 $77.7876 CLASS PAY BASIS STEP B STEP C STEP D STEP EJOB DESCRIPTION STEP A ANNUAL $111,934.84 $117,894.03 $124,049.34 $130,597.29 MONTHLY $9,327.90 $9,824.50 $10,337.45 $10,883.11 BI-WEEKLY $4,305.19 $4,534.39 $4,771.13 $5,022.97 HOURLY RATE $53.8149 $56.6799 $59.6391 $62.7871 ANNUAL $124,036.79 $129,908.46 $136,801.15 $143,693.87 MONTHLY $10,336.40 $10,825.71 $11,400.10 $11,974.49 BI-WEEKLY $4,770.65 $4,996.48 $5,261.58 $5,526.69 HOURLY RATE $59.6331 $62.4560 $65.7698 $69.0836 ANNUAL $169,846.14 $178,386.47 $187,273.05 $196,698.29 MONTHLY $14,153.85 $14,865.54 $15,606.09 $16,391.52 BI-WEEKLY $6,532.54 $6,861.02 $7,202.81 $7,565.32 HOURLY RATE $81.6568 $85.7628 $90.0351 $94.5665 ANNUAL $128,425.82 $134,570.38 $141,447.27 $148,568.70 MONTHLY $10,702.15 $11,214.20 $11,787.27 $12,380.73 BI-WEEKLY $4,939.45 $5,175.78 $5,440.28 $5,714.18 HOURLY RATE $61.7431 $64.6973 $68.0035 $71.4273 ANNUAL $122,088.81 $128,244.53 $134,595.94 $141,339.44 MONTHLY $10,174.07 $10,687.04 $11,216.33 $11,778.29 BI-WEEKLY $4,695.72 $4,932.48 $5,176.77 $5,436.13 HOURLY RATE $58.6965 $61.6560 $64.7096 $67.9516 ANNUAL $141,267.76 $148,300.06 $155,725.00 $163,575.02 MONTHLY $11,772.31 $12,358.34 $12,977.08 $13,631.25 BI-WEEKLY $5,433.38 $5,703.85 $5,989.42 $6,291.35 HOURLY RATE $67.9173 $71.2981 $74.8678 $78.6419 ANNUAL $122,505.09 $128,504.33 $134,631.18 $141,747.29 MONTHLY $10,208.76 $10,708.69 $11,219.27 $11,812.27 BI-WEEKLY $4,711.73 $4,942.47 $5,178.12 $5,451.82 HOURLY RATE $58.8966 $61.7809 $64.7265 $68.1478 ANNUAL $104,079.93 $109,352.78 $114,729.08 $120,484.47 MONTHLY $8,673.33 $9,112.73 $9,560.76 $10,040.37 BI-WEEKLY $4,003.07 $4,205.88 $4,412.66 $4,634.02 HOURLY RATE $50.0384 $52.5735 $55.1583 $57.9253 ANNUAL $115,596.59 $121,430.36 $127,511.09 $133,838.78 MONTHLY $9,633.05 $10,119.20 $10,625.92 $11,153.23 BI-WEEKLY $4,446.02 $4,670.40 $4,904.27 $5,147.65 HOURLY RATE $55.5753 $58.3800 $61.3034 $64.3456 ANNUAL $79,266.14 $82,970.16 $86,952.13 $91,242.48 MONTHLY $6,605.51 $6,914.18 $7,246.01 $7,603.54 BI-WEEKLY $3,048.70 $3,191.16 $3,344.31 $3,509.33 HOURLY RATE $38.1088 $39.8895 $41.8039 $43.8666 ANNUAL $75,068.24 $79,266.14 $82,970.16 $86,952.13 MONTHLY $6,255.69 $6,605.51 $6,914.18 $7,246.01 BI-WEEKLY $2,887.24 $3,048.70 $3,191.16 $3,344.31 HOURLY RATE $36.0905 $38.1088 $39.8895 $41.8039 ANNUAL $134,607.19 $141,339.83 $148,418.25 $155,804.93 MONTHLY $11,217.27 $11,778.32 $12,368.19 $12,983.74 BI-WEEKLY $5,177.20 $5,436.15 $5,708.39 $5,992.50 HOURLY RATE $64.7150 $67.9519 $71.3549 $74.9063 ANNUAL $122,843.48 $128,968.72 $135,430.04 $142,190.88 MONTHLY $10,236.96 $10,747.39 $11,285.84 $11,849.24 BI-WEEKLY $4,724.75 $4,960.34 $5,208.85 $5,468.88 HOURLY RATE $59.0594 $62.0043 $65.1106 $68.3610 A115 SUSTAINABILITY PROGRAM MGR $116,979.51 $9,748.29 $4,499.21 $56.2401 B607 STREETS STORM SEWER DIV MGR $128,182.99 $10,681.92 $4,930.12 $61.6265 S605 STREET MNT&SEWR COL S OPR TRN $71,456.84 $5,954.74 $2,748.34 $34.3543 S604 STREET MNT &SEWER COLL SYS OPR $75,068.24 $6,255.69 $2,887.24 $36.0905 B608 STREET & SEWER SUPERVISOR $110,102.18 $9,175.18 $4,234.70 $52.9338 A615 SR GREEN BUILDING SPECIALIST $99,117.19 $8,259.77 $3,812.20 $47.6525 A607 SENIOR PUBLIC WORKS INSPECTOR $116,665.49 $9,722.12 $4,487.13 $56.0891 A113 SENIOR PLANNER $134,595.24 $11,216.27 $5,176.74 $64.7093 B610 SENIOR MANAGEMENT ANALYST $116,756.75 $9,729.73 $4,490.64 $56.1330 D111 SENIOR HR ANALYST $122,280.90 $10,190.08 $4,703.11 $58.7889 B601 SENIOR CIVIL ENGINEER $161,767.35 $13,480.61 $6,221.82 $77.7728 A602 SENIOR BUILDING INSPECTOR $118,197.21 $9,849.77 $4,546.05 $56.8256 B106 SENIOR ACCOUNTANT $106,367.59 $8,863.97 $4,091.06 $51.1383 CLASS PAY BASIS STEP B STEP C STEP D STEP EJOB DESCRIPTION STEP A ANNUAL $92,261.23 $96,860.32 $101,829.84 $106,953.87 MONTHLY $7,688.44 $8,071.69 $8,485.82 $8,912.82 BI-WEEKLY $3,548.51 $3,725.40 $3,916.53 $4,113.61 HOURLY RATE $44.3564 $46.5675 $48.9566 $51.4201 ANNUAL $122,377.48 $128,791.46 $135,301.25 $142,130.23 MONTHLY $10,198.12 $10,732.62 $11,275.10 $11,844.19 BI-WEEKLY $4,706.83 $4,953.52 $5,203.89 $5,466.55 HOURLY RATE $58.8354 $61.9190 $65.0486 $68.3319 ANNUAL $141,491.96 $148,576.13 $155,947.56 $163,861.32 MONTHLY $11,791.00 $12,381.34 $12,995.63 $13,655.11 BI-WEEKLY $5,442.00 $5,714.47 $5,997.98 $6,302.36 HOURLY RATE $68.0250 $71.4309 $74.9748 $78.7795 ANNUAL $143,374.65 $150,426.91 $158,021.73 $165,903.70 MONTHLY $11,947.89 $12,535.58 $13,168.48 $13,825.31 BI-WEEKLY $5,514.41 $5,785.65 $6,077.76 $6,380.91 HOURLY RATE $68.9301 $72.3206 $75.9720 $79.7614 ANNUAL $92,261.23 $96,860.32 $101,829.84 $106,953.87 MONTHLY $7,688.44 $8,071.69 $8,485.82 $8,912.82 BI-WEEKLY $3,548.51 $3,725.40 $3,916.53 $4,113.61 HOURLY RATE $44.3564 $46.5675 $48.9566 $51.4201 ANNUAL $81,334.25 $85,038.27 $89,143.53 $93,526.69 MONTHLY $6,777.85 $7,086.52 $7,428.63 $7,793.89 BI-WEEKLY $3,128.24 $3,270.70 $3,428.60 $3,597.18 HOURLY RATE $39.1030 $40.8838 $42.8575 $44.9648 ANNUAL $83,155.42 $87,353.32 $91,643.91 $96,273.82 MONTHLY $6,929.62 $7,279.44 $7,636.99 $8,022.82 BI-WEEKLY $3,198.29 $3,359.74 $3,524.77 $3,702.84 HOURLY RATE $39.9786 $41.9968 $44.0596 $46.2855 ANNUAL $92,261.23 $96,860.32 $101,829.84 $106,953.87 MONTHLY $7,688.44 $8,071.69 $8,485.82 $8,912.82 BI-WEEKLY $3,548.51 $3,725.40 $3,916.53 $4,113.61 HOURLY RATE $44.3564 $46.5675 $48.9566 $51.4201 ANNUAL $134,607.19 $141,339.83 $148,418.25 $155,804.93 MONTHLY $11,217.27 $11,778.32 $12,368.19 $12,983.74 BI-WEEKLY $5,177.20 $5,436.15 $5,708.39 $5,992.50 HOURLY RATE $64.7150 $67.9519 $71.3549 $74.9063 ANNUAL $79,451.40 $83,248.11 $87,414.99 $91,767.36 MONTHLY $6,620.95 $6,937.34 $7,284.58 $7,647.28 BI-WEEKLY $3,055.82 $3,201.85 $3,362.12 $3,529.51 HOURLY RATE $38.1978 $40.0231 $42.0265 $44.1189 ANNUAL $115,596.59 $121,430.36 $127,511.09 $133,838.78 MONTHLY $9,633.05 $10,119.20 $10,625.92 $11,153.23 BI-WEEKLY $4,446.02 $4,670.40 $4,904.27 $5,147.65 HOURLY RATE $55.5753 $58.3800 $61.3034 $64.3456 ANNUAL $92,261.23 $96,860.32 $101,829.84 $106,953.87 MONTHLY $7,688.44 $8,071.69 $8,485.82 $8,912.82 BI-WEEKLY $3,548.51 $3,725.40 $3,916.53 $4,113.61 HOURLY RATE $44.3564 $46.5675 $48.9566 $51.4201 ANNUAL $83,217.10 $87,384.15 $91,767.36 $96,335.65 MONTHLY $6,934.76 $7,282.01 $7,647.28 $8,027.97 BI-WEEKLY $3,200.66 $3,360.93 $3,529.51 $3,705.22 HOURLY RATE $40.0083 $42.0116 $44.1189 $46.3153 S507 WATER QUALITY AND METER TECH $79,266.14 $6,605.51 $3,048.70 $38.1088 S508 WATER QUALITY AND METER LEAD $87,816.40 $7,318.03 $3,377.55 $42.2194 B501 WATER OPERATIONS SUPERVISOR $110,102.18 $9,175.18 $4,234.70 $52.9338 S502 WATER METER REPAIRER $75,809.04 $6,317.42 $2,915.73 $36.4466 B500 WATER DIVISION MANAGER $128,182.99 $10,681.92 $4,930.12 $61.6265 S400 UTILITY LOCATOR/INSPECTOR $87,816.40 $7,318.03 $3,377.55 $42.2194 S411 TREE WORKER $79,420.61 $6,618.38 $3,054.64 $38.1830 S409 TREE MAINTENANCE WORKER $76,951.27 $6,412.61 $2,959.66 $36.9958 S405 TREE LEADWORKER $87,816.40 $7,318.03 $3,377.55 $42.2194 A612 TRANSPORTATION PROGRAM MANAGER $136,481.96 $11,373.50 $5,249.31 $65.6164 A600 TRANSPORTATION ENGINEER $134,695.06 $11,224.59 $5,180.58 $64.7573 A601 TRAFFIC-CIVIL ENGINEER $116,825.03 $9,735.42 $4,493.27 $56.1659 S602 TRAFFIC SIGN PAINT LEAD $87,816.40 $7,318.03 $3,377.55 $42.2194 CLASS PAY BASIS STEP B STEP C STEP D STEP EJOB DESCRIPTION STEP A ANNUAL $115,596.59 $121,430.36 $127,511.09 $133,838.78 MONTHLY $9,633.05 $10,119.20 $10,625.92 $11,153.23 BI-WEEKLY $4,446.02 $4,670.40 $4,904.27 $5,147.65 HOURLY RATE $55.5753 $58.3800 $61.3034 $64.3456 ANNUAL $92,261.23 $96,860.32 $101,829.84 $106,953.87 MONTHLY $7,688.44 $8,071.69 $8,485.82 $8,912.82 BI-WEEKLY $3,548.51 $3,725.40 $3,916.53 $4,113.61 HOURLY RATE $44.3564 $46.5675 $48.9566 $51.4201 ANNUAL $79,266.14 $82,970.16 $86,952.13 $91,242.48 MONTHLY $6,605.51 $6,914.18 $7,246.01 $7,603.54 BI-WEEKLY $3,048.70 $3,191.16 $3,344.31 $3,509.33 HOURLY RATE $38.1088 $39.8895 $41.8039 $43.8666 ANNUAL $75,068.24 $79,266.14 $82,970.16 $86,952.13 MONTHLY $6,255.69 $6,605.51 $6,914.18 $7,246.01 BI-WEEKLY $2,887.24 $3,048.70 $3,191.16 $3,344.31 HOURLY RATE $36.0905 $38.1088 $39.8895 $41.8039 ANNUAL $94,934.26 $99,625.19 $104,698.92 $109,804.73 MONTHLY $7,911.19 $8,302.10 $8,724.91 $9,150.39 BI-WEEKLY $3,651.32 $3,831.74 $4,026.88 $4,223.26 HOURLY RATE $45.6415 $47.8968 $50.3360 $52.7908 A110 ZONING TECHNICIAN $90,562.50 $7,546.88 $3,483.17 $43.5396 S611 WATER SYSTEM OPERATOR TRAINEE $71,456.84 $5,954.74 $2,748.34 $34.3543 S503 WATER SYSTEM OPERATOR $75,068.24 $6,255.69 $2,887.24 $36.0905 S505 WATER SERVICE OPSTECH $87,816.40 $7,318.03 $3,377.55 $42.2194 B503 WATER QUALITY SUPERVISOR $110,102.18 $9,175.18 $4,234.70 $52.9338 CLASS JOB DESCRIPTION PAY BASIS STEP A STEP B STEP C STEP D STEP E C100 ADMINISTRATIVE SUPPORT HOURLY RATE $39.93 $41.86 $43.93 $46.02 $48.25 C500 ASSISTANT TO CITY MANAGER HOURLY RATE $63.69 $66.87 $70.23 $73.74 $77.44 C112 ASST. DIRECTOR OF PUBLIC WORKS HOURLY RATE $89.83 $94.35 $98.88 $103.94 $109.15 C601 AUTOMOTIVE TECHNICIAN HOURLY RATE $30.93 $32.47 $34.08 $35.79 $37.58 C705 BUILDING ATTENDANT HOURLY RATE $21.09 $22.25 $23.48 $24.77 $26.13 C102 BUILDING MAINTENANCE WORKER HOURLY RATE $34.18 $35.95 $37.47 $39.43 $41.38 C707 CASUAL-REC COORDINATOR I HOURLY RATE $28.62 $30.04 $31.56 $33.14 $34.79 C706 CASUAL-REC COORDINATOR II HOURLY RATE $37.51 $39.30 $41.16 $43.20 $45.35 C805 C-HUMAN RESOURCES DIRECTOR HOURLY RATE $94.78 $99.49 $104.50 $109.73 $115.17 C106 CUSTODIAN HOURLY RATE $27.49 $28.75 $30.17 $31.72 $33.38 C613 ENGINEERING TECHNICIAN II HOURLY RATE $39.34 $41.36 $43.44 $45.60 $47.83 C602 FACILITIES PROJECT MANAGER HOURLY RATE $59.37 C615 FLEET MANAGER HOURLY RATE $60.24 $63.29 $66.43 $69.74 $73.23 C708 FOOTBALL/BASKETBALL REFEREE HOURLY RATE $23.17 $24.45 C600 INTERN I HOURLY RATE $18.86 $19.79 $20.77 $21.82 $22.93 C608 INTERN II HOURLY RATE $32.59 $39.10 $45.62 $52.15 $58.65 C606 LABORER HOURLY RATE $31.72 $33.20 $35.02 $36.67 $38.44 C807 LIBRARIAN I HOURLY RATE $35.53 $37.25 $38.99 $40.98 $42.92 C806 LIBRARIAN II HOURLY RATE $39.14 $41.08 $43.07 $45.20 $47.53 C801 LIBRARY AIDE I HOURLY RATE $17.88 $18.77 $19.72 $20.70 $21.74 C808 LIBRARY AIDE II HOURLY RATE $19.89 $20.88 $21.92 $23.03 $24.17 C804 LIBRARY ASSISTANT I HOURLY RATE $27.21 $28.65 $30.04 $31.44 $33.10 C803 LIBRARY ASSISTANT II HOURLY RATE $30.39 $31.75 $33.44 $34.91 $36.65 C611 MANAGEMENT ANALYST HOURLY RATE $47.42 $49.91 $52.53 $55.29 $58.22 C107 OFFICE ASSISTANT I HOURLY RATE $26.67 $28.05 $29.40 $30.84 $32.49 C702 PARK AND FIELD MONITOR HOURLY RATE $28.00 $29.54 $31.16 $32.88 $34.69 C211 PARKING ENFORCEMENT OFFICER HOURLY RATE $33.52 $35.12 $36.86 $38.70 $40.65 C201 PARKING ENFORCEMENT TECHNICIAN HOURLY RATE $29.83 $31.25 $32.78 $34.42 $36.16 C409 PARKS AND TREE WORKER HOURLY RATE $33.99 $35.90 $37.55 $39.41 $41.36 C809 PASSPORT APPLICATION ACCEPTANC HOURLY RATE $27.21 $28.65 $30.04 $31.44 $33.10 C900 PER DIEM COMM DISPATCHER HOURLY RATE $35.00 $53.51 C199 POLICE SERVICE AIDE HOURLY RATE $17.88 $18.77 $19.72 $20.70 $21.74 C715 PRE-SCHOOL AIDE HOURLY RATE $23.27 $24.55 $25.89 $27.32 $28.82 C712 PRESCHOOL MUSIC SPECIALIST HOURLY RATE $63.65 C711 PRE-SCHOOL SITE COORDINATOR HOURLY RATE $27.69 $29.21 $30.82 $32.51 $34.30 C714 PRE-SCHOOL TEACHER HOURLY RATE $25.48 $26.88 $28.36 $29.93 $31.57 C612 PROGRAM MANAGER HOURLY RATE $60.05 $63.04 $66.17 $69.50 $73.00 C713 PROGRAM OUTREACH SPECIALIST HOURLY RATE $31.64 $33.38 $35.22 $37.15 $39.20 C700 RECREATION LEADER I HOURLY RATE $18.06 C701 RECREATION LEADER II HOURLY RATE $19.25 $20.31 $21.42 $22.61 C710 RECREATION SPECIALIST HOURLY RATE $28.00 $29.54 $31.16 $32.88 $34.69 C703 SENIOR RECREATION LEADER HOURLY RATE $23.85 $25.16 $26.54 C614 SIDEWALK PROGRAM COORDINATOR HOURLY RATE $40.98 $43.05 $45.19 $47.44 $49.83 C641 SUMMER CREW HOURLY RATE $17.88 $18.77 $19.72 $20.70 $21.74 C642 SUMMER CREW LEADER HOURLY RATE $22.34 $23.46 $24.62 $25.84 $27.12 CITY OF BURLINGAME SALARY SCHEDULE - CASUAL EFFECTIVE DATE: 12/30/2024 CLASS JOB DESCRIPTION PAY BASIS STEP A STEP B STEP C STEP D STEP E CA14 ACCOUNTING TECH -RET ANNUITANT HOURLY RATE $43.66 $45.86 $48.14 $50.52 $53.05 CA13 HR ANALYST II - RET ANNUITANT HOURLY RATE $53.19 $55.86 $58.54 $61.53 $64.62 CA12 HR TECH - RET ANNUITANT HOURLY RATE $40.47 $42.38 $44.46 $46.67 $49.12 CA11 LIB ASST II - RET ANNUITANT HOURLY RATE $30.38 $31.75 $33.44 $34.92 $36.65 CP50 ASSISTANT CITY ATTORNEY HOURLY RATE $46.99 $100.70 CP25 ASSISTANT TO CITY MANAGER HOURLY RATE $63.70 $66.89 $70.21 $73.76 $77.45 CP12 ASSOCIATE PLANNER HOURLY RATE $52.03 $54.63 $57.36 $60.27 $63.29 CP61 AUTOMOTIVE TECHNICIAN HOURLY RATE $30.93 $32.47 $34.08 $35.79 $37.58 CP75 BUILDING ATTENDANT HOURLY RATE $21.09 $22.25 $23.48 $24.77 $26.13 CP63 CP BUILDING INSPECTOR II HOURLY RATE $54.25 $56.83 $59.79 $62.61 $65.64 CP85 CP-HUMAN RESOURCES DIRECTOR HOURLY RATE $94.78 $99.49 $104.50 $109.73 $115.17 CP11 CP-LIB ASST II HOURLY RATE $30.38 $31.75 $33.44 $34.92 $36.65 CP87 CP-LIBRARIAN I HOURLY RATE $35.53 $37.25 $38.99 $40.98 $42.92 CP72 CP-PARK AND REC FIELD MONITOR HOURLY RATE $28.00 $29.54 $31.16 $32.88 $34.69 CP70 CP-REC COORDINATOR I HOURLY RATE $28.62 $30.04 $31.56 $33.14 $34.80 CP05 CP-SENIOR PLANNER HOURLY RATE $59.50 $62.46 $65.57 $68.84 $72.31 CP62 ENGINEERING TECHNICIAN II HOURLY RATE $39.34 $41.36 $43.44 $45.60 $47.83 CP30 INTERN II HOURLY RATE $32.59 $39.10 $45.62 $52.15 $58.65 CP60 LABORER HOURLY RATE $31.72 $33.20 $35.02 $36.67 $38.44 CP86 LIBRARIAN II HOURLY RATE $39.14 $41.08 $43.07 $45.20 $47.53 CP80 LIBRARY AIDE I HOURLY RATE $17.88 $18.77 $19.72 $20.70 $21.74 CP81 LIBRARY AIDE II HOURLY RATE $19.89 $20.88 $21.92 $23.03 $24.17 CP10 LIBRARY ASSISTANT I HOURLY RATE $27.21 $28.65 $30.04 $31.44 $33.10 CP21 PARKING ENFORCEMENT OFFICER HOURLY RATE $33.52 $35.12 $36.86 $38.70 $40.65 CP40 PARKS AND TREE WORKER HOURLY RATE $33.99 $35.90 $37.55 $39.41 $41.36 CP15 PER DIEM COMM DISPATCHER HOURLY RATE $35.00 $53.51 CP71 RECREATION SPECIALIST HOURLY RATE $28.00 $29.54 $31.16 $32.88 $34.69 CP20 SUSTAINABILITY COORDINATOR HOURLY RATE $56.24 $59.06 $62.00 $65.11 $68.36 1 STAFF REPORT AGENDA NO: 10a MEETING DATE: December 2, 2024 To: Honorable Mayor and City Council Date: December 2, 2024 From: Neda Zayer, Community Development Director – (650) 558-7253 Ruben Hurin, Planning Manager – (650) 558-7256 Subject: Introduction and First Reading of an Ordinance of the City Council of the City of Burlingame Amending Burlingame Municipal Code Chapter 25.40 of Article 3; Chapter 25.48 of Article 4; Chapter 25.60 of Article 6; Chapter 25.88 of Article 6; Chapter 25.98 of Article 6; and Chapter 25.100 of Article 7, Related to Accessory Dwelling Units; CEQA Determination: Exempt Pursuant to State CEQA Guidelines Sections 15282, 15378, and 15061(b)(3) RECOMMENDATION Staff recommends that the City Council consider the proposed Ordinance, which amends the above-referenced chapters in the Burlingame Municipal Code regarding accessory dwelling units. In order to do so, the City Council should: 1. Receive the staff report and ask any questions of staff. 2. Conduct a public hearing on the proposed Ordinance. 3. Close the public hearing, discuss the proposed Ordinance, determine whether to bring it back for adoption. 4. Direct the City Clerk to publish a summary of the Ordinance at least five days before proposed adoption. BACKGROUND What is an Accessory Dwelling Unit (ADU) An Accessory Dwelling Unit (ADU) is a smaller, independent residential dwelling unit located on the same lot as a stand-alone single-family residence or multi-family residential development. ADUs are also referred to as secondary units or granny units/flats. ADUs come in a variety of types and forms and include: • Interior ADU: When a portion of an existing single-family residence is converted into an ADU. • Attached ADU: When an addition to a single-family residence is constructed to be used as an ADU. • Detached ADU: When a new stand-alone structure is constructed to be used as an ADU, Title 25 - Zoning Amendments for Accessory Dwelling Units December 2, 2024 2 or an existing stand-alone accessory structure or portion of a structure is turned into an ADU. • Junior Accessory Dwelling Unit (JADU): When up to 500 square feet of an existing or proposed single-family residence is converted into a JADU. The History of ADU State Laws: In 2016, the State of California created statewide regulations that required local jurisdictions to allow ADUs on most residential lots as a response to California’s statewide housing shortage. These laws preempted local zoning ordinances and permitting processes in an effort to reduce regulatory barriers commonly found in local zoning ordinances. In almost every subsequent year since, additional laws have been passed to further relax the regulations around ADUs, requiring local jurisdictions to continue to update local regulations. Below is a brief history of the State ADU laws and how regulations have changed over time: • 2016 (A.B. 2299, S.B. 1069, A.B. 2406): established statewide regulations allowing the development of ADUs, including: o Mandated that local governments approve ADU building permit requests if the ADU meets certain standards. o Reduced, and in some cases eliminated, ADU parking requirements. o Reduced ADU utility-related fee requirements. o Prohibited local governments from discretionary approval of ADUs. o Voided all local government ADU-related ordinances that do not fully comply with state law. o ADU permits in non-compliant jurisdictions must be reviewed under California law until the local government adopts a California-compliant ADU ordinance. o Allowed local governments to adopt an ordinance permitting JADUs, subject to certain requirements. JADUs are ADUs that do not exceed 500 square feet and are completely contained within an existing residential structure • 2017 (SB 229 and AB 494): gave the California Department of Housing and Community Development (HCD) greater oversight over how local jurisdictions administered ADU permitting and clarified various ambiguities in the law, including: o Clarified an ADU can be created through the conversion of a garage, carport, or covered parking structure. o Reduced the maximum number of parking spaces for an ADU to one space. o Allowed replacement parking spaces to be located in any configuration as a result of a parking structure conversion to an ADU. • 2019 (AB 68, AB 670, SB 9, SB 13): o Exempted ADUs/JADUs from restrictions in HOAs/CC&Rs Title 25 - Zoning Amendments for Accessory Dwelling Units December 2, 2024 3 o Established Statewide Exemption ADUs for ADUs up to 800 square feet meeting specific criteria o Eliminated impact fees for ADUs under 750 square feet o Allowed ADUs to be constructed at the same time as the primary unit o Reduced time approvals from 120 days to 60 days o Prohibited cities from:  Requiring minimum lot sizes  Requiring replacement parking for garage conversions  Banning short-term rentals in ADUs  Requiring owner occupancy of an ADU • 2021 (AB 3182): further streamlined ADU permitting. • 2022 (AB 2221 and SB 897): increased the height of ADUs, allowed the construction of state exempt ADUs within front yard setback areas, reduced local jurisdictions’ ability to deny ADUs, expanded where JADUs could be built, and streamlined application review processes. • 2023 (AB 976): permanently exempted ADUs from owner-occupancy mandates. • 2024 (AB 2533, SB1211, SB 1077): further explained below. The City of Burlingame’s ADU Regulations In 2017, 2018 and 2020, the City Council adopted code amendments to Title 25 (Zoning) in response to the State laws regarding ADUs. Further refinements to the ADU Ordinance (Burlingame Municipal Code (BMC) Section 25.48.030) were made with the Zoning Code Update in 2021; however, no other updates have been made since that time. Earlier this year, the State Department of Housing and Community Development (HCD) reviewed the City’s ADU regulations and found they do not comply with current State law. HCD issued the City a letter requiring the City to update its ADU regulations to comply with State legislation given that it supersedes the City’s regulations. In addition, on January 1, 2025, several new State laws will go into effect regarding ADUs; these changes have been incorporated into the proposed Ordinance. Staff is bringing forward the proposed Ordinance, which makes changes to Chapter 25.48 (Standards for Specific Land Uses and Activities) of the Municipal Code and other related Municipal Code sections pertaining to ADUs. At its meeting of November 25, 2024, the Planning Commission reviewed the proposed text amendments to the Zoning Regulations, as required by the Municipal Code, and recommended that the City Council adopt the changes as presented in the proposed Ordinance. Title 25 - Zoning Amendments for Accessory Dwelling Units December 2, 2024 4 DISCUSSION The proposed Ordinance sets forth text amendments to the City’s existing ADU regulations (BMC Section 25.48.030), as well as other sections of the Municipal Code, to ensure consistency with State legislation that has been passed since 2021, including State laws (AB 2533 and SB 1211) passed in 2024 that become effective on January 1, 2025. It is important to note that any local ordinance that does not conform to AB 2533 and SB 1211 changes to state ADU law will be rendered null and void as a matter of law on January 1, 2025. The following is a list of key changes to the regulations, including requirements mandated by State legislation and staff’s recommended amendments: 1. ADU Permit Requirement: The City’s existing ADU regulations require an applicant to first obtain an ADU Permit (ministerial review) from the Planning Division prior to submitting a building permit application to the Building Division. The proposed Ordinance amends these regulations to eliminate the ADU Permit requirement. An applicant would only be required to apply for and obtain a building permit, which would be reviewed by all applicable City divisions, including the Planning Division. This will help: (1) remove regulatory barriers by streamlining the ADU review and approval process, (2) reduce a homeowner’s permitting time from going through two almost identical permitting processes, and (3) reduce City staff time reviewing ADUs. 2. Statewide Exemption ADUs: The proposed Ordinance would clarify the regulations for Statewide Exemption ADUs based on the specific requirements established by the State, versus other types of ADUs. The City’s existing regulations do not include this information. Statewide Exemption ADUs include: • JADUs; • ADUs in spaces converted from within an existing single-unit or multi-unit dwelling, or existing accessory structure, or within a proposed single-unit dwelling; • A new detached ADU with four-foot side and rear setbacks, a maximum size of 800 SF, and within the height limit allowed by State law (see below). It is important to note that a property with a single-family residence can obtain all three of these ADU types on a single property. 3. Side and Rear Setback Requirements: The City’s existing ADU regulations exempt detached ADU structures from side and rear setback requirements. The proposed Ordinance amends the ADU regulations to require four-foot side and rear setbacks for construction of a new detached ADU or an addition to an existing detached structure. It is important to note that current State law exempts ADUs from side and rear setback requirements if the new detached ADU is built in the same location and to the same dimensions of an existing detached structure that is demolished/replaced with the new ADU. 4. Maximum Height Limits: The City’s existing ADU regulations limit the height of a detached ADU to one-story and 16 feet. In compliance with State law, the proposed Ordinance would Title 25 - Zoning Amendments for Accessory Dwelling Units December 2, 2024 5 amend ADU regulations to allow the following building heights, including a new detached two-story ADU or an ADU above an existing or proposed detached garage: • 18 feet if the lot is located within one-half mile walking distance of a major transit stop (train station) or a high-quality transit corridor (El Camino Real); an additional two feet is allowed if needed to match the roof pitch of the primary dwelling unit. • 18 feet for a detached ADU on a lot with an existing or proposed multi-unit, multi- story dwelling. Restrictions on plate height would also being eliminated, since HCD noted that only a restriction on the overall building height can be enforced. 5. Senate Bill 1211 – Replacement Parking Requirements; Multi-unit ADUs: Senate Bill 1211 was adopted in 2024 and goes into effect on January 1, 2025. The new law requires the following: • Prohibits local agencies from requiring replacement of an uncovered parking space if it is demolished for or replaced with an ADU. Under the City’s current ADU regulations, covered parking spaces are not required to be replaced. • Currently, state law requires local agencies to ministerially approve building permit applications for ADUs within “portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages ….” SB 1211 adds a definition for ‘livable space’, which means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation. • Increases the quantity of detached ADUs that lots with existing multi-unit dwellings can have from two detached ADUs to eight detached ADUs, or as many detached ADUs as there are primary dwelling units on the lot, whichever is less. 6. Assembly Bill 2533 - Unpermitted ADUs and JADUs: Assembly Bill 2533 was adopted in 2024 and goes into effect on January 1, 2025. The new law requires the following: Currently, state law prohibits local agencies from denying a permit to legalize an unpermitted ADU that was constructed before January 1, 2018, if the denial is based on the ADU not complying with applicable building, state, or local ADU standards. One exception allows local agencies to deny a permit to legalize if the agency makes a written finding that correcting the violation is necessary to protect the health and safety of the public or the occupants of the structure. AB 2533 will: (1) expand its applicability to JADUs; (2) change the construction cutoff date from January 1, 2018, to January 1, 2020; (3) replace the above exception with a requirement that local agencies find that correcting the violation is necessary to comply with Title 25 - Zoning Amendments for Accessory Dwelling Units December 2, 2024 6 the standards specified in Health and Safety Code section 17920.3 (Substandard Buildings); and (4) address the scope of city inspections and limits on remedial action. In addition to amendments to BMC Chapter 25.48, there are several other Municipal Code sections that address ADUs that require updating for consistency with the proposed changes, which are reflected in the proposed Ordinance. Those proposed changes include amendments to the following BMC Chapters: • Chapter 25.40 (Parking Regulations) • Chapter 25.60 (General Provisions) • Chapter 25.88 (Permit Implementation, Extensions, Modifications, and Revocations) • Chapter 25.98 (Appeals and Calls for Review) • Chapter 25.100 (Public Hearings and Notice) The proposed Ordinance in redline form is provided as an attachment to this report for reference. A “clean” version of the proposed Ordinance is also provided. California Environmental Quality Act (CEQA) The proposed Ordinance is Statutorily Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15282(h), which exempts the adoption of an ordinance regarding accessory dwelling units in a single-family or multifamily residential zone by a city or county to implement the provisions of Sections 66310-66341 of the Government Code as set forth in Section 21080.17 of the Public Resources Code. In addition, the proposed Ordinance is exempt from CEQA pursuant to CEQA Guidelines section 15378 because the proposed Ordinance is not a “project” within the definition of CEQA. Furthermore, the proposed Ordinance is exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3) because the proposed Ordinance can be seen with certainty to have no possibility of a significant effect on the environment. FISCAL IMPACT There are no fiscal impacts associated with the proposed Ordinance. Exhibits: • Proposed Ordinance – Redline Version • Proposed Ordinance - Clean Version 1 REDLINE VERSION Chapter 25.40 PARKING REGULATIONS 25.40.030 Required Parking Spaces. Table 25.40-1: Parking Requirements by Use Type of Land Use Number of Off-Street Parking Spaces Required Residential Uses Dwellings Accessory Dwelling Units Per Section 25.48.030.LH. (Parking) Single-Unit Dwelling See Section 25.40.030.B. Two -Unit and Multi-Unit Dwellings All zoning districts except Downtown Specific Plan, BRMU, RRMU, NBMU, and R-4 1 space for studio units 1.5 spaces for one-bedroom units 2 spaces for two-or more bedroom units 0.5 spaces per unit for housing occupied exclusively by persons aged 62 or older 0.75 spaces for micro units Guest parking: 1 additional guest parking space shall be provided for every 4 units for projects greater than 10 units Downtown Specific Plan zoning districts, BRMU, RRMU, NBMU, and R-4 1 space for studio or one- bedroom units 1.5 spaces for two-bedroom units 2 spaces for three-or more bedroom units 0.75 spaces for micro units No additional guest parking spaces are required All 80 percent of the total required parking spaces shall be covered or within a garage or carport. 2 Caretaker Quarters 1 space per dwelling 3 Section 5. Chapter 25.48 – Standards for Specific Land Uses and Activities, Section 25.48.030, Accessory Dwelling Units, of Article 4 of Title 25 of the Burlingame Municipal Code is amended as follows: 25.48.030 Accessory Dwelling Units. A. Purpose and Applicability. 1. The purpose of this chapter is to regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code Sections 66310 through 66341.65852.2 and 65852.22. This chapter is intended to implement the Housing Element of the Burlingame General Plan by providing for additional housing opportunities. This will be accomplished by increasing the number of units available within existing neighborhoods while maintaining the primarily single-unit and multi-unit residential character of the area, and establishing standards for the development and occupancy of accessory dwelling units and junior accessory dwelling units to ensure that they are compatible with neighboring uses and structures, adequately equipped with public utility services, safe for human occupancy, and do not create unreasonable traffic and safety impacts. 2. In cases of conflict between this chapter and any other provision of this title, the provisions of this chapter shall prevail. To the extent that any provision of this chapter is in conflict with State law, the applicable provision of State law shall control, but all other provisions of this chapter shall remain in full force and effect. 3. An ADU or JADU which conforms to the requirements of this chapter shall not be considered to exceed the allowable density for the lot upon which it is located and shall be deemed to be a residential use which is consistent with the existing General Plan and zoning designations for the lot. B. Definitions. The following terms shall have the following meanings for this chapter only and shall supersede the terms defined by Chapter 25.106 (Land Use Definitions): 1. “Accessory dwelling unit” or “ADU” means an attached or, detached, or interior residential dwelling unit ancillary to a primary dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit may be between 150 and 1,000 square feet in size and shall comply with subsection H.3 (Maximum Size) of this section. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-unit or multi-unit dwelling is or will be situated. An accessory dwelling unit also 4 includes an efficiency unit, as defined in Section 17958.1 of the Health and Safety Code, and a manufactured home, as defined in Section 18007 of the Health and Safety Code. This chapter recognizes three types of accessory dwelling units as defined below. Where a proposed accessory dwelling unit does not clearly fall into one of the defined types, the Director shall make a determination pursuant to Chapter 25.04 (Interpretation of the Zoning Ordinance). a. “Attached accessory dwelling unit” or “Attached ADU” means an accessory dwelling unit that is constructed as a physical expansion (i.e., addition) of an existing or proposed primary dwelling unit, including construction of a new basement underneath a primary dwelling unit to accommodate an accessory dwelling unit. b. “Detached accessory dwelling unit” or “Detached ADU” means an accessory dwelling unit that is constructed as a separate structure from the existing or proposed primary dwelling unit; or contained within the existing space of an accessory structure (as defined herein), including construction of a new basement underneath an accessory structure to accommodate an accessory dwelling unit. c. “Interior accessory dwelling unit” or “Interior ADU” means an accessory dwelling unit that is contained within the existing space of aan existing or proposed primary dwelling unit, including within its living area, basement, or attached garage; constructed as part of a proposed primary dwelling unit; or created from non-livable space of a multi-unit dwelling. 2. “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot. 3. “Efficiency kitchen” means a kitchen that includes each of the following: a. A sink and cooking facility with appliances (e.g., microwave, toaster oven or hot plate). b. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit. 4. “Junior accessory dwelling unit” or “JADU” means a residential dwelling unit that: 5 a. Is no more than 500 square feet in size; b. Is contained entirely within an existing or proposed single-unit dwelling; enclosed spaces within an existing or proposed single-unit dwelling, such as attached garages, are considered a part of the single-unit dwelling; c. Includes its own separate sanitation facilities (bathroom containing a sink, toilet, and shower or tub), or may share sanitation facilities with the existing or proposed single- unit structure; JADUs without a separate bathroom shall include a separate entrance from the main entrance to the single-unit dwelling, with an interior entry to the main living area of the single-unit dwelling; and d. Includes an efficiency kitchen, as defined in subsection B.3 above. 5. “Kitchen” means a kitchen that includes each of the following: a. A sink and cooking facility (permanent stove and/or oven); b. A refrigerator with separate doors for the refrigerator and freezer compartments; and c. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the accessory dwelling unit. 6. ‘Livable space’ means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation. 7. “Living area” means the interior habitable floor area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. 8. “Multi-unit dwelling” means two or more attached primary residential units contained on the same lot. Multiple detached single-unit dwellings on the same lot are not considered multi- unit dwellings for the purposes of this chapter. 89. “Nonconforming zoning conditions” means a physical improvement on a property that does not conform with current zoning standards. 6 910. “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to the entrance of an accessory dwelling unit or junior accessory dwelling unit. 1011 . “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. 1112. “Tandem parking” means a parking configuration where two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. C. Applications and Processing. 1. An applicant shall submit a permit application for an ADU or JADU that is in conformance with this chapter shall be submitted to the Building Division andwhich shall be considered by the Building Division ministerially and without discretionary review or public hearing.Applications for ADU and JADU permits shall be in writing and filed with the Community Development Department on a form approved by the Director. 2. As established by Council resolution, a fee will be charged for an application for an ADU or JADU permit under this chapter. All ADUs and JADUs are also subject to building permit fees. 3.2. Within 60 days of receipt of a complete application, the Building Division Community Development Department staff shall ministerially ministerially process for approval approve or deny any permit application for an ADU or JADU if there is an existing single-unit dwelling or multi-unit dwelling on the lot. permit pursuant to this chapter. Incomplete applications will be returned by the Building Division to the applicant and will includewith an explanation in writing a full set of comments with a list of items that are defective or deficient and how the application can be remedied by the applicant. of what additional information is required. If the Building Division has not approved or denied the completed application for the ADU or JADU within such 60-day period, the application shall be deemed approved. Upon finding that the ADU or JADU meets the requirements of this chapter, the application shall be approved. ministerially without discretionary review or public hearing and the applicant may proceed to acquire a building permit. All ADUs and JADU applications are categorically exempt from CEQA pursuant to Sections 15301 and 15303 of the CEQA guidelines. 7 4.3. If an permit application for an attached ADU or JADU is submitted with an application for an addition to an existing single-unit or multi-unit dwelling or construction of a new single-unit or multi-unit dwelling that is subject to design review or other discretionary permit for the same parcel, the permit application for the ADU or JADU permit shall not be acted upon until the application for design review or other discretionary permit is approved or denied. Following the approval for design review or other discretionary permit for the primarysingle- unit or multi-unit dwelling unit, the complete permit application for the ADU or JADU application will be ministerially processed within 60 days of receipt of a complete application and approved if it meets the requirements of this chapter. 5.4. If the applicant requests a delay, the 60-day time period for approval shall be tolled for the period of the delay. D. Appeal. The applicant that requested the accessory dwelling unit permit may appeal the Director’s denial of the request. The appeal shall be submitted to the Director in writing within 10 days after the date of the Director’s decision. The appeal shall be heard by the Planning Commission in a public hearing pursuant to the procedures established for discretionary actions in Chapter 25.100. E. Revocation of Permit. 1. Grounds. An ADU or JADU permit granted pursuant to this chapter may be revoked on any one or more of the following grounds: a. Failure to comply with the requirements of this chapter; or b. The ADU or JADU is no longer used for residential purposes; or c. The parking required by this chapter is no longer provided. 2. Notice. Written notice to revoke an ADU or JADU permit shall be served on the property owner, as shown on the last equalized assessment roll, either personally or by certified mail, and shall state: a. The reasons for the proposed revocation. b. That the proposed action will be taken by the Director unless a written request for a hearing before the Commission is requested within 15 days after the date of said notice. If no response is received, the Director will revoke the ADU or JADU permit as set forth in the notice. 3. Hearing. If a hearing is requested, at least 10 days’ notice thereof shall be given to the requested party. At the hearing, the property owner may call witnesses and present evidence in his or her behalf. Upon conclusion of the hearing, the Commission will determine whether or not the permit will be revoked. Such determination may be appealed to the Council in the same manner as for appeals taken on applications for the granting of conditional use permits or variances. 8 F.D. Minimum Standards of Eligibility. 