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Agenda Packet - CC - 2025.07.07 Regular Meeting
City Council City of Burlingame Meeting Agenda BURLINGAME CITY HALL 501 PRIMROSE ROAD BURLINGAME, CA 94010 Council Chambers/Zoom7:00 PMMonday, July 7, 2025 To Attend the Meeting in Person: Council Chambers, 501 Primrose Road, Burlingame, California 94010 To Attend the Meeting via Zoom: Consistent with Government Code Section 54953, the meeting will also be held via Zoom. To access the meeting by computer: Go to www.zoom.us/join Meeting ID: 895 0011 7551 Passcode: 626187 To access the meeting via phone: Dial 1-669-900-6833 Meeting ID: 895 0011 7551 Passcode: 626187 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, but the Mayor may adjust the time limit in light of the number of anticipated speakers. To Provide Public Comment via Email: Members of the public may provide written comments by email to publiccomment@burlingame.org. 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 July 7, 2025, will be included in a supplemental packet that will be sent to the City Council prior to the meeting and published on the City's website here: https://www.burlingame.org/169/City-Council---Agendas-and-Minutes Page 1 City of Burlingame Printed on 7/3/2025 1 July 7, 2025City Council Meeting Agenda 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 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. ROLL CALL 4. REQUEST FOR AB 2449 REMOTE PARTICIPATION Announcements/consideratoin and approval of requests by City Councilmembers to participate remotely pursuant to AB 2449 (Government Code Section 54953(f)). 5. REPORT OUT FROM CLOSED SESSION 6. UPCOMING EVENTS 7. PRESENTATIONS 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. Page 2 City of Burlingame Printed on 7/3/2025 2 July 7, 2025City Council Meeting Agenda Approval of City Council Meeting Minutes for the June 16, 2025 Study Sessiona. Meeting MinutesAttachments: Approval of City Council Meeting Minutes for the June 16, 2025 Regular City Council Meeting b. Meeting MinutesAttachments: Adoption of a Resolution Accepting the Mills Canyon Landslide Repair, Project No . 86780, in the Amount of $1,358,252.29 c. Staff Report Resolution Attachments: Adoption of a Resolution Accepting the Laguna Playground Renovation Project No . 86490 in the Amount of $534,659.46 d. Staff Report Resolution Attachments: Adoption of a Resolution Accepting the 2024 Street Resurfacing Project by Interstate Grading and Paving, Inc., City Project No. 86720, in the Amount of $2,123,552.88 e. Staff Report Resolution Final Progress Payment Project Location Map Attachments: Adoption of a Resolution Authorizing New Job Classifications and Approving the City of Burlingame Pay Rates and Ranges (Salary Schedule) f. Staff Report Resolution Salary Schedule Building Division Supervisor Deputy City Manager GIS Coordinator IT Manager Attachments: Page 3 City of Burlingame Printed on 7/3/2025 3 July 7, 2025City Council Meeting Agenda Adoption of a Resolution Approving the Updated Themed Block Tree Species Listg. Staff Report Resolution Shangtung Maple Data Sheet Gambel Oak Data Sheet Alphen's Globe Planetree Data Sheet February 6, 2025 Beautification Commission Staff Report and Minutes March 6, 2025 Beautification Commission Staff Report and Minutes May 1, 2025 Beautification Commission Staff Report and Draft Minutes Attachments: Adoption of a Resolution Authorizing the City Manager to Execute a $110,000 Professional Services Agreement with Fehr and Peers to Develop a Citywide Transportation Demand Management (TDM) Strategic Plan h. Staff Report Resolution Professional Services Agreement Scope of Work and Budget Attachments: Adoption of a Resolution Authorizing the City Manager to Execute Side Letter Agreements to the Memoranda of Understanding with the AFSCME Local 829 Administrative Unit and AFSCME Local 829 Maintenance Unit i. Staff Report Resolution Side Letter Administrative Unit Side Letter Maintenance Unit Attachments: Adoption of a Resolution Authorizing the City Manager to Negotiate and Execute a First Amendment to the Lease Agreement with 1440 Chapin Owner LLC for 1440 Chapin Avenue j. Staff Report Resolution Lease Agreement Attachments: Adoption of a Resolution Awarding a $450,000 Agreement to Bear Electrical Solutions to Provide Annual On-Call Traffic Signal Maintenance Services for a Three -Year Period and Authorizing the City Manager to Execute the Agreement k. Staff Report Resolution Agreement Attachments: Page 4 City of Burlingame Printed on 7/3/2025 4 July 7, 2025City Council Meeting Agenda Adoption of a Resolutions Awarding a $1,783,783 Construction Contract to G. Bortolotto & Company, Inc., for the 2025 Street Resurfacing Program, City Project No . 86970; and Approving a Cost Sharing Agreement with the City of San Mateo for North Humboldt Street Resurfacing l. Staff Report Resolution - Construction Contract Resolution - Cost Sharing Agreement Bid Summary Construction Contract Cost Sharing Agreement Project Location Map Attachments: Adoption of a Resolution Awarding a $357,200 Agreement for Public Improvement to B and D Excavation and Construction for the Easton Creek Berm Improvements and El Portal Channel Rehabilitation, City Project No. 86730, Authorizing the City Manager to Execute the Agreement, and Authorizing a 25% Construction Contingency in the Amount of $89,300 m. Staff Report Resolution Construction Contract Bid Summary Project Location Map Attachments: Adoption of a Resolution Declaring One or Both Parcels Composing Parking Lot H as Surplus Land Pursuant to the Surplus Land Act and Authorizing the City Manager to Prepare, Publish, and Distribute a Notice of Availability for One or Both Parcels n. Staff Report Resolution Attachments: Adoption of a Resolution Approving and Authorizing the City Manager to Exercise the Option to Extend the Agreement with Caine Computer Consulting, LLC, to Provide Information Technology Services to the Police Department for Fiscal Years 2025-26 and 2026-27 for a Total of $269,794 o. Staff Report Resolution Original Agreement (FY 2021-22 through FY 2022-23) Extension Agreement (FY 2023-24 through FY 2024-25) Extension Agreement (FY 2025-26 through FY 2026-27) Attachments: 10. PUBLIC HEARINGS (Public Comment) Page 5 City of Burlingame Printed on 7/3/2025 5 July 7, 2025City Council Meeting Agenda 11. STAFF REPORTS AND COMMUNICATIONS (Public Comment) Consideration of Appointment to the Traffic, Safety & Parking Commissiona. Staff ReportAttachments: Consideration of Two Appointments to the Library Board of Trusteesb. Staff ReportAttachments: Adoption of a Resolution Establishing Affordable Housing Fund Goals and Priorities and Authorizing the City Manager to Establish and Administer a Notice of Funding Availability (NOFA) for Disbursement of the Affordable Housing Fund c. Staff Report Resolution Affordable Housing Fund Goals and Priorities Affordable Housing Fund NOFA HOPE Committee Summary Report Attachments: Discussion of the Metropolitan Transportation Commission's Transit-Oriented Communities Policy d. Staff Report Policy Administrative Guidance Evaluation Criteria Framework Attachments: 12. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Councilmembers report on committees and activities and make announcements. 13. FUTURE AGENDA ITEMS 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 Page 6 City of Burlingame Printed on 7/3/2025 6 July 7, 2025City Council Meeting Agenda 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, July 7, 2025 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, July 7, 2025 at (650) 558-7203 or at mhasselshearer@burlingame.org. Notification in advance of the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting, the materials related to it, and your ability to comment. NEXT CITY COUNCIL MEETING NOTE - The Monday, July 21, 2025 and Monday, August 4, 2025 City Council Meetings are cancelled Regular City Council Meeting on Monday, August 18, 2025 at 7:00 p.m. VIEW REGULAR COUNCIL MEETING ONLINE https://www.burlingame.org/169/City-Council---Agendas-and-Minutes 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 7 City of Burlingame Printed on 7/3/2025 7 Agenda Item: 9a Meeting Date: July 7, 2025 1 BURLINGAME CITY COUNCIL Unapproved Minutes City Council Study Session on June 16, 2025 1. CALL TO ORDER A duly noticed meeting of the Burlingame City Council was held on the abo ve date in person and via Zoom at 6:02 p.m. 2. ROLL CALL MEMBERS PRESENT: Brownrigg*, Colson**, Pappajohn, Stevenson, Thayer MEMBERS ABSENT: None * Vice Mayor Brownrigg arrived at the meeting at 6:02 p.m. ** Councilmember Colson appeared at the meeting remotely as noticed on the agenda from Shanagarry, Co. Cork, Ireland. 3. REQUEST FOR AB 2449 REMOTE PARTICIPATION There were no requests. 4. STUDY SESSION a. STUDY SESSION: DISCUSSION OF INVESTMENT POLICY FOR FISCAL YEAR 2025-26 Finance Director Yu-Scott stated that the purpose of the Study Session was to provide Council with background regarding the City’s Investment Policy and investment portfolio. She explained that in October 2024, former Councilmember Lee voiced concerns about the City’s investment portfolio and expressed interest in providing input on the City’s Investment Policy. Vice Mayor Brownrigg arrived at the meeting at 6:02 p.m. PFM Asset Management (the firm) representative Justin Resuello began by discussing the history of PFM Asset Management. He explained that it is a division of U.S. Bancorp Asset Management Inc., with more than 40 years of experience providing public sector investment solutions. He stated that the firm was built 8 Agenda Item: 9a Meeting Date: July 7, 2025 2 to serve state and local governments, public pensions, higher education, and other post-employment benefit trusts. He added that the firm manages $174.6 billion in public sector assets for over 729 clients. Mr. Resuello discussed the firm’s work for Burlingame since 2014: The portfolio has generated $20,259,579.90 in earnings The portfolio yield at cost has increased by over 200 basis points The portfolio has outperformed the benchmark since inception by more than 27 basis points Portfolio assets remain safe and diversified He provided a bar chart that depicted the continued growth in interest since 2014. Mr. Resuello reviewed the firm’s investment approach: 1. Yield-Curve and Duration Positioning o Portfolio structured (bullet, barbell, ladder) to rate outlook and specific client needs o Adjust target duration versus client benchmarks as market dynamics change 2. Sector/Industry Rotation/Migration o Emphasize coupon income by prioritizing exposure to credit sectors o Focused on relative value per sector/industry o Ensure sector diversification 3. Security Selection o Ensure issuer diversification o Incorporate rating/headline risk with fundamentals o Emphasize primary market issuance o Avoid illiquid/esoteric securities o Manage portfolio call risk o Utilize all tactical trading methods (electronic, direct, multiple dealers, market makers, etc.) Mr. Resuello explained that the City’s portfolio is not in stocks and is instead a fixed income bond portfolio, which is regulated by California State Code. Mr. Resuello reviewed the firm’s checks and balances: 1. Portfolio Trading – daily monitoring of client portfolios versus current strategy and policy limits 2. Investment Services – trading support and settlement, data management, and investment rules 3. Accounting – daily reconciliation with client custodians to ensure data integrity 4. Compliance – independent, active pre- and post- trade compliance monitoring and testing Vice Mayor Brownrigg asked if he was correct that the firm is using the ICE benchmark for treasuries. He added that this is measured on underlying treasuries that are going to clear quickly and provide liquidity for the fund. Mr. Resuello replied in the affirmative. Vice Mayor Brownrigg asked if the City should take a portion of resources and not require that they have liquidity within 30 days or measure performance against a benchmark that is liquidity within 30 days. Mr. 9 Agenda Item: 9a Meeting Date: July 7, 2025 3 Resuello replied that this was a fair observation. He explained that while individuals can invest freely, State legislation has reined in the ability of State agencies and municipalities to do so. Councilmember Colson asked if she was correct that the 27 basis points is an annualized number. Mr. Resuello replied in the affirmative. Mr. Resuello reviewed the firm’s approach to investing: Understanding the client’s investment objectives Carefully matching maturities to the client’s cash flow needs Limiting investments to those of high quality Selecting investments based on relative value Utilizing low-risk portfolio management techniques to add value Mr. Resuello discussed California Government Code Section 53600 and the California Debt and Investment Advisory Commission’s Local Agency Investment Guidelines, which control how municipalities’ funds are invested. He explained that the firm takes the nuances of the State code to craft a municipality’s investment policy. Mr. Resuello discussed how the firm reviews the City’s Investment Policy with staff: 1. Initially – Examine current policy in relation to: o Industry standards and best practices o Code requirements o Diversification and maturity standards o Risk tolerance and preferences o Reporting standards and requirements 2. Annually o Review and address changes to Code o Re-evaluate authorized list of investments o Re-evaluate maturity limits and benchmark o Discuss strategy implementation 3. Ongoing o Monitor and enforce compliance o Monitor changes to Code and best practices o Provide accurate and timely information Mr. Resuello reviewed the foundations of a strong investment policy: 1. Policy Components o Objectives o Standards of prudence o Ethics and conflicts o Delegation of authority o Competitive selection 10 Agenda Item: 9a Meeting Date: July 7, 2025 4 o Performance and reporting standards o Safekeeping and custody o Authorized investments o Diversification o Maximum maturity o Security downgrades 2. Considerations o Language that meets current industry standards and practices o Language that conforms to requirements set forth in the applicable statutes o Considers use of different investment sectors o Considers maturity limits o Incorporates diversification and maturity standards o Includes strong controls Mayor Stevenson asked if he was correct that the State guidelines under Government Code Section 53600 are just guidelines. Mr. Resuello replied in the affirmative. Mr. Resuello discussed how risks have diminished in U.S. treasuries. He explained that as a result , the firm moved more of the City’s portfolio from federal agency allocations into U.S. treasuries. He added that previously a portion of the City’s portfolio was in municipal bonds; however, this is no longer the case. He noted these changes to show how the firm actively manages the City’s portfolio. Mr. Resuello reviewed how credits are chosen and monitored: 1. Idea generation from the trading desk, credit research term, or portfolio managers 2. Issuer viability screening 3. Detailed analysis by credit analyst 4. Issuers approved product list must receive unanimous approval from the Credit Committee 5. Continuous monitoring for changes that may impact stability and subsequent recommendations for modification 6. Checks and balances are enforced via a feedback loop 7. Approved list can be reviewed and edited per the request of any Credit Committee member Mr. Resuello reviewed the City’s portfolio as of May 31, 2025. He noted the issuer diversification including: U.S. Treasury Federal National Mortgage Association State Board of Administration Finance Corporate – (Amazon, Apple, Citigroup Inc., Microsoft Corp., Target Corp., and Trust Financial Corp.) Mr. Resuello explained that many of the issuer’s holdings are under 2% in order to ensure that the City’s funds are secure and diversified. He noted that a proposal was made to bring this down to 0.8%. He stated that the firm structures the investment policy statement to be in line with California State Code. Therefore, 11 Agenda Item: 9a Meeting Date: July 7, 2025 5 while the proposal might not have a significant impact to the City’s strategy, it might adversely impact the ability of the portfolio to take advantage of new issues. Mayor Stevenson stated a lot of the holdings were in the corporate financial sector. He asked about the viewpoint from PFM on why that is the preferred distribution. Mr. Resuello replied that financial institutions generally issue the most volume of corporate bonds. Mr. Resuello reviewed the one to five year strategy of the City’s current portfolio: Portfolio duration – 2.19 years Portfolio gross yield – 4.23% Average rating - AA Mr. Resuello stated that the firm’s preference is that the City’s Investment Policy be aligned with State Code. He explained that if it was Council’s direction to constrain the portfolio (by not allowing holdings over 0.8%), then a fiduciary instruction letter should be used. He noted that the instructions in the letter could include avoidance of certain asset classes or adherence to particular constraints. Mr. Resuello reviewed the firm’s investment philosophy of an active, relative -value-based approach, with an emphasis on investment-grade securities and downside protection. He added that the three fundamental objectives of the investment process are: Safety – preserve capital with high-quality investments Liquidity – plan for and provide liquidity as needed Yield – strategy in line with your return objectives and risk tolerances Vice Mayor Brownrigg stated that on one of the slides, Mr. Resuello had shown the current gross yields returns and then what the gross yields returns would be under the proposal for keeping holdings under 0.8%. He explained that he had a hard time arguing for taking less risk when the City is already operating on a conservative metric. Mayor Stevenson asked former Councilmember Lee, whose proposal it was to keep holdings under 0.8%, for her opinion. Former Councilmember Lee said that her concern was to protect the City against a “Black Swan Event.” She explained that a “Black Swan Event” is when one individual causes a corporation to go bankrupt overnight. She gave examples of Enron and Bering Strait. She noted that it is Council’s decision to determine what the City’s risk tolerance should be, keeping in mind that when a bond defaults, you usually get about 50% back. Former Councilmember Lee stated that the current Investment Policy allows up to 30% in corporate notes and 10% in ABS. She explained that she just wanted it to be codified that it was limited to these numbers. Mayor Stevenson asked her if she would still recommend capping an issuer’s holdings at under 0.8%. Former Councilmember Lee replied in the affirmative. She explained that by doing this and capping the 12 Agenda Item: 9a Meeting Date: July 7, 2025 6 City’s overall holdings in corporate notes, it would help to diversify the City’s portfolio and prevent against a “Black Swan Event”. Vice Mayor Brownrigg asked what percentage of holdings the former Councilmember thought the City should hold in corporate notes. Former Councilmember Lee replied that the current policy allows for 30%, but she would recommend 22%. Councilmember Colson stated that overall, the City’s portfolio is incredibly conservative. She explained that her concern would be that pushing the City further into treasuries could lead to volatility. Councilmember Colson stated that the State allows for 5% in holdings , and the City is at 2%. She explained that she was comfortable with the portfolio the way it is. Vice Mayor Brownrigg discussed “Black Swan Events” and noted that he isn’t adverse to having more names in the corporate allocation. He added that he would want to see the corporate allocation incr eased to 22%. Mayor Stevenson stated that he felt comfortable with the Investment Policy but thought the portfolio could be more diverse. Mayor Stevenson opened the item up for public comment. No one spoke. Vice Mayor Brownrigg stated that he didn’t believe the Council wanted to shift the policy. However, with the turbulence in the economy and in treasuries, he suggested that the Council hold an annual study session on the Investment Policy. The Council concurred with the Vice Mayor. 5. ADJOURNMENT Mayor Stevenson adjourned the meeting at 7:03 P.M. Respectfully submitted, Meaghan Hassel-Shearer City Clerk 13 Agenda Item: 9b Meeting Date: July 7, 2025 1 BURLINGAME CITY COUNCIL Unapproved Minutes Regular City Council Meeting on July 7, 2025 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 7:08 p.m. 2. PLEDGE OF ALLEGIANCE TO THE FLAG The Pledge of Allegiance was led by the City Council. 3. ROLL CALL MEMBERS PRESENT: Brownrigg, Colson*, Pappajohn, Stevenson, Thayer MEMBERS ABSENT: None * Councilmember Colson appeared remotely as noticed on the agenda from Shanagarry, Co. Cork, Ireland. 4. REQUEST FOR AB 2249 REMOTE PARTICIPATION There was no request. 5. REPORT OUT FROM CLOSED SESSION There was no closed session. 6. UPCOMING EVENTS Mayor Stevenson reviewed upcoming events in the city. 7. PRESENTATIONS a. PROCLAMATION RECOGNIZING JUNETEENTH Mayor Stevenson read a proclamation recognizing Juneteenth. 14 Agenda Item: 9b Meeting Date: July 7, 2025 2 The Council discussed the importance of recognizing holidays like Juneteenth. b. PROCLAMATION RECOGNIZING NATIONAL MOSQUITO CONTROL AWARENESS WEEK Mayor Stevenson read a proclamation recognizing National Mosquito Control Awareness Week. San Mateo County Mosquito and Vector Control District (“District”) Manager Brian Weber gave a presentation about the work of the District including: Mosquito control Mosquitofish Insect and tick ID Rodent inspections Yellowjacket control Community education Disease surveillance Mr. Weber discussed the work that the District accomplished in Burlingame in 2024: 204 Total Service Requests – residents can submit service requests via phone or online at smcmvcd.org 59 Rodent Service Requests – technicians conduct a comprehensive exterior inspection and provide a detailed report 48 Yellowjacket and Wasp Service Requests – technicians can treat nests if the resident knows where the nest is located 40 Mosquito Service Requests – technicians collect samples and search the area to find and treat mosquito sources 27 Standing Water Service Requests – known locations with standing water that have potential to breed mosquitoes 1,886 Site Inspections – mosquito sources are inspected multiple times each year to detect mosquito breeding 394 Site Treatments – control methods include biorational and chemical products to treat actively breeding sources 18 Dead Birds Reported – residents report dead birds, which can be an early indication of West Nile Virus in an area 0 West Nile Virus Positive Dead Birds – District staff collect and test dead birds for West Nile Virus Mr. Weber discussed different campaigns the District is running, from reporting dead birds to dumping standing water. Mayor Stevenson opened the item up for public comment. No one spoke. The Council thanked Mr. Weber for his presentation. 15 Agenda Item: 9b Meeting Date: July 7, 2025 3 c. RECYCLED WATER PROJECT UPDATE DPW Murtuza reviewed the background of the recycled water project. He noted that a few years ago, the Council identified water conservation as a key initiative for the City and formed a subcommittee. He stated that currently Mayor Stevenson and Councilmember Thayer serve on the subcommittee. He added that the City received a $1 million State grant to study the feasibility of recycled water and also to reduce the amount of treated wastewater discharged to the San Francisco Bay. DPW Murtuza stated that the recycled water project has two objectives: 1. To reduce the amount of treated wastewater discharged to the Bay 2. To study the feasibility of and planning for recycled water DPW Murtuza introduced the consultants for the project: Water Resources Engineering representative Patrick Hassett and Carollo Engineers representative Andrew Salveson. Mr. Hassett discussed factors that are driving the project: Uncertainty of water availability and supply Wastewater discharge reduction requirement from the State (40% reduction in nutrient discharge by 2034) The City’s population increase Mr. Hassett discussed the goals of the feasibility study: Identify project alternatives and perform stakeholder outreach Evaluate feasibility Define preferred alternative Mr. Hassett reviewed the team’s approach to the project: Phase A – alternatives development and screening o City selects three alternatives for evaluation (August 2025) Phase B – alternatives evaluation o City selects preferred alternative (December 2025) Phase C – project implementation Mr. Hassett discussed the City’s current operation where wastewater is discharged from homes and businesses to the Wastewater Treatment Facility and then to the Bay. He explained that in the future, with a recycled water project, wastewater would undergo additional treatments so that some of it could be used for non-potable uses. Mr. Salveson reviewed flowcharts showcasing how different treatments can assist in decreasing the amount of nutrients and water going to the Bay. He explained how by running the wastewater through an advanced purification plant, wastewater could become drinking water. He reviewed a flowchart showing 16 Agenda Item: 9b Meeting Date: July 7, 2025 4 all the treatments that wastewater would need to go through in order to be puri fied and become drinking water. DPW Murtuza reviewed the next steps: In-depth stakeholder interviews Continue Phase A alternatives development Project alternatives screening workshop Agency outreach including Millbrae, San Mateo, BAWSCA, SFPUC, OneShoreline, and SFO Councilmember Pappajohn asked how other agencies financed their water purification processes. Mr. Salveson replied that the projects cost $100 million or more and have received funds from the State and Federal grants. Councilmember Pappajohn asked about the City’s current water usage for landscaping and irrigation. DPW Murtuza replied that more than 50% of water is generally used for landscaping and irrigation purposes. Vice Mayor Brownrigg asked if the City has space constraints at the current water processing plant. DPW Murtuza replied in the affirmative. He explained that the City would need to expand the treatment facility into the parking lot. Vice Mayor Brownrigg discussed the need for this project in order to allow for p opulation growth. Councilmember Thayer thanked the team for the presentation. Mayor Stevenson opened the item up for public comment. No one spoke. The Council thanked the team for their presentation. 8. PUBLIC COMMENTS There was no public comment. 9. APPROVAL OF CONSENT CALENDAR Mayor Stevenson asked the Councilmembers and the public if they wished to remove any item from the Consent Calendar. Councilmember Colson pulled item 9m, and the Council pulled item 9i. Vice Mayor Brownrigg made a motion to adopt items 9a, 9b, 9c, 9d, 9e, 9f, 9g, 9h, 9j, 9k, and 9l; seconded by Councilmember Pappajohn. The motion passed unanimously by roll call vote, 5-0. a. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR THE MAY 19, 2025 C LOSED SESSION 17 Agenda Item: 9b Meeting Date: July 7, 2025 5 City Clerk Hassel-Shearer requested Council approve the City Council Meeting Minutes for the May 19, 2025 Closed Session. b. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR THE MAY 19, 2025 REGULAR CITY COUNCIL MEETING City Clerk Hassel-Shearer requested Council approve the City Council Meeting Minutes for the May 19, 2025 Regular City Council Meeting. c. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR THE MAY 21, 2025 BUDGET STUDY SESSION City Clerk Hassel-Shearer requested Council approve the City Council Meeting Minutes for the May 21, 2025 Budget Study Session. d. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR THE JUNE 2, 2025 REGULAR CITY COUNCIL MEETING City Clerk Hassel-Shearer requested Council approve the City Council Meeting Minutes for the June 2, 2025 Regular City Council Meeting. e. ADOPTION OF A RESOLUTION ACCEPTING THE 2024 SIDEWALK REPAIR PROGRAM BY JJR CONSTRUCTION, INC., CITY PROJECT NO. 86710, IN THE AMOUNT OF $1,016,018 DPW Murtuza requested Council adopt Resolution Number 059-2025. f. ADOPTION OF A RESOLUTION APPROVING THE FINAL PARCEL MAP (PM 24 -01), LOT MERGER, AND SUBDIVISION OF A PORTION OF PARCEL A, BLOCK 8, ANZA AIRPORT PARK UNIT NO. 6 SUBDIVISION, AND A PORTION OF PARCEL G, BLOCK 7, ANZA AIRPORT PARK NO. 7 SUBDIVISION AT 555-577 AIRPORT BOULEVARD DPW Murtuza requested Council adopt Resolution Number 060-2025. g. ADOPTION OF A RESOLUTION APPROVING THE UPDATED SANITARY SEWER MANAGEMENT PLAN DPW Murtuza requested Council adopt Resolution Number 061-2025. h. ADOPTION OF A RESOLUTION APPROVING A $299,125 PROFESSIONAL SERVICES AGREEMENT WITH WILSEY HAM FOR THE BURLINGAME GARDENS AND NEIGHBORHOOD WATER MAIN REPLACEMENT PROJECT, CITY PROJECT NO. 86442, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT DPW Murtuza requested Council adopt Resolution Number 062-2025. 18 Agenda Item: 9b Meeting Date: July 7, 2025 6 i. APPROVAL OF REVISIONS TO THE INVESTMENT POLICY FOR FISCAL YEAR 2025-26 Mayor Stevenson stated that the Council had a study session, prior to this regular meeting, regarding the City’s Investment Policy. He noted that the Council agreed to continue utilizing its current Investment Policy with the requirement that the Council conduct an annual review and discussion of the policy. Councilmember Colson added that the Council also agreed to review the investment management firm on an annual basis. Mayor Stevenson opened the item up for public comment. No one spoke. Mayor Stevenson made a motion to accept the City’s curr ent Investment Policy with guidance to undertake an annual review of the policy and the investment management firm; seconded by Councilmember Colson. The motion passed unanimously by roll call vote, 5-0. j. ADOPTION OF A RESOLUITION AUTHORIZING THE CITY MANAGER OR HER DESIGNEE TO DISPOSE OF SURPLUS PARKING METERS Interim Police Chief Boll requested Council adopt Resolution Number 063-2025. k. ADOPTION OF A RESOLUTION AUTHORIZING A SECOND AMENDMENT OF THE CITY ATTORNEY’S EMPLOYMENT AGREEMENT AND APPROVING THE CITY OF BURLINGAME PAY RATES AND RANGES (SALARY SCHEDULE) HR Director Saguisag-Sid requested Council adopt Resolution Number 064-2025. l. ADOPTION OF A RESOLUTION APPROVING THE CITY OF BURLINGAME SALARY SCHEDULE – CASUAL EMPLOYEES, EFFECTIVE JUNE 30, 2025 HR Director Saguisag-Sid requested Council adopt Resolution Number 065-2025. m. ACCEPTANCE OF THE CITY OF BURLINGAME’S ASSESSMENT OF INTERNAL CONTROLS REPORT Councilmember Colson stated that the independent auditor who reviewed the City’s policies an d procedures gave the Finance Department high marks. She noted that there were a few minor recommendations that staff willingly agreed to undertake. Finance Director Yu-Scott stated that the City and staff are doing whatever they can to improve processes. Mayor Stevenson opened the item up for public comment. No one spoke. 19 Agenda Item: 9b Meeting Date: July 7, 2025 7 Councilmember Colson made a motion to accept the City’s assessment of internal controls report; seconded by Councilmember Thayer. The motion passed unanimously by roll call vote . 10. PUBLIC HEARINGS a. PUBLIC HEARING AND ADOPTION OF RESOLUTIONS (1) APPROVING PERSONNEL CLASSIFICATION AND POSITION CHANGES; (2) ADOPTING THE FY 2025-26 OPERATING AND CAPITAL BUDGETS AND AUTHORIZING THE FINANCE DIRECTOR TO ASSIGN USES OF FUND BALANCE AMOUNTS; AND (3) APPROVING THE GANN APPROPRIATION LIMIT PURSUANT TO ARTICLE XII B OF THE CALIFORNIA CONSTITUTION Finance Director Yu-Scott reviewed the FY 2025-26 Budget Highlights: Economic Outlook o Rise in economic uncertainty o Escalation of tariffs and trade wars o Increasing unemployment and inflation o Continuation of fiscal and monetary policy changes Budget Strategies o Priority on quality municipal service delivery o Balance discretionary spending and capital needs o Eliminate transfers to the Capital Investment Reserve o Pause contribution to the Pension Trust Fund o Draw from unassigned fund balance Finance Director Yu-Scott discussed the budget changes since the May 21 Budget Study Session: Increase allocation to community services organizations Reduce sales and use tax revenue Update the five-year General Fund forecast Finance Director Yu-Scott discussed the FY 2025-26 proposed General Fund revenues. She noted that the proposed General Fund revenues totaled $92,513,152 for fiscal year 2025-26 with the following breakdown: Property Tax - $35,946,490 Sales and Use Tax - $17,062,890 Transient Occupancy Tax - $22,821,000 Other Taxes o Franchise Tax - $1,934,600 o Business Tax - $1,885,000 o Real Property Transfer Tax - $400,000 o State HOPTR - $64,000 Licenses and Permits - $94,600 Fines, Forfeitures, and Penalties - $668,000 20 Agenda Item: 9b Meeting Date: July 7, 2025 8 Use of Money and Property - $1,507,000 Charges for Services - $7,777,572 Other Revenue - $137,000 State Subventions - $215,000 Interest Income - $2,000,000 Finance Director Yu-Scott reviewed the FY 2025-26 proposed General Fund expenditures. She noted that the proposed General Fund expenditures totaled $85,837,852 for fiscal year 2025-26 with the following breakdown: General Administration - $8,645,014 Public Safety o Fire and Disaster Preparedness - $16,875,797 o Police and Dispatch - $22,087,215 o Parking Enforcement - $837,966 Public Works - $10,743,595 Community Development - $2,904,009 Leisure and Neighborhood Services o Aquatics Center - $735,000 o Library - $7,178,035 o Parks and Tree Maintenance - $9,757,805 o Recreation - $6,073,416 Finance Director Yu-Scott reviewed the proposed personnel classification and position changes for FY 2025 - 26: Reclassification o One Assistant to the City Manager to Deputy City Manager o One Senior Building Inspector to Building Division Supervisor o Two Assistant Planners to two Associate Planners o One Management Analyst to GIS Coordinator Add o One Information Technology Manager o One Parks Maintenance Worker o One Recreation Supervisor o Two Administrative Assistants (City Clerk, Finance, and Public Works) Remove o One Administrative Assistant (Building) Finance Director Yu-Scott reviewed the FY 2025-26 proposed General Fund operating budget: (in millions) General Fund Revenues - $92.51 General Fund Expenditures – ($85.84) 21 Agenda Item: 9b Meeting Date: July 7, 2025 9 Operating Transfers: o Debt Service Obligators – ($3.12) o Cost Recovery (reimbursement from other funds for debt service share and General Fund admin support/overhead charges) - $2.77 Revenues Over/(Under) Expenditures and Operating Transfers - $6.32 Transfer to Capital Improvement Program – ($9.96) Net Surplus/(Deficit) – ($3.64) Finance Director Yu-Scott reviewed the projected FY 2025-26 General Fund balance assignments: General Fund (in thousands) FY 2023-24 Actual FY 2024-25 Adopted Budget FY 2024-25 Revised Budget FY 2025-26 Proposed Budget Economic Stability Reserve $20,074 $20,959 $21,658 $22,203 Catastrophic Reserve $2,000 $2,000 $2,000 $2,000 Contingency Reserve $500 $500 $500 $500 Subtotal, Assigned Fund Balance $22,574 $23,459 $24,158 $24,703 Add: Restricted for Pension Trust Fund $20,301 $18,432 $20,301 $20,301 Add: Unassigned Fund Balance $14,533 $612 $4,888 $700 Total, Ending Fund Balance (Projected) $57,408 $42,503 $49,347 $45,704 Finance Director Yu-Scott reviewed the anticipated General Fund Five-Year Forecast: General Fund (in thousands) FY 2024-25 Revised FY 2025-26 Proposed FY 2026-27 Forecast FY 2027-28 Forecast FY 2028-29 Forecast FY 2029-30 Forecast Total Revenues $90,240 $92,513 $96,148 $99,992 $104,038 $108,267 Total Expenditures ($84,382) ($85,838) ($89,102) ($92,287) ($96,680) ($100,803) Revenues Net of Expenditures $5,858 $6,675 $7,046 $7,705 $7,358 $7,464 Transfer to Debt Service Fund ($3,650) ($3,122) ($3,105) ($3,104) ($3,112) ($3,121) Other Transfers In (Out) $2,388 $2,766 $2,256 $2,059 $2,134 $2,206 22 Agenda Item: 9b Meeting Date: July 7, 2025 10 Revenues Over (Under) Expenditures and Operating Transfers $4,596 $6,319 $6,197 $6,660 $6,380 $6,549 Transfer to Capital Project Fund ($12,657) ($9,962) ($10,765) ($9,305) ($8,410) ($7,710) Net Surplus/(Deficit) ($8,061) ($3,643) ($4,568) ($2,645) ($2,030) ($1,261) Finance Director Yu-Scott reviewed anticipated fund balances in the five-year forecast: Fund Balance (in thousands) FY 2024-25 Revised FY 2025-26 Proposed FY 2026-27 Forecast FY 2027-28 Forecast FY 2028-29 Forecast FY 2029-30 Forecast General Fund Beginning Balance $57,408 $49,347 $45,704 $41,136 $38,491 $36,461 General Fund Ending Balance $49,347 $45,704 $41,136 $38,491 $36,461 $35,201 Assigned Balance: $24,158 $24,703 $25,575 $26,498 $27,469 $28,484 Economic Stability Reserve @24% of Revenue $21,658 $22,203 $23,075 $23,998 $24,969 $25,984 Catastrophic Reserve ($2 million) $2,000 $2,000 $2,000 $2,000 $2,000 $2,000 Contingency Reserve ($0.5 million) $500 $500 $500 $500 $500 $500 PARS Restricted cash $20,301 $20,301 $20,301 $20,301 $20,301 $20,301 Unassigned Fund Balance $4,888 $700 ($4,740) ($8,308) ($11,309) ($13,584) 23 Agenda Item: 9b Meeting Date: July 7, 2025 11 Finance Director Yu-Scott reviewed the proposed FY 2025-26 Capital Improvement Program budget: Program Proposed Budget (in thousands) Street $6,700 Parks and Trees $1,860 Parking and Garages $500 Facilities $7,602 Storm Drain $2,025 Water $3,675 Sewer $4,798 TOTAL $27,160 Finance Director Yu-Scott reviewed the FY 2025-26 proposed citywide budget: Source Funds (in millions) General Fund $85.8 Capital Improvements $27,2 Utilities (Water and Sewer) $32.5 Other Funds $16.7 Total $162.2 Finance Director Yu-Scott thanked her team, the Department Heads, and the Council for their work on getting this budget accomplished. Vice Mayor Brownrigg asked how the City covers costs in future years, when it is projected that the unassigned balance of the General Fund is in the negative. Finance Director Yu -Scott replied that the City is exploring other revenue sources for the future. City Manager Goldman added that the City would be kicking off a revenue raising process in the fall. She explained that the City would be talking with the community about the needs of the City before potentially placing something on the ballot in November 2026. She also noted that the expenditures listed are the ceiling, but the City always spends less due to vacancies, office expense savings, etc. Vice Mayor Brownrigg suggested placing an asterisk on the unassigned balance to highlight the need for additional revenue sources and that the City wouldn’t be spending beyond its means. He also suggested that the City review the Economic Stability Reserve in order to understand if it can be tapped. Councilmember Colson stated that the deficit is in the City’s investment s in infrastructure, which is a cost that continues to escalate whether it is invested in or not. She discussed the City’s Section 115 Trust, which can be utilized to pay pension costs. Mayor Stevenson opened the public hearing. No one spoke. 24 Agenda Item: 9b Meeting Date: July 7, 2025 12 The Council thanked Finance Director Yu-Scott for her report. Vice Mayor Brownrigg made a motion to adopt Resolution Number 066 -2025; seconded by Councilmember Pappajohn. The motion passed unanimously by roll call vote, 5-0. Councilmember Colson made a motion to adopt Resolution Number 067-2025; seconded by Councilmember Thayer. The motion passed unanimously by roll call vote, 5-0. Mayor Stevenson made a motion to adopt Resolution Number 068-2025; seconded by Councilmember Pappajohn. The motion passed unanimously by roll call vote, 5-0. 11. STAFF REPORTS AND COMMUNICATIONS There were no staff reports. 12. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS There were none. 13. FUTURE AGENDA ITEMS There were none. 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 Stevenson adjourned the meeting at 8:43 p.m. in memory of Minnesota State Representative Melissa Hortman and her husband Mark. Respectfully submitted, Meaghan Hassel-Shearer City Clerk 25 1 STAFF REPORT AGENDA NO: 9c MEETING DATE: July 7, 2025 To: Honorable Mayor and City Council Date: July 7, 2025 From: Margaret Glomstad, Parks and Recreation Director – (650) 558-7307 Veronica Flores, Parks Administrative Assistant II – (650) 558-7330 Subject: Adoption of a Resolution Accepting the Mills Canyon Landslide Repair, Project No. 86780, in the Amount of $1,358,252.29 RECOMMENDATION Staff recommends that the City Council adopt the attached resolution accepting the Mills Canyon Landslide Repair, Project No. 86780, in the amount of $1,358,252.29. BACKGROUND During the winter of 2023-2024, Wilsey-Ham Engineering completed the design for the landslide mitigation in Mills Canyon, which included the construction of a subterranean retaining wall. The wall consisted of a line of deep, wide-diameter, cast-in-place reinforced concrete piers installed at the base of the scarp. The piers were made large and deep enough to act as a barrier, preventing the enlargement of the landslide into private properties. On April 5, 2024, the City received five bids for the project, ranging in price from $744,964.50 to $1,269,775.00. The apparent low bidder was Anvil Builders, Inc., at a price of $744,964.50. On May 20, 2024, the City Council authorized an additional transfer of $1,250,000 from the General Fund Reserve to the Parks and Trees Capital Improvement Project Fund Mills Canyon Landslide Repair, City Project No. 86760, for a total of $1,500,000, and authorized the City Manager to execute a $744,964.50 agreement with Anvil Builders, Inc. (Resolution No. 065-2024) for the Mills Canyon Landslide Repair Project. DISCUSSION The construction project has been satisfactorily completed and is in compliance with the plans and specifications. The final construction cost of $958,442.99 included four change orders totaling $213,478.49. Change Order #1 accounted for equipment on standby while plans were redesigned to account for the elevation differences between the original plans and the existing site conditions. Change Order #2 consisted of additional work needed to revise the temporary retaining wall supports and the construction of a three-foot-high block wall. Five working days were added to complete the installation of a perforated pipe drain under the valley gutter approved in Change 26 Resolution Accepting the Mills Canyon Landslide Repair, Project No. 86780 July 7, 2025 2 Order #3. Lastly, Change Order #4 responded to the revised access road grading and increased erosion control efforts. Other costs associated with the projected are noted below. FISCAL IMPACT The completed project was within the contingency amount and did not exceed available funds. The following are the final project expenditures. Exhibit: Resolution Anvil Builders, Inc. Construction Contract $958,442.99 Legal Ads & Bidding $511.20 City Furnished Materials $1,543.93 Engineering Design Consultant $144,061.82 Geotechnical Consultant $44,262.10 Construction Management & Inspecting Consultant $107,430.25 Structural Engineering Services $5,000.00 Emergency Stabilization $97,000.00 Total $1,358,252.29 27 RESOLUTION NO. _______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME ACCEPTING THE MILLS CANYON LANDSLIDE REPAIR PROJECT BY ANVIL BUILDERS, INC., CITY PROJECT NO. 86780, IN THE AMOUNT OF $1,358,252.29 WHEREAS, on May 20, 2024, the City Council authorized an additional transfer of $1,250,000 from the General Fund Reserve to the Parks and Trees Capital Improvement Project Fund Mills Canyon Landslide Repair, City Project No. 86760, for a total of $1,500,000; and WHEREAS, on May 20, 2024, the City Council approved the construction contract with Anvil Builders, Inc. in the amount of $744,964.50 (Resolution No. 065-2024); and WHEREAS, the project construction has been satisfactorily completed and is in compliance with the plans and specifications; and WHEREAS, the final construction cost of $958,442.99 included four change orders for revised elevation plans, retaining wall construction, pipe drain installation, and access roading grading and erosion control, totaling $213,478.49; and WHEREAS, other costs associated with the projected included: $511.20 for the legal ad required for bid noticing, $1,543.93 for City furnished materials, $107,430.25 for construction project management and inspection, $144,061.82 for engineering design services, $44,262.10 for geotechnical consulting services, $5,000.00 for structural engineering services, and $97,000.00 for emergency stabilization work. NOW, THEREFORE BE IT RESOLVED by the CITY COUNCIL of the City of Burlingame, California, which finds, orders, and determines as follows: 1. The Director of Parks and Recreation of the City of Burlingame has certified the work done by Anvil Builders, Inc. under the terms of their contract with the City dated May 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 Parks and Recreation. 2. Said work is particularly described as City Project No. 86780. 3. Said work is accepted. ____________________________ Peter Stevenson, 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 7th day of July, 2025, and was adopted thereafter by the following vote: 28 AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ____________________________ Meaghan Hassel-Shearer, City Clerk 29 1 STAFF REPORT AGENDA NO: 9d MEETING DATE: July 7, 2025 To: Honorable Mayor and City Council Date: July 7, 2025 From: Margaret Glomstad, Parks and Recreation Director – (650) 558-7307 Rich Holtz, Parks Superintendent/City Arborist – (650) 558-7333 Subject: Adoption of a Resolution Accepting the Laguna Playground Renovation Project No. 86490 in the Amount of $534,659.46 RECOMMENDATION Staff recommends that the City Council adopt the attached resolution accepting the Laguna Playground Renovation Project No. 86490 in the amount of $534,659.46. BACKGROUND The City Council approved the Laguna Playground Project in the FY 2024-25 Capital Improvement Program budget. The project includes the labor and materials involved with the demolition of the existing play area and equipment and other site features; grading and drainage; installation of new play equipment; poured-in-place surfacing; site concrete work including paving, curbs, and play area perimeter banding; metal fencing and gates; site furnishings; soil preparation; irrigation; planting; and other miscellaneous items as shown on the plans and in the specifications. On August 28, 2024, the City received three bids for the project, ranging in price from $283,917 to $459,200. The Engineer's Estimate for the project was $289,040. G&G Builders, Inc. was the apparently lowest bidder for $283,917. On September 16, 2024, the City Council authorized the City Manager to execute a $283,917 agreement with G&G Builders, Inc. (Resolution No. 115-2024) for the performance of the Laguna Playground Renovation Project. The City received credit due to the contractor's inability to complete all concrete work in a timely manner, resulting in a reduction of the total contract amount by $2,119.28. The City Council previously approved the $203,543.68 playground equipment purchasing contract via Resolution No. 092-0224. Other project costs are detailed in the fiscal impact section below. DISCUSSION The project construction has been satisfactorily completed in compliance with the plans and specifications and has not exceeded the approved construction cost. 30 Resolution Accepting the Laguna Playground Renovation, Project No. 86490 July 7, 2025 2 FISCAL IMPACT The completed project was within the contingency fund and did not exceed available funds. The following are the final project expenditures. Exhibit: Resolution G&G Builders, Inc. Construction Contract $281,093.19 Legal Ads & Bidding $511.20 Landscape Design Services $34,290.00 Playground Equipment $203,543.68 Site Furnishings $15,221.39 Total $534,659.46 31 RESOLUTION NO. _______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME ACCEPTING THE LAGUNA PLAYGROUND RENOVATION PROJECT BY G&G BUILDERS, INC., CITY PROJECT NO. 86490, IN THE AMOUNT OF $534,659.46 WHEREAS, on September 16, 2024, the City Council approved the construction contract with G&G Builders, Inc. in the amount of $283,917.00 (Resolution No. 115-2024); and WHEREAS, the project construction has been satisfactorily completed in compliance with the plans and specifications; and WHEREAS, the final construction cost of $281,093.19 did not exceed the approved contract amount. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME RESOLVES AND ORDERS AS FOLLOWS: 1. The Director of Parks and Recreation of the City of Burlingame has certified the work done by G&G Builders, Inc. under the terms of their contract with the City dated September 16, 2024, has been completed in accordance with the plans and specifications approved by the City Council and to the satisfaction of the Director of Parks and Recreation. 2. Said work is particularly described as City Project No. 86490. 3. Said work is accepted. ____________________________ Peter Stevenson, 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 7th day of July 2025 and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ____________________________ Meaghan Hassel-Shearer, City Clerk 32 1 STAFF REPORT AGENDA NO: 9e MEETING DATE: July 7, 2025 To: Honorable Mayor and City Council Date: July 7, 2025 From: Syed Murtuza, Director of Public Works – (650) 558-7230 Andrew Yang, Senior Civil Engineer – (650) 558-7230 Subject: Adoption of a Resolution Accepting the 2024 Street Resurfacing Project by Interstate Grading and Paving, Inc., City Project No. 86720, in the Amount of $2,123,552.88 RECOMMENDATION Staff recommends that the City Council adopt the attached resolution accepting the 2024 Street Resurfacing Project by Interstate Grading and Paving, Inc. City Project No. 86720, in the amount of $2,123,552.88. BACKGROUND On June 3, 2024, the City Council awarded the 2024 Street Resurfacing Project to Interstate Grading and Paving, Inc. in the amount of $2,157,153.50 (Resolution No. 079-2024). The 2024 Street Resurfacing Project scope consisted of performing asphalt concrete “dig-out” repairs, surface milling, asphalt concrete overlay, traffic markings, traffic striping, concrete improvements, and other related work on the following streets ($1,666,715). Airport Boulevard – San Mateo City Limits to Beach Road Airport Boulevard – Airport Bridge to Anza Boulevard (Northbound Lane Only) Channing Road – Burlingame Avenue to Lexington Way Concord Way – Dwight Road to Lexington Way Cowan Road – Gilbreth Road to Bayshore Highway El Prado Road – El Prado Bridge to Kenmar Way Oxford Road – El Camino Real to California Drive Peninsula Avenue – Humboldt Street to Park Road (Digouts Only) Trenton Road – Bloomfield Road to Rollins Road Vancouver Avenue – Broadway to Carmelita Avenue In addition to the street resurfacing noted above, City Parking Lot X at Burlingame Avenue and Mrytle Road in Washington Park ($390,180) and the staff parking lot at Fire Station 35 ($66,657) were improved as part of the project. 33 Resolution Accepting the 2024 Street Resurfacing Program July 7, 2025 By Interstate Grading and Paving, Inc., City Project 86720. 2 DISCUSSION The project has been successfully completed to the City’s satisfaction, with all major work finalized in accordance with the City’s approved plans and specifications. The final project construction cost is $2,123,552.88, which is $33,600 lower than the original contract price. The cost reduction was primarily due to efficient project management and downward adjustments to bid item quantities per field quantities. FISCAL IMPACT The following are the estimated final project expenditures. Construction $2,123,552.88 Construction Management & Inspection $82,893.50 Engineering Design & Administration $110,553.62 Total $2,317,000.00 There are adequate funds available in the City’s Capital Improvement Program for Streets, City Parking Lots, and Facilities Parking Lots Resurfacing budgets to cover the estimated final costs. Exhibits: Resolution Project Location Map Final Progress Payment 34 RESOLUTION NO. _______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME ACCEPTING IMPROVEMENTS – 2024 STREET RESURFACING PROJECT BY INTERSTATE GRADING AND PAVING, INC. CITY PROJECT NO. 86720 WHEREAS, on June 3, 2024, the City Council awarded the 2024 Street Resurfacing Project to Interstate Grading and Paving, Inc. in the amount of $2,157,153.50 (Resolution No. 079-2024); and WHEREAS, the project has been successfully completed to the City’s satisfaction, with all major work finalized in accordance with the City’s approved plans and specifications; and WHEREAS, the final project construction cost is $2,123,552.88, which is $33,600 lower than the original contract price. NOW, THEREFORE, BE IT RESOLVED by the CITY COUNCIL of the City of Burlingame, California, and this Council does hereby find, order and determine as follows: 1. The Director of Public Works of said City has certified the work done by Interstate Grading and Paving, Inc., under the terms of its contract with the City dated June 25, 2024, has been completed in accordance with the plans and specifications approved by the City Council and to the satisfaction of the Director of Public Works. 2. Said work is particularly described as City Project No. 86720. 3. Said work be and the same hereby is accepted. __________________________ Peter Stevenson, Mayor I, Meaghan Hassel Shearer, City Clerk of the City of Burlingame, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 7th day of July, 2025, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ____________________________ Meaghan Hassel Shearer, City Clerk 35 DATE : 6 FOR THE MONTH OF :February 1, 2025 June 22, 2025 ITEM UNIT BID UNIT BID PREV PREV % Pay This AMOUNT : Total Quantity : Total Amount #ITEM DESCRIPTION PRICE QUANTITY SIZE AMOUNT Quantity PAID PAID Month This Month : to Date : to Date 1 Mobilization and Demobilization (@5%)62,000.00$ 1 LS 62,000.00$ 1.0 62000.00 100.00% -$ :1.00$: 62,000.00$ 2 Traffic Control and Construction Signs 134,400.00$ 1 LS 134,400.00$ 1.0 134400.00 100.00% -$ 1.00$134,400.00$ 3 Water Pollution Prevention Control 7,200.00$ 1 LS 7,200.00$ 1.0 7200.00 100.00% -$ 1.00$7,200.00$ 4 A.C. Digout Repair (+250 tons allowance) 285.00$ 931 TON 265,335.00$ 872.6 248691.00 93.73% -$ 872.60$ 248,691.00$ 5 Concrete Removal 190.00$ 138 C.Y.26,220.00$ 0.0 0.00 0.00% -$ -$-$ 6 Aggregate Base 510.00$ 1 TON 510.00$ 0.0 0.00 0.00%-$ -$-$ 7 Asphalt Concrete Leveling and Overlay 142.00$ 4,320 TON 613,440.00$ 4,043.1 574118.78 93.59% -$ 4,043.09$ 574,118.78$ 8 Cold Plane Asphalt Concrete 142.00$ 2,080 C.Y.295,360.00$ 1,995.0 283290.00 95.91% -$ 1,995.00$ 283,290.00$ 9 Adjust Manholes & Utility Boxes to Grade 1,300.00$ 10 EA 13,000.00$ 4.0 5200.00 40.00% -$ 4.00$5,200.00$ 10 Adjust & Replace Water Valves, Boxes, Lampholes, Monumen 1,000.00$ 50 EA 50,000.00$ 50.0 50000.00 100.00% -$ 50.00$50,000.00$ 11 Fire Hydrant Pavement Markers Blue 23.00$ 15 EA 345.00$ 28.0 644.00 186.67%-$ 28.00$644.00$ 12 24" Solid Line - Thermoplastic 21.00$ 1,266 L.F.26,586.00$ 1,435.0 30135.00 113.35%-$ 1,435.00$ 30,135.00$ 13 12" Solid Line - Thermoplastic 11.00$ 314 L.F.3,454.00$ 994.0 10934.00 316.56% -$ 994.00$ 10,934.00$ 14 8" Solid Line and Pavement Markers - Thermoplastic - Detail 3 5.20$ 548 L.F.2,849.60$ 730.0 3796.00 133.21% -$ 730.00$ 3,796.00$ 15 6" Dashed Line (Thermoplastic) and Pavement Markers - Deta 5.20$ 12,078 L.F.62,805.60$ 13,125.0 68250.00 108.67% -$ 13,125.00$ 68,250.00$ 16 4" Solid - Thermoplastic 3.10$ 1,448 L.F.4,488.80$ 313.0 970.30 21.62% -$ 313.00$ 970.30$ 17 Thermoplastic Legends and Arrows 11.00$ 385 S.F.4,235.00$ 574.0 6314.00 149.09%-$ 574.00$ 6,314.00$ 18 Green Back Sharrows 1,550.00$ 12 EA 18,600.00$ 6.0 9300.00 50.00% -$ 6.00$9,300.00$ 19 Grind Existing Thermoplastic/Paint and Pavement Markers 3,000.00$ 1 LS 3,000.00$ 1.0 3000.00 100.00% -$ 1.00$3,000.00$ 20 Remove & Replace Curb & Gutter 150.00$ 266 L.F.39,900.00$ 318.0 47700.00 119.55% -$ 318.00$ 47,700.00$ 21 6' Concrete Valley Gutter 580.00$ 24 L.F.13,920.00$ 33.0 19140.00 137.50% -$ 33.00$19,140.00$ 22 Bike Proof Grates 1,000.00$ 22 EA 22,000.00$ 21.0 21000.00 95.45% -$ 21.00$21,000.00$ 23 Install (N) Loops 1,300.00$ 12 EA 15,600.00$ 12.0 15600.00 100.00% -$ 12.00$15,600.00$ 24 Engineered Paving Fabric 7.50$ 2,443 S.Y.18,322.50$ 0.0 0.00 0.00% -$ -$-$ 25 Decomposed Granite 9.00$ 2,075 S.F.18,675.00$ 2,075.0 18675.00 100.00% -$ 2,075.00$ 18,675.00$ 26 Sign and Post 620.00$ 2 EA 1,240.00$ 1.0 620.00 50.00% -$ 1.00$620.00$ B1 Mobilization / Demobilization 10,000.00$ 1 LS 10,000.00$ 1.0 10000.00 100.00% -$ 1.00$10,000.00$ B2 Traffic Control 3,000.00$ 1 LS 3,000.00$ 1.0 3000.00 100.00% -$ 1.00$3,000.00$ B3 Water Pollution Prevention Control 900.00$ 1 LS 900.00$ 1.0 900.00 100.00%-$ 1.00$900.00$ B4 AC Digout Repair 370.00$ 5 TONS 1,850.00$ 5.0 1850.00 100.00% -$ 5.00$1,850.00$ B5 Concrete Removal 195.00$ 1 CY 195.00$ 1.0 195.00 100.00%-$ 1.00$195.00$ B6 Armregate Base and Grading (Allowance) 510.00$ 2 TON 1,020.00$ 2.0 1020.00 100.00% -$ 2.00$1,020.00$ B7 Asphalt Concrete Leveling and Overlay 182.00$ 300 TON 54,600.00$ 357.1 64983.10 119.02% -$ 357.05$ 64,983.10$ B8 Cold Plane Asphalt Concrete 170.00$ 150 CY 25,500.00$ 150.0 25500.00 100.00% -$ 150.00$ 25,500.00$ B9 Parking Lot Striping, Pavement Markings & Signage 15,000.00$ 1 LS 15,000.00$ 1.0 15000.00 100.00% -$ 1.00$15,000.00$ B10 Remove and Replace 6' Wheel Stops 190.00$ 59 EA 11,210.00$ 58.0 11020.00 98.31% -$ 58.00$11,020.00$ B11 Remove & Replace 6" Vertical Curb 100.00$ 852 LF 85,200.00$ 879.0 87900.00 103.17% -$ 879.00$ 87,900.00$ B12 Remove & Replace Curb and Gutter 140.00$ 81 LF 11,340.00$ 122.0 17080.00 150.62% -$ 122.00$ 17,080.00$ B13 Flush Curb 100.00$ 38 LF 3,800.00$ 36.0 3600.00 94.74% -$ 36.00$3,600.00$ B14 3' concrete Valley Gutter 195.00$ 97 LF 18,915.00$ 97.5 19012.50 100.52% -$ 97.50$19,012.50$ B15 Parking Lot Curb With Opening 600.00$ 4 EA 2,400.00$ 4.0 2400.00 100.00% -$ 4.00$2,400.00$ B16 EV charging unit - concrete pad 2,400.00$ 1 LS 2,400.00$ 0.0 0.00 0.00% -$ -$-$ B17 Storm Drain Cleanout 290.00$ 3 EA 870.00$ 2.0 580.00 66.67%-$ 2.00$580.00$ B18 Storm Drain Bubbler Box 1,200.00$ 1 EA 1,200.00$ 1.0 1200.00 100.00% -$ 1.00$1,200.00$ B19 4" Slotted Underdrain Pipe 130.00$ 82 LF 10,660.00$ 82.0 10660.00 100.00% -$ 82.00$10,660.00$ B20 EV charging - electrical conduit and pull boxes 63,000.00$ 1 LS 63,000.00$ 1.0 63000.00 100.00% -$ 1.00$63,000.00$ B21 French Drain Earthwork, Filter Fabric, Drain rock 6,600.00$ 1 LS 6,600.00$ 1.0 6600.00 100.00% -$ 1.00$6,600.00$ B22 Reolace and install Mulch 1,750.00$ 1 LS 1,750.00$ 1.0 1750.00 100.00% -$ 1.00$1,750.00$ B23 Bioretention Area Earthwork and Planting 14,000.00$ 1 LS 14,000.00$ 1.0 14000.00 100.00% -$ 1.00$14,000.00$ B24 Wooden Header 38.00$ 25 LF 950.00$ 25.0 950.00 100.00%-$ 25.00$950.00$ B25 Bioretention Overflow Structure with Grate 4,900.00$ 1 LS 4,900.00$ 1.0 4900.00 100.00% -$ 1.00$4,900.00$ B26 Plant Establishment Period 1 Year 9,000.00$ 1 LS 9,000.00$ 1.0 9000.00 100.00% -$ 1.00$9,000.00$ B27 Drip Irrigation System 6,400.00$ 1 LS 6,400.00$ 1.0 6400.00 100.00% -$ 1.00$6,400.00$ C1 Mobilization / Demobilization 3,200.00$ 1 LS 3,200.00$ 1.0 3200.00 100.00% -$ 1.00$3,200.00$ C2 Traffic Control 4,000.00$ 1 LS 4,000.00$ 1.0 4000.00 100.00% -$ 1.00$4,000.00$ C3 Water Pollution Prevention Control 1,000.00$ 1 LS 1,000.00$ 1.0 1000.00 100.00% -$ 1.00$1,000.00$ C4 AC Digout Repair 415.00$ 15 TON 6,225.00$ 15.0 6225.00 100.00% -$ 15.00$6,225.00$ C5 Concrete Removal 700.00$ 1 CY 700.00$ 2.0 1400.00 200.00%-$ 2.00$1,400.00$ C6 Aggregate Base and Grading (Allowance) 80.00$ 5 TON 400.00$ 18.7 1493.60 373.40%-$ 18.67$1,493.60$ C7 AC Overlay & Leveling Course 230.00$ 90 TON 20,700.00$ 94.8 21799.40 105.31% -$ 94.78$21,799.40$ C8 Cold Plane Asphalt Concrete 400.00$ 45 CY 18,000.00$ 45.0 18000.00 100.00% -$ 45.00$18,000.00$ C9 Parking Lot Striping, Pavement Markings & Signage 2,700.00$ 1 LS 2,700.00$ 1.0 2700.00 100.00% -$ 1.00$2,700.00$ C10 6' Wheel Stops 195.00$ 6 EA 1,170.00$ 6.0 1170.00 100.00% -$ 6.00$1,170.00$ C11 PVC sleeve for removable bollard 190.00$ 3 EA 570.00$ 3.0 570.00 100.00%-$ 3.00$570.00$ C12 Engineered Paving Fabric 8.00$ 474 SY 3,792.00$ 0.0 0.00 0.00% -$ -$-$ C13 Wooden Headers 35.00$ 130 LF 4,550.00$ 200.0 7000.00 153.85%-$ 200.00$ 7,000.00$ SUBTOTAL 2,157,153.50$ 2,072,036.68$ -$ 2,072,036.68$ PROJECT TOTAL 2,157,153.50$ -$-$ 2,072,036.68$ CHANGE ORDERS CCO UNIT :CCO :UNIT :BID :QUANTITY PREVIOUS % Pay AMOUNT : Total Quantity : Total Amount # DESCRIPTION PRICE :QUANTITY :SIZE :AMOUNT :TO DATE PAID PAID This Month THIS MONTH : to Date : to Date ********* ******************************************************************************************* ************************ * ************ * ********** * ************************* * ************* *********************** ************ * ************* ************************ * ************************* * *************************** CO1 Lot X 3" Conduit 3,471.00$ : 1 : 1 : 3,471.00$ : 1 3471.00 100.00% 0.00 -$ :1.00$: 3,471.00$ CO1 Lot X Blended Transitions 12,167.00$ : 1 : 1 : 12,167.00$ : 1 12167.00 100.00% 0.00 -$ :1.00$: 12,167.00$ CO1 Karen & Davis Court Mob TC 6,409.00$ : 1 : 1 : 6,409.00$ : 1 6409.00 100.00% 0.00 -$ :1.00$: 6,409.00$ CO2 Markers Reflective 13.20$ : 144 : 1 : 1,900.80$ : 144 1900.80 100.00% 0.00 -$ :144.00$ : 1,900.80$ CO2 Buttons Non Reflective 9.90$ : 700 : 1 : 6,930.00$ : 700 6930.00 100.00% 0.00 -$ :700.00$ : 6,930.00$ CO2 Karen Court SubBase 4,118.00$ : 1 : 1 : 4,118.00$ : 1 4118.00 100.00% 0.00 -$ :1.00$: 4,118.00$ CO2 AB at Parking Lot X 23,520.40$ : 1 : 1 : 23,520.40$ : 1 23520.40 100.00% 0.00 -$ :1.00$: 23,520.40$ CO3 El Prado Credit (7,000.00)$ : 1 : 1 : (7,000.00)$ : 0 0.00 0.00% 1.00 (7,000.00)$ :1.00$: (7,000.00)$ CHANGE ORDERS TOTAL 42,708.50$ 51,516.20$58,516.20$ (7,000.00)$ ::51,516.20$ 2,208,669.70$ (7,000.00)$ PREPARED BY: SubTotal (7,000.00)$ 2,123,552.88$ CONTRACTOR: Travis Modena DATE APPROVED BY 6/23/2025 CONSULTANT: Nick Panayotou DATE Retention Owed PP#1-5 106,527.65$ APPROVED BY Total to Pay 99,527.65$ CITY PM: Kevin Okada DATE BURLINGAME 2024 STREET RESURFACING PROJECT June 23, 2025 PAYMENT NO. CONTRACTOR: Interstate CITY PROJECT NO. 86720 6/23/2025 6/23/2025 36 WAYMILLS CREEKEL P O R T A L C H A N N E L EL P O R T A L C H A N N E L EL P O R T A L C H A N N E L CITY LI MI T CI T Y O F MI L L B R A E CITY LI MI T CI T Y O F MI L L B R A E CITY L I M I T C I T Y O F M I L L B R A E S A N F R A N C I S C O W A T E R S H E D CITY LI MI T T O W N O F HI L L S B O R O U G H CITY L I MI T CI T Y O F S A N M A T E O CITY LI MI T CI T Y O F S A N M A T E O CI T Y L IM I T TOW N O F H I L L S BO RO UG H SOU TH ASH TON AV E MU R C H I S O N D R RA I L R O A D R . O . W . RA I L R O A D R . O . W . ATE ROADWAYPRIV LA R O S A LA S T R A D A C T HILLHOWLANDCOY O T E P OI N T D R AIRPO R T B L V D CAROLS K Y V I E W D R LOMA V ISTA DR CANY O N R DLOS MONTES DR CANY O N R D BURLI N G VI E W DR TI P T O E L N SUMMIT DR DEL MONTE DRFEY DRTIARA CTLOS ROBLES DRA L T U R A S D RVALDE F LORES DR LA MESA DR AD E L I N E D R VI S T A BAYS W A T E R A V E PENI N S U L A A V E A R U N D E L R D A N I T A R D M Y R T L E R D EA S T L N B L O O M F I E L D R DKILLARNEY LNCLOVELLY LNA L B E M A R L E W A Y HAMILTON LNROSEDALE AVEM E A D OW L N C O L UM B U S A V E H O O V E R A V E TRO U S D A L E D R FRONTE R A W A Y L O YO L A D R RAY DR S EQ UO I A A V E MALCOLM RDMITTEN RDCOWAN RDSTANTON RDHINCKLEY RDMAHLER RDBURLWAY RDADRIAN RD ADRIA N C T DAVID RDR O L L I N S R D INGOLD RDTROUSDALE DRM A R C O P O L O W A Y Q U E S A D A W A Y BAYSHORE H IGHWAY MURC HI S O N D R M A G N O L I A A V E E L C A M I N O R E A L O G D E N D RSEQUOIA AVEGARDE N D R TROUSDALE DRCLARICE LNDAVIS DRB A L B O A W A Y C O R O N A D O W A Y L A S S E N W A Y M A R C O P O L O W A Y M c D O N A L D W A YMO N T E C O R V I N O RAY DRB A L BO A A V E E A S TM O O R R D WE S T M O O R R D DEVEREUX DROXFORD RDCAMBRIDGE RDRA I L R O A D R . O . W . CA L I F O R N I A D R L AGUNA AVE PA LOMA AVECAPUCH INO A V E E L C AM INO REA L MARQUITA AVESUMMER AVEMILLS AVECASTE N A D A D R KAR E N C T TOLEDO AVE T O L E D O C T RIVE R A D R G R A N A D A D R MARTINEZDRLAS PIE D R A S DR MARIP O S A D R DOLO R E S W A Y M O N T E C I T O W A Y ATWATER DR ALCAZAR DR B A L B O A A V E C O R T E Z A V E C A B R I L L O A V E D R A K E A V E B E R N A L A V E V A N C O U V E R A V E LA G U N A A V E CH U L A V I S T A A V E PA L O M A A V E CA P U C H I N O A V E B A L B O A A V EJUANITA AVERHINETTE AVED W I G H T R D S T A N L E Y R DCHANNING RD B A N C R O F T R D V I C T O R I A R D H U M B O L D T R D BEACH RD FARRINGDON LNACACIA DRPALOMA AVESHERMAN AVED E SO T O A V E CO L UM B U S A V E C A R L O S A V E C A S T I L LO A V E MON T E RO A V E B E N I T O A V E A L V AR A DO A V E HILLSIDE DRPOPP Y D R HALE D R ADELINE DRWAY VALDIVIA CT.HAYWARD TIBU R O N W A Y ARGU E L L O D R RIVE R A D R ARG U E L L O D R SE B A S T I A N D R HILLSIDE DR CON C O R D W A Y VER N O N W A Y LEXI N G T O N W A Y PLYM O U T H W A Y TRE N T O N W A Y ALPINE AVELINDEN AVELAUREL AVEMAPLE AVEWINCHESTER DRFRANCISCO DRMARIN DRCORBITT DRWINCHESTER PLC U M B E R L A N D D R M A R I N D R C H A T H A M R D ROLLINS RD AIRPORT BLVD AIRPORT BLVD RALSTON AVEHOWARDNEWLANDS AVECYPRESS AVEAVEBAYS W A T E R A V E EL C A M I N O R E A L EAST C A R O L CHAPIN A V E COSTAH U N T D R RAY CTMARG A RI T A A V E AL T U R A S D R LOS MONTES DR LOS A L TOS DR HILLSIDE DR LA M E S A D R CA N Y O N R DCRYSTAL TEREL QUANITO WAYKENMAR WYHI L L S I D E SANC H E Z A V E FOR E S T VI E W A V E N EW H A L L R D CR O S S W A Y R D NE U C H A T E L WI L L B O R O U G H OAK G R O V E A V E ALM E R R D AN S E L RD BELLEVUE AVEP A R K R D P R I M R O S E R D L O R T O N A V E ANZA B L V D C L A R E N D O N R D CA L I F O R N I A D R H I G H L A N D A V E CRESCENT AVE S K Y L I N E B L V D CON C O R D W A Y BA Y D W I G H T R D CA R O L A N A V E FLORIBUNDA AVEE L C AM I NO R E A L PALM D R BAYSHORE FREEWAY 101 LASUE N D R S BROADAVEHOW A R D A V E PEPPER AVEELM AVE CA L I F O R N I A D R LA U R E L A V E LI N D E N A V E PAR K A V E OAK G R O V E A V E MOR R E L L A V E LARK S P U R D R TOYON DRLI N D E N A V E AZ A L E A A V E MAJILLA AVESANCHEZ AVECARMELITA AVEBROADWAY E L C AM I N O R E A L C O R T E Z A V E C A B R I L L O A V E D R A K E A V E B E R N A L A V EHIGHW AY RD M A R S T E N R D MARSTEN RDNERLI LNB A Y S H O R E H I G H W A Y BURLW A Y R D DAVIS DRRIO CTARGUELLO DRMARIPOSAVALDI V I A EASTO N D R L O S R O B L E S D R EASTON DRRO L L I N S R D BROADWAY ADELINE DRV A N CO U V E R A V E CA L I F O R N I A D R WILLO W A V E B L O O M F I E L D R D BUR LI N G A M E A V E HOW A R D A V E PENI N S U L A A V E P R I M R O S E R DDOUGLAS AVENOR T H L N SOU T H L N W E S T L N FRO N T E R A W A Y CA L I F O R N I A D R TOYO N D R N I D A H O S T B L V DN AMPHLETT CANYON RD FOOTLN 20VALD E F L O R E S D R TULIP CTCANADAHALE DR HIL L S I D E D R OAK TREE PL BELLA VISTA DRDALEOAKRDTROUSDA L E D R GROVE AVEBAYSHORE FREEWAY 101BAYSHORE FREEWAY 101 LANG RD CITYPLAZ A L N FOX SA N M A T E O A V E PALM D RSTAR WAYPLAZA L N EASTMOOR RDMARCE L L A W AY PINON AVECTMILL S C A N Y O N C T SKY L INE B LVD LNLOMACANANEA AVELA MESA CT LA MESA LNA RM S B Y D R JACKL I N G DR JACKLING DRFAGAN DRHWY 2 8 0 >>>><<<< HWY 2 8 0 HWY 280 >>>><<<< HWY 280 << < < HW Y 2 8 0 HW Y 2 8 0 > > > > SANCHEZ CREEK CH A N N E L SANCHEZ CREEK CH A N N E LBAY FRONT CHANNELC I T Y L I M I T C I T Y O F S A N M A T E O BELL E V U E A V E H A T C H L NDUFFERIN AVEB A Y SHO R E F R E EW A Y 1 0 1 BAYSH O R E F R E E W A Y 1 0 1 ROLLI N S R D ROL L I N S R D ROLLIN S R D ROLLINS RD HOW A R D A V E HOW A R D A V E P A R K R D EL C A M I N O R E A L BARR O I L H E T A V EOCCIDENTAL AVEBURLINGAMEP R I M R O S E R D E L C AM I N O R E A L E L C A M I NO R E A L A C A C I A D R P A L O M A A V E B A L B O A A V E C O R T E Z A V E E L C AM I N O R E A LPA LOMA AV ECAPUCHINO A VE C A B R I L LO A V E D R A K E A V E EUXDEV DRER Q U E S A D A SKYLINE BLVD S K Y L I N E B L V D EL P R A D O R D CANYON RDCA L I F O R N I A D R PENI N S U L A A V E AT W A T E R D R LINCOLN AVEED G E H I L L D R EDG E HI L L D R D R A K E A V ETROUSDALE DROGDEN DRE L C A M I N O R E A L GROVE AVEOAK G R O V E A V E HWY 280 >>>><<<< HWY 280 ADRIAN RDADRIAN RD R O L L I N S R D AIRPORT BLVD CADILLAC WAYCASTENADA DR CA R O L A N A V E EASTON DRRDSUMMIT DRCHAPIN AVERALST O N A V E GLE N A U L I N L N MUR C HI S O N D R LASUEN C T R A I L R O A D R . O . W . RA I L R O A D R . O . W . RA I L R O A D R . O . W .GILBRETH RD TROUSD A L E D R HILLSIDE DRCARMELITA AVEBUR LI N G A M E A V EADELINE DRRIVER A D R HILLSIDE DRBAYSHORE FREEWAY 101LIVE O A K L N N H U M B O L D T S T N EL CAM INO REAL BAILEYANA DR CHESTER WY BARR OI L H E T A V E PARK SI D E A V E N I D A H O S T N D E L A W A R E S T N C L A R E M O N T S T STUDI O CI R WO O D S I D E W A Y N S A N M A T E O D R J E F F E R S O N C T WARR E N R D HURLINGHAM AVECOSTA R ICA AVEASTER AVEG R E E NW O O DGAVILAN WAY ADRI A N R D SEQU O I A A V E VALLEJO DRMURCHI SON DR HAWT H O R N E W A Y LAKE S T IRWIN P L R O L L I N S R D ADRI A N R D E MI L L B R A E A V E C A L I F O R N I A D R E MI L L B R A E A V E FRO N T E R A W A Y P R O S P E C T R O W KA M M E R E R C T LAT H A M C T PE P P E R A V E COUNTRY CLUB DRGENEVRA RDWI N D S O R D R SHARON AVE HIGHG A T E LN FAIRW A Y C I R FLORI B U N D A A V E HILLSBOROUGH BLVDCRO C K E T T L N SH A R O N A V EMANOR DRFOREST VIEW AVEFOREST VIEW AVE GERI LNFORE S T V I E W A V E EUCALYPTUS AVEREYN O L D S C T DOW N E Y W A Y MARGO LNSHELDON WAYJACKLING DR P A NO R AM A C T WOODGATE CTPATTON PLCHURCHIL L DR MACADA M I A D RKINDER LNFAWN CTEDESSA CTFORREST VIEW A V E EDEN WAY BAILEYANA CTIRWIN DRLOMA V ISTA LNMARTINEZ DRDAVIS DRLAGUN A A VE D R A K E A V E HILLSIDE DRV A N CO U V E R A V E OXFORD RD EAST O N D R HI L LV IEW CT L A G U N A A V E LI N D E N A V EVALDIVIA WAY E S C A L A N T E W A Y H U N T D R BELVEDERE CTSUMMIT D R VA N C O U V E R A V E EDWARDS CTBE R N A L A V E SEBASTIAN DRPINION AVEAIRPORT BLVD VI E W P L NORTHBOUND LANE ONLY TRE N T O N W A Y PAR KI N G L O T X FS 3 5 P A R K I N G L O T PENI N S UL A A V E KAR E N C T DAVIS CT 2024 STREET RESURFACING PROJECTS PROJECT MAP LEGEND PROJECT STREET TO BE RESURFACED PAVEMENT SECTION REPAIRS ONLY 37 1 STAFF REPORT AGENDA NO: 9f MEETING DATE: July 7, 2025 To: Honorable Mayor and City Council Date: July 7, 2025 From: Maria Saguisag-Sid, Human Resources Director – (650) 558-7209 Subject: Adoption of a Resolution Authorizing New Job Classifications and Approving the City of Burlingame Pay Rates and Ranges (Salary Schedule) RECOMMENDATION Staff recommends that the City Council adopt a resolution approving the new job classifications and salary ranges for the Building Division Supervisor, Deputy City Manager, Geographic Information Systems Coordinator, and Information Technology Manager positions, and approve the City of Burlingame pay rates and ranges for merit employees (salary schedule). BACKGROUND At the May 21, 2025, Budget Study Session, staff presented recommendations for position adjustments and changes. Included in these recommendations were four new job classifications. 1. Building Division Supervisor: The new Community Development Director has evaluated the makeup of the department and sees the need to create more organizational structure in the Building Division with the creation of the Building Division Supervisor. 2. Deputy City Manager: This job classification was recommended to more appropriately define the position’s responsibilities and authority of the existing Assistant to the City Manager, whose duties have grown and will develop into more project and program oversight, such as the City Hall project, grant opportunities, City communications, webmaster, and department budget support. 3. Geographic Information Systems (GIS) Coordinator: Over the past year, the Public Works Department has had failed attempts to recruit a Management Analyst with experience in GIS, which is a key skill needed in the division. The department is requesting this new job classification to be able to recruit for the more specialized expertise of a GIS expert. 4. Information Technology (IT) Manager: The IT Manager will oversee monitoring and evaluating the quality of service received from Eaton and other contractors, maintain the inventory of hardware and software currently in use, manage those assets on a citywide basis to reduce duplication in purchasing across the organization, and keep the organization up to date on technology to promote better efficiency across the organization. 38 New Job Classifications and Salary Schedule July 7, 2025 2 On June 16, 2025, the City Council approved the City’s budget for Fiscal Year 2025-2026, which included these new job classifications (Resolution No. 067-2025). DISCUSSION Staff is proposing the following amendments to the classification plan. 1. Adoption of the new Building Division Supervisor job classification. This position will be assigned to the Burlingame Association of Middle Managers Unit. The proposed salary is below. 2. Adoption of the new Deputy City Manager job classification. This will be an unrepresented position and will be included with the Compensation and Benefits plan for Department Heads and Unrepresented Employees. The proposed salary is listed below. 3. Adoption of the new Geographic Information Systems Coordinator job classification. This position will be assigned to the AFSCME Local 829 Administrative Unit. The proposed salary is listed below. 4. Adoption of the new Information Technology (IT) Manager job classification. This will be an unrepresented position and will be included with the Compensation and Benefits plan for Department Heads and Unrepresented Employees. The proposed salary is listed below. These new job classifications 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 schedule that includes the proposed salaries is attached. Upon adoption of these job classifications and the revised salary schedule, staff will move forward to fill these positions. ANNUAL $135,217.61 $141,898.09 $148,615.28 $156,500.52 $164,385.78 MONTHLY $11,268.13 $11,824.84 $12,384.61 $13,041.71 $13,698.82 BI-WEEKLY $5,200.68 $5,457.62 $5,715.97 $6,019.25 $6,322.53 HOURLY RATE $65.0085 $68.2203 $71.4496 $75.2406 $79.0316 BUILDING DIVISION SUPERVISOR ANNUAL $150,710.48 $158,257.17 $166,173.60 $174,422.84 $183,190.56 MONTHLY $12,559.21 $13,188.10 $13,847.80 $14,535.24 $15,265.88 BI-WEEKLY $5,796.56 $6,086.81 $6,391.29 $6,708.57 $7,045.79 HOURLY RATE $72.4570 $76.0851 $79.8911 $83.8571 $88.0724 DEPUTY CITY MANAGER ANNUAL $102,566.78 $107,964.79 $113,647.25 $119,628.66 $125,924.91 MONTHLY $8,547.23 $8,997.07 $9,470.60 $9,969.06 $10,493.74 BI-WEEKLY $3,944.88 $4,152.49 $4,371.05 $4,601.10 $4,843.27 HOURLY RATE $49.3110 $51.9061 $54.6381 $57.5138 $60.5409 GIS COORDINATOR ANNUAL $164,540.49 $172,767.52 $181,405.90 $190,476.19 $200,000.00 MONTHLY $13,711.71 $14,397.29 $15,117.16 $15,873.02 $16,666.67 BI-WEEKLY $6,328.48 $6,644.90 $6,977.15 $7,326.01 $7,692.31 HOURLY RATE $79.1060 $83.0613 $87.2144 $91.5751 $96.1539 INFORMATION TECHNOLOGY MANAGER 39 New Job Classifications and Salary Schedule July 7, 2025 3 FISCAL IMPACT Salary and related benefit costs were included in the budget approved at the June 16, 2025, City Council meeting, so there is no additional fiscal impact. Exhibits: Resolution Salary Schedule Building Division Supervisor Job Classification Deputy City Manager Job Classification Geographic Information Systems Coordinator Job Classification Information Technology Manager Job Classification 40 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING NEW JOB CLASSIFICATIONS AND APPROVING THE REVISION TO THE CITY OF BURLINGAME SALARY SCHEDULE WHEREAS, under the City of Burlingame Civil Service Rules, adopted pursuant to Municipal Code Section 3.52.030, the City Council is the final authority for approving the classification and compensation plan; and WHEREAS, the proposed changes to the classification plan are as detailed below: Adoption of the new Building Division Supervisor job classification; and Adoption of the new Deputy City Manager job classification; and Adoption of the new Geographic Information Systems Coordinator job classification; and Adoption of the new Information Technology Manager job classification; and WHEREAS, the basis for the new job classifications was fully detailed in the budget staff report for the May 21, 2025, Budget Study Session; and WHEREAS, the proposed position adjustments, including the new job classifications, were approved in the adoption of the Fiscal Year 2025-2026 Budget on June 16, 2025, pursuant to Resolution No. 067-2025; and WHEREAS, the bargaining units representing the impacted classifications have reviewed the proposed changes and have not brought forth any objections or concerns; and WHEREAS, the City of Burlingame Salary Schedule has been revised in accordance with these actions. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Burlingame finds, orders, and declares that: 1. The Council approves the new Building Division Supervisor job classification to be added to the Burlingame Association of Middle Managers Unit; and 2. The Council approves the new Deputy City Manager job classification to be added to the Compensation and Benefit Plan for the City of Burlingame Department Head & Unrepresented Classifications; and 3. The Council approves the new Geographic Information Systems Coordinator job classification to be added to the AFSCME Local 829 Administrative Unit; and 4. The Council approves the new Information Technology Manager job classification to be added to the Compensation and Benefit Plan for the City of Burlingame Department Head & Unrepresented Classifications; and 5. The Council authorizes and adopts the revised City of Burlingame Salary Schedule, attached as Exhibit A. 41 ____________________________ Peter Stevenson, Mayor I, Meaghan Hassel Shearer, City Clerk of the City of Burlingame, certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the 7th day of July 2025, and was adopted thereafter by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ____________________________ Meaghan Hassel Shearer, City Clerk 42 CLASS PAY BASIS STEP A STEP B STEP C STEP D STEP E ANNUAL $94,450.56 $99,196.28 $104,141.14 $109,285.12 $114,761.07 MONTHLY $7,870.88 $8,266.36 $8,678.43 $9,107.09 $9,563.42 BI-WEEKLY $3,632.71 $3,815.24 $4,005.43 $4,203.27 $4,413.89 HOURLY RATE $45.4089 $47.6905 $50.0679 $52.5409 $55.1736 ANNUAL $98,864.47 $103,776.10 $108,853.66 $114,362.82 $120,070.97 MONTHLY $8,238.71 $8,648.01 $9,071.14 $9,530.24 $10,005.91 BI-WEEKLY $3,802.48 $3,991.39 $4,186.68 $4,398.57 $4,618.11 HOURLY RATE $47.5310 $49.8924 $52.3335 $54.9821 $57.7264 ANNUAL $67,569.00 $70,987.29 $74,538.31 $78,089.28 $81,839.41 MONTHLY $5,630.75 $5,915.61 $6,211.53 $6,507.44 $6,819.95 BI-WEEKLY $2,598.81 $2,730.28 $2,866.86 $3,003.43 $3,147.67 HOURLY RATE $32.4851 $34.1285 $35.8358 $37.5429 $39.3459 ANNUAL $74,538.31 $78,089.28 $81,839.41 $85,622.74 $89,837.53 MONTHLY $6,211.53 $6,507.44 $6,819.95 $7,135.23 $7,486.46 BI-WEEKLY $2,866.86 $3,003.43 $3,147.67 $3,293.18 $3,455.29 HOURLY RATE $35.8358 $37.5429 $39.3459 $41.1648 $43.1911 ANNUAL $85,622.74 $89,837.53 $94,251.44 $98,997.17 $103,942.02 MONTHLY $7,135.23 $7,486.46 $7,854.29 $8,249.76 $8,661.84 BI-WEEKLY $3,293.18 $3,455.29 $3,625.06 $3,807.58 $3,997.77 HOURLY RATE $41.1648 $43.1911 $45.3133 $47.5948 $49.9721 ANNUAL $94,450.56 $99,196.28 $104,141.14 $109,285.12 $114,761.07 MONTHLY $7,870.88 $8,266.36 $8,678.43 $9,107.09 $9,563.42 BI-WEEKLY $3,632.71 $3,815.24 $4,005.43 $4,203.27 $4,413.89 HOURLY RATE $45.4089 $47.6905 $50.0679 $52.5409 $55.1736 ANNUAL $238,481.10 $250,359.41 MONTHLY $19,873.43 $20,863.28 BI-WEEKLY $9,172.35 $9,629.21 HOURLY RATE $114.6544 $120.3651 ANNUAL $81,640.28 $85,888.28 $90,202.56 $94,649.68 $99,196.28 MONTHLY $6,803.36 $7,157.36 $7,516.88 $7,887.47 $8,266.36 BI-WEEKLY $3,140.01 $3,303.40 $3,469.33 $3,640.37 $3,815.24 HOURLY RATE $39.2501 $41.2925 $43.3666 $45.5046 $47.6905 ANNUAL $89,837.53 $94,251.44 $98,930.75 $103,576.99 $108,555.04 MONTHLY $7,486.46 $7,854.29 $8,244.23 $8,631.42 $9,046.25 BI-WEEKLY $3,455.29 $3,625.06 $3,805.03 $3,983.73 $4,175.19 HOURLY RATE $43.1911 $45.3133 $47.5629 $49.7966 $52.1899 ANNUAL $174,851.42 $183,593.96 $192,773.65 $202,412.33 $212,532.95 MONTHLY $14,570.95 $15,299.50 $16,064.47 $16,867.69 $17,711.08 BI-WEEKLY $6,725.05 $7,061.31 $7,414.37 $7,785.09 $8,174.34 HOURLY RATE $84.0631 $88.2664 $92.6796 $97.3136 $102.1793 ANNUAL $189,060.63 $198,290.81 $208,239.57 $218,547.51 $229,609.26 MONTHLY $15,755.05 $16,524.23 $17,353.30 $18,212.29 $19,134.11 BI-WEEKLY $7,271.56 $7,626.57 $8,009.21 $8,405.67 $8,831.13 HOURLY RATE $90.8945 $95.3321 $100.1151 $105.0709 $110.3891 D106 ASSIST CM ADMIN. SVCS. DIR D502 ASSIST CITY ATTORNEY A100 ADMINISTRATIVE ASSISTANT II A105 ADMINISTRATIVE ASSISTANT I D202 ACTING POLICE CHIEF A103 ACCOUNTING TECHNICIAN A102 ACCOUNTING ASSISTANT III A160 ACCOUNTING ASSISTANT II A104 ACCOUNTING ASSISTANT I A117 ACCOUNTANT II CITY OF BURLINGAME SALARY SCHEDULE - MERIT EFFECTIVE DATE: 7/07/2025 JOB DESCRIPTION A109 ACCOUNTANT I 43 CLASS PAY BASIS STEP A STEP B STEP C STEP D STEP EJOB DESCRIPTION ANNUAL $115,856.17 $121,498.03 $127,272.58 $133,943.12 $140,713.30 MONTHLY $9,654.68 $10,124.84 $10,606.05 $11,161.93 $11,726.11 BI-WEEKLY $4,456.01 $4,673.00 $4,895.10 $5,151.66 $5,412.05 HOURLY RATE $55.7001 $58.4125 $61.1888 $64.3958 $67.6506 ANNUAL $108,378.66 $113,797.96 $119,487.62 $125,462.02 $131,735.46 MONTHLY $9,031.56 $9,483.16 $9,957.30 $10,455.17 $10,977.96 BI-WEEKLY $4,168.41 $4,376.84 $4,595.68 $4,825.46 $5,066.75 HOURLY RATE $52.1051 $54.7105 $57.4460 $60.3183 $63.3344 ANNUAL $98,831.25 $103,776.10 $108,886.88 $114,329.60 $120,070.97 MONTHLY $8,235.94 $8,648.01 $9,073.91 $9,527.47 $10,005.91 BI-WEEKLY $3,801.20 $3,991.39 $4,187.96 $4,397.29 $4,618.11 HOURLY RATE $47.5150 $49.8924 $52.3495 $54.9661 $57.7264 ANNUAL $133,163.04 $139,806.72 $146,787.54 $154,143.64 $161,875.16 MONTHLY $11,096.92 $11,650.56 $12,232.30 $12,845.30 $13,489.60 BI-WEEKLY $5,121.66 $5,377.18 $5,645.67 $5,928.60 $6,225.97 HOURLY RATE $64.0208 $67.2148 $70.5709 $74.1075 $77.8246 ANNUAL $127,405.29 $133,644.50 $140,016.43 $147,417.18 $154,851.00 MONTHLY $10,617.11 $11,137.04 $11,668.04 $12,284.77 $12,904.25 BI-WEEKLY $4,900.20 $5,140.17 $5,385.25 $5,669.89 $5,955.81 HOURLY RATE $61.2525 $64.2521 $67.3156 $70.8736 $74.4476 ANNUAL $110,347.16 $115,856.17 $121,663.93 $127,836.74 $134,241.88 MONTHLY $9,195.60 $9,654.68 $10,138.66 $10,653.06 $11,186.82 BI-WEEKLY $4,244.12 $4,456.01 $4,679.38 $4,916.80 $5,163.15 HOURLY RATE $53.0515 $55.7001 $58.4923 $61.4600 $64.5394 ANNUAL $185,039.99 $194,362.46 $203,721.76 $214,153.84 $224,881.91 MONTHLY $15,420.00 $16,196.87 $16,976.81 $17,846.15 $18,740.16 BI-WEEKLY $7,116.92 $7,475.48 $7,835.45 $8,236.69 $8,649.30 HOURLY RATE $88.9615 $93.4435 $97.9431 $102.9586 $108.1163 ANNUAL $54,460.10 $57,114.99 $60,068.60 $63,088.68 $66,141.93 MONTHLY $4,538.34 $4,759.58 $5,005.72 $5,257.39 $5,511.83 BI-WEEKLY $2,094.62 $2,196.73 $2,310.33 $2,426.49 $2,543.92 HOURLY RATE $26.1828 $27.4591 $28.8791 $30.3311 $31.7990 ANNUAL $71,684.14 MONTHLY $5,973.68 BI-WEEKLY $2,757.08 HOURLY RATE $34.4635 ANNUAL $135,217.61 $141,898.09 $148,615.28 $156,500.52 $164,385.78 MONTHLY $11,268.13 $11,824.84 $12,384.61 $13,041.71 $13,698.82 BI-WEEKLY $5,200.68 $5,457.62 $5,715.97 $6,019.25 $6,322.53 HOURLY RATE $65.0085 $68.2203 $71.4496 $75.2406 $79.0316 ANNUAL $109,583.87 $114,761.07 $120,767.96 $126,476.10 $132,549.27 MONTHLY $9,131.99 $9,563.42 $10,064.00 $10,539.68 $11,045.77 BI-WEEKLY $4,214.76 $4,413.89 $4,644.92 $4,864.47 $5,098.05 HOURLY RATE $52.6845 $55.1736 $58.0615 $60.8059 $63.7256 ANNUAL $115,059.68 $120,502.41 $126,807.91 $132,781.59 $139,186.73 MONTHLY $9,588.31 $10,041.87 $10,567.33 $11,065.13 $11,598.89 BI-WEEKLY $4,425.37 $4,634.71 $4,877.23 $5,106.98 $5,353.34 HOURLY RATE $55.3171 $57.9339 $60.9654 $63.8373 $66.9168 ANNUAL $83,133.71 $87,547.54 $91,098.70 $95,877.62 $100,590.15 MONTHLY $6,927.81 $7,295.63 $7,591.56 $7,989.80 $8,382.51 BI-WEEKLY $3,197.45 $3,367.21 $3,503.80 $3,687.60 $3,868.85 HOURLY RATE $39.9681 $42.0901 $43.7975 $46.0950 $48.3606 A101 BUILDING MAINTENANCE WORKER A613 BUILDING INSPECTOR II A603 BUILDING INSPECTOR I B112 BUILDING DIVISION SUPERVISOR 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 44 CLASS PAY BASIS STEP A STEP B STEP C STEP D STEP EJOB DESCRIPTION ANNUAL $91,329.06 $95,951.68 $100,734.73 $105,903.03 $111,232.02 MONTHLY $7,610.76 $7,995.97 $8,394.56 $8,825.25 $9,269.34 BI-WEEKLY $3,512.66 $3,690.45 $3,874.41 $4,073.19 $4,278.15 HOURLY RATE $43.9083 $46.1306 $48.4301 $50.9149 $53.4769 ANNUAL $158,589.95 $166,469.44 $174,682.17 $183,264.51 $192,364.73 MONTHLY $13,215.83 $13,872.45 $14,556.85 $15,272.04 $16,030.39 BI-WEEKLY $6,099.61 $6,402.67 $6,718.55 $7,048.64 $7,398.64 HOURLY RATE $76.2451 $80.0334 $83.9819 $88.1080 $92.4830 ANNUAL $316,142.81 MONTHLY $26,345.23 BI-WEEKLY $12,159.34 HOURLY RATE $151.9918 ANNUAL $197,137.12 $206,939.89 $217,335.20 $228,211.10 $239,568.13 MONTHLY $16,428.09 $17,244.99 $18,111.27 $19,017.59 $19,964.01 BI-WEEKLY $7,582.20 $7,959.23 $8,359.05 $8,777.35 $9,214.16 HOURLY RATE $94.7775 $99.4904 $104.4881 $109.7169 $115.1770 ANNUAL $169,884.39 $178,502.19 $187,119.53 $196,736.86 $206,546.88 MONTHLY $14,157.03 $14,875.18 $15,593.29 $16,394.74 $17,212.24 BI-WEEKLY $6,534.02 $6,865.47 $7,196.91 $7,566.80 $7,944.11 HOURLY RATE $81.6753 $85.8184 $89.9614 $94.5850 $99.3014 ANNUAL $197,137.12 $206,939.89 $217,335.20 $228,211.10 $239,568.13 MONTHLY $16,428.09 $17,244.99 $18,111.27 $19,017.59 $19,964.01 BI-WEEKLY $7,582.20 $7,959.23 $8,359.05 $8,777.35 $9,214.16 HOURLY RATE $94.7775 $99.4904 $104.4881 $109.7169 $115.1770 ANNUAL $335,876.95 MONTHLY $27,989.75 BI-WEEKLY $12,918.34 HOURLY RATE $161.4793 ANNUAL $113,465.85 $118,661.48 $124,624.25 $130,796.14 $137,351.57 MONTHLY $9,455.49 $9,888.46 $10,385.35 $10,899.68 $11,445.96 BI-WEEKLY $4,364.07 $4,563.90 $4,793.24 $5,030.62 $5,282.75 HOURLY RATE $54.5509 $57.0488 $59.9155 $62.8828 $66.0344 ANNUAL $106,639.24 $111,948.81 $117,564.90 $123,412.47 $129,606.36 MONTHLY $8,886.60 $9,329.07 $9,797.08 $10,284.37 $10,800.53 BI-WEEKLY $4,101.51 $4,305.72 $4,521.73 $4,746.63 $4,984.86 HOURLY RATE $51.2689 $53.8215 $56.5216 $59.3329 $62.3108 ANNUAL $197,137.12 $206,939.89 $217,335.20 $228,211.10 $239,568.13 MONTHLY $16,428.09 $17,244.99 $18,111.27 $19,017.59 $19,964.01 BI-WEEKLY $7,582.20 $7,959.23 $8,359.05 $8,777.35 $9,214.16 HOURLY RATE $94.7775 $99.4904 $104.4881 $109.7169 $115.1770 ANNUAL $88,040.06 $92,005.13 $96,393.24 $100,897.59 $105,863.47 MONTHLY $7,336.67 $7,667.09 $8,032.77 $8,408.13 $8,821.96 BI-WEEKLY $3,386.16 $3,538.66 $3,707.43 $3,880.68 $4,071.67 HOURLY RATE $42.3270 $44.2333 $46.3429 $48.5085 $50.8959 ANNUAL $92,389.74 $96,431.99 $101,205.46 $105,863.47 $111,291.29 MONTHLY $7,699.15 $8,036.00 $8,433.79 $8,821.96 $9,274.27 BI-WEEKLY $3,553.45 $3,708.92 $3,892.52 $4,071.67 $4,280.43 HOURLY RATE $44.4181 $46.3615 $48.6565 $50.8959 $53.5054 ANNUAL $11,400.00 MONTHLY $950.00 BI-WEEKLY $438.46 HOURLY RATE $5.4808 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 S603 CCTV LEADWORKER 45 CLASS PAY BASIS STEP A STEP B STEP C STEP D STEP EJOB DESCRIPTION ANNUAL $68,166.36 $71,285.92 $74,836.91 $78,786.14 $82,835.01 MONTHLY $5,680.53 $5,940.49 $6,236.41 $6,565.51 $6,902.92 BI-WEEKLY $2,621.78 $2,741.77 $2,878.34 $3,030.24 $3,185.96 HOURLY RATE $32.7723 $34.2721 $35.9793 $37.8780 $39.8245 ANNUAL $98,864.47 $103,776.10 $108,853.66 $114,362.82 $120,070.97 MONTHLY $8,238.71 $8,648.01 $9,071.14 $9,530.24 $10,005.91 BI-WEEKLY $3,802.48 $3,991.39 $4,186.68 $4,398.57 $4,618.11 HOURLY RATE $47.5310 $49.8924 $52.3335 $54.9821 $57.7264 ANNUAL $125,367.52 $131,635.91 $138,217.72 $145,128.60 $152,385.00 MONTHLY $10,447.29 $10,969.66 $11,518.14 $12,094.05 $12,698.75 BI-WEEKLY $4,821.83 $5,062.92 $5,316.07 $5,581.87 $5,860.96 HOURLY RATE $60.2729 $63.2865 $66.4509 $69.7734 $73.2620 ANNUAL $150,710.48 $158,257.17 $166,173.60 $174,422.84 $183,190.56 MONTHLY $12,559.21 $13,188.10 $13,847.80 $14,535.24 $15,265.88 BI-WEEKLY $5,796.56 $6,086.81 $6,391.29 $6,708.57 $7,045.79 HOURLY RATE $72.4570 $76.0851 $79.8911 $83.8571 $88.0724 ANNUAL $169,393.80 $177,900.54 $186,757.19 $196,156.70 $205,867.33 MONTHLY $14,116.15 $14,825.05 $15,563.10 $16,346.39 $17,155.61 BI-WEEKLY $6,515.15 $6,842.33 $7,182.97 $7,544.49 $7,917.97 HOURLY RATE $81.4394 $85.5291 $89.7871 $94.3061 $98.9746 ANNUAL $150,710.48 $158,257.17 $166,173.60 $174,422.84 $183,190.56 MONTHLY $12,559.21 $13,188.10 $13,847.80 $14,535.24 $15,265.88 BI-WEEKLY $5,796.56 $6,086.81 $6,391.29 $6,708.57 $7,045.79 HOURLY RATE $72.4570 $76.0851 $79.8911 $83.8571 $88.0724 ANNUAL $208,456.88 $218,851.78 $229,838.82 $241,306.94 $253,403.99 MONTHLY $17,371.41 $18,237.65 $19,153.24 $20,108.91 $21,117.00 BI-WEEKLY $8,017.57 $8,417.38 $8,839.95 $9,281.04 $9,746.31 HOURLY RATE $100.2196 $105.2173 $110.4994 $116.0130 $121.8289 ANNUAL $120,502.41 $126,542.51 $132,881.24 $139,518.55 $146,487.85 MONTHLY $10,041.87 $10,545.21 $11,073.44 $11,626.55 $12,207.32 BI-WEEKLY $4,634.71 $4,867.02 $5,110.82 $5,366.10 $5,634.15 HOURLY RATE $57.9339 $60.8378 $63.8853 $67.0763 $70.4269 ANNUAL $120,335.20 $125,797.67 $132,183.86 $138,685.20 $145,648.65 MONTHLY $10,027.93 $10,483.14 $11,015.32 $11,557.10 $12,137.39 BI-WEEKLY $4,628.28 $4,838.37 $5,083.99 $5,334.05 $5,601.87 HOURLY RATE $57.8535 $60.4796 $63.5499 $66.6756 $70.0234 ANNUAL $93,289.03 $97,736.01 $102,614.58 $107,891.26 $113,068.46 MONTHLY $7,774.09 $8,144.67 $8,551.22 $8,990.94 $9,422.37 BI-WEEKLY $3,588.04 $3,759.08 $3,946.71 $4,149.66 $4,348.79 HOURLY RATE $44.8505 $46.9885 $49.3339 $51.8708 $54.3599 ANNUAL $92,923.86 $97,636.52 $102,614.58 $107,658.93 $112,968.97 MONTHLY $7,743.66 $8,136.38 $8,551.22 $8,971.58 $9,414.08 BI-WEEKLY $3,573.99 $3,755.25 $3,946.71 $4,140.73 $4,344.96 HOURLY RATE $44.6749 $46.9406 $49.3339 $51.7591 $54.3120 ANNUAL $110,764.77 $116,254.18 $122,157.15 $128,210.46 $134,602.07 MONTHLY $9,230.40 $9,687.85 $10,179.76 $10,684.21 $11,216.84 BI-WEEKLY $4,260.18 $4,471.31 $4,698.35 $4,931.17 $5,177.00 HOURLY RATE $53.2523 $55.8914 $58.7294 $61.6396 $64.7125 ANNUAL $90,975.86 $95,438.05 $100,189.08 $105,228.96 $110,622.00 MONTHLY $7,581.32 $7,953.17 $8,349.09 $8,769.08 $9,218.50 BI-WEEKLY $3,499.07 $3,670.69 $3,853.43 $4,047.27 $4,254.69 HOURLY RATE $43.7384 $45.8836 $48.1679 $50.5909 $53.1836 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 D301 DEPUTY CITY MANAGER D501 DEPUTY CITY ATTORNEY A116 CUSTOMER SERVICE SUPERVISOR A106 CUSTODIAN 46 CLASS PAY BASIS STEP A STEP B STEP C STEP D STEP EJOB DESCRIPTION ANNUAL $94,924.74 $99,252.55 $104,357.81 $109,574.12 $115,085.73 MONTHLY $7,910.40 $8,271.05 $8,696.48 $9,131.18 $9,590.48 BI-WEEKLY $3,650.95 $3,817.41 $4,013.76 $4,214.39 $4,426.37 HOURLY RATE $45.6369 $47.7176 $50.1720 $52.6799 $55.3296 ANNUAL $128,182.99 $134,607.19 $141,339.83 $148,418.25 $155,804.93 MONTHLY $10,681.92 $11,217.27 $11,778.32 $12,368.19 $12,983.74 BI-WEEKLY $4,930.12 $5,177.20 $5,436.15 $5,708.39 $5,992.50 HOURLY RATE $61.6265 $64.7150 $67.9519 $71.3549 $74.9063 ANNUAL $91,329.06 $95,951.68 $100,734.73 $105,903.03 $111,232.02 MONTHLY $7,610.76 $7,995.97 $8,394.56 $8,825.25 $9,269.34 BI-WEEKLY $3,512.66 $3,690.45 $3,874.41 $4,073.19 $4,278.15 HOURLY RATE $43.9083 $46.1306 $48.4301 $50.9149 $53.4769 ANNUAL $83,111.06 $87,444.61 $91,200.65 $95,951.68 $100,574.30 MONTHLY $6,925.92 $7,287.05 $7,600.05 $7,995.97 $8,381.19 BI-WEEKLY $3,196.58 $3,363.25 $3,507.72 $3,690.45 $3,868.24 HOURLY RATE $39.9573 $42.0406 $43.8465 $46.1306 $48.3530 ANNUAL $114,506.27 $120,220.45 $126,287.57 $132,611.53 $139,192.33 MONTHLY $9,542.19 $10,018.37 $10,523.96 $11,050.96 $11,599.36 BI-WEEKLY $4,404.09 $4,623.86 $4,857.21 $5,100.44 $5,353.55 HOURLY RATE $55.0511 $57.7983 $60.7151 $63.7555 $66.9194 ANNUAL $206,570.20 $216,891.29 $227,656.29 $239,124.26 $251,036.15 MONTHLY $17,214.18 $18,074.27 $18,971.36 $19,927.02 $20,919.68 BI-WEEKLY $7,945.01 $8,341.97 $8,756.01 $9,197.09 $9,655.24 HOURLY RATE $99.3126 $104.2746 $109.4501 $114.9636 $120.6905 ANNUAL $135,403.51 $142,530.00 $150,031.58 $157,927.98 $166,239.98 MONTHLY $11,283.63 $11,877.50 $12,502.63 $13,160.67 $13,853.33 BI-WEEKLY $5,207.83 $5,481.92 $5,770.45 $6,074.15 $6,393.85 HOURLY RATE $65.0979 $68.5240 $72.1306 $75.9269 $79.9231 ANNUAL $125,297.55 $131,645.21 $138,184.84 $145,071.29 $152,303.51 MONTHLY $10,441.46 $10,970.43 $11,515.40 $12,089.27 $12,691.96 BI-WEEKLY $4,819.14 $5,063.28 $5,314.80 $5,579.67 $5,857.83 HOURLY RATE $60.2393 $63.2910 $66.4350 $69.7459 $73.2229 ANNUAL $114,506.27 $120,220.45 $126,287.57 $132,611.53 $139,192.33 MONTHLY $9,542.19 $10,018.37 $10,523.96 $11,050.96 $11,599.36 BI-WEEKLY $4,404.09 $4,623.86 $4,857.21 $5,100.44 $5,353.55 HOURLY RATE $55.0511 $57.7983 $60.7151 $63.7555 $66.9194 ANNUAL $102,566.78 $107,964.79 $113,647.25 $119,628.66 $125,924.91 MONTHLY $8,547.23 $8,997.07 $9,470.60 $9,969.06 $10,493.74 BI-WEEKLY $3,944.88 $4,152.49 $4,371.05 $4,601.10 $4,843.27 HOURLY RATE $49.3110 $51.9061 $54.6381 $57.5138 $60.5409 ANNUAL $82,469.98 $86,585.14 $90,899.56 $95,446.18 $100,225.12 MONTHLY $6,872.50 $7,215.43 $7,574.96 $7,953.85 $8,352.09 BI-WEEKLY $3,171.92 $3,330.20 $3,496.14 $3,671.01 $3,854.81 HOURLY RATE $39.6490 $41.6275 $43.7018 $45.8876 $48.1851 ANNUAL $95,446.18 $100,225.12 $105,302.67 $110,479.87 $116,022.09 MONTHLY $7,953.85 $8,352.09 $8,775.22 $9,206.66 $9,668.51 BI-WEEKLY $3,671.01 $3,854.81 $4,050.10 $4,249.23 $4,462.39 HOURLY RATE $45.8876 $48.1851 $50.6263 $53.1154 $55.7799 ANNUAL $111,164.46 $116,750.74 $122,336.71 $128,588.44 $135,062.46 MONTHLY $9,263.71 $9,729.23 $10,194.73 $10,715.70 $11,255.21 BI-WEEKLY $4,275.56 $4,490.41 $4,705.26 $4,945.71 $5,194.71 HOURLY RATE $53.4445 $56.1301 $58.8158 $61.8214 $64.9339 D107 HUMAN RESOURCES ANALYST II A614 GREEN BUILDING SPECIALIST A805 GRAPHIC ARTIST A610 GIS COORDINATOR B612 FLEET SUPERVISOR B606 FLEET MANAGER B108 FINANCIAL SERVICES MANAGER D103 FINANCE DIRECTOR B611 FACILITIES SUPERVISOR S703 FACILITIES MAINTENANCE WORKER S704 FACILITIES LEADWORKER B900 FACILITIES AND FLEET MANAGER D105 EXECUTIVE ASSISTANT 47 CLASS PAY BASIS STEP A STEP B STEP C STEP D STEP EJOB DESCRIPTION ANNUAL $197,137.12 $206,939.89 $217,335.20 $228,211.10 $239,568.13 MONTHLY $16,428.09 $17,244.99 $18,111.27 $19,017.59 $19,964.01 BI-WEEKLY $7,582.20 $7,959.23 $8,359.05 $8,777.35 $9,214.16 HOURLY RATE $94.7775 $99.4904 $104.4881 $109.7169 $115.1770 ANNUAL $84,581.67 $88,568.25 $92,914.09 $97,547.17 $102,647.11 MONTHLY $7,048.47 $7,380.69 $7,742.84 $8,128.93 $8,553.93 BI-WEEKLY $3,253.14 $3,406.47 $3,573.62 $3,751.81 $3,947.97 HOURLY RATE $40.6643 $42.5809 $44.6703 $46.8976 $49.3496 ANNUAL $164,540.49 $172,767.52 $181,405.90 $190,476.19 $200,000.00 MONTHLY $13,711.71 $14,397.29 $15,117.16 $15,873.02 $16,666.67 BI-WEEKLY $6,328.48 $6,644.90 $6,977.15 $7,326.01 $7,692.31 HOURLY RATE $79.1060 $83.0613 $87.2144 $91.5751 $96.1539 ANNUAL $91,329.06 $95,951.68 $100,734.73 $105,903.03 $111,232.02 MONTHLY $7,610.76 $7,995.97 $8,394.56 $8,825.25 $9,269.34 BI-WEEKLY $3,512.66 $3,690.45 $3,874.41 $4,073.19 $4,278.15 HOURLY RATE $43.9083 $46.1306 $48.4301 $50.9149 $53.4769 ANNUAL $82,757.86 $86,642.11 $90,975.86 $95,438.05 $100,189.08 MONTHLY $6,896.49 $7,220.18 $7,581.32 $7,953.17 $8,349.09 BI-WEEKLY $3,182.99 $3,332.39 $3,499.07 $3,670.69 $3,853.43 HOURLY RATE $39.7874 $41.6549 $43.7384 $45.8836 $48.1679 ANNUAL $105,203.18 $110,214.46 $115,856.17 $121,498.03 $127,272.58 MONTHLY $8,766.93 $9,184.54 $9,654.68 $10,124.84 $10,606.05 BI-WEEKLY $4,046.28 $4,239.02 $4,456.01 $4,673.00 $4,895.10 HOURLY RATE $50.5785 $52.9878 $55.7001 $58.4125 $61.1888 ANNUAL $95,531.35 $100,188.61 $105,207.19 $110,478.28 $116,146.63 MONTHLY $7,960.95 $8,349.05 $8,767.27 $9,206.52 $9,678.89 BI-WEEKLY $3,674.28 $3,853.41 $4,046.43 $4,249.16 $4,467.18 HOURLY RATE $45.9285 $48.1676 $50.5804 $53.1145 $55.8398 ANNUAL $91,329.06 $95,951.68 $100,734.73 $105,903.03 $111,232.02 MONTHLY $7,610.76 $7,995.97 $8,394.56 $8,825.25 $9,269.34 BI-WEEKLY $3,512.66 $3,690.45 $3,874.41 $4,073.19 $4,278.15 HOURLY RATE $43.9083 $46.1306 $48.4301 $50.9149 $53.4769 ANNUAL $91,329.06 $95,951.68 $100,734.73 $105,903.03 $111,232.02 MONTHLY $7,610.76 $7,995.97 $8,394.56 $8,825.25 $9,269.34 BI-WEEKLY $3,512.66 $3,690.45 $3,874.41 $4,073.19 $4,278.15 HOURLY RATE $43.9083 $46.1306 $48.4301 $50.9149 $53.4769 ANNUAL $86,485.66 $90,667.23 $94,848.80 $99,694.02 $104,439.90 MONTHLY $7,207.14 $7,555.60 $7,904.07 $8,307.84 $8,703.33 BI-WEEKLY $3,326.37 $3,487.20 $3,648.03 $3,834.39 $4,016.92 HOURLY RATE $41.5796 $43.5900 $45.6004 $47.9299 $50.2115 ANNUAL $95,213.84 $99,959.57 $104,771.73 $109,882.49 $115,623.84 MONTHLY $7,934.49 $8,329.96 $8,730.98 $9,156.87 $9,635.32 BI-WEEKLY $3,662.07 $3,844.60 $4,029.68 $4,226.25 $4,447.07 HOURLY RATE $45.7759 $48.0575 $50.3710 $52.8281 $55.5884 ANNUAL $115,487.52 $121,258.43 $127,105.72 $133,684.38 $140,224.12 MONTHLY $9,623.96 $10,104.87 $10,592.14 $11,140.37 $11,685.34 BI-WEEKLY $4,441.83 $4,663.79 $4,888.68 $5,141.71 $5,393.24 HOURLY RATE $55.5229 $58.2974 $61.1085 $64.2714 $67.4155 ANNUAL $66,241.42 $69,659.71 $73,111.21 $76,463.10 $80,478.77 MONTHLY $5,520.12 $5,804.98 $6,092.60 $6,371.93 $6,706.56 BI-WEEKLY $2,547.75 $2,679.22 $2,811.97 $2,940.89 $3,095.34 HOURLY RATE $31.8469 $33.4903 $35.1496 $36.7611 $38.6918 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 S610 INSTRUMENTATION MECHANIC TECH B109 INFORMATION TECHNOLOGY MANAGER D400 HUMAN RESOURCES TECHNICIAN D805 HUMAN RESOURCES DIRECTOR 48 CLASS PAY BASIS STEP A STEP B STEP C STEP D STEP EJOB DESCRIPTION ANNUAL $73,907.71 $77,193.18 $81,341.68 $84,992.16 $89,173.75 MONTHLY $6,158.98 $6,432.77 $6,778.47 $7,082.68 $7,431.15 BI-WEEKLY $2,842.60 $2,968.97 $3,128.53 $3,268.93 $3,429.76 HOURLY RATE $35.5325 $37.1121 $39.1066 $40.8616 $42.8720 ANNUAL $82,503.20 $86,253.32 $90,766.72 $95,280.26 $99,760.45 MONTHLY $6,875.27 $7,187.78 $7,563.89 $7,940.02 $8,313.37 BI-WEEKLY $3,173.20 $3,317.44 $3,491.03 $3,664.63 $3,836.94 HOURLY RATE $39.6650 $41.4680 $43.6379 $45.8079 $47.9618 ANNUAL $91,097.83 $95,406.14 $99,907.07 $105,139.08 $109,986.15 MONTHLY $7,591.49 $7,950.51 $8,325.59 $8,761.59 $9,165.51 BI-WEEKLY $3,503.76 $3,669.47 $3,842.58 $4,043.81 $4,230.24 HOURLY RATE $43.7970 $45.8684 $48.0323 $50.5476 $52.8780 ANNUAL $134,645.77 $141,531.93 $148,533.35 $155,996.90 $164,075.45 MONTHLY $11,220.48 $11,794.33 $12,377.78 $12,999.74 $13,672.95 BI-WEEKLY $5,178.68 $5,443.54 $5,712.82 $5,999.88 $6,310.59 HOURLY RATE $64.7335 $68.0443 $71.4103 $74.9985 $78.8824 ANNUAL $115,487.52 $121,258.43 $127,105.72 $133,684.38 $140,224.12 MONTHLY $9,623.96 $10,104.87 $10,592.14 $11,140.37 $11,685.34 BI-WEEKLY $4,441.83 $4,663.79 $4,888.68 $5,141.71 $5,393.24 HOURLY RATE $55.5229 $58.2974 $61.1085 $64.2714 $67.4155 ANNUAL $101,922.45 $107,026.64 $112,483.82 $118,101.63 $124,072.64 MONTHLY $8,493.54 $8,918.89 $9,373.65 $9,841.80 $10,339.39 BI-WEEKLY $3,920.09 $4,116.41 $4,326.30 $4,542.37 $4,772.02 HOURLY RATE $49.0011 $51.4551 $54.0788 $56.7796 $59.6503 ANNUAL $102,566.78 $107,964.79 $113,647.25 $119,628.66 $125,924.91 MONTHLY $8,547.23 $8,997.07 $9,470.60 $9,969.06 $10,493.74 BI-WEEKLY $3,944.88 $4,152.49 $4,371.05 $4,601.10 $4,843.27 HOURLY RATE $49.3110 $51.9061 $54.6381 $57.5138 $60.5409 ANNUAL $98,499.28 $103,444.29 $108,555.04 $114,030.86 $119,705.92 MONTHLY $8,208.27 $8,620.36 $9,046.25 $9,502.57 $9,975.49 BI-WEEKLY $3,788.43 $3,978.63 $4,175.19 $4,385.80 $4,604.07 HOURLY RATE $47.3554 $49.7329 $52.1899 $54.8225 $57.5509 ANNUAL $64,880.77 $68,166.36 $71,583.09 $74,969.75 $79,051.68 MONTHLY $5,406.73 $5,680.53 $5,965.26 $6,247.48 $6,587.64 BI-WEEKLY $2,495.41 $2,621.78 $2,753.20 $2,883.45 $3,040.45 HOURLY RATE $31.1926 $32.7723 $34.4150 $36.0431 $38.0056 ANNUAL $71,053.58 $74,305.96 $78,022.88 $81,905.83 $85,655.96 MONTHLY $5,921.13 $6,192.16 $6,501.91 $6,825.49 $7,138.00 BI-WEEKLY $2,732.83 $2,857.92 $3,000.88 $3,150.22 $3,294.46 HOURLY RATE $34.1604 $35.7240 $37.5110 $39.3778 $41.1808 ANNUAL $91,329.06 $95,951.68 $100,734.73 $105,903.03 $111,232.02 MONTHLY $7,610.76 $7,995.97 $8,394.56 $8,825.25 $9,269.34 BI-WEEKLY $3,512.66 $3,690.45 $3,874.41 $4,073.19 $4,278.15 HOURLY RATE $43.9083 $46.1306 $48.4301 $50.9149 $53.4769 ANNUAL $74,636.26 $78,070.97 $82,436.79 $86,288.97 $90,430.22 MONTHLY $6,219.69 $6,505.91 $6,869.73 $7,190.75 $7,535.85 BI-WEEKLY $2,870.63 $3,002.73 $3,170.65 $3,318.81 $3,478.09 HOURLY RATE $35.8829 $37.5341 $39.6331 $41.4851 $43.4761 ANNUAL $78,070.97 $82,436.79 $86,288.97 $90,430.22 $94,892.18 MONTHLY $6,505.91 $6,869.73 $7,190.75 $7,535.85 $7,907.68 BI-WEEKLY $3,002.73 $3,170.65 $3,318.81 $3,478.09 $3,649.70 HOURLY RATE $37.5341 $39.6331 $41.4851 $43.4761 $45.6213 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 B805 LIBRARY SERVICES MANAGER B803 LIBRARY CIRCULATION SUPE A802 LIBRARY ASSISTANT III A803 LIBRARY ASSISTANT II 49 CLASS PAY BASIS STEP A STEP B STEP C STEP D STEP EJOB DESCRIPTION ANNUAL $72,513.85 $75,965.36 $79,715.48 $83,764.21 $87,945.79 MONTHLY $6,042.82 $6,330.45 $6,642.96 $6,980.35 $7,328.82 BI-WEEKLY $2,788.99 $2,921.74 $3,065.98 $3,221.70 $3,382.53 HOURLY RATE $34.8624 $36.5218 $38.3248 $40.2713 $42.2816 ANNUAL $78,786.14 $82,835.01 $86,651.56 $90,866.35 $95,412.96 MONTHLY $6,565.51 $6,902.92 $7,220.96 $7,572.20 $7,951.08 BI-WEEKLY $3,030.24 $3,185.96 $3,332.75 $3,494.86 $3,669.73 HOURLY RATE $37.8780 $39.8245 $41.6594 $43.6858 $45.8716 ANNUAL $197,137.12 $206,939.89 $217,335.20 $228,211.10 $239,568.13 MONTHLY $16,428.09 $17,244.99 $18,111.27 $19,017.59 $19,964.01 BI-WEEKLY $7,582.20 $7,959.23 $8,359.05 $8,777.35 $9,214.16 HOURLY RATE $94.7775 $99.4904 $104.4881 $109.7169 $115.1770 ANNUAL $118,488.38 $124,605.38 $130,760.61 $137,262.06 $145,725.41 MONTHLY $9,874.03 $10,383.78 $10,896.72 $11,438.51 $12,143.78 BI-WEEKLY $4,557.25 $4,792.51 $5,029.25 $5,279.31 $5,604.82 HOURLY RATE $56.9656 $59.9064 $62.8656 $65.9914 $70.0603 ANNUAL $139,982.46 $147,232.91 $154,409.91 $162,215.37 $170,612.82 MONTHLY $11,665.21 $12,269.41 $12,867.49 $13,517.95 $14,217.74 BI-WEEKLY $5,383.94 $5,662.80 $5,938.84 $6,239.05 $6,562.03 HOURLY RATE $67.2993 $70.7850 $74.2355 $77.9881 $82.0254 ANNUAL $115,679.94 $121,565.69 $127,682.63 $134,107.53 $142,378.49 MONTHLY $9,640.00 $10,130.47 $10,640.22 $11,175.63 $11,864.87 BI-WEEKLY $4,449.23 $4,675.60 $4,910.87 $5,157.98 $5,476.10 HOURLY RATE $55.6154 $58.4450 $61.3859 $64.4748 $68.4513 ANNUAL $98,864.47 $103,776.10 $108,853.66 $114,362.82 $120,070.97 MONTHLY $8,238.71 $8,648.01 $9,071.14 $9,530.24 $10,005.91 BI-WEEKLY $3,802.48 $3,991.39 $4,186.68 $4,398.57 $4,618.11 HOURLY RATE $47.5310 $49.8924 $52.3335 $54.9821 $57.7264 ANNUAL $86,784.28 $91,065.47 $95,744.78 $100,424.24 $105,402.30 MONTHLY $7,232.02 $7,588.79 $7,978.73 $8,368.69 $8,783.53 BI-WEEKLY $3,337.86 $3,502.52 $3,682.49 $3,862.47 $4,053.93 HOURLY RATE $41.7233 $43.7815 $46.0311 $48.2809 $50.6741 ANNUAL $110,347.16 $115,822.96 $121,730.36 $127,405.29 $133,943.12 MONTHLY $9,195.60 $9,651.91 $10,144.20 $10,617.11 $11,161.93 BI-WEEKLY $4,244.12 $4,454.73 $4,681.94 $4,900.20 $5,151.66 HOURLY RATE $53.0515 $55.6841 $58.5243 $61.2525 $64.3958 ANNUAL $193,474.90 $203,018.90 $213,302.81 $221,071.60 $234,981.11 MONTHLY $16,122.91 $16,918.24 $17,775.23 $18,422.63 $19,581.76 BI-WEEKLY $7,441.34 $7,808.42 $8,203.95 $8,502.75 $9,037.74 HOURLY RATE $93.0168 $97.6053 $102.5494 $106.2844 $112.9718 ANNUAL $153,299.93 $160,957.65 $168,947.98 $177,419.61 $186,334.69 MONTHLY $12,774.99 $13,413.14 $14,079.00 $14,784.97 $15,527.89 BI-WEEKLY $5,896.15 $6,190.68 $6,498.00 $6,823.83 $7,166.72 HOURLY RATE $73.7019 $77.3835 $81.2250 $85.2979 $89.5840 ANNUAL $84,660.34 $88,875.11 $93,255.80 $97,669.74 $102,349.04 MONTHLY $7,055.03 $7,406.26 $7,771.32 $8,139.15 $8,529.09 BI-WEEKLY $3,256.17 $3,418.27 $3,586.76 $3,756.53 $3,936.50 HOURLY RATE $40.7021 $42.7284 $44.8345 $46.9566 $49.2063 ANNUAL $189,088.87 $198,267.30 $206,937.72 $217,132.15 $227,669.27 MONTHLY $15,757.41 $16,522.28 $17,244.81 $18,094.35 $18,972.44 BI-WEEKLY $7,272.65 $7,625.67 $7,959.14 $8,351.24 $8,756.51 HOURLY RATE $90.9081 $95.3209 $99.4893 $104.3905 $109.4564 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 B430 PARKS SUPE/CITY ARBORIST D705 PARKS & RECREATION DIRECTOR A200 PARKING SYSTEM TECHNICIAN A201 PARKING ENFORCEMENT OFFICER 50 CLASS PAY BASIS STEP A STEP B STEP C STEP D STEP EJOB DESCRIPTION ANNUAL $225,241.42 $236,471.37 $248,266.89 $260,551.74 $273,666.48 MONTHLY $18,770.12 $19,705.95 $20,688.91 $21,712.65 $22,805.54 BI-WEEKLY $8,663.13 $9,095.05 $9,548.73 $10,021.22 $10,525.63 HOURLY RATE $108.2891 $113.6881 $119.3591 $125.2653 $131.5704 ANNUAL $67,569.00 $70,987.29 $74,538.31 $78,089.28 $81,839.41 MONTHLY $5,630.75 $5,915.61 $6,211.53 $6,507.44 $6,819.95 BI-WEEKLY $2,598.81 $2,730.28 $2,866.86 $3,003.43 $3,147.67 HOURLY RATE $32.4851 $34.1285 $35.8358 $37.5429 $39.3459 ANNUAL $74,538.31 $78,089.28 $81,839.41 $85,622.74 $89,837.53 MONTHLY $6,211.53 $6,507.44 $6,819.95 $7,135.23 $7,486.46 BI-WEEKLY $2,866.86 $3,003.43 $3,147.67 $3,293.18 $3,455.29 HOURLY RATE $35.8358 $37.5429 $39.3459 $41.1648 $43.1911 ANNUAL $103,444.29 MONTHLY $8,620.36 BI-WEEKLY $3,978.63 HOURLY RATE $49.7329 ANNUAL $161,798.31 $169,852.89 $178,366.87 $187,269.31 $196,643.19 MONTHLY $13,483.19 $14,154.41 $14,863.91 $15,605.78 $16,386.93 BI-WEEKLY $6,223.01 $6,532.80 $6,860.26 $7,202.67 $7,563.20 HOURLY RATE $77.7876 $81.6600 $85.7533 $90.0334 $94.5400 ANNUAL $111,294.09 $117,413.22 $122,720.96 $129,178.20 $135,331.11 MONTHLY $9,274.51 $9,784.44 $10,226.75 $10,764.85 $11,277.59 BI-WEEKLY $4,280.54 $4,515.89 $4,720.04 $4,968.39 $5,205.04 HOURLY RATE $53.5068 $56.4486 $59.0005 $62.1049 $65.0630 ANNUAL $107,094.77 MONTHLY $8,924.56 BI-WEEKLY $4,119.03 HOURLY RATE $51.4879 ANNUAL $135,195.98 $141,585.51 $148,617.50 $156,190.32 $164,135.04 MONTHLY $11,266.33 $11,798.79 $12,384.79 $13,015.86 $13,677.92 BI-WEEKLY $5,199.85 $5,445.60 $5,716.06 $6,007.32 $6,312.89 HOURLY RATE $64.9981 $68.0700 $71.4508 $75.0915 $78.9111 ANNUAL $133,761.15 $140,449.46 $147,471.88 $154,845.46 $162,587.85 MONTHLY $11,146.76 $11,704.12 $12,289.32 $12,903.79 $13,548.99 BI-WEEKLY $5,144.66 $5,401.90 $5,672.00 $5,955.59 $6,253.38 HOURLY RATE $64.3083 $67.5238 $70.9000 $74.4449 $78.1673 ANNUAL $59,039.94 $61,960.36 $65,013.61 $68,232.65 $71,684.14 MONTHLY $4,920.00 $5,163.36 $5,417.80 $5,686.05 $5,973.68 BI-WEEKLY $2,270.77 $2,383.09 $2,500.52 $2,624.33 $2,757.08 HOURLY RATE $28.3846 $29.7886 $31.2565 $32.8041 $34.4635 ANNUAL $109,251.92 $114,628.21 $120,436.00 $126,442.88 $132,848.03 MONTHLY $9,104.33 $9,552.35 $10,036.33 $10,536.91 $11,070.67 BI-WEEKLY $4,202.00 $4,408.78 $4,632.15 $4,863.19 $5,109.54 HOURLY RATE $52.5250 $55.1098 $57.9019 $60.7899 $63.8693 ANNUAL $65,013.88 $68,232.75 $71,684.14 $75,268.38 $79,031.67 MONTHLY $5,417.82 $5,686.06 $5,973.68 $6,272.37 $6,585.97 BI-WEEKLY $2,500.53 $2,624.34 $2,757.08 $2,894.94 $3,039.68 HOURLY RATE $31.2566 $32.8043 $34.4635 $36.1868 $37.9960 ANNUAL $85,191.28 $89,273.37 $93,488.16 $98,134.25 $103,012.84 MONTHLY $7,099.27 $7,439.45 $7,790.68 $8,177.85 $8,584.40 BI-WEEKLY $3,276.59 $3,433.59 $3,595.70 $3,774.39 $3,962.03 HOURLY RATE $40.9574 $42.9199 $44.9463 $47.1799 $49.5254 A701 RECREATION COORDINATOR II A702 RECREATION COORDINATOR I A611 PUBLIC WORKS INSPECTOR A711 PROGRAM COORDINATOR B201 POLICE SERVICES MANAGER M201 POLICE SERGEANT P201 POLICE OFFICER TRAINEE P200 POLICE OFFICER M202 POLICE LIEUTENANT A204 POLICE CLERK III A203 POLICE CLERK II A202 POLICE CLERK I D201 POLICE CHIEF 51 CLASS PAY BASIS STEP A STEP B STEP C STEP D STEP EJOB DESCRIPTION ANNUAL $124,338.57 $130,882.69 $137,771.24 $145,022.35 $152,655.09 MONTHLY $10,361.55 $10,906.89 $11,480.94 $12,085.20 $12,721.26 BI-WEEKLY $4,782.25 $5,033.95 $5,298.89 $5,577.78 $5,871.35 HOURLY RATE $59.7781 $62.9244 $66.2361 $69.7223 $73.3919 ANNUAL $134,645.77 $141,570.54 $148,533.35 $156,073.87 $164,114.09 MONTHLY $11,220.48 $11,797.55 $12,377.78 $13,006.16 $13,676.17 BI-WEEKLY $5,178.68 $5,445.02 $5,712.82 $6,002.84 $6,312.08 HOURLY RATE $64.7335 $68.0628 $71.4103 $75.0355 $78.9010 ANNUAL $113,371.68 $119,257.60 $124,759.20 $131,298.91 $137,838.97 MONTHLY $9,447.64 $9,938.13 $10,396.60 $10,941.58 $11,486.58 BI-WEEKLY $4,360.45 $4,586.83 $4,798.43 $5,049.96 $5,301.50 HOURLY RATE $54.5056 $57.3354 $59.9804 $63.1245 $66.2688 ANNUAL $106,367.59 $111,934.84 $117,894.03 $124,049.34 $130,597.29 MONTHLY $8,863.97 $9,327.90 $9,824.50 $10,337.45 $10,883.11 BI-WEEKLY $4,091.06 $4,305.19 $4,534.39 $4,771.13 $5,022.97 HOURLY RATE $51.1383 $53.8149 $56.6799 $59.6391 $62.7871 ANNUAL $122,925.10 $128,998.26 $135,104.80 $142,273.20 $149,441.62 MONTHLY $10,243.76 $10,749.86 $11,258.73 $11,856.10 $12,453.47 BI-WEEKLY $4,727.89 $4,961.47 $5,196.34 $5,472.05 $5,747.75 HOURLY RATE $59.0986 $62.0184 $64.9543 $68.4006 $71.8469 ANNUAL $161,767.35 $169,846.14 $178,386.47 $187,273.05 $196,698.29 MONTHLY $13,480.61 $14,153.85 $14,865.54 $15,606.09 $16,391.52 BI-WEEKLY $6,221.82 $6,532.54 $6,861.02 $7,202.81 $7,565.32 HOURLY RATE $77.7728 $81.6568 $85.7628 $90.0351 $94.5665 ANNUAL $122,280.90 $128,425.82 $134,570.38 $141,447.27 $148,568.70 MONTHLY $10,190.08 $10,702.15 $11,214.20 $11,787.27 $12,380.73 BI-WEEKLY $4,703.11 $4,939.45 $5,175.78 $5,440.28 $5,714.18 HOURLY RATE $58.7889 $61.7431 $64.6973 $68.0035 $71.4273 ANNUAL $116,756.75 $122,088.81 $128,244.53 $134,595.94 $141,339.44 MONTHLY $9,729.73 $10,174.07 $10,687.04 $11,216.33 $11,778.29 BI-WEEKLY $4,490.64 $4,695.72 $4,932.48 $5,176.77 $5,436.13 HOURLY RATE $56.1330 $58.6965 $61.6560 $64.7096 $67.9516 ANNUAL $134,595.24 $141,267.76 $148,300.06 $155,725.00 $163,575.02 MONTHLY $11,216.27 $11,772.31 $12,358.34 $12,977.08 $13,631.25 BI-WEEKLY $5,176.74 $5,433.38 $5,703.85 $5,989.42 $6,291.35 HOURLY RATE $64.7093 $67.9173 $71.2981 $74.8678 $78.6419 ANNUAL $121,332.11 $127,405.29 $133,644.50 $140,016.43 $147,417.18 MONTHLY $10,111.01 $10,617.11 $11,137.04 $11,668.04 $12,284.77 BI-WEEKLY $4,666.62 $4,900.20 $5,140.17 $5,385.25 $5,669.89 HOURLY RATE $58.3328 $61.2525 $64.2521 $67.3156 $70.8736 ANNUAL $103,081.88 $108,243.13 $113,726.89 $119,318.24 $125,303.85 MONTHLY $8,590.16 $9,020.26 $9,477.24 $9,943.19 $10,441.99 BI-WEEKLY $3,964.69 $4,163.20 $4,374.11 $4,589.16 $4,819.38 HOURLY RATE $49.5586 $52.0400 $54.6764 $57.3645 $60.2423 ANNUAL $114,506.27 $120,220.45 $126,287.57 $132,611.53 $139,192.33 MONTHLY $9,542.19 $10,018.37 $10,523.96 $11,050.96 $11,599.36 BI-WEEKLY $4,404.09 $4,623.86 $4,857.21 $5,100.44 $5,353.55 HOURLY RATE $55.0511 $57.7983 $60.7151 $63.7555 $66.9194 ANNUAL $78,070.97 $82,436.79 $86,288.97 $90,430.22 $94,892.18 MONTHLY $6,505.91 $6,869.73 $7,190.75 $7,535.85 $7,907.68 BI-WEEKLY $3,002.73 $3,170.65 $3,318.81 $3,478.09 $3,649.70 HOURLY RATE $37.5341 $39.6331 $41.4851 $43.4761 $45.6213 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 B700 RECREATION SUPERVISOR B710 RECREATION SUPERINTENDENT B711 RECREATION MANAGER 52 CLASS PAY BASIS STEP A STEP B STEP C STEP D STEP EJOB DESCRIPTION ANNUAL $74,315.11 $78,070.97 $82,436.79 $86,288.97 $90,430.22 MONTHLY $6,192.93 $6,505.91 $6,869.73 $7,190.75 $7,535.85 BI-WEEKLY $2,858.27 $3,002.73 $3,170.65 $3,318.81 $3,478.09 HOURLY RATE $35.7284 $37.5341 $39.6331 $41.4851 $43.4761 ANNUAL $128,182.99 $134,607.19 $141,339.83 $148,418.25 $155,804.93 MONTHLY $10,681.92 $11,217.27 $11,778.32 $12,368.19 $12,983.74 BI-WEEKLY $4,930.12 $5,177.20 $5,436.15 $5,708.39 $5,992.50 HOURLY RATE $61.6265 $64.7150 $67.9519 $71.3549 $74.9063 ANNUAL $121,658.69 $127,757.22 $134,127.47 $140,847.24 $147,878.52 MONTHLY $10,138.22 $10,646.44 $11,177.29 $11,737.27 $12,323.21 BI-WEEKLY $4,679.18 $4,913.74 $5,158.75 $5,417.20 $5,687.64 HOURLY RATE $58.4898 $61.4218 $64.4844 $67.7150 $71.0955 ANNUAL $91,329.06 $95,951.68 $100,734.73 $105,903.03 $111,232.02 MONTHLY $7,610.76 $7,995.97 $8,394.56 $8,825.25 $9,269.34 BI-WEEKLY $3,512.66 $3,690.45 $3,874.41 $4,073.19 $4,278.15 HOURLY RATE $43.9083 $46.1306 $48.4301 $50.9149 $53.4769 ANNUAL $121,498.03 $127,272.58 $133,943.12 $140,713.30 $147,815.44 MONTHLY $10,124.84 $10,606.05 $11,161.93 $11,726.11 $12,317.95 BI-WEEKLY $4,673.00 $4,895.10 $5,151.66 $5,412.05 $5,685.21 HOURLY RATE $58.4125 $61.1888 $64.3958 $67.6506 $71.0651 ANNUAL $140,082.86 $147,151.64 $154,519.18 $162,185.46 $170,415.77 MONTHLY $11,673.57 $12,262.64 $12,876.60 $13,515.46 $14,201.31 BI-WEEKLY $5,387.80 $5,659.68 $5,943.05 $6,237.90 $6,554.45 HOURLY RATE $67.3475 $70.7460 $74.2881 $77.9738 $81.9306 ANNUAL $141,941.24 $149,109.64 $156,443.99 $164,342.60 $172,539.85 MONTHLY $11,828.44 $12,425.80 $13,037.00 $13,695.22 $14,378.32 BI-WEEKLY $5,459.28 $5,734.99 $6,017.08 $6,320.87 $6,636.15 HOURLY RATE $68.2410 $71.6874 $75.2135 $79.0109 $82.9519 ANNUAL $91,329.06 $95,951.68 $100,734.73 $105,903.03 $111,232.02 MONTHLY $7,610.76 $7,995.97 $8,394.56 $8,825.25 $9,269.34 BI-WEEKLY $3,512.66 $3,690.45 $3,874.41 $4,073.19 $4,278.15 HOURLY RATE $43.9083 $46.1306 $48.4301 $50.9149 $53.4769 ANNUAL $80,029.32 $84,587.62 $88,439.80 $92,709.27 $97,267.76 MONTHLY $6,669.11 $7,048.97 $7,369.98 $7,725.77 $8,105.65 BI-WEEKLY $3,078.05 $3,253.37 $3,401.53 $3,565.74 $3,741.07 HOURLY RATE $38.4756 $40.6671 $42.5191 $44.5718 $46.7634 ANNUAL $82,597.43 $86,481.64 $90,847.45 $95,309.67 $100,124.77 MONTHLY $6,883.12 $7,206.80 $7,570.62 $7,942.47 $8,343.73 BI-WEEKLY $3,176.82 $3,326.22 $3,494.13 $3,665.76 $3,850.95 HOURLY RATE $39.7103 $41.5778 $43.6766 $45.8220 $48.1369 ANNUAL $91,329.06 $95,951.68 $100,734.73 $105,903.03 $111,232.02 MONTHLY $7,610.76 $7,995.97 $8,394.56 $8,825.25 $9,269.34 BI-WEEKLY $3,512.66 $3,690.45 $3,874.41 $4,073.19 $4,278.15 HOURLY RATE $43.9083 $46.1306 $48.4301 $50.9149 $53.4769 ANNUAL $128,182.99 $134,607.19 $141,339.83 $148,418.25 $155,804.93 MONTHLY $10,681.92 $11,217.27 $11,778.32 $12,368.19 $12,983.74 BI-WEEKLY $4,930.12 $5,177.20 $5,436.15 $5,708.39 $5,992.50 HOURLY RATE $61.6265 $64.7150 $67.9519 $71.3549 $74.9063 ANNUAL $78,841.40 $82,629.46 $86,578.03 $90,911.59 $95,438.05 MONTHLY $6,570.12 $6,885.79 $7,214.84 $7,575.97 $7,953.17 BI-WEEKLY $3,032.36 $3,178.06 $3,329.92 $3,496.60 $3,670.69 HOURLY RATE $37.9045 $39.7258 $41.6240 $43.7075 $45.8836 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 A115 SUSTAINABILITY PROGRAM MGR B607 STREETS STORM SEWER DIV MGR S605 STREET MNT&SEWR COL S OPR TRN 53 CLASS PAY BASIS STEP A STEP B STEP C STEP D STEP EJOB DESCRIPTION ANNUAL $114,506.27 $120,220.45 $126,287.57 $132,611.53 $139,192.33 MONTHLY $9,542.19 $10,018.37 $10,523.96 $11,050.96 $11,599.36 BI-WEEKLY $4,404.09 $4,623.86 $4,857.21 $5,100.44 $5,353.55 HOURLY RATE $55.0511 $57.7983 $60.7151 $63.7555 $66.9194 ANNUAL $91,329.06 $95,951.68 $100,734.73 $105,903.03 $111,232.02 MONTHLY $7,610.76 $7,995.97 $8,394.56 $8,825.25 $9,269.34 BI-WEEKLY $3,512.66 $3,690.45 $3,874.41 $4,073.19 $4,278.15 HOURLY RATE $43.9083 $46.1306 $48.4301 $50.9149 $53.4769 ANNUAL $82,436.79 $86,545.78 $90,879.52 $95,438.05 $100,189.08 MONTHLY $6,869.73 $7,212.15 $7,573.29 $7,953.17 $8,349.09 BI-WEEKLY $3,170.65 $3,328.68 $3,495.37 $3,670.69 $3,853.43 HOURLY RATE $39.6331 $41.6085 $43.6921 $45.8836 $48.1679 ANNUAL $114,506.27 $120,220.45 $126,287.57 $132,611.53 $139,192.33 MONTHLY $9,542.19 $10,018.37 $10,523.96 $11,050.96 $11,599.36 BI-WEEKLY $4,404.09 $4,623.86 $4,857.21 $5,100.44 $5,353.55 HOURLY RATE $55.0511 $57.7983 $60.7151 $63.7555 $66.9194 ANNUAL $91,329.06 $95,951.68 $100,734.73 $105,903.03 $111,232.02 MONTHLY $7,610.76 $7,995.97 $8,394.56 $8,825.25 $9,269.34 BI-WEEKLY $3,512.66 $3,690.45 $3,874.41 $4,073.19 $4,278.15 HOURLY RATE $43.9083 $46.1306 $48.4301 $50.9149 $53.4769 ANNUAL $78,070.97 $82,436.79 $86,288.97 $90,430.22 $94,892.18 MONTHLY $6,505.91 $6,869.73 $7,190.75 $7,535.85 $7,907.68 BI-WEEKLY $3,002.73 $3,170.65 $3,318.81 $3,478.09 $3,649.70 HOURLY RATE $37.5341 $39.6331 $41.4851 $43.4761 $45.6213 ANNUAL $74,315.11 $78,070.97 $82,436.79 $86,288.97 $90,430.22 MONTHLY $6,192.93 $6,505.91 $6,869.73 $7,190.75 $7,535.85 BI-WEEKLY $2,858.27 $3,002.73 $3,170.65 $3,318.81 $3,478.09 HOURLY RATE $35.7284 $37.5341 $39.6331 $41.4851 $43.4761 ANNUAL $94,185.00 $98,731.63 $103,610.20 $108,886.88 $114,196.92 MONTHLY $7,848.75 $8,227.64 $8,634.18 $9,073.91 $9,516.41 BI-WEEKLY $3,622.50 $3,797.37 $3,985.01 $4,187.96 $4,392.19 HOURLY RATE $45.2813 $47.4671 $49.8126 $52.3495 $54.9024 A110 ZONING TECHNICIAN S611 WATER SYSTEM OPERATOR TRAINEE S503 WATER SYSTEM OPERATOR S505 WATER SERVICE OPSTECH B503 WATER QUALITY SUPERVISOR S507 WATER QUALITY AND METER TECH S508 WATER QUALITY AND METER LEAD B501 WATER OPERATIONS SUPERVISOR 54 BUILDING DIVISION SUPERVISOR Page 1 of 4 BUILDING DIVISION SUPERVISOR Class specifications are only intended to present a descriptive summary of the range of duties and responsibilities associated with specified positions. Therefore, specifications may not include all duties performed by individuals within a classification. In addition, specifications are intended to outline the minimum qualifications necessary for entry into the class and do not necessarily convey the qualifications of incumbents within the position. DEFINITION Under general supervision of the Chief Building Official, plans, assigns, trains, and supervises the Building Division, which includes plans examination and building inspection. Oversee all plan review functions relating to building construction within the City and ensure compliance with City codes, State laws and accepted engineering practices. Oversee the inspection of routine and complex structures, including repairs, alterations, and building systems for compliance with building, plumbing, electrical and mechanical codes, and California energy and accessibility laws. DISTINGUISHING CHRACTERISTICS: The Building Division Supervisor is the advanced-level classification in the Community Development Building Classification. Incumbents work under general direction and frequently work independently with building inspections and in plan review functions related to building construction to ensure compliance with applicable codes and laws and building inspections including assisting in the plan review and performance evaluation of the work of subordinates, giving recommendations on discipline, and providing training. This class is distinguished from the Chief Building Official in that the latter is responsible for overall management and full supervisory responsibility for the Building Division. SUPERVISION RECEIVED/EXERCISED: Receives general directions from the Chief Building Official. Exercises technical, functional and leads supervision over building inspectors and other assigned personnel, as required. ESSENTIAL FUNCTIONS (Include, but are not limited to the following) Plans, prioritizes, assigns, supervises, trains, evaluates, and participates in the work of staff responsible for plans examination and building inspection. Participates in the selection of staff; provides or coordinates staff training; works with employees to correct deficiencies; implements discipline procedures. Provides leadership and works with staff to ensure a customer service-oriented environment that supports achieving the organizational mission, objectives, and values. Reviews architectural and structural construction drawings, structural calculations, and engineering reports for compliance with construction codes, local ordinances, and state laws; provides clear and understandable written responses related to review; approves corrected architectural and structural drawings and related reports for permit issuance. Reviews third-party consultants’ plan check comments, comment response times and the plan review process to ensure conformance with City codes and State building laws. Conducts audits of third-party consultant plan checks for all commercial and other complex structures, reviews structural calculations, fire resistive requirements, earthquake/wind resistance, and soils engineering for code compliance and safety. 