1. No minimum lot area is required for creation of an ADU or JADU. 2. An ADU or JADU shall only be allowed on a parcel which has been legally created in compliance with the Subdivision Map Act and Title 26 (Subdivisions), and where the ADU or JADU is developed with an existing or proposed single-unit dwelling, except for ADUs constructed on multi-unit residential properties pursuant to Section 25.48.030.J.subsection E.9. 3. ADUs may only be permitted in districts zoned to allow single-unit dwelling or multi-unit dwelling residential uses as a permitted use. ADUs are also permitted on any parcel that has a current and valid nonconforming single-unit or multi-unit residential use, so long as the ADU complies with all other portions of this chapter. 4. JADUs may only be permitted in districts zoned to allow a single-unit dwelling residential use as a permitted use. JADUs are also permitted on any parcel that has a current and valid nonconforming single-unit residential use, so long as the JADU complies with all other portions of this chapter. G.E. General Requirements and Restrictions. The following requirements and restrictions apply to all existing and new ADUs and JADUs, as applicable: 1. ADUs and JADUs shall comply with all applicable provisions of this title and all applicable building, health and fire codes. However, ADUs and JADUs shall not be required to provide fire sprinklers unless required for the primary single-unit dwelling or multi-unit dwelling structure. 2. All development standards contained in the underlying zoning district, including those in Article 2, shall apply to ADUs and JADUs unless they are inconsistent with the provisions of this chapter, in which case the development standards of this chapter shall apply. 3. Accessory Dwelling Units. a. ADUs may be rented separately from the single-unit dwelling or multi-unit dwelling structure but may not be sold or otherwise conveyed separately from the other 9 dwellings on the lot, except the ADU and single-unit dwelling may be owned by multiple owners as tenants in common if the single-unit dwelling and ADU were developed by a qualified nonprofit, as that term is defined in Government Code Section 66340, and if all of the provisions of Government Code Section 66341 are met.as provided for by Government Code Section 65852.26. b. ADUs may not be rented for fewer than 30 consecutive calendar days. c. ADUs are not subject to any owner-occupancy requirement. d. Interior Connection. Attached and interior ADUs may, but are not required, to contain an interior doorway connection between the single-unit dwelling and ADU. e. Permanent Foundations. i. All ADUs shall be permanently attached to a permanent foundation. ii. A recreational vehicle, commercial coach, trailer, motor home, camper, camping trailer, boat, or similar vehicle shall not be used as an ADU. f. Balconies/Decks. Balconies, second story decks, and rooftop terraces are prohibited, except for required landings sized to meet minimum requirements to allow ingress and egress. 4. Junior Accessory Dwelling Units. a. JADUs may be rented separately from the single-unit dwelling but may not be sold or otherwise conveyed separately from the single-unit dwelling on the lot. b. JADUs may not be rented for fewer than 30 consecutive calendar days. c.b. JADUs are subject to an owner-occupancy requirement. A person with legal or equitable title to the property shall reside on the property in either the primary dwelling or JADU as that person’s legal domicile and permanent residence. 10 However, the owner-occupancy requirement of this paragraph does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization. Prior to issuance of a building permit for a JADU, the owner shall record a covenant in a form prescribed by the city attorney, which shall run with the land and provide for the following: i. A prohibition on the sale of the JADU separate from the sale of the single- unit dwelling; ii. A restriction on the size and attributes of the JADU consistent with this section; iii. A prohibition against renting the property for fewer than 30 consecutive calendar days; and iv. A requirement that either the primary residence or the JADU unit be the owner’s bona fide principal residence, unless the owner is a governmental agency, land trust, or housing organization. 5. If an ADU or JADU which was created within a single-unit dwelling, accessory structure or multi-unit dwelling structure is required to be removed or is voluntarily removed, the kitchen facility shall be removed from the space that is no longer an ADU or JADU and, unless permitted for a different use, the space shall be converted back to its original use. If an ADU was newly constructed: a. The space or structure shall be entirely removed; or b. The kitchen facility shall be removed and the space shall be converted to a permitted use allowed within the underlying zoning district; or c. The kitchen facility shall be removed and the applicant shall obtain the appropriate land use permit for the proposed use within the space. 6. Certificates of Occupancy. A certificate of occupancy for an ADU or JADU shall not be issued before a certificate of occupancy is issued for the primary dwelling unit. 7. Deed Restriction. Prior to issuance of a building permit for an ADU ora JADU, a deed restriction must be recorded against the title of the property in the County Recorder’s office and a copy filed with the Community Development Department. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that: 11 a. The ADU or JADU shall not be sold separately from the primary dwelling. b. The ADU or JADU is restricted to the approved size and to other attributes allowed by this section. c. The deed restriction runs with the land and may be enforced against future property owners. d. The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the City, providing evidence that the ADU or JADU has in fact been eliminated. The City may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the City’s determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code. e. The deed restriction is enforceable by the Director or his or her designee for the benefit of the City. Failure of this property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit. 8. Single-Unit Dwellings. The following may be permitted on a parcel with an existing or proposed single-unit dwelling: a. JADUs. One JADU that meets the standards in subsection G. JADUs are only permitted on a parcel with no more than one existing or proposed single- unit dwelling. b. ADUs. Any one of the following may be permitted on a parcel with an existing or proposed single-unit dwelling: 12 i. One new construction attached or detached ADU that meets the standards in subsection F. ii. Statewide Exemption ADUs as permitted under subsection E.10.a.-b. 9. Multi-Unit Dwellings. Any one of the following may be permitted on a parcel with an existing or proposed multi-unit dwelling: a. One attached, detached, or interior ADU that meets the standards in subsection F. b. Statewide Exemption ADUs as permitted under subsection E.10.c.-d. 10. Statewide Exemption ADUs. If an ADU or JADU does not exist or is not proposed pursuant to subsection E.8. or E.9. above, any of the following will be ministerially permitted on a parcel and is not subject to subsection F. below. a. One ADU and one JADU per parcel with a proposed or existing single-unit dwelling if all of the following apply: i. The ADU or JADU is within the proposed space of a single-unit dwelling or existing space of a single-unit dwelling or the ADU is within the existing accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. ii. The space has exterior access from the proposed or existing single- unit dwelling. iii. The side and rear setbacks are sufficient for fire and safety. iv. The JADU complies with the requirements of subsection G. b. One detached, new construction ADU that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-unit dwelling, does not exceed 800 square feet in floor area, and does not exceed 13 the allowed height in subsection F.4. The ADU may be combined with a JADU that meets the standards as described in subsection G. c. Multiple ADUs within the portions of a multi-unit dwelling that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, provided that the dwellings comply with building and fire code standards for dwellings. The number of ADUs permitted is equivalent to up to 25 percent of the number of existing, legally permitted units in the multi-unit dwelling, or one, whichever is greater. When calculating the number of allowed ADUs based on the percentage of existing multi-units, round down to the nearest integer. d. In addition to ADUs allowed by subsection 10.c. above, up to eight detached ADUs, or as many detached ADUs as there are primary dwelling units on the lot, whichever is less, may be allowed on lots with an existing multi-unit dwelling. These allowed units may be converted from existing detached garages on the site. On lots with a proposed multi-unit dwelling, up to two detached ADUs may be allowed. The ADUs must not exceed the allowed height in subsection F.5. and must have a minimum rear and side setbacks of four feet. If the existing multi-unit dwelling has a rear or side setback of less than four feet, the existing multi-unit dwelling will not be required to be modified to meet this setback. H.F. Development Standards for Accessory Dwelling Units. An ADU shall be constructed only in accordance with the following development standards: 1. Location and Number. Only one ADU shall be permitted per lot which contains an existing or proposed single-unit dwelling. ADUs may be located in any of the following: a. Within the walls of an existing or proposed single-unit dwelling; b. Attached to an existing or proposed single-unit dwelling; c. Within an existing accessory structure; or d. Detached from the single-unit dwelling but located on the same lot as the existing or proposed single- unit dwelling. 2. Minimum Size. No ADU shall be smaller than the size required to allow an efficiency unit pursuant to Health and Safety Code Section 17958.1. 1.3. Maximum Size. The maximum floor area for an attached or detached ADU shall be 850 square feet or 1,000 square feet. for two or more bedrooms. a. Notwithstanding subsection H.3 above, if there is an existing primary dwelling, an attached ADU shall not exceed 50 percent of the living area of the existing primary dwelling. b. If the ADU is created by converting space within an existing single-unit dwelling or accessory structure: 14 i. An expansion limited to 150 square feet beyond the physical dimensions of the existing single-unit dwelling or accessory structure is permitted strictly to accommodate ingress and egress to the ADU; this additional square footage shall be exempt from lot coverage and floor area ratio requirements. The side and rear setback requirements for the single-unit dwelling may be reduced to no less four feet to accommodate an exterior stair and landing that provide required access to the ADU if it is located on the second story; and ii. The ADU must have side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes. 2.4. Floor Area Ratio and Lot Coverage. An attached or detached ADU measuring no more than 800850 square feet in size shall be exempt from floor area ratio and lot coverage requirements (includes floor area located in basements or lower level areas). For Anattached or detached ADUs measuring greater than 800850 square feet, the entire ADU shall be counted and shall comply with the floor area ratio and lot coverage regulations. as specified by the applicable zoning district. 3.5. Setbacks. An ADUs shall conform to the following setback standards: a. No front setback shall be applied that would preclude the development of an 800 square foot ADU with at least four (4) foot side and rear setbacks. ADUs exceeding 800 square feet shall comply with minimum front setback requirements. a.b. A setback of at least four feet is required from the side and rear property lines; however, no setbacks shall be required under the following circumstances: i. Existing livable space or an existing accessory structure that is converted, in whole or in part, to an ADU; and ii. The detached ADU is constructed in the same location and to the same dimensions as an existing detached structure (with no expansion) that is demolished solely for the purpose of constructing the ADU.; or iii. Construction of a new detached ADU entirely located within the rear 40 percent of the lot. If any portion of the detached ADU is located forward of the rear 40 percent of the lot, it shall comply with the setback requirements of the applicable zoning district in which it is located; for detached ADUs that are no greater than 850 square feet and no taller than 16 feet, no more than four-foot side or rear setbacks shall be required. b. There shall be a minimum four-foot separation between a detached ADU and any other structure on the lot, as measured between the exterior walls of the structures. 4.6. Maximum Height Limits. and Stories. ADUs shall be subject to the following height limits which shall be measured from highest adjacent grade: 15 a. Detached ADUs.A height of 16 feet for a detached ADU on a lot with an existing or proposed single-unit or multi-unit dwelling. b. A height of 18 feet for a detached ADU on a lot with an existing or proposed single- unit or multi-unit dwelling unit that is within one-half mile distance of a major transit stop or a high-quality transit corridor, as defined in California Public Resource Code Section 21155. An additional two feet in height shall be allowed to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit. c. A height of 18 feet for a detached ADU on a lot with an existing or proposed multi- unit, multi-story dwelling. d. A height of 30 feet (25 feet if located within the Hillside Overlay Zone) or the height limitation in the applicable zoning district, whichever is lower, for an ADU that is attached to a primary dwelling. The attached ADU may not exceed two stories. i. All detached ADUs shall be limited to one story in height and shall not be constructed above detached garages or detached accessory structures except for accessory dwelling units created entirely within an existing legal two-story detached accessory structure. ii. The maximum allowed building height for a detached ADU is 16 feet, as measured from highest adjacent existing grade to the top of the highest roof ridge and shall comply with the maximum allowed plate height requirements in subsections H.6.a.iii. and iv. iii. The maximum allowed plate height is nine feet, as measured from finished floor to the top of plate. The plate height may exceed nine feet, up to a maximum of 10 feet above finished floor, if the ADU is set back at least four feet from the side and rear property lines. Where the slope on a lot between the front and rear of the structure varies by more than two feet, the plate height shall be measured from average adjacent existing grade. iv. For detached ADUs containing a single slope, one side of the structure shall be allowed to have a plate height greater than nine feet; the plate height of walls closest to and parallel with side and rear property lines shall not exceed nine feet in height (or 10 feet in height if ADU is set back four feet from side and rear property lines). b. Attached ADUs. Attached ADUs may be constructed on the first or second floor of an existing or proposed single-unit dwelling and shall be subject to the height requirements of the applicable zoning district in which it is located. If located within the Hillside Overlay Zone, attached ADUs shall not exceed 16 feet in height as measured from average adjacent grade around the single-unit dwelling. 7. Kitchen. The ADU shall contain a kitchen satisfying the following criteria: 16 a. Contains a sink and cooking facility (permanent stove and/or oven); b. Contains a refrigerator with separate doors for the refrigerator and freezer compartments; and c. Contains a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the accessory dwelling unit. 5.8. Entrance. An ADU shall have a separate exterior entrance from the main entrance to the existing or proposed single-unit dwelling. For an ADU located entirely on a second story, this shall require a separate interior or exterior stairway. The entrance to the ADU shallshould not face the same public street as the entrance to the single-unit dwelling, if feasible.unless it is the only location determined to comply with applicable building and fire codes. A passageway from the ADU to a public street may be created but is not required. 9. Windows and Skylights. Windows and glazed openings shall be located at least three feet from any property line. Skylights shall be allowed on sloping roofs facing interior yards, on sloping roofs facing side yards as long as the skylight is located at least 10 feet from property line, and on flat roofs. The placement of windows and skylights in ADUs shall comply with all applicable building and fire codes. 10. Balconies/Decks. Balconies, second story decks, and rooftop terraces are prohibited for all ADUs. A green roof shall not be considered a balcony, second story deck, or rooftop terrace. 11. Interior Connection. Attached and interior ADUs may, but are not required, to contain an interior doorway connection between the single-unit dwelling and ADU. 12. Permanent Foundations. a. All ADUs shall be permanently attached to a permanent foundation. b. A recreational vehicle, commercial coach, trailer, motor home, camper, camping trailer, boat, or similar vehicle shall not be used as an ADU. 13. Existing ADUs Built Before January 1, 1954. For existing ADUs built before January 1, 1954 the following additional criteria shall be met: a. The ADU shall conform to the requirements of the California Health and Safety Code Section 17920.3, and the Uniform Housing Code as adopted by Section 17922; and b. Improvements may be made to the ADU so long as it conforms to the requirements of this chapter and corrects any violation of Health and Safety Code Section 17920.3 and the Uniform Housing Code. I.G. Development Standards for Junior Accessory Dwelling Units. A junior accessory dwelling unit shall be constructed only in accordance with the following development standards: 17 1. Location. The JADU may only be located within the walls of an existing or proposed single- unit dwelling. The JADU must have side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes. 2. Number. Only one JADU shall be permitted per lot which contains an existing or proposed single-unit dwelling. A JADU may be allowed in conjunction with one detached ADU on the same lot as long as the ADU does not exceed 850 square feet. 3. Minimum Size. No JADU shall be smaller than the size required to allow an efficiency unit pursuant to Health and Safety Code Section 17958.1. 4.1. Maximum Size. The JADU shall not exceed 500 square feet in area. JADUs shall be exempt from floor area and lot coverage requirements when it is part of an existing single-unit dwelling. An expansion limited to 150 square foot beyond the physical dimensions of the existing single-unit dwelling is permitted strictly to accommodate ingress and egress to the JADU; this additional square footage shall be exempt from lot coverage and floor area ratio requirements. The side and rear setback requirements for the single-unit dwelling may be reduced to no less than four feet to accommodate an exterior stair and landing that provide required access to the JADU if it is located on the second story. 5.2. Kitchen. The JADU shall contain an efficiency kitchen satisfying the following the criteria: a. Contains a sink and cooking facility with appliances (e.g., microwave, toaster oven or hot plate). b. Contains a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU. 6.3. Bathroom. The JADU may have a separate bathroom or may share a bathroom with the single-unit dwelling. The bathroom shall contain a sink, toilet, and shower or tub. If the bathroom is shared, there must be a connecting door between the JADU andan interior entry to the main living area of the single-unit dwelling. 7.4. Entrance. The JADU shall have a separate exterior entrance from the main entrance to the existing or proposed single-unit dwelling. The entrance to the JADU shall not face the same public street as the entrance to the primary dwelling, unless it is the only location determined to comply with applicable building and fire codes. A passageway from the ADU to a public street may be created but shall not be required. 8.5. A JADU is not considered a separate or new dwelling for purposes of fire safety or life safety. J. Accessory Dwelling Units on Multi-Unit Residential Properties. The following requirements and restrictions apply to creation of ADUs on multi-unit residential properties: 1. For the purposes of this section, the term “multi-unit dwelling structure” means two or more residential units contained within one or more buildings on the same lot. 2. Conversion. A minimum of one and up to 25 percent of the existing dwelling units within a multi-unit dwelling structure may be created within existing non-livable space(s), including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, provided that the dwellings comply with building and fire codes. An ADU shall not be created within any portion of the habitable area of an existing dwelling unit in a multi-unit 18 structure. When calculating the number of allowed ADUs based on the percentage of existing multi-unit units, round down to the nearest integer. 3. New Detached ADUs. In addition to ADUs allowed by subsection J.2, up to two new detached accessory dwelling units may be allowed provided that the height does not exceed 16 feet and that minimum four-foot side and rear yard setbacks are maintained. These ADUs shall be subject to the standards, requirements, and restrictions of this chapter. 4. There shall be a minimum four-foot separation between a detached ADU and any other structure on the lot, as measured between the exterior walls of the structures. K. Design. The design of accessory dwelling units shall conform with the following standards: 1. Accessory Dwelling Units – Conversions. a. Accessory dwelling units contained within the existing space of an attached garage shall include removal of vehicle garage doors which shall be replaced with architectural features the same as those of the primary dwelling unit, including the same wall cladding, window type, and trim that remove any appearance that the structure was originally a garage. This wall shall contain at least one window that is consistent in size and type with other existing windows on the same building façade. b. An existing detached garage that is converted to an accessory dwelling unit shall include removal of the vehicle garage door(s). L.H. Parking. 1. Unless otherwise provided in this section, one off -street parking space shall be provided for the ADU in addition to the off-street parking spaces required for the single-unit dwelling or multi-unit residential structure. All parking shall be provided on a hard, all-weather surface. 2. The parking space may be provided in setback areas or as tandem parking unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions. 3. No parking shall be required for an ADU in any of the following instances: a. The ADU is located within one-half mile walking distance of public transit. For the purposes of this section only, public transit is defined as a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. b. The ADU is located within an architecturally and historically significant historic district. c. The ADU is part of the proposed or existing primary residence or an existing accessory structure. c.d. When on-street parking permits are required but not offered to the occupant of the ADU. 19 e. When there is an established car share vehicle stop located within one block of the ADU. d.f. When a permit application for an ADU is submitted with an application for a new single-unit dwelling or a new multi-unit dwelling on the same lot and meets one of the other requirements listed in subsections (a)-(e) above. 4. No parking shall be required for a JADU and any parking displaced by its construction, including conversion of all or part of an existing attached garage, are not required to be replaced. 5. When a garage, carport, or covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced. M.I. Utilities and Impact Fees. 1. No ADU or JADU shall be permitted if it is determined that there is not adequate water or sewer service to the property, as determined by the City. 2. Except as provided in subsection M.3I.3, an ADU may be required to have a new or separate utility connection, including a separate sewer lateral, between the ADU and the utility. A connection fee or capacity charge may be charged that is proportionate to the size in square feet of the ADU or its drainage fixture unit (DFU) values. Separate electric and water meters shall be required for the ADU. 3. The following ADUs shall be exempt from any requirement to install a new or separate utility connection and to pay any associated connection or capacity fees or charges: a. Junior accessory dwelling units. b. Standard ADUs converted from interior space or if added onto an existing single- unit dwellingof an existing single unit dwelling or existing accessory structure, , unless the unit is constructed within a new single-unit dwelling.home. 4. Impact Fees. a. No impact fees may be imposed on ADUs that are less than 750 square feet in size. For purposes of this section, “impact fees” include the fees specified in Sections 66000 and 66477 of the Government Code, but do not include utility connection fees or capacity charges. b. For ADUs that have a floor area of 750 square feet or more, impact fees shall be charged proportionately in relation to the square footage of the primary dwelling unit. N.J. Delay of Enforcement of Building Standard. 1. Prior to January 1, 2030, when the Chief Building Official provides a notice to correct a violation of any building standard, the Chief Building Official shall include in that notice a statement that the owner of the ADU has a right to request a delay in enforcement the owner of an if the ADU that was built prior to adoption of the ordinance codified in this chapterJanuary 1, 2020 or built when the City had a noncompliant ADU ordinance. The owner of the ADU, may submit a written request to the Chief Building Official requesting 20 that correction of any violation of building standards be delayed for five years. For purposes of this section, “building standards” refers to those standards enforced by local agencies under the authority of Section 17960 of the California Health and Safety Code. 2. The Chief Building Official will grant the application if the Chief Building Official determines that enforcement of the building standard is not necessary to protect health and safety. In making this determination, the Chief Building Official will consult with the Fire Marshal. 3. No applications pursuant to this section shall be approved on or after January 1, 2030. However, any delay that was approved by the City before January 1, 2030, shall be valid for the full term of the delay that was approved at the time of the approval of the application. 4. Until January 1, 2030, any notice to correct a violation of building standard that is issued to the owner of an ADU built prior to adoption of the ordinance codified in this chapter, shall include a statement that the owner has a right to request a delay in enforcement of the building standard for an ADU pursuant to this Section. K. Unpermitted ADUs and JADUs 1. Notwithstanding any other law, and except as otherwise provided in subsection 2. below, the City shall not deny a permit for an unpermitted ADU or unpermitted JADU that was constructed before January 1, 2020, due to either of the following: a. The ADU or JADU is in violation of building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code. b. The ADU or JADU does not comply with Government Code Sections 66310-66341 or this Chapter. 2. Notwithstanding subsection 1. above, the City may deny a permit for an ADU or JADU subject to subsection 1. if the City makes a finding that correcting the violation is necessary to comply with the standards specified in Health and Safety Code Section 17920.3. 3. A homeowner applying for a permit for a previously unpermitted ADU or JADU constructed before January 1, 2020, shall not be required to pay impact fees or connection or capacity charges except when utility infrastructure is required to comply with Health and Safety Code Section 17920.3 and when the fee is authorized by subsection I. 4. Subject to subsection 3. above, upon receiving an application to permit a previously unpermitted ADU or JADU constructed before January 1, 2020, an inspector from the City may inspect the unit for compliance with health and safety standards and provide recommendations to comply with health and safety standards necessary to obtain a permit. If the inspector finds noncompliance with health and safety standards, the City shall not penalize an applicant for having the unpermitted ADU or JADU and shall approve necessary permits to correct noncompliance with health and safety standards. Section 6. Chapter 25.60 – General Provisions, Section 25.60.020, Ministerial and Administrative Permits and Actions, of Article 6 of Title 25 of the Burlingame Municipal Code is amended as follows: 21 25.60.020 Ministerial and Administrative Permits and Actions. A. Administrative Permits and Actions. Except when combined with legislative actions or other non- administrative actions defined in this article, the Director, also defined in this Zoning Code as the designee of the Director, is the designated Review Authority for the following quasi-judicial permits and actions. The Director, at the Director's sole discretion, may elevate the level of review to a higher Review Authority. 1. Accessory Dwelling Unit Permit. A ministerial permit established for the purpose of providing the Director the authority to review and ensure compliance of accessory dwelling unit applications with all provisions of Section 25.48.030 (Accessory Dwelling Units). 2.1. Administrative Use Permit. An administrative permit providing for the review of certain wireless communications facilities, as identified in Section 25.48.300 (Wireless Communications Facilities). 3.2. Design Review – Minor. An administrative review process providing for review of projects specified in Section 25.68.020.D (Design Review – Minor) for compliance with the provisions of this Zoning Code and with any site plan or architectural design guidelines adopted by the City and as provided in Chapter 25.68 (Design Review). 4.3. Hillside Area Construction Permits. An administrative permit providing for the review of certain development projects in the designated hillside area, as identified in Chapter 25.70 (Hillside Area Construction Permits). 5.4. Home Occupation Permits. An administrative permit authorizing the operation of a specified home-based occupation in a particular location in compliance with the provisions specified in Chapter 25.72 (Home Occupation Permits). 6.5. Minor Modifications. An administrative action, granted in compliance with Chapter 25.74 (Minor Modifications), to allow specified exceptions to specified development standards of this Zoning Code for the purpose of creating flexibility in implementing those standards to accommodate unique design approaches and to recognize unique physical conditions present on individual parcels. 7.6. Minor Use Permits. An administrative permit authorizing the operation of a specific use of land or a structure in a particular location in compliance with the provisions of this Zoning Code and in compliance with procedures specified in Chapter 25.66 (Conditional 22 Use Permits and Minor Use Permits). 8.7. Reasonable Accommodations. An administrative permit authorizing limited modifications to properties to accommodate a person with specified disabilities and physical limitations in compliance with specific criteria and performance standards and in compliance with procedures specified in Chapter 25.76 (Reasonable Accommodations). 9.8. Sign Permits. An administrative permit authorizing a variety of signs, including individual signs for promotional advertising, in compliance with specific provisions and conditions of this Zoning Code and Chapter 25.42 (Signs). Temporary signs may also be approved in conjunction with a temporary use permit issued in compliance with Chapter 25.82 (Temporary Use Permits). 10.9. Temporary Use Permits. An administrative permit authorizing specific limited-term uses in compliance with specified conditions and performance criteria specified in Chapter 25.82 (Temporary Use Permits). 11.10. Zoning Ordinance Interpretations. An administrative interpretation of certain provisions of this Zoning Code to resolve ambiguity in the regulations and to ensure their consistent application in compliance with Chapter 25.02 (Interpretation of the Zoning Code). Table 6-1: Review Authority Type of Action Applicable Code Section Role of Review Authority (1) Director Commission Council Legislative Actions General Plan Amendments 25.96 Review Recommend Decision Specific Plans and Specific Plan Amendments 25.80 Review Recommend Decision Zoning Map Amendments 25.96 Review Recommend (2) Decision Zoning Code Amendments 25.96 Review Recommend (2) Decision Planning Permits and Approvals; Administrative and Ministerial Actions Accessory Dwelling Unit Permit Issue Appeal of Denial only 23 Table 6-1: Review Authority Type of Action Applicable Code Section Role of Review Authority (1) Director Commission Council Administrative Use Permit 25.48.300 Decision Appeal Appeal Conditional Use Permits 25.66 Review Decision Appeal Condominium Permits 26.32.020 Review Decision Appeal Design Review – Major 25.68 Review Decision Appeal Design Review – Minor 25.68 Decision Call for Review Appeal Fence Exceptions 25.74 Review Decision Appeal Hillside Area Construction Permits 25.70 Decision Call for Review Appeal Home Occupation Permits 25.72 Decision Appeal Appeal Interpretations of Zoning Ordinance 25.04 Decision Appeal Appeal Minor Modifications – 2 or fewer 25.74 Decision Call for Review Appeal Minor Modifications – 3 or more and/or requested with another discretionary permit 25.74 Review Decision Appeal Minor Use Permit 25.66 Decision Call for Review Appeal Reasonable Accommodations 25.76 Decision Appeal Appeal Sign Permits 25.42.050 Decision — — Sign Program – Master 25.42.060 Decision Decision Appeal Special Permits 25.78 Review Decision Appeal Temporary Use Permits 25.82 Decision Appeal Appeal Variances 25.84 Review Decision Appeal Section 7: Chapter 25.88 – Permit Implementation, Extensions, Modifications, and Revocations, Section 25.88.020, Effective Dates of Permits, of Article 6 of Title 25 of the Burlingame Municipal Code is amended as follows: 24 25.88.020 Effective Dates of Permits. A. Approvals, Permits, and Variances. 1. An Accessory Dwelling Unit Permit, A Design Review – Minor approval, Hillside Area Construction Permit, Home Occupation Permit, Minor Modification approval, minor use permit, Reasonable Accommodation approval, or temporary use permit shall become effective immediately upon expiration of any appeal period. If an appeal is filed, such permit or approval shall become effective immediately upon the final appeal decision. 2. A Conditional Use Permit, Design Review – Major approval, special permit, or variance shall become effective 10 days following the actual date the decision was rendered by the applicable Review Authority, unless an appeal is filed in compliance with Chapter 25.98 (Appeals) prior to the effective date. If an appeal is filed, such permit or approval shall become effective immediately upon rendering of the final appeal decision. 3. Denial of a request for approval, permit, or variance becomes effective the date of determination. Section 8. Chapter 25.98 – Appeals and Calls for Review, Section 25.98.030, Filing and Processing of Appeals and Calls for Review, of Article 6 of Title 25 of the Burlingame Municipal Code is amended as follows: 25.98.030 Filing and Processing of Appeals and Calls for Review. A. Eligibility. 1. Who May Appeal. An appeal or call for review in compliance with this chapter may be filed by any aggrieved person, except that in the case of a decision on a quasi-judicial permit or action, an appeal may only be filed by a person who, in person or through a representative, appeared at the public hearing in connection with the decision being appealed, or who otherwise informed the City in writing of the nature of his/her concerns before the hearing. 2. Call for Review on Administrative Permits. a. Any person may request a call for review by the Planning Commission for any Director action on an administrative permits for which notice has been given. Such call for review shall be provided in writing and shall be 25 accompanied by payment of any required fee. b. The following permits are subject to a call for review: i. Minor design review; ii. Hillside Area construction permit; iii. Minor modifications – two or fewer; iv. Minor use permit; v. Administrative use permit. 3. Call for Review by Commissioners and Councilmembers. a. Any Commissioner may initiate a call for review of a Director's determination or decision by filing a written request with the Department before the effective date of the action. b. Any Council member may initiate a call for review of a Commission's or Director's determination or decision by filing a written request with the City Clerk before the effective date of the action. c. No fees are required. 4. Limitations on Denial by the Commission. If an application has been denied by the Commission, or if an application or a portion thereof is approved, an appeal may be made by the applicant or any interested person. 5. Accessory Dwelling Unit Permits. A permit for an accessory dwelling unit may only be appealed in the case of a denial. Section 9. Chapter 25.100 – Public Hearings and Notice, Section 25.100.020, Notice of Hearing, of Article 7 of Title 25 of the Burlingame Municipal Code is amended as follows: 25.100.020 Notice of Hearing. B. Method of Notice Distribution. Notice of a public hearing or any noticing requirement required by Article 6 for a planning approval shall be given as follows, as required by Government Code Sections 65090 and 65091. 1. Mailing. Notice shall be mailed or delivered to the following at least 10 days before the scheduled hearing, or for other noticing requirements: 26 a. Project Site Owner(s) and the Applicant. The owner(s) of the property being considered in the application or the owner's authorized agent, and the applicant. b. Local Agencies. Each local agency expected to provide roads, schools, sewage, streets, water, or other essential facilities or services to the property which is the subject of the application, whose ability to provide those facilities and services may be significantly affected. c. Affected Owners. All owners of real property, as shown on the latest adopted tax roll of the County, located within a radius as defined below of the exterior boundaries of the parcel that is the subject of the hearing or noticing requirement pursuant to Article 6 (Permit Processing Procedures). i. 500-Foot Radius Required. (A) All legislative actions pursuant to Table 6-1 (Review Authority); (B) Any commercial, industrial, or institutional development exceeding 10,000 square feet of construction, whether new construction or addition to existing development; (C) Any attached residential development consisting of five or more units; and (D) Any combination of (B) and (C) above. ii. 300-Foot Radius Required. All planning permits and approvals and all administrative and ministerial actions pursuant to Table 6-1, except for those specified in subsections B.1.c.i and iii, and any permits pursuant to subsection B.1.c.iii that are called for review or appealed to the Commission. iii. 100-Foot Radius Required. (A) Administrative use permit; (B) Design review – minor; (C) Minor modifications – two or fewer; (D) Hillside Area construction permits not requiring design review; (E) Master Sign Programs. iv. No Radius Notification Required. Appeals of interpretations of the Zoning Code, accessory dwelling unit permits, home occupation permits, reasonable accommodation approvals, sign permits, and temporary use permits do not require noticing of affected owners. 