55 BUILDING DIVISION SUPERVISOR Page 2 of 4 Reviews and responds to developers, design professionals and permit applicants who dispute the validity of plan review comments as it relates to the Building Safety Division; resolves plan check disputes between third-party consultants and the design professional/permit applicant. Interprets and explains building and energy code requirements to architects, contractors, engineers, property owners, construction inspectors and City staff; provides preliminary plan review, as required. Provides final approval and electronic stamping of plans before permit issuance, including review of applied fees; ensures coordination with other City departments and outside agencies. Attends meetings with permit applicants for clarification of review comments and verification of corrections. Conducts field inspections as required and resolves complaints, problems and conflicts related to inspection work; performs building investigations and follow-ups for special occupancies or change of occupancies; coordinates compliance actions when necessary. Performs difficult and highly complex inspections of industrial, commercial, and residential buildings during various stages of construction, repair, and remodeling to assure compliance with applicable City, County, State and federal codes and regulations; conducts building inspections of prefabricated trailers and homes on permanent foundations. Conducts field review of plans and specifications; ensures proper and safe installation of routine and complex building systems. Ensure that daily inspection requests are properly distributed so that all scheduled inspections are performed, and inspection data entries are properly completed; coordinates special requests for late or delayed inspections; monitors field inspections for consistency; ensures expired permits are up to date. Advises assigned staff on plan submittal, routing and record requirements, proper fee determination and approval status for permit issuance; provides technical guidance to assigned staff. Reviews test reports from laboratories conducted on construction materials and interpret reports in terms of City codes and regulations. Maintains building plans and records related to the Plan Check function and field inspections. Prepares a variety of written correspondence, reports, draft policies and procedures, and ordinances as required; prepares analysis of structural conditions of existing buildings. Performs structural observations of buildings in matters related to emergency or disaster responses to ensure safe occupancy of buildings and structures. Uses the discretion(s) granted in the code to approve projects while ensuring minimum health and safety requirements are achieved; develops creative solutions to challenging situations. Provides excellent customer service. Coordinates training of staff to ensure that knowledge of new codes and State laws is up-to- date, and a high level of competency is maintained. Recommends and assists in the implementation of goals and objectives; implements approved policies and procedures. Monitors expenditures, ensures proper budget coding on work orders, invoices, requisitions, and employee timecards. Keeps informed on new laws, current code changes and new methods and materials for building construction. Assists with community promotions and public information. May serve as Acting Chief Building Official during their absence. Performs other duties as required. 56 BUILDING DIVISION SUPERVISOR Page 3 of 4 KNOWLEDGE/ABILITIES/SKILLS: (The following are a representative sample of the knowledge/abilities and skills necessary to perform essential duties of the position.) Knowledge of: Operations, services, and activities of plans examination and building inspection services Methods and techniques of supervision, evaluation, training and motivation Construction codes, including building, plumbing, mechanical and electrical California building laws including accessibility, energy, green building standards, and mobile homes Structural engineering principles and current practices relating to wood, steel, concrete and masonry buildings Current construction materials, practices and inspection procedures for buildings Seismic rehabilitation methods, preservation techniques and the State Historical Building Code Federal, state and local regulations pertaining to building construction, including but not limited to: disabled access, energy conservation, housing and property maintenance, code adoption and the licensing of design professionals and contractors Mobile Home Park Act and related regulations Effective customer service techniques Principles and practices of training and development Methods and techniques of basic report preparation and writing, including English usage, spelling and grammar Office procedures and equipment, including computer software applications Methods and techniques of record keeping. Ability to: Plan, organize, direct, train and evaluate the work of subordinate staff Provide highly technical support for plans examination and building inspection services Oversee multiple projects, tasks, and priorities to achieve desired goals Make sound judgments in the interpretation of uniform codes and California building laws Read, interpret and review complex building construction plans and calculations Make engineering computations and analyses to check structural designs for conformance to the building code and acceptable standards of practice for moderate to highly complex projects Train professional, technical, and clerical personnel Develop work programs Create plan review correction sheets Review and evaluate material test reports, structural observation reports, soils reports and appeals for alternate methods of construction or equivalency of alternatives Perform field inspections during all phases of building construction and identify violations of building or energy codes and related ordinances for moderate to highly complex projects Prepare clear and concise written correspondence and reports Recommend and implement goals and objectives, policies and procedures Maintain accurate records Work independently within established guidelines Deal effectively with contractors, engineers, architects and the general public Resolve conflicts and develop effective solutions to problems Communicate effectively both orally and in writing 57 BUILDING DIVISION SUPERVISOR Page 4 of 4 Establish and maintain effective working relationships with peers, superiors and the public. Skill to: Use personal computer and relevant software applications, including knowledge of current web-based permit tracking software and electronic plan review solutions QUALIFICATIONS (The following are a representative sample of the qualifications necessary to perform the essential duties of the position.) Education and Experience: Sufficient education and experience to perform the above duties safely and efficiently. Typically, this includes equivalent to a bachelor’s degree in civil or structural engineering, architecture, or a closely related field, and three years of increasingly responsible experience which includes plan check, and electrical, plumbing, mechanical and building inspection duties. Supervisory or lead experience is required. License and Certifications: Possession of a valid Class C driver's license. Possession of one of the following valid certifications issued by the International Code Council (ICC) prior to appointment: R5 – Residential Combination Inspector Certification, C5 – Commercial Combination Inspector Certification, B3 – Building Plans Examiner Certification, C3 – Combination Plans Examiner Certification, or R3 – Residential Plans Examiner Certification. Within six months following appointment, must obtain a valid Combination Inspector Certification – ICC C5 or C8, or a valid Plans Examiner Certification – ICC C3. SPECIAL REQUIREMENTS Requires working cooperatively with others; works in indoor office conditions and the field, in seasonal climate and weather conditions; with exposure to construction noise, equipment, dust, and debris; may drive a vehicle to different locations; works under pressure, in potentially stressful situations; exposed to dust, dirt, wood shavings, toxic chemicals, electrical energy, solvents, hostile persons, and computer screen; requires sufficient vision, hearing, and stamina to perform the above job duties. 58 DEPUTY CITY MANAGER PAGE 1 OF 3 DEPUTY CITY MANAGER Class specifications are only intended to present a descriptive summary of the range of duties and responsibilities associated with specified positions. Therefore, specifications may not include all duties performed by individuals within a classification. In addition, specifications are intended to outline the minimum qualifications necessary for entry into the class and do not necessarily convey the qualifications of incumbents within the position. DEFINITION Under general direction of the City Manager, the Deputy City Manager performs a variety of complex assignments within the City Manager’s Office, including management/organizational analysis and; oversees legislative advocacy and federal grant-writing activities; provides policy guidance and recommendations on various City policies, projects, goals and objectives; supports City Council policy initiatives; prepares reports and studies as requested by the City Manager; oversees programs and projects that require experience in administration and involve interdepartmental and community interaction; and performs related work as required. The incumbent exercises comprehensive leadership and has highly effective communication and interpersonal skills. DISTINGUISHING CHARACTERISTICS The classification requires the incumbent to perform professional management work of a highly responsible and independent nature. The work is performed under the general policy direction of the City Manager. SUPERVISION RECEIVED/EXERCISED Receives supervision from the City Manager and may supervise administrative support staff, interns, and/or volunteers on behalf of the City Manager’s Office. ESSENTIAL FUNCTIONS (Include, but are not limited to the following) Formulates, recommends, and administers policies and procedures. Manages special projects, including directing the work of outside consultants and other advisors. Leads and manages projects from planning to completion. Ensures compliance with budget, timelines, and regulations. Coordinates with internal teams and external stakeholders. Tracks progress, mitigates risks, and reports on outcomes. Prepares written correspondence for the City Manager and City Council, as directed. Coordinates the dissemination of public information, including writing and distributing new releases and the City’s electronic newsletter and overseeing the City’s website. Participates in and helps develop public outreach initiatives. Responds to and seeks to resolve complaints on behalf of the City Manager and City Council. Manages the Citywide goal-setting process. Assists the Mayor, City Council, and City Manager with tracking state and federal legislation that may affect the City of Burlingame and oversees the City’s federal grant- writing activities. Conducts analysis to determine the effect of proposed legislation on assigned functional areas and related City operations Represents the City Manager in meetings with other cities, community agencies, and government agencies. Coordinates with staff liaisons to City Boards and Commissions as needed. 59 DEPUTY CITY MANAGER PAGE 2 OF 3 Assists the City Manager in the development of a variety of plans and programs designed to better the City, including the development of short- and long-range City strategies. Prepares reports and presents them to the City Council, committees, and community groups. Works closely with the City Manager and Department Heads, as assigned, to implement City Council policy directives. Assists and participates in the development, implementation, and reporting of related goals, objectives, and policies. Conducts studies and surveys and collects information on complicated operational and administrative problems; analyzes findings and prepares reports of practical solutions for review by the City Manager. Supports the City Council in periodic updates related to the Council’s priority focus areas and reporting on strategic initiatives. Coordinates and conducts negotiations for contracts, service agreements, and formal arrangements for the City Manager’s Office. Ensures terms align with agency’s policies, goals, legal requirements, and budget constraints. Reviews and finalizes documents to minimize risk and ensure clarity. May serve as Public Information Officer or Government Liaison for Emergency Operations. May provides information and briefings to the press relative to news releases. Performs other duties as assigned. KNOWLEDGE/ABILITIES/SKILLS (The following are a representative sample of the knowledge/abilities and skills necessary to perform essential duties of the position.) Knowledge of: Principles, practices, and procedures of public and business administration. Ordinances, resolutions, and laws affecting the operation of the City. Basic organization and function of public agencies. Business letter writing, social media, and computer applications related to work. Techniques for dealing effectively with people. Principles of management, supervision, training, and strategic planning. Basic organization and function of public agencies, including the role of an elected City Council and appointed boards and commissions. Principles and practices of public relations and community outreach. Principles and practices of budget development, analysis, administration, procurement, and contract administration. Ability to: Analyze problems and propose solutions Elicit the cooperation of others to affect solutions; negotiate Assist and advise on community outreach issues Communicate effectively in writing and orally Write complex reports, including recommendations and conclusions Use social media Run meetings Organize data Establish and maintain effective working relationships Interpret and work with ordinances, resolutions, and laws affecting the City Make sound decisions in a manner consistent with the essential job functions 60 DEPUTY CITY MANAGER PAGE 3 OF 3 Take a proactive approach to customer service and the position in general Improve processes and streamline procedures appropriately Work in a safe manner, following City safety practices and procedures Maintain confidentiality regarding sensitive information Use initiative and exercise independent judgment Organize work, set priorities, follow up on issues and meet deadlines Establish and maintain effective cooperative relationships with the public, staff, the press, contractors, consultants, and other elected and appointed officials Represent the City and the City Manager’s Department effectively in contacts with representatives of other agencies, City departments, and the public Skill in: Interact effectively with a wide range of community stakeholders, including residents, businesses, education, non-profit representatives, and other governmental agencies Planning, coordinating and directing work and/or activities of subordinate personnel as needed. QUALIFICATIONS (The following are a representative sample of the knowledge/abilities and skills necessary to perform essential duties of the position.) License/Certificate A valid Class C California Driver’s License. Education and/or Experience A bachelor’s degree with major coursework in public or business administration, or a related field, and 5 years of progressively more responsible community-based experience, or a master’s degree in public administration, or a related field, and three years of progressively more responsible community-based experience, is required. Experience with a city or county government agency preferred. SPECIAL REQUIREMENTS Ability and mobility to use standard office equipment, including a computer; sit, stand, walk, kneel, crouch, stoop, squat, twist, and maintain sustained posture in a seated or standing position for prolonged periods of time; lift and carry 35 pounds, files, and other materials; and to travel to different sites. 61 GIS COORDINATOR Page 1 of 3 GEOGRAPHIC INFORMATION SYSTEMS COORDINATOR Class specifications are only intended to present a descriptive summary of the range of duties and responsibilities associated with specified positions. Therefore, specifications may not include all duties performed by individuals within a classification. In addition, specifications are intended to outline the minimum qualifications necessary for entry into the class and do not necessarily convey the qualifications of incumbents within the position. DEFINITION Under the general direction of the Public Works Senior Management Analyst, the Geographic Information Systems (GIS) Coordinator plans, develops, and manages the use and operation of the City’s enterprise GIS, including hardware, software, and databases; performs related work as required. DISTINGUISHING CHARACTERISTICS: The Geographic Information Systems Coordinator (GIS) is a distinct classification within the Public Works Department. Incumbents frequently work independently in planning, developing, and managing the use of GIS technology. SUPERVISION RECEIVED/EXERCISED: Receives general supervision from the Public Works Senior Management Analyst. May provide technical and functional direction to lower -level clerical staff. ESSENTIAL FUNCTIONS (Include, but are not limited to the following) Responsible for the planning, development, implementation, use, training, and support of the City’s GIS. Develop, maintain, and update GIS databases, layers, and related data. Incorporate as-build/record drawing information and other spatial revisions into the City’s GIS. Produce GIS data-driven maps, reports, and visualizations for internal use and public distribution, as requested. Prepare and deliver periodic reports regarding the City’s GIS. Coordinate with staff across departments to assess GIS needs and provide solutions. Coordinate with consultants for system architecture, framework administration, and cloud hosting support. Collaborate with contractors, the public, and external agencies on GIS-related projects, as requested. Assist with maintaining existing GIS integrations with other systems such as asset management/work order, permitting, and other public works databases. Facilitates the integration of all geographically referenced data throughout the City. Develop, implement, and maintain GIS policies, standards, procedures, and metadata documentation. Develop and maintain web maps and interactive mapping applications using ArcGIS Online or similar platforms in collaboration with end users throughout the City. Ensure data accuracy, consistency, and compliance with standards. 62 GIS COORDINATOR Page 2 of 3 Perform periodic QA/QC functions to ensure data accuracy. Stay current on GIS trends, tools, and best practices. Configure, deploy, and utilize field data collection tools. Prepare and conduct GIS related user training, as needed. Provide operational and technical support to end users utilizing GIS data. Evaluate and recommend new technologies or methods to improve efficiency and data accessibility. Coordinate with IT for server and network support related to the City’s GIS environment. Respond to public records or data requests related to mapping and spatial data. KNOWLEDGE/ABILITIES/SKILLS (The following are a representative sample of the knowledge/abilities and skills necessary to perform essential duties of the position.) Knowledge of: Current principles, practices, procedures, techniques, scripting languages, controls, and capabilities of GIS, including spatial data analysis, data management, and map design using state-of-the-art mapping GIS software. Knowledge of principles of and analysis used in engineering, drafting, surveying, cartography, and photogrammetry, as they pertain to automated mapping and GIS. Knowledge of GPS data collection and mobile mapping tools. Techniques of geodetic control, topology, and topological data structures. Use and maintenance of large, enterprise GIS databases. Current practices, procedures, and techniques used for internal and external deployment of GIS data and web maps. Understanding of the capabilities and applications of computer- aided drafting and design (CAD) software, relational databases, computer networks, and APIs. Knowledge of current management and organizational principles and techniques including budgeting principles. Ability to: Skilled in ESRI ArcGIS products, including ArcGIS Pro, ArcMap, ArcGIS Online, and ArcGIS Enterprise. Understanding of the following scripting languages: Python, SQL, Arcade. Proficient in handling and converting data between various formats (shapefiles, KML, GeoJSON, CAD, CSV, raster), and integrating GIS with external systems such as asset management/work order, permitting, and other public works databases. Strong analytical, communication, and project management skills. Ability to identify and anticipate issues and GIS applications of use and importance to the City. Work as a key team member with users and other staff in developing requirements and priorities on all aspects of the enterprise GIS. Develop and maintain effective working relationships with GIS users in other departments and agencies. Analyze problems requiring application of GIS theory, computer modeling or similar analysis. Analyze data, staff reports, and special projects. 63 GIS COORDINATOR Page 3 of 3 Develop and conduct analysis procedures, tests, and tools to validate program design and data accuracy. Identify and interpret technical information. Observe and problem-solve GIS related organizational and operational issues successfully. Ability to work independently and manage multiple tasks with limited supervision. Exercise sound, independent judgment within procedural guidelines. Skill to: Operate desktop computer and standard office software to produce work products. Use specialized computer system application software. Communicate effectively both orally and in writing. Effectively present technical and conceptual ideas to a wide range of audiences. Manage disparate staff and projects throughout the City, effectively translating between staff in specialized disciplines. Provide budget-related data, as requested. QUALIFICATIONS (The following are a representative sample of qualifications necessary to perform the e ssential duties of the position.) Education and Experience: Equivalent to graduation from a four-year college or university with major course work in management of information systems, GIS, computer science, mathematics, geography, urban planning, civil engineering, or a related field. Three to five years of increasingly responsible experience developing and managing enterprise geographic information systems and databases, preferably in a local government setting. Use of mapping/GIS software in a multi-disciplinary environment where applications include engineering, planning, public works, public safety, finance, economics, libraries, environmental science, drafting, surveying or cartography. Experience with geospatial data storage and editing using file and enterprise geodatabases; familiar with data versioning and schema design. License: Possession of, or ability to obtain, an appropriate, valid California driver’s license. SPECIAL REQUIREMENTS Ability to maintain physical condition appropriate to the performance of assigned duties and responsibilities which may include sitting for extended periods of time; bend, kneel and twist while checking equipment; intermittently twist to reach equipment surrounding desk; perform simple grasping and fine manipulation; and operating assigned office equipment write or use a keyboard to perform assigned design and drafting duties; lift and carry weight of up to 50 pounds. Ability to communicate with others and to assimilate and understand information, in a manner consistent with the essential job functions. Ability to make sound decisions in a manner consistent with the essential job functions. 64 INFORMATION TECHNOLOGY MANAGER Page 1 of 4 INFORMATION TECHNOLOGY MANAGER Class specifications are only intended to present a descriptive summary of the range of duties and responsibilities associated with specified positions. Therefore, specifications may not include all duties performed by individuals within a classification. In addition, specifications are intended to outline the minimum qualifications necessary for entry into the class and do not necessarily convey the qualifications of incumbents within the position. DEFINITION Under general direction of the Finance Director, plans, organizes, oversees, coordinates, and reviews the work of staff performing professional, technical, and administrative support related to all programs and activities of the City’s information technology systems; administers short and long - range planning activities; manages the effective use of internal resources and external support to improve organizational productivity and customer service; provides complex and responsible support to the organization in areas of expertise; and performs related duties, as assigned. This is an unrepresented position and is considered at-will. DISTINGUISHING CHARACTERISTICS This is an unrepresented classification responsible for planning, organizing, reviewing, and evaluating the day-to-day operations of the City’s information technology systems. Responsibilities include developing and implementing policies and procedures for assigned programs, budget administration and reporting, and program evaluation. Incumbents serve as a professional-level resource for organizational, managerial, and operational analyses and studies. Performance of the work requires the use of considerable independence, initiative, and discretion within established guidelines SUPERVISION RECEIVED AND EXERCISED Receives general direction from the Finance Director. This position may exercise direct and general supervision over professional, technical, and administrative support staff, as well as consultants and vendors. ESSENTIAL FUNCTIONS (Include, but are not limited to the following) Plans, manages, and oversees the daily functions, operations, and activities of the City’s information technology systems and services, including the installation, maintenance, and upgrade of the local area network, required hardware and software, infrastructure, security, personal computers, geographic information systems (GIS), and communications systems. Participates in the development and implementation of goals, objectives, policies, and priorities for the division; recommends within division policy, appropriate service and staffing levels; recommends and administers policies and procedures. Participates in the development, administration, and oversight of division budgets. Develops and standardizes procedures and methods to improve and continuously monitor the efficiency and effectiveness of assigned programs, service delivery methods, and procedures; 65 INFORMATION TECHNOLOGY MANAGER Page 2 of 4 assesses and monitors workload, administrative, and support systems, and internal reporting relationships; identifies opportunities for improvement and recommends to the Finance Director. Participates in the selection of, trains, motivates, and evaluates contract services and/or assigned personnel; may work with assigned employees to correct deficiencies; recommends discipline to the Finance Director. Manages and participates in the administration and maintenance of the City's information technology infrastructure; evaluates, selects, and recommends City-wide technology purchases; develops long-term information systems strategies to plan for and control network upgrades and growth; evaluates and recommends new technologies; and encourages innovation among technical staff in the utilization and implementation of ideas and techniques. Assists the Finance Director with special projects as assigned; participates in deliberations to address City operational issues as they relate to information technology, and in the development of management recommendations for consideration by the City Manager, and City Council. Ensures the security and integrity of the information services infrastructure; analyzes business operations and possible cyber security threats. Negotiates and administers contracts with private vendors to provide City services. Resolves computer system-related problems as they occur; provides direction and technical supervision to internal staff and external consultants whose work involves network systems- related tasks and work methods. Identifies and proposes network services projects appropriate for contract delivery; negotiates service contracts and computer hardware pricing with vendors; oversees contract preparation and completion of work. Provides staff assistance to the Finance Director; prepares and presents staff reports and other necessary correspondence related to assigned activities and services; presents reports to various commissions, committees, and boards. Conducts a variety of organizational and operational studies and investigations; recommends modifications to assigned programs, policies, and procedures, as appropriate. Implements adopted information technology strategic plans, policies, and standards. Attends and participates in professional group meetings; stays abreast of new trends and innovations in information technology; researches emerging products and enhancements and their applicability to City needs. Monitors changes in regulations and technology that may affect operations; implements policy and procedural changes after approval. Receives, investigates, and responds to difficult and sensitive problems and complaints in a professional manner; identifies and reports findings and takes necessary corrective action. Performs other related duties as assigned. 66 INFORMATION TECHNOLOGY MANAGER Page 3 of 4 KNOWLEDGE/ABILITIES/SKILLS: (The following are a representative sample of the knowledge/abilities and skills necessary to perform essential duties of the position.) Knowledge of Principles and practices of employee supervision, including work planning, assignment review and evaluation, discipline, and the training of staff in work procedures. Principles and practices of leadership. Organization and management practices as applied to the development, analysis, and evaluation of programs, policies, and operational needs of the assigned area of responsibility. Information technology systems, database management, policies, and procedures, including computer networks, personal computers, telecommunications, copiers, and other electronic office automation systems. Hardware and software characteristics of various computer systems and a general understanding of system features and their integration capabilities. Systems design and development processes, including requirements analysis, feasibility studies, software design, programming, beta testing, installation, evaluation, and operational management. Hardware and software security controls and risk management including access control; business continuity and disaster recovery planning; cryptography; legal regulations, investigations, and compliance; some physical (environmental) security; security architecture and design, telecommunications, and network and cyber security. Principles and practices of budget development and administration. Applicable Federal, State, and local laws, regulatory codes, ordinances, and procedures relevant to municipal information technology operations. Principles and practices of contract administration and evaluation. Recent and on-going developments, current literature, and sources of information related to the operations of the assigned division. Record keeping principles and procedures. Techniques for providing a high level of customer service by effectively dealing with the public, vendors, contractors, and City staff. The structure and content of the English language, including the meaning and spelling of words, rules of composition, and grammar. Modern equipment and communication tools used for business functions and program, project, and task coordination. Computers and software programs (e.g., Microsoft software packages) to conduct, compile, and/or generate documentation. Ability to: Select and supervise staff or consultants, provide training and development opportunities, ensure work is performed effectively, and evaluate performance in an objective and positive manner. Provide administrative, management, and professional leadership for the City’s Information Technology systems and programs. Provide administrative and professional leadership and direction for the division and the City. Recommend and implement goals, objectives, and practices for providing effective and efficient services. Organize, manage, implement, and maintain efficient and effective automated systems to ensure the reliability and integrity of the computer infrastructure. Manage and monitor complex projects, on time, and within budget. 67 INFORMATION TECHNOLOGY MANAGER Page 4 of 4 Prepare clear and concise reports, correspondence, policies, procedures, and other written materials. Research, analyze, and evaluate new service delivery methods, procedures, and techniques. Analyze, interpret, summarize, and present technical information and data in an effective manner. Conduct complex research projects, evaluate alternatives, make sound recommendations, and prepare effective technical staff reports. Understand, interpret, and apply all pertinent laws, codes, regulations, policies and procedures, and standards relevant to work performed. Effectively represent the division and the City in meetings with individuals; governmental agencies; community groups; and various business, professional, and regulatory organizations. Learn and understand the organization and operation of the City and of outside agencies as necessary to assume assigned responsibilities. Effectively use computer systems, software applications, and modern business equipment to perform a variety of work tasks. Skill in Communicating clearly and concisely, both orally and in writing, using appropriate English grammar and syntax. Using tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines. Establishing, maintaining, and fostering positive and effective working relationships with those contacted in the course of work. QUALIFICATIONS (The following are a representative sample of the qualifications necessary to perform the essential duties of the position.) Education and Experience: Equivalent to a bachelor’s degree in computer science, information systems management, or a related field and five (5) years of experience in the development and administration of computer systems, telecommunication systems, and local area networks, including two (2) years of lead experience. License: Possession of, or the ability to obtain, a valid Class C California driver’s license upon appointment, or be able to use alternative forms of transportation. SPECIAL REQUIREMENTS Must possess mobility to work in a standard office setting and use standard office equipment, including a computer, and to operate a motor vehicle to visit various City and meeting sites; vision to read printed materials and a computer screen; and hearing and speech to communicate in person and over the telephone. Standing in and walking between work areas is frequently required. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate standard office equipment. Positions in this classification frequently bend, stoop, kneel, and reach to perform assigned duties, as well as push and pull drawers open and closed to retrieve and file information. Employees must possess the ability to lift, carry, push, and pull materials and objects up to 25 pounds with the use of proper equipment. Employees work in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures. 68 1 STAFF REPORT AGENDA NO: 9g MEETING DATE: July 7, 2025 To: Honorable Mayor and City Council Date: July 7, 2025 From: Margaret Glomstad, Parks and Recreation Director – (650) 558-7307 Richard Holtz, Parks Superintendent/City Arborist (650) 558-7333 Carlie Burow, Parks Supervisor (650) 558-7335 Subject: Adoption of a Resolution Approving the Updated Themed Block Tree Species List RECOMMENDATION Staff recommends that the City Council adopt the resolution to update the Themed Block Tree Species List. BACKGROUND During public discussion of the updated Tree Ordinance (Burlingame Municipal Code Chapter 11.06 et seq.) in 2024, staff received public comments regarding the conflict between street trees and overhead electrical utilities, particularly conflicts on streets designated as Themed Blocks. A street tree-themed block is a block in which one defined street tree species is established and maintained indefinitely. Once a themed block is established and a tree is removed for any reason, the tree is replaced with a tree of the established theme species. Trees are removed for safety or construction purposes only; they are not removed because they do not comply with a designated Themed Block. Most utility conflicts with Themed Block designated species occur with Red Maples (Acer rubrum), Red Oaks (Quercus rubra), and London Planetrees (Platanus acerifolia) growing to heights that present safety issues with overhead primary electrical conductors. The result is a topped tree that cannot grow to its intended form and requires frequent inspections and utility pruning by utility contractors, followed by corrective pruning by City staff. Staff reviewed the Themed Block tree species and determined that improvements to the policy could be made to reduce tree and overhead utility conflicts by designating alternative species that resemble existing features of the current designated Themed Block species prone to utility conflicts. These species are generally shorter in stature and should not exceed a height of 25’. The replacement options are described below. 69 Themed Block Tree Species List Update July 7, 2025 2 Red Maple Replacement The current Red Maple is a fast-growing, upright tree. The tree has a smooth, grey-colored bark. Leaves are green in the spring and summer and turn red with the fall leaf drop. This species has a moderate need for water and can have aggressive rooting. The Red Maple typically grows to heights of 40-60 feet. The alternative tree is the Shangtung Maple (Acer Truncatum) (Exhibit B). This specimen grows to a height of 25’ and has been recommended by some nurseries as a street tree under electrical utility wires. This tree also has green leaves in the spring and summer, though these leaves appear glossy compared to the dull green of the Red Maple. The Shangtung Maple also has bright red leaves in the fall and is pest- and disease-resistant. This species is available from one of the local wholesale tree suppliers. Red Oak Replacement The current Red Oak grows at a moderate pace. This specimen tends to grow in broad form, eventually reaching heights that present overhead utility conflicts. This species is deciduous, with green leaves in the spring and summer that turn brown in the fall. The alternative is the smaller oak species, the Gambel Oak (Quercus Gambelli) (Exhibit C). The Gambel Oak is native to the Southwest. It often appears shrubby in its natural form. This species will require significant training and pruning by staff to establish itself as a street tree in the urban environment. The Gambel Oak is susceptible to fungal diseases such as anthracnose and powdery mildew, similar to Red Oaks. The Gambel Oak produces green leaves in the spring and summer that turn brown in the fall. This species can be sourced through a local wholesale nursery. London Planetree Replacement The current London Planetree is a fast-growing, upright tree that can reach heights of 80’. The City currently plants the ‘Columbia’ variety because it has the greatest disease resistance to common fungal diseases, such as anthracnose and powdery mildew. These trees have strong vertical growth, often presenting utility conflicts within five years. The alternative is the Ap hlen’s Globe Planetree (Platanus Acerifolia ‘Alphen’s Globe’), a dwarf variety of Planetree (Exhibit D). This is a newly developed European variety that mimics the same look as the current Planetrees but is grafted to a dwarfing rootstock to limit the tree's growth. Staff has been unable to source this species in the United States. Another variety researched was the Platanus Acerifolia ‘Mirkovec’. This is another European variety with similar attributes. It, too, cannot be sourced in the United States at this time. Since there is no suitable smaller-stature Planetree available, staff recommends using one of the alternative maple species listed above. DISCUSSION At the February 6, 2025, Beautification Commission meeting, staff presented information about Themed Blocks in general and raised the issue about utility conflicts. The Commissioners directed staff to research and provide the Commission with potential opportunities to limit utility conflicts with trees (Exhibit E). At the March 6, 2025, Beautification Commission meeting, staff requested the Commission either: 70 Themed Block Tree Species List Update July 7, 2025 3 Modify Themed Block plantings that create utility conflicts by designating new Themed Species for locations in conflict. Modify Themed Block plantings that create utility conflicts by allowing property owners to select from the City’s tree list for primary utilities for locations in conflict. Leave the current Themed Block designation as is. After listening to public comments and discussion, the Commission directed staff to research specific alternatives that best resemble the intended look of current Themed Block Species in conflict with utilities (Exhibit F). On May 1, 2025, the Beautification Commission again discussed the Themed Block utility conflicts. The Commission received public comments and discussed potential revisions related to the Themed Block Tree Species list. The Commission approved modifying the Themed Block designation where suitable alternatives could be selected to retain the intended look of the original Themed Block designation while reducing the likelihood of utility conflicts, as listed below. Modify Themed Block designation for Red Maples to allow for the Shangtung Maple (Acer Truncatum) to be planted in locations with overhead primary electrical conductors. Modify the Themed Block designation for Red Oaks to allow for the Gambel Oak (Quercus Gambelli) to be planted in locations with overhead primary electrical conductors. The Commission opted to leave the London Planetree Themed Block designation unchanged as a viable alternative that resembles the current look of the Themed Block species cannot be sourced (Exhibit G). As part of the City’s efforts to increase public outreach and in compliance with the updated Tree Ordinance, staff reached out in several ways to inform residents of public meetings regarding Themed Blocks discussions. This included e-News articles, content on the City’s social media platforms, and over 3,700 direct mailings to residents and property owners in the Themed Block areas. In total, three mailings occurred at a cost of over $1,700 per mailing. FISCAL IMPACT The fiscal impact is unknown at this time. However, staff believes that the costs will likely be lower in the long term due to less maintenance work. Exhibits: Resolution Shangtung Maple Data Sheet Gambel Oak Data Sheet Alphen’s Globe Planetree Data Sheet February 6, 2025, Beautification Commission Meeting Staff Report and Minutes March 6, 2025, Beautification Commission Meeting Staff Report and Minutes May 1, 2025, Beautification Commission Meeting Staff Report and Draft Minutes 71 RESOLUTION NO.________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME UPDATING THE CITY’S THEMED BLOCK TREE SPECIES LIST WHEREAS, in 2008, the City established its Themed Block policy; and WHEREAS, the City has held four public meetings and conducted significant outreach regarding updates to the Themed Block list; and WHEREAS, on May 1, 2025, the Beautification Commission voted to recommend that the City Council update the Themed Block list; and WHEREAS, the updated Themed Block list is a more sustainable approach to managing the urban forest by reducing utility conflicts. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME RESOLVES AND ORDERS AS FOLLOWS: 1. The facts in the recitals above and in the staff report are true and correct. 2. The City shall update the Themed Block list as noted below. a. The Red Maple will be replaced by the Shangtung Maple (Acer Truncatum). b. The Red Oak will be replaced by the Gambel Oak (Quercus Gambelli). __________________________ Peter Stevenson, Mayor I, Meaghan Hassel-Shearer, City Clerk of the City of Burlingame, certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the 7th day of July, 2025, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: __________________________ Meaghan Hassel-Shearer, City Clerk 72 Scientific Name Acer truncatum Common Name Shantung Maple Common Name: shantung maple Type: Tree Family: Sapindaceae Zone: 4 to 8 Height: 20.00 to 25.00 feet Spread: 15.00 to 20.00 feet Bloom Time: April Bloom Description: Greenish yellow Sun: Full sun to part shade Water: Medium Maintenance: Low Flower: Insignificant Leaf: Good Fall Tolerate: Drought EXHIBIT C 73 © Copyright by Mountain States Wholesale Nursery 2005 Visit our website at www.mswn.com for more information. Quercus gambelii Gambel Oak Gambel oak is native over a wide range in the southwestern U.S. and Mexico, from 4000' to 8000' in elevation. Usually found in dense thickets, its size varies from 5 foot shrubs to 50 foot trees, depending upon available moisture and deer browsing. With adequate moisture, Gambel oak can grow 2 feet per year. It performs best in areas where temperatures cool off at night, such as Albuquerque, NM Las Vegas, NV and colder locations. Infrequent, deep irrigations are best, since root rot can occur in heavy water-logged soils. In very sandy, well-drained soils more frequent irrigations will be needed. It has deeply-lobed, deciduous leaves and rough, grey bark. AT A GLANCE SUMMARY SIZE (H X W) 15-30 feet x 15-30 feet FLOWER COLOR Green FLOWER SEASON Spring EXPOSURE Full sun WATER Low GROWTH RATE Slow HARDINESS -30º F, USDA Zone 4 PRUNING To shape EXHIBIT D 74 All the knowledge. Almost all of the trees. https://www.vdberk.com/trees/platanus-hispanica-alphen-s-globe/ Platanus ×hispanica 'Alphen's Globe' Height 4-5 m Width 3-6m Crown round/spherical, half-open crown Bark and branches flaking, greygreen Leaf green Flowers yellowgreen, flowers in May Fruits brown Spines/thorns None Toxicity usually not toxic to people, (large) pets and livestock Soil type clayed soil, loamy soil, sandy soil, peaty soil Paving tolerates paving Winter hardiness zone 6a (-23,3 to -20,6 °C) Wind resistance good Other resistances resistant to frost (WH 1 - 6), can withstand wind, resistant to de-icing salt Application narrow streets, tree containers, roof gardens, small gardens, patio gardens Shape clearstem tree, multi-stem treem This fairly recent Dutch selection is distinguished from the species by the smaller size of the crown. It is usually grafted on a stam causing it to assume the shape of a large sphere. It shows strong growth and its eventual height very much depends on the height of the graft. The broad leaf has 3 - 5 sharply serrated lobes and is slightly hairy on the underside. In the autumn the leaves turn colour to a brownish yellow. Is very resistant to hard surfaces. It also supports pruning well, even in old wood. It is important to use a tree stake for support at the sapling stage. Stands up well to wind. For narrow streets, small gardens and squares. Winter Winter hardiness zone: 6a © Copyright Boomkwekerij Gebr. Van den Berk B.V. 2025 EXHIBIT E 75 Platanus orientalis Platanus orientalis 'Mirkovec''Mirkovec' TYPES OF PLANTING Tree types: standard trees USE Location: street, avenue, square, park, central reservation, large garden, small garden, cemetery | Pavement: none, open, sealed CHARACTERISTICS Crown shape: rounded | Crown structure: dense | Height: 6 - 10 m | Width: 4 - 8 m | Winter hardiness zone: 6B - 9B ASPECTS Wind: tolerant to wind | Soil: loess, sabulous clay, peaty, heavy clay, light clay, sand, loamy soil, all soils | Nutrient level: moderately rich in nutrients, rich in nutrients | Soil moisture level: moist | Light requirements: sun, partial shade | pH range: acidic, neutral, alkaline | Extreme environments: tolerant to salt spray PLANTKENMERKEN Flowers: heads, discrete, pendulous | Flower colour: yellow-green | Flowering period: May - May | Leaf colour: green, buds bright green | Leaves: deciduous, palmate, dissected, dentate, lobate | Autumn colour: bronze-red | Fruits: striking, capsule | Fruit colour: brown | Bark colour: brown, green, grey | Bark: peeling | Twig colour: cinnamon-brown | Twigs: bare Powered by TCPDF (www.tcpdf.org) EXHIBIT E 76 STAFF REPORT To: Beautification Commission Date: February 6, 2025 From: Richard Holtz, Parks Superintendent/City Arborist (650) 558-7333 Carlie Burow, Parks Supervisor (650) 558-7335 Subject: Themed Block Discussion RECOMMENDATION Staff recommends the Beautification Commission review the staff report, ask questions, and direct staff to return to the March 6, 2025 Beautification Commission with information that could help the Commission decide if any changes should be made to areas with Themed Block designation. BACKGROUND A street tree themed block is defined as a block in which one defined species of street tree is established and maintained indefinitely. Once a themed block is established and a tree is removed for any reason, the tree would be replaced with a tree of the established theme species. The idea for establishing themed blocks was first introduced to the Council by two interested citizens who wanted to help maintain the historic and aesthetic look and feel of several blocks with a dominant tree species. The idea was referred to the Beautification Commission for consideration. In April 2008, the Beautification Commission heard the proposal, which included discussion on several topics, including the following: width of available planting areas, altering current planting lists, changing how street trees are selected by district/block/neighborhood, (re)introducing the concept of a dominant species, updating the tree inventory, and potential elimination of tree categories from planting plans (ornamentals and evergreens). In May 2008, then Parks and Recreation Director Schwartz facilitated a discussion between the Commission and community members. As a result of that discussion, the Commission made the following recommendations to the City Council: • Retain existing 'themed' streets in the City of Burlingame by replacing them with existing species if the dominant species on the street is of tall form. This is regardless of disruptions to sidewalks. • Do not create 'themed' streets where they currently do not exist and allow the property owners to choose from the appropriate tree list. 77 • Staff should revise the official street tree lists to contain trees that only have the tallest, most significant canopies. • In addition, retain 'ornamentals' and 'evergreen' tree species with the tallest, most significant canopies on the official tree lists. • Include some larger species from the 6' planter strip list to the 4-6' planter strip list where possible, or change the dimensions of planting strip requirements. • Create larger planting spaces throughout the City where possible. • Only remove and replace trees when an existing tree must be removed. • Tree replacements should be planted as soon as possible. As a result of the Beautification Commission action and Council consensus, staff prepared a Draft Themed Block List and Policy of Establishing a Themed Block that was presented and approved at the August 7, 2008, Beautification Commission meeting. From that Beautification Commission meeting in 2008, 98 blocks were designated as themed blocks. Since then, the City of Burlingame and the residents have added 24 additional themed blocks making the current total of 122. (Exhibit A) Policy for Establishing Themed Blocks Upon adoption of the List of Themed Blocks, the Commission considered a policy to address the future establishment of themed blocks. Over time, the public may desire to request the Commission add themed blocks to the list. Staff presented the draft policy for review at the Beautification Commission meeting on August 7, 2008. A public hearing was conducted at the meeting on September 4, 2008, to consider this policy. After public input, the Commission adopted the following policy proposal: • The Beautification Commission will recommend "Themed Blocks" to the City Council. • To petition the Beautification Commission for a new themed block, a property owner on a block shall gather signatures of at least 2/3 of the property owners. • Forms for the "Petition" will be provided by the Parks and Recreation Department Office. • Petitions shall be forwarded to the Beautification Commission for recommendation to the Council to establish a new "themed" block. • If approved, staff will determine the species theme in collaboration with the property owners. • Selected "themed" species will replace existing trees only when the removal of an existing tree is deemed necessary according to City policy. The ability to remove a block from Themed Block designation was added at a later date. Presently, if a block would like to remove the Themed Block designation, 75% of property owners must agree and sign the petition form to remove the entire block for the matter to be considered. (Exhibit B) DISCUSSION Themed Blocks add a benefit to our community that includes honoring the intended look of a developed area. Themed blocks can create an aesthetic look and feel with a memorable 78 uniformity (Exhibit C). Continuing the existing Themed Block designations generally, continues the intended look original designers had during the development of our community. Ensuring a consistent mature canopy can provide a multitude of benefits including greater property value. However, Themed Blocks can also have challenges. This includes the creation of a mono-culture with little biodiversity. Pests or diseases have been known to wipe-out entire neighborhoods of trees due to lack of species diversification. This has occurred in the past with Dutch Elm Disease and presently with the Emerald Ash Borer. Additionally, requiring a large canopy tree due to themed block designation in a location that has confined growing space can create a perennial conflict. These trees are unable to reach their intended size and require significant and frequent maintenance resources from the City and utility providers to reduce risk. During the public discussion surrounding the update of our tree ordinance, some concerns were expressed in relation to Themed Blocks. These concerns include utility conflict, frustration with lack of choice and lack of biodiversity. As we have updated our municipal code to reflect arboriculture, staff have been asked to evaluate if practices we have engaged in also subscribe to modern day arboriculture practices. The Arbor Day Foundation espouses a principle of “The Right Tree in The Right Place” (Exhibit D). This follows the basic principle that a tree is planted so that it is sustainable and will not require significant input after planting. This reduces conflict that could reduce the life or quality of the tree grown absent significant input. The Beautification Commission is the most appropriate conduit to consider if any changes to our current practices with Themed Blocks should be modified. FISCAL IMPACT None. EXHIBITS A. Current Themed Block List B. Themed Block Policy Form C. Photos of Themed Blocks D. Arborday Brochure 79 Planter Min Street Theme Width Width Recommendation 1600 Adeline Sycamore 36/36 48 Themed Block 1700 Adeline Sycamore 36/P36 48 Themed Block 1800 Adeline Sycamore 36/P36 48 Themed Block 1900 Adeline Sycamore 36/P36 48 Themed Block 2000 Adeline Sycamore 36/36 48 Themed Block 500 Almer Liquidambar 62/62 Replace w/ Red Maple 800 Alpine Sycamore 36/36 48 Themed Block 1000 Balboa Liquidambar 36/36 Replace w/Trident Maple 1400 Balboa Catalpa 36/36 36 Themed Block 1600 Balboa Liquidambar 36/36 Replace w/Trident Maple 100 Bayswater Gingko 72/P72 36 Themed Block 200 Bayswater Gingko 72/P72 36 Themed Block 300 Bayswater Gingko 72/P72 36 Themed Block 400 Bayswater Gingko 72/P72 36 Themed Block 500 Bayswater Gingko 72/P72 36 Themed Block 600 Bayswater Gingko 72/P72 36 Themed Block 700 Bayswater Gingko 72/P72 36 Themed Block 800 Bayswater Gingko 84/P84 36 Themed Block 900 Bayswater Gingko 69/P69 36 Themed Block 1000 Bayswater Gingko 36 Themed Block 1100 Bayswater Gingko 80/P80 36 Themed Block 1200 Bayswater Gingko 80/P80 36 Themed Block 1300 Bayswater Gingko 84/P84 36 Themed Block 1200 Bellevue Liquidambar 60/60 Replace w/ Red Maple 1300 Bernal Sycamore 48/48 48 Themed Block 1400 Bernal Sycamore 48/48 48 Themed Block 300 Bloomfield Sycamore 72/P72 48 Themed Block 400 Bloomfield Sycamore 72/P72 48 Themed Block 300 Burlingame Ave Camphor 120/120 Replace w/ Red Maple 400 Burlingame Ave Camphor 120/144 Replace w/ Red Maple 500 Burlingame Ave Camphor 144/P120 Replace w/ Red Maple 800 Burlingame Ave Camphor 120/P144 Replace w/ Red Maple 850 - 1000 Burlingame Ave Euc. Viminalis = (3 blks.) 120/144 Themed Blocks 1500 Burlingame Ave. Sycamore 48/P48 48 Themed Block 1200 Cabrillo Liquidambar 36/36 Replace w/ Trident Maple 400 - 1100 California Dr. P.Calleryana `Chanticleer' = (9 blks.) 48/P72 36 Replace with ‘European Hornbeam’ 1100 Cambridge Elm 72/72 50 Themed Block 300 Channing Sycamore 72/P72 48 Themed Block 200 Chapin Sycamore 32/32 48 Themed Block 300 Chapin Sycamore 32/32 48 Themed Block City of Burlingame Parks & Recreation Department 850 Burlingame Ave., Burlingame, CA 94010 phone: (650) 558-7330 • parksadmin@burlingame.org City Street Trees – Themed Blocks (Revised 10.2022) EXHIBIT A 80 1600 Chapin Sycamore 32/32 48 Themed Block 400 Chatham Sycamore 72/72 48 Themed Block 300 Clarendon Red Oak 48/48 50 Themed Block 1500 Columbus Red Oak 48/48 50 Themed Block 300 Concord Liquidambar 72/72 Replace w/ Red Maple 600 Concord Sycamore 72/72 48 Themed Block 700 Concord Sycamore 72/72 48 Themed Block 500 Corbitt Sycamore 96/P96 48 Themed Block 1100 Cortez Sycamore 36/36 48 Themed Block 1200 Cortez Sycamore 36/36 48 Themed Block 800 Crossway Liquidambar 48/48 Replace w/ Red Maple 400 Cumberland Sycamore 72/72 48 Themed Block 1400 Desoto Sycamore 50/50 48 Themed Block 1100 Douglas Sycamore 53/P48 48 Themed Block 1100 Drake Sycamore 36/36 48 Themed Block 300 Dwight Red Oak 48/P48 50 Themed Block 1500-2000 Easton Euc. Globulus = (6 blks.) 19'/P48 Themed Blocks 800 Edgehill Liquidambar 68/68 Replace w/ Red Maple 1300 Edgehill Liquidambar 68/P72 Replace w/ Red Maple 1400 Floribunda Liquidambar 57/P72 Replace w/ Red Maple 1500 Floribunda Liquidambar 59/P60 Replace w/ Red Maple 500 Francisco Sycamore 96/P96 48 Themed Block 2100 Hillside Sycamore 144/144 48 Themed Block 2200 Hillside Sycamore 144/144 48 Themed Block 2300 Hillside Sycamore 144/144 48 Themed Block 2400 Hillside Sycamore 144/144 48 Themed Block 1200 Laguna Sycamore 84/P84 48 Themed Block 1300 Laguna Liquidambar 84/P84 Replace w/ Red Maple 1400 Laguna Liquidambar 84/P84 Replace w/ Red Maple 300 Lexington Sycamore 72/72 48 Themed Block 500 Lexington Sycamore 72/72 48 Themed Block 600 Lexington Sycamore 72/72 48 Themed Block 800 Maple Linden 36/36 Replace w/ Trident Maple 400 Marin Sycamore 72/72 48 Themed Block 500 Marin Sycamore 84/84 48 Themed Block 1600 McDonald Way Liriodendron 65/65 Replace w/ Red Maple 1100 Mills Sycamore 60/P60 48 Themed Block 1200 Mills Sycamore 60/P60 48 Themed Block 1300 Mills Sycamore 60/P60 48 Themed Block 1400 Mills Sycamore 60/P60 48 Themed Block 1400 Oak Grove Red Oak 36/P36 50 Themed Block 100 Occidental Sycamore 56/P48 48 Themed Block 200 Occidental Sycamore 56/56 48 Themed Block 300 Occidental Sycamore 56/P48 48 Themed Block 400 Occidental Sycamore 56/P48 48 Themed Block 1100 Oxford Elm 48/48 48 Themed Block 1100 Palm Sycamore 72/P72 48 Themed Block 1200 Palm Sycamore P72/P72 48 Themed Block 1300 Palm Sycamore 72/P72 48 Themed Block 1400 Palm Sycamore 84/P72 48 Themed Block 700 Plymouth Sycamore 72/72 48 Themed Block 1100 Sanchez Sycamore 48/P48 48 Themed Block 81 1200 Sanchez Sycamore 48/P48 48 Themed Block 1300 Sanchez Sycamore 48/P48 48 Themed Block 1400 Sanchez Sycamore 48/P48 48 Themed Block 1600 Sherman Sycamore 36/P36 48 Themed Block 1700 Sherman Sycamore P36/P36 48 Themed Block 10 Stanley Liriodendron 36/P36 Replace w/ Trident Maple 100 Stanley Liriodendron 36/P36 Replace w/ Trident Maple 200 Stanley Liriodendron 36/P36 Replace w/ Trident Maple 2100 Trousdale Modesto Ash 54 48 Replace w/ Raywood Ash 1100 Vancouver Catalpa 36/P36 Themed Block 500 Vernon Sycamore 48/48 48 Themed Block 600 Vernon Liquidambar 48/48 Replace w/ Red Maple 700 Vernon Sycamore 72/72 48 Themed Block 700 Winchester Dr. Sycamore 96/P96 48 Themed Block 800 Winchester Dr. Sycamore 96/P96 48 Themed Block 82 City of Burlingame Petition to Apply for Establishment, Modify or Remove a Street Tree Themed Block (Only this form can be used to gather signatures) Definition of a Street Tree Themed Block: A street tree themed block is defined as a block in which one defined species of street tree is established and maintained indefinitely. Once a themed block is established and a tree is removed for any reason, the tree would be replaced with a tree of the established theme species. The Beautification Commission and City Council use the following criteria when considering establishment of a themed block: the percent of predominant tree species, health and disease tolerance of the species, amount of tree diversity, mix of species, age, aesthetic look on the block, current tree canopy, future canopy potential, width of the street, and the width of planter strips. Policy to Establish, Modify or Remove a Themed Block The Beautification Commission will recommend “Themed Blocks” to the City Council. To petition the Beautification Commission for a new themed block a property owner on a block shall gather signatures of at least 2/3 of the property owners on the block. To petition the Beautification Commission to modify a specific themed block tree species or Remove a specific block from the Themed Block List, a property owner on a block shall gather signatures of at least 75% of the property owners on the block. Forms for the “Petition” will be provided by the Parks and Recreation Department office. Petitions shall be forwarded to the Beautification Commission for recommendation to the Council to establish, modify or remove a themed block. A public hearing will be set by the Beautification Commission and notification will be sent by staff to all property owners o n the block. If approved by the Beautification Commission and/or the City Council, staff will determine the species theme in collaboration with the property owners. Selected “themed” species will replace existing trees only when removal of an existing tree is deemed necessa ry according to City policy. Street and Block Requested for Consideration: ________________________________________________________ Mark One: Establish _______________Modify _______________Remove a Themed Bock_____________________ Street Tree Species Desired: _______________________________________________________________________ Street Tree Themed Block Signature Form Property Owner Statement: I am the property owner at the address listed below and I support the Beautification Commission and City Council in ____establishing this block as a Street Tree Themed Block, ____modifying this themed block Street Tree or ____removing this themed block Street Tree within the City of Burlingame. Revised 1/2016 Date Property Address Property Owner Name(s) (Printed) Property Owner Signature EXHIBIT B 83 Date Property Address Property Owner Name(s) (Printed) Property Owner Signature 84 EXHIBIT C 85 86 87 88 No. Editor: Dr. James R. Fazio • $3.00 4 The Right Tree for the Right Place WRONG (above) Planting large trees under utility lines often means disfigured trees. Large evergreens close to the house on the south block warming winter sunlight. RIGHT (right) Short flowering trees don’t clash with overhead utility lines. Large deciduous trees on the southeast, southwest, and west provide cooling shade in summer and don’t obstruct the low winter sun. An evergreen windbreak on the north blocks cold winter winds. A ny Friend of Tree City USA can list the many benefits of trees — shade, beauty, windbreak, privacy, cleaner air, less noise, less glare, and higher property values to name a few. But the key to these benefits is to select the right tree and plant it in the right place. The right tree in the right place not only ensures a lifetime of satisfaction, it also keeps maintenance costs low. “What is right?” may sound like an exam question from a class in moral philosophy, but in the green world, it is not quite as complex. A tree’s requirements to thrive, its form or shape, its size at maturity, and its role or function in your landscape help determine the best tree to plant. Beyond that, the question enters the grey area of personal taste where what is “right” is largely a matter of opinion. EXHIBIT D 89 Environmental Factors to Consider In selecting a tree, your first consideration must be what the tree needs. In other words, what environmental factors limit the ability of a particular species to live a healthy life? One indication is to look at the native species in your area. These trees have developed on their own through thousands of years of self-selection to survive where you now live. However, native species alone are usually not the answer. Some non-native species and horticulturally developed cultivars may also do well on your site and offer attributes such as beauty, size, pest resistance, or diversity that natives may not provide. MINIMUM TEMPERATURE The familiar hardiness map has zoned the country based on average annual minimum temperature. The lowest temperature of the zone limits the range of many trees. Low temperatures, especially if they come suddenly, can freeze and kill the living cells in trees. Select a species suitable to the zone where you live. CAUTION: Elevation and exposure differences (the direction of the slope) within each zone also have an effect. North slopes, windy sites, and higher elevations can make a site equivalent to one or two hardiness zones lower. To find your hardiness zone, visit arborday.org/zones. MOISTURE Each species tolerates wet or dry growing conditions to a different degree. Special attention must be given to your selection if the site periodically is flooded, subjected to very dry conditions, or continually exposed to the drying effect of wind. Watering, of course, can modify a dry site, but even when you irrigate, it is important to know the optimal soil moisture requirement for your species. Tip: Since evergreens give off water (transpiration) from their needles all winter, it is important that they are well-watered in the fall before the ground freezes. Also, do not overwater trees. They will drown or develop root rot if the soil is kept too wet. With heavy, clay-type soils, check soil moisture often and water accordingly during dry summer weather. This may be every seven to 10 days or more often if necessary. Sandy soils need water more frequently than clay soils, but watering every other day is probably too much. LIGHT Shade tolerance is the term foresters use to rate the light requirements of each species. Some species, like white birch and most pines, require full sunlight. They are shade intolerant. Tolerant species, like most maples, hemlocks, and yews, grow well in shade. Others, like white oak, are somewhere in between and are referred to as having intermediate tolerance. Don’t make the mistake of planting your tree where it is mismatched with its need for light. arborday.org HARDINESS ZONE MAP 2 • TREE CITY USA BULLETIN No. 4 • Arbor Day Foundation 90 PESTS Every locality has its problems with particular insects or diseases. The best way to avoid trouble is to avoid the species that host these pests. In some cases, it is possible to buy cultivars that have been bred for resistance to a disease. For example, where white pine blister rust is a problem, it is best to buy white pine that is certified to be resistant to it. Some species, such as ginkgo, are known for their natural resistance to most pests. Others, such as American elm or ashes, are just the opposite. In most cases, planting a species on a site unlike its natural environment is asking for trouble. For example, birch trees grow naturally in moist environments, including river and lake edges. Planting them in an arid site subjects them to stress and makes them more vulnerable to boring insects. SOIL Soil factors are probably the most overlooked when selecting a tree. Soil depth, structure, moisture, and pH can make the difference between success or failure after planting. For example, deep-rooted species will need adequate soil depth for their structural roots, whereas shallow-rooted species may do well on sites where soils thinly cover bedrock or a hard layer of clay. Species that need light or sandy soil should not be planted in rocky or clay-type soils. Also, each tree species has a tolerance range related to acidity and alkalinity, just as it does for shade. This requirement should be matched with the soil where you plan to plant. To learn about the soils in your area, obtain a soil survey map at the county office of the USDA Natural Resources Conservation Service. Unfortunately, soils are often disturbed in urban areas. Trees that would typically do well in native soil may struggle due to poor soil structure from soil being disturbed or mixed during construction or other building activities. Compaction of any soil due to heavy pedestrian or vehicle use often reduces a tree’s growth, size potential, and overall health. AIR POLLUTION Unfortunately, the ability of a species to tolerate air pollution is becoming more important. Chemicals in the air vary with localities, and in some cases, the accumulative effects of pollution are just beginning to show up. The best course of action is to ask a local professional if there are problems in your town and, if so, what species are affected. Similarly, salt spray from either the ocean or street de-icing can be a problem locally, and some species are more sensitive to it than others. Where these are problems, ask a certified arborist, nursery professional, urban forester, or extension agent about which trees to avoid. TIP: Local nurseries generally do not carry trees that are incompatible with the local climate. However, for site factors other than climate, it is pretty much a matter of “buyer beware.” Get the answers before you buy, and look around your neighborhood to see what may be growing well. TREE CITY USA BULLETIN No. 4 • Arbor Day Foundation • 3 91 4 • TREE CITY USA BULLETIN No. 4 • Arbor Day Foundation Tree Factors to Consider NOON 9 a.m. JULY 3 p.m. 20-foot tree N NOON 9 a.m. SEPTEMBER 3 p.m. 20-foot tree 0 5 10 15 20 25 Feet 1THE TREE’S PURPOSE A tree’s function is the purpose you want it to serve for you. Some of the most common are listed here to help ensure you get the right tree for the right place. SHADE This is why many people plant trees. Trees provide a greater cooling effect than man-made structures because not only are the rays of the sun blocked, water is also added to the air through transpiration. Observation is the best way to determine where to plant to maximize shade. In the drawing, notice the difference between July and early autumn. Plant for where you want the shadow during the hottest time of the year — and the time of day you desire the shade. High, wide-crowned trees with deciduous leaves are the best providers of shade. AESTHETICS To create an accent, select a tree that will contrast with the predominant landscape character. For example, to give the lot an appearance of greater depth, plant on a diagonal line outward from the front corners of the house. This is called framing. Trees planted behind the house and to the side will provide background. Trees can also add visual appeal to a patio, pool, or play area. They can also be used to separate spaces and provide space enclosure. ACCENTS: A tree with color or some other showy feature can be used as an accent point in your landscaping picture. Don’t overdo accents. One accent plant in a given setting or view area is usually enough. For a visual accent, select a tree that contrasts with the characteristic landscape in one or more of the design elements — form, size, color, or texture. The more contrasts, the stronger the accent will be. If you wish to have a strong point of emphasis, select a specimen tree with two, three, or even all four of these characteristics: O FORM OR SHAPE: A tree’s form should contrast with the predominate landscape character in a setting. For example, horizontal lines may dominate in a rural midwestern landscape. Accent forms will be those that contrast with that character, such as pyramidal, columnar, or upright oval tree shapes. Weeping forms will also accent since they are uncommon to this characteristic landscape. O SIZE: A tree that stands out because of its large size will tend to accent. O COLOR: Planting trees for their spring flower color, fall foliage color, or interesting winter bark is quite popular. While such color is often temporary, it is an important consideration. Summer foliage color, while not as intense, can lend an accent element of longer duration. O TEXTURE: Foliage texture can be classified as fine, medium, or coarse. If a tree’s texture is used as an accent element, it should be an abrupt change from textures that predominate in the characteristic landscape. Bark texture or picturesque branching structure can also complement an accent plant. WINDBREAKS AND SCREENS Low-branching conifers that hold their foliage are most effective for screening unsightly areas and providing privacy. Noise is best reduced by tall, densely planted trees with fleshy, broad leaves. If combined with conifers, some noise reduction can be extended throughout the year. Dust can also be filtered by such a combination. Windbreaks can be made most effective through a dense, step-like arrangement of both conifers and deciduous trees. However, for protection on south and east sides of a house, deciduous species work best because they allow incoming solar radiation in winter. BOUNDARIES Trees can help to visually delineate your property. Small, narrow-crowned species will do the job while not invading your neighbor’s space. Plant far enough on your property to avoid the trunk touching the actual property line when mature. 92 TREE CITY USA BULLETIN No. 4 • Arbor Day Foundation • 5 2 SIZE AND LOCATION Available space is probably the consideration most often overlooked or misunderstood when deciding what tree to plant. Even for professionals, it is often difficult to envision the planting site five, 10, or 20 years in the future. Yet this is essential. Before planting, know what the tree will look like as it nears maturity. Consider its height, crown spread, and root space. Some of the problems below can be dealt with by subsequent pruning. However, it is far easier, less expensive, and better for tree health to select and plant your tree to meet a desired objective while at the same time preventing it from: • Lifting walks. • Entering or moving drainage pipes or other utilities. • Tangling with wires or eaves. • Shading gardens. • Ruining the shape of nearby trees. • Blocking windows or scenic views. • Interfering with outdoor lighting. • Covering chimneys. • Blocking solar collectors. • Encroaching on your neighbor. Spacing Guide Spacing plant massings Minimum spacing from wall (one-story building) Minimum spacing from corner (one- story building) Small tree (<30’) 6’-15’ 8’-10’ 6’-8’ Medium tree (30’-70’) 30’-40’ 15’ 12’ Large tree (>70’) 40’-50’ 20’ 15’ Shrubs Dogwood, Sassafras, Pin Oak, White Oak, Ponderosa Pine, Flowering Plums, Post Oak, Arborvitae, Linden, Redwood, Hawthorn, Quaking Aspen, Hemlock, Red Oak, Planetree Sumac, Eastern Redcedar, Blue Spruce Tuliptree, Hornbeam, Flowering Pear Walnut, Redbud Many Pines (These examples are typical mature heights in city conditions. Check booklets published by local forestry professionals or books such as Manual of Woody Landscape Plants for the expected mature height and crown spread of trees you are considering.) *Individual specimens may grow larger in natural settings. 3 CROWN FORM OR SHAPE ROUND White Oak OVAL Sugar Maple V-SHAPED Elm PYRAMIDAL Spruce COLUMNAR Poplar The character of tree crowns and thus the form or shape of trees varies among species as much as leaf shapes or bark patterns. Shape is another clue to how well a tree will fit the space you have avail- able, what problems might occur, and how well it will help meet the goals you have for your property. Columnar cultivars help adapt street trees to fit narrow spaces or avoid signs. 100 80 60 40 20 Average Mature Height* (Feet)BEFORE PLANTING, know what the tree will look like as it nears maturity. 93 Under some urban conditions there is no alternative to planting trees in planters or containers. Because of the severe conditions of restricted space for roots and exposure to freezing, it is essential to use a container that is as broad and deep as space allows. Roots freeze more easily in narrow containers; the recommended minimum is 5 feet on the sides and 2 feet deep. When considering using planters, recognize that regular, conscientious maintenance will be needed and that the tree’s longevity will be relatively short, requiring replacement. Other tips: • In dry weather during the growing season, water at a rate equivalent to 1 inch of rain per week. • Slope the bottom slightly toward small-diameter drain tile or 1-inch plastic pipe with holes drilled in it. Wrap in filter pads to prevent clogging and cover with 1 inch of sand. If no outlet is possible, place tile over gravel to help remove excess water. • To reduce weight and aid aeration, a soil mix of coarse sand, organic matter or perlite, and a small amount of loam soil is necessary. Ask an arborist or nursery specialist what is used locally. • For most tree species, the soil pH should be between 6.0 and 7.0. • To help keep tree size small, fertilize only if a nutrient deficiency is indicated (by leaf discoloration). If you must use planters in a cold climate, it’s best to use large ones with several trees. The earth mass helps protect the roots. Crapemyrtle Dwarf Conifers Dwarf Fruit Trees Holly Japanese Maple Star Magnolia SOME TREES THAT DO WELL IN PLANTERS DIFFICULT Raised planter with open bottom, soil level raised not more than 1 foot above grade. This container is aes- thetically pleasing, has excellent space definition, a strong sense of perma- nence, and provides good drainage, a place for people to sit, and a place to plant flowers. Trees plant- ed in this type of container are generally safe from snowmelt salt and are easy to water and mulch. Deep roots can pene- trate well below the frost line. DISADVANTAGES: These containers are expensive to install, are usually limited to outdoor use, and may interfere with snow removal operations and pedestrian traffic. There are a limited number of tree species suitable for planting in this type of container due to root restriction. Shallow feeder roots of trees may freeze, reducing tree life. GOOD Seat-wall ground-level planter, planted at grade. This planter has a neat appearance, fair aeration and root room, is conve- nient to water, provides a place for people to sit, and has a good sense of permanence. Trees planted in such a container are generally safe from snowmelt salt, are easy to mulch, and have normal frost tolerance. The container provides good drainage and offers a place to plant flowers. DISADVANTAGES: These containers are expensive to build or buy, difficult to clean, may restrict pedestrian traffic, and may interfere with snow removal opera- tions. Root constriction limits the number of species suitable for planting in the open-bottom container. — Adapted from Containerized Trees for Urban Settings by Jean E. Olson, Iowa State University. MOSTDIFFICULT Closed-bottom container. This container is aes- thetically pleasing, easy to install and move, provides a sitting area, and is relatively safe from snowmelt salt. Such containers provide good definition of space and are readily available at known cost in a wide variety of sizes, shapes, materials, textures, and colors. Trees planted in these containers can be placed in almost any location; exotic species can be used indoors. Flowers can be planted in this container. DISADVANTAGES: Trees planted in closed- bottom containers are highly susceptible to salt buildup from normal watering procedures (unless drainage holes are provided) and to root freezing. The containers can burst from winter freezing. Tree species suitable for planting in this container are very limited. It does not work in colder areas of the country. What About Planters? 6 • TREE CITY USA BULLETIN No. 4 • Arbor Day Foundation 94 Right Trees and Urban Forestry Programs All that has been said about selecting the right tree for the right place is as true for street, park, and public building plantings as it is for residential properties. In fact, mistakes at the community level are magnified many fold. The widespread planting of a disease-prone species or trees too large or too small along an avenue will eventually plague the taxpayers with costly maintenance bills. Fortunately, communities served by an urban forester or arborist are usually assured that species are selected with great care. In fact, if a staff forester, arborist, or landscape architect is not employed by the municipality, it will pay great dividends to retain the service of a qualified consultant when planning for tree plantings. When such professionals are on staff, the ideal situation is to combine their expertise into a team. For example, the knowledge of a forester or arborist about the site requirements of a tree or its maintenance needs can often be joined with the artistic talents of a landscape architect and the infrastructure knowledge of a city engineer to produce a plan that is both workable and visually attractive. THE EDUCATION CHALLENGE One of the challenges to all professionals is the large task of public education about trees. Helping homeowners and businesses start their trees correctly through careful selection and placement is one of the greatest needs in the wide spectrum of tree-care topics. It is preventive medicine at its best. Fortunately, there is much material available to help, including this bulletin. The need, however, is to (a) localize the information, and (b) get it into the hands of the people who need it. Information needed in community literature includes lists that show: • Species that thrive in the local climate, preferably arranged by tree characteristics and/or functions they best serve. • Species to avoid because they are known to have persistent insect or disease problems or are sensitive to local air pollution. • Species that are prohibited or discouraged — and the reasons why. • Locations such as an arboretum, park, campus, or street where mature specimens of desirable species may be viewed. Getting the information into the hands of people who can use it is not easy. Budget constraints are often the first problem but should not be allowed to stop the project. The publications that are illustrated above range from single-page fliers that can be duplicated at little cost on office equipment to elaborate multicolor booklets. Whatever the cost, the investment will repay taxpayers in the long run. Distributing the publications should not be left to chance. The use of literature racks in the office or distribution at workshops reaches too few people. Door-to-door distribution in new developments, direct mail, and using local realtors, developers, and nursery operators are more effective ways to reach the entire population of tree owners. PLANNING AHEAD In the urban forestry program, the best ideas for using the right trees in the right places can come undone when the desired planting stock is not available, is too expensive, or is the wrong size. One solution that sounds simple, but is rarely practiced was developed by the late Bob Skiera, former forester for the City of Milwaukee. Bob studied his streets and parks and planned for new plantings several years in advance. He then grew the needed stock in the city nursery and was assured of an adequate supply in his preferred size of 2-inch caliper. Similar arrangements could be made with contract suppliers and would give them the advantage of being sure of their future market. Either way, the result will be less reliance on chance and more precision in planting the right tree in the right place. Publicity about planting the right tree is essential to the long-term health of any community forest. TREE CITY USA BULLETIN No. 4 • Arbor Day Foundation • 7 95 Finding More Information ... 1. How to Prune Young Trees 1. ____________ 2. When a Storm Strikes 2. ____________ 3. Solving Tree/Sidewalk Conflicts 3. ____________ 4. The Right Tree for the Right Place 4. ____________ ---- Tree City USA Annual Report ____________ TOTALS: $ Annual Friends of Tree City USA Membership ..........................................................$15.00 $ ____________ Tree City USA Bulletin 3-Ring Binder ...........................$7.95 $ ____________ TOTAL PAYMENT: ....................................................... $ ____________ 1 Issue $3.00 ea. $ Name Organization Address City State Zip Phone 1925 101 For a complete list of Tree City USA Bulletins, visit arborday.org. Tree City USA Bulletin © 2017 Arbor Day Foundation. Published by the Arbor Day Foundation; James R. Fazio, editor; Karina Helm, graphic designer; Gerald Pulsipher, illustrator. Technical reviewers for this issue: Gene W. Grey, William P. Kruidenier, James J. Nighswonger. Published for the Friends of Tree City USA by 50007317 There is considerable help available for selecting the right tree for the right place. Sources include: • Local tree selection guides available from city or state urban foresters. • Publications produced by private and public utilities. • Books on trees that include site requirements and characteristics at maturity. A good place to start your search for more information is arborday.org. This is the official website of the Arbor Day Foundation and includes not only more materials related to Tree City USA Bulletin No. 4, but also additional tips on tree care, how to purchase trees online, and an online tree guide. The guide offers detailed information on dozens of common- ly planted landscape trees that grow throughout the Unit- ed States. Included for each is information on sun and soil requirements for planting, mature height and spread, growth rates, and more. For other sources of information about this topic, go to arborday.org/bulletins. The right trees in a residential median not only beautify the neighborhood, but raise property values and help tame traffic as well. Selecting the right trees for the right places will result in beautiful and safer streets such as this. Proper selection will also reduce maintenance costs and provide other practical benefits such as energy savings, prolonged life of pavement surfaces, and cleaner air. SPANISH LANGUAGE EDITION A one-page summary of Tree City USA Bulletin No. 4 in Spanish is available at no cost. Call Member Services at 888-448-7337 or go online to arborday.org/bulletins to obtain a copy. PHOTOS COURTESY OF: J. Frank Schmidt & Son Co. (page 5), Boise Community Forestry, James R. Fazio (page 8). Order Tree City USA Bulletins online at arborday.org or send this form and mail with your payment to: Arbor Day Foundation • 211 N. 12th Street • Lincoln, NE 68508 888-448-7337 • (Make checks payable to Arbor Day Foundation) THE TREE CITY USA PROGRAM IS SPONSORED BY THE Arbor Day Foundation in cooperation with the U.S. Forest Service and National Association of State Foresters. To achieve the national recognition of being named as a Tree City USA, a town or city must meet four standards: Standard 1: A tree board or department Standard 2: A tree care ordinance Standard 3: A community forestry program with an annual budget of at least $2 per capita Standard 4: An Arbor Day observance and proclamation Each recognized community receives a Tree City USA flag, plaque, and community entrance signs. Towns and cities of every size can qualify. Tree City USA application forms are available from your state forester, the Arbor Day Foundation at arborday.org/treecity, or your state forestry agency. Tree City USA Bulletin ORDER FORM 96 1 BURLINGAME BEAUTIFICATION COMMISSION Final Minutes February 6, 2025 The regularly scheduled meeting of the Beautification Commission was called to order at 6:30 p.m. by Chair Batte. ROLL CALL Present: Chair Batte, Commissioners Bauer, Chu, and Damico, Kirchner Absent: None Staff: Parks and Recreation Director Glomstad, Parks Superintendent/City Arborist Holtz, Parks Supervisor Burow, and Recording Secretary Flores Others: None MINUTES Commissioner Bauer made a motion to approve the December 5, 2024, Regular Meeting minutes. The motion was seconded by Commissioner Chu and was approved. 5-0 CORRESPONDENCE None PUBLIC COMMENT Constance Quirk, resident of Lexington Way, expressed her desire to have the emailed Correspondence and Public Comments read aloud at all public meetings to ensure the live audience is made aware of other residents' concerns. Further, she would like online viewers to have the option of participating in the meeting by raising their hands and being allowed to make comments or ask questions. She believes it is important to get people involved and their voices heard, and she feels that many barriers have been put in place to prevent this from happening. PRESENTATION None OLD BUSINESS None NEW BUSINESS 1. Chair Rotation Secretary Flores presented the staff report. The Commissioners accepted their new roles and Chair Chu led the proceedings for the remainder of the meeting. 2. Business Landscape Award, Residential Sustainable Landscape Award, and Multi-Family Landscape Award Chair Rotation Secretary Flores presented the staff report. Commissioner Kirchner accepted his role as Committee Chair and Commissioner Damico as Vice Chair. 97 2 3. Public Hearing to Consider an Appeal of the City Arborist’s Approval of the Removal of a Protected Private Tree at 1325 El Camino Real Arborist Holtz presented the staff report. He explained that the request originally came in for three trees growing between 1321 and 1325 El Camino Real, with the majority of the trunk and canopy residing on 1325 El Camino Real. He confirmed that the middle tree was undersized and not subject to the permit requirements specified in our Municipal Tree Ordinance. The applicant commented on his concern about the risk of failure due to structural tree issues. An independent arborist report was submitted as supplementary documentation. Based on Arborist Holtz’s site observations of the trees and the impact to the driveway at the rear of 1325 El Camino Real, it appeared that the trees met the threshold for removal. He explained his observations of the poor form and location of the trees and stated that the neighborhood impact was not significant although it did impact the view from 1321 El Camino Real. Arborist Holtz summarized the findings of the independent arborist. Further, he explored the site history and conditions dating back to 2011, before the development of 1321 El Camino Real, and the continual pruning away from that site, increasing the off-balance growth of the trees. The reasons listed above meet the criteria for removal of our Tree Ordinance. Arborist Holtz stated the City received two appeals to his decision to approve the removal of the trees. He explained there are many reasons to retain Coast Live Oak Trees and that decisions to approve the removal of trees are never made lightly. He spoke of the benefits these trees are to 1321 El Camino Real, such as barriers to light and noise pollution. Although the City requires replacement trees to be planted, it will not replace mature and established trees equally. These were the primary reasons listed on the appeals. Chair Chu opened the floor to Public Comment. Seeing none, he closed Public Comment. Property owners of 1321 El Camino Real, Scott and Martha Ann Milliken, spoke of their appeal to the City Arborist’s decision. They stated that the trees were located entirely within their property, not on both sides of the property line. They provided construction drawings and a site map showing their property's trees. They explained that care and adjustments were made during construction to protect the trees and perform routine yearly maintenance. They expressed their belief that if 1325 El Camino Real maintained the trees on their side of the property, it may have resulted in similar looking trees on both sides. Further, they explained that having the trees remain is an important part of their tenants’ quality of life. The Milliken’s asked the Commission to consider an effective maintenance plan for 1325 El Camino Real instead of their removal. The 1321 El Camino Real tenants Mia and Gunther Nacke presented their appeal. They explained the trees were a reason to live in the townhouse and their unit specifically. Mrs. Nacke researched previous appeals and noted that a high-risk factor was common in the denied appeals. She stated that in the 10 years they have resided at 1321 El Camino Real, they have not seen any tree maintenance conducted by 1325 El Camino Real. Ms. Nacke spoke of a different tree to the east of their unit that they were more concerned about during storms, unlike the trees closest to their unit. It would dramatically change their environment and ask that a maintenance plan be considered first. Mr. Nacke stated that he was a general contractor, and his comments stem from technical and engineering perspectives. He stated that the trees are very stable and do not pose a danger. He agreed that there is little space to drive through on the neighboring property but stated that the rear resident confirmed it is not as big of an issue as the fence at the front of the property. Also, it is his understanding that the tree struck by the car occurred due to space limitation, which is no longer an issue. Mr. Nacke shared his belief that the current driveway issues could be handled with minor 98 3 repairs. Also, he spoke of the current benefits to the ecosystem and the negative impact of removing the trees, such as a dramatic change to the atmosphere, including noise pollution, and its impacts on wildlife and young families. The original applicant and owner of 1325 El Camino Real, Mehdi Shahmirza, stated that he had not previously been made aware of the site map showing the location of the trees not on his property but on 1321 El Camino Real. He explained that the trees are in his driveway and that tree growth will eliminate access to the driveway and important clearances, such as fire truck access. He spoke of his desire for removal due to safety concerns and explained that he also enjoys the Oak trees' beauty. Mr. Shahmirza stated he is happy to plant more trees on his property or at 1321 El Camino Real if preferred. Chair Chu opened the floor to Commission Discussion. Chair Chu stated that ownership of the trees needed to be established before any decision could be made and asked to see the construction drawings. Director Glomstad explained that a certified site survey would be necessary to confirm the location of the trees rather than a site plan. Arborist Holtz explained that the evidence of construction drawings that included a site plan was only now being introduced, and the City did not have any information to verify property lines. He stated that if the trees were located at 1321 El Camino Real, the liability of the trees failing would also reside with them. Commiss ioner Kirchner asked whether a civil engineer drew the drawings being presented. Mr. & Mrs. Milliken confirmed they were and had previously been submitted to the Planning and Building Department for review and approval. Commissioner Kirchner asked whether a neighbor could petition to have trees removed that are not on his property. Arborist Holtz confirmed that they would not be able to. He explained that while conducting a site visit, the trees would appear to be on 1325 El Camino Real because the site improvement s were completed on the opposite side of the trees, leading a person to conclude the property lines exist where the improvements stopped. Commissioner Kirchner inquired whether 1325 El Camino Real would be subject to the 25% pruning restriction to mitigate any potential issue. Arborist Holtz confirmed that the general rule when it comes to trees on property lines is that the neighbors can prune up to 25% of the tree so long as it does not structurally alter or destabilize the tree. He explained that 1325 El Camino Real could trim up to 25% of the canopy, but seeing as 80% of the canopy hangs over their property, they would not be able to achieve the same type of clearance as 1321 El Camino Real. Chair Chu asked whether the continued pruning and maintenance on 1321 would encourage growth over 1325 El Camino Real to look more balanced. Arborist Holtz said the trees have been regularly directionally pruned away from 1321 El Camino Real toward 1325 El Camino Real, creating significant flaws. He stated that continued pruning to train it back could work, but it is not within the Commission's or Staff's purview to require anyone to comply. Commissioner Damico asked why it was not previously possible for 1321 El Camino Real to prune on the other side of the trees to reduce any risk of future toppling. Arborist Holtz stated that many appeals are emotion based and stem from neighbor issues. He confirmed that many scenarios could occur if neighbors communicated and worked together to remedy the situation without involving the City. He explained that 1321 El Camino Real would need permission from 1325 El Camino Real to enter the property, but 1325 El Camino Real was not obligated to allow someone to trespass on their property. He understands that 1321 El Camino Real has directionally pruned their side of the trees, expecting that 1325 El Camino Real would 99 4 prune their side. There is no obligation for either property owner to take any action, but the liability would lie with the property owner of the site where the tree trunk is located. Furthermore, if 1325 El Camino Real believes the trees impede access, it becomes a civil issue between both property owners. Commissioner Damico referenced the photograph provided, which shows an SUV that narrowly fits, and expressed her concern about safety vehicles being able to get through. City Arborist Holtz agreed with Commissioner Damico but pointed out that the wheels of the SUV are on 1321 El Camino Real and a surveyor would need to verify where the property line lies and whether access to the rear of the property at 1325 El Camino Real is at all possible, barring a lack of easement agreement. Commissioner Kirchner asked whether the trees would heal from the vehicular damage they had endured. Arborist Holtz confirmed that Oak trees were very good compartmentalizers of decay; however, every impact introduces the potential for decay or can be a terminal disease such as sudden oak death. Commissioner Bauer asked whether there was any imminent danger. City Arborist Holtz stated that he did not view anything that would prompt the evacuation of a home. He viewed the site conditions and what is stated in the City’s Municipal Code and determined that the challenges with the tree outweighed the benefits of retaining them. He understood and agreed that there would be a large impact on 1321 El Camino Real and that his decision was not made lightly. Chair Chu and Arborist Holtz agreed that if the ownership of the trees belongs to 1321 El Camino Real and they decided to retain them, the liability that has been confirmed by the public notice of increased risk of the trees, the professional assessment that was conducted, and the City agreeing that the trees meet the threshold for removal would fall on them as well. Commissioner Batte asked whether the ownership of the trees was still in question. Director Glomstad suggested that the item be returned to the Commission once a survey has been presented to confirm ownership. Mr. Shahmirza addressed the Commission and stated that he had not previously seen the 1321 El Camino Real drawings showing the trees on their property. Commissioner Bauer asked whether he had a survey demonstrating the trees on his property. Mr. Shahmirza did not currently have a survey of his property. Mr. Milliken asked whether Mr. Shahmirza had permission to cut more than 25% of the tree canopy. Arborist Holtz confirmed that trimming more than 25% would be considered excessive pruning and require a permit. The active permit could be modified to an excessive pruning permit, but would require permission from whoever is determined to be the owner. Chair Chu asked what documentation could be obtained to verify ownership. Director Glomstad stated that an official or certified site survey would be needed to verify property lines. Secretary Flores stated that either property owner could also research the property’s public records filed with the Building and Planning Departments to see if a survey was previously filed and formally request copies. Chair Chu asked whether the smallest of the three trees was protected by diameter size and was a protected species. Arborist Holtz confirmed the City does not have protected species, only tree size. However, Oak and Redwood trees typically require an independent arborist report as supplemental documentation for their permit application because both species can live a long time and are significant contributors to our community. Commissioner Damico asked whether the two owners had discussed shared maintenance responsibilities of the trees. The properties shared offline feedback. Arborist Holtz shared that the City pays for conflict resolution services through the County of San Mateo and is available at no cost to Burlingame residents. 100 5 Commissioner Bauer made a motion to postpone any decision until further evidence of ownership is provided by either the applicant or appellant. The motion was seconded by Commissioner Damico and was approved. 5-0 4. Themed Block Discussion Arborist Holtz presented the staff report. He provided a history and background on themed blocks and spoke of the Easton Drive petition that occurred approximately a year and a half ago. He confirmed that the current discussion did not include Easton Drive but focused on themed blocks in general. He explained that a themed block is an area with one defined species, either already established or a shift over time, but clarified that the City is not clear-cutting trees to plant any specific tree. He spoke of the challenges themed blocks posed, such as lack of species diversification, utility conflict, and maintenance cost. Although there are main issues to consider, he does not believe we will experience devastation such as a pest attack in the near future. Arborist Holtz explained that the item presented today is an introduction for Commissioners to ask questions and request additional information or ideas from staff about possible modifications. Further, he stated that out of the 938 blocks in Burlingame, 122 of them are themed blocks. Of the 122 themed blocks, 70 have utilities. He estimated that a quarter of the trees planted in the City are in utility conflicts. Commissioner Bauer inquired about the replacement options for themed block streets. Arborist Holtz confirmed that they only have one dominant species per themed block, although changes have been made to those dominant species in some circumstances, such as the pear trees on California Drive. He explained that the Commission was being introduced to the challenges staff have experienced. Commissioner Batte asked if there was a tree that was less likely to interfere with utilities. Arborist Holtz stated that the trees on the City’s Primary Utility Plant List present the lowest potential for utility conflicts. Commissioner Batte commented on the recent fires in Southern California, which were partly caused by utility conflicts. Arborist Holtz stated that staff have received many phone calls and correspondence from residents regarding similar fears set off by insurance cancellation notices. Chair Chu asked whether there has been a consideration for having a themed block with utilities and one species for the side of the street and another for the other. According to his knowledge, Arborist Holtz confirmed that it had not occurred previously in the City. Commissioner Kirchner asked if PG&E was involved in the pruning of the trees. Arborist Holtz confirmed that PG&E contracts with different utility companies and is required to maintain a certain distance. They will prune trees to meet those requirements, often exceeding the requirements to avoid having to prune as frequently. He stated that City staff also prune trees to address overhanging branches or water sprouts that may impede pedestrian and vehicular traffic. Supervisor Burow confirmed that the clearance required by PG&E in the City’s area is two and a half feet, but trees are often pruned 12-15 feet away to avoid coming out for a minimum of two years. Further, she stated that pruning such large amounts causes water sprouts to grow much faster, an issue requiring annual inspection. Commissioner Damico asked whether the staff had received any positive feedback from themed blocks. Arborist Holtz stated that correspondence has been received in favor of themed blocks' majestic look and feel. Commissioner Bauer asked about correspondence from Newlands resident Cathy Baylock and whether her block was removed from the themed block list. Arborist Holtz explained that the Newlands block was inexplicably dropped off the themed block list by error but that the mistake was well-noted and has been updated on our list. Commissioner Damico asked how specific themes are picked. City Arborist Holtz explained that the framers of the City chose species during development, and the Commission, at the time of adoption, decided whether to continue with the established dominant species or replace it with a similar species with the same look or feel. 101 6 Chair Chu opened Public Comment. Burlingame resident Kristine Cannon stated that she lives on the 1300 Themed Block of Bernal Ave, which is sycamore Themed. She spoke highly of the tree maintenance performed by the City and the responsiveness of staff when residents reach out to them. She spoke in favor of themed blocks and the Sycamore tree theme. She explained that homes are purchased with the knowledge of the City-owned and maintained trees adjacent to the property, and because they like the uniformity it creates with the rest of the street, not because they want the tree species changed. She admitted that there is always a chance of issues arising, such as the Eucalyptus trees on Easton Drive, but strongly supports themed blocks regardless. She thanked the Commission for its attention to the Themed Block policy and hoped they would vote to keep the parameters as they are when it comes time to vote on a decision. Resident Constance Quirck spoke in favor of themed blocks. She urged the Commission to keep the immediate area near Lexington Way as a heritage grove of Sycamore trees. She said the established themes and mature trees were key factors in purchasing a Burlingame home. The City works diligently to maintain the City street trees and she appreciates the Parks Division for their hard work. She explained that many trees have been removed in the last five years because local zoning control has been negatively impacted in California, and keeping large, themed trees softens the aesthetics of the City. She spoke of the Plant-A- Tree program and how she learned the need for and importance of deep-watering young trees to ensure their growth, such as the 10-year-old Sycamore she has in front of her property. Burlingame resident and Historical Society member Jennifer Pfaff spoke in favor of themed blocks. She provided a history of how tree species were determined and planted in the 1900s and how the choice of replacement trees stemmed from the hope that the residents would be more invested in the trees' watering needs. She stated that themed blocks comprise less than a quarter of the City’s streets and are typically intersected by non-themed streets, providing some diversity. The importance of the City’s Themed Block policy could not be understated. They are memorable City assets that strengthen the visual cohesiveness of many neighborhoods. She spoke of the extensive development on lots that leave little room for landscaping and trees, such as the last two homes that were approved through the Site Development process that are not required to plant any trees because there is no space to do so; making the importance of our City street trees much higher than it has ever been. Chair Chu closed Public Comment and Commission discussion ensued. Commissioner Kirchner spoke of his fondness of the themed streets and stated his inclination to keep the Themed Block Policy and its parameters as is. He spoke of the historical aspects of themed blocks and does not believe any modification is necessary. He would like staff to elaborate on the issue and more information about the themed streets facing utility conflicts. He agreed with Chair Chu on exploring different options for those blocks and the sides of the street affected. Commissioner Bauer inquired whether the topic arose as an informational session or whether action to remove themed block designations was the end goal. Arborist Holtz confirmed that aside from public comments staff received, Council Member Brownrigg expressed concern about our practice of planting large canopy trees under utility lines and them becoming a perennial conflict. If the Commission would like more information on any challenge presented, staff can research and bring it back to the Commission for 102 7 review and consideration. The Commission may also feel that no further discussion is needed. Commissioner Bauer asked whether Carol Avenue was a themed street. Arborist Holtz confirmed that although the Palm trees are designated as historic trees, Carol is not a themed block nor are Palm trees planted by the City as new or replacement trees. Commissioner Kirchner explained that Carol Avenue was developed in 1905, and the Palm trees were there before the homes. City Arborist Holtz explained that the City owns and maintains approximately 17,000 trees, 2,600 being themed trees, amounting to 15% of City trees being dedicated to Themed trees. Further, 3,740 trees are located under utilities, 600 being themed areas. Chair Chu reiterated the option of having two different species of trees where there are utility lines on one side. He stated that having large trees under utility lines kept pruned may create a bad example for residents who do not know they are pruned that way due to the utility conflicts and may lead them to believe they are approved pruning practices. Director Glomstad confirmed with the Commission that they would like staff to bring back options and ideas focused on utility conflicts and themed blocks. Arborist Holtz emphasized that the public has expressed a desire to be more informed when making decisions that affect them, which increases the amount of public outreach on this topic. REPORTS Supervisor Burow reported that tree plantings as part of our seasonal street tree plantings are steadily on the rise, and there has also been an increase in plantings in new locations that either have not had a tree in a long time or have never had one. Arborist Holtz stated that city trees are holding up well in the current weather events we’ve experienced and thanked the Commission and Council for investing in the major preventive tree work to protect our community. Director Glomstad explained that the rule of no longer reading public comments out loud during Commission meetings came directly from the City Council and cannot be changed at a Commission level. Commissioner Kirchner provided the Commission and staff drafts of the new Trees of Burlingame publication for review, edits, and feedback. UPCOMING AGENDA ITEMS Director Glomstad confirmed Themed Blocks, with guidance provided by the Commission, will be back on a future agenda. Chair Chu said he would like the Adopt-a-Tree program discussed at a future meeting. ADJOURNMENT There being no further business, the meeting adjourned at 8:01 p.m. The next Beautification Commission meeting is scheduled for March 6, 2025. Respectfully submitted, 103 8 Veronica Flores Veronica Flores Recording Secretary 104 STAFF REPORT To: Beautification Commission Date: March 6, 2025 From: Richard Holtz, Parks Superintendent/City Arborist (650) 558-7333 Carlie Burow, Parks Supervisor (650) 558-7335 Subject: Discussion of Themed Block Utility Conflicts and Potential Revisions to the Theme Block Lists RECOMMENDATION Staff recommends the Commission review the staff report, receive public comment, and approve one of the following options: • Modify Themed Block plantings that create Utility Conflicts by designating a new Themed Species for locations in conflict. • Modify Themed Block plantings that create Utility Conflicts by allowing property owners to select from the City’s tree list for Primary Utilities for locations in conflict. • Leave current Themed Block designation as is. BACKGROUND A street tree Themed Block is a block in which one dominant species of street tree is established and maintained indefinitely. Once a themed block is established and a tree is removed for any reason, the tree would be replaced with a tree of the established theme species. Themed Blocks were originally established during the development phase of certain neighborhoods. The concept was memorialized when the idea for establishing Themed Blocks was first introduced to the Council by two interested citizens who wanted to help maintain the historic and aesthetic look and feel of several blocks with a dominant tree species. The idea was referred to the Beautification Commission for consideration. In April 2008, the Beautification Commission heard the proposal, which included discussion on several topics, including the following: width of available planting areas, altering current planting lists, changing how street trees are selected by district/block/neighborhood, (re)introducing the concept of a dominant species, updating the tree inventory, and potential elimination of tree 105 categories from planting plans (ornamentals and evergreens). In May 2008, then Parks and Recreation Director Schwartz facilitated a discussion between the Commission and community members. As a result of that discussion, the Commission made the following recommendations to the City Council. • Retain existing 'themed' streets in the City of Burlingame by replacing them with existing species if the dominant species on the street is of tall form. This is regardless of disruptions to sidewalks. • Do not create 'themed' streets where they currently do not exist and allow the property owners to choose from the appropriate tree list. • Staff should revise the official street tree lists to contain trees that only have the tallest, most significant canopies. • In addition, retain 'ornamentals' and 'evergreen' tree species with the tallest, most significant canopies on the official tree lists. • Include some larger species from the 6' planter strip list to the 4-6' planter strip list where possible, or change the dimensions of planting strip requirements. • Create larger planting spaces throughout the City where possible. • Only remove and replace trees when an existing tree must be removed. • Tree replacements should be planted as soon as possible. As a result of the Beautification Commission action and Council consensus, staff prepared a Draft Themed Block List and Policy for Establishing a Themed Block that was presented at the August 7, 2008, Beautification Commission meeting. The Themed Block List and Policy were approved at the September 4, 2008 Beautification Commission meeting. The policy included: • The Beautification Commission will recommend "Themed Blocks" to the City Council. • To petition the Beautification Commission for a new themed block, a property owner on a block shall gather signatures of at least 2/3 of the property owners. • Forms for the "Petition" will be provided by the Parks and Recreation Department Office. • Petitions shall be forwarded to the Beautification Commission for recommendation to the Council to establish a new "themed" block. • If approved, staff will determine the species theme in collaboration with the property owners. • Selected "themed" species will replace existing trees only when removing an existing tree is deemed necessary according to City policy. Ninety-eight blocks were designated as Themed Blocks. Since then, the City and the residents have added 24 additional Themed Blocks, totaling 122 (Exhibit A). The ability to remove a block from Themed Block designation was added later. Presently, if a block would like to remove the Themed Block designation, 75% of property owners must agree to remove the entire block for the matter to be considered (Exhibit B). 