27 d. Persons Requesting Notice. Any person who has filed a written request for notice with the Director and has paid the required fee for the notice. e. Other Person(s). Any other person(s), whose property might, in the judgment of the Director, be affected by the proposed project. 1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AMENDING BURLINGAME MUNICIPAL CODE CHAPTER 25.40 OF ARTICLE 3; CHAPTER 25.48 OF ARTICLE 4; CHAPTER 25.60 OF ARTICLE 6; CHAPTER 25.88 OF ARTICLE 6; CHAPTER 25.98 OF ARTICLE 6; AND CHAPTER 25.100 OF ARTICLE 7, RELATED TO ACCESSORY DWELLING UNITS; CEQA DETERMINATION: EXEMPT PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15282, 15378, AND 15061(b)(3) WHEREAS, the State of California has enacted legislation to encourage the construction of accessory dwelling units and junior accessory dwelling units in single-unit and multi-unit residential zones, as further defined in this ordinance; and WHEREAS, the State of California has subsequently amended State law to implement various changes regarding regulation of accessory dwelling units and junior accessory dwelling units; and WHEREAS, Government Code Sections 66310-66341 require the City of Burlingame to adopt zoning regulations in compliance with State law regarding accessory dwelling units and junior accessory dwelling units. The proposed amendments to the City’s Zoning Ordinance (Title 25 of the Burlingame Municipal Code) will ensure that the City’s Municipal Code is consistent with adopted State regulations and to help clarify and improve various provisions of the accessory dwelling unit law to promote the development of accessory dwelling units and junior accessory dwelling units; as reflected in the edits to Title 25, Chapters 25.40, 25.48, 25.60, 25.88, 25.98, and 25.100 of the Burlingame Municipal Code; and WHEREAS, this Ordinance was considered by the Planning Commission of the City of Burlingame on November 25, 2024, at which time it reviewed and considered the staff report and all other written materials and testimony presented and recommended to the City Council that it adopt amendments to Title 25 (Zoning Code) of the Burlingame Municipal Code to amend Chapters 25.40, 25.48, 25.60, 25.88, 25.98, and 25.100 to update existing accessory dwelling unit regulations to be consistent with adopted amendments to California Government Code Sections 66310-66341; and WHEREAS, the City Council wishes to amending Title 25 – (Zoning Code) of the Burlingame Municipal Code, Chapters 25.40, 25.48, 25.60, 25.88, 25.98, and 25.100 to update existing accessory dwelling unit regulations to be consistent with adopted amendments to California Government Code Sections 66310-66341. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME ORDAINS AS FOLLOWS: 2 Section 1. The recitals set forth above are true and correct, and are hereby incorporated herein by this reference as if fully set forth in their entirety. Section 2. The City Council finds this Ordinance is in the public interest. Section 3. The City Council find this Ordinance to be Statutorily Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15282(h) which exempts the adoption of an ordinance regarding accessory dwelling units in a single-family or multifamily residential zone by a city or county to implement the provisions of Sections 66310- 66341 of the Government Code as set forth in Section 21080.17 of the Public Resources Code. In addition, the proposed Ordinance is exempt from CEQA pursuant to CEQA Guidelines section 15378 because the proposed Ordinance is not a “project” within the definition of CEQA. Furthermore the proposed Ordinance is exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3) because the proposed Ordinance can be seen with certainty to have no possibility of a significant effect on the environment. Section 4. Chapter 25.40 – Parking Regulations, Section 25.40.030, Required Parking Spaces, of Article 3 of Title 25 of the Burlingame Municipal Code is amended as follows. The following code sections are amended, repealed or deleted as follows with underline text indicating new text and strikeouts (strikeout) indicating deleted text. 25.40.030 Required Parking Spaces. Table 25.40-1: Parking Requirements by Use Type of Land Use Number of Off-Street Parking Spaces Required Residential Uses Dwellings Accessory Dwelling Units Per Section 25.48.030.H. (Parking) Single-Unit Dwelling See Section 25.40.030.B. Two-Unit and Multi-Unit Dwellings All zoning districts except Downtown Specific Plan, BRMU, RRMU, NBMU, and R-4 1 space for studio units 1.5 spaces for one-bedroom units 2 spaces for two-or more bedroom units 0.5 spaces per unit for housing occupied exclusively by persons aged 62 or older 0.75 spaces for micro units Guest parking: 1 additional guest parking space shall be provided for every 4 units for projects greater than 10 units 3 Downtown Specific Plan zoning districts, BRMU, RRMU, NBMU, and R-4 1 space for studio or one- bedroom units 1.5 spaces for two-bedroom units 2 spaces for three-or more bedroom units 0.75 spaces for micro units No additional guest parking spaces are required All 80 percent of the total required parking spaces shall be covered or within a garage or carport. Caretaker Quarters 1 space per dwelling 4 Section 5. Chapter 25.48 – Standards for Specific Land Uses and Activities, Section 25.48.030, Accessory Dwelling Units, of Article 4 of Title 25 of the Burlingame Municipal Code is amended as follows: 25.48.030 Accessory Dwelling Units. A. Purpose and Applicability. 1. The purpose of this chapter is to regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code Sections 66310 through 66341. This chapter is intended to implement the Housing Element of the Burlingame General Plan by providing for additional housing opportunities. This will be accomplished by increasing the number of units available within existing neighborhoods while maintaining the primarily single-unit and multi-unit residential character of the area, and establishing standards for the development and occupancy of accessory dwelling units and junior accessory dwelling units to ensure that they are compatible with neighboring uses and structures, adequately equipped with public utility services, safe for human occupancy, and do not create unreasonable traffic and safety impacts. 2. In cases of conflict between this chapter and any other provision of this title, the provisions of this chapter shall prevail. To the extent that any provision of this chapter is in conflict with State law, the applicable provision of State law shall control, but all other provisions of this chapter shall remain in full force and effect. 3. An ADU or JADU which conforms to the requirements of this chapter shall not be considered to exceed the allowable density for the lot upon which it is located and shall be deemed to be a residential use which is consistent with the existing General Plan and zoning designations for the lot. B. Definitions. The following terms shall have the following meanings for this chapter only and shall supersede the terms defined by Chapter 25.106 (Land Use Definitions): 1. “Accessory dwelling unit” or “ADU” means an attached, detached, or interior residential dwelling unit ancillary to a primary dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single- unit or multi-unit dwelling is or will be situated. An accessory dwelling unit also includes an efficiency unit, as defined in Section 17958.1 of the Health and Safety Code, and a manufactured home, as defined in Section 18007 of the Health and Safety Code. This chapter recognizes three types of accessory dwelling units as defined below. Where a proposed accessory dwelling unit does not clearly fall into 5 one of the defined types, the Director shall make a determination pursuant to Chapter 25.04 (Interpretation of the Zoning Ordinance). a. “Attached accessory dwelling unit” or “Attached ADU” means an accessory dwelling unit that is constructed as a physical expansion (i.e., addition) of an existing or proposed primary dwelling unit, including construction of a new basement underneath a primary dwelling unit to accommodate an accessory dwelling unit. b. “Detached accessory dwelling unit” or “Detached ADU” means an accessory dwelling unit that is constructed as a separate structure from the existing or proposed primary dwelling unit; or contained within the existing space of an accessory structure (as defined herein), including construction of a new basement underneath an accessory structure to accommodate an accessory dwelling unit. c. “Interior accessory dwelling unit” or “Interior ADU” means an accessory dwelling unit that is contained within the space of an existing or proposed primary dwelling unit, including within its living area, basement, or attached garage; or created from non-livable space of a multi-unit dwelling. 2. “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot. 3. “Efficiency kitchen” means a kitchen that includes each of the following: a. A sink and cooking facility with appliances (e.g., microwave, toaster oven or hot plate). b. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit. 4. “Junior accessory dwelling unit” or “JADU” means a residential dwelling unit that: a. Is no more than 500 square feet in size; b. Is contained entirely within an existing or proposed single-unit dwelling; enclosed spaces within an existing or proposed single-unit dwelling, such as attached garages, are considered a part of the single-unit dwelling; ORDINANCE NO. 6 c. Includes its own separate sanitation facilities (bathroom containing a sink, toilet, and shower or tub), or may share sanitation facilities with the existing or proposed single-unit structure; JADUs without a separate bathroom shall include a separate entrance from the main entrance to the single-unit dwelling, with an interior entry to the main living area of the single-unit dwelling; and d. Includes an efficiency kitchen, as defined in subsection B.3 above. 5. “Kitchen” means a kitchen that includes each of the following: a. A sink and cooking facility (permanent stove and/or oven); b. A refrigerator with separate doors for the refrigerator and freezer compartments; and c. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the accessory dwelling unit. 6. ‘Livable space’ means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation. 7. “Living area” means the interior habitable floor area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. 8. “Multi-unit dwelling” means two or more attached primary residential units contained on the same lot. Multiple detached single-unit dwellings on the same lot are not considered multi-unit dwellings for the purposes of this chapter. 9. “Nonconforming zoning conditions” means a physical improvement on a property that does not conform with current zoning standards. 10. “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to the entrance of an accessory dwelling unit or junior accessory dwelling unit. 11. “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. ORDINANCE NO. 7 12. “Tandem parking” means a parking configuration where two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. C. Applications and Processing. 1. An applicant shall submit a permit application for an ADU or JADU to the Building Division which shall be considered by the Building Division ministerially and without discretionary review or public hearing. 2. Within 60 days of receipt of a complete application, the Building Division shall ministerially approve or deny any permit application for an ADU or JADU if there is an existing single-unit dwelling or multi-unit dwelling on the lot. Incomplete applications will be returned by the Building Division to the applicant and will include in writing a full set of comments with a list of items that are defective or deficient and how the application can be remedied by the applicant. If the Building Division has not approved or denied the completed application for the ADU or JADU within such 60-day period, the application shall be deemed approved. Upon finding that the ADU or JADU meets the requirements of this chapter, the application shall be approved. All ADU and JADU applications are categorically exempt from CEQA pursuant to Sections 15301 and 15303 of the CEQA guidelines. 3. If a permit application for an attached ADU or JADU is submitted with an application for an addition to an existing single-unit or multi-unit dwelling or construction of a new single-unit or multi-unit dwelling that is subject to design review or other discretionary permit for the same parcel, the permit application for the ADU or JADU shall not be acted upon until the application for design review or other discretionary permit is approved or denied. Following the approval for design review or other discretionary permit for the single-unit or multi-unit dwelling, the complete permit application for the ADU or JADU will be ministerially processed within 60 days and approved if it meets the requirements of this chapter. 4. If the applicant requests a delay, the 60-day time period for approval shall be tolled for the period of the delay. D. Minimum Standards of Eligibility. ORDINANCE NO. 8 1. No minimum lot area is required for creation of an ADU or JADU. 2. An ADU or JADU shall only be allowed on a parcel which has been legally created in compliance with the Subdivision Map Act and Title 26 (Subdivisions), and where the ADU or JADU is developed with an existing or proposed single- unit dwelling, except for ADUs constructed on multi-unit residential properties pursuant to subsection E.9. 3. ADUs may only be permitted in districts zoned to allow single-unit dwelling or multi-unit dwelling residential uses as a permitted use. ADUs are also permitted on any parcel that has a current and valid nonconforming single-unit or multi-unit residential use, so long as the ADU complies with all other portions of this chapter. 4. JADUs may only be permitted in districts zoned to allow a single-unit dwelling residential use as a permitted use. JADUs are also permitted on any parcel that has a current and valid nonconforming single-unit residential use, so long as the JADU complies with all other portions of this chapter. E. General Requirements and Restrictions. The following requirements and restrictions apply to all existing and new ADUs and JADUs, as applicable: 1. ADUs and JADUs shall comply with all applicable provisions of this title and all applicable building, health and fire codes. However, ADUs shall not be required to provide fire sprinklers unless required for the primary single-unit dwelling or multi-unit dwelling structure. 2. All development standards contained in the underlying zoning district, including those in Article 2, shall apply to ADUs and JADUs unless they are inconsistent with the provisions of this chapter, in which case the development standards of this chapter shall apply. 3. Accessory Dwelling Units. a. ADUs may be rented separately from the single-unit dwelling or multi-unit dwelling structure but may not be sold or otherwise conveyed separately from the other dwellings on the lot, except the ADU and single-unit dwelling may be owned by multiple owners as tenants in common if the single-unit dwelling and ADU were developed by a qualified nonprofit, as ORDINANCE NO. 9 that term is defined in Government Code Section 66340, and if all of the provisions of Government Code Section 66341 are met. b. ADUs may not be rented for fewer than 30 consecutive calendar days. c. ADUs are not subject to any owner-occupancy requirement. d. Interior Connection. Attached and interior ADUs may, but are not required, to contain an interior doorway connection between the single-unit dwelling and ADU. e. Permanent Foundations. i. All ADUs shall be permanently attached to a permanent foundation. ii. A recreational vehicle, commercial coach, trailer, motor home, camper, camping trailer, boat, or similar vehicle shall not be used as an ADU. f. Balconies/Decks. Balconies, second story decks, and rooftop terraces are prohibited, except for required landings sized to meet minimum requirements to allow ingress and egress. 4. Junior Accessory Dwelling Units. a. JADUs may be rented separately from the single-unit dwelling but may not be sold or otherwise conveyed separately from the single-unit dwelling on the lot. b. JADUs are subject to an owner-occupancy requirement. A person with legal or equitable title to the property shall reside on the property in either the primary dwelling or JADU as that person’s legal domicile and permanent residence. However, the owner-occupancy requirement of this paragraph does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization. 5. If an ADU or JADU which was created within a single-unit dwelling, accessory structure or multi-unit dwelling structure is required to be removed or is ORDINANCE NO. 10 voluntarily removed, the kitchen facility shall be removed from the space that is no longer an ADU or JADU and, unless permitted for a different use, the space shall be converted back to its original use. If an ADU was newly constructed: a. The space or structure shall be entirely removed; or b. The kitchen facility shall be removed and the space shall be converted to a permitted use allowed within the underlying zoning district; or c. The kitchen facility shall be removed and the applicant shall obtain the appropriate land use permit for the proposed use within the space. 6. Certificate of Occupancy. A certificate of occupancy for an ADU or JADU shall not be issued before a certificate of occupancy is issued for the primary dwelling unit. 7. Deed Restriction. Prior to issuance of a building permit for a JADU, a deed restriction must be recorded against the title of the property in the County Recorder’s office and a copy filed with the Community Development Department. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that: a. The JADU shall not be sold separately from the primary dwelling. b. The JADU is restricted to the approved size and to other attributes allowed by this section. c. The deed restriction runs with the land and may be enforced against future property owners. d. The deed restriction may be removed if the owner eliminates the JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the City, providing evidence that the JADU has in fact been eliminated. The City may then determine whether the evidence supports the claim that the JADU has been eliminated. If the JADU is not entirely physically removed but is only eliminated by virtue of having a necessary component of a JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code. ORDINANCE NO. 11 e. The deed restriction is enforceable by the Director or his or her designee for the benefit of the City. Failure of this property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the JADU in violation of the recorded restrictions or abatement of the illegal unit. 8. Single-Unit Dwellings. The following may be permitted on a parcel with an existing or proposed single-unit dwelling: a. JADUs. One JADU that meets the standards in subsection G. JADUs are only permitted on a parcel with no more than one existing or proposed single-unit dwelling. b. ADUs. Any one of the following may be permitted on a parcel with an existing or proposed single-unit dwelling: i. One new construction attached or detached ADU that meets the standards in subsection F. ii. Statewide Exemption ADUs as permitted under subsection E.10.a.- b. 9. Multi-Unit Dwellings. Any one of the following may be permitted on a parcel with an existing or proposed multi-unit dwelling: a. One attached, detached, or interior ADU that meets the standards in subsection F. b. Statewide Exemption ADUs as permitted under subsection E.10.c.-d. 10. Statewide Exemption ADUs. If an ADU or JADU does not exist or is not proposed pursuant to subsection E.8. or E.9. above, any of the following will be ministerially permitted on a parcel and is not subject to subsection F. below. a. One ADU and one JADU per parcel with a proposed or existing single-unit dwelling if all of the following apply: ORDINANCE NO. 12 i. The ADU or JADU is within the proposed space of a single-unit dwelling or existing space of a single-unit dwelling or the ADU is within the existing accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. ii. The space has exterior access from the proposed or existing single-unit dwelling. iii. The side and rear setbacks are sufficient for fire and safety. iv. The JADU complies with the requirements of subsection G. b. One detached, new construction ADU that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-unit dwelling, does not exceed 800 square feet in floor area, and does not exceed the allowed height in subsection F.4. The ADU may be combined with a JADU that meets the standards as described in subsection G. c. Multiple ADUs within the portions of a multi-unit dwelling that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, provided that the dwellings comply with building and fire code standards for dwellings. The number of ADUs permitted is equivalent to up to 25 percent of the number of existing, legally permitted units in the multi-unit dwelling, or one, whichever is greater. When calculating the number of allowed ADUs based on the percentage of existing multi-units, round down to the nearest integer. d. In addition to ADUs allowed by subsection 10.c. above, up to eight detached ADUs, or as many detached ADUs as there are primary dwelling units on the lot, whichever is less, may be allowed on lots with an existing multi-unit dwelling. These allowed units may be converted from existing detached garages on the site. On lots with a proposed multi-unit dwelling, up to two detached ADUs may be allowed. The ADUs must not exceed the allowed height in subsection F.5. and must have a minimum rear and side setbacks of four feet. If the existing multi-unit dwelling has a rear or ORDINANCE NO. 13 side setback of less than four feet, the existing multi-unit dwelling will not be required to be modified to meet this setback. F. Development Standards for Accessory Dwelling Units. An ADU shall be constructed only in accordance with the following development standards: 1. Maximum Size. The maximum floor area for an attached or detached ADU shall be 1,000 square feet. 2. Floor Area Ratio and Lot Coverage. An attached or detached ADU measuring no more than 800 square feet in size shall be exempt from floor area ratio and lot coverage requirements (includes floor area located in basements or lower level areas). For attached or detached ADUs measuring greater than 800 square feet, the entire ADU shall be counted and shall comply with floor area ratio and lot coverage regulations. 3. Setbacks. ADUs shall conform to the following setback standards: a. No front setback shall be applied that would preclude the development of an 800 square foot ADU with at least four (4) foot side and rear setbacks. ADUs exceeding 800 square feet shall comply with minimum front setback requirements. b. A setback of at least four feet is required from the side and rear property lines; however, no setbacks shall be required under the following circumstances: i. Existing livable space or an existing accessory structure that is converted, in whole or in part, to an ADU; and ii. The detached ADU is constructed in the same location and to the same dimensions as an existing detached structure (with no expansion) that is demolished solely for the purpose of constructing the ADU. 4. Maximum Height Limits. ADUs shall be subject to the following height limits which shall be measured from highest adjacent grade: ORDINANCE NO. 14 a. A height of 16 feet for a detached ADU on a lot with an existing or proposed single-unit or multi-unit dwelling. b. A height of 18 feet for a detached ADU on a lot with an existing or proposed single-unit or multi-unit dwelling unit that is within one-half mile distance of a major transit stop or a high-quality transit corridor, as defined in California Public Resource Code Section 21155. An additional two feet in height shall be allowed to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit. c. A height of 18 feet for a detached ADU on a lot with an existing or proposed multi-unit, multi-story dwelling. d. A height of 30 feet (25 feet if located within the Hillside Overlay Zone) or the height limitation in the applicable zoning district, whichever is lower, for an ADU that is attached to a primary dwelling. The attached ADU may not exceed two stories. 5. Entrance. The entrance to the ADU should not face the same public street as the entrance to the single-unit dwelling, if feasible. G. Development Standards for Junior Accessory Dwelling Units. A junior accessory dwelling unit shall be constructed only in accordance with the following development standards: ORDINANCE NO. 15 1. Maximum Size. The JADU shall not exceed 500 square feet in area. JADUs shall be exempt from floor area and lot coverage requirements when it is part of an existing single-unit dwelling. 2. Kitchen. The JADU shall contain an efficiency kitchen satisfying the following the criteria: a. Contains a sink and cooking facility with appliances (e.g., microwave, toaster oven or hot plate). b. Contains a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU. 3. Bathroom. The JADU may have a separate bathroom or may share a bathroom with the single-unit dwelling. The bathroom shall contain a sink, toilet, and shower or tub. If the bathroom is shared, there must be an interior entry to the main living area of the single-unit dwelling. 4. Entrance. The JADU shall have a separate exterior entrance from the main entrance to the existing or proposed single-unit dwelling. A passageway from the ADU to a public street may be created but shall not be required. 5. A JADU is not considered a separate or new dwelling for purposes of fire safety or life safety. H. Parking. 1. Unless otherwise provided in this section, one off-street parking space shall be provided for the ADU in addition to the off-street parking spaces required for the single-unit dwelling or multi-unit residential structure. All parking shall be provided on a hard, all-weather surface. 2. The parking space may be provided in setback areas or as tandem parking unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions. 3. No parking shall be required for an ADU in any of the following instances: a. The ADU is located within one-half mile distance of public transit. For the purposes of this section only, public transit is defined as a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. ORDINANCE NO. 16 b. The ADU is located within an architecturally and historically significant historic district. c. The ADU is part of the proposed or existing primary residence or an existing accessory structure. d. When on-street parking permits are required but not offered to the occupant of the ADU. e. When there is an established car share vehicle stop located within one block of the ADU. f. When a permit application for an ADU is submitted with an application for a new single-unit dwelling or a new multi-unit dwelling on the same lot and meets one of the other requirements listed in subsections (a)-(e) above. 4. No parking shall be required for a JADU and any parking displaced by its construction, including conversion of all or part of an existing attached garage, are not required to be replaced. 5. When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced. I. Utilities and Impact Fees. 1. No ADU or JADU shall be permitted if it is determined that there is not adequate water or sewer service to the property, as determined by the City. 2. Except as provided in subsection I.3, an ADU may be required to have a new or separate utility connection, including a separate sewer lateral, between the ADU and the utility. A connection fee or capacity charge may be charged that is proportionate to the size in square feet of the ADU or its drainage fixture unit (DFU) values. Separate electric and water meters shall be required for the ADU. 3. The following ADUs shall be exempt from any requirement to install a new or separate utility connection and to pay any associated connection or capacity fees or charges: a. Junior accessory dwelling units. b. ADUs converted from interior space of an existing single unit dwelling or existing accessory structure, unless the unit is constructed within a new single-unit dwelling. 4. Impact Fees. a. No impact fees may be imposed on ADUs that are less than 750 square feet in size. For purposes of this section, “impact fees” include the fees ORDINANCE NO. 17 specified in Sections 66000 and 66477 of the Government Code, but do not include utility connection fees or capacity charges. b. For ADUs that have a floor area of 750 square feet or more, impact fees shall be charged proportionately in relation to the square footage of the primary dwelling unit. J. Delay of Enforcement of Building Standard. 1. Prior to January 1, 2030 when the Chief Building Official provides a notice to correct a violation of any building standard, the Chief Building Official shall include in that notice a statement that the owner of the ADU has a right to request a delay in enforcement if the ADU that was built prior to January 1, 2020 or built when the City had a noncompliant ADU ordinance. The owner of the ADU may submit a written request to the Chief Building Official requesting that correction of any violation of building standards be delayed for five years. For purposes of this section, “building standards” refers to those standards enforced by local agencies under the authority of Section 17960 of the California Health and Safety Code. 2. The Chief Building Official will grant the application if the Chief Building Official determines that enforcement of the building standard is not necessary to protect health and safety. In making this determination, the Chief Building Official will consult with the Fire Marshal. 3. No applications pursuant to this section shall be approved on or after January 1, 2030. However, any delay that was approved by the City before January 1, 2030, shall be valid for the full term of the delay that was approved at the time of the approval of the application. 4. Until January 1, 2030, any notice to correct a violation of building standard that is issued to the owner of an ADU built prior to adoption of the ordinance codified in this chapter, shall include a statement that the owner has a right to request a delay in enforcement of the building standard for an ADU pursuant to this Section. K. Unpermitted ADUs and JADUs 1. Notwithstanding any other law, and except as otherwise provided in subsection 2. below, the City shall not deny a permit for an unpermitted ADU or unpermitted JADU that was constructed before January 1, 2020, due to either of the following: a. The ADU or JADU is in violation of building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code. ORDINANCE NO. 18 b. The ADU or JADU does not comply with Government Code Sections 66310-66341 or this Chapter. 2. Notwithstanding subsection 1. above, the City may deny a permit for an ADU or JADU subject to subsection 1. if the City makes a finding that correcting the violation is necessary to comply with the standards specified in Health and Safety Code Section 17920.3. 3. A homeowner applying for a permit for a previously unpermitted ADU or JADU constructed before January 1, 2020, shall not be required to pay impact fees or connection or capacity charges except when utility infrastructure is required to comply with Health and Safety Code Section 17920.3 and when the fee is authorized by subsection I. 4. Subject to subsection 3. above, upon receiving an application to permit a previously unpermitted ADU or JADU constructed before January 1, 2020, an inspector from the City may inspect the unit for compliance with health and safety standards and provide recommendations to comply with health and safety standards necessary to obtain a permit. If the inspector finds noncompliance with health and safety standards, the City shall not penalize an applicant for having the unpermitted ADU or JADU and shall approve necessary permits to correct noncompliance with health and safety standards. Section 6. Chapter 25.60 – General Provisions, Section 25.60.020, Ministerial and Administrative Permits and Actions, of Article 6 of Title 25 of the Burlingame Municipal Code is amended as follows: 25.60.020 Ministerial and Administrative Permits and Actions. A. Administrative Permits and Actions. Except when combined with legislative actions or other non-administrative actions defined in this article, the Director, also defined in this Zoning Code as the designee of the Director, is the designated Review Authority for the following quasi-judicial permits and actions. The Director, at the Director's sole discretion, may elevate the level of review to a higher Review Authority. 1. Administrative Use Permit. An administrative permit providing for the review of certain wireless communications facilities, as identified in Section 25.48.300 (Wireless Communications Facilities). 2. Design Review – Minor. An administrative review process providing for review of projects specified in Section 25.68.020.D (Design Review – Minor) for compliance with the provisions of this Zoning Code and with any site plan or architectural ORDINANCE NO. 19 design guidelines adopted by the City and as provided in Chapter 25.68 (Design Review). 3. Hillside Area Construction Permits. An administrative permit providing for the review of certain development projects in the designated hillside area, as identified in Chapter 25.70 (Hillside Area Construction Permits). 4. Home Occupation Permits. An administrative permit authorizing the operation of a specified home-based occupation in a particular location in compliance with the provisions specified in Chapter 25.72 (Home Occupation Permits). 5. Minor Modifications. An administrative action, granted in compliance with Chapter 25.74 (Minor Modifications), to allow specified exceptions to specified development standards of this Zoning Code for the purpose of creating flexibility in implementing those standards to accommodate unique design approaches and to recognize unique physical conditions present on individual parcels. 6. Minor Use Permits. An administrative permit authorizing the operation of a specific use of land or a structure in a particular location in compliance with the provisions of this Zoning Code and in compliance with procedures specified in Chapter 25.66 (Conditional Use Permits and Minor Use Permits). 7. Reasonable Accommodations. An administrative permit authorizing limited modifications to properties to accommodate a person with specified disabilities and physical limitations in compliance with specific criteria and performance standards and in compliance with procedures specified in Chapter 25.76 (Reasonable Accommodations). 8. Sign Permits. An administrative permit authorizing a variety of signs, including individual signs for promotional advertising, in compliance with specific provisions and conditions of this Zoning Code and Chapter 25.42 (Signs). Temporary signs may also be approved in conjunction with a temporary use permit issued in compliance with Chapter 25.82 (Temporary Use Permits). 9. Temporary Use Permits. An administrative permit authorizing specific limited- term uses in compliance with specified conditions and performance criteria specified in Chapter 25.82 (Temporary Use Permits). 10. Zoning Ordinance Interpretations. An administrative interpretation of certain provisions of this Zoning Code to resolve ambiguity in the regulations and to ensure their consistent application in compliance with Chapter 25.02 ORDINANCE NO. 20 (Interpretation of the Zoning Code). Table 6-1: Review Authority Type of Action Applicable Code Section Role of Review Authority (1) Director Commission Council Legislative Actions General Plan Amendments 25.96 Review Recommend Decision Specific Plans and Specific Plan Amendments 25.80 Review Recommend Decision Zoning Map Amendments 25.96 Review Recommend (2) Decision Zoning Code Amendments 25.96 Review Recommend (2) Decision Planning Permits and Approvals; Administrative and Ministerial Actions Administrative Use Permit 25.48.300 Decision Appeal Appeal Conditional Use Permits 25.66 Review Decision Appeal Condominium Permits 26.32.020 Review Decision Appeal Design Review – Major 25.68 Review Decision Appeal Design Review – Minor 25.68 Decision Call for Review Appeal Fence Exceptions 25.74 Review Decision Appeal Hillside Area Construction Permits 25.70 Decision Call for Review Appeal Home Occupation Permits 25.72 Decision Appeal Appeal Interpretations of Zoning Ordinance 25.04 Decision Appeal Appeal Minor Modifications – 2 or fewer 25.74 Decision Call for Review Appeal Minor Modifications – 3 or more and/or requested with another discretionary permit 25.74 Review Decision Appeal Minor Use Permit 25.66 Decision Call for Review Appeal Reasonable Accommodations 25.76 Decision Appeal Appeal Sign Permits 25.42.050 Decision — — Sign Program – Master 25.42.060 Decision Decision Appeal Special Permits 25.78 Review Decision Appeal Temporary Use Permits 25.82 Decision Appeal Appeal Variances 25.84 Review Decision Appeal ORDINANCE NO. 21 Section 7: Chapter 25.88 – Permit Implementation, Extensions, Modifications, and Revocations, Section 25.88.020, Effective Dates of Permits, of Article 6 of Title 25 of the Burlingame Municipal Code is amended as follows: 25.88.020 Effective Dates of Permits. A. Approvals, Permits, and Variances. 1. A Design Review – Minor approval, Hillside Area Construction Permit, Home Occupation Permit, Minor Modification approval, minor use permit, Reasonable Accommodation approval, or temporary use permit shall become effective immediately upon expiration of any appeal period. If an appeal is filed, such permit or approval shall become effective immediately upon the final appeal decision. 2. A Conditional Use Permit, Design Review – Major approval, special permit, or variance shall become effective 10 days following the actual date the decision was rendered by the applicable Review Authority, unless an appeal is filed in compliance with Chapter 25.98 (Appeals) prior to the effective date. If an appeal is filed, such permit or approval shall become effective immediately upon rendering of the final appeal decision. 3. Denial of a request for approval, permit, or variance becomes effective the date of determination. Section 8. Chapter 25.98 – Appeals and Calls for Review, Section 25.98.030, Filing and Processing of Appeals and Calls for Review, of Article 6 of Title 25 of the Burlingame Municipal Code is amended as follows: 25.98.030 Filing and Processing of Appeals and Calls for Review. A. Eligibility. 1. Who May Appeal. An appeal or call for review in compliance with this chapter may be filed by any aggrieved person, except that in the case of a decision on a quasi-judicial permit or action, an appeal may only be filed by a person who, in person or through a representative, appeared at the public hearing in connection with the decision being appealed, or who otherwise informed the City in writing of the nature of his/her concerns before the hearing. 2. Call for Review on Administrative Permits. ORDINANCE NO. 22 a. Any person may request a call for review by the Planning Commission for any Director action on an administrative permits for which notice has been given. Such call for review shall be provided in writing and shall be accompanied by payment of any required fee. b. The following permits are subject to a call for review: i. Minor design review; ii. Hillside Area construction permit; iii. Minor modifications – two or fewer; iv. Minor use permit; v. Administrative use permit. 