106 Themed Blocks add a benefit to the community that includes honoring the intended look of a developed area. Themed Blocks can create an aesthetic look and feel with a memorable uniformity. Themed Blocks can also have challenges, such as fast and widespread disease or insects. Having a single species increases the likelihood that one disease or insect would create a mass loss of trees that can devastate an entire block. Additionally, requiring a large canopy tree due to themed block designation in a location that has confined growing space can create a continual conflict. This includes the tree’s inability to grow to the typical species size due to overhead utilities. These trees cannot reach their intended size and require significant and frequent maintenance resources from the City and utility providers to reduce risk. DISCUSSION The increased concern about trees and utility conflict was discussed during the public process of updating the municipal tree code. Challenges with obtaining or maintaining insurance in the community have occurred due to the size, species, and proximity of the tree to the structure and electrical conductors. Several members of the community expressed this concern during public comment. During the public discussion, Councilmember Brownrigg expressed concern about the conflict between trees and overhead utilities. It was suggested that the Beautification Commission discuss this challenge and seek a sustainable resolution. Utility providers and urban forest professionals have long espoused the “Right Tree in the Right Place” principle (Exhibit C). This implores a sustainable approach to tree planting and planning by considering specific site conditions to ensure the successful growth of that tree for the community to enjoy with minimal input. Some of these considerations include climate and water needs, pest susceptibility, the likelihood of known challenges with species branches, trunk, and root failures, growing space for the root mass underground, and growing space for the trunk and branches overhead. Pacific Gas & Electric (PGE) has removed City-owned trees at their discretion to protect both overhead electrical conductors and underground natural gas pipes. The California PUC gives PGE and other utilities direction and authority to protect their utilities by maintaining certain clearances. The City has general policy of replacing each tree that is removed. The City follows planting list practices whereby certain tree species are designated for certain areas dependent on planter strip size, overhead utilities, or hillside planting area. Additionally, if there is a themed block designation, the City must replace it in accordance with the themed block designated species. Some of these large canopy species, such as Red Maple, Red Oak, and Sycamore, begin to present conflict within ten years. in locations where overhead utilities exist. Replanting a large canopy Themed Block tree where utility conflict exists goes against modern arboriculture recommendations and expends greater resources on the part of the City and utility providers. In areas where a Themed Block designation does not apply, and overhead utility challenges exist, the City utilizes a street tree primary utility list (Exhibit D). This list includes species that do not 107 grow as tall and/or grow at a slower rate than other larger canopy species. This principle balances the goals of the Community to create a sustainable urban forest, and the utility providers need to protect their utility infrastructure and public safety. However, in designated Themed Block locations, staff are required to plant a tree that continues utility conflict. Staff propose that in areas of utility conflict, a large canopy tree such as Platanus acerifolia (Sycamore/ London Plane), Acer rubrum (Red Maple), or Quercus rubra (Red Oak), a change to the Themed Block designation for these areas should occur. This can be accomplished by reverting choice to the property owners from the City Street Tree list for Primary Utility Areas, or the Commission can specify specific species for these locations. At present, there are over 2,500 Themed Block trees. Approximately 600 of these trees have a utility conflict (Exhibit E). Of these locations, about half are designated as large Themed Block species that include Platanus acerifolia (Sycamore/ London Plane), Acer rubrum (Red Maple), or Quercus rubra (Red Oak). These species generally have fast growth and achieve utility conflict within 10 years of the initial planting. These are the sites that present the greatest conflict and require additional resources to mitigate. In preparation for the Thursday, March 6, 2025 Beautification Commission Meeting, The City has noticed this subject via the City E-news, social media, and a mailing to over 5,000 residents that live in Themed Block areas. FISCAL IMPACT The fiscal impact will likely be lower long-term costs due to the increased maintenance and removal needs of trees in conflict with utilities. EXHIBITS A. Current Themed Block List B. Themed Block Policy Form C. “Right tree, Right Place” Principle D. City Tree Planting List for Primary Utility Locations E. City Street Tree Locations with Primary Utilities 108 Street Theme Recommendation 1600 Adeline Sycamore Retain Themed Block 1700 Adeline Sycamore Retain Themed Block 1800 Adeline Sycamore Retain Themed Block 1900 Adeline Sycamore Retain Themed Block 2000 Adeline Sycamore Retain Themed Block 500 Almer Liquidambar Replace w/ Red Maple 800 Alpine Sycamore Retain Themed Block 1000 Balboa Liquidambar Replace w/ Trident Maple 1400 Balboa Catalpa Retain Themed Block 1600 Balboa Liquidambar Replace w/ Trident Maple 100 Bayswater Gingko Retain Themed Block 200 Bayswater Gingko Retain Themed Block 300 Bayswater Gingko Retain Themed Block 400 Bayswater Gingko Retain Themed Block 500 Bayswater Gingko Retain Themed Block 600 Bayswater Gingko Retain Themed Block 700 Bayswater Gingko Retain Themed Block 800 Bayswater Gingko Retain Themed Block 900 Bayswater Gingko Retain Themed Block 1000 Bayswater Gingko Retain Themed Block 1100 Bayswater Gingko Retain Themed Block 1200 Bayswater Gingko Retain Themed Block 1300 Bayswater Gingko Retain Themed Block 1200 Bellevue Liquidambar Replace w/ Red Maple 1300 Bernal Sycamore Retain Themed Block 1400 Bernal Sycamore Retain Themed Block 300 Bloomfield Sycamore Retain Themed Block 400 Bloomfield Sycamore Retain Themed Block 300 Burlingame Ave Camphor Replace w/ Red Maple 400 Burlingame Ave Camphor Replace w/ Red Maple 500 Burlingame Ave Camphor Replace w/ Red Maple 800 Burlingame Ave Camphor Replace w/ Red Maple 850 - 1000 Burlingame Ave Lemon-Scented Gum Retain Themed Block 1500 Burlingame Ave. Sycamore Retain Themed Block 1200 Cabrillo Liquidambar Replace w/ Trident Maple 400 - 1100 California Dr. P. Calleryana `Chanticleer' = (9 blocks)Replace with ‘European Hornbeam’ 1100 Cambridge Elm Retain Themed Block 300 Channing Sycamore Retain Themed Block 200 Chapin Ln. Sycamore Retain Themed Block 300 Chapin Ln. Sycamore Retain Themed Block 1600 Chapin Ave. Sycamore Retain Themed Block 400 Chatham Sycamore Retain Themed Block 300 Clarendon Red Oak Retain Themed Block City of Burlingame Parks & Recreation Department 850 Burlingame Ave., Burlingame, CA 94010 phone: (650) 558-7330 • parksadmin@burlingame.org City Street Trees – Themed Blocks (Revised 01.2024) Exhibit A 109 1500 Columbus Red Oak Retain Themed Block 300 Concord Liquidambar Replace w/ Red Maple 600 Concord Sycamore Retain Themed Block 700 Concord Sycamore Retain Themed Block 500 Corbitt Sycamore Retain Themed Block 1100 Cortez Sycamore Retain Themed Block 1200 Cortez Sycamore Retain Themed Block 800 Crossway Liquidambar Replace w/ Red Maple 400 Cumberland Sycamore Retain Themed Block 1400 Desoto Sycamore Retain Themed Block 1100 Douglas Sycamore Retain Themed Block 1100 Drake Sycamore Retain Themed Block 300 Dwight Red Oak Retain Themed Block 1500-2000 Easton Euc. Globulus = (6 blks.) Replace w/ Lemon-Scented Gum 800 Edgehill Liquidambar Replace w/ Red Maple 1300 Edgehill Liquidambar Replace w/ Red Maple 1400 Floribunda Liquidambar Replace w/ Red Maple 1500 Floribunda Liquidambar Replace w/ Red Maple 500 Francisco Sycamore Retain Themed Block 2100 Hillside Sycamore Retain Themed Block 2200 Hillside Sycamore Retain Themed Block 2300 Hillside Sycamore Retain Themed Block 2400 Hillside Sycamore Retain Themed Block 1200 Laguna Sycamore Retain Themed Block 1300 Laguna Liquidambar Replace w/ Red Maple 1400 Laguna Liquidambar Replace w/ Red Maple 300 Lexington Sycamore Retain Themed Block 500 Lexington Sycamore Retain Themed Block 600 Lexington Sycamore Retain Themed Block 800 Maple Linden Replace w/ Trident Maple 400 Marin Sycamore Retain Themed Block 500 Marin Sycamore Retain Themed Block 1600 McDonald Way Liriodendron Replace w/ Red Maple 1100 Mills Sycamore Themed Block 1200 Mills Sycamore Retain Themed Block 1300 Mills Sycamore Retain Themed Block 1400 Mills Sycamore Retain Themed Block 1500 Newlands Sycamore Retain Themed Block 1400 Oak Grove Red Oak Retain Themed Block 100 Occidental Sycamore Retain Themed Block 200 Occidental Sycamore Retain Themed Block 300 Occidental Sycamore Retain Themed Block 400 Occidental Sycamore Retain Themed Block 1100 Oxford Elm Retain Themed Block 1100 Palm Sycamore Retain Themed Block 1200 Palm Sycamore Retain Themed Block 1300 Palm Sycamore Retain Themed Block 1400 Palm Sycamore Retain Themed Block 700 Plymouth Sycamore Retain Themed Block 1100 Sanchez Sycamore Retain Themed Block 1200 Sanchez Sycamore Retain Themed Block 1300 Sanchez Sycamore Retain Themed Block 1400 Sanchez Sycamore Retain Themed Block 1600 Sherman Sycamore Retain Themed Block 110 1700 Sherman Sycamore Retain Themed Block 10 Stanley Liriodendron Replace w/ Trident Maple 100 Stanley Liriodendron Replace w/ Trident Maple 200 Stanley Liriodendron Replace w/ Trident Maple 2100 Trousdale Modesto Ash Replace w/ Raywood Ash 1100 Vancouver Catalpa Retain Themed Block 500 Vernon Sycamore Retain Themed Block 600 Vernon Liquidambar Replace w/ Red Maple 700 Vernon Sycamore Retain Themed Block 700 Winchester Dr. Sycamore Retain Themed Block 800 Winchester Dr. Sycamore Retain Themed Block 111 City of Burlingame Petition to Apply for Establishment, Modify or Remove a Street Tree Themed Block (Only this form can be used to gather signatures) Definition of a Street Tree Themed Block: A street tree themed block is defined as a block in which one defined species of street tree is established and maintained indefinitely. Once a themed block is established and a tree is removed for any reason, the tree would be replaced with a tree of the established theme species. The Beautification Commission and City Council use the following criteria when considering establishment of a themed block: the percent of predominant tree species, health and disease tolerance of the species, amount of tree diversity, mix of species, age, aesthetic look on the block, current tree canopy, future canopy potential, width of the street, and the width of planter strips. Policy to Establish, Modify or Remove a Themed Block The Beautification Commission will recommend “Themed Blocks” to the City Council. To petition the Beautification Commission for a new themed block a property owner on a block shall gather signatures of at least 2/3 of the property owners on the block. To petition the Beautification Commission to modify a specific themed block tree species or Remove a specific block from the Themed Block List, a property owner on a block shall gather signatures of at least 75% of the property owners on the block. Forms for the “Petition” will be provided by the Parks and Recreation Department office. Petitions shall be forwarded to the Beautification Commission for recommendation to the Council to establish, modify or remove a themed block. A public hearing will be set by the Beautification Commission and notification will be sent by staff to all property owners o n the block. If approved by the Beautification Commission and/or the City Council, staff will determine the species theme in collaboration with the property owners. Selected “themed” species will replace existing trees only when removal of an existing tree is deemed necessa ry according to City policy. Street and Block Requested for Consideration: ________________________________________________________ Mark One: Establish _______________Modify _______________Remove a Themed Bock_____________________ Street Tree Species Desired: _______________________________________________________________________ Street Tree Themed Block Signature Form Property Owner Statement: I am the property owner at the address listed below and I support the Beautification Commission and City Council in ____establishing this block as a Street Tree Themed Block, ____modifying this themed block Street Tree or ____removing this themed block Street Tree within the City of Burlingame. Revised 1/2016 Date Property Address Property Owner Name(s) (Printed) Property Owner Signature Exhibit B 112 Date Property Address Property Owner Name(s) (Printed) Property Owner Signature 113 Exhibit C 114 TREES TO BE PLANTED IN AREAS UNDER PRIMARY UTILITY LINES Height at Botanical Name Common Name Maturity Description Trident Maple 20'-25' DECIDUOUS: Moderate growth; roundish crown; glossy, three lobed leaves; fall color. Australian Willow 25'-30' EVERGREEN: Moderate growth; graceful branches; fine textured leaves. Gingko biloba Maidenhair tree 30'-50' DECIDUOUS: Slow growth; fan shaped leaves turn yellow in fall; spreading, almost umbrella form. Jacaranda Blue Jacaranda 20'-50' DECIDUOUS: Moderate growth; large spreading canopy with mimosifolia breathtaking purple flowers lasting upwards of 2 months. Koelreuteria Chinese Flame Tree 20'-35' DECIDUOUS: Slow to moderate growth; clusters of yellow bipinnata flowers; leaves yellow in fall, drop late. Koelreuteria Golden Rain Tree 20'-35' DECIDEUOUS: Slow to moderate growth; yellow flowers; paniculata leaves reddish in spring, light green in summer. Crape Myrtle 20'-30' DECIDUOUS: Moderate growth; spring foliage light green and "Tuscarora"bronze, fall yellow; dark pink flowers. Laurus nobilis Saratoga Sweet Bay 15'-25' EVERGREEN: Glossy olive green leaves, rounded and dense canopy, fragrant cream flowers in spring, great for pollinators. Magnolia 20'-40' EVERGREEN: Moderate to fast growth; white flowers; similar "St. Mary"to Southern Magnolia but smaller. Parkinsonia Sonoran Palo Verde 20'-35' DECIDUOUS: Fast growth, rounded canopy, bright yellow florida flowers lasting up to four months. Parrotia persica Persian Ironwood 20'-40' DECIDUOUS: Slow growth, autumn gold fall color, clusters of 'vanessa'tiny red flowers in early spring. Chinese Pistache 30'-40' DECIDUOUS: Moderate growth; dark green leaves, brilliant fall color. Plumeria Frangipani 20' EVERGREEN: Moderate growth with beautiful, fragrant flowers, waxy leaves. Chinese Tallow 35' DECIDUOUS: Moderate to fast growth; dense, round crown; outstanding fall color. Subject to availability. Sapium sebiferum Lagerstroemia indica Acer buergeranum Geijera parviflora Magnolia grandiflora Official Street Tree List 850 Burlingame Ave., Burlingame, CA 94010 phone: (650) 558-7330 • fax: (650) 696-7216 parksadmin@burlingame.org Pistachia chinensis City of Burlingame | Parks Division Exhibit D 115 Address Street SideType Tree CommonName BotanicalName 1600 ADELINE DR SIDE 1 LONDON PLANE Platanus X hispanica 1721 ADELINE DR FRONT 1 LONDON PLANE Platanus X hispanica 1721 ADELINE DR FRONT 2 LONDON PLANE Platanus X hispanica 1801 ADELINE DR FRONT 1 LONDON PLANE Platanus X hispanica 1801 ADELINE DR FRONT 2 LONDON PLANE Platanus X hispanica 1901 ADELINE DR FRONT 1 LONDON PLANE Platanus X hispanica 1901 ADELINE DR FRONT 2 LONDON PLANE Platanus X hispanica 1915 ADELINE DR FRONT YAR 1 CHINESE TALLOW TREE Triadica sebifera 1915 ADELINE DR FRONT YAR 2 SYCAMORE Platanus spp. 1915 ADELINE DR FRONT YAR 3 LONDON PLANE Platanus X hispanica 1915 ADELINE DR FRONT YAR 4 LONDON PLANE Platanus X hispanica 1915 ADELINE DR SIDE 2 ORNAMENTAL PEAR Pyrus calleryana 522 ALMER RD FRONT 2 AMERICAN SWEETGUM Liquidambar styraciflua 525 ALMER RD FRONT 1 AMERICAN SWEETGUM Liquidambar styraciflua 525 ALMER RD FRONT 2 AMERICAN SWEETGUM Liquidambar styraciflua 831 ALPINE AV FRONT 7 LONDON PLANE Platanus X hispanica 831 ALPINE AV FRONT 8 LONDON PLANE Platanus X hispanica 833 ALPINE AV FRONT 1 RED OAK Quercus rubra 833 ALPINE AV FRONT 2 ENGLISH WALNUT Juglans regia 833 ALPINE AV FRONT 3 RED OAK Quercus rubra 833 ALPINE AV FRONT 4 RED OAK Quercus rubra 1001 BALBOA AV FRONT 1 TRIDENT MAPLE Acer buergeranum 1601 BALBOA AV SIDE 1 LONDON PLANE Platanus X hispanica 1601 BALBOA AV SIDE 2 LONDON PLANE Platanus X hispanica 101 BAYSWATER AV FRONT 1 COAST LIVE OAK Quercus agrifolia 105 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 109 BAYSWATER AV FRONT 1 CRAPE MYRTLE Lagerstroemia indica 109 BAYSWATER AV FRONT 2 CRAPE MYRTLE Lagerstroemia indica 113 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 117 BAYSWATER AV FRONT 1 AUSTRALIAN WILLOW Geijera parviflora 117 BAYSWATER AV FRONT 2 AUSTRALIAN WILLOW Geijera parviflora 201 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 205 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba Exhibit E 116 205 BAYSWATER AV FRONT 2 MAIDENHAIR TREE Ginkgo biloba 209 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 213 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 221 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 301 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 301 BAYSWATER AV FRONT 2 SAMUEL SOMMER MAGNOLIA Magnolia grandiflora 'Samuel Sommer' 301 BAYSWATER AV FRONT 3 SAMUEL SOMMER MAGNOLIA Magnolia grandiflora 'Samuel Sommer' 305 BAYSWATER AV FRONT 1 JAPANESE FLOWERING CHERRY Prunus serrulata 305 BAYSWATER AV FRONT 2 MAIDENHAIR TREE Ginkgo biloba 305 BAYSWATER AV FRONT 3 CHINABERRY Melia azedarach 309 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 313 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 401 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 405 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 409 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 411 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 501 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 501 BAYSWATER AV FRONT 2 MAIDENHAIR TREE Ginkgo biloba 505 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 509 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 511 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 512 BAYSWATER AV FRONT 1 AUTUMN GOLD GINKGO Ginkgo biloba 'Autumn Gold' 512 BAYSWATER AV FRONT 2 AUTUMN GOLD GINKGO Ginkgo biloba 'Autumn Gold' 515 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 515 BAYSWATER AV FRONT 2 MAIDENHAIR TREE Ginkgo biloba 521 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 603 BAYSWATER AV FRONT 1 CHINESE FLAME TREE Koelreuteria bipinnata 603 BAYSWATER AV FRONT 2 CHINESE FLAME TREE Koelreuteria bipinnata 605 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 609 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 609 BAYSWATER AV FRONT 2 MAIDENHAIR TREE Ginkgo biloba 611 BAYSWATER AV FRONT 1 CRAPE MYRTLE Lagerstroemia indica 611 BAYSWATER AV FRONT 2 MAIDENHAIR TREE Ginkgo biloba 611 BAYSWATER AV FRONT 3 MAIDENHAIR TREE Ginkgo biloba 117 615 BAYSWATER AV FRONT 1 VACANT SITE Vacant site 615 BAYSWATER AV FRONT 2 MAIDENHAIR TREE Ginkgo biloba 615 BAYSWATER AV FRONT 3 VACANT SITE Vacant site 701 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 705 BAYSWATER AV FRONT 1 AUSTRALIAN WILLOW Geijera parviflora 709 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 709 BAYSWATER AV FRONT 2 MAIDENHAIR TREE Ginkgo biloba 711 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 715 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 721 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 807 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 809 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 811 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 811 BAYSWATER AV FRONT 2 MAIDENHAIR TREE Ginkgo biloba 815 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 817 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 821 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 925 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 925 BAYSWATER AV FRONT 2 MAIDENHAIR TREE Ginkgo biloba 925 BAYSWATER AV FRONT 3 MAIDENHAIR TREE Ginkgo biloba 925 BAYSWATER AV FRONT 4 MAIDENHAIR TREE Ginkgo biloba 925 BAYSWATER AV FRONT 5 VACANT SITE Vacant site 998 BAYSWATER AV FRONT 1 ARISTOCRAT PEAR Pyrus calleryana 'Aristocrat' 998 BAYSWATER AV FRONT 2 CHANTICLEER PEAR Pyrus calleryana 'Chanticleer' 1105 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 1107 BAYSWATER AV FRONT 1 JAPANESE FLOWERING CHERRY Prunus serrulata 1110 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 1113 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 1115 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 1155 BAYSWATER AV FRONT 1 VACANT SITE Vacant site 1201 BAYSWATER AV FRONT 1 AMERICAN SWEETGUM Liquidambar styraciflua 1201 BAYSWATER AV FRONT 2 AMERICAN SWEETGUM Liquidambar styraciflua 1215 BAYSWATER AV FRONT 1 SOUTHERN MAGNOLIA Magnolia grandiflora 1215 BAYSWATER AV FRONT 2 SOUTHERN MAGNOLIA Magnolia grandiflora 118 1215 BAYSWATER AV FRONT 3 SOUTHERN MAGNOLIA Magnolia grandiflora 1305 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 1307 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 1311 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 1317 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 1210 BELLEVUE AV FRONT 2 AMERICAN SWEETGUM Liquidambar styraciflua 1210 BELLEVUE AV FRONT 3 AMERICAN SWEETGUM Liquidambar styraciflua 1218 BELLEVUE AV FRONT 1 AMERICAN SWEETGUM Liquidambar styraciflua 1218 BELLEVUE AV FRONT 2 AMERICAN SWEETGUM Liquidambar styraciflua 1220 BELLEVUE AV FRONT 1 AMERICAN SWEETGUM Liquidambar styraciflua 1220 BELLEVUE AV FRONT 2 AMERICAN SWEETGUM Liquidambar styraciflua 1224 BELLEVUE AV FRONT 1 VACANT SITE Vacant site 1236 BELLEVUE AV FRONT 1 AMERICAN SWEETGUM Liquidambar styraciflua 1236 BELLEVUE AV FRONT 2 JACARANDA Jacaranda mimosifolia 1236 BELLEVUE AV FRONT 3 AMERICAN SWEETGUM Liquidambar styraciflua 1236 BELLEVUE AV FRONT 4 AMERICAN SWEETGUM Liquidambar styraciflua 301 BLOOMFIELD RD FRONT 1 LONDON PLANE Platanus X hispanica 301 BLOOMFIELD RD FRONT 2 LONDON PLANE Platanus X hispanica 321 BLOOMFIELD RD FRONT 1 LONDON PLANE Platanus X hispanica 321 BLOOMFIELD RD FRONT 2 LONDON PLANE Platanus X hispanica 325 BLOOMFIELD RD FRONT 1 LONDON PLANE Platanus X hispanica 325 BLOOMFIELD RD FRONT 2 LONDON PLANE Platanus X hispanica 340 BLOOMFIELD RD FRONT 1 LONDON PLANE Platanus X hispanica 401 BLOOMFIELD RD FRONT 1 LONDON PLANE Platanus X hispanica 401 BLOOMFIELD RD FRONT 2 LONDON PLANE Platanus X hispanica 424 BLOOMFIELD RD FRONT 2 LONDON PLANE Platanus X hispanica 430 BLOOMFIELD RD FRONT 1 LONDON PLANE Platanus X hispanica 431 BLOOMFIELD RD FRONT 1 LONDON PLANE Platanus X hispanica 431 BLOOMFIELD RD FRONT 2 LONDON PLANE Platanus X hispanica 435 BLOOMFIELD RD FRONT 1 LONDON PLANE Platanus X hispanica 435 BLOOMFIELD RD FRONT 2 LONDON PLANE Platanus X hispanica 440 BLOOMFIELD RD FRONT 1 LONDON PLANE Platanus X hispanica 449 BLOOMFIELD RD FRONT 1 LONDON PLANE Platanus X hispanica 450 BLOOMFIELD RD FRONT 1 LONDON PLANE Platanus X hispanica 119 453 BLOOMFIELD RD FRONT 1 LONDON PLANE Platanus X hispanica 457 BLOOMFIELD RD FRONT 1 LONDON PLANE Platanus X hispanica 461 BLOOMFIELD RD FRONT 1 LONDON PLANE Platanus X hispanica 465 BLOOMFIELD RD FRONT 1 SOUTHERN MAGNOLIA Magnolia grandiflora 469 BLOOMFIELD RD FRONT 1 LONDON PLANE Platanus X hispanica 473 BLOOMFIELD RD FRONT 1 LONDON PLANE Platanus X hispanica 477 BLOOMFIELD RD FRONT 1 LONDON PLANE Platanus X hispanica 481 BLOOMFIELD RD FRONT 1 LONDON PLANE Platanus X hispanica 485 BLOOMFIELD RD FRONT 1 LONDON PLANE Platanus X hispanica 489 BLOOMFIELD RD FRONT 1 LONDON PLANE Platanus X hispanica 500 BURLINGAME AV FRONT 1 CAMPHOR TREE Cinnamomum camphora 501 BURLINGAME AV FRONT 1 CAMPHOR TREE Cinnamomum camphora 505 BURLINGAME AV FRONT 1 CAMPHOR TREE Cinnamomum camphora 509 BURLINGAME AV FRONT 1 ORNAMENTAL PEAR Pyrus calleryana 509 BURLINGAME AV FRONT 2 RED MAPLE Acer rubrum 511 BURLINGAME AV FRONT 1 CHINESE TALLOW TREE Triadica sebifera 511 BURLINGAME AV FRONT 2 JAPANESE MAPLE Acer palmatum 515 BURLINGAME AV FRONT 1 RED MAPLE Acer rubrum 521 BURLINGAME AV FRONT 1 SOUTHERN MAGNOLIA Magnolia grandiflora 801 BURLINGAME AV FRONT 1 SOUTHERN MAGNOLIA Magnolia grandiflora 801 BURLINGAME AV FRONT 2 BRONZE LOQUAT Eriobotrya deflexa 805 BURLINGAME AV FRONT 1 AMERICAN SWEETGUM Liquidambar styraciflua 809 BURLINGAME AV FRONT 1 COAST REDWOOD Sequoia sempervirens 809 BURLINGAME AV FRONT 2 VACANT SITE Vacant site 809 BURLINGAME AV FRONT 3 BIGLEAF MAPLE Acer macrophyllum 809 BURLINGAME AV FRONT 4 TANBARK-OAK Lithocarpus densiflorus 811 BURLINGAME AV FRONT 1 RED MAPLE Acer rubrum 811 BURLINGAME AV FRONT 2 RED MAPLE Acer rubrum 1501 BURLINGAME AV FRONT 2 LONDON PLANE Platanus X hispanica 1513 BURLINGAME AV FRONT 1 LONDON PLANE Platanus X hispanica 1517 BURLINGAME AV FRONT 1 LONDON PLANE Platanus X hispanica 1519 BURLINGAME AV FRONT 1 LONDON PLANE Platanus X hispanica 1525 BURLINGAME AV FRONT 1 LONDON PLANE Platanus X hispanica 1529 BURLINGAME AV FRONT 1 LONDON PLANE Platanus X hispanica 120 1533 BURLINGAME AV FRONT 1 LONDON PLANE Platanus X hispanica 1537 BURLINGAME AV FRONT 1 LONDON PLANE Platanus X hispanica 1537 BURLINGAME AV FRONT 2 LONDON PLANE Platanus X hispanica 1538 BURLINGAME AV FRONT 3 LONDON PLANE Platanus X hispanica 1538 BURLINGAME AV FRONT 4 LONDON PLANE Platanus X hispanica 1541 BURLINGAME AV FRONT 1 LONDON PLANE Platanus X hispanica 1545 BURLINGAME AV FRONT 1 LONDON PLANE Platanus X hispanica 1549 BURLINGAME AV FRONT 1 LONDON PLANE Platanus X hispanica 85 CALIFORNIA DR SIDE 1 MAIDENHAIR TREE Ginkgo biloba 85 CALIFORNIA DR SIDE 3 MAIDENHAIR TREE Ginkgo biloba 85 CALIFORNIA DR SIDE 4 MAIDENHAIR TREE Ginkgo biloba 85 CALIFORNIA DR SIDE 5 MAIDENHAIR TREE Ginkgo biloba 85 CALIFORNIA DR SIDE 6 MAIDENHAIR TREE Ginkgo biloba 85 CALIFORNIA DR SIDE 7 MAIDENHAIR TREE Ginkgo biloba 85 CALIFORNIA DR SIDE 8 MAIDENHAIR TREE Ginkgo biloba 85 CALIFORNIA DR SIDE 9 COAST LIVE OAK Quercus agrifolia 85 CALIFORNIA DR SIDE 10 MAIDENHAIR TREE Ginkgo biloba 301 CHANNING RD FRONT 1 SILVER MAPLE Acer saccharinum 301 CHANNING RD FRONT 2 SILVER MAPLE Acer saccharinum 307 CHANNING RD FRONT 1 LONDON PLANE Platanus X hispanica 1601 CHAPIN AV FRONT 1 LONDON PLANE Platanus X hispanica 1601 CHAPIN AV FRONT 2 SYCAMORE Platanus spp. 1601 CHAPIN AV FRONT 3 ENGLISH HAWTHORN Crataegus laevigata 1601 CHAPIN AV FRONT 4 ENGLISH HAWTHORN Crataegus laevigata 1601 CHAPIN AV FRONT 5 ENGLISH HAWTHORN Crataegus laevigata 1601 CHAPIN AV FRONT 6 ENGLISH HAWTHORN Crataegus laevigata 1601 CHAPIN AV FRONT 7 SYCAMORE Platanus spp. 1617 CHAPIN AV FRONT 1 LONDON PLANE Platanus X hispanica 1617 CHAPIN AV FRONT 2 LONDON PLANE Platanus X hispanica 1617 CHAPIN AV FRONT 3 LONDON PLANE Platanus X hispanica 1617 CHAPIN AV SIDE 1 AMERICAN SWEETGUM Liquidambar styraciflua 1617 CHAPIN AV SIDE 2 LONDON PLANE Platanus X hispanica 1617 CHAPIN AV SIDE 3 LONDON PLANE Platanus X hispanica 301 CHAPIN LN FRONT 1 LONDON PLANE Platanus X hispanica 121 310 CHAPIN LN FRONT 1 LONDON PLANE Platanus X hispanica 310 CHAPIN LN FRONT 2 LONDON PLANE Platanus X hispanica 316 CHAPIN LN FRONT 1 LONDON PLANE Platanus X hispanica 316 CHAPIN LN FRONT 2 LONDON PLANE Platanus X hispanica 320 CHAPIN LN FRONT 1 LONDON PLANE Platanus X hispanica 320 CHAPIN LN FRONT 2 VACANT SITE Vacant site 324 CHAPIN LN FRONT 1 LONDON PLANE Platanus X hispanica 328 CHAPIN LN FRONT 1 LONDON PLANE Platanus X hispanica 328 CHAPIN LN FRONT 2 LONDON PLANE Platanus X hispanica 301 CLARENDON RD SIDE 1 CAMPHOR TREE Cinnamomum camphora 1508 COLUMBUS AV FRONT 1 AMERICAN SWEETGUM Liquidambar styraciflua 1512 COLUMBUS AV FRONT 1 RED OAK Quercus rubra 1516 COLUMBUS AV FRONT 1 OAK Quercus spp. 1520 COLUMBUS AV FRONT 1 RED OAK Quercus rubra 1524 COLUMBUS AV FRONT 1 RED OAK Quercus rubra 1528 COLUMBUS AV FRONT 1 SHUMARD RED OAK Quercus shumardii 1532 COLUMBUS AV FRONT 1 RED OAK Quercus rubra 1588 COLUMBUS AV FRONT 1 AUSTRALIAN WILLOW Geijera parviflora 1588 COLUMBUS AV FRONT 2 NICHOLS WILLOW LEAFED PEPPER Eucalyptus nicholii 1592 COLUMBUS AV FRONT 1 RED OAK Quercus rubra 1596 COLUMBUS AV FRONT 1 RED OAK Quercus rubra 510 CORBITT DR FRONT 1 EVERGREEN PEAR Pyrus kawakamii 535 CORBITT DR FRONT 1 LONDON PLANE Platanus X hispanica 539 CORBITT DR FRONT 1 LONDON PLANE Platanus X hispanica 543 CORBITT DR FRONT 1 LONDON PLANE Platanus X hispanica 1477 CORTEZ AV SIDE 1 LONDON PLANE Platanus X hispanica 1477 CORTEZ AV SIDE 2 LONDON PLANE Platanus X hispanica 1478 CORTEZ AV SIDE 1 TRIDENT MAPLE Acer buergeranum 1478 CORTEZ AV SIDE 2 TRIDENT MAPLE Acer buergeranum 1478 CORTEZ AV SIDE 6 LOCUST Robinia spp. 1478 CORTEZ AV SIDE 7 LOCUST Robinia spp. 1478 CORTEZ AV SIDE 8 LOCUST Robinia spp. 815 CROSSWAY RD FRONT 1 RED MAPLE Acer rubrum 843 CROSSWAY RD SIDE 1 ORNAMENTAL PEAR Pyrus calleryana 122 843 CROSSWAY RD SIDE 2 EVERGREEN PEAR Pyrus kawakamii 843 CROSSWAY RD SIDE 3 LONDON PLANE Platanus X hispanica 1407 DESOTO AV FRONT 1 LONDON PLANE Platanus X hispanica 1408 DESOTO AV FRONT 1 SYCAMORE Platanus spp. 1110 DOUGLAS AV FRONT 1 LONDON PLANE Platanus X hispanica 1110 DOUGLAS AV FRONT 2 LONDON PLANE Platanus X hispanica 1111 DOUGLAS AV FRONT 2 LONDON PLANE Platanus X hispanica 1116 DOUGLAS AV FRONT 1 LONDON PLANE Platanus X hispanica 1120 DOUGLAS AV FRONT 1 AMERICAN SYCAMORE Platanus occidentalis 1120 DOUGLAS AV FRONT 2 COLUMBIA PLANE Platanus X hispanica 'Columbia' 1121 DOUGLAS AV FRONT 1 COLUMBIA PLANE Platanus X hispanica 'Columbia' 1124 DOUGLAS AV FRONT 1 ORNAMENTAL PEAR Pyrus calleryana 1124 DOUGLAS AV FRONT 2 ORNAMENTAL PEAR Pyrus calleryana 1128 DOUGLAS AV FRONT 1 VACANT SITE Vacant site 1132 DOUGLAS AV FRONT 1 LONDON PLANE Platanus X hispanica 1134 DOUGLAS AV FRONT 1 LONDON PLANE Platanus X hispanica 1134 DOUGLAS AV FRONT 2 LONDON PLANE Platanus X hispanica 1138 DOUGLAS AV FRONT 1 LONDON PLANE Platanus X hispanica 1138 DOUGLAS AV FRONT 2 VACANT SITE Vacant site 305 DWIGHT RD FRONT 1 AMERICAN SWEETGUM Liquidambar styraciflua 305 DWIGHT RD FRONT 2 RED OAK Quercus rubra 309 DWIGHT RD FRONT 1 RED OAK Quercus rubra 321 DWIGHT RD FRONT 1 RED OAK Quercus rubra 323 DWIGHT RD FRONT 1 RED OAK Quercus rubra 325 DWIGHT RD FRONT 1 SOUTHERN MAGNOLIA Magnolia grandiflora 332 DWIGHT RD FRONT 1 RED OAK Quercus rubra 333 DWIGHT RD FRONT 1 EVERGREEN PEAR Pyrus kawakamii 336 DWIGHT RD FRONT 1 RED OAK Quercus rubra 340 DWIGHT RD FRONT 1 RED OAK Quercus rubra 341 DWIGHT RD FRONT 1 RED OAK Quercus rubra 1501 EASTON DR FRONT 1 VACANT SITE Vacant site 1505 EASTON DR FRONT 1 LEMON-SCENTED GUM Corymbia citriodora 1505 EASTON DR FRONT 2 NO REPLANT No Replant 1509 EASTON DR FRONT 1 LEMON-SCENTED GUM Corymbia citriodora 123 1601 EASTON DR FRONT 1 BLUE GUM Eucalyptus globulus 1605 EASTON DR FRONT 1 LEMON-SCENTED GUM Corymbia citriodora 1609 EASTON DR FRONT 1 LEMON-SCENTED GUM Corymbia citriodora 1613 EASTON DR FRONT 1 EUCALYPTUS Eucalyptus spp. 1616 EASTON DR FRONT 1 EUCALYPTUS Eucalyptus spp. 1705 EASTON DR FRONT 1 LEMON-SCENTED GUM Corymbia citriodora 1709 EASTON DR FRONT 1 LEMON-SCENTED GUM Corymbia citriodora 1709 EASTON DR FRONT 2 YUCCA SPECIES Yucca spp. 1715 EASTON DR FRONT 1 EUCALYPTUS Eucalyptus spp. 1719 EASTON DR FRONT 1 EUCALYPTUS Eucalyptus spp. 1805 EASTON DR FRONT 1 LEMON-SCENTED GUM Corymbia citriodora 1809 EASTON DR FRONT 1 LEMON-SCENTED GUM Corymbia citriodora 1809 EASTON DR FRONT 2 LEMON-SCENTED GUM Corymbia citriodora 1815 EASTON DR FRONT 1 LEMON-SCENTED GUM Corymbia citriodora 1905 EASTON DR FRONT 1 VACANT SITE Vacant site 1905 EASTON DR FRONT 2 LEMON-SCENTED GUM Corymbia citriodora 1905 EASTON DR FRONT 3 STUMP Stump 1907 EASTON DR FRONT 1 LEMON-SCENTED GUM Corymbia citriodora 1907 EASTON DR FRONT 2 CALIFORNIA PEPPER Schinus molle 1908 EASTON DR FRONT 3 STUMP - NOT ACCESSIBLE Stump - not accessible 1911 EASTON DR FRONT 1 LEMON-SCENTED GUM Corymbia citriodora 1912 EASTON DR FRONT 1 LEMON-SCENTED GUM Corymbia citriodora 2001 EASTON DR FRONT 1 BLUE GUM Eucalyptus globulus 2001 EASTON DR FRONT 2 SOUTHERN MAGNOLIA Magnolia grandiflora 2001 EASTON DR FRONT 3 BLUE GUM Eucalyptus globulus 2017 EASTON DR FRONT 1 LEMON-SCENTED GUM Corymbia citriodora 2017 EASTON DR FRONT 2 LEMON-SCENTED GUM Corymbia citriodora 815 EDGEHILL DR FRONT 1 MAYTEN TREE Maytenus boaria 1315 EDGEHILL DR FRONT 1 AMERICAN SWEETGUM Liquidambar styraciflua 1315 EDGEHILL DR FRONT 2 AMERICAN SWEETGUM Liquidambar styraciflua 1315 EDGEHILL DR FRONT 3 RED MAPLE Acer rubrum 1315 EDGEHILL DR FRONT 4 CALIFORNIA BAY Umbellularia californica 1323 EDGEHILL DR FRONT 1 CHINESE TALLOW TREE Triadica sebifera 1416 FLORIBUNDA AV FRONT 1 AMERICAN SWEETGUM Liquidambar styraciflua 124 1422 FLORIBUNDA AV FRONT 1 MAYTEN TREE Maytenus boaria 1440 FLORIBUNDA AV FRONT 1 VACANT SITE Vacant site 1446 FLORIBUNDA AV FRONT 1 SOUTHERN MAGNOLIA Magnolia grandiflora 1446 FLORIBUNDA AV FRONT 2 SOUTHERN MAGNOLIA Magnolia grandiflora 1452 FLORIBUNDA AV FRONT 1 SOUTHERN MAGNOLIA Magnolia grandiflora 1452 FLORIBUNDA AV FRONT 2 SOUTHERN MAGNOLIA Magnolia grandiflora 1452 FLORIBUNDA AV FRONT 3 SOUTHERN MAGNOLIA Magnolia grandiflora 1452 FLORIBUNDA AV FRONT 4 SOUTHERN MAGNOLIA Magnolia grandiflora 1500 FLORIBUNDA AV FRONT 1 SOUTHERN MAGNOLIA Magnolia grandiflora 1500 FLORIBUNDA AV FRONT 2 SOUTHERN MAGNOLIA Magnolia grandiflora 1500 FLORIBUNDA AV FRONT 3 SOUTHERN MAGNOLIA Magnolia grandiflora 1500 FLORIBUNDA AV FRONT 4 AMERICAN SWEETGUM Liquidambar styraciflua 1500 FLORIBUNDA AV MEDIAN 1 CANARY ISLAND DATE PALM Phoenix canariensis 1508 FLORIBUNDA AV FRONT 1 AMERICAN SWEETGUM Liquidambar styraciflua 1508 FLORIBUNDA AV FRONT 2 ORNAMENTAL PEAR Pyrus calleryana 1512 FLORIBUNDA AV FRONT 1 RED MAPLE Acer rubrum 1512 FLORIBUNDA AV FRONT 2 TRIDENT MAPLE Acer buergeranum 1512 FLORIBUNDA AV FRONT 3 TRIDENT MAPLE Acer buergeranum 1520 FLORIBUNDA AV FRONT 1 AMERICAN SWEETGUM Liquidambar styraciflua 1520 FLORIBUNDA AV FRONT 2 AMERICAN SWEETGUM Liquidambar styraciflua 1528 FLORIBUNDA AV FRONT 1 AMERICAN SWEETGUM Liquidambar styraciflua 1528 FLORIBUNDA AV FRONT 2 SOUTHERN MAGNOLIA Magnolia grandiflora 1532 FLORIBUNDA AV FRONT 1 AMERICAN SWEETGUM Liquidambar styraciflua 501 FRANCISCO DR FRONT 3 LONDON PLANE Platanus X hispanica 501 FRANCISCO DR FRONT 4 EUROPEAN WHITE BIRCH Betula pendula 508 FRANCISCO DR FRONT 1 LONDON PLANE Platanus X hispanica 512 FRANCISCO DR FRONT 1 LONDON PLANE Platanus X hispanica 512 FRANCISCO DR FRONT 2 LONDON PLANE Platanus X hispanica 520 FRANCISCO DR FRONT 1 LONDON PLANE Platanus X hispanica 524 FRANCISCO DR FRONT 1 LONDON PLANE Platanus X hispanica 526 FRANCISCO DR FRONT 1 LONDON PLANE Platanus X hispanica 41 HIGHLAND AV SIDE 1 CHINESE TALLOW TREE Triadica sebifera 1920 HILLSIDE DR SIDE 1 LONDON PLANE Platanus X hispanica 700 HOWARD AV SIDE 1 PURPLE-LEAF PLUM Prunus cerasifera 125 700 HOWARD AV SIDE 2 STONE FRUIT Prunus spp. 700 HOWARD AV SIDE 3 PEACH Prunus persica 1210 LAGUNA AV FRONT 1 NO REPLANT No Replant 1215 LAGUNA AV FRONT 1 RED MAPLE Acer rubrum 1225 LAGUNA AV FRONT 1 SYCAMORE Platanus spp. 1229 LAGUNA AV FRONT 1 SOUTHERN MAGNOLIA Magnolia grandiflora 1233 LAGUNA AV FRONT 1 RED MAPLE Acer rubrum 1237 LAGUNA AV FRONT 1 SOUTHERN MAGNOLIA Magnolia grandiflora 1241 LAGUNA AV FRONT 1 VACANT SITE Vacant site 1245 LAGUNA AV FRONT 1 AMERICAN SWEETGUM Liquidambar styraciflua 1245 LAGUNA AV FRONT 2 ASH SPECIES Fraxinus spp. 1321 LAGUNA AV FRONT 2 TRIDENT MAPLE Acer buergeranum 1325 LAGUNA AV FRONT 1 TRIDENT MAPLE Acer buergeranum 1329 LAGUNA AV FRONT 1 SOUTHERN MAGNOLIA Magnolia grandiflora 1333 LAGUNA AV FRONT 1 VACANT SITE Vacant site 1337 LAGUNA AV FRONT 1 SOUTHERN MAGNOLIA Magnolia grandiflora 1337 LAGUNA AV FRONT 2 SOUTHERN MAGNOLIA Magnolia grandiflora 1341 LAGUNA AV FRONT 1 RED MAPLE Acer rubrum 1345 LAGUNA AV FRONT 1 EVERGREEN PEAR Pyrus kawakamii 1349 LAGUNA AV FRONT 1 SOUTHERN MAGNOLIA Magnolia grandiflora 1349 LAGUNA AV FRONT 2 SOUTHERN MAGNOLIA Magnolia grandiflora 1355 LAGUNA AV FRONT 1 TRIDENT MAPLE Acer buergeranum 1355 LAGUNA AV FRONT 2 RED MAPLE Acer rubrum 1355 LAGUNA AV FRONT 3 RED MAPLE Acer rubrum 1355 LAGUNA AV FRONT 4 RED MAPLE Acer rubrum 1411 LAGUNA AV FRONT 1 AMERICAN SWEETGUM Liquidambar styraciflua 1415 LAGUNA AV FRONT 1 SILK TREE Albizia julibrissin 1421 LAGUNA AV FRONT 1 YOSHINO CHERRY Prunus yedoensis 1423 LAGUNA AV FRONT 1 AMERICAN SWEETGUM Liquidambar styraciflua 500 MARIN DR FRONT 2 LONDON PLANE Platanus X hispanica 501 MARIN DR FRONT 1 LONDON PLANE Platanus X hispanica 528 MARIN DR FRONT 1 LONDON PLANE Platanus X hispanica 1109 MILLS AV FRONT 1 IDAHO LOCUST Robinia ambigua 'Idahoensis' 1109 MILLS AV FRONT 2 PINK LOCUST Robinia ambigua 126 1201 MILLS AV FRONT 1 LONDON PLANE Platanus X hispanica 1201 MILLS AV FRONT 2 PINK LOCUST Robinia ambigua 1205 MILLS AV FRONT 1 PINK LOCUST Robinia ambigua 1205 MILLS AV FRONT 2 LONDON PLANE Platanus X hispanica 1209 MILLS AV FRONT 1 LONDON PLANE Platanus X hispanica 1213 MILLS AV FRONT 1 RAYWOOD ASH Fraxinus angustifolia 'Raywood' 1213 MILLS AV FRONT 2 RAYWOOD ASH Fraxinus angustifolia 'Raywood' 1217 MILLS AV FRONT 1 LONDON PLANE Platanus X hispanica 1301 MILLS AV FRONT 1 SOUTHERN MAGNOLIA Magnolia grandiflora 1305 MILLS AV FRONT 1 SOUTHERN MAGNOLIA Magnolia grandiflora 1309 MILLS AV FRONT 1 WESTERN CATALPA Catalpa speciosa 1313 MILLS AV FRONT 1 WESTERN CATALPA Catalpa speciosa 1313 MILLS AV FRONT 2 WESTERN CATALPA Catalpa speciosa 1405 MILLS AV FRONT 1 AMERICAN SWEETGUM Liquidambar styraciflua 1409 MILLS AV FRONT 1 SYCAMORE Platanus spp. 1409 MILLS AV FRONT 2 SYCAMORE Platanus spp. 1031 MORRELL AV SIDE 1 SYCAMORE Platanus spp. 1031 MORRELL AV SIDE 2 VACANT SITE Vacant site 1500 NEWLANDS AV FRONT 1 LONDON PLANE Platanus X hispanica 1500 NEWLANDS AV FRONT 2 LONDON PLANE Platanus X hispanica 1500 NEWLANDS AV FRONT 3 LONDON PLANE Platanus X hispanica 1528 NEWLANDS AV FRONT 2 LONDON PLANE Platanus X hispanica 1532 NEWLANDS AV FRONT 1 LONDON PLANE Platanus X hispanica 1540 NEWLANDS AV FRONT 1 LONDON PLANE Platanus X hispanica 1540 NEWLANDS AV FRONT 2 LONDON PLANE Platanus X hispanica 1540 NEWLANDS AV FRONT 3 LONDON PLANE Platanus X hispanica 1546 NEWLANDS AV FRONT 1 LONDON PLANE Platanus X hispanica 1546 NEWLANDS AV FRONT 2 LONDON PLANE Platanus X hispanica 1548 NEWLANDS AV FRONT 1 LONDON PLANE Platanus X hispanica 1551 NEWLANDS AV FRONT 1 LONDON PLANE Platanus X hispanica 1201 OAK GROVE AV FRONT 1 RED OAK Quercus rubra 1209 OAK GROVE AV FRONT 1 RED OAK Quercus rubra 1210 OAK GROVE AV FRONT 1 SCARLET OAK Quercus coccinea 1217 OAK GROVE AV FRONT 1 RED OAK Quercus rubra 127 1217 OAK GROVE AV FRONT 2 RED OAK Quercus rubra 1221 OAK GROVE AV FRONT 2 RED OAK Quercus rubra 1225 OAK GROVE AV FRONT 1 RED OAK Quercus rubra 1235 OAK GROVE AV FRONT 1 RED OAK Quercus rubra 1239 OAK GROVE AV FRONT 1 RED OAK Quercus rubra 1239 OAK GROVE AV FRONT 2 RED OAK Quercus rubra 1245 OAK GROVE AV FRONT 1 RED OAK Quercus rubra 1245 OAK GROVE AV FRONT 2 RED OAK Quercus rubra 1265 OAK GROVE AV FRONT 1 RED OAK Quercus rubra 1269 OAK GROVE AV FRONT 1 RED OAK Quercus rubra 1275 OAK GROVE AV FRONT 1 RED OAK Quercus rubra 1285 OAK GROVE AV FRONT 1 RED OAK Quercus rubra 1285 OAK GROVE AV FRONT 2 RED OAK Quercus rubra 1407 OAK GROVE AV FRONT 1 CHINESE TALLOW TREE Triadica sebifera 1419 OAK GROVE AV FRONT 1 CRAPE MYRTLE Lagerstroemia indica 1449 OAK GROVE AV REAR 1 RED OAK Quercus rubra 1457 OAK GROVE AV FRONT 1 AUSTRALIAN WILLOW Geijera parviflora 1459 OAK GROVE AV FRONT 1 RED OAK Quercus rubra 1463 OAK GROVE AV FRONT 1 RED OAK Quercus rubra 1491 OAK GROVE AV FRONT 1 VACANT SITE Vacant site 1493 OAK GROVE AV FRONT 1 RED OAK Quercus rubra 101 OCCIDENTAL AV FRONT 1 LONDON PLANE Platanus X hispanica 105 OCCIDENTAL AV FRONT 1 LONDON PLANE Platanus X hispanica 109 OCCIDENTAL AV FRONT 1 LONDON PLANE Platanus X hispanica 109 OCCIDENTAL AV FRONT 2 LONDON PLANE Platanus X hispanica 115 OCCIDENTAL AV FRONT 1 LONDON PLANE Platanus X hispanica 115 OCCIDENTAL AV FRONT 2 LONDON PLANE Platanus X hispanica 117 OCCIDENTAL AV FRONT 1 LONDON PLANE Platanus X hispanica 117 OCCIDENTAL AV FRONT 2 LONDON PLANE Platanus X hispanica 121 OCCIDENTAL AV FRONT 1 LONDON PLANE Platanus X hispanica 121 OCCIDENTAL AV FRONT 2 LONDON PLANE Platanus X hispanica 125 OCCIDENTAL AV FRONT 1 LONDON PLANE Platanus X hispanica 125 OCCIDENTAL AV FRONT 2 LONDON PLANE Platanus X hispanica 129 OCCIDENTAL AV FRONT 1 LONDON PLANE Platanus X hispanica 128 129 OCCIDENTAL AV FRONT 2 LONDON PLANE Platanus X hispanica 133 OCCIDENTAL AV FRONT 1 LONDON PLANE Platanus X hispanica 139 OCCIDENTAL AV FRONT 1 LONDON PLANE Platanus X hispanica 139 OCCIDENTAL AV FRONT 2 LONDON PLANE Platanus X hispanica 141 OCCIDENTAL AV FRONT 1 LONDON PLANE Platanus X hispanica 145 OCCIDENTAL AV FRONT 1 LONDON PLANE Platanus X hispanica 149 OCCIDENTAL AV FRONT 1 LONDON PLANE Platanus X hispanica 149 OCCIDENTAL AV FRONT 2 LONDON PLANE Platanus X hispanica 153 OCCIDENTAL AV FRONT 1 LONDON PLANE Platanus X hispanica 157 OCCIDENTAL AV FRONT 1 LONDON PLANE Platanus X hispanica 157 OCCIDENTAL AV FRONT 2 LONDON PLANE Platanus X hispanica 211 OCCIDENTAL AV FRONT 1 LONDON PLANE Platanus X hispanica 245 OCCIDENTAL AV FRONT 1 LONDON PLANE Platanus X hispanica 245 OCCIDENTAL AV FRONT 2 ORNAMENTAL PEAR Pyrus calleryana 300 OCCIDENTAL AV FRONT 1 LONDON PLANE Platanus X hispanica 300 OCCIDENTAL AV FRONT 2 LONDON PLANE Platanus X hispanica 300 OCCIDENTAL AV FRONT 3 LONDON PLANE Platanus X hispanica 300 OCCIDENTAL AV FRONT 4 LONDON PLANE Platanus X hispanica 300 OCCIDENTAL AV FRONT 5 LONDON PLANE Platanus X hispanica 340 OCCIDENTAL AV FRONT 1 LONDON PLANE Platanus X hispanica 344 OCCIDENTAL AV FRONT 1 LONDON PLANE Platanus X hispanica 344 OCCIDENTAL AV FRONT 2 LONDON PLANE Platanus X hispanica 344 OCCIDENTAL AV FRONT 3 LONDON PLANE Platanus X hispanica 1101 OXFORD RD SIDE 1 SOUTHERN MAGNOLIA Magnolia grandiflora 1101 OXFORD RD SIDE 2 SOUTHERN MAGNOLIA Magnolia grandiflora 1101 OXFORD RD SIDE 3 SOUTHERN MAGNOLIA Magnolia grandiflora 1112 PALM DR FRONT 1 SOUTHERN MAGNOLIA Magnolia grandiflora 1112 PALM DR FRONT 2 LONDON PLANE Platanus X hispanica 1116 PALM DR FRONT 1 SYCAMORE Platanus spp. 1116 PALM DR FRONT 2 LONDON PLANE Platanus X hispanica 1120 PALM DR FRONT 1 LONDON PLANE Platanus X hispanica 1124 PALM DR FRONT 1 LONDON PLANE Platanus X hispanica 1128 PALM DR FRONT 1 LONDON PLANE Platanus X hispanica 1132 PALM DR FRONT 1 LONDON PLANE Platanus X hispanica 129 1133 PALM DR FRONT 1 VACANT SITE Vacant site 1136 PALM DR FRONT 1 LONDON PLANE Platanus X hispanica 1140 PALM DR FRONT 1 LONDON PLANE Platanus X hispanica 1140 PALM DR FRONT 2 LONDON PLANE Platanus X hispanica 1144 PALM DR FRONT 1 AMERICAN SWEETGUM Liquidambar styraciflua 1204 PALM DR FRONT 1 LONDON PLANE Platanus X hispanica 1204 PALM DR FRONT 2 LONDON PLANE Platanus X hispanica 1208 PALM DR FRONT 1 LONDON PLANE Platanus X hispanica 1208 PALM DR FRONT 2 LONDON PLANE Platanus X hispanica 1308 PALM DR FRONT 1 CRAPE MYRTLE Lagerstroemia indica 1312 PALM DR FRONT 1 LONDON PLANE Platanus X hispanica 1316 PALM DR FRONT 1 LONDON PLANE Platanus X hispanica 1316 PALM DR FRONT 2 LONDON PLANE Platanus X hispanica 1404 PALM DR FRONT 1 MAYTEN TREE Maytenus boaria 1404 PALM DR FRONT 2 MAYTEN TREE Maytenus boaria 1408 PALM DR FRONT 1 LONDON PLANE Platanus X hispanica 1408 PALM DR FRONT 2 LONDON PLANE Platanus X hispanica 1421 PALM DR FRONT 1 LONDON PLANE Platanus X hispanica 1429 PALM DR FRONT 1 LONDON PLANE Platanus X hispanica 1430 PALM DR FRONT 1 LONDON PLANE Platanus X hispanica 1430 PALM DR FRONT 2 LONDON PLANE Platanus X hispanica 1430 PALM DR FRONT 3 LONDON PLANE Platanus X hispanica 1430 PALM DR FRONT 4 LONDON PLANE Platanus X hispanica 1430 PALM DR FRONT 5 LONDON PLANE Platanus X hispanica 49 PARK RD SIDE 1 FLOWERING PLUM Prunus blireiana 49 PARK RD SIDE 2 FLOWERING PLUM Prunus blireiana 1104 SANCHEZ AV FRONT 1 LONDON PLANE Platanus X hispanica 1104 SANCHEZ AV FRONT 2 LONDON PLANE Platanus X hispanica 1108 SANCHEZ AV FRONT 1 LONDON PLANE Platanus X hispanica 1112 SANCHEZ AV FRONT 1 VACANT SITE Vacant site 1120 SANCHEZ AV FRONT 1 VACANT SITE Vacant site 1120 SANCHEZ AV FRONT 2 VACANT SITE Vacant site 1202 SANCHEZ AV FRONT 1 LONDON PLANE Platanus X hispanica 1208 SANCHEZ AV FRONT 1 LONDON PLANE Platanus X hispanica 130 1212 SANCHEZ AV FRONT 1 LONDON PLANE Platanus X hispanica 1220 SANCHEZ AV FRONT 1 AMERICAN SWEETGUM Liquidambar styraciflua 1220 SANCHEZ AV FRONT 2 SOUTHERN MAGNOLIA Magnolia grandiflora 1220 SANCHEZ AV FRONT 3 CHINESE TALLOW TREE Triadica sebifera 1220 SANCHEZ AV FRONT 4 SOUTHERN MAGNOLIA Magnolia grandiflora 1220 SANCHEZ AV FRONT 5 MAIDENHAIR TREE Ginkgo biloba 1220 SANCHEZ AV SIDE 1 MAIDENHAIR TREE Ginkgo biloba 1300 SANCHEZ AV FRONT 1 LONDON PLANE Platanus X hispanica 1308 SANCHEZ AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 1308 SANCHEZ AV FRONT 2 BLOODGOOD PLANE Platanus X hispanica 'Bloodgood' 1312 SANCHEZ AV FRONT 1 LONDON PLANE Platanus X hispanica 1316 SANCHEZ AV FRONT 1 LONDON PLANE Platanus X hispanica 1332 SANCHEZ AV FRONT 1 LONDON PLANE Platanus X hispanica 1336 SANCHEZ AV FRONT 1 LONDON PLANE Platanus X hispanica 1340 SANCHEZ AV FRONT 1 LONDON PLANE Platanus X hispanica 1344 SANCHEZ AV FRONT 1 LONDON PLANE Platanus X hispanica 1349 SANCHEZ AV FRONT 1 LONDON PLANE Platanus X hispanica 1404 SANCHEZ AV FRONT 1 LONDON PLANE Platanus X hispanica 1404 SANCHEZ AV FRONT 2 LONDON PLANE Platanus X hispanica 1408 SANCHEZ AV FRONT 1 VACANT SITE Vacant site 1412 SANCHEZ AV FRONT 1 LONDON PLANE Platanus X hispanica 1418 SANCHEZ AV FRONT 1 LONDON PLANE Platanus X hispanica 1420 SANCHEZ AV FRONT 1 VACANT SITE Vacant site 1700 SHERMAN AV FRONT 1 SOUTHERN MAGNOLIA Magnolia grandiflora 1700 SHERMAN AV FRONT 2 SOUTHERN MAGNOLIA Magnolia grandiflora 1700 SHERMAN AV FRONT 3 SOUTHERN MAGNOLIA Magnolia grandiflora 1700 SHERMAN AV FRONT 4 SOUTHERN MAGNOLIA Magnolia grandiflora 1720 SHERMAN AV FRONT 1 CRAPE MYRTLE Lagerstroemia indica 1720 SHERMAN AV FRONT 2 CRAPE MYRTLE Lagerstroemia indica 1720 SHERMAN AV FRONT 3 CRAPE MYRTLE Lagerstroemia indica 1720 SHERMAN AV FRONT 4 CRAPE MYRTLE Lagerstroemia indica 1720 SHERMAN AV FRONT 5 CRAPE MYRTLE Lagerstroemia indica 1720 SHERMAN AV FRONT 6 CRAPE MYRTLE Lagerstroemia indica 1720 SHERMAN AV FRONT 7 CRAPE MYRTLE Lagerstroemia indica 131 1720 SHERMAN AV FRONT 8 CRAPE MYRTLE Lagerstroemia indica 37 STANLEY RD FRONT 2 AMERICAN SWEETGUM Liquidambar styraciflua 40 STANLEY RD FRONT 2 AMERICAN SWEETGUM Liquidambar styraciflua 40 STANLEY RD SIDE 1 MAIDENHAIR TREE Ginkgo biloba 117 STANLEY RD FRONT 1 RED MAPLE Acer rubrum 121 STANLEY RD FRONT 1 TULIP TREE Liriodendron tulipifera 129 STANLEY RD FRONT 1 TULIP TREE Liriodendron tulipifera 133 STANLEY RD FRONT 1 TULIP TREE Liriodendron tulipifera 133 STANLEY RD FRONT 2 TULIP TREE Liriodendron tulipifera 137 STANLEY RD FRONT 1 TULIP TREE Liriodendron tulipifera 137 STANLEY RD FRONT 2 TULIP TREE Liriodendron tulipifera 209 STANLEY RD FRONT 1 TULIP TREE Liriodendron tulipifera 213 STANLEY RD FRONT 1 CHINESE TALLOW TREE Triadica sebifera 217 STANLEY RD FRONT 1 TULIP TREE Liriodendron tulipifera 221 STANLEY RD FRONT 1 TULIP TREE Liriodendron tulipifera 221 STANLEY RD FRONT 2 TRIDENT MAPLE Acer buergeranum 221 STANLEY RD FRONT 3 TULIP TREE Liriodendron tulipifera 225 STANLEY RD FRONT 1 VACANT SITE Vacant site 229 STANLEY RD FRONT 1 TULIP TREE Liriodendron tulipifera 229 STANLEY RD FRONT 2 TRIDENT MAPLE Acer buergeranum 1104 VANCOUVER AV FRONT 1 GOLDENRAIN TREE Koelreuteria paniculata 1104 VANCOUVER AV FRONT 2 GOLDENRAIN TREE Koelreuteria paniculata 1108 VANCOUVER AV FRONT 1 TRIDENT MAPLE Acer buergeranum 1112 VANCOUVER AV FRONT 1 GOLDENRAIN TREE Koelreuteria paniculata 1112 VANCOUVER AV FRONT 2 SOUTHERN MAGNOLIA Magnolia grandiflora 1116 VANCOUVER AV FRONT 1 WESTERN CATALPA Catalpa speciosa 1116 VANCOUVER AV FRONT 2 WESTERN CATALPA Catalpa speciosa 1120 VANCOUVER AV FRONT 1 TRIDENT MAPLE Acer buergeranum 1120 VANCOUVER AV FRONT 2 WESTERN CATALPA Catalpa speciosa 1486 VANCOUVER AV SIDE 1 LONDON PLANE Platanus X hispanica 1486 VANCOUVER AV SIDE 2 LONDON PLANE Platanus X hispanica 1486 VANCOUVER AV SIDE 3 ORNAMENTAL PEAR Pyrus calleryana 1486 VANCOUVER AV SIDE 4 PURPLE-LEAF PLUM Prunus cerasifera 600 VERNON WY FRONT 1 RED OAK Quercus rubra 132 719 WINCHESTER DR FRONT 1 LONDON PLANE Platanus X hispanica 723 WINCHESTER DR FRONT 1 SYCAMORE Platanus spp. 727 WINCHESTER DR FRONT 1 LONDON PLANE Platanus X hispanica 731 WINCHESTER DR FRONT 1 LONDON PLANE Platanus X hispanica 735 WINCHESTER DR FRONT 1 LONDON PLANE Platanus X hispanica 739 WINCHESTER DR FRONT 1 LONDON PLANE Platanus X hispanica 743 WINCHESTER DR FRONT 1 LONDON PLANE Platanus X hispanica 747 WINCHESTER DR FRONT 1 LONDON PLANE Platanus X hispanica 751 WINCHESTER DR FRONT 1 LONDON PLANE Platanus X hispanica 755 WINCHESTER DR FRONT 1 VACANT SITE Vacant site 801 WINCHESTER DR FRONT 1 LONDON PLANE Platanus X hispanica 805 WINCHESTER DR FRONT 1 LONDON PLANE Platanus X hispanica 808 WINCHESTER DR FRONT 3 LONDON PLANE Platanus X hispanica 809 WINCHESTER DR FRONT 1 LONDON PLANE Platanus X hispanica 813 WINCHESTER DR FRONT 1 LONDON PLANE Platanus X hispanica 817 WINCHESTER DR FRONT 1 LONDON PLANE Platanus X hispanica 821 WINCHESTER DR FRONT 1 LONDON PLANE Platanus X hispanica 133 1 BURLINGAME BEAUTIFICATION COMMISSION Final Minutes March 6, 2025 The regularly scheduled meeting of the Beautification Commission was called to order at 6:30 p.m. by Chair Chu. ROLL CALL Present: Chair Chu, Commissioners Bauer, Damico, and Kirchner Absent: Commissioner Batte Staff: Parks & Recreation Director Glomstad, Parks Superintendent/City Arborist Holtz, Parks Supervisor Burow, and Recording Secretary Flores Others: None MINUTES None CORRESPONDENCE None PUBLIC COMMENT Jennifer Pfaff, Burlingame Historical Society member, reported that the didactic panels previously presented to the Commission arrived at the Community Center, and installation, dependent on Parks Staff availability, will be the next step. PRESENTATION None OLD BUSINESS 1. Landscape Award Update Commissioner Kirchner provided the rest of the Commissioners with a list of all previous Residential Sustainability Landscape Award, Business Landscape Award, and Multi-Family Landscape Award winners. NEW BUSINESS 1. Discussion of Themed Block Utility Conflicts and Potential Revisions to the Themed Block Lists Arborist Holtz presented the staff report. He explained that the specific concern that Council Member Brownrigg brought forth was the consideration of changes to planting large canopy trees under utility lines. Currently, the City’s Themed Block List’s designated species take precedence over the Primary Utility Line Street Tree Plant List. Arborist Holtz stated that utility conflict trees grow to heights that interfere with overhead primary electrical conductors or have root infrastructure that interferes with underground gas transmission lines. He confirmed that the primary concern is the overhead conductors, where topping or directional pruning occurs. Further, although staff receive calls about sewer and water conflicts, they are not typically of significant consequence. Arborist Holtz explained that utility companies that practice directional pruning will not allow tree branches to overhang the top of their lines, which prevents the tree from enveloping and coming back together. He 134 2 stated that the City experiences more topping situations, which require City staff to conduct side pruning to ensure that the required clearances are met. Large canopy trees repeatedly topped due to utility pruning experience injuries that aren’t allowed to heal, and decay may spread further down the trunk. Also, whole branches may fail because they are constantly stripped of leaves. Arborist Holtz stated that the large canopy species on the Themed Block List are Red Maple, Red Oak, and Sycamore trees. According to the City’s tree inventory, there are approximately 2500 Themed Block tree sites, 600 located at sites with primary utilities. Further, approximately 300 of those trees are large canopy trees that present primary utility conflicts. Arborist Holtz stated that the Commission may choose to leave the Themed Block List unchanged but also presented the revision opportunities to modernize the City’s policy. He shared a depiction from the Arbor Day Foundation that shows trees planted under utility lines at a mature height of 25 feet or less. Commissioner Bauer asked whether it was possible to select trees that were smaller yet similar species to the Themed street they would be planted on instead of giving property owners several choices from the approved Primary Utility Street Tree List. Arborist Holtz confirmed that it was an option and provided an example of planting Trident Maple trees on Red Maple Themed Blocks on the side of the streets where overhead utility conflicts exist. He explained that staff could gather more information on suitable and similar alternatives to bring back to the Commission for further consideration. Also, he explained to the Commission the availability of growth regulators to limit response growth; however, he would not recommend their use, stating it would be a significant number of applications to apply the chemicals. Arborist Holtz spoke of previous plans to work with PG&E using growth regulators along Airport Boulevard for the Sycamore trees planted under utilities. However, PG&E felt that due to their experience in other areas, it was not worth the labor to do so. Supervisor Burow confirmed that PG&E’s previous experience using the growth regulators did not work at the level they wanted them to or did not work at all, so they removed them as an option altogether. Arborist Holtz confirmed with Commissioner Bauer that her suggestion of having a smaller alternative was valid, and staff could investigate options more in-depth for the three large canopy tree species where utility conflicts are most seen. Commissioner Kirchner inquired about the estimated time frame for the change to occur for the Themed trees under utility lines. Arborist Holtz stated that the majority would likely be replanted within 50 years. Commissioner Kirchner asked for confirmation that the Themed portion of the ordinance was not up for discussion but instead only the Themed trees under utility lines. City Arborist Holtz confirmed. Commissioner Damico asked whether the option in the staff report allowing property owners to pick their replacement tree for sites under utility was from a specific list of Themed trees. Arborist Holtz confirmed that the second option would allow property owners to select from the approved Primary Utility Street Tree List shown on Exhibit D. Chair Chu asked if a smaller tree could have more biomass than a larger canopy tree that is continually topped and reduced in size. Arborist Holtz stated that having large trees pruned yearly negates the environmental benefit of the tree. Although he is unsure if a smaller tree would have a greater biomass, it may have a net positive effect versus a larger tree that requires significant maintenance. Chair Chu opened the floor to Public Comment. Alice Davis, a Burlingame resident, spoke in favor of changing Themed Blocks with utility conflicts. As a resident of Sanchez, she experienced the removal of two Liquidambar trees by PG&E due to an 135 3 underground gas line conflict and a chronic threat to the overhead utility lines. She stated that the roots were very destructive to the sidewalk, landscaping, and hardscape of her front yard. The Parks Division staff reached out to her regarding planting the replacement street trees, and she was originally told that she could pick a species from the approved Primary Utility Line Street Tree List. Later, it was discovered that she was a part of Themed Block, and two Sycamore trees would be planted instead of her choice of smaller canopy tree. She expressed her strong protest against the planting of the two Sycamore replacement trees. Due to her allotted speaking time running out, Ms. Davis provided the rest of her notes to be shared with the Commission. Jennifer Pfaff, Themed Block resident, spoke in favor of keeping the Themed Block policy unchanged. She spoke of her concern about the general degradation of Burlingame’s City of Trees designation and lamented the issue of losing large trees because there is no room left for trees to be planted on developed lots. Ms. Pfaff inquired about the possibility of planting large trees similar to the Citriodora on Easton in a toggled manner to help avoid future utility issues. Lastly, she stated that many Sycamore trees were pollarded when they were first planted and asked whether that was an option for the side of the Themed streets located under utility lines. Cathy Baylock, former Council Member and Themed Block resident, spoke in favor of keeping large canopy trees on Themed Blocks, such as the Sycamore trees on Newlands Avenue. She stated that the quasi- pollarding method used on the side of Newlands Avenue under utility lines has worked and created shorter trees on one side of the street. Although Sycamore trees are not the most aesthetic tree, she spoke highly of the conformity of a Sycamore Themed street. It would be a mistake not to find a way to continue pruning them to keep them out of the utility lines and said that the trees have managed well against these hard pruning methods. Constance Quirk, a Burlingame resident of Lexington Way, spoke in favor of keeping the Themed Block policy unchanged. With the extensive development the City is experiencing, she appreciates the softness that Themed Blocks bring to overdeveloped areas. She also stated her appreciation to City staff for all the maintenance work. Stephanie Lee, a Bloomfield Road resident, loves the appearance of Themed streets but spoke in favor of modifying the Themed Block with a utility conflict with an option such as the one suggested by Commissioner Bauer of a similar tree to that of the rest of the Themed Block but on a smaller scale, allowing for the continuation of the Themed visual. She expressed concern about Themed streets having a species specific Themed that could wipe out all the trees. Also, she inquired whether the City was aware of any plans to underground utilities by PG&E that would allow the City to keep large canopy trees. Chair closed Public Comment. Arborist Holtz addressed comments posed during Public Comment. He stated that a monoculture is a drawback to a Themed Block area and is always a concern. He spoke of the Polyphagus Shot-Hole Borer currently affecting Sycamore trees in San Jose, which warrants more research. Further, he confirmed that he is unaware of any PG&E plans for underground utilities aside from the City’s efforts to purchase credits for El Camino Real. Residential areas are not a high priority for PG&E. Arborist Holtz confirmed that Easton Drive is not up for discussion but confirmed that Easton Drive planter strips are uniquely large and the option to move or plant trees in such a manner is not available on other streets with the standard planter 136 4 strip size. Lastly, he explained that the pruning practice of pollarding that occurred in the City through the 1960s-1980s is still an approved pruning standard through the ISA and ANSI, although very labor intensive and not a practice he would recommend. When you pollard a tree, it forces a growth of smaller branches to push out very fast, and the growth could be poorly attached. He explained that Sycamore trees have done very well in retraining themselves with strong attachments. He would be very concerned if this pruning method were done on an Oak or Eucalyptus tree because the attachments would be weakly attached and have a greater likelihood of failure. Commissioner Damico inquired about a specific correspondence that was sent via email that referenced the hardship property owners face due to added yard maintenance and debris removal costs . Arborist Holtz stated that he has communicated with the property owner who sent the referenced email and summarized her concerns about leaves clogging gutters and miscellaneous debris, such as twigs and leaves dropping in the fall on the lawn. He confirmed that the City does not assist with yard maintenance, and it falls on the property owner to maintain any debris on their private property, although the street sweeper does take care of leaves left in the street. He explained that the community values the importance and benefits of trees and understands that there may be inconveniences that arise because of large trees. Commissioner Damico asked about the probability of a species specific disease infecting a species in Burlingame today and whether it will be a bigger concern in the future. Arborist Holtz confirmed a possibility and increased risk when there are greater concentrations of the same tree species. However, the probability of this being a current issue or concern is lower, with the exception of the Polyphagous Shot-Hole Borer currently affecting sycamore trees in higher numbers and thus represents an elevated risk. Supervisor Burow shared what she has learned about the shot hole borer and noted that a Palm pest is currently affecting San Diego. Commissioner Chu inquired about planting in a toggled manner and whether that is an option to help trees grow and bypass utility lines. Arborist Holtz confirmed that shifting sidewalks away from power lines to plant trees is unique to Easton because of the wide planter strips. Further, he explained that PG&E would likely not agree with directional pruning that allows the tree to come back and grow over the utility lines because their primary concern is to protect their asset. Supervisor Burow confirmed that few approved trees are allowed to grow next to power lines such as Redwood and types of cedar trees, because once they are trimmed, they will not continue to grow back in that area, and the risk of a limb falling on a line is significantly reduced. In most other cases, PG&E will top the tree because it is easier. Chair Chu reiterated that the Commission may choose to leave the current policy as it stands, modify the Themed tree only in the locations with utility conflicts, or give homeowners with utility conflict options from the approved Primary Utility Line Street Tree List. Commissioner Kirchner asked for further clarification on whether the smaller option tree under utility lines could also be a Themed species. Chair Chu confirmed that is how the second option is defined. Commissioner Bauer stated that she favors the appearance of Themed streets, as she imagines many residents do. She is not in favor of letting a homeowner on a Themed Block with utility conflict pick a replacement tree from the approved street tree list and is inclined to support a smaller Themed species for the Themed street areas in the affected areas to ensure a cohesive look. Commissioner Damico asked if finding a similar smaller version of the three large canopy species causing utility conflicts was feasible. Arborist Holtz stated that staff are not currently familiar with the available options and whether they would make suitable alternatives, but staff can research further and come back with more information and options for the Commission to view and discuss. He understands the passion Themed Blocks invokes in residents, and although he does not want to prolong the subject, he wants to ensure due diligence is performed on the matter, and additional staff research is a feasible ask. 137 5 Commissioner Chu stated that if a smaller species similar in look is not found, there could still be a smaller species that harmonizes with the rest of the Themed Block. Commissioner Bauer also reflected on the solution this may be for the possible pest problem because it breaks up only one species. Commissioner Kirchner expressed his inclination to keep the Themed Block ordinance in its current state and not make any changes, dealing with any issues as they arise. Commissioner Bauer stated that utility conflicts were a current issue. Commissioner Kirchner questioned whether it was a big enough issue to warrant a change. Commissioner Damico stated that it may become a bigger issue in the coming months or years and would prefer to continue the discussion and make a recommendation to the Council. Director Glomstad suggested Arborist Holtz come back with one to two replacement options for the three large canopy Themed Block tree species causing utility conflicts. Commissioner Bauer agreed it would be helpful to see visuals of the possible replacement species and proposed the item be brought back for discussion at a future meeting. Chair Chu made a motion to postpone the discussion to allow City Arborist Holtz to present similar and smaller trees as suitable replacements for the large canopy Themed Block species experiencing utility conflicts. The motion was seconded by Commissioner Bauer and was approved. 