3. Call for Review by Commissioners and Councilmembers. a. Any Commissioner may initiate a call for review of a Director's determination or decision by filing a written request with the Department before the effective date of the action. b. Any Council member may initiate a call for review of a Commission's or Director's determination or decision by filing a written request with the City Clerk before the effective date of the action. c. No fees are required. 4. Limitations on Denial by the Commission. If an application has been denied by the Commission, or if an application or a portion thereof is approved, an appeal may be made by the applicant or any interested person. Section 9. Chapter 25.100 – Public Hearings and Notice, Section 25.100.020, Notice of Hearing, of Article 7 of Title 25 of the Burlingame Municipal Code is amended as follows: 25.100.020 Notice of Hearing. B. Method of Notice Distribution. Notice of a public hearing or any noticing requirement required by Article 6 for a planning approval shall be given as follows, as required by Government Code Sections 65090 and 65091. 1. Mailing. Notice shall be mailed or delivered to the following at least 10 days before the scheduled hearing, or for other noticing requirements: ORDINANCE NO. 23 a. Project Site Owner(s) and the Applicant. The owner(s) of the property being considered in the application or the owner's authorized agent, and the applicant. b. Local Agencies. Each local agency expected to provide roads, schools, sewage, streets, water, or other essential facilities or services to the property which is the subject of the application, whose ability to provide those facilities and services may be significantly affected. c. Affected Owners. All owners of real property, as shown on the latest adopted tax roll of the County, located within a radius as defined below of the exterior boundaries of the parcel that is the subject of the hearing or noticing requirement pursuant to Article 6 (Permit Processing Procedures). i. 500-Foot Radius Required. (A) All legislative actions pursuant to Table 6-1 (Review Authority); (B) Any commercial, industrial, or institutional development exceeding 10,000 square feet of construction, whether new construction or addition to existing development; (C) Any attached residential development consisting of five or more units; and (D) Any combination of (B) and (C) above. ii. 300-Foot Radius Required. All planning permits and approvals and all administrative and ministerial actions pursuant to Table 6-1, except for those specified in subsections B.1.c.i and iii, and any permits pursuant to subsection B.1.c.iii that are called for review or appealed to the Commission. iii. 100-Foot Radius Required. (A) Administrative use permit; (B) Design review – minor; (C) Minor modifications – two or fewer; (D) Hillside Area construction permits not requiring design review; (E) Master Sign Programs. iv. No Radius Notification Required. Appeals of interpretations of the Zoning Code, home occupation permits, reasonable accommodation approvals, ORDINANCE NO. 24 sign permits, and temporary use permits do not require noticing of affected owners. d. Persons Requesting Notice. Any person who has filed a written request for notice with the Director and has paid the required fee for the notice. e. Other Person(s). Any other person(s), whose property might, in the judgment of the Director, be affected by the proposed project. Section 10. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. Section 11. Sections 4, 5, 6, 7, 8, and 9 of this Ordinance shall be codified in the Burlingame Municipal Code. Sections 1, 2, 3, 10, 11, and 12 shall not be so codified. Section 12. This Ordinance shall be published in a newspaper of general circulation in accordance with California Government Code Section 36933, published, and circulated in the City of Burlingame, and shall be in full force and effect thirty (30) days after its final passage. _________________________________ Donna Colson, Mayor I, Meaghan Hassel-Shearer, City Clerk of the City of Burlingame, certify that the foregoing ordinance was introduced at a public hearing at a regular meeting of the City Council held on the 2nd day of December, 2024, and adopted thereafter at a regular meeting of the City Council held on the ______ day of ___________ 2024, by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: __________________________________ Meaghan Hassel-Shearer, City Clerk 1 STAFF REPORT AGENDA NO: 10b MEETING DATE: December 2, 2024 To: Honorable Mayor and City Council Date: December 2, 2024 From: Richard Holtz, Parks Superintendent and City Arborist – (650) 558-7333 Scott Spansail, Assistant City Attorney – (650) 558-7275 Subject: Introduction and First Reading of Updated Tree Ordinance – Repealing Chapters 11.04 and 11.06 of the Burlingame Municipal Code Title 11 (Trees and Vegetation) and Adopting a New Chapter 11.06 (Urban Reforestation and Tree Protection); CEQA Determination: Exempt Pursuant To State CEQA Guidelines Sections 15307 And 15308; Adoption of a Resolution Amending the Master Fee Schedule to Adopt a Tree Replacement In-Lieu Fee and an Increase for Appeals of Beautification Committee Decisions; and Authorizing the Finance Director to Make Such Amendments; CEQA Determination: Exempt Pursuant to State CEQA Guidelines 15078, 15061(b)(3) RECOMMENDATION Staff recommends that the City Council hold a Public Hearing to introduce a proposed Ordinance that would repeal Chapters 11.04 and 11.06 of Title 11 of the Burlingame Municipal Code (Trees and Vegetation) and replace them with a new Chapter 11.06 (Urban Reforestation and Tree Protection). Staff further recommends that the City Council consider and adopt the proposed accompanying resolution amending the Master Fee Schedule to establish fees associated with the proposed Ordinance, including a new “in-lieu” and removal permit appeal fee. Recommended Procedure and Order of Operations: 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. D. If the City Council adopts the first reading of the Ordinance, then consider and adopt the proposed Resolution amending the Master Fee Schedule to establish associated new fees, including a new “in-lieu” and removal permit appeal fee, which would become effective on the same date as the proposed Ordinance. Tree Ordinance Update - Introduction December 2, 2024 2 BACKGROUND AND DISCUSSION Currently, public and private trees are regulated in Burlingame Municipal Code (BMC) Title 11, Chapter 11.04, “Street Trees,” and Chapter 11.06, “Urban Reforestation and Tree Protection.” Over the last year, the Parks and Recreation Department and the City Attorney’s Office have worked on revisions to the regulations protecting the urban forest. Staff has presented proposed updates to the municipal code at the following public meetings and received feedback from the public, Commissions, and Council: • November 3, 2023 – Beautification Commission • November 20, 2023 – City Council • May 2, 2024 – Beautification Commission • May 28, 2024 – Planning Commission • June 17, 2024 – City Council • October 7, 2024 – City Council The attached Exhibit B contains the most recent City Council staff reports from October 7, 2024, and June 17, 2024, as well as the minutes from each public hearing held for this item over the past year. Exhibit B contains far more detail regarding the substantive changes being proposed in this draft Ordinance. At their regular meeting on October 7, 2024, the City Council reviewed the same draft Ordinance language presented today. During this discussion, which followed five other public hearings on the proposed Title 11 update, the City Council directed staff to finalize the draft and to complete CEQA review of the Ordinance. Staff retained David J. Powers & Associates, an environmental review consultant, to prepare a CEQA analysis of the proposed Ordinance. The consultant has concluded that the proposed Ordinance qualifies for two separate CEQA exemptions that apply to regulations designed to protect the environment. Specifically, the proposed Ordinance qualifies for an exemption under CEQA Guidelines Section 15307 - Actions by Regulatory Agencies for Protection of Natural Resources, and Section 15308 - Actions by Regulatory Agencies for Protection of the Environment. A complete environmental analysis of the proposed Ordinance, including detailed analysis of the above exemptions, can be found in the CEQA Exemption Memorandum enclosed as Exhibit C. As noted earlier, staff has made no other edits to the proposed Ordinance that was presented to the City Council on October 7, 2024. FISCAL IMPACT New Fees: As indicated above, if the City Council wishes to adopt the First Reading of the proposed Ordinance, staff recommends the City Council also adopt the proposed Resolution amending the Master Fee Schedule to establish associated new fees, including a new “in-lieu” and removal permit appeal fee, which would become effective on the same date as the proposed Ordinance. Tree Ordinance Update - Introduction December 2, 2024 3 As noted in prior staff reports, the proposed Ordinance contemplates new fees that must be added to the City’s Master Fee Schedule contemporaneously with the effective date of the Ordinance. While most fees regarding tree removal and maintenance will remain unchanged, the proposed Ordinance has introduced an “in-lieu” fee for instances where trees cannot be replaced on-site (or off-site, with Director approval). This amount would then be placed in the Tree Replacement Fund for the planting and fostering of trees elsewhere in the urban forest. Staff proposes a fee of $325/one-inch DSH of tree removed, which is equal to current fees enacted by Tree Cities like Sacramento. In addition to the “in-lieu” fee, staff also proposes a “Tree Removal Permit Appeal Fee” of $968. This is the current fee imposed by the City for a nearly identical appeal hearing procedure related to Wireless Permit Applications. Staff notes that this fee is only charged for the appeal of a Beautification Commission decision. Appeals of a permit related to a discretionary development project that involve tree removals are required to go through the process set forth in Burlingame Municipal Code Title 25, and the appellant would be required to pay fees associated with the appeal of the project itself. Tree Replacement Fund The proposed amendment to the Municipal Code includes a mechanism to help fund the care and maintenance of the urban forest: the Tree Replacement Fund. This newly created fund, which has been discussed at prior meetings on this topic, would be the repository for many of the proposed updates, including in-lieu fees and civil penalties. This fund would primarily be used for tree planting and preservation programs but would also be available for City Council-directed programs consistent with this purpose. Exhibits: • Exhibit A: Proposed Ordinance • Exhibit B: Staff Reports and Minutes from Previous Public Meetings • Exhibit C: CEQA Exemption Memorandum • Exhibit D: Resolution Amending the Master Fee Schedule to be Consistent with the Updated Tree Ordinance, Approving Tree Replacement In-Lieu Fee, Approving Fee Increase for Appeals of Beautification Committee Decisions, and Authorizing the Finance Director to Make Such Amendments to the Master Fee Schedule 1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF BURLINGAME REPEALING CHAPTERS 11.04 AND 11.06 OF THE BURLINGAME MUNICIPAL CODE AND ADOPTING A NEW CHAPTER 11.06 WHICH WILL REGULATE THE URBAN FOREST AND TREE PROTECTION PROGRAMS WITHIN THE CITY LIMITS; CEQA DETERMINATION: EXEMPT PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15307 AND 15308 WHEREAS, the City of Burlingame has been endowed with a magnificent and thriving urban forest that greatly contributes to the long-term aesthetic, environmental and economic benefits to the local community; and WHEREAS, the environmental benefits derived from trees are vast, and include filtering of air pollutants, stabilization of soils, increasing oxygen levels, decreasing wind speed and noise pollution, as well as providing a natural habitat to our local diverse wildlife; and WHEREAS, the City of Burlingame has a long history of protecting and enhancing this vital resource; and WHEREAS, this history has led to Burlingame’s proud and long-standing reputation as a City of Trees, which began over a century ago; and WHEREAS, in 1908, shortly after incorporating as a municipality, the City of Burlingame passed its first tree protection measure protecting trees along El Camino Real; and WHEREAS, in 1971, City Council passed Burlingame Municipal Code (BMC) Chapter 11.04, which established protections for City-owned trees; and WHEREAS, in 1975, the City Council passed Burlingame Municipal Code Chapter 11.06, which established protections and requirements for privately-owned trees; and WHEREAS, in 1992, 1993 and 1998, the Burlingame City Council amended Chapter 11.06 to ensure adequate care was given to the maintenance of our urban forest; and WHEREAS, despite these updates, the programs and policies that were put into place have become outdated as the City underwent development changes and arboricultural practices evolved; and WHEREAS, the Municipal Code’s implementation of outdated practices made it very difficult for the City Arborist to implement and maintain appropriate tree care practices and responsible growth of our vital urban forest; and 2 WHEREAS, in addition to the creation of an Urban Forest Management Plan (UFMP), the City Council felt it was also necessary to adopt a new Ordinance updating the rules and regulations surrounding the maintenance and care of the City’s Urban Forest; and WHEREAS, the Burlingame Beautification Commission held a public hearing and discussion about a prospective new tree Ordinance on November 3, 2023 and May 2, 2024; and WHEREAS, the Planning Commission held public hearing and discussion regarding the proposed Ordinance on May 28, 2024; and WHEREAS, the City Council held public hearings on the proposed Ordinance on November 20, 2023 and June 17, 2024 and October 7, 2024; and WHEREAS, the City Council held public hearings on the proposed Ordinance on November 20, 2023, June 17, 2024, October 7, 2024 and November 25th, 2024; and WHEREAS, the proposed Ordinance represents the culmination of six public hearings and years of staff research and has resulted in a comprehensive and updated Ordinance to enhance the protection of the City’s invaluable urban forest. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES ORDAIN AS FOLLOWS: Section 1. The recitals set forth above are true and correct, and are hereby incorporated herein by this reference as if fully set forth in their entirety. Section 2. The City Council hereby finds that this Ordinance is in the public interest. Section 3. This Ordinance is exempt from CEQA pursuant to State CEQA Guidelines Section 15307 as it assures the maintenance, restoration or enhancement of a natural resource and the regulatory process involves procedures for protection of the environment. The Ordinance is further exempt from CEQA pursuant to State CEQA Guidelines Section 15308, as it assures the maintenance, restoration, enhancement or protection of the environment and the regulatory process involves procedures for protection of the environment. The City Council has independently reviewed the entire record including the staff report, CEQA Memorandum prepared by David J. Powers & Associates (attached to the staff report for this Ordinance and incorporated herein by reference), and any and all public comments and has concluded that the Ordinance is exempt from CEQA pursuant to CEQA Guidelines Sections 15307 and 15308. Section 4. If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion 3 or sections of the Ordinance. The City Council of the City of Burlingame hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional. Section 5. Chapters 11.04 and 11.06 of the Burlingame Municipal Code are hereby repealed, and replaced with a new Chapter 11.06 as reflected in Exhibit A, attached hereto and incorporated herein by reference. Section 6. Section 5 of this Ordinance shall be codified in the Burlingame Municipal Code. Sections 1, 2, 3, 4, 6, 7, and 8 shall not be so codified. Section 7. This Ordinance shall go into effect 30 days following its adoption. Section 8. The City Clerk is directed to publish this ordinance in a manner required by law. Donna Colson, Mayor I, Meaghan Hassel-Shearer, City Clerk of the City of Burlingame, certify that the foregoing ordinance was introduced at a public hearing at a regular meeting of the City Council held on the 2nd day of December, 2024, and adopted thereafter on the ____ day of _______, 2024, by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: Meaghan Hassel-Shearer, City Clerk 4 EXHIBIT A Chapter 11.06 – URBAN REFORESTATION AND TREE PROTECTION 11.06.010 Findings and Purpose 11.06.020 Definitions 11.06.025 Disclosure Obligations Upon Sale or Transfer of Real Property 11.06.030 Emergencies 11.06.040 Protected Trees Impacted by Development or Redevelopment Projects 11.06.050 City-owned Trees and Vegetation 11.06.060 Permits Required for Removal or Work Significantly Affecting Protected Trees 11.06.070 Decision by Director 11.06.080 Tree Planting and Replacement Fund 11.06.090 Appeal 11.06.100 Tree Requirements and Reforestation 11.06.110 Notification of Protected Tree Removals 11.06.120 Violations and Penalties 11.06.130 Administrative Procedures and Regulations 11.06.140 Severability 11.06.010 – Findings and Purpose The City of Burlingame is endowed and forested with a variety of healthy and valuable trees which must be protected and preserved. The preservation of these trees is essential to the health, welfare and quality of life of the citizens of the City. Trees provide a multitude of benefits to our community including: 1. Provide shade; 2. Enhance resilience to climate change; 3. Improve air quality; 4. Provide shelter from wind; 5. Prevent erosion and landslides; 6. Protect against flood hazards; 7. Add to the City’s scenic beauty and character; 8. Recognize historical significance to our City; 9. Create natural gathering places; 10. Reduce noise pollution; 5 11. Enhance privacy; 12. Enhance neighborhood property values; and, 13. Provide habitat for wildlife. It is the intent of this Chapter to establish conditions and regulations for the protection, removal, and replacement of existing trees and the installation of new trees during development consistent with these purposes and the reasonable economic enjoyment of private property. Further, it is the intent of this Chapter to foster the health of and protect City- owned trees which contribute greatly to the aesthetics and environmental health of the City. 11.06.020 - Definitions (a) Terms used in this Chapter shall be defined as provided below, and as defined in the International Society of Arboriculture (ISA) Glossary of Arboriculture Terms. If a conflict between definitions exist, the definitions listed in this Chapter shall control. Terms not having a special definition shall be defined according to their common usage and meaning. (1) “ANSI A300 Standards” or “ANSI Standards” means the most current version of the American National Standard for Tree Care Operations-Tree, Shrub and Other Woody Plant Maintenance-Standard Practice and accompanying best management practices publications. (2) “Appraised Value” means the monetary value of trees using trunk formula and replacement costs methods as described in the most recent version of the ISA workbook “Guide for Plant Appraisal,” or similar industry authority as designated by the Director. (3) “Certified Arborist” means a professional who possesses a current International Society of Arboriculture (ISA) Arborist certification. (4) “City Arborist” means an International Society of Arboriculture (ISA) certified individual, employed by or under contract with the City as delegated by the Director of Parks and Recreation and charged with making the determinations called for in this Chapter, and generally responsible for overseeing the City’s tree programs as they may exist over time. (5) “City-owned Trees” means those trees that are situated on City-owned property including but not limited to parks, natural wildlife areas and landscape areas around City buildings. “City-owned trees” also includes those trees planted and/or maintained by the City in City-owned right of ways. (6) “Commission” means the Beautification Commission of the City of Burlingame. 6 (7) “Containerized Planting” means a planting of trees in a human made structure of permanence that limits soil volume and thus, the full growth potential of the tree. (8) “Crown” means the upper part of a tree, measured from the lowest branch, including all the branches and foliage. (9) “Diameter at Standard Height (DSH)” means the level measurement of the trunk diameter measured at 54” above soil grade. If ground is sloped, measurement is taken from the upper side of the slope. (10) “DSH of Multi-Trunk or Co-dominant Stems” means the level measurement of the trunk taken below the main union when the main branching occurs at less than 54” from soil grade. (11) “DSH of Sloped or Angled Trunks” means the measurement when the trunk is at an angle or is on a slope. The trunk is measured at a right angle to the trunk 54” along the center of the trunk axis, on the upper slope. (12) “Department” means the Parks and Recreation Department of the City of Burlingame. (13) “Development or Redevelopment Project” means any work upon any property in the City of Burlingame which requires a subdivision, variance, use permit, design review permit, special permit building permit or other review or permit provided for under Title 25 of this Code or other approval or which involves excavation, landscaping, or construction in the vicinity of a Protected Tree. “Development or Redevelopment” does not include work undertaken by the City on property owned by the City or work performed within or directly related to an easement or other right to property held by the City. (14) “Director” means the Director of Parks and Recreation of the City of Burlingame, or his or her designee(s). (15) “Dripline” means the area directly located under the outer circumference of the tree branches, prior to any reduction pruning. (16) “Excessive Pruning” means any of the following: A. Removal of more than twenty-five percent (25%) of the functioning leaf, stem, or root area of any Protected Tree in any thirty-six-month period. B. Removal of more than fifteen percent (15%) of the functioning root area of any Protected Tree in any thirty-six-month period. C. Any removal of the functioning leaf, stem, or root area of a Protected Tree which the Director, in their sole discretion, determines caused a significant decline in health, increased risk of failure, or the structural altering of a tree. 7 (17) “Landscape Tree” means a woody perennial usually having one dominant trunk and a mature height of greater than 15 feet and mature width of 10 feet at twenty years of age according to the United States Department of Agriculture, Natural Resources Conservation Service, PLANTS Database, or similar database as designated by the Director. (18) “Habitable Space” means structures on a property intended for habitation. (19) “Hazardous Tree” means a tree or tree part that has significant increased likelihood to cause harm. (20) “Heritage Tree / Heritage Grove” means a significant tree or geographically related trees (grove) that has been designated by the Beautification Commission, City Council, or Director as meeting criteria for the heritage tree program. (21) “ISA” means the International Society of Arboriculture organization. (22) “Neighborhood” means the area within a 300-foot radius of a tree. (23) “Paving” means pervious and impervious surfaces that prevent vegetative growth. (24) “Private Tree” means any tree located on privately owned property within the City other than those designated as “City-owned Trees” under this Chapter. “Private Tree” includes trees owned and controlled by any entity other than the City, including other public entities. (25) “Project Arborist” means certified arborist retained by a property owner for the purpose of overseeing on-site activity involving the welfare of trees to be retained during a construction or Development or Redevelopment Project. Unless otherwise noted by the Director, the Project Arborist shall be responsible for all reports, appraisals, tree protection plan, and inspections required. (26) “Protected Tree” means: A. Any City-owned or maintained tree. B. Any Private Tree with a circumference of forty-four (44) inches (14-inch DSH) or more when measured fifty-four (54) inches above natural grade; or (1) When measuring the DSH of Multi-Trunk or Co-dominant Stems, or DSH of Sloped or Angled Trunks, the forty-four (44) inch (14-inch DSH) circumference measurement shall be determined as defined in this Chapter above. C. A designated Heritage Tree or Heritage Grove, or any other tree or stand of trees or species of tree, so designated by the Beautification Commission, City Council, or Director based upon findings that it is 8 unique and of importance to the public due to its unusual appearance, location, historical significance or other factor; or D. A stand of Private Trees in which the Director or designee has determined each tree is dependent upon the others for survival; or E. Replacement trees, regardless of size, that were required to be planted as replacements for authorized and unauthorized protected Private Tree removals F. Reforestation trees required to be planted for a Development or Redevelopment Project pursuant to 11.06.100. (27) “Pruning” means the removal of dead, dying, diseased, live interfering, and structurally deficient branches and shall be defined as set forth in the most recent standards of the American National Standards Institute (ANSI) A300 Best Management Practices, which may be amended from time to time. Pruning shall not exceed removal of more than 25% of live tissue within a thirty-six-month period unless otherwise permitted by the Director. See “Excessive Pruning” definition for further details regarding limitations. (28) “Removal” means cutting to the ground, extraction, killing by spraying, girdling, pruning the tree in a manner that reduces the health or condition of a tree, or any other means that significantly reduces the longevity of the tree. (29) “Stand of Trees (Grove)” means a group of trees occurring naturally or planted close together with little or no under growth. (30) “Structural Alteration” means alteration of the natural form of the tree or root system which would thereby prevent the tree from achieving the typical height and width the canopy would normally present as. (31) “Structural Lot Coverage” means the build footprint, paved area or any other pervious or impervious improvement that restricts growing space on a parcel. (32) “Tree Protection Plan (TPP)” means a plan prepared by a certified arborist that outlines measures to protect and preserve trees on a construction (or similar) project. The requirements for the plan shall be set by the City Arborist, but the plan should generally include requirements for pre-construction; treatments during demolition and/or construction; establish a Tree Protection Zone for each Protected Tree; tree monitoring and inspection schedule; and continued maintenance after construction for each Protected Tree. (33) “Tree Protection Zone (TPZ)” means a defined area within which certain activities are prohibited or restricted to prevent or minimize potential injury to designated trees, especially during construction or development. Unless otherwise directed by the City Arborist, the Tree Protection Zone shall be a fenced enclosure for the purpose of achieving the following goals: 9 A. Protection of foliage and branches from contact by equipment, materials and activities. B. Preservation of roots and soil conditions in an intact and non-compacted state. C. Identify the Tree Protection Zone where no construction activity is permitted unless otherwise approved by the Director or City Arborist. 11.06.025- Disclosure Obligations Upon Sale or Transfer of Real Property (a) Not less than seven (7) business days before the sale or other transfer of residential real property concludes, a selling or transferring property owner shall disclose to the acquiring property owner, on a disclosure form provided by the City, whether the residential real property to be sold or transferred contains Protected Trees as defined in this Chapter. (b) If the selling or transferring property owner cannot determine whether trees located on or adjacent to the property are Protected Trees, the seller or transferring property owner shall request available documentation from the Department. (c) Upon a written request, the Director may grant the selling or transferring property owner an exemption in writing from the requirements of this section if the Director determines in the interest of public safety that planting and maintaining trees on or adjacent to the residential property at the time of sale or transfer is not appropriate. Such an exemption does not run with the land and shall not allow any deviations from the disclosure requirements upon residential real property sales or transfers for future sellers or transferors. 11.06.030 – Emergencies In the event that an emergency condition arises whereby immediate action is necessary because of disease or danger to life or property, a Protected Tree may be removed or altered by order of the Director, or, if unavailable and emergency conditions warrant such action, a responsible member of the police, fire, parks and recreation, or public works department. In such event, a report shall be made to the Commission describing the conditions and necessity of such an order. If the tree designated for emergency removal is not removed by the owner within seven calendar (7) days, the emergency removal permit may be rescinded by the Director. For purposes of this Section, the Director is given great deference to determine the existence of an emergency that requires the removal or alteration of a Protected Tree. 11.06.040- Protected Trees Impacted by Development or Redevelopment Projects (a) Where other discretionary approval is required: Where a property owner wishes to remove or Excessively Prune a Protected Tree under this Chapter as part of a Development or Redevelopment Project for which a discretionary approval under Title 25 of this Code is otherwise required, the application for discretionary approval shall be accompanied by a 10 permit(s) for the work under this Chapter to the decision maker for the discretionary approval. An approval of the discretionary project shall result in an approval of the accompanying permits under this Chapter. Any decision on the application for a permit shall be subject to the same procedures for appeal and call for review as a decision on the associated discretionary approval. (b) Where no discretionary approval is required, and no State-mandated regulations require ministerial approval of the project: Where a property owner wishes to remove or Excessively Prune a Protected Tree under this Chapter on private property as part of a Development or Redevelopment Project for which no discretionary approval is required under Title 25, an application for a permit shall be made pursuant to the standard application procedures and submittal requirements set forth in Section 11.06.060 and as otherwise stated in this Chapter. Any appeal of this decision shall be governed by the appeal procedures listed in Section 11.06.090. (c) Where no discretionary approval is required, and State-mandated regulations require ministerial approval of the project: Where a property owner wishes to remove or Excessively Prune a Protected Tree under this Chapter on private property as part of a Development or Redevelopment Project for which no discretionary approval is required under Title 25 and State-mandated regulations require ministerial approval of the project (including, but not limited to, Development or Redevelopment Project submitted pursuant to Government Code Sections §65852.2 and § 65852.21, which may be amended from time to time), the application for ministerial approval shall also be accompanied by an application for a permit(s) under this Chapter to the reviewer of the ministerial approval for all trees which would physically preclude the approved Development or Redevelopment Project. An approval of the project shall result in an approval of any permit for those trees which would physically preclude the approved Development or Redevelopment Project, subject to the replacement and reforestation requirements of this Chapter. 11.06.050 – City-owned Trees and Vegetation The provisions of this Section shall govern actions affecting City-owned Trees and vegetation, and shall be in addition to all other applicable provisions set forth in this Chapter. (a) Duties of Director: It shall be the duty of the Director to implement a comprehensive tree program for the City, including planting, pruning, plant health care activities and caring for any trees, shrubs or plants and to remove any tree, shrub or plants which are determined to be objectionable or hazardous in or upon any City right-of way, park, or other City- owned area in the City. Actions taken by City staff in furtherance of such City tree program shall be exempt from the permitting and appeal provisions of this Chapter. (b) The Director shall develop and maintain a comprehensive plan of official street trees for all streets of the City where planting areas are available and provided for trees, which may be amended from time to time. (c) The Director, in consultation with the Director of Public Works, shall have the authority to prune, remove, and replant any City-owned Tree, shrub or plant that present a danger to 11 pedestrian or vehicular safety in the right of way, including sidewalks, or that present significant risk of harm to persons or permanent structures in the immediate vicinity of the tree. Decisions to remove or prune City-owned Trees pursuant to this paragraph are not appealable and are not subject to the noticing provisions of this Chapter. (d) It is a violation of this Chapter to fasten any sign, wire, rope or any device to any City- owned Tree, shrub or plant; to permit any fire or heated device to burn where the heat thereof will injure any portion of the tree; to place or maintain any stone, cement, or other substance so that it will impede the free access of air and water to the roots of any City- owned Tree, or to otherwise damage or, through negligence, permit damage to occur to a City-owned Tree. Paving of planting strips between the curb and edge of sidewalk in the public right of way is not permitted except where necessary for safety or as required as part of an accessibility accommodation plan. Such paving may only occur at the discretion and with the written approval of the Director of Public Works or his or her designee, after consultation with the Director. (e) Planting in streets or other City-owned areas: It is a violation of this Chapter for anyone other than the Director to place or plant any tree, shrub or plant in any public right of way or public place in the City until the Director shall have first approved the kind and variety to be planted, the location therefore, and granted a permit for planting the same. The Director is authorized to approve varieties of trees which may be planted in planting strips and no trees which do not receive such approval shall be planted. The Director shall prepare a list of such trees, which may be amended from time to time. (f) No right to remove or Prune or alter City-owned Trees: No person other than City employees or authorized City contractors engaged in work on an approved tree program shall have the right to remove, Prune, damage, or alter a City-owned Tree except as provided by Section 11.06.030 or through a permit for such work granted under this Section. A permit may be applied for from the Director, who is hereby authorized to grant such a permit in his or her discretion upon application in the form provided by the Department. Any such request will be considered based on the provisions of this Chapter, ANSI A300 and established public tree removal criteria. (g) Decision of Director: A decision on an application for a permit to perform work on a protected City-owned Tree shall be rendered by the Director, who has the discretion to approve, deny, or approve with conditions such application. Any permit granted under this Section shall describe the contemplated work with particularity and provide for any replacement plantings or payment. (h) Trimming by public utilities: Any public utility corporation maintaining overhead wires may request a permit from the Director valid for one year from date of issuance, that allows such public utility corporation to prune any tree growing upon the street or which grow upon private property to the extent that they encroach upon the street. Permission to prune trees shall be granted where it can be shown that the trees or portions thereof are likely to interfere with the safety of the overhead wires or the transmission of electrical current or telephone messages. 12 11.06.060 - Permits Required for Removal or Excessive Pruning of Protected Trees (a) No Protected Tree shall be removed, structurally altered, or excessively pruned from any parcel or pruned by any person without a permit, except as provided in Section 11.06.030 and 11.06.050. (b) Application: Removal, Pruning or root pruning. Property owners or their authorized representative shall not structurally alter, excessively Prune or remove Protected Trees without first applying for and obtaining a permit from the Department. The permit application shall be on a form furnished by the Department, which may be updated by the Director from time to time. The application shall be accompanied by an application fee in an amount established by resolution of the City Council. The Director may require that the application be accompanied by: (1) An arborist report from an arborist approved by the City; (2) Designation of a Project Arborist, if so required by the Director; (3) A site map indicating existing and proposed elevations, property lines, streets, easements, driveways, buildings and structures, building and structure setbacks, parking areas, existing and proposed land uses, and locations of all trees with identification numbers; (4) A Tree Replacement Plan including size, species, form and location; (5) A Tree Protection Plan; (6) Proof of compliance with any applicable City and/or California Contractors State License Board licensing requirements; (7) Authorization of the property owner; (8) Any other information or report the Director determines to be necessary. (c) Review. In reviewing each application, the Director (or, where a permit is submitted pursuant to Section 11.06.040(a), the decision maker for the discretionary project) shall weigh the following factors: (1) The condition of the tree(s) with respect to: Disease, decay, structure, form and vigor, likelihood and consequences of failure and impact proximity to existing or proposed structures, yards, driveways and other trees, infrastructure and growing space constraints, utilities and improvement conflict, species desirability and age of the tree relative to average urban life span typical of the species. (2) Whether the tree must be removed to use the property for any City authorized or permitted use under Title 25 for the zoning district in which the property is located, and the use could not be made of the property unless the tree is 13 removed. (3) That the tree or its roots are causing, or threatening to cause, damage to any main structure on the property or on any adjacent property and there are no reasonable alternative means to mitigate the damage or threatened damage. Reasonable alternative means of mitigation include, but are not limited to, cutting tree roots, trimming the tree canopy, or installing a root barrier. Removing, relocating, or in any way altering any main structure on the property shall not be considered a reasonable alternative means of mitigation for the purposes of this Section (4) Species desirability, susceptibility to pests and disease and ability to host pathogenic organisms that cause damage to other trees. (5) The topography of the land and the effect of the removal of the tree(s) on erosion; soil retention; and diversion or increased flow of surface water. (6) The number of trees existing in the neighborhood on improved property and the effect the removal would have on the established standard of the area and property value. (7) The number of trees the particular parcel can adequately support according to good arboricultural practices. (8) The effect tree removal would have on wind protection, noise and privacy; erosion; soil retention; and diversion or increased flow of surface waters. (9) Whether an unusual or extraordinary circumstance exists whereby the denial of the permit would create a unique economic burden on the property owner. (10) Whether a public benefit as defined in Section 11.06.010 exists that, in the Director’s determination, outweighs the above factors. 