4-0-1 REPORTS Arborist Holtz reported that the largest of the two private trees discussed during the February meeting as part of the appeal to the Private Tree Removal Application filed by 1325 El Camino Real failed eight days after the meeting. It was caught failing and was removed before it hit any structure. The appellant and neighboring property that claimed ownership filed an emergency tree removal application, and a permit was issued retroactively. Also, he reminded the Commission of the Arbor Day celebration scheduled for Thursday, March 13, 2025, at 11 a.m. at Murray Field. Supervisor Burow reported removing a Western Catalpa City tree on Balboa that involved bees and explained the process taken to remove and relocate the bees safely before the removal. Arborist Holtz explained that the resident was very concerned with the possibility of losing the tree and that efforts were exhausted to try and retain the tree, but it was structurally compromised, and the likelihood of failure was significant. Commissioner Kirchner inquired about the measurement taken for a tree with multiple trunks to determine if it is a protected-sized tree. Arborist Holtz confirmed that the City ordinance states that the measurement is taken where the multiple trunks attach, typically closer to the base. Commissioner Kirchner thanked Commissioner Bauer for providing her edits to the Trees of Burlingame book. Further, he provided a partial list of significant Burlingame trees that could be included in the publication. He asked for any additions to be sent his way. UPCOMING AGENDA ITEMS None ADJOURNMENT There being no further business, the meeting adjourned at 7:37 p.m. The next Beautification Commission meeting is scheduled for April 3, 2025. 138 6 Respectfully submitted, Veronica Flores Veronica Flores Recording Secretary 139 STAFF REPORT To: Date: From: Subject: Beautification Commission May 1, 2025 Richard Holtz, Parks Superintendent/City Arborist (650) 558-7333 Carlie Burow, Parks Supervisor (650) 558-7335 Discussion of Themed Block Utility Conflicts and Potential Revisions to the Theme Block Lists RECOMMENDATION Staff recommend the Commission review the staff report, receive public comment, and approve one of the following options: •Modify Themed Block plantings that create Utility Conflicts by designating a new Themed Species for locations in conflict •Modify Themed Block plantings that create Utility Conflicts by allowing property-owners to select from the City’s tree list for Primary Utilities for locations in conflict •Leave current Themed Block designation as is BACKGROUND On March 6, 2025, staff presented a discussion of Themed Block Utility Conflicts (Exhibit A). The Commission received public comment and discussed potential revisions related to Themed Blocks (Exhibit B). The primary utility conflicts with Themed Block designated species occur with Red Maples (Acer rubrum), Red Oaks (Quercus rubra), and London Planetrees (Platanus acerifolia) growing to heights that present safety issues with overhead primary electrical conductors. The result is a topped tree that cannot grow to its intended form and requires frequent inputs in the forms of inspections and utility pruning by utility contractors, followed by corrective pruning from City staff. The culmination of this discussion was that staff was directed to further research the possibility of designating species that would not present utility conflict in the future but would still retain the look and feel of existing Themed block designations that do present utility conflict issues. DISCUSSION 140 Staff have researched alternative species that may resemble existing features of the current designated Themed Block Species that present overhead utility conflict. These species are generally shorter in stature and should not exceed a height of 25’. Red Maple Replacement Options The current Red Maple is a fast-growing upright tree. The tree has a smooth, grey-colored bark. Leaves are green in the spring and summer and turn red with the fall leaf drop. Being a maple, this species has a moderate need for water and can have aggressive rooting. The Red maple typically grows to heights of 40-60’. One alternative tree to consider is the Shangtung Maple (Acer truncatum) (Exhibit C). This specimen grows to a height of 25’ and has been recommended by some nurseries as a street tree under electrical utility wires. This tree also has green leaves in the spring and summer, though these leaves appear glossy compared to the Dull green of the Red Maple. The Shangtung Maple also has bright red leaves in the fall and is pest and disease- resistant. This species is available from one of the local wholesale tree suppliers. The Moosebark Maple (Acer pensylvanicum) is a smaller stature maple native to the Eastern United States. This specimen can often take on a more shrubbery form. Spring and summer leaves are dull green, which matches the appearance of a Red Maple. However, fall leaves become yellow. This tree is also prone to sun scorch in areas of full sun. This species was unable to be sourced locally. Red Oak Replacement Options The current Red Oak grows at a moderate pace. This specimen tends to grow in broad form, eventually reaching heights that present overhead utility conflict. This species is deciduous, with green leaves in the spring and summer that turn brown in the fall. One smaller oak species that may appear similar is the Gambel Oak (Quercus gambelli) (Exhibit D). The Gambel Oak is native to the Southwest. It often appears shrubby in its natural form. This species will require significant training and pruning by staff to establish itself as a street tree in the urban environment. The Gambel Oak is susceptible to fungal diseases anthracnose and powdery mildew, similar to Red Oaks. The Gambel oak produces green leaves in the Spring and Summer that turn brown in the fall. This species can be sourced through a local wholesale nursery. Another alternative is the Dwarf Chinkapin Oak (Quercus prinoides). This species is a smaller-stature species native to the Eastern United States. These trees produce a heavy crop of acorns starting at a young age. These trees do not tolerate root pruning well. Spring and summer leaves are oval-shaped and green in color. Fall leaves turn brown. This species is not readily available from local wholesale suppliers. London Planetree The current London Planetree is a fast-growing upright tree that can reach heights of 80’. The City currently plants the ‘Columbia’ variety as these have the greatest disease resistance to the common fungal diseases anthracnose and powdery mildew. These trees have strong vertical growth, often presenting utility conflict within 5 years. Aplen’s Globe Planetree (Platanus acerifolia ‘Alpen’s Globe’) is a dwarf variety planetree (Exhibit E). This is a newly developed European variety. This variety mimics the same look as the current Planetrees existing in Burlingame but is grafted to a dwarfing rootstock to limit the tree's growth. We have been unable to source this species in the United States. Another variety researched is the Platanus acerifolia ‘Mirkovec’. This 141 is another European variety with similar attributes desired. It, too, cannot be sourced in the United States. If no suitable smaller-stature Planetree is available, an alternative maple species as listed above could be considered. Staff have had difficulty sourcing trees that were once readily available. Staff consults with four local wholesale nurseries to bulk purchase Street trees. In the last several years, the nursery industry has shifted priorities to focus on providing species in the highest demand. Trees that were once readily available are seemingly nowhere to be found locally. This leaves staff ordering small saplings from out of state and growing them in the Parks Yard nursery. The result is smaller specimens being planted in designated Themed Block areas and greater staff time procuring and growing Themed Block Species. In preparation for the Thursday, May 1, 2025 Beautification Commission Meeting, the City has noticed this subject via the City E-news, social media, and mailing to over 3,700 residents and property owners that live in Themed Block areas. The cost of this mailing was over $1,700. FISCAL IMPACT The fiscal impact will likely be lower long-term costs due to the increased maintenance and removal needs of trees in conflict with utilities. However, costs of procuring and planting designated Themed Block species may increase depending on the species designated by the Commission. EXHIBITS A. March 6, 2025 Staff Report B. Draft Minutes of the March 6, 2025 Beautification Commission Meeting C. Shangtung Maple Data Sheet D. Gambel Oak Data Sheet E. Alphen’s Globe Planetree Data Sheet 142 STAFF REPORT To: Beautification Commission Date: March 6, 2025 From: Richard Holtz, Parks Superintendent/City Arborist (650) 558-7333 Carlie Burow, Parks Supervisor (650) 558-7335 Subject: Discussion of Themed Block Utility Conflicts and Potential Revisions to the Theme Block Lists RECOMMENDATION Staff recommends the Commission review the staff report, receive public comment, and approve one of the following options: •Modify Themed Block plantings that create Utility Conflicts by designating a new Themed Species for locations in conflict. •Modify Themed Block plantings that create Utility Conflicts by allowing property owners to select from the City’s tree list for Primary Utilities for locations in conflict. •Leave current Themed Block designation as is. BACKGROUND A street tree Themed Block is a block in which one dominant species of street tree is established and maintained indefinitely. Once a themed block is established and a tree is removed for any reason, the tree would be replaced with a tree of the established theme species. Themed Blocks were originally established during the development phase of certain neighborhoods. The concept was memorialized when the idea for establishing Themed Blocks was first introduced to the Council by two interested citizens who wanted to help maintain the historic and aesthetic look and feel of several blocks with a dominant tree species. The idea was referred to the Beautification Commission for consideration. In April 2008, the Beautification Commission heard the proposal, which included discussion on several topics, including the following: width of available planting areas, altering current planting lists, changing how street trees are selected by district/block/neighborhood, (re)introducing the concept of a dominant species, updating the tree inventory, and potential elimination of tree EXHIBIT A 143 categories from planting plans (ornamentals and evergreens). In May 2008, then Parks and Recreation Director Schwartz facilitated a discussion between the Commission and community members. As a result of that discussion, the Commission made the following recommendations to the City Council. •Retain existing 'themed' streets in the City of Burlingame by replacing them with existing species if the dominant species on the street is of tall form. This is regardless of disruptions to sidewalks. •Do not create 'themed' streets where they currently do not exist and allow the property owners to choose from the appropriate tree list. •Staff should revise the official street tree lists to contain trees that only have the tallest, most significant canopies. •In addition, retain 'ornamentals' and 'evergreen' tree species with the tallest, most significant canopies on the official tree lists. •Include some larger species from the 6' planter strip list to the 4-6' planter strip list where possible, or change the dimensions of planting strip requirements. •Create larger planting spaces throughout the City where possible. •Only remove and replace trees when an existing tree must be removed. •Tree replacements should be planted as soon as possible. As a result of the Beautification Commission action and Council consensus, staff prepared a Draft Themed Block List and Policy for Establishing a Themed Block that was presented at the August 7, 2008, Beautification Commission meeting. The Themed Block List and Policy were approved at the September 4, 2008 Beautification Commission meeting. The policy included: •The Beautification Commission will recommend "Themed Blocks" to the City Council. •To petition the Beautification Commission for a new themed block, a property owner on a block shall gather signatures of at least 2/3 of the property owners. •Forms for the "Petition" will be provided by the Parks and Recreation Department Office. •Petitions shall be forwarded to the Beautification Commission for recommendation to the Council to establish a new "themed" block. •If approved, staff will determine the species theme in collaboration with the property owners. •Selected "themed" species will replace existing trees only when removing an existing tree is deemed necessary according to City policy. Ninety-eight blocks were designated as Themed Blocks. Since then, the City and the residents have added 24 additional Themed Blocks, totaling 122 (Exhibit A). The ability to remove a block from Themed Block designation was added later. Presently, if a block would like to remove the Themed Block designation, 75% of property owners must agree to remove the entire block for the matter to be considered (Exhibit B). EXHIBIT A 144 1 BURLINGAME BEAUTIFICATION COMMISSION Draft Minutes March 6, 2025 The regularly scheduled meeting of the Beautification Commission was called to order at 6:30 p.m. by Chair Chu. ROLL CALL Present: Chair Chu, Commissioners Bauer, Damico, and Kirchner Absent: Commissioner Batte Staff: Parks & Recreation Director Glomstad, Parks Superintendent/City Arborist Holtz, Parks Supervisor Burow, and Recording Secretary Flores Others: None MINUTES None CORRESPONDENCE None PUBLIC COMMENT Jennifer Pfaff, Burlingame Historical Society member, reported that the didactic panels previously presented to the Commission arrived at the Community Center, and installation, dependent on Parks Staff availability, will be the next step. PRESENTATION None OLD BUSINESS 1.Landscape Award Update Commissioner Kirchner provided the rest of the Commissioners with a list of all previous Residential Sustainability Landscape Award, Business Landscape Award, and Multi-Family Landscape Award winners. NEW BUSINESS 1.Discussion of Themed Block Utility Conflicts and Potential Revisions to the Themed Block Lists Arborist Holtz presented the staff report. He explained that the specific concern that Council Member Brownrigg brought forth was the consideration of changes to planting large canopy trees under utility lines. Currently, the City’s Themed Block List’s designated species take precedence over the Primary Utility Line Street Tree Plant List. Arborist Holtz stated that utility conflict trees grow to heights that interfere with overhead primary electrical conductors or have root infrastructure that interferes with underground gas transmission lines. He confirmed that the primary concern is the overhead conductors, where topping or directional pruning occurs. Further, although staff receive calls about sewer and water conflicts, they are not typically of significant consequence. Arborist Holtz explained that utility companies that practice directional pruning will not allow tree branches to overhang the top of their lines, which prevents the tree from enveloping and coming back together. He EXHIBIT B 145 2 stated that the City experiences more topping situations, which require City staff to conduct side pruning to ensure that the required clearances are met. Large canopy trees repeatedly topped due to utility pruning experience injuries that aren’t allowed to heal, and decay may spread further down the trunk. Also, whole branches may fail because they are constantly stripped of leaves. Arborist Holtz stated that the large canopy species on the Themed Block List are Red Maple, Red Oak, and Sycamore trees. According to the City’s tree inventory, there are approximately 2500 Themed Block tree sites, 600 located at sites with primary utilities. Further, approximately 300 of those trees are large canopy trees that present primary utility conflicts. Arborist Holtz stated that the Commission may choose to leave the Themed Block List unchanged but also presented the revision opportunities to modernize the City’s policy. He shared a depiction from the Arbor Day Foundation that shows trees planted under utility lines at a mature height of 25 feet or less. Commissioner Bauer asked whether it was possible to select trees that were smaller yet similar species to the Themed street they would be planted on instead of giving property owners several choices from the approved Primary Utility Street Tree List. Arborist Holtz confirmed that it was an option and provided an example of planting Trident Maple trees on Red Maple Themed Blocks on the side of the streets where overhead utility conflicts exist. He explained that staff could gather more information on suitable and similar alternatives to bring back to the Commission for further consideration. Also, he explained to the Commission the availability of growth regulators to limit response growth; however, he would not recommend their use, stating it would be a significant number of applications to apply the chemicals. Arborist Holtz spoke of previous plans to work with PG&E using growth regulators along Airport Boulevard for the Sycamore trees planted under utilities. However, PG&E felt that due to their experience in other areas, it was not worth the labor to do so. Supervisor Burow confirmed that PG&E’s previous experience using the growth regulators did not work at the level they wanted them to or did not work at all, so they removed them as an option altogether. Arborist Holtz confirmed with Commissioner Bauer that her suggestion of having a smaller alternative was valid, and staff could investigate options more in-depth for the three large canopy tree species where utility conflicts are most seen. Commissioner Kirchner inquired about the estimated time frame for the change to occur for the Themed trees under utility lines. Arborist Holtz stated that the majority would likely be replanted within 50 years. Commissioner Kirchner asked for confirmation that the Themed portion of the ordinance was not up for discussion but instead only the Themed trees under utility lines. City Arborist Holtz confirmed. Commissioner Damico asked whether the option in the staff report allowing property owners to pick their replacement tree for sites under utility was from a specific list of Themed trees. Arborist Holtz confirmed that the second option would allow property owners to select from the approved Primary Utility Street Tree List shown on Exhibit D. Chair Chu asked if a smaller tree could have more biomass than a larger canopy tree that is continually topped and reduced in size. Arborist Holtz stated that having large trees pruned yearly negates the environmental benefit of the tree. Although he is unsure if a smaller tree would have a greater biomass, it may have a net positive effect versus a larger tree that requires significant maintenance. Chair Chu opened the floor to Public Comment. Alice Davis, a Burlingame resident, spoke in favor of changing Themed Blocks with utility conflicts. As a resident of Sanchez, she experienced the removal of two Liquidambar trees by PG&E due to an EXHIBIT B 146 3 underground gas line conflict and a chronic threat to the overhead utility lines. She stated that the roots were very destructive to the sidewalk, landscaping, and hardscape of her front yard. The Parks Division staff reached out to her regarding planting the replacement street trees, and she was originally told that she could pick a species from the approved Primary Utility Line Street Tree List. Later, it was discovered that she was a part of Themed Block, and two Sycamore trees would be planted instead of her choice of smaller canopy tree. She expressed her strong protest against the planting of the two Sycamore replacement trees. Due to her allotted speaking time running out, Ms. Davis provided the rest of her notes to be shared with the Commission. Jennifer Pfaff, Themed Block resident, spoke in favor of keeping the Themed Block policy unchanged. She spoke of her concern about the general degradation of Burlingame’s City of Trees designation and lamented the issue of losing large trees because there is no room left for trees to be planted on developed lots. Ms. Pfaff inquired about the possibility of planting large trees similar to the Citriodora on Easton in a toggled manner to help avoid future utility issues. Lastly, she stated that many Sycamore trees were pollarded when they were first planted and asked whether that was an option for the side of the Themed streets located under utility lines. Cathy Baylock, former Council Member and Themed Block resident, spoke in favor of keeping large canopy trees on Themed Blocks, such as the Sycamore trees on Newlands Avenue. She stated that the quasi- pollarding method used on the side of Newlands Avenue under utility lines has worked and created shorter trees on one side of the street. Although Sycamore trees are not the most aesthetic tree, she spoke highly of the conformity of a Sycamore Themed street. It would be a mistake not to find a way to continue pruning them to keep them out of the utility lines and said that the trees have managed well against these hard pruning methods. Constance Quirk, a Burlingame resident of Lexington Way, spoke in favor of keeping the Themed Block policy unchanged. With the extensive development the City is experiencing, she appreciates the softness that Themed Blocks bring to overdeveloped areas. She also stated her appreciation to City staff for all the maintenance work. Stephanie Lee, a Bloomfield Road resident, loves the appearance of Themed streets but spoke in favor of modifying the Themed Block with a utility conflict with an option such as the one suggested by Commissioner Bauer of a similar tree to that of the rest of the Themed Block but on a smaller scale, allowing for the continuation of the Themed visual. She expressed concern about Themed streets having a species specific Themed that could wipe out all the trees. Also, she inquired whether the City was aware of any plans to underground utilities by PG&E that would allow the City to keep large canopy trees. Chair closed Public Comment. Arborist Holtz addressed comments posed during Public Comment. He stated that a monoculture is a drawback to a Themed Block area and is always a concern. He spoke of the Polyphagus Shot-Hole Borer currently affecting Sycamore trees in San Jose, which warrants more research. Further, he confirmed that he is unaware of any PG&E plans for underground utilities aside from the City’s efforts to purchase credits for El Camino Real. Residential areas are not a high priority for PG&E. Arborist Holtz confirmed that Easton Drive is not up for discussion but confirmed that Easton Drive planter strips are uniquely large and the option to move or plant trees in such a manner is not available on other streets with the standard planter EXHIBIT B 147 4 strip size. Lastly, he explained that the pruning practice of pollarding that occurred in the City through the 1960s-1980s is still an approved pruning standard through the ISA and ANSI, although very labor intensive and not a practice he would recommend. When you pollard a tree, it forces a growth of smaller branches to push out very fast, and the growth could be poorly attached. He explained that Sycamore trees have done very well in retraining themselves with strong attachments. He would be very concerned if this pruning method were done on an Oak or Eucalyptus tree because the attachments would be weakly attached and have a greater likelihood of failure. Commissioner Damico inquired about a specific correspondence that was sent via email that referenced the hardship property owners face due to added yard maintenance and debris removal costs . Arborist Holtz stated that he has communicated with the property owner who sent the referenced email and summarized her concerns about leaves clogging gutters and miscellaneous debris, such as twigs and leaves dropping in the fall on the lawn. He confirmed that the City does not assist with yard maintenance, and it falls on the property owner to maintain any debris on their private property, although the street sweeper does take care of leaves left in the street. He explained that the community values the importance and benefits of trees and understands that there may be inconveniences that arise because of large trees. Commissioner Damico asked about the probability of a species specific disease infecting a species in Burlingame today and whether it will be a bigger concern in the future. Arborist Holtz confirmed a possibility and increased risk when there are greater concentrations of the same tree species. However, the probability of this being a current issue or concern is lower, with the exception of the Polyphagous Shot-Hole Borer currently affecting sycamore trees in higher numbers and thus represents an elevated risk. Supervisor Burow shared what she has learned about the shot hole borer and noted that a Palm pest is currently affecting San Diego. Commissioner Chu inquired about planting in a toggled manner and whether that is an option to help trees grow and bypass utility lines. Arborist Holtz confirmed that shifting sidewalks away from power lines to plant trees is unique to Easton because of the wide planter strips. Further, he explained that PG&E would likely not agree with directional pruning that allows the tree to come back and grow over the utility lines because their primary concern is to protect their asset. Supervisor Burow confirmed that few approved trees are allowed to grow next to power lines such as Redwood and types of cedar trees, because once they are trimmed, they will not continue to grow back in that area, and the risk of a limb falling on a line is significantly reduced. In most other cases, PG&E will top the tree because it is easier. Chair Chu reiterated that the Commission may choose to leave the current policy as it stands, modify the Themed tree only in the locations with utility conflicts, or give homeowners with utility conflict options from the approved Primary Utility Line Street Tree List. Commissioner Kirchner asked for further clarification on whether the smaller option tree under utility lines could also be a Themed species. Chair Chu confirmed that is how the second option is defined. Commissioner Bauer stated that she favors the appearance of Themed streets, as she imagines many residents do. She is not in favor of letting a homeowner on a Themed Block with utility conflict pick a replacement tree from the approved street tree list and is inclined to support a smaller Themed species for the Themed street areas in the affected areas to ensure a cohesive look. Commissioner Damico asked if finding a similar smaller version of the three large canopy species causing utility conflicts was feasible. Arborist Holtz stated that staff are not currently familiar with the available options and whether they would make suitable alternatives, but staff can research further and come back with more information and options for the Commission to view and discuss. He understands the passion Themed Blocks invokes in residents, and although he does not want to prolong the subject, he wants to ensure due diligence is performed on the matter, and additional staff research is a feasible ask. EXHIBIT B 148 5 Commissioner Chu stated that if a smaller species similar in look is not found, there could still be a smaller species that harmonizes with the rest of the Themed Block. Commissioner Bauer also reflected on the solution this may be for the possible pest problem because it breaks up only one species. Commissioner Kirchner expressed his inclination to keep the Themed Block ordinance in its current state and not make any changes, dealing with any issues as they arise. Commissioner Bauer stated that utility conflicts were a current issue. Commissioner Kircher questioned whether it was a big enough issue to warrant a change. Commissioner Damico stated that it may become a bigger issue in the coming months or years and would prefer to continue the discussion and make a recommendation to the Council. Director Glomstad suggested Arborist Holtz come back with one to two replacement options for the three large canopy Themed Block tree species causing utility conflicts. Commissioner Bauer agreed it would be helpful to see visuals of the possible replacement species and proposed the item be brought back for discussion at a future meeting. Chair Chu made a motion to postpone the discussion to allow City Arborist Holtz to present similar and smaller trees as suitable replacements for the large canopy Themed Block species experiencing utility conflicts. The motion was seconded by Commissioner Bauer and was approved. 4-0-1 REPORTS Arborist Holtz reported that the largest of the two private trees discussed during the February meeting as part of the appeal to the Private Tree Removal Application filed by 1325 El Camino Real failed eight days after the meeting. It was caught failing and was removed before it hit any structure. The appellant and neighboring property that claimed ownership filed an emergency tree removal application, and a permit was issued retroactively. Also, he reminded the Commission of the Arbor Day celebration scheduled for Thursday, March 13, 2025, at 11 a.m. at Murray Field. Supervisor Burow reported removing a Western Catalpa City tree on Balboa that involved bees and explained the process taken to remove and relocate the bees safely before the removal. Arborist Holtz explained that the resident was very concerned with the possibility of losing the tree and that efforts were exhausted to try and retain the tree, but it was structurally compromised, and the likelihood of failure was significant. Commissioner Kirchner inquired about the measurement taken for a tree with multiple trunks to determine if it is a protected-sized tree. Arborist Holtz confirmed that the City ordinance states that the measurement is taken where the multiple trunks attach, typically closer to the base. Commissioner Kirchner thanked Commissioner Bauer for providing her edits to the Trees of Burlingame book. Further, he provided a partial list of significant Burlingame trees that could be included in the publication. He asked for any additions to be sent his way. UPCOMING AGENDA ITEMS None ADJOURNMENT There being no further business, the meeting adjourned at 7:37 p.m. The next Beautification Commission meeting is scheduled for April 3, 2025. EXHIBIT B 149 6 Respectfully submitted, Veronica Flores Veronica Flores Recording Secretary EXHIBIT B 150 Themed Blocks add a benefit to the community that includes honoring the intended look of a developed area. Themed Blocks can create an aesthetic look and feel with a memorable uniformity. Themed Blocks can also have challenges, such as fast and widespread disease or insects. Having a single species increases the likelihood that one disease or insect would create a mass loss of trees that can devastate an entire block. Additionally, requiring a large canopy tree due to themed block designation in a location that has confined growing space can create a continual conflict. This includes the tree’s inability to grow to the typical species size due to overhead utilities. These trees cannot reach their intended size and require significant and frequent maintenance resources from the City and utility providers to reduce risk. DISCUSSION The increased concern about trees and utility conflict was discussed during the public process of updating the municipal tree code. Challenges with obtaining or maintaining insurance in the community have occurred due to the size, species, and proximity of the tree to the structure and electrical conductors. Several members of the community expressed this concern during public comment. During the public discussion, Councilmember Brownrigg expressed concern about the conflict between trees and overhead utilities. It was suggested that the Beautification Commission discuss this challenge and seek a sustainable resolution. Utility providers and urban forest professionals have long espoused the “Right Tree in the Right Place” principle (Exhibit C). This implores a sustainable approach to tree planting and planning by considering specific site conditions to ensure the successful growth of that tree for the community to enjoy with minimal input. Some of these considerations include climate and water needs, pest susceptibility, the likelihood of known challenges with species branches, trunk, and root failures, growing space for the root mass underground, and growing space for the trunk and branches overhead. Pacific Gas & Electric (PGE) has removed City-owned trees at their discretion to protect both overhead electrical conductors and underground natural gas pipes. The California PUC gives PGE and other utilities direction and authority to protect their utilities by maintaining certain clearances. The City has general policy of replacing each tree that is removed. The City follows planting list practices whereby certain tree species are designated for certain areas dependent on planter strip size, overhead utilities, or hillside planting area. Additionally, if there is a themed block designation, the City must replace it in accordance with the themed block designated species. Some of these large canopy species, such as Red Maple, Red Oak, and Sycamore, begin to present conflict within ten years. in locations where overhead utilities exist. Replanting a large canopy Themed Block tree where utility conflict exists goes against modern arboriculture recommendations and expends greater resources on the part of the City and utility providers. In areas where a Themed Block designation does not apply, and overhead utility challenges exist, the City utilizes a street tree primary utility list (Exhibit D). This list includes species that do not EXHIBIT A 151 grow as tall and/or grow at a slower rate than other larger canopy species. This principle balances the goals of the Community to create a sustainable urban forest, and the utility providers need to protect their utility infrastructure and public safety. However, in designated Themed Block locations, staff are required to plant a tree that continues utility conflict. Staff propose that in areas of utility conflict, a large canopy tree such as Platanus acerifolia (Sycamore/ London Plane), Acer rubrum (Red Maple), or Quercus rubra (Red Oak), a change to the Themed Block designation for these areas should occur. This can be accomplished by reverting choice to the property owners from the City Street Tree list for Primary Utility Areas, or the Commission can specify specific species for these locations. At present, there are over 2,500 Themed Block trees. Approximately 600 of these trees have a utility conflict (Exhibit E). Of these locations, about half are designated as large Themed Block species that include Platanus acerifolia (Sycamore/ London Plane), Acer rubrum (Red Maple), or Quercus rubra (Red Oak). These species generally have fast growth and achieve utility conflict within 10 years of the initial planting. These are the sites that present the greatest conflict and require additional resources to mitigate. In preparation for the Thursday, March 6, 2025 Beautification Commission Meeting, The City has noticed this subject via the City E-news, social media, and a mailing to over 5,000 residents that live in Themed Block areas. FISCAL IMPACT The fiscal impact will likely be lower long-term costs due to the increased maintenance and removal needs of trees in conflict with utilities. EXHIBITS A. Current Themed Block List B. Themed Block Policy Form C. “Right tree, Right Place” Principle D. City Tree Planting List for Primary Utility Locations E. City Street Tree Locations with Primary Utilities EXHIBIT A 152 Street Theme Recommendation 1600 Adeline Sycamore Retain Themed Block 1700 Adeline Sycamore Retain Themed Block 1800 Adeline Sycamore Retain Themed Block 1900 Adeline Sycamore Retain Themed Block 2000 Adeline Sycamore Retain Themed Block 500 Almer Liquidambar Replace w/ Red Maple 800 Alpine Sycamore Retain Themed Block 1000 Balboa Liquidambar Replace w/ Trident Maple 1400 Balboa Catalpa Retain Themed Block 1600 Balboa Liquidambar Replace w/ Trident Maple 100 Bayswater Gingko Retain Themed Block 200 Bayswater Gingko Retain Themed Block 300 Bayswater Gingko Retain Themed Block 400 Bayswater Gingko Retain Themed Block 500 Bayswater Gingko Retain Themed Block 600 Bayswater Gingko Retain Themed Block 700 Bayswater Gingko Retain Themed Block 800 Bayswater Gingko Retain Themed Block 900 Bayswater Gingko Retain Themed Block 1000 Bayswater Gingko Retain Themed Block 1100 Bayswater Gingko Retain Themed Block 1200 Bayswater Gingko Retain Themed Block 1300 Bayswater Gingko Retain Themed Block 1200 Bellevue Liquidambar Replace w/ Red Maple 1300 Bernal Sycamore Retain Themed Block 1400 Bernal Sycamore Retain Themed Block 300 Bloomfield Sycamore Retain Themed Block 400 Bloomfield Sycamore Retain Themed Block 300 Burlingame Ave Camphor Replace w/ Red Maple 400 Burlingame Ave Camphor Replace w/ Red Maple 500 Burlingame Ave Camphor Replace w/ Red Maple 800 Burlingame Ave Camphor Replace w/ Red Maple 850 - 1000 Burlingame Ave Lemon-Scented Gum Retain Themed Block 1500 Burlingame Ave. Sycamore Retain Themed Block 1200 Cabrillo Liquidambar Replace w/ Trident Maple 400 - 1100 California Dr. P. Calleryana `Chanticleer' = (9 blocks)Replace with ‘European Hornbeam’ 1100 Cambridge Elm Retain Themed Block 300 Channing Sycamore Retain Themed Block 200 Chapin Ln. Sycamore Retain Themed Block 300 Chapin Ln. Sycamore Retain Themed Block 1600 Chapin Ave. Sycamore Retain Themed Block 400 Chatham Sycamore Retain Themed Block 300 Clarendon Red Oak Retain Themed Block City of Burlingame Parks & Recreation Department 850 Burlingame Ave., Burlingame, CA 94010 phone: (650) 558-7330 • parksadmin@burlingame.org City Street Trees – Themed Blocks (Revised 01.2024) Exhibit A EXHIBIT A 153 1500 Columbus Red Oak Retain Themed Block 300 Concord Liquidambar Replace w/ Red Maple 600 Concord Sycamore Retain Themed Block 700 Concord Sycamore Retain Themed Block 500 Corbitt Sycamore Retain Themed Block 1100 Cortez Sycamore Retain Themed Block 1200 Cortez Sycamore Retain Themed Block 800 Crossway Liquidambar Replace w/ Red Maple 400 Cumberland Sycamore Retain Themed Block 1400 Desoto Sycamore Retain Themed Block 1100 Douglas Sycamore Retain Themed Block 1100 Drake Sycamore Retain Themed Block 300 Dwight Red Oak Retain Themed Block 1500-2000 Easton Euc. Globulus = (6 blks.) Replace w/ Lemon-Scented Gum 800 Edgehill Liquidambar Replace w/ Red Maple 1300 Edgehill Liquidambar Replace w/ Red Maple 1400 Floribunda Liquidambar Replace w/ Red Maple 1500 Floribunda Liquidambar Replace w/ Red Maple 500 Francisco Sycamore Retain Themed Block 2100 Hillside Sycamore Retain Themed Block 2200 Hillside Sycamore Retain Themed Block 2300 Hillside Sycamore Retain Themed Block 2400 Hillside Sycamore Retain Themed Block 1200 Laguna Sycamore Retain Themed Block 1300 Laguna Liquidambar Replace w/ Red Maple 1400 Laguna Liquidambar Replace w/ Red Maple 300 Lexington Sycamore Retain Themed Block 500 Lexington Sycamore Retain Themed Block 600 Lexington Sycamore Retain Themed Block 800 Maple Linden Replace w/ Trident Maple 400 Marin Sycamore Retain Themed Block 500 Marin Sycamore Retain Themed Block 1600 McDonald Way Liriodendron Replace w/ Red Maple 1100 Mills Sycamore Themed Block 1200 Mills Sycamore Retain Themed Block 1300 Mills Sycamore Retain Themed Block 1400 Mills Sycamore Retain Themed Block 1500 Newlands Sycamore Retain Themed Block 1400 Oak Grove Red Oak Retain Themed Block 100 Occidental Sycamore Retain Themed Block 200 Occidental Sycamore Retain Themed Block 300 Occidental Sycamore Retain Themed Block 400 Occidental Sycamore Retain Themed Block 1100 Oxford Elm Retain Themed Block 1100 Palm Sycamore Retain Themed Block 1200 Palm Sycamore Retain Themed Block 1300 Palm Sycamore Retain Themed Block 1400 Palm Sycamore Retain Themed Block 700 Plymouth Sycamore Retain Themed Block 1100 Sanchez Sycamore Retain Themed Block 1200 Sanchez Sycamore Retain Themed Block 1300 Sanchez Sycamore Retain Themed Block 1400 Sanchez Sycamore Retain Themed Block 1600 Sherman Sycamore Retain Themed Block EXHIBIT A 154 1700 Sherman Sycamore Retain Themed Block 10 Stanley Liriodendron Replace w/ Trident Maple 100 Stanley Liriodendron Replace w/ Trident Maple 200 Stanley Liriodendron Replace w/ Trident Maple 2100 Trousdale Modesto Ash Replace w/ Raywood Ash 1100 Vancouver Catalpa Retain Themed Block 500 Vernon Sycamore Retain Themed Block 600 Vernon Liquidambar Replace w/ Red Maple 700 Vernon Sycamore Retain Themed Block 700 Winchester Dr. Sycamore Retain Themed Block 800 Winchester Dr. Sycamore Retain Themed Block EXHIBIT A 155 City of Burlingame Petition to Apply for Establishment, Modify or Remove a Street Tree Themed Block (Only this form can be used to gather signatures) Definition of a Street Tree Themed Block: A street tree themed block is defined as a block in which one defined species of street tree is established and maintained indefinitely. Once a themed block is established and a tree is removed for any reason, the tree would be replaced with a tree of the established theme species. The Beautification Commission and City Council use the following criteria when considering establishment of a themed block: the percent of predominant tree species, health and disease tolerance of the species, amount of tree diversity, mix of species, age, aesthetic look on the block, current tree canopy, future canopy potential, width of the street, and the width of planter strips. Policy to Establish, Modify or Remove a Themed Block The Beautification Commission will recommend “Themed Blocks” to the City Council. To petition the Beautification Commission for a new themed block a property owner on a block shall gather signatures of at least 2/3 of the property owners on the block. To petition the Beautification Commission to modify a specific themed block tree species or Remove a specific block from the Themed Block List, a property owner on a block shall gather signatures of at least 75% of the property owners on the block. Forms for the “Petition” will be provided by the Parks and Recreation Department office. Petitions shall be forwarded to the Beautification Commission for recommendation to the Council to establish, modify or remove a themed block. A public hearing will be set by the Beautification Commission and notification will be sent by staff to all property owners o n the block. If approved by the Beautification Commission and/or the City Council, staff will determine the species theme in collaboration with the property owners. Selected “themed” species will replace existing trees only when removal of an existing tree is deemed necessa ry according to City policy. Street and Block Requested for Consideration: ________________________________________________________ Mark One: Establish _______________Modify _______________Remove a Themed Bock_____________________ Street Tree Species Desired: _______________________________________________________________________ Street Tree Themed Block Signature Form Property Owner Statement: I am the property owner at the address listed below and I support the Beautification Commission and City Council in ____establishing this block as a Street Tree Themed Block, ____modifying this themed block Street Tree or ____removing this themed block Street Tree within the City of Burlingame. Revised 1/2016 Date Property Address Property Owner Name(s) (Printed) Property Owner Signature Exhibit BEXHIBIT A 156 Date Property Address Property Owner Name(s) (Printed) Property Owner Signature EXHIBIT A 157 Exhibit CEXHIBIT A 158 TREES TO BE PLANTED IN AREAS UNDER PRIMARY UTILITY LINES Height at Botanical Name Common Name Maturity Description Trident Maple 20'-25' DECIDUOUS: Moderate growth; roundish crown; glossy, three lobed leaves; fall color. Australian Willow 25'-30' EVERGREEN: Moderate growth; graceful branches; fine textured leaves. Gingko biloba Maidenhair tree 30'-50' DECIDUOUS: Slow growth; fan shaped leaves turn yellow in fall; spreading, almost umbrella form. Jacaranda Blue Jacaranda 20'-50' DECIDUOUS: Moderate growth; large spreading canopy with mimosifolia breathtaking purple flowers lasting upwards of 2 months. Koelreuteria Chinese Flame Tree 20'-35' DECIDUOUS: Slow to moderate growth; clusters of yellow bipinnata flowers; leaves yellow in fall, drop late. Koelreuteria Golden Rain Tree 20'-35' DECIDEUOUS: Slow to moderate growth; yellow flowers; paniculata leaves reddish in spring, light green in summer. Crape Myrtle 20'-30' DECIDUOUS: Moderate growth; spring foliage light green and "Tuscarora"bronze, fall yellow; dark pink flowers. Laurus nobilis Saratoga Sweet Bay 15'-25' EVERGREEN: Glossy olive green leaves, rounded and dense canopy, fragrant cream flowers in spring, great for pollinators. Magnolia 20'-40' EVERGREEN: Moderate to fast growth; white flowers; similar "St. Mary"to Southern Magnolia but smaller. Parkinsonia Sonoran Palo Verde 20'-35' DECIDUOUS: Fast growth, rounded canopy, bright yellow florida flowers lasting up to four months. Parrotia persica Persian Ironwood 20'-40' DECIDUOUS: Slow growth, autumn gold fall color, clusters of 'vanessa'tiny red flowers in early spring. Chinese Pistache 30'-40' DECIDUOUS: Moderate growth; dark green leaves, brilliant fall color. Plumeria Frangipani 20' EVERGREEN: Moderate growth with beautiful, fragrant flowers, waxy leaves. Chinese Tallow 35' DECIDUOUS: Moderate to fast growth; dense, round crown; outstanding fall color. Subject to availability. Sapium sebiferum Lagerstroemia indica Acer buergeranum Geijera parviflora Magnolia grandiflora Official Street Tree List 850 Burlingame Ave., Burlingame, CA 94010 phone: (650) 558-7330 • fax: (650) 696-7216 parksadmin@burlingame.org Pistachia chinensis City of Burlingame | Parks Division Exhibit DEXHIBIT A 159 Address Street SideType Tree CommonName BotanicalName 1600 ADELINE DR SIDE 1 LONDON PLANE Platanus X hispanica 1721 ADELINE DR FRONT 1 LONDON PLANE Platanus X hispanica 1721 ADELINE DR FRONT 2 LONDON PLANE Platanus X hispanica 1801 ADELINE DR FRONT 1 LONDON PLANE Platanus X hispanica 1801 ADELINE DR FRONT 2 LONDON PLANE Platanus X hispanica 1901 ADELINE DR FRONT 1 LONDON PLANE Platanus X hispanica 1901 ADELINE DR FRONT 2 LONDON PLANE Platanus X hispanica 1915 ADELINE DR FRONT YAR 1 CHINESE TALLOW TREE Triadica sebifera 1915 ADELINE DR FRONT YAR 2 SYCAMORE Platanus spp. 1915 ADELINE DR FRONT YAR 3 LONDON PLANE Platanus X hispanica 1915 ADELINE DR FRONT YAR 4 LONDON PLANE Platanus X hispanica 1915 ADELINE DR SIDE 2 ORNAMENTAL PEAR Pyrus calleryana 522 ALMER RD FRONT 2 AMERICAN SWEETGUM Liquidambar styraciflua 525 ALMER RD FRONT 1 AMERICAN SWEETGUM Liquidambar styraciflua 525 ALMER RD FRONT 2 AMERICAN SWEETGUM Liquidambar styraciflua 831 ALPINE AV FRONT 7 LONDON PLANE Platanus X hispanica 831 ALPINE AV FRONT 8 LONDON PLANE Platanus X hispanica 833 ALPINE AV FRONT 1 RED OAK Quercus rubra 833 ALPINE AV FRONT 2 ENGLISH WALNUT Juglans regia 833 ALPINE AV FRONT 3 RED OAK Quercus rubra 833 ALPINE AV FRONT 4 RED OAK Quercus rubra 1001 BALBOA AV FRONT 1 TRIDENT MAPLE Acer buergeranum 1601 BALBOA AV SIDE 1 LONDON PLANE Platanus X hispanica 1601 BALBOA AV SIDE 2 LONDON PLANE Platanus X hispanica 101 BAYSWATER AV FRONT 1 COAST LIVE OAK Quercus agrifolia 105 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 109 BAYSWATER AV FRONT 1 CRAPE MYRTLE Lagerstroemia indica 109 BAYSWATER AV FRONT 2 CRAPE MYRTLE Lagerstroemia indica 113 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 117 BAYSWATER AV FRONT 1 AUSTRALIAN WILLOW Geijera parviflora 117 BAYSWATER AV FRONT 2 AUSTRALIAN WILLOW Geijera parviflora 201 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 205 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba Exhibit EEXHIBIT A 160 205 BAYSWATER AV FRONT 2 MAIDENHAIR TREE Ginkgo biloba 209 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 213 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 221 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 301 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 301 BAYSWATER AV FRONT 2 SAMUEL SOMMER MAGNOLIA Magnolia grandiflora 'Samuel Sommer' 301 BAYSWATER AV FRONT 3 SAMUEL SOMMER MAGNOLIA Magnolia grandiflora 'Samuel Sommer' 305 BAYSWATER AV FRONT 1 JAPANESE FLOWERING CHERRY Prunus serrulata 305 BAYSWATER AV FRONT 2 MAIDENHAIR TREE Ginkgo biloba 305 BAYSWATER AV FRONT 3 CHINABERRY Melia azedarach 309 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 313 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 401 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 405 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 409 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 411 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 501 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 501 BAYSWATER AV FRONT 2 MAIDENHAIR TREE Ginkgo biloba 505 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 509 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 511 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 512 BAYSWATER AV FRONT 1 AUTUMN GOLD GINKGO Ginkgo biloba 'Autumn Gold' 512 BAYSWATER AV FRONT 2 AUTUMN GOLD GINKGO Ginkgo biloba 'Autumn Gold' 515 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 515 BAYSWATER AV FRONT 2 MAIDENHAIR TREE Ginkgo biloba 521 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 603 BAYSWATER AV FRONT 1 CHINESE FLAME TREE Koelreuteria bipinnata 603 BAYSWATER AV FRONT 2 CHINESE FLAME TREE Koelreuteria bipinnata 605 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 609 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 609 BAYSWATER AV FRONT 2 MAIDENHAIR TREE Ginkgo biloba 611 BAYSWATER AV FRONT 1 CRAPE MYRTLE Lagerstroemia indica 611 BAYSWATER AV FRONT 2 MAIDENHAIR TREE Ginkgo biloba 611 BAYSWATER AV FRONT 3 MAIDENHAIR TREE Ginkgo biloba EXHIBIT A 161 615 BAYSWATER AV FRONT 1 VACANT SITE Vacant site 615 BAYSWATER AV FRONT 2 MAIDENHAIR TREE Ginkgo biloba 615 BAYSWATER AV FRONT 3 VACANT SITE Vacant site 701 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 705 BAYSWATER AV FRONT 1 AUSTRALIAN WILLOW Geijera parviflora 709 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 709 BAYSWATER AV FRONT 2 MAIDENHAIR TREE Ginkgo biloba 711 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 715 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 721 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 807 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 809 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 811 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 811 BAYSWATER AV FRONT 2 MAIDENHAIR TREE Ginkgo biloba 815 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 817 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 821 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 925 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 925 BAYSWATER AV FRONT 2 MAIDENHAIR TREE Ginkgo biloba 925 BAYSWATER AV FRONT 3 MAIDENHAIR TREE Ginkgo biloba 925 BAYSWATER AV FRONT 4 MAIDENHAIR TREE Ginkgo biloba 925 BAYSWATER AV FRONT 5 VACANT SITE Vacant site 998 BAYSWATER AV FRONT 1 ARISTOCRAT PEAR Pyrus calleryana 'Aristocrat' 998 BAYSWATER AV FRONT 2 CHANTICLEER PEAR Pyrus calleryana 'Chanticleer' 1105 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 1107 BAYSWATER AV FRONT 1 JAPANESE FLOWERING CHERRY Prunus serrulata 1110 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 1113 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 1115 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 1155 BAYSWATER AV FRONT 1 VACANT SITE Vacant site 1201 BAYSWATER AV FRONT 1 AMERICAN SWEETGUM Liquidambar styraciflua 1201 BAYSWATER AV FRONT 2 AMERICAN SWEETGUM Liquidambar styraciflua 1215 BAYSWATER AV FRONT 1 SOUTHERN MAGNOLIA Magnolia grandiflora 1215 BAYSWATER AV FRONT 2 SOUTHERN MAGNOLIA Magnolia grandiflora EXHIBIT A 162 1215 BAYSWATER AV FRONT 3 SOUTHERN MAGNOLIA Magnolia grandiflora 1305 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 1307 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 1311 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 1317 BAYSWATER AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 1210 BELLEVUE AV FRONT 2 AMERICAN SWEETGUM Liquidambar styraciflua 1210 BELLEVUE AV FRONT 3 AMERICAN SWEETGUM Liquidambar styraciflua 1218 BELLEVUE AV FRONT 1 AMERICAN SWEETGUM Liquidambar styraciflua 1218 BELLEVUE AV FRONT 2 AMERICAN SWEETGUM Liquidambar styraciflua 1220 BELLEVUE AV FRONT 1 AMERICAN SWEETGUM Liquidambar styraciflua 1220 BELLEVUE AV FRONT 2 AMERICAN SWEETGUM Liquidambar styraciflua 1224 BELLEVUE AV FRONT 1 VACANT SITE Vacant site 1236 BELLEVUE AV FRONT 1 AMERICAN SWEETGUM Liquidambar styraciflua 1236 BELLEVUE AV FRONT 2 JACARANDA Jacaranda mimosifolia 1236 BELLEVUE AV FRONT 3 AMERICAN SWEETGUM Liquidambar styraciflua 1236 BELLEVUE AV FRONT 4 AMERICAN SWEETGUM Liquidambar styraciflua 301 BLOOMFIELD RD FRONT 1 LONDON PLANE Platanus X hispanica 301 BLOOMFIELD RD FRONT 2 LONDON PLANE Platanus X hispanica 321 BLOOMFIELD RD FRONT 1 LONDON PLANE Platanus X hispanica 321 BLOOMFIELD RD FRONT 2 LONDON PLANE Platanus X hispanica 325 BLOOMFIELD RD FRONT 1 LONDON PLANE Platanus X hispanica 325 BLOOMFIELD RD FRONT 2 LONDON PLANE Platanus X hispanica 340 BLOOMFIELD RD FRONT 1 LONDON PLANE Platanus X hispanica 401 BLOOMFIELD RD FRONT 1 LONDON PLANE Platanus X hispanica 401 BLOOMFIELD RD FRONT 2 LONDON PLANE Platanus X hispanica 424 BLOOMFIELD RD FRONT 2 LONDON PLANE Platanus X hispanica 430 BLOOMFIELD RD FRONT 1 LONDON PLANE Platanus X hispanica 431 BLOOMFIELD RD FRONT 1 LONDON PLANE Platanus X hispanica 431 BLOOMFIELD RD FRONT 2 LONDON PLANE Platanus X hispanica 435 BLOOMFIELD RD FRONT 1 LONDON PLANE Platanus X hispanica 435 BLOOMFIELD RD FRONT 2 LONDON PLANE Platanus X hispanica 440 BLOOMFIELD RD FRONT 1 LONDON PLANE Platanus X hispanica 449 BLOOMFIELD RD FRONT 1 LONDON PLANE Platanus X hispanica 450 BLOOMFIELD RD FRONT 1 LONDON PLANE Platanus X hispanica EXHIBIT A 163 453 BLOOMFIELD RD FRONT 1 LONDON PLANE Platanus X hispanica 457 BLOOMFIELD RD FRONT 1 LONDON PLANE Platanus X hispanica 461 BLOOMFIELD RD FRONT 1 LONDON PLANE Platanus X hispanica 465 BLOOMFIELD RD FRONT 1 SOUTHERN MAGNOLIA Magnolia grandiflora 469 BLOOMFIELD RD FRONT 1 LONDON PLANE Platanus X hispanica 473 BLOOMFIELD RD FRONT 1 LONDON PLANE Platanus X hispanica 477 BLOOMFIELD RD FRONT 1 LONDON PLANE Platanus X hispanica 481 BLOOMFIELD RD FRONT 1 LONDON PLANE Platanus X hispanica 485 BLOOMFIELD RD FRONT 1 LONDON PLANE Platanus X hispanica 489 BLOOMFIELD RD FRONT 1 LONDON PLANE Platanus X hispanica 500 BURLINGAME AV FRONT 1 CAMPHOR TREE Cinnamomum camphora 501 BURLINGAME AV FRONT 1 CAMPHOR TREE Cinnamomum camphora 505 BURLINGAME AV FRONT 1 CAMPHOR TREE Cinnamomum camphora 509 BURLINGAME AV FRONT 1 ORNAMENTAL PEAR Pyrus calleryana 509 BURLINGAME AV FRONT 2 RED MAPLE Acer rubrum 511 BURLINGAME AV FRONT 1 CHINESE TALLOW TREE Triadica sebifera 511 BURLINGAME AV FRONT 2 JAPANESE MAPLE Acer palmatum 515 BURLINGAME AV FRONT 1 RED MAPLE Acer rubrum 521 BURLINGAME AV FRONT 1 SOUTHERN MAGNOLIA Magnolia grandiflora 801 BURLINGAME AV FRONT 1 SOUTHERN MAGNOLIA Magnolia grandiflora 801 BURLINGAME AV FRONT 2 BRONZE LOQUAT Eriobotrya deflexa 805 BURLINGAME AV FRONT 1 AMERICAN SWEETGUM Liquidambar styraciflua 809 BURLINGAME AV FRONT 1 COAST REDWOOD Sequoia sempervirens 809 BURLINGAME AV FRONT 2 VACANT SITE Vacant site 809 BURLINGAME AV FRONT 3 BIGLEAF MAPLE Acer macrophyllum 809 BURLINGAME AV FRONT 4 TANBARK-OAK Lithocarpus densiflorus 811 BURLINGAME AV FRONT 1 RED MAPLE Acer rubrum 811 BURLINGAME AV FRONT 2 RED MAPLE Acer rubrum 1501 BURLINGAME AV FRONT 2 LONDON PLANE Platanus X hispanica 1513 BURLINGAME AV FRONT 1 LONDON PLANE Platanus X hispanica 1517 BURLINGAME AV FRONT 1 LONDON PLANE Platanus X hispanica 1519 BURLINGAME AV FRONT 1 LONDON PLANE Platanus X hispanica 1525 BURLINGAME AV FRONT 1 LONDON PLANE Platanus X hispanica 1529 BURLINGAME AV FRONT 1 LONDON PLANE Platanus X hispanica EXHIBIT A 164 1533 BURLINGAME AV FRONT 1 LONDON PLANE Platanus X hispanica 1537 BURLINGAME AV FRONT 1 LONDON PLANE Platanus X hispanica 1537 BURLINGAME AV FRONT 2 LONDON PLANE Platanus X hispanica 1538 BURLINGAME AV FRONT 3 LONDON PLANE Platanus X hispanica 1538 BURLINGAME AV FRONT 4 LONDON PLANE Platanus X hispanica 1541 BURLINGAME AV FRONT 1 LONDON PLANE Platanus X hispanica 1545 BURLINGAME AV FRONT 1 LONDON PLANE Platanus X hispanica 1549 BURLINGAME AV FRONT 1 LONDON PLANE Platanus X hispanica 85 CALIFORNIA DR SIDE 1 MAIDENHAIR TREE Ginkgo biloba 85 CALIFORNIA DR SIDE 3 MAIDENHAIR TREE Ginkgo biloba 85 CALIFORNIA DR SIDE 4 MAIDENHAIR TREE Ginkgo biloba 85 CALIFORNIA DR SIDE 5 MAIDENHAIR TREE Ginkgo biloba 85 CALIFORNIA DR SIDE 6 MAIDENHAIR TREE Ginkgo biloba 85 CALIFORNIA DR SIDE 7 MAIDENHAIR TREE Ginkgo biloba 85 CALIFORNIA DR SIDE 8 MAIDENHAIR TREE Ginkgo biloba 85 CALIFORNIA DR SIDE 9 COAST LIVE OAK Quercus agrifolia 85 CALIFORNIA DR SIDE 10 MAIDENHAIR TREE Ginkgo biloba 301 CHANNING RD FRONT 1 SILVER MAPLE Acer saccharinum 301 CHANNING RD FRONT 2 SILVER MAPLE Acer saccharinum 307 CHANNING RD FRONT 1 LONDON PLANE Platanus X hispanica 1601 CHAPIN AV FRONT 1 LONDON PLANE Platanus X hispanica 1601 CHAPIN AV FRONT 2 SYCAMORE Platanus spp. 1601 CHAPIN AV FRONT 3 ENGLISH HAWTHORN Crataegus laevigata 1601 CHAPIN AV FRONT 4 ENGLISH HAWTHORN Crataegus laevigata 1601 CHAPIN AV FRONT 5 ENGLISH HAWTHORN Crataegus laevigata 1601 CHAPIN AV FRONT 6 ENGLISH HAWTHORN Crataegus laevigata 1601 CHAPIN AV FRONT 7 SYCAMORE Platanus spp. 1617 CHAPIN AV FRONT 1 LONDON PLANE Platanus X hispanica 1617 CHAPIN AV FRONT 2 LONDON PLANE Platanus X hispanica 1617 CHAPIN AV FRONT 3 LONDON PLANE Platanus X hispanica 1617 CHAPIN AV SIDE 1 AMERICAN SWEETGUM Liquidambar styraciflua 1617 CHAPIN AV SIDE 2 LONDON PLANE Platanus X hispanica 1617 CHAPIN AV SIDE 3 LONDON PLANE Platanus X hispanica 301 CHAPIN LN FRONT 1 LONDON PLANE Platanus X hispanica EXHIBIT A 165 310 CHAPIN LN FRONT 1 LONDON PLANE Platanus X hispanica 310 CHAPIN LN FRONT 2 LONDON PLANE Platanus X hispanica 316 CHAPIN LN FRONT 1 LONDON PLANE Platanus X hispanica 316 CHAPIN LN FRONT 2 LONDON PLANE Platanus X hispanica 320 CHAPIN LN FRONT 1 LONDON PLANE Platanus X hispanica 320 CHAPIN LN FRONT 2 VACANT SITE Vacant site 324 CHAPIN LN FRONT 1 LONDON PLANE Platanus X hispanica 328 CHAPIN LN FRONT 1 LONDON PLANE Platanus X hispanica 328 CHAPIN LN FRONT 2 LONDON PLANE Platanus X hispanica 301 CLARENDON RD SIDE 1 CAMPHOR TREE Cinnamomum camphora 1508 COLUMBUS AV FRONT 1 AMERICAN SWEETGUM Liquidambar styraciflua 1512 COLUMBUS AV FRONT 1 RED OAK Quercus rubra 1516 COLUMBUS AV FRONT 1 OAK Quercus spp. 1520 COLUMBUS AV FRONT 1 RED OAK Quercus rubra 1524 COLUMBUS AV FRONT 1 RED OAK Quercus rubra 1528 COLUMBUS AV FRONT 1 SHUMARD RED OAK Quercus shumardii 1532 COLUMBUS AV FRONT 1 RED OAK Quercus rubra 1588 COLUMBUS AV FRONT 1 AUSTRALIAN WILLOW Geijera parviflora 1588 COLUMBUS AV FRONT 2 NICHOLS WILLOW LEAFED PEPPER Eucalyptus nicholii 1592 COLUMBUS AV FRONT 1 RED OAK Quercus rubra 1596 COLUMBUS AV FRONT 1 RED OAK Quercus rubra 510 CORBITT DR FRONT 1 EVERGREEN PEAR Pyrus kawakamii 535 CORBITT DR FRONT 1 LONDON PLANE Platanus X hispanica 539 CORBITT DR FRONT 1 LONDON PLANE Platanus X hispanica 543 CORBITT DR FRONT 1 LONDON PLANE Platanus X hispanica 1477 CORTEZ AV SIDE 1 LONDON PLANE Platanus X hispanica 1477 CORTEZ AV SIDE 2 LONDON PLANE Platanus X hispanica 1478 CORTEZ AV SIDE 1 TRIDENT MAPLE Acer buergeranum 1478 CORTEZ AV SIDE 2 TRIDENT MAPLE Acer buergeranum 1478 CORTEZ AV SIDE 6 LOCUST Robinia spp. 1478 CORTEZ AV SIDE 7 LOCUST Robinia spp. 1478 CORTEZ AV SIDE 8 LOCUST Robinia spp. 815 CROSSWAY RD FRONT 1 RED MAPLE Acer rubrum 843 CROSSWAY RD SIDE 1 ORNAMENTAL PEAR Pyrus calleryana EXHIBIT A 166 843 CROSSWAY RD SIDE 2 EVERGREEN PEAR Pyrus kawakamii 843 CROSSWAY RD SIDE 3 LONDON PLANE Platanus X hispanica 1407 DESOTO AV FRONT 1 LONDON PLANE Platanus X hispanica 1408 DESOTO AV FRONT 1 SYCAMORE Platanus spp. 1110 DOUGLAS AV FRONT 1 LONDON PLANE Platanus X hispanica 1110 DOUGLAS AV FRONT 2 LONDON PLANE Platanus X hispanica 1111 DOUGLAS AV FRONT 2 LONDON PLANE Platanus X hispanica 1116 DOUGLAS AV FRONT 1 LONDON PLANE Platanus X hispanica 1120 DOUGLAS AV FRONT 1 AMERICAN SYCAMORE Platanus occidentalis 1120 DOUGLAS AV FRONT 2 COLUMBIA PLANE Platanus X hispanica 'Columbia' 1121 DOUGLAS AV FRONT 1 COLUMBIA PLANE Platanus X hispanica 'Columbia' 1124 DOUGLAS AV FRONT 1 ORNAMENTAL PEAR Pyrus calleryana 1124 DOUGLAS AV FRONT 2 ORNAMENTAL PEAR Pyrus calleryana 1128 DOUGLAS AV FRONT 1 VACANT SITE Vacant site 1132 DOUGLAS AV FRONT 1 LONDON PLANE Platanus X hispanica 1134 DOUGLAS AV FRONT 1 LONDON PLANE Platanus X hispanica 1134 DOUGLAS AV FRONT 2 LONDON PLANE Platanus X hispanica 1138 DOUGLAS AV FRONT 1 LONDON PLANE Platanus X hispanica 1138 DOUGLAS AV FRONT 2 VACANT SITE Vacant site 305 DWIGHT RD FRONT 1 AMERICAN SWEETGUM Liquidambar styraciflua 305 DWIGHT RD FRONT 2 RED OAK Quercus rubra 309 DWIGHT RD FRONT 1 RED OAK Quercus rubra 321 DWIGHT RD FRONT 1 RED OAK Quercus rubra 323 DWIGHT RD FRONT 1 RED OAK Quercus rubra 325 DWIGHT RD FRONT 1 SOUTHERN MAGNOLIA Magnolia grandiflora 332 DWIGHT RD FRONT 1 RED OAK Quercus rubra 333 DWIGHT RD FRONT 1 EVERGREEN PEAR Pyrus kawakamii 336 DWIGHT RD FRONT 1 RED OAK Quercus rubra 340 DWIGHT RD FRONT 1 RED OAK Quercus rubra 341 DWIGHT RD FRONT 1 RED OAK Quercus rubra 1501 EASTON DR FRONT 1 VACANT SITE Vacant site 1505 EASTON DR FRONT 1 LEMON-SCENTED GUM Corymbia citriodora 1505 EASTON DR FRONT 2 NO REPLANT No Replant 1509 EASTON DR FRONT 1 LEMON-SCENTED GUM Corymbia citriodora EXHIBIT A 167 1601 EASTON DR FRONT 1 BLUE GUM Eucalyptus globulus 1605 EASTON DR FRONT 1 LEMON-SCENTED GUM Corymbia citriodora 1609 EASTON DR FRONT 1 LEMON-SCENTED GUM Corymbia citriodora 1613 EASTON DR FRONT 1 EUCALYPTUS Eucalyptus spp. 1616 EASTON DR FRONT 1 EUCALYPTUS Eucalyptus spp. 1705 EASTON DR FRONT 1 LEMON-SCENTED GUM Corymbia citriodora 1709 EASTON DR FRONT 1 LEMON-SCENTED GUM Corymbia citriodora 1709 EASTON DR FRONT 2 YUCCA SPECIES Yucca spp. 1715 EASTON DR FRONT 1 EUCALYPTUS Eucalyptus spp. 1719 EASTON DR FRONT 1 EUCALYPTUS Eucalyptus spp. 1805 EASTON DR FRONT 1 LEMON-SCENTED GUM Corymbia citriodora 1809 EASTON DR FRONT 1 LEMON-SCENTED GUM Corymbia citriodora 1809 EASTON DR FRONT 2 LEMON-SCENTED GUM Corymbia citriodora 1815 EASTON DR FRONT 1 LEMON-SCENTED GUM Corymbia citriodora 1905 EASTON DR FRONT 1 VACANT SITE Vacant site 1905 EASTON DR FRONT 2 LEMON-SCENTED GUM Corymbia citriodora 1905 EASTON DR FRONT 3 STUMP Stump 1907 EASTON DR FRONT 1 LEMON-SCENTED GUM Corymbia citriodora 1907 EASTON DR FRONT 2 CALIFORNIA PEPPER Schinus molle 1908 EASTON DR FRONT 3 STUMP - NOT ACCESSIBLE Stump - not accessible 1911 EASTON DR FRONT 1 LEMON-SCENTED GUM Corymbia citriodora 1912 EASTON DR FRONT 1 LEMON-SCENTED GUM Corymbia citriodora 2001 EASTON DR FRONT 1 BLUE GUM Eucalyptus globulus 2001 EASTON DR FRONT 2 SOUTHERN MAGNOLIA Magnolia grandiflora 2001 EASTON DR FRONT 3 BLUE GUM Eucalyptus globulus 2017 EASTON DR FRONT 1 LEMON-SCENTED GUM Corymbia citriodora 2017 EASTON DR FRONT 2 LEMON-SCENTED GUM Corymbia citriodora 815 EDGEHILL DR FRONT 1 MAYTEN TREE Maytenus boaria 1315 EDGEHILL DR FRONT 1 AMERICAN SWEETGUM Liquidambar styraciflua 1315 EDGEHILL DR FRONT 2 AMERICAN SWEETGUM Liquidambar styraciflua 1315 EDGEHILL DR FRONT 3 RED MAPLE Acer rubrum 1315 EDGEHILL DR FRONT 4 CALIFORNIA BAY Umbellularia californica 1323 EDGEHILL DR FRONT 1 CHINESE TALLOW TREE Triadica sebifera 1416 FLORIBUNDA AV FRONT 1 AMERICAN SWEETGUM Liquidambar styraciflua EXHIBIT A 168 1422 FLORIBUNDA AV FRONT 1 MAYTEN TREE Maytenus boaria 1440 FLORIBUNDA AV FRONT 1 VACANT SITE Vacant site 1446 FLORIBUNDA AV FRONT 1 SOUTHERN MAGNOLIA Magnolia grandiflora 1446 FLORIBUNDA AV FRONT 2 SOUTHERN MAGNOLIA Magnolia grandiflora 1452 FLORIBUNDA AV FRONT 1 SOUTHERN MAGNOLIA Magnolia grandiflora 1452 FLORIBUNDA AV FRONT 2 SOUTHERN MAGNOLIA Magnolia grandiflora 1452 FLORIBUNDA AV FRONT 3 SOUTHERN MAGNOLIA Magnolia grandiflora 1452 FLORIBUNDA AV FRONT 4 SOUTHERN MAGNOLIA Magnolia grandiflora 1500 FLORIBUNDA AV FRONT 1 SOUTHERN MAGNOLIA Magnolia grandiflora 1500 FLORIBUNDA AV FRONT 2 SOUTHERN MAGNOLIA Magnolia grandiflora 1500 FLORIBUNDA AV FRONT 3 SOUTHERN MAGNOLIA Magnolia grandiflora 1500 FLORIBUNDA AV FRONT 4 AMERICAN SWEETGUM Liquidambar styraciflua 1500 FLORIBUNDA AV MEDIAN 1 CANARY ISLAND DATE PALM Phoenix canariensis 1508 FLORIBUNDA AV FRONT 1 AMERICAN SWEETGUM Liquidambar styraciflua 1508 FLORIBUNDA AV FRONT 2 ORNAMENTAL PEAR Pyrus calleryana 1512 FLORIBUNDA AV FRONT 1 RED MAPLE Acer rubrum 1512 FLORIBUNDA AV FRONT 2 TRIDENT MAPLE Acer buergeranum 1512 FLORIBUNDA AV FRONT 3 TRIDENT MAPLE Acer buergeranum 1520 FLORIBUNDA AV FRONT 1 AMERICAN SWEETGUM Liquidambar styraciflua 1520 FLORIBUNDA AV FRONT 2 AMERICAN SWEETGUM Liquidambar styraciflua 1528 FLORIBUNDA AV FRONT 1 AMERICAN SWEETGUM Liquidambar styraciflua 1528 FLORIBUNDA AV FRONT 2 SOUTHERN MAGNOLIA Magnolia grandiflora 1532 FLORIBUNDA AV FRONT 1 AMERICAN SWEETGUM Liquidambar styraciflua 501 FRANCISCO DR FRONT 3 LONDON PLANE Platanus X hispanica 501 FRANCISCO DR FRONT 4 EUROPEAN WHITE BIRCH Betula pendula 508 FRANCISCO DR FRONT 1 LONDON PLANE Platanus X hispanica 512 FRANCISCO DR FRONT 1 LONDON PLANE Platanus X hispanica 512 FRANCISCO DR FRONT 2 LONDON PLANE Platanus X hispanica 520 FRANCISCO DR FRONT 1 LONDON PLANE Platanus X hispanica 524 FRANCISCO DR FRONT 1 LONDON PLANE Platanus X hispanica 526 FRANCISCO DR FRONT 1 LONDON PLANE Platanus X hispanica 41 HIGHLAND AV SIDE 1 CHINESE TALLOW TREE Triadica sebifera 1920 HILLSIDE DR SIDE 1 LONDON PLANE Platanus X hispanica 700 HOWARD AV SIDE 1 PURPLE-LEAF PLUM Prunus cerasifera EXHIBIT A 169 700 HOWARD AV SIDE 2 STONE FRUIT Prunus spp. 700 HOWARD AV SIDE 3 PEACH Prunus persica 1210 LAGUNA AV FRONT 1 NO REPLANT No Replant 1215 LAGUNA AV FRONT 1 RED MAPLE Acer rubrum 1225 LAGUNA AV FRONT 1 SYCAMORE Platanus spp. 1229 LAGUNA AV FRONT 1 SOUTHERN MAGNOLIA Magnolia grandiflora 1233 LAGUNA AV FRONT 1 RED MAPLE Acer rubrum 1237 LAGUNA AV FRONT 1 SOUTHERN MAGNOLIA Magnolia grandiflora 1241 LAGUNA AV FRONT 1 VACANT SITE Vacant site 1245 LAGUNA AV FRONT 1 AMERICAN SWEETGUM Liquidambar styraciflua 1245 LAGUNA AV FRONT 2 ASH SPECIES Fraxinus spp. 1321 LAGUNA AV FRONT 2 TRIDENT MAPLE Acer buergeranum 1325 LAGUNA AV FRONT 1 TRIDENT MAPLE Acer buergeranum 1329 LAGUNA AV FRONT 1 SOUTHERN MAGNOLIA Magnolia grandiflora 1333 LAGUNA AV FRONT 1 VACANT SITE Vacant site 1337 LAGUNA AV FRONT 1 SOUTHERN MAGNOLIA Magnolia grandiflora 1337 LAGUNA AV FRONT 2 SOUTHERN MAGNOLIA Magnolia grandiflora 1341 LAGUNA AV FRONT 1 RED MAPLE Acer rubrum 1345 LAGUNA AV FRONT 1 EVERGREEN PEAR Pyrus kawakamii 1349 LAGUNA AV FRONT 1 SOUTHERN MAGNOLIA Magnolia grandiflora 1349 LAGUNA AV FRONT 2 SOUTHERN MAGNOLIA Magnolia grandiflora 1355 LAGUNA AV FRONT 1 TRIDENT MAPLE Acer buergeranum 1355 LAGUNA AV FRONT 2 RED MAPLE Acer rubrum 1355 LAGUNA AV FRONT 3 RED MAPLE Acer rubrum 1355 LAGUNA AV FRONT 4 RED MAPLE Acer rubrum 1411 LAGUNA AV FRONT 1 AMERICAN SWEETGUM Liquidambar styraciflua 1415 LAGUNA AV FRONT 1 SILK TREE Albizia julibrissin 1421 LAGUNA AV FRONT 1 YOSHINO CHERRY Prunus yedoensis 1423 LAGUNA AV FRONT 1 AMERICAN SWEETGUM Liquidambar styraciflua 500 MARIN DR FRONT 2 LONDON PLANE Platanus X hispanica 501 MARIN DR FRONT 1 LONDON PLANE Platanus X hispanica 528 MARIN DR FRONT 1 LONDON PLANE Platanus X hispanica 1109 MILLS AV FRONT 1 IDAHO LOCUST Robinia ambigua 'Idahoensis' 1109 MILLS AV FRONT 2 PINK LOCUST Robinia ambigua EXHIBIT A 170 1201 MILLS AV FRONT 1 LONDON PLANE Platanus X hispanica 1201 MILLS AV FRONT 2 PINK LOCUST Robinia ambigua 1205 MILLS AV FRONT 1 PINK LOCUST Robinia ambigua 1205 MILLS AV FRONT 2 LONDON PLANE Platanus X hispanica 1209 MILLS AV FRONT 1 LONDON PLANE Platanus X hispanica 1213 MILLS AV FRONT 1 RAYWOOD ASH Fraxinus angustifolia 'Raywood' 1213 MILLS AV FRONT 2 RAYWOOD ASH Fraxinus angustifolia 'Raywood' 1217 MILLS AV FRONT 1 LONDON PLANE Platanus X hispanica 1301 MILLS AV FRONT 1 SOUTHERN MAGNOLIA Magnolia grandiflora 1305 MILLS AV FRONT 1 SOUTHERN MAGNOLIA Magnolia grandiflora 1309 MILLS AV FRONT 1 WESTERN CATALPA Catalpa speciosa 1313 MILLS AV FRONT 1 WESTERN CATALPA Catalpa speciosa 1313 MILLS AV FRONT 2 WESTERN CATALPA Catalpa speciosa 1405 MILLS AV FRONT 1 AMERICAN SWEETGUM Liquidambar styraciflua 1409 MILLS AV FRONT 1 SYCAMORE Platanus spp. 1409 MILLS AV FRONT 2 SYCAMORE Platanus spp. 1031 MORRELL AV SIDE 1 SYCAMORE Platanus spp. 1031 MORRELL AV SIDE 2 VACANT SITE Vacant site 1500 NEWLANDS AV FRONT 1 LONDON PLANE Platanus X hispanica 1500 NEWLANDS AV FRONT 2 LONDON PLANE Platanus X hispanica 1500 NEWLANDS AV FRONT 3 LONDON PLANE Platanus X hispanica 1528 NEWLANDS AV FRONT 2 LONDON PLANE Platanus X hispanica 1532 NEWLANDS AV FRONT 1 LONDON PLANE Platanus X hispanica 1540 NEWLANDS AV FRONT 1 LONDON PLANE Platanus X hispanica 1540 NEWLANDS AV FRONT 2 LONDON PLANE Platanus X hispanica 1540 NEWLANDS AV FRONT 3 LONDON PLANE Platanus X hispanica 1546 NEWLANDS AV FRONT 1 LONDON PLANE Platanus X hispanica 1546 NEWLANDS AV FRONT 2 LONDON PLANE Platanus X hispanica 1548 NEWLANDS AV FRONT 1 LONDON PLANE Platanus X hispanica 1551 NEWLANDS AV FRONT 1 LONDON PLANE Platanus X hispanica 1201 OAK GROVE AV FRONT 1 RED OAK Quercus rubra 1209 OAK GROVE AV FRONT 1 RED OAK Quercus rubra 1210 OAK GROVE AV FRONT 1 SCARLET OAK Quercus coccinea 1217 OAK GROVE AV FRONT 1 RED OAK Quercus rubra EXHIBIT A 171 1217 OAK GROVE AV FRONT 2 RED OAK Quercus rubra 1221 OAK GROVE AV FRONT 2 RED OAK Quercus rubra 1225 OAK GROVE AV FRONT 1 RED OAK Quercus rubra 1235 OAK GROVE AV FRONT 1 RED OAK Quercus rubra 1239 OAK GROVE AV FRONT 1 RED OAK Quercus rubra 1239 OAK GROVE AV FRONT 2 RED OAK Quercus rubra 1245 OAK GROVE AV FRONT 1 RED OAK Quercus rubra 1245 OAK GROVE AV FRONT 2 RED OAK Quercus rubra 1265 OAK GROVE AV FRONT 1 RED OAK Quercus rubra 1269 OAK GROVE AV FRONT 1 RED OAK Quercus rubra 1275 OAK GROVE AV FRONT 1 RED OAK Quercus rubra 1285 OAK GROVE AV FRONT 1 RED OAK Quercus rubra 1285 OAK GROVE AV FRONT 2 RED OAK Quercus rubra 1407 OAK GROVE AV FRONT 1 CHINESE TALLOW TREE Triadica sebifera 1419 OAK GROVE AV FRONT 1 CRAPE MYRTLE Lagerstroemia indica 1449 OAK GROVE AV REAR 1 RED OAK Quercus rubra 1457 OAK GROVE AV FRONT 1 AUSTRALIAN WILLOW Geijera parviflora 1459 OAK GROVE AV FRONT 1 RED OAK Quercus rubra 1463 OAK GROVE AV FRONT 1 RED OAK Quercus rubra 1491 OAK GROVE AV FRONT 1 VACANT SITE Vacant site 1493 OAK GROVE AV FRONT 1 RED OAK Quercus rubra 101 OCCIDENTAL AV FRONT 1 LONDON PLANE Platanus X hispanica 105 OCCIDENTAL AV FRONT 1 LONDON PLANE Platanus X hispanica 109 OCCIDENTAL AV FRONT 1 LONDON PLANE Platanus X hispanica 109 OCCIDENTAL AV FRONT 2 LONDON PLANE Platanus X hispanica 115 OCCIDENTAL AV FRONT 1 LONDON PLANE Platanus X hispanica 115 OCCIDENTAL AV FRONT 2 LONDON PLANE Platanus X hispanica 117 OCCIDENTAL AV FRONT 1 LONDON PLANE Platanus X hispanica 117 OCCIDENTAL AV FRONT 2 LONDON PLANE Platanus X hispanica 121 OCCIDENTAL AV FRONT 1 LONDON PLANE Platanus X hispanica 121 OCCIDENTAL AV FRONT 2 LONDON PLANE Platanus X hispanica 125 OCCIDENTAL AV FRONT 1 LONDON PLANE Platanus X hispanica 125 OCCIDENTAL AV FRONT 2 LONDON PLANE Platanus X hispanica 129 OCCIDENTAL AV FRONT 1 LONDON PLANE Platanus X hispanica EXHIBIT A 172 129 OCCIDENTAL AV FRONT 2 LONDON PLANE Platanus X hispanica 133 OCCIDENTAL AV FRONT 1 LONDON PLANE Platanus X hispanica 139 OCCIDENTAL AV FRONT 1 LONDON PLANE Platanus X hispanica 139 OCCIDENTAL AV FRONT 2 LONDON PLANE Platanus X hispanica 141 OCCIDENTAL AV FRONT 1 LONDON PLANE Platanus X hispanica 145 OCCIDENTAL AV FRONT 1 LONDON PLANE Platanus X hispanica 149 OCCIDENTAL AV FRONT 1 LONDON PLANE Platanus X hispanica 149 OCCIDENTAL AV FRONT 2 LONDON PLANE Platanus X hispanica 153 OCCIDENTAL AV FRONT 1 LONDON PLANE Platanus X hispanica 157 OCCIDENTAL AV FRONT 1 LONDON PLANE Platanus X hispanica 157 OCCIDENTAL AV FRONT 2 LONDON PLANE Platanus X hispanica 211 OCCIDENTAL AV FRONT 1 LONDON PLANE Platanus X hispanica 245 OCCIDENTAL AV FRONT 1 LONDON PLANE Platanus X hispanica 245 OCCIDENTAL AV FRONT 2 ORNAMENTAL PEAR Pyrus calleryana 300 OCCIDENTAL AV FRONT 1 LONDON PLANE Platanus X hispanica 300 OCCIDENTAL AV FRONT 2 LONDON PLANE Platanus X hispanica 300 OCCIDENTAL AV FRONT 3 LONDON PLANE Platanus X hispanica 300 OCCIDENTAL AV FRONT 4 LONDON PLANE Platanus X hispanica 300 OCCIDENTAL AV FRONT 5 LONDON PLANE Platanus X hispanica 340 OCCIDENTAL AV FRONT 1 LONDON PLANE Platanus X hispanica 344 OCCIDENTAL AV FRONT 1 LONDON PLANE Platanus X hispanica 344 OCCIDENTAL AV FRONT 2 LONDON PLANE Platanus X hispanica 344 OCCIDENTAL AV FRONT 3 LONDON PLANE Platanus X hispanica 1101 OXFORD RD SIDE 1 SOUTHERN MAGNOLIA Magnolia grandiflora 1101 OXFORD RD SIDE 2 SOUTHERN MAGNOLIA Magnolia grandiflora 1101 OXFORD RD SIDE 3 SOUTHERN MAGNOLIA Magnolia grandiflora 1112 PALM DR FRONT 1 SOUTHERN MAGNOLIA Magnolia grandiflora 1112 PALM DR FRONT 2 LONDON PLANE Platanus X hispanica 1116 PALM DR FRONT 1 SYCAMORE Platanus spp. 1116 PALM DR FRONT 2 LONDON PLANE Platanus X hispanica 1120 PALM DR FRONT 1 LONDON PLANE Platanus X hispanica 1124 PALM DR FRONT 1 LONDON PLANE Platanus X hispanica 1128 PALM DR FRONT 1 LONDON PLANE Platanus X hispanica 1132 PALM DR FRONT 1 LONDON PLANE Platanus X hispanica EXHIBIT A 173 1133 PALM DR FRONT 1 VACANT SITE Vacant site 1136 PALM DR FRONT 1 LONDON PLANE Platanus X hispanica 1140 PALM DR FRONT 1 LONDON PLANE Platanus X hispanica 1140 PALM DR FRONT 2 LONDON PLANE Platanus X hispanica 1144 PALM DR FRONT 1 AMERICAN SWEETGUM Liquidambar styraciflua 1204 PALM DR FRONT 1 LONDON PLANE Platanus X hispanica 1204 PALM DR FRONT 2 LONDON PLANE Platanus X hispanica 1208 PALM DR FRONT 1 LONDON PLANE Platanus X hispanica 1208 PALM DR FRONT 2 LONDON PLANE Platanus X hispanica 1308 PALM DR FRONT 1 CRAPE MYRTLE Lagerstroemia indica 1312 PALM DR FRONT 1 LONDON PLANE Platanus X hispanica 1316 PALM DR FRONT 1 LONDON PLANE Platanus X hispanica 1316 PALM DR FRONT 2 LONDON PLANE Platanus X hispanica 1404 PALM DR FRONT 1 MAYTEN TREE Maytenus boaria 1404 PALM DR FRONT 2 MAYTEN TREE Maytenus boaria 1408 PALM DR FRONT 1 LONDON PLANE Platanus X hispanica 1408 PALM DR FRONT 2 LONDON PLANE Platanus X hispanica 1421 PALM DR FRONT 1 LONDON PLANE Platanus X hispanica 1429 PALM DR FRONT 1 LONDON PLANE Platanus X hispanica 1430 PALM DR FRONT 1 LONDON PLANE Platanus X hispanica 1430 PALM DR FRONT 2 LONDON PLANE Platanus X hispanica 1430 PALM DR FRONT 3 LONDON PLANE Platanus X hispanica 1430 PALM DR FRONT 4 LONDON PLANE Platanus X hispanica 1430 PALM DR FRONT 5 LONDON PLANE Platanus X hispanica 49 PARK RD SIDE 1 FLOWERING PLUM Prunus blireiana 49 PARK RD SIDE 2 FLOWERING PLUM Prunus blireiana 1104 SANCHEZ AV FRONT 1 LONDON PLANE Platanus X hispanica 1104 SANCHEZ AV FRONT 2 LONDON PLANE Platanus X hispanica 1108 SANCHEZ AV FRONT 1 LONDON PLANE Platanus X hispanica 1112 SANCHEZ AV FRONT 1 VACANT SITE Vacant site 1120 SANCHEZ AV FRONT 1 VACANT SITE Vacant site 1120 SANCHEZ AV FRONT 2 VACANT SITE Vacant site 1202 SANCHEZ AV FRONT 1 LONDON PLANE Platanus X hispanica 1208 SANCHEZ AV FRONT 1 LONDON PLANE Platanus X hispanica EXHIBIT A 174 1212 SANCHEZ AV FRONT 1 LONDON PLANE Platanus X hispanica 1220 SANCHEZ AV FRONT 1 AMERICAN SWEETGUM Liquidambar styraciflua 1220 SANCHEZ AV FRONT 2 SOUTHERN MAGNOLIA Magnolia grandiflora 1220 SANCHEZ AV FRONT 3 CHINESE TALLOW TREE Triadica sebifera 1220 SANCHEZ AV FRONT 4 SOUTHERN MAGNOLIA Magnolia grandiflora 1220 SANCHEZ AV FRONT 5 MAIDENHAIR TREE Ginkgo biloba 1220 SANCHEZ AV SIDE 1 MAIDENHAIR TREE Ginkgo biloba 1300 SANCHEZ AV FRONT 1 LONDON PLANE Platanus X hispanica 1308 SANCHEZ AV FRONT 1 MAIDENHAIR TREE Ginkgo biloba 1308 SANCHEZ AV FRONT 2 BLOODGOOD PLANE Platanus X hispanica 'Bloodgood' 1312 SANCHEZ AV FRONT 1 LONDON PLANE Platanus X hispanica 1316 SANCHEZ AV FRONT 1 LONDON PLANE Platanus X hispanica 1332 SANCHEZ AV FRONT 1 LONDON PLANE Platanus X hispanica 1336 SANCHEZ AV FRONT 1 LONDON PLANE Platanus X hispanica 1340 SANCHEZ AV FRONT 1 LONDON PLANE Platanus X hispanica 1344 SANCHEZ AV FRONT 1 LONDON PLANE Platanus X hispanica 1349 SANCHEZ AV FRONT 1 LONDON PLANE Platanus X hispanica 1404 SANCHEZ AV FRONT 1 LONDON PLANE Platanus X hispanica 1404 SANCHEZ AV FRONT 2 LONDON PLANE Platanus X hispanica 1408 SANCHEZ AV FRONT 1 VACANT SITE Vacant site 1412 SANCHEZ AV FRONT 1 LONDON PLANE Platanus X hispanica 1418 SANCHEZ AV FRONT 1 LONDON PLANE Platanus X hispanica 1420 SANCHEZ AV FRONT 1 VACANT SITE Vacant site 1700 SHERMAN AV FRONT 1 SOUTHERN MAGNOLIA Magnolia grandiflora 1700 SHERMAN AV FRONT 2 SOUTHERN MAGNOLIA Magnolia grandiflora 1700 SHERMAN AV FRONT 3 SOUTHERN MAGNOLIA Magnolia grandiflora 1700 SHERMAN AV FRONT 4 SOUTHERN MAGNOLIA Magnolia grandiflora 1720 SHERMAN AV FRONT 1 CRAPE MYRTLE Lagerstroemia indica 1720 SHERMAN AV FRONT 2 CRAPE MYRTLE Lagerstroemia indica 1720 SHERMAN AV FRONT 3 CRAPE MYRTLE Lagerstroemia indica 1720 SHERMAN AV FRONT 4 CRAPE MYRTLE Lagerstroemia indica 1720 SHERMAN AV FRONT 5 CRAPE MYRTLE Lagerstroemia indica 1720 SHERMAN AV FRONT 6 CRAPE MYRTLE Lagerstroemia indica 1720 SHERMAN AV FRONT 7 CRAPE MYRTLE Lagerstroemia indica EXHIBIT A 175 1720 SHERMAN AV FRONT 8 CRAPE MYRTLE Lagerstroemia indica 37 STANLEY RD FRONT 2 AMERICAN SWEETGUM Liquidambar styraciflua 40 STANLEY RD FRONT 2 AMERICAN SWEETGUM Liquidambar styraciflua 40 STANLEY RD SIDE 1 MAIDENHAIR TREE Ginkgo biloba 117 STANLEY RD FRONT 1 RED MAPLE Acer rubrum 121 STANLEY RD FRONT 1 TULIP TREE Liriodendron tulipifera 129 STANLEY RD FRONT 1 TULIP TREE Liriodendron tulipifera 133 STANLEY RD FRONT 1 TULIP TREE Liriodendron tulipifera 133 STANLEY RD FRONT 2 TULIP TREE Liriodendron tulipifera 137 STANLEY RD FRONT 1 TULIP TREE Liriodendron tulipifera 137 STANLEY RD FRONT 2 TULIP TREE Liriodendron tulipifera 209 STANLEY RD FRONT 1 TULIP TREE Liriodendron tulipifera 213 STANLEY RD FRONT 1 CHINESE TALLOW TREE Triadica sebifera 217 STANLEY RD FRONT 1 TULIP TREE Liriodendron tulipifera 221 STANLEY RD FRONT 1 TULIP TREE Liriodendron tulipifera 221 STANLEY RD FRONT 2 TRIDENT MAPLE Acer buergeranum 221 STANLEY RD FRONT 3 TULIP TREE Liriodendron tulipifera 225 STANLEY RD FRONT 1 VACANT SITE Vacant site 229 STANLEY RD FRONT 1 TULIP TREE Liriodendron tulipifera 229 STANLEY RD FRONT 2 TRIDENT MAPLE Acer buergeranum 1104 VANCOUVER AV FRONT 1 GOLDENRAIN TREE Koelreuteria paniculata 1104 VANCOUVER AV FRONT 2 GOLDENRAIN TREE Koelreuteria paniculata 1108 VANCOUVER AV FRONT 1 TRIDENT MAPLE Acer buergeranum 1112 VANCOUVER AV FRONT 1 GOLDENRAIN TREE Koelreuteria paniculata 1112 VANCOUVER AV FRONT 2 SOUTHERN MAGNOLIA Magnolia grandiflora 1116 VANCOUVER AV FRONT 1 WESTERN CATALPA Catalpa speciosa 1116 VANCOUVER AV FRONT 2 WESTERN CATALPA Catalpa speciosa 1120 VANCOUVER AV FRONT 1 TRIDENT MAPLE Acer buergeranum 1120 VANCOUVER AV FRONT 2 WESTERN CATALPA Catalpa speciosa 1486 VANCOUVER AV SIDE 1 LONDON PLANE Platanus X hispanica 1486 VANCOUVER AV SIDE 2 LONDON PLANE Platanus X hispanica 1486 VANCOUVER AV SIDE 3 ORNAMENTAL PEAR Pyrus calleryana 1486 VANCOUVER AV SIDE 4 PURPLE-LEAF PLUM Prunus cerasifera 600 VERNON WY FRONT 1 RED OAK Quercus rubra EXHIBIT A 176 719 WINCHESTER DR FRONT 1 LONDON PLANE Platanus X hispanica 723 WINCHESTER DR FRONT 1 SYCAMORE Platanus spp. 727 WINCHESTER DR FRONT 1 LONDON PLANE Platanus X hispanica 731 WINCHESTER DR FRONT 1 LONDON PLANE Platanus X hispanica 735 WINCHESTER DR FRONT 1 LONDON PLANE Platanus X hispanica 739 WINCHESTER DR FRONT 1 LONDON PLANE Platanus X hispanica 743 WINCHESTER DR FRONT 1 LONDON PLANE Platanus X hispanica 747 WINCHESTER DR FRONT 1 LONDON PLANE Platanus X hispanica 751 WINCHESTER DR FRONT 1 LONDON PLANE Platanus X hispanica 755 WINCHESTER DR FRONT 1 VACANT SITE Vacant site 801 WINCHESTER DR FRONT 1 LONDON PLANE Platanus X hispanica 805 WINCHESTER DR FRONT 1 LONDON PLANE Platanus X hispanica 808 WINCHESTER DR FRONT 3 LONDON PLANE Platanus X hispanica 809 WINCHESTER DR FRONT 1 LONDON PLANE Platanus X hispanica 813 WINCHESTER DR FRONT 1 LONDON PLANE Platanus X hispanica 817 WINCHESTER DR FRONT 1 LONDON PLANE Platanus X hispanica 821 WINCHESTER DR FRONT 1 LONDON PLANE Platanus X hispanica EXHIBIT A 177 Staff have researched alternative species that may resemble existing features of the current designated Themed Block Species that present overhead utility conflict. These species are generally shorter in stature and should not exceed a height of 25’. Red Maple Replacement Options The current Red Maple is a fast-growing upright tree. The tree has a smooth, grey-colored bark. Leaves are green in the spring and summer and turn red with the fall leaf drop. Being a maple, this species has a moderate need for water and can have aggressive rooting. The Red maple typically grows to heights of 40-60’. One alternative tree to consider is the Shangtung Maple (Acer truncatum) (Exhibit C). This specimen grows to a height of 25’ and has been recommended by some nurseries as a street tree under electrical utility wires. This tree also has green leaves in the spring and summer, though these leaves appear glossy compared to the Dull green of the Red Maple. The Shangtung Maple also has bright red leaves in the fall and is pest and disease- resistant. This species is available from one of the local wholesale tree suppliers. The Moosebark Maple (Acer pensylvanicum) is a smaller stature maple native to the Eastern United States. This specimen can often take on a more shrubbery form. Spring and summer leaves are dull green, which matches the appearance of a Red Maple. However, fall leaves become yellow. This tree is also prone to sun scorch in areas of full sun. This species was unable to be sourced locally. Red Oak Replacement Options The current Red Oak grows at a moderate pace. This specimen tends to grow in broad form, eventually reaching heights that present overhead utility conflict. This species is deciduous, with green leaves in the spring and summer that turn brown in the fall. One smaller oak species that may appear similar is the Gambel Oak (Quercus gambelli) (Exhibit D). The Gambel Oak is native to the Southwest. It often appears shrubby in its natural form. This species will require significant training and pruning by staff to establish itself as a street tree in the urban environment. The Gambel Oak is susceptible to fungal diseases anthracnose and powdery mildew, similar to Red Oaks. The Gambel oak produces green leaves in the Spring and Summer that turn brown in the fall. This species can be sourced through a local wholesale nursery. Another alternative is the Dwarf Chinkapin Oak (Quercus prinoides). This species is a smaller-stature species native to the Eastern United States. These trees produce a heavy crop of acorns starting at a young age. These trees do not tolerate root pruning well. Spring and summer leaves are oval-shaped and green in color. Fall leaves turn brown. This species is not readily available from local wholesale suppliers. London Planetree The current London Planetree is a fast-growing upright tree that can reach heights of 80’. The City currently plants the ‘Columbia’ variety as these have the greatest disease resistance to the common fungal diseases anthracnose and powdery mildew. These trees have strong vertical growth, often presenting utility conflict within 5 years. Aplen’s Globe Planetree (Platanus acerifolia ‘Alpen’s Globe’) is a dwarf variety planetree (Exhibit E). This is a newly developed European variety. This variety mimics the same look as the current Planetrees existing in Burlingame but is grafted to a dwarfing rootstock to limit the tree's growth. We have been unable to source this species in the United States. Another variety researched is the Platanus acerifolia ‘Mirkovec’. This 178 is another European variety with similar attributes desired. It, too, cannot be sourced in the United States. If no suitable smaller-stature Planetree is available, an alternative maple species as listed above could be considered. Staff have had difficulty sourcing trees that were once readily available. Staff consults with four local wholesale nurseries to bulk purchase Street trees. In the last several years, the nursery industry has shifted priorities to focus on providing species in the highest demand. Trees that were once readily available are seemingly nowhere to be found locally. This leaves staff ordering small saplings from out of state and growing them in the Parks Yard nursery. The result is smaller specimens being planted in designated Themed Block areas and greater staff time procuring and growing Themed Block Species. In preparation for the Thursday, May 1, 2025 Beautification Commission Meeting, the City has noticed this subject via the City E-news, social media, and mailing to over 3,700 residents and property owners that live in Themed Block areas. The cost of this mailing was over $1,700. FISCAL IMPACT The fiscal impact will likely be lower long-term costs due to the increased maintenance and removal needs of trees in conflict with utilities. However, costs of procuring and planting designated Themed Block species may increase depending on the species designated by the Commission. EXHIBITS A. March 6, 2025 Staff Report B. Draft Minutes of the March 6, 2025 Beautification Commission Meeting C. Shangtung Maple Data Sheet D. Gambel Oak Data Sheet E. Alphen’s Globe Planetree Data Sheet 179 Scientific Name Acer truncatum Common Name Shantung Maple Common Name: shantung maple Type: Tree Family: Sapindaceae Zone: 4 to 8 Height: 20.00 to 25.00 feet Spread: 15.00 to 20.00 feet Bloom Time: April Bloom Description: Greenish yellow Sun: Full sun to part shade Water: Medium Maintenance: Low Flower: Insignificant Leaf: Good Fall Tolerate: Drought EXHIBIT C 180 © Copyright by Mountain States Wholesale Nursery 2005 Visit our website at www.mswn.com for more information. Quercus gambelii Gambel Oak Gambel oak is native over a wide range in the southwestern U.S. and Mexico, from 4000' to 8000' in elevation. Usually found in dense thickets, its size varies from 5 foot shrubs to 50 foot trees, depending upon available moisture and deer browsing. With adequate moisture, Gambel oak can grow 2 feet per year. It performs best in areas where temperatures cool off at night, such as Albuquerque, NM Las Vegas, NV and colder locations. Infrequent, deep irrigations are best, since root rot can occur in heavy water-logged soils. In very sandy, well-drained soils more frequent irrigations will be needed. It has deeply-lobed, deciduous leaves and rough, grey bark. AT A GLANCE SUMMARY SIZE (H X W) 15-30 feet x 15-30 feet FLOWER COLOR Green FLOWER SEASON Spring EXPOSURE Full sun WATER Low GROWTH RATE Slow HARDINESS -30º F, USDA Zone 4 PRUNING To shape EXHIBIT D 181 All the knowledge. Almost all of the trees. https://www.vdberk.com/trees/platanus-hispanica-alphen-s-globe/ Platanus ×hispanica 'Alphen's Globe' Height 4-5 m Width 3-6m Crown round/spherical, half-open crown Bark and branches flaking, greygreen Leaf green Flowers yellowgreen, flowers in May Fruits brown Spines/thorns None Toxicity usually not toxic to people, (large) pets and livestock Soil type clayed soil, loamy soil, sandy soil, peaty soil Paving tolerates paving Winter hardiness zone 6a (-23,3 to -20,6 °C) Wind resistance good Other resistances resistant to frost (WH 1 - 6), can withstand wind, resistant to de-icing salt Application narrow streets, tree containers, roof gardens, small gardens, patio gardens Shape clearstem tree, multi-stem treem This fairly recent Dutch selection is distinguished from the species by the smaller size of the crown. It is usually grafted on a stam causing it to assume the shape of a large sphere. It shows strong growth and its eventual height very much depends on the height of the graft. The broad leaf has 3 - 5 sharply serrated lobes and is slightly hairy on the underside. In the autumn the leaves turn colour to a brownish yellow. Is very resistant to hard surfaces. It also supports pruning well, even in old wood. It is important to use a tree stake for support at the sapling stage. Stands up well to wind. For narrow streets, small gardens and squares. Winter Winter hardiness zone: 6a © Copyright Boomkwekerij Gebr. Van den Berk B.V. 2025 EXHIBIT E 182 Platanus orientalis Platanus orientalis 'Mirkovec''Mirkovec' TYPES OF PLANTING Tree types: standard trees USE Location: street, avenue, square, park, central reservation, large garden, small garden, cemetery | Pavement: none, open, sealed CHARACTERISTICS Crown shape: rounded | Crown structure: dense | Height: 6 - 10 m | Width: 4 - 8 m | Winter hardiness zone: 6B - 9B ASPECTS Wind: tolerant to wind | Soil: loess, sabulous clay, peaty, heavy clay, light clay, sand, loamy soil, all soils | Nutrient level: moderately rich in nutrients, rich in nutrients | Soil moisture level: moist | Light requirements: sun, partial shade | pH range: acidic, neutral, alkaline | Extreme environments: tolerant to salt spray PLANTKENMERKEN Flowers: heads, discrete, pendulous | Flower colour: yellow-green | Flowering period: May - May | Leaf colour: green, buds bright green | Leaves: deciduous, palmate, dissected, dentate, lobate | Autumn colour: bronze-red | Fruits: striking, capsule | Fruit colour: brown | Bark colour: brown, green, grey | Bark: peeling | Twig colour: cinnamon-brown | Twigs: bare Powered by TCPDF (www.tcpdf.org) EXHIBIT E 183 1 BURLINGAME BEAUTIFICATION COMMISSION Draft Minutes May 1, 2025 The regularly scheduled meeting of the Beautification Commission was called to order at 6:30 p.m. by Chair Chu. ROLL CALL Present: Chair Chu, Commissioners Batte, Bauer, and Kirchner Absent: Commissioner Damico Staff: Parks Superintendent/City Arborist Holtz, Parks Supervisor Burow, and Recording Secretary Flores Others: None MINUTES Commissioner Batte made a motion to approve the February 6, 2025, Regular Meeting minutes with corrections to Commissioner Kirchner's name. The motion was seconded by Commissioner Bauer and was approved. 4-0-1 City Arborist Holtz explained that page four of the March 6, 2025, draft minutes required a correction to Supervisor Burow's comments in the third paragraph to clarify that she referred to Redwood trees, not Cedar trees. It was later determined that the comment was made and would not be struck from the final approved minutes. Commissioner Bauer made a motion to approve the March 6, 2025, Regular Meeting minutes with corrections to Commissioner Kirchner's name. The motion was seconded by Chair Chu and was approved. 4-0-1 CORRESPONDENCE None PUBLIC COMMENT None PRESENTATION None OLD BUSINESS 1.Discussion of Themed Block Utility Conflicts and Potential Revisions to the Theme Block Lists Arborist Holtz provided a summary of previous discussions surrounding the topic of Themed Blocks. He presented the staff report and explained that approximately 600 themed block sites are under primary utilities, with large canopy species causing concern. He presented similar-looking alternative trees to the Red Maple, Red Oak, and London Plane trees, which would best mimic the intent of the themed blocks. The Shangtung Maple and Moosebark Maple would best mimic the Red Maple, although the Moosebark Maple is unavailable to source locally. The Shangtung Maple is available locally and available for viewing during the meeting. The Red Oak alternatives found were the Gambel Oak tree, available to be viewed during the meeting, and the Dwarf Chinkapin Oak, which cannot be sourced locally. Arborist Holtz 184 2 confirmed that although there are London Plane alternatives, such as the Alpens Globe or Mirkovec, none are available within the United States, and he is not confident we could source a suitable alternative moving forward. Further, he explained that the London Plane is the tree with a greater number of utility conflicts. They are also reaching an age where staff is seeing a lot more decay and branch failures and are being replaced with the Columbia species, which is vigorous and disease-resistant but has strong vertical growth. Utility interference can be seen as early as five years. Arborist Holtz explained that the Commission could move to leave the current Themed Block list unchanged, allow property owners to individually select species from the Primary Utility Plant List for areas with large canopy trees in utility conflict, or approve a species for the locations under utilities. Commissioner Batte asked whether a themed block must have only one species or if it can have more than one. Arborist Holtz stated that historically, the City has designated one dominant species per themed block. A change can be proposed by the Commission and presented to the City Council for approval. Chair Chu open Public Comment. Cathy Baylock, a Newlands Avenue resident, spoke in favor of keeping the Themed Block List unchanged for Sycamore specific blocks. She argued that PG&E has done a good job keeping the trees under utilities maintained and out of their infrastructure. Also, she stated that larger canopy trees are necessary for wider streets such as Newlands Avenue and Occidental Avenue. Lastly, she spoke of the Deodar Cedars in the City of Altadena, which were not damaged during the recent fires. She explained that Deodar Cedars are very low in flammability. Jennifer Pfaff, a Burlingame resident, said she liked the Shangtung Maple and Gambel Oak trees presented at the meeting. If she had to pick from either as a Sycamore alternative, she would prefer the Shangtung Maple tree, although she was in favor of leaving the Sycamore trees alone as they currently are. Further, she spoke of her concern with possible changes to areas that are not affected by utility conflicts and urged the Commission to ensure that if an alternate is proposed, it is only for tree sites directly in conflict with utilities. All other sites on that block remain as the original themed species. Chair Chu closed Public Comment and Commission discussion ensued. Commissioner Bauer asked for clarification on the alternatives for the three trees posing utility conflicts on themed blocks. Arborist Holtz confirmed that the Shangtung Maple tree is the Red Maple alternate that could be sourced locally; the Gambel Oak is the alternative species to the Red Oak tree that could be sourced locally; and in the staff's opinion, there is no viable option locally available as a London Plane alternative. Arborist Holtz referred back to public comment and confirmed that the residents who spoke suggested that they liked the Shangtung Maple as an alternative to the London Plane tree and the Red Maple tree if they had to pick one. He explained that the staff focused on locating alternatives that would most resemble the current themed species but that the Commission may choose to pick any alternative that they see fit. Commissioner Bauer stated that she is inclined to move forward with the smaller alternate species for areas in utility conflict, specifically the Shantung Maple and Gambel Oak, and not recommend an alternative for the London Plane tree. The Commissioners took a closer look at the two alternatives physically present at the meeting. 185 3 Commissioner Kirchner confirmed that the Commission is tasked with making a recommendation that will be presented to the City Council for final review. Arborist Holtz confirmed that if a change is recommended, staff will bring it to the Council for review and approval. Commissioner Kirchner inquired whether the Commission could also recommend no change to Council. Arborist Holtz confirmed. Chair Chu asked whether any commonly available trees have bark that resembles the London Plane trees. Arborist Holtz stated that the Chinese Elm tree has a modeled bark appearance but that the leaf structure is very different and would not look the same as the London Plane tree. Commissioner Bauer made a motion to modify the Themed Block plantings that create utility conflicts by designating the Shangtung Maple tree as the alternative species for the Red Maple Themed Blocks for locations in conflict, designating the Gambel Oak tree as the alternative species for Red Oak Themed Blocks for locations in conflict; and that there be no change to the London Plane tree designated Themed Blocks. The motion was seconded by Chair Chu and was approved. 4-0-1 NEW BUSINESS 1. Public Hearing to Consider an Appeal of the City Arborist's Denial of the Removal of a Protected Private Tree at 1320 Vancouver Ave. Chair Chu reviewed the Order of Business for Appeals. Arborist Holtz presented the staff report. He explained that staff received an application for the removal of two private protected trees. The Deodar Cedar tree was approved for removal due to poor form and performance of the species. The form is poor due to its location under utilities. When reviewing the Coastal Redwood tree, Arborist Holtz did not believe it met the threshold for removal. The Applicant presented photographic evidence of limb failures, an independent arborist report recommending the removal of both trees, and a letter of support from the adjacent neighbor to the south of the property. Arborist Holtz explained his observations differed from those presented by the independent Arborist. He stated that both he and the independent Arborist performed level 2 inspections from the ground, and a level 3 inspection would involve someone going up either in a bucket, climbing, or with a drone to take photographs and inspect the attachments closer. Further, he stated that he would characterize the "cavity" at the base as a wound that has healed. He stated that a major factor taken into consideration is the impact the removal would have on the neighborhood. Due to the approval of the other tree on the property, removing the Redwood tree would significantly impact the neighborhood. Arborist Holtz also stated that pruning practices do not weaken the attachment of a branch existing on the tree, but rather, the re-growth post pruning may be weakly attached and cause the failure of smaller branches. Lastly, he did not find any evidence of root damage. When there is no obvious evidence of structural damage, a structural engineer's report would typically be required, and the Applicant did not provide one. He stated that the Applicant expressed frustration due to safety concerns for themselves and their guests and possible liability due to their neighbor's safety. Arborist Holtz explained that the tree had been recently pruned, which reduces the likelihood of limb failure even though the regrowth could be more weakly attached. The Applicant would like the Commission to reconsider the City's position. 186 4 Chair Chu opened Public Comment. Seeing none, he closed Public Comment and opened the floor to the Appellant to present to the Commission. Appellant and property owner Larisa Khapchik presented her appeal and concerns to the Commission. Ms. Khapchik explained that she has lived in the home for over 25 years and has enjoyed the trees for many years. She spoke of the concerns brought on by climate change. She has been experiencing increased falling limbs within the last two years, causing more concerns and anxiety during storm and wind events. She expressed fears of possible harm to her family and neighbors who have spoken out. Ms. Khapchik stated that she would be delighted to plant new trees at the recommendation of the Commission upon removing the others. She stated that the denial of the removal of the Redwood treat is unjustified, as the tree poses a dangerous and immediate threat to life safety. She stated that her removal request meets the criteria outlined under chapter 11.06.060 and that as she and her husband approach retirement, they cannot afford the necessary pruning the tree requires. Commissioner discussion ensued. Commissioner Bauer inquired further about the split in the tree approximately 80 feet up and whether City staff would go up to inspect at a closer proximity. Arborist Holtz confirmed that City staff does not provide assessments on private trees; they only evaluate site conditions compared to what the code references to make a determination. The financial burden of hiring a company to evaluate the tree further would fall on the property owner and Applicant. Further, he clarified that a co-dominant leader could occur in nature, and U-shape attachment is generally stronger attached than a V-shape. The tree in question does appear V- shaped but would warrant further inspection. He explained that the Deodar Cedar that was approved due to poor structure and poor form and the species pre-disposition to shed large branches in maturity. This would have been considered if Coastal Redwood trees had a propensity for failure. Commissioner Kirchner asked whether a lack of water lends to limb failures. Arborist Holtz confirmed that a lack of water or drought stress could lead to limb failure, although he also noted that the roots can grow out hundreds of feet in search of a water source. Commissioner Batte asked whether an inspection of the split section would be required to change the City's determination. Arborist Holtz stated that the professional's level 3 assessment would be taken into consideration, and he would take the professional's opinion at its word. Staff would not be climbing to verify, nor would the City hire a company. Commissioner Bauer asked about possible costs for further inspections. Arborist Holtz confirmed that an additional aerial inspection and structural reports would be costly. Commissioner Kirchner did not find that the Coastal Redwood tree met the characteristics outlined in the tree ordinance as reasons for removal. Chair Chu shared the same opinion and stated that as Commissioners, they put a lot of weight on the City Arborist's determination of the low probability of branch failure. Although he sympathized with the Applicant, he must maintain an objective view of the facts presented. He does not support overturning the City Arborist's decision. Commissioner Bauer voiced her sympathy towards Ms. Khapchik and her fears but understands that the Commission has guidelines to follow when reviewing tree removal appeals and did not believe enough evidence had been provided to warrant overturning the City Arborist's decision, absent further investigation with an aerial inspection. 187 5 Commissioner Batte asked for clarification on whether an aerial inspection would sway the Arborist's decision. Arborist Holtz confirmed that more information provided in the form of a structural report or aerial report would be considered. He stated that he did not visually see the evidence to support what was claimed in the independent arborist report provided. Chair Chu allotted one minute for the Applicant to provide further comment. Ms. Khapchik remained in her seat and further commented away from the microphone. Her comments pertained to previous structural damage caused to her neighbor's property due to the Coastal Redwood tree in question. Commissioner Bauer made a motion to uphold the City Arborist's decision to deny the request to remove the protected private Coastal Redwood tree at 1320 Vancouver Avenue. The motion was seconded by Commissioner Kirchner and was approved. 4-0-1 2. Review and Discussion of the Feasibility of Reactivating the Adopt-a-Tree Program Supervisor Burow presented the staff report. She explained that the Parks Division currently has 1,279 tree sites on the in-house Watering List, with staff watering 50-70 trees per day by a part-time employee dedicated solely to watering. She explained that challenges with the Adopt-a-Tree Program experienced along with neighboring municipalities are the number of volunteers, accountability of those volunteers, checking the work being completed, location of trees, and supplying water. In her research of other jurisdictions and tree programs, those cities found more success with allowing residents to adopt trees adjacent to their property only and letting residents choose the tree species planted adjacent to their property. Supervisor Burow suggested that a better approach to get residents involved is to utilize the City's website to more clearly and effectively inform the community of the importance and benefits of watering trees and how best to get involved. Commissioner Kirchner stated that although a tree watering program is a good idea in theory, it would be more difficult in practice. He shared with the Commissioners a copy of the Tree Noticing Postcard he received. He asked if residents received any information about young tree care when they received a new tree adjacent to their property. Supervisor Burow confirmed that a door hanger with the tree species they received and tree care tips are provided for every new tree planted in front of or on the side of a residence. Commissioner Batte suggested a concise mass mail postcard educating the community on watering trees. Due to the cost of a new postcard and mass mail in mind, Chair Chu suggested adding watering info to an existing postcard notification that has already been sent out for other purposes. He also stated that he would hesitate to water his neighbor's trees or haul water to other destinations for tree-watering purposes. He wondered if communicating to the public that these volunteers exist and are performing the work would minimize the unease of the situation. Commissioner Batte brought up the point of acquiring volunteers through school community service hours. She stated that she favored motivating residents to water the trees near their properties so that City staff could focus on trees not located in residential areas. She inquired if the majority of the trees on the City's watering list are in residential areas. Supervisor Burow confirmed they were in front of or adjacent to a residential property. Arborist Holtz outlined the current communication regarding newly planted trees and believes there are opportunities for direct communication and engagement with residents to emphasize the importance of tree watering further. Information has been included in the weekly e-News as well. 188 6 Commissioner Batte stated her belief that more education and community engagement on watering trees in front of their property would be a better approach than an Adopt-a-Tree program. Chair Chu opened Public Comment. Jennifer Pfaff spoke of her experience watering the El Camino Real trees and the difficulty of completing such a task as a volunteer having to provide water and transportation. She spoke of volunteering with CBB and the Adopt-a-Planter program and the amount of work that goes into volunteering. She advised against relying on a volunteer program to complete the essential task of watering trees. Chair Chu inquired if there is a way to reduce possible friction when approaching other residents about taking better care of their trees and ensuring they are being watered. He suggested printed material that one neighbor can provide another, accessible through the City website. Commissioner Batte suggested a social media campaign encouraging residents to water trees. Commissioner Bauer summarized that based on experience and research acquired from other cities, an Adopt-a-Tree program may not be feasible. Chair Chu suggested adding a watermark to the current Tree Notice postcard to remind residents to water trees. 3. Award of Arbor Day Poster Competition Secretary Flores presented the posters that were submitted in response to the 2025 Arbor Day Poster Competition. She explained that the winning artwork would be the 2026 Arbor Day celebration invitation. By unanimous decision, the Commission chose poster 7 as the winner. REPORTS Commissioner Kirchner provided an update on the landscape awards and shared the zone map with his fellow Commissioners. Commissioners signed up for their desired zone: Commissioner Kirchner Zone 1, Commissioner Batte Zone 2, Chair Chu Zone 3, Commissioner Bauer Zone 4, and Commissioner Damico Zone 5. Commissioner Bauer clarified that the Commissioners are responsible for nominating two sites for each award category. Arborist Holtz reported on approving an emergency Cypress tree removal in active failure at Mercy High School. Further, he recently reported on the large number of unauthorized work on protected-sized trees. He explained that penalties and fees collected from the unauthorized tree work would be allocated for planting new trees throughout the City. Supervisor Burow reported that the final two removals on Easton Drive were scheduled for May 6 and 9, 2025. Secretary Flores reported the Laguna Park Playground Renovation Project was nearing completion. She stated that there were two tentative ribbon-cutting dates and that more information would be sent to the Commission once a date is finalized. UPCOMING AGENDA ITEMS None 189 7 ADJOURNMENT There being no further business, the meeting adjourned at 8:10 p.m. The next Beautification Commission meeting is scheduled for June 5, 2025. Respectfully submitted, Veronica Flores Veronica Flores Recording Secretary 190 1 STAFF REPORT AGENDA NO: 9h MEETING DATE: July 7, 2025 To: Honorable Mayor and City Council Date: July 7, 2025 From: Neda Zayer, Community Development Director – (650) 558-7253 Ruben Hurin, Planning Manager Subject: Adoption of a Resolution Authorizing the City Manager to Execute a $110,000 Professional Services Agreement with Fehr and Peers to Develop a Citywide Transportation Demand Management (TDM) Strategic Plan RECOMMENDATION Staff recommends that the C ity Council adopt the attached resolution authorizing the City Manager to execute a $110,000 Professional Services Agreement with Fehr and Peers to develop a Transportation Demand Management (TDM) Strategic Plan. BACKGROUND / DISCUSSION In April 2022, the San Mateo County Transportation Authority (SMCTA) issued a Call for Projects under the Alternative Congestion Relief and Transportation Demand Management Program. On June 20, 2022, the City Council adopted Resolution 071-2022 approving the submission of a $100,000 grant application to prepare a Transport Demand Management Strategic Plan. A TDM Strategic Plan would provide clear and consistent requirements and measures for new developments to reduce vehicle miles traveled, congestion, and greenhouse gas emissions from fossil-fueled vehicles. It could also identify opportunities for existing businesses to implement TDM measures, benefiting from efficiencies of scale with TDM measures such as community shuttles. The TDM Plan would provide a flexible and effective strategy for developments to reduce vehicle miles traveled and associated air pollutants. In August 2022, SMCTA awarded the grant to the City of Burlingame, and a funding agreement with SMTCA has been executed. Through a formal Request for Proposals process, the City selected Fehr and Peers as the consultant to assist the City in the development of the TDM Strategic Plan. Staff is requesting the authorization of a professional services agreement with Fehr and Peers to perform the project. FISCAL IMPACT SMTCA awarded the City of Burlingame $100,000 with the requirement of a 10% matching funds contribution. The $10,000 matching funds from the City’s General Fund was authorized by the City Council on June 20, 2022 (Resolution No. 071-2022). 191 TDM Strategic Plan Agreement July 7, 2025 2 Exhibits: Resolution Professional Services Agreement Scope of Work and Budget 192 Page 1 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF $110,000 WITH FEHR AND PEERS TO DEVELOP A CITYWIDE TRANSPORTATION DEMAND MANAGEMENT (TDM) STRATEGIC PLAN WHEREAS, on June 20, 2022, the City Council adopted Resolution 071-2022 approving the submission of a grant application for a TDM Strategic Plan ($100,000 in grant funds) and authorizing contribution of matching City funds (10% City match - $10,000); and WHEREAS, on August 4, 2022, the San Mateo County Transportation Authority (SMCTA) awarded a grant and $100,000 in funding; a funding agreement between the City and the SMCTA has been executed; and WHEREAS, the City has selected Fehr and Peers (“Consultant”) to develop a citywide Transportation Demand Management (TDM) Strategic Plan; and WHEREAS, the Consultant has prepared a request to cover the cost of the services requested as outlined in the attached Scope of Work and Budget for a total budget of $110,000.00; and WHEREAS, on July 7, 2025, the City Council reviewed and considered the Agreement for Professional Services to authorize this work. NOW, THEREFORE, the City Council of the City of Burlingame does hereby resolve, find, determine, and order as follows: 1. The City Manager is authorized and directed to enter into the Professional Services Agreement with the Consultant, in the form attached hereto, to develop a citywide Transportation Demand Management Strategic Plan, consistent with the Scope of Work and Budget attached to this resolution, for a maximum total cost of $110,000. 