11.06.070 – Decision by Director A decision shall be rendered by the Director for each application received in accordance with Sections 11.06.050 and 11.06.060 within six months of receipt of a completed application, which includes the payment of all fees. This limitation does not apply for those permits submitted in accordance with Section 11.06.040. If an application for removal is approved, it shall include replacement conditions in accordance with Section 11.06.100. The Director may add Conditions of Approval to any Tree Removal Permit that are in furtherance of the goals of this Chapter. The Director shall give public notification of the decision. Public notification may be electronic or written. The Director may require additional notification measures as applicable. Additional requirements of permit decisions are as follows: (a) If a permit is approved to remove a City-owned Tree, removal work shall include removal of the tree stump and nearby roots to a depth of eighteen (18) inches, and filling of the hole with clean blend of soil as specified in the permit, unless these requirements are 14 waived in writing by the Director. Additional requirements including, but not limited to irrigation measures, staking and mulch may be required. If no replacement tree is required by the Director, the permittee shall install soil, aggregate or paving to match the adjacent area as specified in approved permit. The permittee also shall repair any damage to the street, curb, or sidewalk caused by the tree’s removal. (b) If an application for a tree permit is denied, no tree permit application for the same proposed work may be filed within one year after the date of final denial by the authority having final jurisdiction in the matter. This moratorium on the application period does not include those associated with Section 11.06.030, or if the Director determines there has been a material change in circumstances that led to the original decision. (c) Applications will be denied for failure of the applicant to provide information and materials requested within six months of the application date. (d) Approved permits are valid for six months. Extensions shall be granted only for good cause, and when in the benefit of the urban forest. 11.06.080 – Tree Planting and Replacement Fund A Tree Planting and Replacement Fund is established for the purposes of enhancing the urban forest. The in-lieu fees and any civil penalties collected pursuant to this Chapter shall be deposited into the Tree Planting and Replacement Fund. Except as provided in this Section, the Tree Planting and Replacement Fund shall not be used for any purpose other than for enhancement of the urban forest (including, but not limited to, establishing new planting locations and support systems such as installation of irrigation, silva-cells, root barriers and drainage) and preservation programs (including the creation of programs to support the preservation of mature Protected Trees, under-plantings as part of a tree planting program, and other activities that support the purposes of this Chapter). The City Council may direct that the Tree Planting and Replacement Fund be used for the implementation of programs consistent with the purposes of the Tree Planting and Replacement Fund. 11.06.090 – Appeal Tree removal permits related to Section 11.06.030, as well as Pruning and/or removals of City-owned Trees, are not appealable. Additionally, there are no appeal rights when the Director approves a tree removal permit for a tree that has died, or whose health has declined with no hope of improvement. Any City resident, business owner, or other person having an interest in property affected by a decision rendered under Section 11.06.070 related to the Pruning or removal of a private Protected Tree may appeal the decision of the Director to the Commission. The appellant must file a written or email notice of appeal with the City Clerk within ten (10) calendar days of the decision, and the appellant shall state the grounds for the appeal. All appeals shall be accompanied by an appeal fee in an amount established by resolution of the City Council. The Director may also require that an appeal be submitted on a form furnished by the Department. 15 The Director shall set the matter for review by the Commission at its next regular meeting for which notice under this provision may be made, and provide notice by mail of the Commission hearing to the appellant and applicant at least ten (10) days prior to the meeting. The appeal hearing may be continued by mutual agreement by the parties, or as deemed necessary by the Director in order to allow adequate consideration of the appeal. No work other than that permitted by Section 11.06.030 shall be performed pursuant to tree permits while any appeal is pending. Any person may appeal the Commission’s decision to a Hearing Officer appointed by the City Manager within ten (10) calendar days. The appellant must file a written notice of appeal to the City Clerk, and submit payment of the appeal fee, within this ten (10)-day period. The notice of appeal shall state the grounds for the appeal. The Director may require that the appeal be submitted on a form furnished by the Department. The Commission’s decision shall become final in ten (10) calendar days if no appeal is filed, and any decision of the Hearing Officer shall be final and effective immediately. Destruction, removal or other work on a Protected Tree shall not commence until after the ten (10)-day period has passed or, if any appeal is filed, until the decision of the Hearing Officer. As specified in Section 11.06.040(a), any person aggrieved by a tree permit decision related to a Development or Redevelopment Project subject to discretionary review must appeal the decision pursuant to the appeal provisions set forth in Title 25. There is no appeal right for permit decisions rendered pursuant to Section 11.06.040(c). 11.06.100 – Tree Requirements and Reforestation Planted landscape tree(s) must be vigorous, well-formed and meet the standards established according to ANSI 300. The Director may require specific species, planting locations, forms and/or size landscape trees as replacement trees or to satisfy reforestation requirements. Off-site plantings within the 300’ neighborhood will be considered at the sole discretion of the Director. (a) Replacement Requirements for private Protected Tree removals; (1) A tree replacement plan for private Protected Trees located on lots that include single or two-unit dwellings must provide for replacement as follows: TRUNK DIAMETER (DSH) REPLACEMENT LANDSCAPE TREE* 14 inches to 29 inches One – 24 Inch Box; or Two – 15 Gallon Containers > 30 inches to 45 inches One – 36 Inch Box; Two – 24 Inch Box; or Four – 15 Gallon Containers > 45 inches Two – 36 Inch Box; or Three – 24 Inch Box (2) Any other tree replacement plan for all other properties must provide for the replacement of Protected Trees at a ratio of one-inch DSH of tree replaced for each inch DSH of tree removed (1:1 ratio). The following equivalent sizes shall be used whenever new trees are planted (either on-site or off-site) pursuant to a tree replacement plan: 16 DSH EQUIVALANT REPLACEMENT LANDSCAPE TREE CONTAINER SIZE One-Inch 15-Gallon Container Two-Inch 24-Inch Box Three-Inch 36-Inch Box Four-Inch 48-Inch Box Five-Inch 60-Inch Box (b) Development Reforestation Requirements. Development plans must include reforestation of the subject property with landscape trees as required below: DEVELOPMENT TYPE REFORESTATION PLAN REQUIREMENTS One and Two-Unit Dwellings One Landscape Tree/ 1,000 Square Feet of Habitable Space on the Lot Multi-Unit Dwellings One Landscape Tree/ 2,000 Square Feet of Total Structural Lot Coverage and One Landscape Tree/ 2,000 Square Feet of Paving Commercial Zoning One Landscape Tree/ 5,000 Square Feet of Total Structural Lot Coverage and One Landscape Tree/ 5,000 Square Feet of Paving *All reforested trees must be at least 24” box tree size, unless otherwise approved by the Director. ** Reforestation Plan Requirements shall be calculated by rounding the appropriate square footage to the nearest thousand. (c) Replacement and Reforestation Options. A tree replacement or reforestation plan must include one or more of the following options: (1) On-Site or Off-Site Replacement/Reforestation. A tree replacement or reforestation plan that includes on-site or off-site replacement shall specify where the trees shall be planted and how the trees shall be monitored and maintained for a time period as determined by the Director. The Director may require security to ensure that the replacement trees survive a minimum of five years. Off-site plantings within 300’ of the subject property will be considered at the sole discretion of the Director. (2) Payment of an In-Lieu Fee as adopted by Resolution of the City Council. At the discretion of the Director, the applicant may pay an in-lieu fee for inability to replant or reforest trees as required. The in-lieu fee amount is established by resolution of the City Council, and may change from time to time. Such fees shall be deposited in the Tree Planting and Replacement Fund as described in Section 11.06.080. (3) Credit for Existing Landscape Trees. An applicant subject to reforestation requirements may be entitled to replacement credit when the applicant preserves trees that are on the same lot. To be entitled to the credit, the preserved trees must be viable long-term and meet the definition of landscape tree. The Director shall determine whether a tree is viable long-term by considering the location of the 17 trees, the quality of the environment in which the trees are located, potential impacts to the trees from any proposed development, and other factors that the director deems relevant. Such trees included as credit shall be considered protected regardless of size. (d) Waiver Replacement Requirement. The Director may waive the tree replacement requirements in this Section in whole or part if the subject property has, in the Director’s sole discretion, the maximum number of landscape trees existing that the subject property can support according to best management practices. (e) California Native Planting. In recognition of the importance of native planting for the benefit of local ecology, an applicant is entitled to use the requirements below if California Native Trees and/or Plants are utilized for replacement requirements. The Director will approve and maintain a list of California Native Trees or Plants for purposes of this Section, which may be amended from time to time. If used, the applicant may plant as follows: (1) If planting according to 11.06.100(a)(1) TRUNK DIAMETER REPLACEMENT LANDSCAPE TREE* 14 inches to 29 inches One –15 Gallon Container > 30 inches to 45 inches One – 24 Inch Box, or Two – 15 Gallon Containers > 45 inches One – 36 Inch Box or Two – 24 Inch Box (2) If planting according to 11.06.100(a)(2) DSH EQUIVALANT REPLACEMENT LANDSCAPE TREE CONTAINER SIZE Two-Inch 15-Gallon Container Four-Inch 24-Inch Box Six-Inch 36-Inch Box Eight-Inch 48-Inch Box Ten-Inch 60-Inch Box 11.06.110 Notification of Protected Tree Removals At a minimum, public notification of an application to remove or excessively prune a Protected Tree shall be made to property owners and residents within 300 feet of the subject tree. Additional notification, both electronic and/or physical, may be required by the Director. Trees requiring public notification for all non-emergency removals are as follows: (a) Private Protected Trees, regardless of size; (b) City-owned trees with circumference of 44 inches or greater (14 inch DSH). 18 11.06.120 Violations and Penalties Violations of this Chapter significantly harm the urban forest are hereby declared to constitute a public nuisance subject to the provisions of Chapter 1.16 and may be punishable as misdemeanors or infractions at the discretion of the City Attorney following consideration of the severity of the violation. Continuing violations shall constitute a separate offense for every day the violation occurs or continues, and every tree harmed or removed is considered a separate offense. Any individual who personally, or through an agent, employee, or representative, commits a violation under this Chapter will be subject to the following penalties: (a) A fine of up to $1,000 per violation. (b) In addition to any penalties imposed pursuant to subsection (a) of this section, any person who has removed, excessively pruned or otherwise damaged a Protected Tree in violation of this Chapter may be required to provide restitution to the City by either: (1) At the Direction of the Director, planting a healthy replacement tree of the same or similar species and size as the tree removed or damaged, or (2) Paying a cash contribution to the Tree Planting and Replacement Fund in an amount equal to the appraised value of the removed or damaged tree plus estimated costs of replacement, as determined by the Director. In the event that the condition of an illegally removed tree cannot be determined after its removal, the condition of the tree shall be assumed to be in excellent condition for the purposes of establishing the replacement value. (c) Civil Penalties. In addition to the penalty provisions of subsections (a) and (b) of this Section, the City may bring a civil action against any person who commits, allows, or maintains a violation of any provision of this Chapter. The Civil Action may include, but is not limited to: (1) Injunctive Relief. A civil action may be commenced to abate, enjoin, or otherwise compel the cessation of such violation. (2) Costs. In any civil action brought pursuant to this chapter in which the city prevails, the court shall award to the city all costs of investigation and preparation for trial, the costs of trial, reasonable expenses including overhead and administrative costs incurred in prosecuting the action, and reasonable attorney fees. (d) If a violation occurs during a Development or Redevelopment Project, the City may issue a stop work order suspending and prohibiting further activity on the property pursuant to the grading, demolition, and/or building permit(s) (including construction, inspection, and issuance of certificates of occupancy) until a mitigation plan has been filed with and approved by the Director and City Attorney, agreed to in writing by the property owner(s), and either implemented or guaranteed by the posting of adequate security as determined by the City Attorney. 19 (e) All remedies prescribed under this Chapter are cumulative, and the election of one or more remedies does not bar the City from the pursuit of any other remedy for the purpose of enforcing this Chapter. 11.06.130 Administrative Procedures and Regulations The Director may adopt administrative procedures and regulations necessary to implement this Chapter. 11.06.140 Severability If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Burlingame hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more section, subsection, sentence, clause, phrase or portion may be declared invalid or unconstitutional. 1 STAFF REPORT AGENDA NO: 11a MEETING DATE: October 7, 2024 To: Honorable Mayor and City Council Date: October 7, 2024 From: Richard Holtz, Parks Superintendent and City Arborist – (650) 558-7333 Scott Spansail, Assistant City Attorney – (650) 558-7275 Subject: Discussion of Tree Ordinance Update - Burlingame Municipal Code Title 11 (Trees and Vegetation) RECOMMENDATION Staff recommends that the City Council review the draft ordinance language that would rescind Chapters 11.04 and 11.06 of Title 11 of the Burlingame Municipal Code (Trees and Vegetation) and replace them with a new Chapter 11.06 and provide direction. Once the review is complete and any new direction is incorporated, staff will conduct California Environmental Quality Act (CEQA) analysis of the proposed changes and return with a first reading and introduction of the amended Ordinance. BACKGROUND History of Title 11 The City of Burlingame has long had a special relationship with its urban forest. Only a few months after the City was incorporated in 1908, the City enacted its first municipal code to protect a historic grove of trees. Over the years, the community and civic leaders sought to invest in, regulate, and protect the urban forest by updating the rules governing public and private trees. In 1971, the City Council added “Protection of City Street Trees” to Title 11 of the Burlingame Municipal Code (BMC), taking another important step towards protection of these important resources. The City Council went further through the addition of BMC Chapter 11.06, “Urban Reforestation and Tree Protection,” adding protections for the rest of the urban forest. Revisions to this Chapter later took place in 1992 and 1998. For many years, these two Chapters have established a framework for protection of, and investment in, the City’s urban forest. However, many aspects of the code have failed to keep pace with present arboriculture practices, financial relevance, and the evolving legal landscape. To ensure the City’s program remained robust in the absence of code updates, the City joined other municipalities by establishing an Urban Forest Management Plan (UFMP). The UFMP details City rules, recommendations, and practices in managing the urban forest. The UFMP is a dynamic document that is updated regularly. Many other public agencies have focused on the development of this document to better communicate with the community about their urban forest. However, the Update of Tree Ordinance October 7, 2024 2 UFMP simply cannot overcome many of the challenges presented by the City’s outdated Municipal Code. The bulk of the City’s present tree codes has not been updated in 25 years, with some elements remaining unchanged for over 50. In contrast, the UFMP was updated only three years ago in 2021. Work Towards an Update As staff began to consider potential amendments to Title 11, it first began with a significant review and discussion of other agencies’ codes and experiences. This included, but was not limited to, the cities of Palo Alto, Menlo Park, Sacramento, Pasadena, and Santa Barbara. This process initially began in 2018, under a different City Arborist and a different City Attorney. Their suggesti ons, as well as those of other City Departments, elected and appointed officials, and community members, have helped influence these proposed changes. Prior to this meeting, staff had focused on general ideas and concepts regarding the proposed changes. The evolution of these ideas is captured in the summary below, which has ultimately led to the Ordinance language provided for consideration today. Recent Hearings and Input - 2023 At the November 2, 2023, meeting of the Beautification Commission, staff presented the proposed updates and held the first public hearing. Minutes from that meeting are attached in Exhibit B. Many community members expressed concern over some of the proposed changes, including:  The rate at which protected size trees have been recently removed  The number of tree removals approved as a result of development  The limited amount of public involvement in the removal process  That proposed fees may deter public involvement  Balancing the risk of failure against the community benefit of mature trees  The lack of public notification for tree removals Two weeks later, at the November 20, 2023, meeting of the City Council, staff presented proposed updates and received additional feedback from the Council and community. Minutes from that meeting are in Exhibit B. Feedback from the public included the following:  Lack of communication and coordination between the Beautification and Planning Commissions  The inclusion of an “undesirable” species list  That the proposed removal criteria would not go far enough to protect large trees  Suggestion that the City retain an independent arborist to perform evaluations when needed  Desire for larger-sized tree replacement requirements City Council members offered the following comments:  Concern over whether there should be a removal fee for a tree that perished naturally  Requested additional information on how SB 9 and other state-mandated developments would Update of Tree Ordinance October 7, 2024 3 impact the City’s ability to limit tree removals  Inclination towards City Manager review of specific appeals  Desire for options including the planting of smaller trees that naturalize more readily  Research of mechanism to assist with private tree maintenance and planting  Better definition of “undesirable” trees  Support for a City-hired arborist for evaluation of private trees (when necessary)  Different criteria for trees in wildland areas  Better outreach to new property owners regarding tree regulations  Desire to explore development re-design in order to preserve a tree Recent Hearings and Input - 2024 With the feedback received from the Beautification Commission and the Council in 2023, staff further revised the proposed updates. Staff then conducted another round of public review in 2024 before the Beautification Commission and the Planning Commission in advance of this presentation to the City Council. At the May 2, 2024, meeting of the Beautification Commission, staff presented further refinement of concepts to modernize the tree code. Minutes from that meeting are attached in Exhibit B. Concerns from the public included the following:  Tree removals in the name of development  Encouraging Beautification Commissioners to act as liaisons with businesses  Desire to have City approved arborists as the only qualified persons to provide reports related to City business  Concern regarding undesirable tree criteria inclusion in determination of tree removal  Concern about off-site plantings incentivizing maximum development of parcels  Belief that the largest and most unique trees should be protected at all costs Beautification Commissioners offered the following feedback:  Concern about incentivizing off-site planting and tracking the trees as “protected trees”  Concern that in-lieu fees encourage “pay to play” scenarios  Belief that undesirable criteria shouldn’t be included in determining tree removal  Support for City retained arborist to do private tree reports or a City-maintained list of approved arborists  Restriction of Tree Replacement Fund to plant City-owned trees, not maintain private trees The City next brought the refined proposals to the Planning Commission on May 28, 2024. Minutes from that meeting are attached in Exhibit B. At this meeting, the Commissioners heard the following concerns from the public:  The cost of fees being proposed  Concerns about cancellation of private home insurance due to tree failure risk  Difficulty removing invasive trees  Importance of native trees and plants for ecological support  Concerns about large trees causing power outages and reducing solar electricity production Update of Tree Ordinance October 7, 2024 4 Planning Commissioners offered the following feedback:  Doing more to discourage clear-cutting of property for non-protected trees  Concerns about trees, fire hazard, and challenges encountered with private home insurance  Concerns about trees becoming too large for their planting location (and associated risk)  Root conflict with structures  Suggestion of requiring more evergreen trees  Support for staff adjusting requirements based upon site conditions  Support for alternative design for large tree retention At the June 17, 2024, City Council meeting, the culmination of the concepts explored during previous meetings was shared with the City Council. The staff report and minutes from this meeting are attached in Exhibit B. The Council shared the following sentiments:  Support for staff discretion in management and implementation of Title 11  Support for off-site plantings for the benefit of the urban forest  Support for designated independent arborists  Support for the updated protected tree definition  Concern that the City is not being restrictive enough regarding trees and development  Suggestion of incentivizing native tree plantings  Suggestion of greater community outreach  Suggestion of greater research with regard to homeowner’s insurance challenges During public comment at this meeting, the following commentary was shared:  Concern that view-clearance pruning is not being represented in the update  Concern that large-canopy trees significantly increase risk and cost to property owner  Support of utilizing public funds for the care of private trees for the benefit of the community  Suggestion of basing reforestation on total impervious area with regard to development  Suggestion of a requirement of large-canopy trees  Suggestion of limiting trees in hillside view areas to ten feet The culmination of feedback received from the Beautification Commission, Planning Commission, and City Council, as well as public comment received at the five public meetings held, have resulted in the draft ordinance language attached as Exhibit A to this staff report. Staff believes this language has incorporated a balanced approach to the retention and growth of large canopy trees that significantly contribute to the community and the reasonable development of private properties. This draft ordinance language is in line with modern arboriculture practices, is similar to those in other responsible and tree-focused public agencies, and works to achieve many desires of the community. Some of the concerns and suggestions received are better addressed through City policies, which can be done in part through updates to the Urban Forest Management Plan (UFMP) and through adoption of administrative implementing regulations. The Ordinance is intended to operate as the frame work of authority for City staff to foster the qualities of the desired urban forest. Policies, regulations, and the UFMP are more routinely updated to reflect the greater details involved in the changing dynamics of the community. Update of Tree Ordinance October 7, 2024 5 DISCUSSION The June 17, 2024 staff report describes proposed regulations for Development and Redevelopment, Public Notice, Appeal of Removal Decisions, and Penalties. Those provisions have not changed, and the details are found in that staff report, attached in Exhibit B. Updated Draft Ordinance The proposed Ordinance has considered various Council, Commission, and public comments. At times, and as is often the case with discussion of such an important topic, these comments were not always congruent and evidenced the diverse array of opinions on this topic. To provide the best possible legislation for consideration, staff has further researched recent modernizations of tree- related municipal codes at agencies that have a proven high regard for tree retention and pr omotion in the urban environment. Additionally, staff seeks to remedy challenges with the current code to ensure staff has a greater means of following the spirit of Burlingame’s history of prioritizing the urban forest. Based upon this research and recent public comment received, staff is proposing the following changes to previously presented concepts. Replacement and Reforestation Requirements After further research of replacement requirements, staff learned that the planting of larger sized nursery trees has been very challenging for other agencies. This is due to the limitation of available specimens in larger sizes as well as companies that perform this type of work. These specimens can be cost-prohibitive as well, often requiring a property owner to pay over $10,000 per tree. Installation requires heavy machinery that frequently limits planting opportunities to the front of the residence, near the street. Additionally, current arboricultural study has shown smaller container trees naturalize more quickly and, depending on species and container size, will usually reach the same size as a larger container tree planted at the same time within several years. For these reasons, staff has adjusted the planting requirements as follows: A tree replacement plan for private Protected Trees located on lots that include single or two-unit dwellings must provide for the replacement as follows: TRUNK DIAMETER (DSH) REPLACEMENT LANDSCAPE TREE* 14 inches to 29 inches One – 24 Inch Box or Two – 15 Gallon Containers > 30 inches to 45 inches One – 36 Inch Box, Two – 24 Inch Box, or Four – 15 Gallon Containers > 45 inches Two – 36 Inch Box or Three – 24 Inch Box Any other tree replacement plan for properties not described above: DSH EQUIVALANT REPLACEMENT LANDSCAPE TREE CONTAINER SIZE One-Inch 15-Gallon Container Two-Inch 24-Inch Box Three-Inch 36-Inch Box Four-Inch 48-Inch Box Five-Inch 60-Inch Box Update of Tree Ordinance October 7, 2024 6 Where trees cannot be replaced on-site (or, subject to the approval of the Director, off-site within the neighborhood) as required, staff proposes that the Director approve an in-lieu fee payable to the Tree Replacement Fund to be utilized for the planting and fostering of young trees elsewher e in the urban forest. The proposed update increases the size and quantity of trees needing to be planted dependent upon the size of the tree being removed or the proposed development. It also differentiates replanting requirements between typical residences and large commercial/mixed use/residential properties. The in-lieu fee amount(s) would require a fee study, but a similar fee in the City of Sacramento is set to $325/one-inch DSH of tree removed. Incentivization of Native Trees Through public comment, the community emphasized replanting of native trees. Some native trees are well-adapted to Burlingame’s climate and often provide a significantly sustainable planting option for the local environment. Other native trees require specific micro-climate requirements such as significant water use or greater area for surface roots to develop. Recognizing that some native trees may be appropriate for a private property planting, such as (but not limited to) native oaks and redwoods, staff is proposing that such native trees and plants could be planted at less than the required quantity of a typical replacement plan. A “Native Tree and Plants” list would be created and maintained by the Director of Parks and Recreation, via implementing regulations, allowing it to be updated from time to time. The “Native” replacement requirement for one and two-unit dwellings would appear as follows: TRUNK DIAMETER REPLACEMENT LANDSCAPE TREE* 14 inches to 29 inches One –15 Gallon Container > 30 inches to 45 inches One – 24 Inch Box, or Two – 15 Gallon Containers > 45 inches One – 36 Inch Box or Two – 24 Inch Box Similarly, the DSH credit received for Native planting in all other developments would be double the credit received for under non-native tree plantings: DSH EQUIVALANT REPLACEMENT LANDSCAPE TREE CONTAINER SIZE Two-Inch 15-Gallon Container Four-Inch 24-Inch Box Six-Inch 36-Inch Box Eight-Inch 48-Inch Box Ten-Inch 60-Inch Box Next Steps This staff report is meant to capture a summarized history of this important item, and to highlight specific changes made since the last City Council discussion in June of this year. To obtain a more detailed history of the item, staff has attached Exhibit B with the most recent City Council staff report from June 17, 2024, as well as the minutes from each public hearing held for this item over the past year. Update of Tree Ordinance October 7, 2024 7 Following review and discussion of the draft Ordinance, the City Council has various options regarding this item. If the Council believes that the item requires significant changes, staff will implement any new direction and return at a later date. Council may also direct staff to present the revised Ordinance to one or more Commissions for additional feedback. Alternatively, should the Council feel the proposed draft Ordinance is near finalization (or that only a few issues remain), the Council could direct staff to implement any given direction and begin California Environmental Quality Act (CEQA) review for the item. Once CEQA review is completed, staff would then return to the City Council for a first reading of the proposed Ordinance. Finally, please note that small refinements to the language of the Ordinance may be required, either based on further staff review, or potentially to comply with CEQA guidelines. However, staff anticipates that all concepts and regulations presented will remain unchanged. If substantive changes are necessary, staff will return to the Council to obtain direction. FISCAL IMPACT Tree Replacement Fund The proposed update includes a mechanism to help fund the care and maintenance of the urban forest: the Tree Replacement Fund. This newly created fund, which has been discussed at prior meetings on this topic, would be the repository for many of the proposed updates, including in-lieu fees and civil penalties. This fund would primarily be used for tree planting and preservation programs but would also be available for City Council-directed programs consistent with this purpose. Other Fiscal Impacts Staff anticipates an increase in the appeal fee for tree removal, which will now fully recover the cost of the appeal hearing. Staff also forecasts an increase in expenditures due to expanded public noticing and mailing costs, as well as an additional 500 staff hours per annum to process the new noticing requirements. Exhibits:  Exhibit A: Proposed Ordinance  Exhibit B: June 17, 2024 City Council Staff Report and Minutes from Previous Public Meetings STAFF REPORT CITY COUNCIL 6/17/2024 1 STAFF REPORT AGENDA NO: 11a MEETING DATE: June 17, 2024 To: Honorable Mayor and City Council Date: June 17, 2024 From: Richard Holtz, Parks Superintendent and City Arborist – (650) 558-7333 Scott Spansail, Assistant City Attorney – (650) 558-7275 Subject: Discussion of Tree Ordinance Update RECOMMENDATION Staff recommends that the City Council review the updated concepts for modifying the Tree Ordinance and provide direction. Staff also recommends that Council’s feedback include, but is certainly not limited to, the following topics:  The process of tree removals when related to development applications  The proposed criteria for when a tree may be removed  The proposed expansion of Public Noticing  The proposed appeal processes  The proposed replacement and reforestation requirements (and in-lieu fees)  Allowance of off-site plantings (within 300’ of property) to qualify for replacement/reforestation requirements  Whether staff should have authority to adjust plantings according to site conditions, and commensurate replacement requirements warranted by site conditions  The proposed “Landscape Tree” definition  Potential uses for the newly created Tree Replacement Fund Additionally, staff requests City Council direction on whether additional hearings should be conducted at the Beautification and/or Planning Commissions prior to returning to the City Council with a proposed Ordinance. BACKGROUND History of Title 11 The City of Burlingame has long had a special relationship with its urban forest. Only a few months after the City was incorporated in 1908, the City enacted its first municipal code to protect a historic grove of trees. Over the years, the community and civic leaders sought to invest in, regulate, and protect the urban forest by updating the rules governing public and private trees. In 1971, the City Council added “Protection of City Street Trees” to Chapter 11.04 of the Burlingame Municipal Code (BMC), taking another important step towards protection of these important resources. The City Update of Tree Ordinance June 17, 2024 2 Council went further with the addition of BMC Chapter 11.06, “Urban Reforestation and Tree Protection,” adding protections for the rest of the urban forest. Revisions to this Chapter later took place in 1992 and 1998. For many years, these two Chapters have established a framework for protection of, and investment in, the City’s urban forest. However, the bulk of the City’s present tree codes have not been updated in 25 years, with some elements remaining unchanged for over 50. For that reason, many aspects of the Municipal Code have not kept pace with present arboriculture practices, financial relevance, and the evolving legal landscape. To ensure the City’s program remained robust in the absence of code updates, the City of Burlingame, like other municipalities, established an Urban Forest Management Plan (UFMP). The UFMP details City rules, recommendations, and practices in managing the urban forest. The UFMP is a dynamic document that is updated regularly; the most recent version was adopted in 2021. Many other public agencies have focused on the development of this document to better communicate about their urban forest with the community. However, the UFMP simply cannot overcome many of the challenges presented by the City’s outdated Municipal Code. Work Towards an Update The update process began in 2018, under a different City Arborist and a different City Attorney. The process first began with a significant review and discussion of other municipalities’ codes and experiences. This included, but was not limited to, the cities of Palo Alto, Menlo Park, Sacramento, Pasadena, and Santa Barbara. Their suggestions, as well as those of other City Departments, elected and appointed officials, and community members, have helped influence the changes that are being proposed today. Staff is hopeful that this series of hearings will help further the conversation regarding future amendments, which will ultimately modernize this important aspect of the Municipal Code. Recent Hearings and Input - 2023 At the November 2, 2023, meeting of the Beautification Commission, staff presented the proposed updates and held the first public hearing. Minutes from that meeting are attached as Exhibit A. Many community members expressed concern over some of the proposed changes, including:  The rate in which protected size trees have been recently removed  The number of tree removals approved as a result of development  The limited amount of public involvement in the removal process  That proposed fees may deter public involvement  Balancing the risk of failure against the community benefit of mature trees  The lack of public notification for tree removals Two weeks later ,at the November 20, 2023, meeting of the City Council, staff presented proposed updates and received additional feedback from the Council and community. Minutes from that meeting are attached as an exhibit to this staff report. Feedback from the public included the following: Update of Tree Ordinance June 17, 2024 3  Lack of communication and coordination between the Beautification and Planning Commissions  The inclusion of an “undesirable” species list  That the proposed removal criteria would not go far enough to protect large trees  Suggestion that the City retain an independent arborist to perform evaluations when needed  Desire for larger-sized tree replacement requirements City Council members offered the following comments:  Concern over whether there should be a removal fee for a tree that perished naturally  Requested additional information on how SB 9 and other state-mandated developments would impact the City’s ability to limit tree removals  Inclination towards City Manager review of specific appeals  Desire for options including the planting of smaller trees that naturalize more readily  Research of mechanism to assist with private tree maintenance and planting  Better definition of “undesirable” trees  Support for a City-hired arborist for evaluation of private trees (when necessary)  Different criteria for trees in wildland areas  Better outreach to new property owners regarding tree regulations  Desire to explore development re-design in order to preserve a tree Recent Hearings and Input- 2024 With the feedback received from the Beautification Commission and the Council in 2023, staff further revised the proposed updates. Staff then conducted another round of public review in 2024 before the Beautification Commission and the Planning Commission in advance of this presentation to the City Council. At the May 2, 2024, meeting of the Beautification Commission, staff presented further refinement of concepts to modernize the tree code. Minutes from that meeting are attached as Exhibit C. Concerns from the public included the following:  Tree removals in the name of development  Encouraging Beautification Commissioners to act as liaisons with businesses  Desire to have City approved arborists as the only qualified persons to provide reports related to City business  Concern regarding undesirable tree criteria inclusion in determination of tree removal  Concern about off-site plantings incentivizing maximum development of parcels  Belief that the largest and most unique trees should be protected at all costs Beautification Commissioners offered the following feedback:  Concern about incentivizing off-site planting and tracking the trees as “protected trees”  Concern that in-lieu fees encourage “pay to play” scenarios  Belief that undesirable criteria shouldn’t be included in determining tree removal  Support for City retained arborist to do private tree reports or a City-maintained list of approved arborists  Restriction of Tree Replacement Fund to plant City-owned trees, not maintain private trees Update of Tree Ordinance June 17, 2024 4 The City next brought the refined proposals to the Planning Commission on May 28, 2024. Minutes from that meeting are attached as Exhibit D. At this meeting, the Commissioners heard the following concerns from the public:  The cost of fees being proposed  Concerns about cancellation of private home insurance due to tree failure risk  Difficulty removing invasive trees  Importance of native trees and plants for ecological support  Concerns about large trees causing power outages and reducing solar electricity production Planning Commissioners offered the following feedback:  Doing more to discourage clear-cutting of property for non-protected trees  Concerns about trees, fire hazard, and challenges encountered with private home insurance  Concerns about trees becoming too large for their planting location (and associated risk)  Root conflict with structures  Suggestion of requiring more evergreen trees  Support for staff adjusting requirements based upon site conditions  Support for alternative design for large tree retention Staff has been very pleased with the amount of feedback received, from both the Commission and the public, and has incorporated many of the proposed concepts in the most recent update provided below. DISCUSSION Development and Redevelopment Mandated Ministerial Approvals on Tree Removals The Burlingame community has seen a large increase in commercial and residential development and redevelopment projects over the past decade. Some of this increase in development has been driven by recent changes in state law regarding the development of specific housing projects, which supersede Burlingame’s local regulations. These new laws, aimed at increasing the speed and efficiency in which residential units are built throughout the state, require “ministerial approval” of projects that meet certain requirements. “Ministerial approval” means that the process for approval must include no subjective judgment by a City official or Commission. This includes recent state laws addressing the ministerial approvals of Accessory Dwelling Units, as well as projects qualifying for review under the rules of Senate Bill 9. Staff believes that these state laws, which preclude the City creating an objective standard that would prohibit the construction of the residential unit, would also supersede the City’s ability to deny a tree removal permit if necessary to construct the project. However, staff believes that the City can still impose most other requirements within a tree permit, including replacement requirements or fees, which are discussed below. Update of Tree Ordinance June 17, 2024 5 While staff believes the City is very limited in its ability to review tree removals in housing projects requiring ministerial approval, that is not the case in most other inst ances. The proposed code update expressly calls out the importance of trees and the impact of construction on remaining trees. The update will include protection requirements for trees to remain, retention of a project arborist for large developments or those significantly impacting a mature tree to be retained, and submission of arborist reports. Tree Removals for Discretionary Projects Members of the public have voiced concern that the current code already allows too many trees to be removed due to construction activity. The present code does provide for tree removal to allow “the economic enjoyment” of a property (BMC 11.06.010). The proposed redefinition of this is as follows: “That the tree must be removed to use the property for any City authorized or permitted use under Title 25 (the Zoning Ordinance) for the zoning district in which the property is located, and the use could not be made of the property unless the tree is removed.” Staff believes a balanced approach must be taken to ensure reasonable development is not stalled in many instances. Staff recommends that instead of requiring a process where an applicant must apply for both a tree removal permit and a development permit, a development application should list proposed tree removals, and those removals should become part of the Planning Commission approvals for the project. In such instances, the City Arborist will provide a recommendation to the Planning Commission regarding these removals and tree protection measures. Any approvals for tree removals, as well as requirements for tree protection and replanting, would be incorporated into the approved project as part of the Planning Commission’s overall project approval process. Staff will work with Community Development staff and the Planning Commission to ensure Planning Commissioners understand their role of considering proposed development with relationship to protected trees. Proposed Changes to Tree Removal Criteria Mature trees contribute significantly to the benefits of an urban forest. It is the City’s goal to retain healthy mature trees that are appropriately selected for their location. The benefits a well-placed tree can contribute to a community are vast and include many health benefits for residents. When a tree is considered for removal, a criterion is established and administered by the Parks and Recreation Department in accordance with the UFMP. The proposed update codifies past department practice by identifying which reasons for tree removal approvals are appealable, and which body or bodies will have authority to consider appeal proceedings. One of the criteria that received both support and criticism is the determination of the City Arborist that a tree species is less desirable. This criterion has been removed as a sole reason for removal, and instead staff proposes to add species undesirability as one factor to weigh amongst all others when considering removal. Staff will not be proposing an “undesirable tree” list maintained by the City, nor a restriction of appeal rights based on this reasoning. Update of Tree Ordinance June 17, 2024 6 An additional criterion proposed is that of root/infrastructure conflict. Frequently, staff sees healthy, albeit misplaced, trees creating conflict with structures and utilities. Staff believes specific criteria and definitions surrounding roots and potential mitigation measures for tree retention should be included to both encourage exploration of mitigation measures for tree retention and, where not feasible, support the removal of the tree. Concern has also been expressed regarding the loss of mature trees that contribute significantly to the community. For this reason, staff is proposing a factor for consideration that weighs the overall environmental benefits a tree may contribute to the community prior to approval. Staff will continue to work with the Community Development Department to determine if zoning adjustments will be necessary in order to retain a tree that would otherwise be in conflict with proposed development. Public Notice Presently, the public notice requirement for private protected tree removals is within 100’ of the subject property. The proposed code will include language that allows the Parks and Recreation Director to expand the notification area and require physical and/or electronic postings and notifications dependent upon the impact the tree has on a neighborhood. Public notice of tree removals of City trees that are 14” Diameter at Standard Height (DSH) and larger will also be included in the increased public notice requirement. Appeal of Removal Decisions Members of the public have expressed significant concern with the (previously proposed) limiting of appeal rights based upon the reason for removal. Staff is now proposing that the only time an appeal is not available is when a protected private tree is dead, dying, or qualifies as an emergency removal (active failure). However, even in these situations, public notice of the removal would still occur. As discussed in the Development section above, staff recommends that if a development project requires Planning Commission approval and proposes the removal of protected trees, then the decision regarding tree removal will be made by the Planning Commission as part of its other land use approvals for the project. Currently, any appeals of the Planning Commission decision go to the City Council. Therefore, any tree removals approved by the Planning Commission would then be heard, as an overall appeal of the development project, by the City Council. Staff also proposes the appeal of a privately-owned protected tree removal (that is unrelated to a development or redevelopment application that requires Planning Commission review or state- mandated ministerial approval) continue to be heard by the Beautification Commission. Currently, appeals of the Beautification Commission go to the City Council. However, in this proposed update, staff recommends that appeals of the Beautification Commission be heard by a hearing officer or body designated by the City Manager. As noted in the Development and Redevelopment section of this staff report, removal of a tree that would otherwise physically preclude the development of a state-mandated ministerial project (SB9, ADU) would not be appealable, as this would be in violation of state law. Update of Tree Ordinance June 17, 2024 7 City-owned trees are presently not subject to appeal, and staff does not recommend a change to this practice. Replacement and Reforestation Requirements Whether due to removal of a protected tree or as a result of development, tree plantings of specific sizes and quantities are required under the current code and continue in the proposed update, with some changes. These trees are intended to be retained for the benefit of the entire community. Trees provide significant benefit and are considered as critical infrastructure when planted in the City right-of-way (ROW). Staff proposes replacement schedules as follows: 1. A tree replacement plan for private protected trees located on lots that include single or two- unit dwellings must provide for the replacement as follows: TRUNK DIAMETER REPLACEMENT LANDSCAPE TREE* to 20 inches One – 24-inch box or two – 15-gallon > 20 inches to 30 inches One – 36-inch box, or two – 24-inch box, or four 15-gallon > 30 inches to 40 inches Two – 36-inch box, or three – 24-inch box, or six 15-gallon > 40 inches to 50 inches One – 48-inch box, or two – 36-inch box, or four – 24-inch box > 50 inches Two – 48-inch box, or three – 36-inch box, or five – 24-inch box *Replacement Landscape Trees are a woody perennial usually having one dominant trunk and a mature height of greater than 15 feet and mature width of 10 feet at twenty years of age according to the United States Department of Agriculture, Natural Resources Conservation Service, PLANTS Database, or similar database as designated by the Director. Trees must be in good health, standard form, and meet the above definition of a landscape tree. The Director reserves the right to require specific species and/or size landscape trees as replacement. Off-site plantings within the 300’ neighborhood will be considered at the sole discretion of the Director or City Arborist. A tree replacement plan for private protected trees located on all other lots (including commercial development) must provide for the replacement of trees at a ratio of one-inch DSH of tree replaced for each inch DSH of tree removed (1:1 ratio). The following equivalent sizes shall be used whenever new trees are planted (either on-site or off-site) pursuant to a tree replacement plan: DSH EQUIVALENT REPLACEMENT LANDSCAPE TREE CONTAINER SIZE One Inch 15-gallon container Two Inch 24-inch box Three Inch 36-inch box Four Inch 48-inch box Where trees cannot be replaced on-site or off-site within the neighborhood (defined as within 300’ of subject property) as required, staff proposes that the applicant pay an in-lieu fee or apportioned amount payable to the Tree Replacement Fund, to be utilized for the planting and fostering of young trees elsewhere in the urban forest. The proposed update increases the size and quantity of trees needing to be planted, dependent upon the size of the tree being removed or the proposed development. It also differentiates replant requirements between typical residences and large commercial/mixed use/residential properties. Update of Tree Ordinance June 17, 2024 8 2. Reforestation requirements related to development are proposed as follows: Development Reforestation Requirements. A development or redevelopment project must include reforestation of the subject property with landscape trees as required below: DEVELOPMENT TYPE REFORESTATION PLAN REQUIREMENTS One and Two-Unit Dwellings One Landscape Tree/ 1,000 Square Feet of Habitable Space Multi-Unit Dwellings/Mixed Use Buildings One Landscape Tree/ 2,000 Square Feet of Structural Lot Coverage Commercial/Industrial Zoning One Landscape Tree/ 5,000 Square Feet of Structural Lot Coverage Existing trees on the parcel that meet current City criteria may qualify as credit toward replanting/reforestation requirements. This section also provides deference for the Director to adjust or waive replanting requirements prior to Planning Commission approval in development projects, or when considering a private protected tree removal permit application. Penalties Based upon the feedback received from the Beautification Commission, Planning Commission, City Council, and members of the community, the previously discussed portions of the code relating to violations, penalties, remedies, definitions, and benefits were well-received concepts. However, these concepts have been further refined following additional research. First, staff proposed to raise the fine amount for violators to $1,000 per violation. This is the maximum amount permitted under California Law (Cal. Gov’t Code 36901). However, in addition to the larger fine amount, staff also proposes to require restitution for any violation that results in the loss or damage of a tree, either through in-kind replanting or payment of an amount up to the tree’s appraised value. Finally, staff is proposing to explicitly state that violations of this Title can be prosecuted as a misdemeanor by the City Attorney. Together, staff believes these stronger penalties will discourage potential violators from illegally removing trees. However, due to the increased fine and restitution amounts, even an illegal removal will result in action that will help to restore the loss to the urban forest. FISCAL IMPACT Tree Replacement Fund The proposed update also includes a mechanism to help fund the care and maintenance of the urban forest: the Tree Replacement Fund. This newly created fund would be the repository for many of the proposed updates, including in-lieu fees and the civil penalties discussed above. This Update of Tree Ordinance June 17, 2024 9 fund would primarily be used for tree planting and preservation programs but would also be available for City Council-directed programs consistent with this purpose. Other Fiscal Impacts Staff anticipates an increase in the appeal fee for tree removal, which will now fully recover the cost of the appeal hearing. Staff also forecasts an increase in expenditures due to expanded public noticing and increased mailing costs, as well as an additional 500 staff hours per annum to process the new noticing requirements. Attachments  Exhibit A: Minutes from Beautification Commission Meeting - November 2, 2023  Exhibit B: Minutes from City Council Meeting - November 20, 2023  Exhibit C: Minutes from Beautification Commission Meeting - May 2, 2024  Exhibit D: Minutes from Planning Commission Meeting – May 28, 2024 MINUTES BEAUTIFICATION COMMISSION 11/3/2023 BURLINGAME BEAUTIFICATION COMMISSION Approved Minutes November 2, 2023 The regularly scheduled meeting of the Beautification Commission was called to order at 6:30 p.m. by Chair Bauer. ROLL CALL Present: Absent: Staff: Chair Bauer, Commissioner Khoury, Kirchner and Batte (arrived at 6:38 p.m.) Commissioner Chu Parks and Recreation Director Glomstad, Parks Superintendent/City Arborist Holtz, and Recording Secretary Diaz Others: None MINUTES Chair Bauer made a motion to approve the October 5, 2023, Regular Meeting minutes. The motion was seconded by Commissioner Khoury and was approved. 3-0-0 (Batte was absent) CORRESPONDENCE None PUBLIC COMMENT Jennifer Pfaff stated that she had an idea to honor the trees of Burlingame. She suggested that the community be able to nominate a tree of their choice, and that tree get an award. Ms. Pfaff stated that there are landscape awards. Dale Perkins did paintings to honor trees, and it was her idea to broaden the beautification awards. OLD BUSINESS 1. Continuation of Public Hearing to Consider an Appeal of the City Arborist's Approval of the Removal of a Protected Private Tree at 1134 Douglas Ave Parks Superintendent Holtz summarized the staff report for the Commissioners and why he approved removing the tree. He noted that at the last meeting, there was a question about ownership and that the item was continued to allow more time to determine ownership. Parks Superintendent Holtz also noted that at the previous meeting, there was a discussion about 1132 Douglas Ave. taking liability for the tree at 1134 Douglas Ave. He stated that no agreement had been reached to his knowledge. Parks Superintendent Holtz stated that Commission action was required to determine if the application met the conditions for removal under the Municipal Code. Chair Bauer questioned if there were any updates from the tenant at 1132 Douglas Ave. Parks Superintendent Holtz stated no updated information had been received since the last meeting. Chair Bauer opened the floor to public comment from parties not part of the action. driveway, and other trees ... and, (d)(7) the economic consequences and obligations of requiring a tree to remain, which stay with the owner of the tree. Parks Superintendent Holtz stated the parties can work out an agreement privately, but the determination of whether the tree meets that threshold for removal was the decision before the Commission. Commissioner Batte questioned who is financially responsible for the tree removal cost. Parks Superintendent Holtz stated that the tree owner would take on the cost. He said that 1134 Douglas Ave. owns the tree and overhangs onto 1132 Douglas Ave. The tree could be pruned by 1132 Douglas Ave. without permission from 1134 Douglas Ave. up to 25% over their property line so long as it does not cause tree failure or health issues. Commissioner Kirchner stated that at the end of last month's meeting, a survey was suggested to determine the tree's ownership as it seems right on the property line. He stated that he was not aware of any survey being done. Therefore, the purview remains with the owner of 1134 Douglas Ave. Commissioner Kirchner noted that he favored removing the tree per the City Arborist's recommendation due to the current conditions of the tree and per the ordinance. Chair Bauer stated that she agreed with Commissioner Kirchner and favored removing the tree due to its leaning and maintenance cost. She said putting the liability and cost on the owner of 1134 Douglas Ave was unreasonable. Commissioner Khoury stated that everyone on the Commission loved and wanted to protect the trees of Burlingame. However, there were times when a tree needed to be removed. She stated her concern is the cost and many years of required maintenance. Commissioner Koury said that per the City Arborist's recommendation to remove the tree, she agreed due to the tree leaning and the amount of trimming needed, potentially creating a broccoli tree. Chair Bauer made a motion to deny the appeal for the removal of 1134 Douglas Ave. The motion was seconded by Commissioner Batte and approved 4-0-0. Chair Bauer stated the tree at 1134 Douglas Ave. could be removed after the property owner received the written Commission determination via mail. She stated that to appeal the Commission's decision to the City Council, an appeal should be filed with the City Clerk's office and an appeal fee of $614.00. NEW BUSINESS 1.Update to Burlingame Municipal Code (BMC) Chapter 11 (Trees and Vegetation) Parks Superintendent Holtz stated that he would be discussing proposed updates to Chapter 11 of the Burlingame Municipal Code (BMC). He shared that some elements of the City's present tree code had not been updated in 52 years. In 2018, a different City Arborist and City Attorney began the process. Parks Superintendent Holtz stated that there would be several future meetings to discuss the matter but would be sharing concepts with the Commission and the community to get feedback before presenting to the Council and then beginning to develop language changes to the Code. He stated that he had looked at other cities' municipal codes, including Palo Alto, Menlo Park, the City of Sacramento, Pasadena, and Santa Barbara. Parks Superintendent Holtz stated the goals to be addressed by updated BMC Chapter 11 would be to define terms and roles which would identify what parties, including City staff and Commission, had authority, address development to stress the importance of mature tree retention, establish removal criteria to clearly define what requirements must be met, increase replacement requirements, and increase penalties for failure to follow the Code including criminal prosecution by the City Attorney. Parks Superintendent Holtz stated that the American National Standards Institute (ANSI) and the International Society of Arboriculture (ISA) were industry leaders in arboriculture. He noted some terms were being looked at and incorporated into the Code, as well as specific roles for the Parks and Recreation Director, the City Arborist, the City Manager, the Beautification Commission, and the Planning Commission. Parks Superintendent Holtz stated that currently, for development projects, he was not seeing the tree removal application until the plans had been approved. He wanted to discuss that process with the Community Development Department staff and the Planning Commission. Parks Superintendent Holtz stated that there had been an improvement in protection measures for mature trees during development in recent years. He said it was important to encourage the retention of large trees and recognize the important community benefit that these large mature trees play in our community. Parks Superintendent Holtz stated that the Planning Commission's role would need to be defined to establish their ability and authorization to request or require changes to retain a mature protected tree. He stated that sometimes, depending on the site condition or development, the planting space is limited and frequently excused. The new Code could utilize funds or alternative planting elsewhere in the urban forest for the community's benefit. He stated that he would also like to be able to empower staff to stop work when any of these measures are not being followed. Parks Superintendent Holtz stated the proposed update would clarify reasons for tree removal, identify which are subject to public notification/discussion, the appeal process, and the fees, as it requires a significant amount of mailing. He stated that the Beautification Commission is currently the leader for the appeal process in most situations, followed by the City Council. Other communities have appeals overseen by the City Manager. Parks Superintendent Holtz stated that a dead tree should be non-appealable, although some residents think it could be a living space for critters. He said the Tree Risk Assessment ratings had four levels: low, moderate, high, and extreme. When a tree was in the high or extreme rating, and there was no appropriate mitigation measure to reduce the likelihood of failure, it should be non-appealable if the City Arborist agreed with the independent Arborist report. Parks Superintendent Holtz stated that the tree health rating would be a tree that was mostly dead or had a known terminal disease that limited its life within the next year should be non-appealable. He also stated that some communities have a list of non-desirable species that are not considered appropriate for the urban environment due to their increased risk or propensity to be invasive. These communities exempt the species from the appeal process, and Palo Alto exempts them from the application process. Parks Superintendent Holtz stated that all trees should be subject to the application process because replacement trees should be protected. Parks Superintendent Holtz stated that if a tree was causing verifiable structural damage or damage to a home via a structural engineer, it should not be appealable. He said that applications due to interference with utilities would be appealable. Parks Superintendent Holtz stated that replacement requirements are currently on a 1: 1 basis. He said that where trees could not be replaced on the required basis, payment would be required to the Tree Replacement Fund to be utilized for planting and fostering young trees elsewhere in the urban forest. If a larger tree was removed, there should be greater planting requirements. Parks Superintendent Holtz stated that there should be more flexibility for the City Arborist to adjust planting requirements to site conditions. There are large properties that could accommodate more trees. He stated that he had been working with the Assistant City Attorney on ways to recover the value of the removed trees. The City aimed to educate the public on tree benefits and Burlingame's rules for protected trees. Parks Superintendent Holtz shared some penalty scenarios: the property owner removed a dead pine tree without a permit, the City's goal is to educate the property owner and require a permit post removal and a replacement. When a property owner tops a 100' redwood tree to 60' without a permit, the City would educate the homeowner and require a permit post excessive pruning and payment to the Tree Replacement Fund proportionate to the tree canopy removed. Lastly, if the property owner removed a 60' cedar tree after being denied a permit to do so, the City would consider criminal prosecution, and the owner would be required to obtain a permit and make a payment to the Tree Replacement Fund to treble the value of the tree and require replanting. Parks Superintendent Holtz stated that this was the beginning stage of the Code update. He didn't have specific language to share yet, but there would be multiple opportunities for public comment at future Council meetings. He stated that the current Code dealt with City and private trees separately and would like them all considered protected trees. Commissioner Kirchner stated that he is interested in refining the replacement requirements and that the replacement trees are automatically protected no matter their size. He questioned how it would be documented or how the tree would be attached to a property owner or a developer. Parks Superintendent Holtz stated that an asset management system called Arbor Access was currently being used for the City trees. He said there is an element in the system that could be used to track private trees. Commissioner Kirchner stated that he would like the Commission to be able to review the tree removal applications that are related to development. Parks Superintendent Holtz questioned at what stage that would be in. Commissioner Kirchner stated it would have to be in the preliminary stage. He said there were rules that if you are within the footprint allowed by building codes, there is no option, and the trees must be removed. He was looking forward to the pricing requirements for replacements. Chair Bauer stated that she would like to see that the greater the trunk diameter, the greater the replacement requirement. She said that she did not think there should be an option to do eight smaller 15-gallon trees and liked the first level of the removal replacement schedule. Parks Superintendent Holtz stated that the smaller the container that was planted, the faster the tree would acclimate and grow, and the longer the trees had been in containers and sized up, the longer it could take to acclimate. From a quantity perspective, he stated that eight smaller 15-gallon trees would do more for the urban forest than one tree. Commissioner Khoury questioned if a 15-gallon tree was well maintained could it catch up to a 24-inch box tree. Parks Superintendent Holtz stated it could take a couple of years. He stated that it was harder to get larger trees planted in homes built on hillsides and would require small trees to be planted instead. Park Superintendent Holtz stated a challenge for Menlo Park was that it was hard for replacements to take place when the residents are on a fixed income. Chair Bauer opened the floor to public comment. Leslie McQuade stated that residents were parking between the new Citridora trees planted along Easton. Ms. McQuade noted that the Commission should work with realtors to stress the importance of trees in the community to new residents coming to Burlingame and builders. She stated that it was important to keep the big trees as Burlingame is a City of trees. Gerard Manning stated that he would like the Commission to consider changes to the Code. Mr. Manning said that trees overshadowed rooftops, and residents could not put in rooftop solar. He stated that the climate would change and that Burlingame's residents, who were among the richest communities in the world, were emitting more carbon dioxide. Mr. Manning stated that a solution was to electrify homes and use solar power. He said that we need to triple our electricity supply in California by 2045. We do not have a plan to bring in new transmission lines and would be stuck with power outages in the middle of heat waves, resulting in people going to the emergency room. Mr. Manning stated he would like the Commission to consider the pros and cons of tree retention concerning solar as they looked at the new Code. Jennifer Pfaff stated that she requested planting different trees besides maple trees. She said she was glad to hear that the new Code was expanding the definition of protected trees and the public benefit of including newly planted trees in new projects and renovations. Ms. Pfaff stated that in the last decade, she had witnessed dozens of trees that were lost. Gordon Foster, a resident of Burlingame for 43 years, stated when he moved to Morrell Ave., there were four big trees on the comer, and they were no longer there. He said he was worried about the number of big trees being removed. He was glad to hear about the updates to the ordinance and stated that large trees created fear and anxiety in residents, especially after big storms, but thought those were not valid reasons to remove a tree. Mr. Foster stated that he would like carbon sequestration to be a criterion when removing large trees and planting the replacements. Linda Ryan stated she was concerned about the time the process was taking because of climate change. Ms. Ryan said that her neighbor removed two big trees in front of her house eight years ago, which the City replaced. She stated it took eight years to walk under them and felt time was of the essence. She noted that it was important for the new ordinance to include notifying more neighbors of tree removals and giving them more time to appeal. Lastly, she wanted neighbors to be notified when tree removal work was to occur so they could plan accordingly, as some residents work from home. Ani Safavi said she was glad to hear that the ordinance was being updated after 50+ years. Ms. Safavi stated that her concern was that residents were not being informed when a tree was being removed. She stated the ordinance should apply to everyone because potential residents buying a house in Burlingame vs a developer may have different interests. Chair Bauer closed the floor to public comment. REPORTS Commissioner Kirchner reported that at the last City Council meeting where the landscape awards were handed out, there was a point about apartments or apartment balconies being included as part of the design award criteria. He stated that could be put on the agenda for next month's meeting to discuss. Commissioner Kirchner suggested that student drawings be given to the owner of the business award, which could be in memory of Dale Perkins. Chair Bauer stated there could be a competition with Arbor Day, and the drawing winner could become part of the landscape award. She stated that the guidelines for next year's landscape awards could be discussed at the next meeting. Commissioner Khoury reported that the Christmas lights were up and thanked Director Glomstad, the City Electrician, the Public Works Department, Jenny Kelleher, and Bay Luminations. She stated that the side streets could not get lights this year but would have holiday decorations, and 32 planters would be decorated with flowers. Director Glomstad reported that Parks Superintendent Holtz was working on door hangers for homeowners who got a City tree planted to provide information on the benefits and importance of watering trees. She stated that the door hangers should be ready for the next street tree planting. Director Glomstad also reported that Administrative Assistant Flores gave birth to a baby boy named Ezequiel. Both mother and baby are doing well at home. Lastly, the Tree Lighting is scheduled for Friday, December 1, 2023, and the Commission should confirm their attendance via email to Supervisor Crossfield. The Winter Craft Fair is scheduled for December 2 and 3. Parks Superintendent Holtz reported that City staff was hardworking and efficient in planting 38 Citriodora trees along Easton Drive. He stated that City staff was gearing up for winter preparations and that the city council had authorized significant work on Eucalyptus trees. ADJOURNMENT MINUTES CITY COUNCIL 11/20/2023 ACA Spansail asked if the Council wanted to permit the sale of hookah for off site consumption. The Council replied in the negative. b.DISCUSSION OF MODERNIZATION OF BURLINGAME MUNICIPAL CODE CHAPTER 11 (TREES AND VEGETATION) City Arborist Holtz stated that staff made a presentation to the Beautification Commission on November 2 about potential updates to the Burlingame Tree Ordinance. City Arborist Holtz reviewed the City's current challenges with Municipal Code Chapter 11: •Hasn't been updated in 25 to 52 years •Doesn't follow industry practices •Doesn't allow for equitable replacement of trees removed •Limits tools available to the City to adapt to immediate needs •Hasn't been an effective deterrent to intentional wrong doing City Arborist Holtz reviewed the goals that will be addressed by updating Municipal Code Chapter 11: •Define terms and roles -many terms and practices have been defined by the industry over the last SO years. The update will include modern definitions and identify what parties including City staff and Commission have authority •Address development o The update seeks to stress the importance of mature tree retention and to increase requirements where possible in the design phase •Establish removal criteria o There are many reasons an applicant seeks to remove a tree; some should not be appealable nor subject to the public noticing process o Criteria will be established to clearly define what requirements must be met •Refine replacement requirements o The current replacement model does not keep pace with what the actual loss is to the urban forest o Replacement requirements will be increased and better defined •Increase penalties o Increase in the fines for failure to follow the code o Individuals may also be criminally prosecuted by the City Attorney City Arborist Holtz discussed potential updates to the terms and roles section of Chapter 11. He stated that staff borrowed heavily from American National Standards Institute ("ANSI") and the International Society of Arboriculture ("ISA"). He added that staff also wanted to update the roles of the City Arborist, City Manager, Beautification Commission, and Planning Commission in regard to trees. City Arborist Holtz discussed the updates in regard to addressing development including: •Clearly define trees requiring identification, assessment, and valuation 11 •Encourage tree retention •Establish tree protection requirements •Define Planning Commission role •Increase planting requirements •Provide alternative planting opportunities when applicable •Authorize staff to stop work City Arborist Holtz discussed the updates in regard to addressing removal criteria: •Develop criteria for removal reasoning •Identify which criteria are subject to public notification and discussion •Redefine the appeal process •Incorporate fees for appeal City Arborist Holtz discussed staff's proposals on what would be appealable and what wouldn't be appealable in regards to tree removal: Non-Appealable Appealable tree is dead interferes with utilities tree risk assessment rating any other reason not specified tree health non desirable species causing verifiable structure damage City Arborist Holtz discussed staff's proposals on what the replacement requirements should be: •Increase payment required to tree replacement fund •Increase size and quantity of trees planted •Authorize staff to adjust planting requirements to site conditions Trunk Diameter Replacement Landscape Tree 14 inches to 20 inches One -24 inch box or two -15 gallon Less than 20 inches to 30 inches One 36 inch box, two -24 inch box or two -15 gallon Less than 30 inches to 40 inches Two -36 inch box, three -24 inch box of six 15 gallon Less than 40 inches to 50 inches One -48 inch box, two -36 inch box, four -24 inch box or eight -15 gallon Less than 50 inches Two -48 inch box, three -36 inch box, five -24 inch box, or ten -15 gallon City Arborist Holtz discussed staff's proposals on how to update the penalties under the code including: •Increase fines payable to tree replacement •Recover the value of the tree 12 •Authorize City Attorney to prosecute as a misdemeanor City Arborist Holtz reviewed a few penalty scenarios including: •Property owner removes dead pine tree without permit o educate o apply for permit post removal o require replacement •Property owner tops a 100-foot redwood tree to 60 feet without permit o educate o apply for permit post excessive pruning o require payment to the Tree Replacement Fund •Property owner removes a 60 foot cedar tree after having been denied a permit to do so o consider criminal prosecution o require a permit with payment to the Tree Replacement Fund up to treble the value of the tree o require replanting Councilmember Beach asked if prosecution was currently a tool in the City's toolbox. ACA Spansail replied in the negative. City Arborist Holtz asked the Council to consider the following: •What reasons should a tree be allowed to be removed? •Which reasons should be appealable? •What authority should hear appeals? •Are the replacement requirements appropriate? •Are the proposed penalties prohibitive enough? Former Beautification Commissioner Leslie Mcquaide discussed how the Beautification Commission and Planning Commission used to work together when a design required a tree removal. She explained that she believed the two commissions needed to work together again. Councilmember Stevenson voiced concern about the fee associated with removing a large tree that died of natural causes. He asked if other cities that updated their code to include the larger fee had done it in phases. City Arborist Holtz discussed his conversations with the City Arborist in Menlo Park and how they stated that this was the hardest part of the code to enforce. Mayor Brownrigg stated that he believed that updates to the tree ordinance should include incentives. He discussed how the City could incentivize developers to maintain larger trees on properties by allowing them relaxed front setback requirements. Councilmember Beach discussed the evaluation of at-risk trees. She explained that different arborists utilized different assessment ratings in order to evaluate at risk trees. She asked about the different levels 13 of assessment and how the City would be approaching this process. City Arborist Holtz replied that there are multiple evaluation methods. He noted that ISA has a program called "TRAQ," which stands for tree risk assessment qualification. He explained that this method seems to be utilized in the majority of independent arborist reports. He reviewed other methods that arborists use that look at mitigation measures that might increase or decrease risk. He added that another component would be considering what level of risk is acceptable. Councilmember Beach stated that it seemed that there was a rigorous standard that arborists are trained in to evaluate a tree's risk. City Arborist Holtz replied in the affirmative. Councilmember Beach asked about undesirable species. City Arborist Holtz replied that there are certain types of black acacia trees that individuals think of as a weed because of their proliferation and how these trees attract birds that drop their seeds throughout an area. He noted each community values different things, and this can be sorted by description on different tree sites. He added that some of Burlingame's neighboring cities don't allow non native trees. He noted that the majority of the trees that the City plants are non native. He added that the City will need to review what the community values and how to define undesirable species. Mayor Brownrigg discussed a situation where an individual purchased a home and then found that they were very allergic to one of the trees on their property. He asked about an individual's ability to remove a tree in this scenario. City Arborist Holtz stated that if it is a private tree and of a protected size, it would be appealable. Mayor Brownrigg opened the item up for public comment. Jennifer Pfaff stated that she was concerned about "undesirable trees". She noted that she thought it was an effort to streamline processes by cities. She discussed the importance of public input and ensuring that tree removals are appealable. Sandra Lang discussed the point where urban forestation meets non-urban forests and the importance this plays for climate change and sea level rise. Alvin Begun stated that he thought any ordinance the City adopts should have a preamble that trees are deemed to be protected unless otherwise proven that they are a hazard. He added that he thought the criteria for removal needed to be strengthened. Brian Benn stated that he feels strongly that the big trees in Burlingame make the city beautiful and unique. He noted that he thought the biggest of trees should be treated as a special category for protection. He added that he believed it was too easy for an applicant to hire an arborist to represent their view. He stated that he thought the applicant should pay the City to hire an arborist. Linda Ryan discussed her disappointment in some of the big trees that were recently removed. 14 Mayor Brownrigg asked if a developer had a parcel with a big tree, would she feel comfortable with the developer being able to build three stories in order to keep the tree. Ms. Ryan replied that she would need to see the plans. Ani discussed the importance of trees and updating the ordinance. (Comment submitted via publiccomment@burlingame.org). Mayor Brownrigg closed public comment. Mayor Brownrigg voiced concern about charging individuals a fee if the tree dies a natural death. Councilmember Ortiz stated that Council discussed creating a more expedient process for removing a tree in specific situations. He added the importance of erring towards allowing public hearings on whether trees are removed. He explained that he liked the idea of appealing certain tree removals to the City Manager with the understanding that some situations would require appealing all the way to the City Council. Vice Mayor Colson asked staff to look into how SB 9 will work in conjunction with the City's tree ordinance. City Arborist Holtz replied in the affirmative. Vice Mayor Colson asked about the City's liability if the City denies a tree removal and the tree then falls and damages a structure. City Attorney Guina replied that a reviewing court would give deference to the City as long as it found that the City was acting reasonably in issuing or not issuing a permit. Vice Mayor Colson stated that in regard to utilizing the 15 inch box for replacement, SFPUC was encouraging tree replacements to be seedlings in order to create strong trees. She explained that she agreed with SFPUC, and therefore that the smaller sizes for tree replacement was a good idea. Vice Mayor Colson stated that she liked the idea of incentivizing the protection of trees and planting trees. She wondered if there was a way to wholesale purchase trees for residents to buy for their property. She explained that the City was able to purchase trees cheaper than an individual, and therefore the City could set up a program where individuals purchase the replacement trees through the City. She also discussed the need to assist residents with maintaining their trees when they can't afford it. She explained that it can cost $10,000 to maintain a tree. Councilmember Stevenson stated that he agreed that the City needed an incentive program. Councilmember Stevenson asked in regard to liability if it was better for the City Arborist to undertake the risk assessment for a tree first or have an independent arborist. City Arborist Holtz replied that Menlo Park retains an independent arborist that is utilized when there is a disagreement between a resident's independent arborist report and the City Arborist. He noted that when he visits a site, he is reviewing whether the independent arborist report is correct. 15 Councilmember Beach stated that she liked the idea of protecting trees that are required as a condition of removal. She added that she likes the idea of incentives, but that it needs to be further reviewed as she was concerned about subsidizing homeowners. She concurred with her colleagues that she was concerned about charging individuals large fines when a tree dies a natural death. She added that trees that are dead or dying should be removed without an appeal process. Councilmember Beach stated that she wanted more information about how staff proposed defining structural damage and undesirable trees. Councilmember Beach stated that she wanted to have different criteria around urban trees that interact with wild land in order to ensure wildfire mitigation. She explained that she loved the idea of having the City hire the independent arborist for a resident so that the economic interest isn't directly linked between the independent arborist and the resident. Councilmember Beach stated that she thought Planning Commission appeals should go to City Council but was okay with Beautification Commission appeals going to the City Manager. She added that she was okay with the replacement trees being smaller in order to allow them to be successful long term. She also stressed the importance of educating the public on the rules regarding trees, especially when individuals are purchasing property. Councilmember Beach stated that she was in favor of the ability of the City to file criminal charges against bad actors. Mayor Brownrigg asked about homeowners taking out trees versus developers removing trees. City Arborist Holtz replied that it was 2 to 1 with more trees being removed by homeowners. He gave the caveat of Top Golf, which is removing 80 smaller sized trees. Mayor Brownrigg talked about the number of aesthetic guidelines for development that get in the way of protecting trees. He explained that if the City wanted to make more space for urban forests, then the City should review the design guidelines. Mayor Brownrigg thanked the City Arborist for his report. 12.COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Council reviewed their committee appointments. 13.FUTURE AGENDA ITEMS There were no future agenda items. 14. ACKNOWLEDGMENTS 16 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. 15.ADJOURNMENT Mayor Brownrigg adjourned the meeting at 10:19 p.m. in memory of Sally Krakow. Respectfully submitted, /sf Meaghan Hassel-Shearer City Clerk 17 MINUTES BEAUTIFICATION COMMISSION 5/2/2024 MINUTES PLANNING COMMISSION 5/28/2024 MINUTES CITY COUNCIL 6/17/2024 MINUTES CITY COUNCIL 10/7/2024 CITY c- BU ERLINGAME Hnt Eo J BURLINGAME CITY COUNCIL Approved Minutes Regular City Council Meeting on October 7, 2024 1. CALL TO ORDER A duly noticed meeting of the Burlingame City Council was held on the above date in person and via Zoom at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE TO THE FLAG The pledge of allegiance was led by Nancy Call. 3. ROLL CALL MEMBERS PRESENT: Brownrigg, Colson, Lee, Pappajohn, Stevenson MEMBERS ABSENT: None There was no request. Z I I:i 1 jiY:Z If•[I I,j I j L PI There was no closed session. Mayor Colson reviewed upcoming events in the city. 7. PRESENTATIONS a. PROCLAMATION RECOGNIZING OCTOBER 2024 AS DOMESTIC VIOLENCE AWARENESS MONTH CORA Legal Services Manager Melissa Gibbs accepted the proclamation on behalf of CORA. She thanked the City Council for presenting the proclamation and bringing awareness to this issue. The Council discussed the importance of CORA and thanked the organization for its hard work. 1 b. PROCLAMATION HONORING ART ATTACK!'S 30TH ANNIVERSARY Mayor Colson read the proclamation recognizing Nancy Call and her art studio, Art Attack!, on its 30' anniversary. The Council all spoke about the impact art has on an individual's life and thanked Ms. Call for her commitment to the community. Nancy Call thanked Council for the proclamation and the recognition. 8. PUBLIC COMMENTS An individual discussed his concerns about Peninsula Avenue and asked the City to work with the City of San Mateo to make it more pedestrian safe. 9. APPROVAL OF CONSENT CALENDAR Mayor Colson asked the Councilmembers and the public if they wished to remove any item from the Consent Calendar. Councilmember Lee pulled item 9j. Councilmember Pappajohn and members of the public pulled item 9c. Councilmember Brownrigg made a motion to approve items 9a, 9b, 9d, 9e, 9f, 9g, 9h, and 9i; seconded by Vice Mayor Stevenson. The motion passed unanimously by roll call vote, 5-0. a. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR THE SEPTEMBER 16.2024 CLOSED SESSION City Clerk Hassel -Shearer requested Council approve the City Council meeting minutes for the September 16, 2024 Closed Session. b. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR THE SEPTEMBER 16, 2024 CITY COUNCIL MEETING City Clerk Hassel -Shearer requested Council approve the City Council meeting minutes for the September 16, 2024 City Council meeting. c. ADOPTION OF AN ORDINANCE ADDING CHAPTER 13.56, "ELECTRIC MICROMOBILITY DEVICES," TO TITLE 13 OF THE BURLINGAME MUNICIPAL CODE; CEQA DETERMINATION: EXEMPT PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15378, 15061(B)(3) Councilmember Pappajohn stated that she supported the ordinance as written. However, she explained that she heard from members of the community that they wanted to see the City not include Class I e-bikes in the ordinance as they are similar to regular bikes. She added that she wanted to receive an update from staff after the ordinance takes effect. Mayor Colson opened up public comment. Mike Swire voiced concern about the ordinance and stated that the City should focus on vehicle safety. Comment submitted via publiccomment@burlingame.org) Matt Jones, from Silicon Valley Bike Coalition, thanked Council for the ordinance and for the continued allowance of e-bikes on the Bay Trail. He hoped to see more collaboration between his organization and the City in the future. Mayor Colson closed public comment. Mayor Colson made a motion to adopt Ordinance Number 2031; seconded by Vice Mayor Stevenson. The motion passed unanimously by roll call vote, 5-0. d. ADOPTION OF A RESOLUTION APPROVING THE VESTING TENTATIVE MAP (PM 23-05), LOT COMBINATION OF LOTS 1, 2, 3, 4 AND 5, BLOCK 7, MAP OF EAST MILLSDALE INDUSTRIAL PARK NO. 2 SUBDIVISION AT 1499 OLD BAYSHORE HIGHWAY: CEQA DETERMINATION: EXEMPT PURSUANT TO STATE CEQA GUIDELINES 15061 (B)(3 DPW Murtuza requested Council adopt Resolution Number 119-2024. e. ADOPTION OF A RESOLUTION APPROVING THE TENTATIVE AND FINAL PARCEL MAP (PM 24-03 FOR CONDOMINIUM PURPOSES, SUBDIVISION OF LOT 5, BLOCK 6, MAP OF EASTON ADDITION SUBDIVISION AT 1029 CAPUCHINO AVENUE; CEQA DETERMINATION: EXEMPT PURSUANT TO STATE CEQA GUIDELINES 15061 (13)(3) DPW Murtuza requested Council adopt Resolution Number 120-2024. f. ADOPTION OF A RESOLUTION APPROVING THE TENTATIVE AND FINAL PARCEL MAP (PM FOR CONDOMINIUM PURPOSES, SUBDIVISION OF LOT 6, BLOCK 6, MAP OF EASTON ADDITION SUBDIVISION AT 1025 CAPUCHINO AVENUE; CEQA DETERMINATION: EXEMPT PURSUANT TO STATE CEQA GUIDELINES 15061 (13)(3) DPW Murtuza requested Council adopt Resolution Number 121-2024. g. ADOPTION OF A RESOLUTION AMENDING THE CITY'S RETENTION SCHEDULE City Clerk Hassel -Shearer requested Council adopt Resolution Number 122-2024. h. OPEN NOMINATION PERIOD TO FILL TWO ART LIAISON VACANCIES City Manager Goldman asked Council to open the nomination period to fill two vacancies. L OPEN NOMINATION PERIOD TO FILL TWO VACANCIES ON THE TRAFFIC, SAFETY & PARKING COMMISSION City Manager Goldman asked Council to open the nomination period to fill two vacancies. j. APPROVAL OF QUARTERLY INVESTMENT REPORT PERIOD ENDING JUNE 30,202 Councilmember Lee explained that she wanted to re-examine the decision to have corporate notes in the City's investment portfolio. She stated that having worked for a credit risk agency, she is aware that things that are rated investment grade can go bankrupt in days. She added that she is concerned about the amount of corporate credit in the portfolio and whether the risk is worth the return. Finance Director Yu -Scott stated that the City's investment policy is updated every year. She added that the City contracts with PFM Asset Management to assist in managing the City's portfolio. She explained that roughly 10% of the City's portfolio is corporate notes. Councilmember Brownrigg asked if the corporate notes are held individually or as part of a basket of securities. Finance Director Yu -Scott replied that they are held individually. Mayor Colson opened the item up for public comment. No one spoke. Mayor Colson suggested creating an ad -hoc investment subcommittee with Councilmember Brownrigg and Councilmember Lee serving on the subcommittee. Councilmember Lee made a motion to accept the Quarterly Investment Report for the period ending June 30, 2024, with an addition of forming an ad -hoc subcommittee comprised of Councilmembers Lee and Brownrigg; seconded by Vice Mayor Stevenson. The motion passed unanimously by roll call vote, 5-0. 10. PUBLIC HEARINGS There were no public hearings. 4 it 1Ll92;Z:11091.1&T_Ii<Uxeral II 010ILore%11150 Lill a. DISCUSSION OF TREE ORDINANCE UPDATE - BURLINGAME MUNICIPAL CODE TITLE 11 (TREES AND VEGETATION) City Arborist Holtz began with a review of the current challenges of Municipal Code Chapters 11.04 and 11.06: Has not been updated in decades Does not follow current industry practices Does not allow for equitable replacement of trees removed Limits tools available to the City when addressing urgent needs Has not been an effective deterrent to intentional wrong -doing City Arborist Holtz stated that over the past year, staff has done several presentations to the community, Commissions, and Council in order to obtain feedback. He reviewed the concerns that staff received from the community: The rate protected size trees are removed Tree removals approved due to development Public involvement in the removal process Appeal fees (and effect on public participation) Undesirable species" Removal of criteria and considerations Arborist shopping" Permit costs and processes Effects of large trees and insurability Lack of native trees to support local wildlife Next, City Arborist Holtz reviewed the feedback that staff received from the City's Commissions and Council: Requirements for trees that perish naturally Tree protection vs. state mandates Use of tree replacement fund for private trees Better definition of "undesirable" trees Criteria for trees in wildland areas Outreach to new property owners Preservation and reforestation opportunities for developers Effect of large trees on insurability Easier to understand rules for the public Species of replacement and reforestation trees Proactive approach by city to designate planting location Undue burden on development I City Arborist Holtz explained that the City actively began the process to update the City's tree ordinance in 2018. He stated that since 2018, staff has reached out to various tree cities including Pasadena, Palo Alto, Menlo Park, and Sacramento, and talked with private arborists and City contractors about their concerns. City Arborist Holtz reviewed the goals of updating Chapter 11.06 of the City's Municipal Code: 1. Define terms including the expansion of trees protected by municipal code and clarifying responsibilities. 2. Address development including codifying tree preservation requirements and requiring real estate disclosure. 3. Refine removal process including increased public notification and expanded evaluation. 4. Replacement requirements including increased replacement requirements, differentiation between commercial and residential, and planting alternatives. 5. Increase penalties including fines, civil penalties, and criminal penalties. City Arborist Holtz stated that staff is proposing that seven days prior to the close of real property transactions, individuals are required to disclosure protected trees on the property. He added that the disclosure form would be provided by the City. City Arborist Holtz reviewed the proposed replacement plans for both commercial and residential properties: Commercial Replacement Concept DSH Equivalent Replacement Landscape Tree Container Size One Inch 15 Gallon Container Two Inch 24 Inch Box Three Inch 36 Inch Box Four Inch 48 Inch Box Five Inch 60 Inch Box Residential Replacement Concept Trunk Diameter Replacement Landscape Tree 14 to 29 Inches One — 24-Inch Box or Two — 15-Gallon 30 to 45 Inches One — 36-Inch Box, Two — 24-Inch Box, or Four — 15 Gallon 45 Inches Two — 36-Inch Box, or Three — 24-Inch Box City Arborist Holtz reviewed the proposed native replacement plans for both commercial and residential properties: Commercial Native Replacement Concept DSH Equivalent Replacement Landscape Tree Container Size Two Inch 15-Gallon Container 2 Four Inch 24 Inch Box Six Inch 36 Inch Box Eight Inch 48 Inch Box Ten Inch 60 Inch Box Residential Native Replacement Concept Trunk Diameter Replacement Landscape Tree 14 to 29 Inches One- 15-Gallon 30 to 45 Inches One- 24-Inch Box, or Two- 15-Gallon 45 Inches One- 36-Inch Box, or Two- 24-Inch Box Next, City Arborist Holtz reviewed reforestation requirements: Development Type Reforestation Plan Requirements One and two -unit dwellings One landscape tree/1,000 square feet of habitable space Multi -unit dwellings One landscape tree/2,000 square feet of structural lot coverage/2,000 square feet of paving Commercial zoning One landscape tree/5,000 square feet of structural lot coverage /5,000 square feet of paving City Arborist Holtz reviewed a few additional elements of the proposed tree ordinance: Unique economic burdens such as insurance policies being canceled due to trees Giving the Director authority to create regulations to implement Chapter 11.06 requirements Increased tree preservation requirements Inclusion of replacement and reforestation trees as protected trees This update rescinds Chapters 11.04 and 11.06, replacing them with a new, all-inclusive chapter 11.06 Councilmember Brownrigg asked if this would require a full CEQA review. ACA Spansail replied that the City would know what type of CEQA review is needed after sending the proposed ordinance out for review. Mayor Colson opened the item for public comment. Brian Benn discussed the tree replacement needs and the in -lieu fee. (Comment submitted via publiccomment@burlingame.org) Gerard Manning discussed trimming of trees around solar panels. (Comment submitted via publiccomment@burlingame.org) Leslie McQuade voiced concern about enforcing tree replacement. (Comment submitted via publiccomment@burlingame.org) 7 Kris Cannon voiced her support for the proposed amendments. (Comment submitted via publiccomment@burlingame.org) John Easterbrooke voiced concern about distressed trees in the city. (Comment submitted via publiccomment@burlingame.org) Tony Paul discussed the classification of the dead trees before the rainy season. Mayor Colson closed public comment. Councilmember Pappajohn asked about the in -lieu fee. City Arborist Holtz replied that the cost given was an example. He noted that a fee study would be necessary. He explained that the fee to not plant a tree is high on purpose, as the City wants to incentivize the replanting of trees. Mayor Colson stated that she wasn't sure removing a tree for a solar panel is better for the environment. City Arborist Holtz replied that a majority of the solar versus tree matters are private matters. Councilmember Brownrigg voiced support for the updated ordinance. He wondered if a resident should be held to the same replacement standards if the tree is removed due to a utility issue or health of the tree rather than the removal of a healthy tree. City Arborist Holtz replied that through research, they learned that most cities don't differentiate between trees being removed voluntarily or due to natural causes. He added that it is about what the tree provides to the community. Mayor Colson suggested renaming the tree replacement fund to tree replacement and maintenance fund. City Arborist Holtz replied that the tree replacement fund language is crafted to help maintain the urban forest via planting or by Council direction. Vice Mayor Stevenson asked about the replacement of trees like for like versus one big tree for four smaller trees and if the tree fund can help offset this cost. ACA Spansail replied that the tree replacement fund is set up to capture money for tree replacement in one place, and the uses for the funds have not been fully outlined yet. Councilmember Lee asked about the estimated 500 staff hours that are getting absorbed without adding additional staff. City Arborist Holtz replied that it is an estimate, and they are going to work it into their schedule. Councilmember Brownrigg supported sending educational cards out to realtors about the rules and regulations of the urban forest. He noted that his street has oaks that are planted right under PG&E wires and that he hoped there would be some common sense about tree planting. Council thanked City Arborist Holtz for his repot. 0 12. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Council reviewed their committee appointments. 13. FUTURE AGENDA ITEMS Councilmember Brownrigg commented on the increase in emails related to traffic and wanted to be proactive about it. He suggested addressing it at the next goal setting meeting. 14. ACKNOWLEDGMENTS The agendas, packets, and meeting minutes for the Planning Commission, Traffic, Safety & Parking Commission, Beautification Commission, Parks & Recreation Commission, and Library Board of Trustees are available online at www.burlingame.org. 15. ADJOURNMENT Mayor Colson adjourned the meeting at 9:05 p.m. in memory of Sidar Ergin. Respectfully submitted, s/ Meaghan Hassel -Shearer City Clerk 9 1 1871 The Alameda, Suite 200 • San José, CA 95126 • Tel: (408) 248-3500 • www.davidjpowers.com MEMORANDUM Date November 26, 2024 To Scott Spansail, Assistant City Attorney, City of Burlingame From Maria Kisyova, Project Manager Akoni Danielsen, Principal Project Manager Subject Burlingame Tree Ordinance Update – CEQA Categorical Exemption Qualification I. Introduction to Categorical Exemptions The California Environmental Quality Act (CEQA) Guidelines contain classes or categories of projects that have been determined not to have a significant effect on the environment and are, therefore, exempt from the provisions of CEQA. CEQA Guidelines Sections 15301 – 15333 constitute the list of categorically exempt projects and contain specific criteria that must be met in order for a project to be found exempt under one or more classes. CEQA Guidelines Section 15307 Actions by Regulatory Agencies for Protection of Natural Resources sets forth exemptions for actions taken by regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, or enhancement of a natural resource where the regulatory process involves procedures for protection of the environment. CEQA Guidelines Section 15308 Actions by Regulatory Agencies for Protection of the Environment consist of actions taken by regulatory agencies as authorized by state or local ordinance to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. Additionally, CEQA Guidelines Section 15300.2 includes a list of exceptions to exemptions, none of which may apply to a project in order for it to qualify for a categorical exemption (i.e., if an exception applies, a project is precluded from being found categorically exempt). The exceptions included Section 15300.2 are discussed below in Section IV of this memo. The City of Burlingame , serving as the Lead Agency, is completing environmental review for the Tree Ordinance Update project (“project”) in compliance with CEQA, the CEQA Guidelines (California Code of Regulations Section 15000 et. seq.), and the regulations and policies of the City of Burlingame . This Memorandum describes the proposed project, provides analysis and substantial 2 1871 The Alameda, Suite 200 • San José, CA 95126 • Tel: (408) 248-3500 • www.davidjpowers.com evidence to support a determination by the City of Burlingame that the project is categorically exempt pursuant to CEQA Guidelines Sections 15307 and 15308. II. Background Shortly after Burlingame’s incorporation as a city in 1908, the City enacted the Burlingame Municipal Code (BMC). The BMC included provisions to protect a historic grove of trees along County Road (modern day El Camino Real). With time, the City updated rules governing both public and private trees to regulate and protect the urban forest. In 1971, the City Council created Chapter 11.04 “Protection of City Street Trees” and Chapter 11.06 “Urban Reforestation and Tree Protection” to add protections for the rest of the urban forest. Chapter 11.06 was revised in 1992 and 1998. Since then, the City’s tree protection provisions in the BMC have remained unchanged. The City of Burlingame has an established Urban Forest Management Plan (UFMP) that details City rules, recommendations, and practices in managing the urban forest. The UFMP is updated regularly and the Tree Ordinance is now being updated to better align with the UFMP and present- day urban forestry practices. Further, state law now requires ministerial review processes for Accessory Dwelling Units (ADUs) and certain minor subdivisions and housing development projects (Senate Bill [SB] 9). These ministerial process es generally preclude cities from imposing subjective development standards or requiring any kind of discretionary decision or review. Accordingly, the proposed Tree Ordinance Update establishes objective standards regarding tree protection and incorporates ministerial review for these types of projects into the City’s tree removal regulations. III. Project Description The proposed project is a City-initiated update to the tree protection provisions in the BMC to address inconsistencies with the City’s UFMP and to align the BMC tree protection provisions with state laws requiring ministerial review for ADUs and housing p rojects under SB 9. The proposed project would rescind the existing Chapters 11.04 and 11.06 of the BMC, and replace them with a new Chapter 11.06. The intent of the update is to strengthen the ordinance to be more protective of trees where the City retains discretion , while also creating a ministerial process for situations where trees are required to be removed to facilitate construction of residential projects that are ministerial under state law. Generally, the proposed update would increase the size and quantity of trees needing to be planted depending on the size of the tree being removed or on the nature of a proposed development. The update would also differentiate replanting requirements between residential developments and commercial/mixed use developments. Proposed updates are detailed below by topic. 3 1871 The Alameda, Suite 200 • San José, CA 95126 • Tel: (408) 248-3500 • www.davidjpowers.com Discretionary Projects The update to BMC Chapter 11.06 would also address situations where the City retains discretion whether to allow for removal of tree(s). The update to BMC Chapter 11.06 would require protective actions for trees that are re tained , retention of a project arborist for large developments 1 or those significantly impacting a mature tree to be retained 2, and submission of arborist reports. Specifically, large r developments would require tree replacement or reforestation plans and/or payment of an in-lieu fee for trees that are removed but not replanted or reforested. BMC 11.06.010 currently allows tree removal to occur for “the economic enjoyment” of property. The project proposes to redefine the rationale for tree removal as: “the tree must be removed to use the property for any City authorized or permitted use under Title 25 (the Zoning Ordinance) for the zoning district in which the property is located, and the use could not be made of the property unless the tree is removed.” Additionally, the current discretionary tree removal process requires an applicant to apply for both a tree removal permit and a development permit, which are processed separately. The update to BMC Chapter 11.06 would simplify this process by requiring that a development application also include all related tree removal permits so that the approval authority for the development project would also take action on the tree permit through their review of the project. Those tree removal permits would become part of the Planning Commission development permit approvals for the project. Any approvals for tree removal permits, as well as requirements for tree protection and tree planting (based on recommendations from the City Arborist), would be incorporated into the approved development permit as part of the project approval process. Appeals to the tree removal due to proposed development would be heard by the Planning Commission as part of design review processes. Tree Removal Criteria The proposed update to BMC Chapter 11.06 would codify past department practice by identifying which tree removal approvals may be appealed, and which body or bodies within the City administration would have authority to consider appeal proceedings. The proposed update to BMC Chapter 11.06 would update the discretionary tree removal criteria to allow the decision maker to weigh a variety of factors when determining whether approval is appropriate. The update includes, but is not limited to consideration of root and infrastructure conflict, whether there are reasonable alternative means to avoid removal, species desirability and environmental benefits to tree retention. 1 Large developments are considered projects with more than two dwellings or those with designated commercial use. 2 Work significantly impacting a mature tree refers to construction activity that would occur within the natural dripline of the subject tree. 4 1871 The Alameda, Suite 200 • San José, CA 95126 • Tel: (408) 248-3500 • www.davidjpowers.com Definitions The update to BMC Chapter 11.06 would update various definitions. Notably, the definition of a “protected tree” would be updated as shown in Table 1. Table 1. Definition of “Protected Tree” Existing Ordinance Updated Ordinance (1) Any tree with a circumference of 48 inches or more when measured 54 inches above natural grade; or (1) Any City-owned or maintained tree; or (2) A tree or stand of trees so designated by the City Council based upon findings that it is unique and of importance to the public due to its unusual appearance, location, historical significance or other factor; or (2) Any private tree with a circumference of 44 inches or more when measured 54 inches above natural grade ; or (3) A stand of trees in which the director has determined each tree is dependent upon the others for survival (3) A designated Heritage Tree or Heritage Grove, or any other tree or stand of trees or species of tree, so designated by the Beautification Commission, City Council, or Director based upon findings that it is unique and of importance to the public due to its unusual appearance, location, historical significance or other factor; or (4) A stand of private trees in which the Director or designee has determined each tree is dependent upon the others for survival; or (5) Replacement trees, regardless of size, that were required to be planted as replacements for authorized and unauthorize protected private tree removals; or (6) Reforestation trees required to be planted for a development or redevelopment project pursuant to 11.06.100 of the updated BMC Public Notices Currently, public notice is required for private protected tree removals within 100 feet of the subject property. For tree removals subject to a discretionary process, the proposed update to BMC Chapter 11.06 would allow the Parks and Recreation Director to expand the notification area and require physical and/or electronic postings and notifications dependent upon the impact the tree has on a neighborhood. The new public notice requirement would require notice of tree removals of City trees that are at least 14 inches in diameter at standard height (DSH).3 3 Diameter at standard height refers to the level measurement of the trunk diameter measured at 54 inches above soil grade. 5 1871 The Alameda, Suite 200 • San José, CA 95126 • Tel: (408) 248-3500 • www.davidjpowers.com Tree Planting Requirements Replacement and Reforestation Requirements The existing ordinance establishes reforestation plan requirements for single-family or duplex and apartments or condominiums. The project would maintain these requirements, and would add requirements for mixed -use and commercial/industrial projects where there are none now. Changes are summarized in Table 2 below. Table 2. Reforestation Plan Requirements Development Type Reforestation Plan Requirements Existing Requirements Single-family or duplex One landscape tree for every 1,000 square feet of lot coverage or habitable space Apartments or condominiums One landscape tree for every 2,000 square feet of lot coverage Proposed Requirements One- and two-unit dwellings One landscape tree per 1,000 square feet of habitable space Multi-unit dwellings / mixed- use buildings One landscape tree per 2,000 square feet of structural lot coverage and/or one landscape tree per 2,000 square feet of paving Commercial / industrial One landscape tree per 5,000 square feet of structural lot coverage and/or one landscape tree per 5,000 square feet of paving Consistent with the existing code, lot coverage and habitable space includes both existing and new construction. The Director shall determine the number of existing trees which are of an acceptable size, species, and location to be counted toward this requirement. Removal of Protected Trees Existing Replacement Requirements The existing ordinance includes the following tree replacement guidelines for removal of protected trees (based on the existing definition of private trees shown in Table 1): • Replacement shall be three 15-gallon size, one 24-inch box size, or one 36-inch box size landscape tree(s) for each tree removed as determined below. • Any tree removed without a valid permit shall be replaced by two 24-inch box size, or two 36-inch box size landscape trees for each tree so removed as determined below. • Replacement of a tree be waived by the director if a sufficient number of trees exists on the property to meet all other requirements of the Urban Reforestation and Tree Protection ordinance. • Size and number of the replacement tree(s) shall be determined by the director and shall be based on the species, location and value of the tree(s) removed. 6 1871 The Alameda, Suite 200 • San José, CA 95126 • Tel: (408) 248-3500 • www.davidjpowers.com • If replacement trees cannot be planted on the property, payment of equal value shall be made to the city. Such payments shall be deposited in the tree planting fund to be drawn upon for public tree planting. Proposed Replacement Requirements The update to BMC Chapter 11.06 proposes to refine the guidelines for removal of protected trees (based on the updated definition of private trees shown in Table 1) to differentiate between one- or two-unit dwellings and all other types of development. The tree replacement plan would be required of both ministerial and discretionary projects. A tree replacement plan for private protected trees located on lots that include one - or two-unit dwellings must comply with the specifications in Table 3. Table 3. Replacement for Private Protected Trees on Lots with One- or Two-Unit Dwellings Trunk Diameter Replacement Tree 14 to 29 One 24-inch box or two 15-gallon boxes >30 to 45 inches One 36-inch box or two 24-inch boxes or four 15-gallon boxes >45 inches Two 36 -inch boxes or three 24-inch boxes A tree replacement plan for private protected trees located on other lots (e.g., multi-unit dwellings, mixed-use buildings, commercial/industrial) must provide for replacement of trees at a ratio of one - inch DSH of tree replaced for each inch DSH of tree removed (1:1 ratio). Th e equivalent sizes to be used whenever new trees are planted (either on-site or off-site) pursuant to a tree replacement plan are shown in Table 4. Table 4. Replacement Equivalency for Private Protected Trees on Other Lots DSH Equivalent Replacement Landscape Tree Container Size One Inch 15-gallon container Two Inch 24-inch box Three Inc h 36-inch box Four Inch 48-inch box Five Inch 60-inch box Where the current ordinance requires any tree removed without a valid permit to be replaced by two 24-inch box size or two 36-inch box size trees, the update to BMC Chapter 11.06 would include fines and penalties that can be levied (including criminal prosecution) for trees removed without a valid permit. 7 1871 The Alameda, Suite 200 • San José, CA 95126 • Tel: (408) 248-3500 • www.davidjpowers.com The update to BMC Chapter 11.06 would change the requirements for trees with a diameter of 29 inches or less. As shown in Table 3, the replacement requirements for 29-inch trees would be one 24-inch or two 15-gallon trees, whereas the current requirements require one 24-inch, three 15- gallon, or one 36-inch tree. The City evaluated its replacement requirements and determined that replacement of smaller trees (i.e., those 29 inches or less) are most appropriately replaced with a similarly -sized 24-inch tree or two 15-gallon trees). The update would further set more onerous replacement requirements for trees with a diameter of 30 inches or more . The current ordinance require s the same replacement ratio regardless of the size of the tree to be removed. Finally , the update would introduce requirements for non- residential development, and would also include stricter penalties for trees removed without a valid permit . Thus, the proposed requirements would ultimately result in more trees planted than would be required under the current ordinance. Tree Replacement Fund On-site or Off -Site Replacement or Reforestation The existing ordinance does not include specifications between on-site and off-site tree replacement requirements. The proposed update to BMC Chapter 11.06 requires that a tree replacement or reforestation plan that includes on-site or off-site replacement must specify where the trees shall be planted. The plan must also specify how the trees shall be monitored and maintained. Off-site plantings within 300 feet of the project site would be considered at the Director’s discretion. In-Lieu Fee and Tree Replacement Fund The existing ordinance does not include a funding mechanism. The proposed update to BMC Chapter 11.06 would introduce in-lieu fees as an option , for both ministerial and discretionary projects, where trees cannot be replaced on-site or off-site within the neighborhood. The fund would be used primarily for citywide tree planting and preservation programs but would be available for City Council-directed programs consistent with this purpose. The amount of the in-lieu fee would be $325 per inch of tree diamete r at standard height for that tree . This amount is based on the labor and material costs of planting and would be included in the update to the Master Fee Schedule adopted by City Council concurrent with the update to BMC Chapter 11.06. Credit for Existing Landscape Trees The proposed update to BMC Chapter 11.06 would allow a replacement credit for preservation of trees on the same lot, as long as those trees are viable long-term and meet the definition of landscape tree. 8 1871 The Alameda, Suite 200 • San José, CA 95126 • Tel: (408) 248-3500 • www.davidjpowers.com IV. Environmental Review The purpose of this section is to assess the project’s eligibility for a Categorical Exemption from CEQA under Guidelines Sections 15307 and 15308, and document whether any of the exceptions listed in CEQA Guidelines Section 15300.2 apply to the proposed updates to BMC Chapter 11.06. Section 15307 – Actions by Regulatory Agencies for Protection of Natural Resources CEQA Guidelines Section 15307 relates to actions taken by regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, or enhancement of a natural resource where the regulatory process involves procedures for protection of a natural resource. As presented above in Section III Project Description, the City proposes updates to BMC Chapter 11.06 with the intent of protecting existing trees, a natural resource, and enhancing the existing urban forest. The proposed updates to BMC Chapter 11.06 would involve the following updated provisions to protect trees: • Expanded Definition of Protected Tree : The definition of a protected tree would be expanded to include 1) any City-owned or maintained tree, 2) any private tree with a circumference of 44 inches or more when measured 54 inches above natural grade, as opposed to the current definition of 48 inche s, 3) any replacement tree for private tree removals, and 4) any replacement tree for development projects. By expanding the definition of a protected tree, the proposed update would serve to increase protections for the urban forest. • Expanded Notice Requirements: The proposed update to BMC Chapter 11.06 would include language allowing the Parks and Recreation Director to expand the notification area and require physical and/or electronic postings and notifications dependent upon the impact the tree has on a neighborhood. The new public notice requirement would require notice of tree removals of City trees that are at least 14 inches in diameter at standard height. Expanded noticing would serve to increase protections for the urban forest. • Increased Replacement and Reforestation Requirements: The proposed update to BMC Chapter 11.06 would increase replacement requirements for one- and two-unit dwellings and multi-unit dwellings/mixed -use buildings. As shown in Table 3, replacement requirements would increase as the size of the tree to be removed increases, whereas the current ordinance requires three 15-gallon, one 24-inch box, or one 36-inch box per tree to be removed, regardless of size. Although the current ordinance allows replacement of 29- inch or smaller trees with either one, two, or three trees (i.e. one 24-inch tree or three 15- inch trees or one 36-inch tree) and the proposed update to BMC Chapter 11.06 instead allows replacement of those trees with one or two trees (one 24-inch or two 15-inch trees), the update also proposes higher replacement requirements for trees with a diameter of 30 inches or more and would result in greater tree replacement overall. In addition, the updated ordinance would increase replacement requirements for 9 1871 The Alameda, Suite 200 • San José, CA 95126 • Tel: (408) 248-3500 • www.davidjpowers.com commercial/industrial projects, and would have stricter penalties for trees removed without a valid permit . Increasing the replacement and reforestation requirements would serve to enhance the existing urban forest. • Establish Replacement Fund: The existing BMC Chapter 11.06 does not include a funding mechanism. The proposed update to BMC Chapter 11.06 would introduce in-lieu fees as an option where trees cannot be replaced on-site or off-site within the neighborhood. The fund would be used primarily for citywide tree planting and preservation programs, which would serve to enhance the existing urban forest. In sum, the project would adopt regulatory procedures to assure the maintenance, restoration, and enhancement of the City’s existing urban forest, thus protecting natural resources. Accordingly, the project qualif ies for exemption under Guidelines Section 15307. Section 15308 – Actions by Regulatory Agencies for Protection of the Environment CEQA Guidelines Section 15308 relates to actions taken by regulatory agencies as authorized by state or local ordinance to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. Per the Guidelines, construction activities and relaxation of standards allowing environmental degradation do not qualify for exemption under 15308. The project proposes to update the City’s existing Tree Ordinance with stronger replacement and noticing requirements and codify current City practices. The project is aimed at protecting existing trees and enhancing the existing urban forest. As noted above in the discussion of Guidelines Section 15307, the proposed update to BMC Chapter 11.06 would serve to protect trees (and the environment generally) by 1) expanding the definition of a protected tree, 2) expanding the notice requirements for removal of protected trees, 3) Increasing or adding replacement and reforestation requirements, and establishing a tree replacement fund. Finally , the updates to BMC Chapter 11.06 acknowledge that there are certain development projects (e.g., ADU s or other ministerial housing projects) where the City could not preclude tree removal. The provisions governing ministerial projects are not a “relaxation of standards” allowing environmental degradation which would preclude reliance on Guidelines Section 15308; instead, those provisions implement and are consistent with state law requirements. In sum, the project would adopt procedures that assure the maintenance, restoration, enhancement, or protection of the environment and would thus qualify for exemption under Guidelines Section 15308. Section 15300.2 – Exceptions CEQA Guidelines Section 15300.2 sets the following exceptions: 10 1871 The Alameda, Suite 200 • San José, CA 95126 • Tel: (408) 248-3500 • www.davidjpowers.com (a) Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located – a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply all instances, except where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local age ncies. (b) Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant. (c) Significant Effect. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. (d) Scenic Highways. A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified EIR. (e) Hazardous Waste Sites. A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. (f) Historical Resources. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. Exception 15300.2(a) only applies to Class 3, 4, 5, 6, and 11 exemptions. The proposed update to BMC Chapter 11.06 is categorically exempt under Class 7 and 8; therefore, this exception is not applicable to the project under CEQA Guidelines Section 15300.2(a). As noted in the proposed ordinance, trees that are designated, precisely mapped, and officially adopted by the City are protected by Chapter 11.06. The proposed update to BMC Chapter 11.06 would not contribute to cumulative impacts related to tree removals, as there are no other programmatic actions being considered by the City that would also involve changes to the City’s tree protection policies. Th e proposed update to BMC Chapter 11.06 does not propose or allow for any specific development. Once adopted, the ordinance would include higher tree replacement ratios for future development projects throughout the City, as described in detail in Section II. Additionally, the definition of a protected tree would be modified to include any private tree with a circumference of 44 inches or more when measured 54 inches above natural grade as opposed to the current definition of 48 inches. These changes would be environmentally beneficial. As such, the proposed update to BMC Chapter 11.06 would not result in a cumulatively considerable impact, and no exception to the exemption would apply under 15300.2(b). 11 1871 The Alameda, Suite 200 • San José, CA 95126 • Tel: (408) 248-3500 • www.davidjpowers.com The proposed update to BMC Chapter 11.06 would not cause a significant effect due to unusual circumstances. It is intended to and will promote tree replacement and reforestation. The project would not cause a substantial adverse change in the significance of a historical resource as it does not address or otherwise regulate development or its impacts to historical resources. Thus, no exception to the exemption applies under 15300.2(c) or 15300.2(f). There are no state scenic highways within the City of Burlingame. As such, the provisions of BMC Chapter 11.06 do not apply to trees within state highway right-of-way. Since the project is not focused on a particular site and would not result in specific development, it would not be located on a site included on any list pursuant to Section 65962.5 of the Government Code. Thus, no exception to the exemption applies under 15300.2(d) or 15300.2(e). For the reasons described above, none of the exceptions under CEQA Guidelines Section 15300.2 apply to the project, and the proposed update to BMC Chapter 11.06 would not be disqualified for a categorical exemption. V. Conclusion As documented in Section IV . Environmental Review, none of the exceptions contained in CEQA Guidelines Section 15300.2 apply to the project and the project meets the criteria in CEQA Guidelines Section 15307 and 15308. The project, therefore, qualifies as exempt from the provisions of CEQA under Classes 7 and 8 of the CEQA Guidelines. RESOLUTION NO. ____-2024 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AMENDING THE MASTER FEE SCHEDULE TO ADOPT A TREE REPLACEMENT IN- LIEU FEE AND AN INCREASE FOR APPEALS OF BEAUTIFICATION COMMITTEE DECISIONS; AND AUTHORIZING THE FINANCE DIRECTOR TO MAKE SUCH AMENDMENTS; CEQA DETERMINATION: EXEMPT PURSUANT TO STATE CEQA GUIDELINES 15078, 15061(b)(3) WHEREAS, the City of Burlingame has always sought to invest in, regulate, and protect its urban forest by updating the rules governing public and private trees; and WHEREAS, in 1971, the City Council added “Protection of City Street Trees” to Title 11 of the Burlingame Municipal Code (BMC), and later added Chapter 11.06, “Urban Reforestation and Tree Protection”; and WHEREAS, revisions to BMC Chapter 11.06 last took place in 1992 and 1998; and WHEREAS, City staff undertook significant review and discussion of other agencies’ tree protection codes and experiences, including but not limited to codes in the cities of Palo Alto, Menlo Park, Sacramento, Pasadena, and Santa Barbara; and WHEREAS, beginning in November 2023, the Beautification Commission, Planning Commission, and City Council held various public meetings to consider potential updates to BMC Chapter 11.06; and WHEREAS, on December ___, 2024, the City Council adopted Ordinance No.___ updating BMC Chapter 11.06 (the “Tree Ordinance Update”) to include new tree replacement requirements and procedures, including updates that necessitate amendments to the City of Burlingame Master Fee Schedule; and WHEREAS, the current Master Fee Schedule contains a fee for appeals of the Beautification Commission’s decisions that are made to the City Council, but the Tree Ordinance Update requires such appeals to be made to the City Manager; and WHEREAS, the Tree Ordinance Update’s new appeal procedure is nearly identical to the Wireless Permit appeal in that the City Manager will act as a hearing officer and thus the costs for such an appeal are also the same; and WHEREAS, the Tree Ordinance Update allows payment of an in-lieu fee for tree removal permit applicants who do not wish to replace a tree, and revenue generated will be used to further tree planting and tree replacement to offset the effects of the tree removal; and WHEREAS, the in-lieu fee has been determined based on the labor and material costs of planting a new tree at the same diameter at standard height (DSH), and the amount of this in-lieu fee has been compared to neighboring jurisdictions and found to be similar; and WHEREAS, the in-lieu fee is an alternative to tree replacement as a condition of issuance of a tree permit and is not a tax under Proposition 26 because it falls under either or both exception 1 (fees for benefit and privileges) and exception 6 (fees for development of property). NOW, THEREFORE, BE IT RESOLVED: 1. The foregoing recitals are true and correct and are incorporated by reference into this action. 2. The proposed amendments to the Master Fee Schedule are administrative and are not a “project” under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15078, and even if these amendments were considered to be a project, their adoption would be exempt from CEQA review pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that minor edits to the Master Fee Schedule and adoption of an in-lieu fee would not have an impact on the environment. 3. The Master Fee Schedule is hereby amended as follows (deletions shown in strikeout, additions shown in italics/underline): TREES AND PARK FEES Unit Fee Memorial Tree Plantings 15 Gallon Per tree $350 24” Box Size Per tree $1,041 Memorial Bench Per bench $7,942 Additional Street Tree Plantings 15 Gallon Per tree $773 24” Box Size Per tree $1,041 Protected Tree Removal Application Fee Residential Per Application $439 Residential – No Public Notification Per Application $750 Commercial Per Application $140 Failure to Meet Replanting Requirements of Permit Tree Replacement In-Lieu Fee Per Tree $1,500 $325 per inch of diameter at standard height Arborist’s Plan Review for landscaping requirements on planning applications Residential Each $166 Commercial Each $385 Arborist Check of construction plans and inspection of landscape requirements on building permit submittals Residential Each $333 Commercial Each $676 Appeal to City Council City Manager or designee from Beautification Commission decision (does not include noticing costs) Per Appeal $600 $968 Noticing, City Council Appeal Per Appeal $150 Street Banner Hanger Per Banner $940 Private Tree Emergency Work Business Hours (M-F; 7-3:30) Per Hour $134 After Hours (Weekends & Holidays) Per Hour $151 4. This Resolution shall not become effective unless and until the City Council adopts the Tree Ordinance Update (Ordinance No.___) and such Ordinance becomes effective. The Finance Director is hereby authorized to make the amendments to the Master Fee Schedule described above upon the effective date of this Resolution. _______________________________________ Donna Colson, Mayor l, Meaghan Hassel-Shearer, City Clerk of the City of Burlingame, certify the foregoing resolution was adopted at a regular meeting of the City Council held on the _____ day of December 2024 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: _______________________________________ Megan Hassel-Shearer, City Clerk 1 STAFF REPORT AGENDA NO: 10c MEETING DATE: December 2, 2024 To: Honorable Mayor and City Council Date: December 2, 2024 From: Michael Guina, City Attorney – (650) 558-7204 Scott Spansail, Assistant City Attorney – (650) 558-7275 Subject: Introduction and First Reading of an Ordinance of the City Council of the City of Burlingame Amending Chapter 8.19 of Title 8 of the Burlingame Municipal Code to Allow Existing Tobacco Retailer Permit Holders an Exemption From Certain Relocation Distance Requirements for a Period of Two Years, Eliminating Certain Restrictions on Retailer Permit Transfers and Discontinuing the Issuance of New Tobacco Retailer Permits; CEQA Determination: Exempt Pursuant to State CEQA Guidelines Section 15378 and 15061(b)(3) RECOMMENDATION Staff recommends that the City Council conduct a public hearing and adopt the first reading of the proposed Ordinance by taking the following actions: 1. Receive the staff report and ask any questions of staff. 2. Conduct a public hearing on the proposed Ordinance. 3. Close the public hearing, discuss the proposed Ordinance, and determine whether to bring the Ordinance back for adoption at a future Council meeting. 4. Direct the City Clerk to publish a summary of the Ordinance at least five days before proposed adoption. BACKGROUND AND DISCUSSION In 2023, San Mateo County Supervisors passed an ordinance to further regulate tobacco retailers in the unincorporated portions of the county. This new law, proposed by the County Health Department, expanded the program that was already in place, and increased penalties on businesses that sell tobacco products to minors in an effort to prevent youth nicotine addiction. It requires that all tobacco retailers obtain a “Tobacco Retailer Permit,” and requires enforcement checks twice per year aimed at combatting youth tobacco sales. The law also prohibits issuing these permits to any location within 1,000 feet of a “youth populated area,” including schools and playgrounds, or within 500 feet of an existing tobacco retailer. The County has continued to encourage cities within San Mateo County to adopt their model ordinance and has offered to administer the permit program and provide enforcement for cities that adopt it without alteration. Amending BMC Chapter 8.19 re: Existing Tobacco Retailer Transfer Exemptions December 2, 2024 2 At the March 4, 2024 City Council meeting, the Burlingame City Council adopted Ordinance No. 2026 (attached), which created a Tobacco Retailer Permit Program within the city limits. This program was codified into a new Burlingame Municipal Code Title 8, Chapter 8.19 – “Tobacco Retailer Permit.” The City’s program generally mirrored the recently adopted San Mateo County Tobacco Retailer Permit Program, except that it allowed an exemption for on-site hookah consumption and made other small administrative changes. Since the City Council did not adopt the County’s Ordinance in its totality, the County would not administer the City’s program. Instead, the Burlingame Police Department manages its administration and enforcement. The City’s program has been in place for approximately six months, and the Burlingame Police Department continues to administer and enforce the program successfully. While the program itself has been well-received by the public, City staff has received feedback from some existing retailers that the distance and transfer requirements of the new program have created an issue with their plans to sell or relocate their property. The Economic Development Subcommittee discussed this topic at its regular meeting on October 16, 2024. At the meeting, Mayor Colson and Vice Mayor Stevenson expressed concern over how the new program’s quick effective date may have disrupted the short-term plans of existing tobacco retailers in the city. The Subcommittee specifically noted that the program’s distance and transfer limitations may have created a hardship on retailers by halting a transfer to a family member or disrupting their immediate plans to relocate their business. At the conclusion of this item, the Subcommittee directed staff to draft an ordinance that addressed these concerns through implementation of a two-year “grace period” for existing tobacco retailer permit holders to conduct limited transfers of their permit. At the Subcommittee’s direction, staff presented a draft ordinance reflecting the two-year grace- period described above for consideration by the full Council at the City Council’s November 18, 2024, regular meeting. Following the public comment portion of the meeting, the Councilmembers discussed additional concerns with the current Tobacco Retailer Permit ordinance. These concerns included the inability for a retailer to make a bona-fide sale of their business into the future, and rules surrounding the relocation of a business. Finally, the City Council expressed their desire to promote the public health and safety of the community by discontinuing the issuance of any new Tobacco Retailer Permits in the future. At the conclusion of the hearing, the Council directed staff to make further amendments to address the above concerns. Staff has taken the Council’s direction and is now presenting an updated ordinance for review. Proposed Ordinance In the proposed Ordinance, staff presents amendments to Burlingame Municipal Code Sections 8.19.110 and 8.19.120 of Chapter 18.19 in accordance with the City Council’s direction. The amendment to Section 8.19.110 simply adds a prohibition on the issuance of new Tobacco Retailer Permit, including any new Hookah Tobacco Retailer Permits, following the effective date of the proposed Ordinance. The proposed amendments to Section 8.19.120 are similar to those presented at the November 18, 2024 regular meeting, with one significant change. Similar to the draft ordinance reviewed on November 18, 2024, the proposed Ordinance contemplates a change that would allow existing retailers the ability to transfer their permit to a new owner at the same physical location so long as Amending BMC Chapter 8.19 re: Existing Tobacco Retailer Transfer Exemptions December 2, 2024 3 there has been a complete transfer of ownership in an “Arm’s Length Transaction.” At the prior hearing, the transaction, and the corresponding transfer of the permit, must have been completed by January 1, 2027, to be effective. Following direction of the City Council, the updated proposed Ordinance would allow this type of transfer to continue indefinitely. Second, and substantively the same as presented at the November meeting, the proposed amendments allow an existing tobacco retailer to transfer their permit to a new physical location for a short period of time. To be effective, the retailer must not propose any additional changes to the permit (such as a change in ownership), and the location may not be located within 250 feet of a Youth-Populated Area, as defined in the existing code. Finally, the new retail location must be occupied by the retailer prior to January 16, 2027, to be effective. Assuming these criteria are met, the retailer would not be subject to the remaining distance requirements found Section 8.19.230. This amendment addresses the concern expressed by retailers that the City’s program halted their short-term relocation plans by allowing existing retailers a brief period for relocation. FISCAL IMPACT If a transfer is requested, staff time will be required to administer the transfer and re-issue the permit. The fiscal impact of this additional staff time is nominal and can be absorbed into current Department budgets. Exhibits: • Proposed Ordinance • Ordinance No. 2026 1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AMENDING CHAPTER 8.19 OF TITLE 8 OF THE BURLINGAME MUNICIPAL CODE TO ALLOW EXISTING TOBACCO RETAILER PERMIT HOLDERS AN EXEMPTION FROM CERTAIN RELOCATION DISTANCE REQUIREMENTS FOR A PERIOD OF TWO YEARS, ELIMINATING CERTAIN RESTRICTIONS ON RETAILER PERMIT TRANSFERS AND DISCONTINUING THE ISSUANCE OF NEW TOBACCO RETAILER PERMITS; CEQA DETERMINATION: EXEMPT PURSUANT TO STATE CEQA GUIDELINES SECTION 15378 AND 15061(b)(3) WHEREAS, the U.S. Center for Disease Control and Prevention (“CDC”) and the U.S. Public Health Service estimates that exposure to secondhand smoke causes an estimated 41,000 deaths each year 1; and WHEREAS, the U.S. Environmental Protection Agency (“EPA”) has stated that the adverse health effects of second-hand smoke remain the same regardless of whether the exposure occurs indoors or outdoors, and that outdoor secondhand smoke inhalation poses health risks to children2; and WHEREAS, the California Department of Public Health (“CDPH”) has found that as of 2019, only 6.9% of Californians currently smoke cigarettes3; and WHEREAS, the Burlingame Municipal Code currently prohibits smoking in various portions of the City, including (but not limited to) buildings, restaurants, sports fields, and within 25 feet of most city-owned parks and facilities; and WHEREAS, an updated Tobacco Retailer Permit Program was recently adopted by San Mateo County to combat youth tobacco sales through tougher enforcement measures; and; WHEREAS, the County had encouraged its municipalities to adopt an identical program, and has incentivized adoption by offering to perform the administration of any identical program; and 1 U.S. Department of Health and Human Services. The Health Consequences of Smoking: 50 Years of Progress. A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2014. Printed with corrections, January 2014. 2 U.S. Environmental Protection Agency, Is outdoor exposure to secondhand smoke comparable to indoors? Accessed 10 March 2023. www.epa.gov/indoor-air-quality-iaq/outdoor-exposure-secondhand-smoke- comparable-indoors 3 California Department of Public Health, California Tobacco Control Program. California Tobacco Facts and Figures 2021. Sacramento, CA: California Department of Public Health; November 2021. 2 WHEREAS, pursuant to Ordinance No. 2026, adopted March 18, 2024, the City Council did establish a Tobacco Retailer Permit Program, codified in Chapter 18.19, “Tobacco Retailer Permit,” of Title 8 of the Burlingame Municipal Code, which regulates the sale of tobacco in the City limits; and WHEREAS, the City’s Tobacco Retailer Permit Program provided certain exemptions for on-site hookah consumption, thereby requiring the City to manage administration of the program through the Burlingame Police Department; and WHEREAS, among other restrictions, the City’s Tobacco Retailer Permit Program established limitations on transfers of tobacco permits, and does not allow new tobacco retailers to be located within 500 feet of an existing tobacco retailer, or within 1,000 feet of a “youth populated area,” as defined by Ordinance No. 2026; and WHEREAS, City staff has received feedback from members of the public that Ordinance No. 2026’s distance and transfer requirements have created a hardship for existing tobacco retailers who had been considering the movement or sale of their business; and WHEREAS, the Economic Development Subcommittee considered public feedback at their meeting on October 16, 2024, and directed staff to prepare amendments to Ordinance No. 2026; and WHEREAS, the City Council discussed the transferability of Tobacco Retailer Permits at their November 18, 2024 Regular Meeting, and directed Staff to draft an Ordinance allowing a short period of time for existing tobacco retailers to relocate their business, eliminating certain restrictions on the transfer or sale of their business of a business, and halting the issuance of new Tobacco Retailer Permits within the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES ORDAIN AS FOLLOWS: Section 1. The recitals set forth above are true and correct, and are hereby incorporated herein by this reference as if fully set forth in their entirety. Section 2. The City Council hereby finds that this Ordinance is in the public interest. Section 3. The Ordinance is not a project within the meaning of Section 15378 of the CEQA Guidelines because it is not a “project” and 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 3 contained in CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty to have no possibility of a significant effect on the environment. Section 4. If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion or sections of the Ordinance. The City Council of the City of Burlingame hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional. Section 5. Chapter 8.19 of Title 8 of the Burlingame Municipal Code is amended as reflected in Exhibit A, attached hereto and incorporated herein by reference. Exhibit A shows additions with underlined text and deletions with strike out text. The Sections of the Chapter which do not include amendments are not shown in this exhibit, and remain unchanged. Section 6. This Ordinance shall go into effect 30 days following its adoption. Section 7. The City Clerk is directed to publish this ordinance in a manner required by law. Donna Colson, Mayor 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 2nd day of December 2024 and adopted thereafter at a regular meeting of the City Council held on the ______ day of ___________ by the following votes: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ATTEST: ___________________________________ Meaghan Hassel - Shearer, City Clerk 4 EXHIBIT A Chapter 8.19 - TOBACCO RETAILER PERMIT 8.19.110 – Requirement for a permit. (a) No tobacco retailer or other person shall sell or offer for sale any tobacco product without a current and valid tobacco retailer permit from the city of Burlingame for each location where such activities are conducted. (b) Permits are valid for one year and must be renewed annually by the permit holder in order to continue to sell or offer for sale any tobacco product. A retailer must obtain a separate permit for each location at which any tobacco product will be sold, offered for sale or distributed. A permit shall expire at the end of its term, unless renewed prior to its expiration, and the tobacco retailer must obtain a new permit prior to any further sale, offer for sale, or distribution of any tobacco product. (1) The city will permit no more than two hookah tobacco retailers within the city limits. To become a hookah tobacco retailer, the applicant must specifically note this request upon their tobacco retailer permit application, and must otherwise comply with all other requirements of this chapter. This includes, but is not limited to, the additional requirements for the sale of hookah tobacco located in Section 8.19.160. (i) A hookah tobacco retailer is also required to offer customers at least one non-tobacco, non-nicotine hookah alternative. (2) The city will not issue any new Tobacco Retailer Permits after the effective date of this Ordinance. This prohibition shall include the issuance of any new Hookah Tobacco Retailer Permits. All transfers of permits must be done in accordance with Section 8.19.120 below. (c) No tobacco retailer shall violate, or cause or allow the tobacco retailer's agents or employees to violate, any provision of this chapter or any other local, state, or federal law applicable to tobacco products or tobacco retailing. (d) Tobacco retailers are responsible for the actions of their employees and agents relating to the sale, offer to sell, and furnishing of tobacco products at the retail location. The sale of any tobacco product by a tobacco retailer employee shall be considered an act of the tobacco retailer, and the permit holder shall be responsible for any and all penalties levied. (e) Nothing in this chapter shall be construed to penalize the purchase, use, or possession of a tobacco product by any person not engaged in tobacco retailing. 5 8.19.120 - Permit is Nontransferable. (a) Tobacco Retailer Permits are nontransferable as between Persons, locations, or otherwise except as noted in this Section. Any attempted transfer other than those noted below shall render the Permit null and void. (b) Notwithstanding any other provision of this Chapter, prior violations of this Chapter at a location shall continue to be counted against that location and Permit ineligibility and suspension periods shall continue to apply to that location unless: (1) One hundred percent of the interest in the stock, assets, or income of the business, other than a security interest for the repayment of debt, has been transferred to the new owner(s); and (2) The City is provided with clear and convincing evidence, including an affidavit, that the business has been acquired in an Arm's Length Transaction. An Arm’s Length Transaction, for the purposes of this section, means a transaction in which two or more unrelated and unaffiliated parties agree on the transfer in question; the parties act independently and in their own self-interest; and the parties have equal bargaining power and symmetric information, leading the parties to agree upon fair-market terms. (b) Notwithstanding any other provision of this Chapter, an existing Tobacco Retailer Permit Holder may transfer their Permit to a Transferee at the same physical location under the following circumstances: (1) One hundred percent of the interest in the stock, assets, or income of the business, other than a security interest for the repayment of debt, has been transferred to the new owner(s); and (2) The City is provided with clear and convincing evidence, including an affidavit, that the business has been acquired in an Arm's Length Transaction. An Arm’s Length Transaction, for the purposes of this Section, means a transaction in which two or more unrelated and unaffiliated parties agree on the transfer in question; the parties act independently and in their own self-interest; and the parties have equal bargaining power and symmetric information, leading the parties to agree upon fair-market terms; and (3) The transferring Tobacco Retailer had obtained a valid Tobacco Retailer Permit from the City prior to the effective date of this Ordinance. (c) Notwithstanding any other provision of this Chapter, an existing Tobacco Retailer Permit Holder may transfer the location of their permit and not be subject to the distance limits set forth in Section 8.19.230(c) and Section 8.19.230(d) under the following circumstances: 6 (1) Other than the change in location, there are no additional changes made to the existing Tobacco Retailer Permit, including (but not limited) changes to persons or owners; and (2) The new location is not located within 250 feet of a Youth-Populated Area; and (3) The sale of tobacco at the new location complies with all other applicable local, state and federal laws and regulations, including (but not limited to) the City’s Zoning Code; and (4) The Tobacco Retailer had obtained a valid Tobacco Retailer Permit from the City prior to the effective date of this Ordinance; and (5) The City is provided clear and convincing evidence that the Tobacco Retailer Permit Holder has executed a lease or purchase agreement for the new retail location, and that occupancy of the new location by the Tobacco Retailer Permit Holder will occur prior to January 16, 2027. (d) If a transfer of a Tobacco Retailer Permit is completed pursuant to Paragraphs (b) or (c) above, prior violations of this Chapter by the former owner or location shall continue to be counted against the Transferee or location, respectively, and Permit ineligibility and suspension periods shall continue to apply. (e) The exemption to Tobacco Retailer Permit Transfers found in Paragraph (c) of this Section shall expire at midnight on January 16, 2027. 1 STAFF REPORT AGENDA NO: 11a MEETING DATE: December 02, 2024 To: Honorable Mayor and City Council Date: December 02, 2024 From: Alyssa Diaz, Executive Assistant – (650) 558-7204 Subject: Consideration of Three Appointments to the Beautification Commission RECOMMENDATION Staff recommends that the City Council make appointments to fill three vacancies on the Beautification Commission or take other action. BACKGROUND The vacancies are due to the expiring terms of Commissioners Sean Chu, Richard Kirchner, and Hadia Khoury. The vacancies were publicized, and notification letters were sent to past Commission applicants. The City received five applications as of the deadline of October 11, 2024. The City Council interviewed Sean Chu, Antoinette Damico, Hadia Khoury, Richard Kirchner, and Laura Medanich, on November 19, 2024. Commissioner Khoury subsequently withdrew her application from further consideration. The terms will be for three years, ending October 7, 2027. 1 STAFF REPORT AGENDA NO: 11b MEETING DATE: December 02, 2024 To: Honorable Mayor and City Council Date: December 02, 2024 From: Alyssa Diaz, Executive Assistant – (650) 558-7204 Subject: Consideration of Two Appointments to the Parks & Recreation Commission RECOMMENDATION Staff recommends that the City Council make appointments to fill two vacancies on the Parks & Recreation Commission or take other action. BACKGROUND The vacancies are due to the expiring terms of Commissioners John Brunello and Leslie Holzman. The vacancies were publicized, and notification letters were sent to past Commission applicants. The City received five applications as of the deadline of October 18, 2024. The City Council interviewed Doug Bojack, John Brunello, John Giere, and Kim Kilgo on November 19, 2024. The terms will be for three years, ending October 7, 2027.