2. The City Clerk is directed to attest to the signature of the City Manager upon execution of the Professional Services Agreement. _______________________________ Mayor I, Meaghan Hassel-Shearer, City Clerk of the City of Burlingame, certify that the foregoing resolution was introduced at a regular meeting of the City Council, held on the 7th day of July, 2025, and was adopted thereafter by the following vote: 193 Page 2 AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: _______________________________ City Clerk Exhibit: Exhibit A – Scope of Work and Budget 194 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF BURLINGAME AND FEHR AND PEERS THIS AGREEMENT is by and between Fehr and Peers (“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 $110,000.00, as stated in their response to the request for proposals, including all materials and other reimbursable amounts (“Maximum Compensation”), for preparation of a Transportation Demand Management (TDM) Strategic Plan, in accordance with the Cost Schedule set forth in Exhibit A, attached hereto and incorporated herein. 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, 2027, 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. 195 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 alleged or actual negligence, recklessness or willful misconduct of Consultant, its employees, subcontractors, or agents, 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 196 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 197 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 FEHR AND PEERS 501 Primrose Road 345 California Street, Suite 450 Burlingame, CA 94010 San Francisco, CA 94104 By: By: Lisa Goldman Matt Goyne City Manager Principal Date: Date: 198 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 Requirements 199 6 Exhibit B – City Insurance Requirements Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability (i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following: (1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following: (1) Bodily Injury and Property Damage (2) Personal Injury/Advertising Injury (3) Premises/Operations Liability (4) Products/Completed Operations Liability (5) Aggregate Limits that Apply per Project (6) Explosion, Collapse and Underground (UCX) exclusion deleted (7) Contractual Liability with respect to this Agreement (8) Property Damage (9) Independent Contractors Coverage (iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement. (v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability (i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. 200 7 (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto). (iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. c. Workers’ Compensation/Employer’s Liability (i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self -insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. (ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. d. Professional Liability (Errors and Omissions) At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. e. Minimum Policy Limits Required (i) The following insurance limits are required for the Agreement: Limits Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property damage Automobile Liability $1,000,000 combined single limit 201 8 Employer’s Liability $1,000,000 per accident or disease Professional Liability $1,000,000 per claim and aggregate (errors and omissions) (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. Evidence Required Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. g. Policy Provisions Required (i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, 202 9 and shall require similar written express waivers and insurance clauses from each of its subconsultants. (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. h. Qualifying Insurers (i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: (1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. i. Additional Insurance Provisions (i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 203 Proposal for the City of Burlingame Transportation Demand Management (TDM) Strategic Plan PREPARED FOR CITY OF BURLINGAME PREPARED BY FEHR & PEERS DATE MARCH 7, 2024 Exhibit A 204 Transportation Demand Management (TDM) Strategic Plan Prepared for: City of Burlingame March 7, 2024 P24-2518-SF 205 Burlingame TDM Strategic Plan March 7, 2024 7 Schedule The following schedule presents a draft approach for an 18-month schedule after kick-off based on the requested tasks presented in the RFP. The schedule will be reviewed and revised as a part of Task 1 to determine City review schedules and whether there are any deadlines that need to be met to fulfill the grant requirements. Proposed Project Schedule 206 Burlingame TDM Strategic Plan March 7, 2024 8 Approach and Scope of Work Fehr & Peers’ approach to developing TDM programs is goal-oriented and data-driven. As nationwide leaders in assessing TDM program effectiveness, we evaluate potential benefits and costs of any program using both our published and ongoing research for public agencies and our in-depth knowledge of private and institutional employer TDM programs. Task 1: Project Admin & Management Fehr & Peers will meet with City of Burlingame staff to discuss the goals and objectives of the TDM Strategic Plan. This includes a project kick-off meeting at the start of the project and bi-weekly check-in meetings with City staff to discuss ongoing progress. For the kick-off meeting, Fehr & Peers will prepare a meeting agenda, which will be submitted at least two days in advance of the meeting date. In the kickoff, we will review project goals, establish communication protocols and meeting dates, and discuss schedule and project deliverables. For the bi-weekly check-in meetings, Fehr & Peers will submit a meeting agenda at least two days prior to the meeting date. We will also submit meeting notes summarizing what was discussed in each bi-weekly check-in, including a list of action items. Finally, Fehr & Peers will submit written monthly progress reports and invoices to the City of Burlingame throughout the project. This task focuses on the administrative requirements of the project and can be used to determine the project’s protocols and expectations. DELIVERABLES INCLUDE: • Draft and final project kick-off agenda • Draft and final Project Management Plan • Bi-weekly check-in meetings between Consultant/City Project Manager with meeting minutes/action items • Invoices Task 2: Stakeholder Outreach and Community Participation Fehr & Peers will conduct an outreach effort to ensure that the input of stakeholders with an interest in travel demand management measures have an opportunity to provide input. Our approach to engagement is to tailor the methods of outreach and feedback to best suit the needs of the project and its stakeholders. Due to the highly technical nature of most TDM studies, this task emphasizes engagement with stakeholders to establish an initial understanding of their needs and priorities for encouraging mode shift, as well consensus building with key stakeholders. This scope follows the desired deliverables established in the RFP and provides engagement strategies for both community members and technical stakeholders; however, the events and target audience of this outreach effort may be adjusted during the development of the Outreach Plan to best meet the needs of the project. Optional tasks in Table 1 reflect alternative outreach activities that could replace or supplement the requested activities listed in the RFP. After Task 2.1 is complete, we anticipate conducting the other tasks after completing the existing conditions background materials are ready to review with stakeholders and the public. 207 Burlingame TDM Strategic Plan March 7, 2024 9 Table 1. Engagement Activities Menu Task 2.1. Outreach Plan At the outset of the project, the Fehr & Peers team will consult with City of Burlingame staff to identify key community groups and stakeholders, such as major employers and business groups, to provide input on the project. The plan will identify specific outreach strategies for community members and stakeholders as well as a timeline for engagement activities. Task 2.2 Community Engagement Community engagement will occur towards the beginning of the project to create a basis of understanding of the location-specific mobility needs in Burlingame to inform how the TDM program can be designed to best address gaps or barriers to reducing travel demand in new developments. To solicit feedback from community members, the Fehr & Peers team will hold up to three pop-up events near multifamily housing developments throughout the city. The events will aim to develop an understanding of how Burlingame residents make mobility choices and may include education about TDM and the range of measures which are being considered. The Fehr & Peers team will provide materials to facilitate pop-up events and document input received. This task will also include creating an online survey using Social Pinpoint, an accessible and user-friendly engagement platform. The survey will collect information about residents’ and employees’ travel needs. Fehr & Peers will prepare advertising materials for the pop-up events and surveys to be posted through City channels. Additionally, Community-Based Organizations are valuable to understand underrepresented groups’ travel needs, and we recommend drawing on knowledge from the C/CAG’s recent county-wide interviews with CBOs for the VMT/GHG Mitigation Program as an additional avenue for informing community needs. The Fehr & Peers team will review Engagement Activity Option Description Deliverables Included in the base budget Community Pop Ups See task 2.2: Host up to 3 community popup events located near existing multifamily housing developments to receive input on mobility needs. Pop Up Materials and Summary of Input X Initial Stakeholder Meetings See Task 2.3: Two stakeholder meetings, groups split out by business stakeholders, City Staff, or Advocate groups. Establish Initial understanding of mobility needs, barriers, and concerns and collect input on measure options. Presentation Materials and Summary of Input X Online Survey See Task 2.2: generate an online survey and advertising materials to be shared via City channels. Social Pinpoint Webpage X Business Stakeholder Meetings If requested, form two business stakeholder groups split out by business type (i.e., office and industrial) to represent businesses such as Meta and Auto Row to explore a deeper dive into engaging these stakeholders than is included in Task 2.3. Host two meetings per group – four total – first to develop an initial understanding of their unique needs and concerns, then later to receive feedback on draft strategies. Stakeholder Presentation Materials and Summary of Input Technical Working Group Meetings If requested, form a technical working group comprised of representatives from the Traffic, Safety, and Parking Commission, and other stakeholders such as developers or bicycle advocates. Host two meetings: first to develop an initial understanding of their unique needs and concerns, then later to receive feedback on draft strategies. Stakeholder presentation Materials and Summary of Input 208 Burlingame TDM Strategic Plan March 7, 2024 10 the interviews to better inform our understanding of mobility needs and concerns specific to Burlingame. Task 2.3 Stakeholder Engagement To solicit input from stakeholders on their needs, priorities, and concerns about the options being developed for businesses and residents in Burlingame, Fehr & Peers will hold up to two virtual stakeholder meetings. We recommend one group include industrial and office businesses (such as Meta, Auto Row, and others to be identified by City Staff) and the other group be comprised of additional representatives from City departments and advocacy groups (such as the Traffic, Safety, and Parking Commission) to understand unique challenges or interests. This will include collecting input on policy options to reduce the VMT and traffic generated by development projects, gauging stakeholder response TDM options, and brainstorming strategies to implement the policy approaches. The Fehr & Peers team will prepare meeting agendas, presentations and discussion materials, and document attendance and input received. Task 2.4 Commission Meetings This phase of outreach will also include up to two presentations to the City’s Planning Commission or City Council to share information about the policy development project and gather additional feedback. Fehr & Peers will prepare materials and present to the appropriate city staff. DELIVERABLES INCLUDE: • Draft and final Outreach Participation Plan • Three (3) pop-up events • Two (2) focused stakeholder or community- based organization meetings • Materials and presentation to two (2) commission or City Council meetings • Draft and final webpage and social media blast content • Virtual web-based community input tool • Draft and final outreach summary and findings Task 3: Existing Conditions/Baseline Report Task 3.1 Existing TDM policies and programs Fehr & Peers will conduct a comprehensive review of existing TDM programs and policies within the City of Burlingame, C/CAG’s TDM Guidelines and VMT estimation tool for San Mateo County, C/CAG’s VMT/GHG Mitigation Program, and TDM programs and policies from up to five other nearby peer cities (to be confirmed with City staff), such as those that Fehr & Peers developed for Brisbane, San Mateo, South San Francisco, Vallejo, or Walnut Creek. We will use our extensive experience helping peer cities in San Mateo County design, implement, and monitor TDM programs to evaluate the successes and limitations of these programs and policies, and we will document the relationship between current TDM programs and policies and City of Burlingame transportation programs, policies, and zoning. We will also review state and regional requirements related to TDM, transportation, climate, and land use policies that can be addressed with the TDM strategy, including recent changes to housing laws and MTC’s Transit-Oriented Communities program. This existing conditions review will identify sub-areas of Burlingame, such as downtown, that could have distinct TDM requirements to fit the unique characteristics of these neighborhoods. This approach will be informed by lessons learned identifying sub-area requirements for the peer cities for the cities of San Mateo, South San Francisco, and Brisbane. We will also review relevant City and Caltrans plans that affect transportation within Burlingame, such as the City’s Bicycle and Pedestrian Master Plan. 209 Burlingame TDM Strategic Plan March 7, 2024 11 Task 3.2 Existing Travel Conditions Fehr & Peers will review and document Burlingame’s existing transportation, including transit services, the bicycle network, and pedestrian facilities with graphics showing maps of these facilities. We will also review available travel data from existing data sources such as the city’s General Plan, Climate Action Plan, Bicycle and Pedestrian Master Plan, El Camino Renewal project, Specific Plans, and the C/CAG’s countywide VMT tool. We will also document proposed changes to the existing transportation environment by the City of Burlingame, SamTrans, Caltrain, and other regional agencies. This documentation will further our understanding of Burlingame’s transportation needs and will inform us of potential TDM measures when working on the development of the TDM Strategic Plan. DELIVERABLES INCLUDE: • Existing Conditions memorandum with results and visuals from Tasks 3.1 and 3.2 (Draft and Final Report) Task 4: TDM Strategies Report Task 4.1 Goals, Objectives, and Evaluation Criteria Fehr & Peers will use the information assembled in Task 2 and Task 3 to develop performance goals, measures, and evaluation criteria for the TDM Strategic Plan. These goals and performance measures will be informed by our expertise crafting TDM policies for other jurisdictions in the Bay Area, and they will be shaped by best practices in VMT mitigation and travel demand management, and regional or state requirements (e.g., MTC’s TOC policy or California Air Resources Board’s 2022 Scoping Plan). This includes relying on research contained within CAPCOA’s 2021 Handbook, which Fehr & Peers was a lead author and contains the state of the practice substantial evidence for TDM measure effectiveness. Incorporating this research into the evaluation criteria will ensure the TDM Strategic Plan aligns with CEQA and climate planning best practices. Fehr & Peers will work with City staff to see what type of TDM measures and transportation modes, such as transit improvements, should be prioritized by an evaluation criteria, and to see which measures further the City’s General Plan goals of reducing overall vehicle trips, VMT, and greenhouse gas emissions. DELIVERABLES INCLUDE: • Goals and performance measure matrix • Technical memo documenting performance goals, measures and evaluation process (Draft and Final Memo) Task 4.2 Strategy research and analysis Fehr & Peers will explore potential TDM measures, starting with those contained within C/CAG’s TDM policy and other peer cities, and will consider how these potential measures are equitable and are context-sensitive to Burlingame. These strategies will consider measures directed towards developers and employers and will consider how these measures can affect and improve Burlingame’s transportation network. Based on our experience crafting TDM programs, we will leverage a wide range of strategies that aim to reduce vehicle trips. For each measure, we will provide: • A description of the TDM measure, including what it is and how it supports TDM goals and requirements. • Identification of measures that would be effective in each the subareas of Burlingame, as identified in Task 3.1, such as Downtown Burlingame. • Which goals, as identified in Task 4.1, the proposed TDM measure corresponds to. • References to relevant research, such as CAPCOA’s 2021 Handbook, that 210 Burlingame TDM Strategic Plan March 7, 2024 12 demonstrates the vehicle trip reduction effectiveness of each proposed measure. • A description of how the measure may affect Burlingame’s transportation network, including transit services and vehicle, bicycle, pedestrian facilities. • An effectiveness ranking, such as low, medium, and high, that ranks each TDM measure based on its trip reduction potential and ease of implementation. Based on our experience in peer cities in San Mateo County, C/CAG’s recommended list of TDM measures by land use type may not align with local goals and needs, particularly with respect to the potential for TDM requirements to add constraints or barriers to housing production. Our experience addressing C/CAG’s requirements while ensuring that the TDM Strategy fulfills local goals related to housing production, economic prosperity, and traffic/VMT reduction will inform our ultimate recommendations. Further, Fehr & Peers will document how this TDM strategy will support the on-site VMT reduction goals for the City and how it could be supplemented with C/CAG’s VMT/GHG mitigation program to reduce VMT through off-site measures when impacts cannot be addressed through on-site TDM measures alone. Using this information and the goals set out in Task 4.1, Fehr & Peers will develop a recommended list of priority TDM measures. DELIVERABLES INCLUDE: • TDM Strategies report • Prioritized list of TDM strategies for implementation Task 5: Draft and Final TDM Strategic Plan Fehr & Peers will document the outreach and analysis conducted in Tasks 2, 3, 4 and will develop a Final TDM Strategic Plan report that synthesizes the materials from the previously developed technical memorandums. This final report will include a draft version and a final version that incorporates feedback from City staff. DELIVERABLES INCLUDE: • Draft and Final TDM Strategic Plan Optional Task 5.1: Draft and Final TDM Ordinance Based on our experience with other cities in San Mateo County, cities need to replace old ordinance and codes related to TDM to reflect the current state of the practice as would be developed through this program. If requested, Fehr & Peers would leverage our experience preparing ordinances in similar cities to prepare a draft and final TDM ordinance that could be adopted through the relevant commissions and/or council hearings. The ordinance would be designed to allow the list of recommended TDM measures to grow and evolve over time as new services, technologies, or strategies become available, and could be paired with Program Guidelines presented in Optional Task 5.2 to provide staff additional adminstrative flexibility. As a part of this optional task, Fehr & Peers would also prepare a letter to C/CAG requesting an exemption from C/CAG’s TDM requirements based on our experience supporting other San Mateo cities with this process. Fehr & Peers staff are available to attend additional commission or council hearings on a time-and- materials basis to support adoption, if needed. DELIVERABLES INCLUDE: • Draft and Final TDM Ordinance 211 Burlingame TDM Strategic Plan March 7, 2024 13 • Draft and Final TDM Exemption letter for review by C/CAG staff (no revisions anticipated after C/CAG review) Optional Task 5.2: Draft and Final TDM Program Guidelines Based on our experience with other cities in San Mateo County, may wish to include TDM Program Guidelines that complement the TDM ordinance (from Optional Task 5.1) to clearly communicate the requirements to affect stakeholders and to provide City staff more discretion for updating adminstrative processes rather than needing to update an ordinance. If requested, Fehr & Peers would leverage our experience preparing guidelines in similar cities to prepare draft and final TDM program guidelines. This document would include information on major aspects and processes related to the application of the TDM ordinance in clear language for a non- technical audience. DELIVERABLES INCLUDE: • Draft and Final TDM Program Guidelines Optional Task 5.3: Staff Training If requested, Fehr & Peers will develop materials for and lead up to two staff training sessions (2 hour each) to ensure relevant City agencies are prepared to implement the TDM ordinance and guidelines. DELIVERABLES INCLUDE: • Two (2 hour) Training Sessions and preparation time 212 Burlingame TDM Strategic Plan March 7, 2024 26 Cost Schedule 213 Burlingame TDM Strategic Plan March 7, 2024 27 2023-2024 (July 2023 through June 2024) Hourly Billing Rates Classification Hourly Rate Principal $250.00 - $380.00 Senior Associate $210.00 - $310.00 Associate $185.00 - $275.00 Senior Engineer/Planner $160.00 - $235.00 Engineer/Planner $130.00 - $200.00 Senior Engineering Technician $150.00 - $225.00 Senior Project Accountant $170.00 - $210.00 Senior Project Coordinator $130.00 - $215.00 Project Coordinator $115.00 - $175.00 Technician $120.00 - $185.00 Intern $100.00 - $135.00 • Other Direct Costs / Reimbursable expenses are invoiced at cost plus 10% for handling. • Personal auto mileage is reimbursed at the then current IRS approved rate (67 cents per mile as of Jan 2024). • Voice & Data Communications (Telephone, fax, computer, e-mail, etc.) are invoiced at cost as a percentage of project labor. Fehr & Peers reserves the right to change these rates at any time with or without advance notice. 214 1 STAFF REPORT AGENDA NO: 9i MEETING DATE: July 7, 2025 To: Honorable Mayor and City Council Date: July 7, 2025 From: Maria Saguisag-Sid, Human Resources Director – (650) 558-7209 Subject: Adoption of a Resolution Authorizing the City Manager to Execute Side Letter Agreements to the Memoranda of Understanding with the AFSCME Local 829 Administrative Unit and AFSCME Local 829 Maintenance Unit RECOMMENDATION Staff recommends that the City Council adopt the attached resolution authorizing the City Manager to execute side letter agreements to the Memoranda of Understanding (MOUs)with the AFSCME Local 829 Administrative Unit and the AFSCME Local 829 Maintenance Unit. BACKGROUND The AFSCME Local 829 Administrative Unit and AFSCME Local 829 Maintenance Unit MOUs are set to expire on June 30, 2026. The MOUs include terms and conditions of employment for the employees of the respective units. Both units are due for salary adjustments in July 2025. Representatives for the City and AFSCME Local 829 Administrative Unit and AFSCME Local 829 Maintenance Unit met and conferred, as required by law, on the issue of the effective date of this July 2025 salary adjustment. DISCUSSION A language error was recently found in the AFSCME Local 829 Administrative Unit and Maintenance Unit MOUs. In both agreements, Section 7.1 Salary Adjustments states, “Effective in the first full payroll period of July 2025, the City will provide a four (4%) salary increase to all bargaining unit members.” As currently written, the salary adjustment would start on July 14, 2025, which was not the intent of the parties. The City has a long-standing practice to make the annual salary increase effective with the pay period that includes the first of the month it is effective, which in this case means the pay period that includes July 1st. That pay period starts on June 30, 2025, and ends on July 13, 2025. Therefore, the language in the MOU should strike the word “full” from the sentence and read as follows: “Effective in the first full payroll period of July 2025, the City will provide a four (4%) salary increase to all bargaining unit members.” This language change will reflect the past practice and intent. 215 Side Letter Agreements July 7, 2025 2 All parties have met and conferred regarding this issue and are agreeable to a side letter to implement this change to the current MOUs. The City is required to have amendments to existing MOUs approved by the governing board. These side letters, once approved by the City Council, will be made available to the public via the City of Burlingame website, attached to the existing MOUs. FISCAL IMPACT There is no fiscal impact with this change. Exhibits Resolution Side Letter to the AFSCME Local 829 Administrative Unit Memorandum of Understanding Side Letter to the AFSCME Local 829 Maintenance Unit Memorandum of Understanding 216 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE CITY MANAGER TO EXECUTE SIDE LETTER AGREEMENTS WITH THE AFSCME LOCAL 829 ADMINISTRATIVE UNIT AND THE AFSCME LOCAL 829 MAINTENANCE UNIT WHEREAS, the City of Burlingame and representatives from the AFSCME Local 829 Administrative and Maintenance Units have met to discuss the terms and conditions of the attached side letter agreements; and WHEREAS, the language in Section 7.1 Salary Adjustments in the Memoranda of Understanding for both bargaining units needs to be amended by side letter agreements to implement a correction; and WHEREAS, the City and the AFSCME Local 829 Administrative and Maintenance Units agreed to side letter language to ensure the salary adjustment for July 2025 is implemented in a timely manner. NOW, THEREFORE, BE IT RESOLVED, 1. The City and the AFSCME Local 829 Administrative Unit and Maintenance Unit bargaining teams have met to discuss the changes in the attached Side Letter Agreements as contained in Exhibits A and B between the City of Burlingame and the AFSCME Local 829 Administrative and Maintenance Units. 2. The City Manager is authorized and directed to execute the Side Letter agreements with the AFSCME Local 829 Administrative and Maintenance Units. ____________________________ Peter Stevenson, 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 7th day of July 2025, and was adopted thereafter by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ____________________________ Meaghan Hassel-Shearer, City Clerk 217 SIDE LETTER AGREEMENT BETWEEN AFSCME LOCAL 829 ADMINISTRATIVE UNIT AND THE CITY OF BURLINGAME Representatives for the City of Burlingame and representatives for the American Federation of State, County, and Municipal Employees (AFSCME) Local 829 Administrative Unit have met and agree to modify the Memorandum of Understanding between the parties, which expires on June 30, 2026, for the following specific situation: A language error was recently found in the AFSCME Local 829 Administrative Unit Memorandum of Understanding. Section 7.1 Salary Adjustments states, “Effective in the first full payroll period of July 2025, the City will provide a four (4%) salary increase to all bargaining unit members.” The City has a long-standing practice to make the salary increase with the first pay period in July, which in 2025, starts on June 30. As written, the salary adjustment would be delayed to start on July 14, 2025, which was not the intent of the parties. Therefore, the language in the MOU should strike the word “full” from the sentence to reflect the past practice and intent. The fiscal impact was budgeted accordingly, so there is no additional fiscal impact to this proposed change. If the foregoing is in accordance with your understanding, please indicate your approval and acceptance in the space provided below. For AFSCME Local 829 For the City of Burlingame Administrative Unit Joleen Helley, President Lisa K. Goldman, City Manager Kait Roelofs, Maria Saguisag-Sid, AFSCME Business Representative Human Resources Director Date Date 218 SIDE LETTER AGREEMENT BETWEEN AFSCME LOCAL 829 MAINTENANCE UNIT AND THE CITY OF BURLINGAME Representatives for the City of Burlingame and representatives for the American Federation of State, County, and Municipal Employees (AFSCME) Local 829 Maintenance Unit have met and agree to modify the Memorandum of Understanding between the parties, which expires on June 30, 2026, for the following specific situation: A language error was recently found in the AFSCME Local 829 Maintenance Unit Memorandum of Understanding. Section 7.1 Salary Adjustments states, “Effective in the first full payroll period of July 2025, the City will provide a four (4%) salary increase to all bargaining unit members.” The City has a long-standing practice to make the salary increase with the first pay period in July, which in 2025, starts on June 30. As written, the salary adjustment would be delayed to start on July 14, 2025, which was not the intent of the parties. Therefore, the language in the MOU should strike the word “full” from the sentence to reflect the past practice and intent. The fiscal impact was budgeted accordingly, so there is no additional fiscal impact to this proposed change. If the foregoing is in accordance with your understanding, please indicate your approval and acceptance in the space provided below. For AFSCME Local 829 For the City of Burlingame Maintenance Unit Richard Stephens, President Lisa K. Goldman, City Manager Kait Roelofs, Maria Saguisag-Sid, AFSCME Business Representative Human Resources Director Date Date 219 1 STAFF REPORT AGENDA NO: 9j MEETING DATE: July 7, 2025 To: Honorable Mayor and City Council Date: July 7, 2025 From: Lisa Goldman, City Manager – (650) 558-7204 Michael Guina, City Attorney – (650) 558-7243 Jeremy Kirshner, Assistant to the City Manager – (650) 558-7229 Subject: Adoption of a Resolution Authorizing the City Manager to Negotiate and Execute a First Amendment to the Lease Agreement with 1440 Chapin Owner LLC for 1440 Chapin Avenue RECOMMENDATION Staff recommends that the City Council authorize the City Manager to negotiate and execute a First Amendment to the Lease Agreement with 1440 Chapin Owner LLC for 1440 Chapin Avenue (1440 Chapin). BACKGROUND On February 18, 2025, the Council adopted Resolution No. 015-2025, authorizing the City Manager to negotiate and execute a Lease Agreement, Purchase and Sale Agreement, and a Tenant Improvement Agreement for 1440 Chapin. On February 24, 2025, the City Manager executed all of the aforementioned agreements. Pursuant to the terms of the Lease Agreement, the City would occupy 26,522 square feet of the building, including the entire third floor, one suite on the second floor, and one suite on the first floor. Staff then worked with Group 4 Architecture, Research + Planning, Inc. (Group 4) on schematic designs for tenant improvements for all of the leased office space. At the June 2, 2025, City Council meeting, Group 4 presented the schematic designs to the City Council. While the City Council approved of the schematic designs for the second and third floors, the City Council was not in favor of the first floor location for the Council Chambers as the space is not large enough and does not receive enough natural light. Accordingly, the City Council directed staff to explore alternative options for the Council Chambers. DISCUSSION The Lease Agreement currently states that the building owner must deliver the entire leased premises, including the suite on the first floor, by the date tenant improvements will commence. 220 First Amendment to Lease Agreement for 1440 Chapin Avenue July 7, 2025 2 Since the City no longer plans to utilize the leased first floor suite as the Council Chambers, the City must amend the Lease Agreement in order to allow a tenant to remain in the space. The first floor suite is currently occupied by Pure Barre, an exercise studio. The First Amendment to the Lease Agreement will allow the building owner and/or the City to either extend Pure Barre’s lease or enter into a new lease with a different tenant. FISCAL IMPACT The costs associated with this First Amendment are unknown at this time. Exhibits: Resolution Lease Agreement 221 RESOLUTION NO. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A FIRST AMENDMENT TO THE LEASE AGREEMENT WITH 1440 CHAPIN OWNER LLC FOR 1440 CHAPIN AVENUE WHEREAS, on February 18, 2025, the City Council adopted Resolution No. 015-2025, authorizing the City Manager to negotiate and execute a Lease Agreement, Purchase and Sale Agreement, and Tenant Improvement Agreement with 1440 Chapin Owner LLC for 1440 Chapin Avenue; and WHEREAS, on February 24, 2025, the City Manager executed all of the aforementioned agreements; and WHEREAS, at the June 2, 2025, City Council meeting, the City Council directed staff to explore alternative options for the Council Chambers as the first floor space intended to serve as the Council Chambers was inadequate; and WHEREAS, the Lease Agreement currently states that the building owner must deliver the entire leased premises, including the first floor space, by the date tenant improvements commence; and WHEREAS, the City desires to retain a tenant in the first floor suite, currently occupied by Pure Barre, because the City no longer wishes to utilize that suite as the new Council Chambers, and a tenant will provide additional lease revenue for the City; and WHEREAS, in order for the City to retain Pure Barre or allow another tenant to occupy the suite on the first floor of 1440 Chapin Avenue, the City must amend the Lease Agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME RESOLVES AS FOLLOWS: 1. The City Manager is authorized to negotiate and execute a First Amendment to the Lease Agreement with 1440 Chapin Owner LLC for 1440 Chapin Avenue. Peter Stevenson, Mayor I, Meaghan Hassel Shearer, City Clerk of the City of Burlingame, certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 7th day of July, 2025, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Meaghan Hassel Shearer, City Clerk 222 & - !, ' (. 8O7D:8;JM;;D "*#()1( , && &1, && &7D:BEH: 7D: ." #.3) /,&#(!' '/(# #*& ),*),.#)( .;D7DJ 223 -# & - #( ),'.#)( . 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STAFF REPORT AGENDA NO: 9k MEETING DATE: July 7, 2025 To: Honorable Mayor and City Council Date: July 7, 2025 From: Syed Murtuza, Director of Public Works – (650) 558-7230 Michael Tsai, Transportation Engineer – (650) 558-7230 Subject: Adoption of a Resolution Awarding a $450,000 Agreement to Bear Electrical Solutions to Provide Annual On-Call Traffic Signal Maintenance Services for a Three-Year Period and Authorizing the City Manager to Execute the Agreement RECOMMENDATION Staff recommends that the City Council adopt the attached resolution awarding an Agreement to provide annual on-call traffic signal maintenance services (Agreement) to Bear Electrical Solutions (BES) for a three-year period in the amount of $150,000 per year, not to exceed a total of $450,000 over the three-year period, and authorizing the City Manager to execute the Agreement. BACKGROUND The City operates and maintains 20 traffic signalized intersections, three high intensity activated crosswalk beacons, and several rectangular rapid flashing beacons within its limits. The on-call traffic signal service agreement scope includes monthly, quarterly, semi-annual, and annual preventative maintenance; emergency repairs (pole knockdowns, broken detectors, in-operative signals, etc.); and non-emergency repairs (traffic signal equipment replacement, cabinet repair, back-up battery replacement, etc.). DISCUSSION On May 30, 2025, the City issued a Request for Proposals for annual on-call traffic signal maintenance Services and received competitive bids from Saint Francis Electric and Bear Electrical Systems (BES) by the June 13, 2025 deadline. Following a thorough evaluation, BES was selected based on the strength of their proposal, demonstrated expertise in citywide traffic signal maintenance, and a proven track record of responsive on-call and emergency repair services. Following is the summary of the scope of services included in the attached maintenance agreement. Monthly Routine Maintenance: Visual inspection of controllers for proper operation 275 Resolution Awarding Annual On-Call Traffic Signal Maintenance Services Contract to BES July 7, 2025 2 Visual inspection of all vehicular and pedestrian signals for proper operation Check and actuate each pedestrian push button for proper operation Visual inspection of all illuminated street name signs for proper operation Manually record inspection date and time in controller cabinet and send written confirmation of monthly inspections with recommendations to Burlingame by intersection Three-Month Routine Maintenance: Visual inspection of roadway along loop detectors for exposed wires, cracks, and potholes Check detector amplifiers and tune as needed Manually record inspection date and time in controller cabinets and send written confirmation of three-month inspections with recommendations to Burlingame by intersection Six-Month Routine Maintenance: Check controller cabinet filter Check ground rod clamp and wire Check the presence of wire schematics and records in the cabinet Check the operation of the fan Check the operation of the ground fault receptacle Measure and record voltage at service inputs in cabinet Check for bent or missing visors and back plates Check integrity of splices Check for wear and function of electromechanical controllers Check and match the time setting with time sheets on electromechanical and solid-state controllers Manually record inspection date and time in controller cabinets and send written confirmation of six-month inspections with recommendations to Burlingame by intersection Annual Routine Maintenance: Replace all incandescent signal lamps included within the area-specific change-out program. Check all LED signal lamps Clean and polish all lens and reflectors Vacuum and clean controller cabinets and contents Replace cabinet filter Check waterproof gasket seals on controller cabinets Check water accumulation and duct sealants Lubricate hinges and locks on controller cabinets Check all signal heads and align when necessary Check indicator lamps Check all connectors Check detector extensions Check load switches Check relays Manually record inspection date and time in controller cabinets and send written confirmation of yearly inspection with recommendations to Burlingame by intersection 276 Resolution Awarding Annual On-Call Traffic Signal Maintenance Services Contract to BES July 7, 2025 3 The scope of work also provides allowances to perform emergency and non-emergency non- routine call-out repairs. BES has in the past provided exceptional services in the areas of regular traffic signal maintenance, emergency signal call-out response, and non-emergency call-out services and has also served as a critical component in continuing to operate the City of Burlingame’s infrastructure. Staff recommends that the City Council adopt the attached resolution authorizing a three-year agreement with Bear Electrical Solutions (BES) for annual on-call traffic signal maintenance services, beginning in FY 2025–26. The Agreement totals $150,000 annually, with a not-to-exceed amount of $450,000 over the three-year term. FISCAL IMPACT Sufficient funds have been allocated in the Public Works Department’s FY 2025–26 Operations Budget to support the full scope of services. Funding for these services in subsequent years will be included in future budget cycles. Exhibits: Resolution Agreement 277 RESOLUTION NO. _______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AWARDING AN AGREEMENT TO PROVIDE ANNUAL ON-CALL TRAFFIC SIGNAL MAINTENANCE SERVICES CONTRACT TO BEAR ELECTRICAL SOLUTIONS (BES), IN A NOT-TO-EXCEED AMOUNT OF $450,000, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT WHEREAS, the City operates and maintains 20 traffic signalized intersections, three high intensity activated crosswalk beacons, and several rectangular rapid flashing beacons, within its limits; and WHEREAS, to maintain said traffic signal equipment, the City has need for on-call traffic signal services; emergency repairs (pole knockdowns, broken detectors, in-operative signals, etc.); and non-emergency repairs (traffic signal equipment replacement, cabinet repair, back-up battery replacement; and WHEREAS, on May 30, 2025, the City issued a Request for Proposals for annual on-call traffic signal maintenance services, and following a thorough evaluation, Bear Electrical Systems was selected based on the strength of their proposal, demonstrated expertise in citywide traffic signal maintenance, and a proven track record of responsive on-call and emergency repair services; and WHEREAS, Bear Electrical Systems has proposed a scope of work for a three-year on- call maintenance agreement, for $150,000 annually, and a not-to-exceed amount of $450,000 over the three-year term. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Burlingame, California and this Council FINDS, ORDERS and DETERMINES AS FOLLOWS: 1. The public interest and convenience require execution of the Agreement to Provide Annual On-Call Traffic Signal Maintenance Services cited in the title above, in the form attached hereto. 2. The City Manager is authorized to sign said Agreement on behalf of the City of Burlingame. 3. The City Clerk is ordered to attest such signature. _____________________________ Peter Stevenson, Mayor I, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 7th day of July, 2025 and was adopted thereafter by the following vote: 278 AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: _____________________________ Meaghan Hassel-Shearer, City Clerk 279 Page 1 of 8 AGREEMENT TO PROVIDE ANNUAL ON-CALL TRAFFIC SIGNAL MAINTENANCE SERVICES TO THE CITY OF BURLINGAME THIS AGREEMENT is made and entered into in the City of Burlingame, County of San Mateo, State of California, by and between the City of Burlingame, a municipal corporation [hereinafter City], and Bear Electrical Solutions [hereinafter Contractor], as of the _____ day of _____________, 2025. RECITALS (A) City wishes to establish a contractual relationship with Contractor to provide services and materials on an routine, and emergency on-call basis when needed by City; and (B) City has outlined the scope of services required for this Agreement in Exhibit A, the costs for the routine maintenance, and the on-call/emergency callout; and (C) City has qualified Contractor for providing these services and materials as to insurance and other provisions as specified in this Agreement; and (D) Contractor represents that it is a qualified and competent supplier of the services and items to be purchased under this Agreement. IT IS AGREED AS FOLLOWS: 1. Scope of Services. The Contractor shall provide the following services: (A) As requested by the Public Works Department, provide annual, semi-annual, quarterly, and monthly inspections of the City of Burlingame’s traffic signal system, consisting of 20 intersections, 3 fire station beacons, 3 HAWKS, 20 flashing beacons/RRFB, as well as service and repair on a Time & Materials basis as needed, including emergency call out. (B) See Exhibit A for the cost of services and labor rates. 2. Time of Performance. The services of the Contractor are to be available upon the execution of this Agreement until June 30, 2028. 3. Request for Services. City will request services pursuant to this Agreement and the Contractor and the City shall execute a purchase order specifying the nature and cost of the services to be provided for that specific request. Contractor shall acknowledge receipt and acceptance of the requested materials and/or services by signing a copy of the 280 Page 2 of 8 purchase order and returning it to the City within ten (10) days unless directed to reply sooner. 4. Nonexclusivity. Nothing contained in this Agreement shall be construed or interpreted as giving the Contractor any exclusive right or priority to provide any or all of the services described in this Agreement, and the City shall remain free to use its own forces or any other person to provide some or all of those services as the City may in its sole discretion determine best meets the City’s needs and wishes. 5. Compliance with Laws. The Contractor shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws. Contractor represents and warrants to City that it has all licenses, permits, qualifications and approvals of whatsoever nature, which are legally required for Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Contractor to perform the services requested under this Agreement. If providing services in the City, Contractor shall maintain a City business license pursuant to the City Municipal Code. 6. Sole Responsibility. Contractor shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement. 7. Cost of Services and Materials. Pricing for those services shall be in conformance with the price listing contained in [Exhibit A] attached hereto [or shall be specified in the purchase order and attachments to the purchase order for the specific services and materials requested by the City]. In no event shall purchases under this Agreement exceed a total of One Hundred Fifty Thousand Dollars ($150,000) per each one-year period (commencing on July 1st of each year), for a total not-to-exceed amount of Four Hundred Fifty Thousand Dollars ($450,000). 8. Information/Report Handling. All documents furnished to Contractor by the City and all reports and supportive data prepared by the Contractor under this Agreement are the City's property and shall be delivered to the City upon the completion of Contractor's services or at the City's written request. All reports, information, data, and exhibits prepared or assembled by Contractor in connection with the performance of its s ervices pursuant to this Agreement are confidential until released by the City to the public, and the Contractor shall not make any of the documents or information available to any individual or organization not employed by the Contractor or the City without the written consent of the City before such release. 9. Availability of Records. Contractor shall maintain the records supporting this billing for not less than three (3) years following completion of the work under this Agreement. 281 Page 3 of 8 Contractor shall make these records available to authorized personnel of the City at the Contractor's offices during business hours upon written request of the City. 10. Project Managers. The designated Project Manager for the City is Andrew Wong, Senior Civil Engineer, who shall represent the City on all matters hereunder. 11. Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to: To City: Andrew Wong, P.E., Senior Civil Engineer City of Burlingame 501 Primrose Road Burlingame, CA 94010 (650) 558-7230 To Contractor: Bear Electrical Solutions (BES) 1341 Archer Street P.O. Box 924 Alviso, CA 95002 Tel: (408) 449-5178 or personally delivered to Contractor to such address or such other address as Contractor designates in writing to City. 12. Independent Contractor. It is understood that the Contractor, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and not an agent or employee of the City. As an independent contractor, neither Contractor nor any of its officers or employees shall obtain any rights to retirement benefits or other benefits which accrue to City employee(s). With prior written consent, the Contractor may perform some obligations under this Agreement by subcontracting, but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement. 13. Nondiscrimination. Contractor warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Contractor does not and shall not discriminate against persons employed or seeking employment with them on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment & Housing Act. In performing services under thi s Agreement, Contractor shall not discriminate against any applicant or designer on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition. 282 Page 4 of 8 14. Insurance. Contractor shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, Contractor's agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Contractor's pricing. See Exhibit A. A. Minimum Scope of Insurance Coverage shall be at least as broad as: i. 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. ii. 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. iii. 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. iv. 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. B. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. C. Other Insurance Provision The policies are to contain, or be endorsed to contain the following provisions: 283 Page 5 of 8 i. General Liability and Automobile Liability Coverages a. The City of Burlingame, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor, products and completed operations of the Contractor, premises owned, occupied or used by the Contractor, or automobiles owned, leased, hired or borrowed by the Contractor . The coverage shall contain no special limitations on the scope of protection afforded to the City of Burlingame, its officers, officials, employees, or volunteers. The endorsement providing this additional insured coverage shall be equal to or broader than ISO Form CG 20 10 11 85 and must cover joint negligence, completed operations, and the acts of subcontractors. b. The Contractor's insurance coverage shall be primary insurance as respects the City of Burlingame, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Burlingame, its officers, officials, employees, or volunteers shall be excess of the Contractor’s Insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City of Burlingame, its officers, officials, employees, or volunteers. d. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. ii. Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against the City of Burlingame, its officers, officials, employees, or volunteers for losses arising from work performed by the Contractor for the City of Burlingame. iii. All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by eithe r party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt required, has been given to the City of Burlingame. D. Acceptability of Insurers Insurance is to be placed with insurers with a Best's rating of no less than 284 Page 6 of 8 A-:VII and authorized to do business in the State of California. E. Verification of Coverage Upon execution of this Agreement, Contractor shall furnish the City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms approved by the City. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 15. Indemnification. The Contractor shall save, keep and hold harmless indemnify and defend the City its officers, agent, employees and volunteers from all damages, liabilities, penalties, costs, or expenses in law or equity that may at any time arise or be set up because of damages to property or personal injury received by reason of, or in the course of performing work which may be occasioned by a willful or negligent act or omissions of the Contractor, or any of the Contractor's officers, employees, or agen ts or any subcontractor. This provision shall not apply if the damage or injury is proximately caused by the gross or active negligence or willful misconduct of the City, its officers, agents, employees, or volunteers. 16. Prevailing Wages. Unless otherwise authorized in writing by the City, Contractor shall comply with Labor Code Sections 1774 and 1775. The current schedule of prevailing wage rates supplied by the State Department of Industrial Relations can be found at www.dir.ca.gov/OPRL/PWD/index.htm or by writing to the Department of Labor Relations. The City shall not supply copies of this schedule for posting on the job site unless specifically requested to do so by the Contractor. If the Contractor intends to use a craft or classification not shown on the general prevailing wage determinations, it may be required to pay the wage rate of the craft or classification most closely related to it as shown in the general determinations effective at the time of the purchase order. If the Contractor intends to use a craft or classification not shown, it shall notify the City at least five (5) working days before the execution of the purchase order. It is the Contractor’s obligation to ensure that prevailing wages are paid on this project in conformance with State law and regulations. 285 Page 7 of 8 17. Time of the Essence. Prompt delivery of the services and materials is essential to this Agreement. The Contractor shall begin work within ten (10) days of the date requested in writing to begin work. Failure to begin work will result in awarding the bid to another bidder. 18. Termination. Upon fifteen (15) calendar days written notice to Contractor, City may, with or without cause and without prejudice to any other right or remedy of City, terminate the Contract for City’s convenience. In such case, Contractor will be paid for (1) work satisfactorily completed prior the effective date of such termination, (2) furnishing of labor, equipment, and materials in accordance with the Contract Documents in connection with uncompleted work, (3) reasonable expenses directly attributable to termination, and (4) fair and reasonable compensation for associated overhead and profit. No payment will be made on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 19. Waivers. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of the Agreement. 20. Modifications. No modification, waiver, termination, or amendment to this Agreement is effective unless made in writing signed by the City and the Contractor. 21. Severability. If any term of this Agreement is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in effect. 22. Entire Agreement. This Agreement sets forth the entire understanding between the parties. 286 Page 8 of 8 IN WITNESS WHEREOF, the City and the Contractor have executed this Agreement on the date of _______________________. By ___________________________________ Lisa K. Goldman, City Manager Print Name ____________________________________ Signature ____________________________________ Title ATTEST: Approved as to form: __________________________________ City Clerk City Attorney 287 1 STAFF REPORT AGENDA NO: 9l MEETING DATE: July 7, 2025 To: Honorable Mayor and City Council Date: July 7, 2025 From: Syed Murtuza, Director of Public Works – (650) 558-7230 Andrew Yang, Senior Civil Engineer – (650) 558-7230 Subject: Adoption of a Resolutions Awarding a $1,783,783 Construction Contract to G. Bortolotto & Company, Inc., for the 2025 Street Resurfacing Program, City Project No. 86970; and Approving a Cost Sharing Agreement with the City of San Mateo for North Humboldt Street Resurfacing RECOMMENDATION Staff recommends that the City Council take the following actions: 1) Adopt the attached resolution awarding a $1,783,783.00 construction contract to G. Bortolotto & Company, Inc., for the 2025 Street Resurfacing Program, City Project No. 86970, and authorizing the City Manager to execute the construction contract; and 2) Adopt the attached resolution approving the cost sharing agreement with the City of San Mateo for improvements along North Humboldt Street and authorize the City Manager to execute the same. BACKGROUND 2025 Street Resurfacing Program The 2025 Street Resurfacing Program scope consists of performing asphalt concrete “dig-out” repairs, surface milling, asphalt concrete overlay, traffic markings, traffic striping, concrete improvements, and other related work on the following streets. Cananea Place – Cananea Avenue to End Clovelly Lane – Westmoor Road to End Donnelly Avenue – Primrose Road to Lorton Avenue Gilbreth Road – Cowan Road to Mahler Road Hamilton Lane – Westmoor Road to End Hinckley Road – Gilbreth Road to Bayshore Highway North Humboldt Street – Rollins Road to Peninsula Avenue Killarney Lane – Westmoor Road to End Meadow Lane – Rosedale Drive to End 288 Resolution Awarding a Construction Contract to G. Bortolotto & Company, Inc. July 7, 2025 for the 2025 Street Resurfacing Program, City Project 86970 2 Neuchatel Avenue – Willborough Place to Oak Grove Avenue Occidental Avenue – Bellevue Avenue to Barroilhet Avenue Ralston Avenue – Pepper Avenue to Occidental Avenue Rollins Road – Toyon Drive to Oak Grove Avenue (Dig-out Repairs Only) Victoria Road – Howard Avenue to Peninsula Avenue (Dig-out Repairs Only) In addition to street resurfacing, two parking lots will be improved, including the Corporation Yard Guest Parking Lot at 1361 N. Carolan Avenue and City Parking Lot C located on Donnelly Avenue between Primrose Road and Lorton Avenue. Improvements at the Corporation Yard Guest Parking Lot include resurfacing with new asphalt, new striping, wheel stops, concrete curb, traffic loops, and regrading a portion of the parking lot in order to comply with accessibility standards. Improvements at Lot C include resurfacing with new asphalt, curb and gutters, asphalt dig-out repairs, new striping, and wheel stops. Cost Sharing Agreement with City of San Mateo for North Humboldt Street Resurfacing Staff from the Cities of Burlingame and San Mateo have negotiated the attached cost -sharing agreement for the resurfacing and striping of North Humboldt Street. This is a multijurisdictional roadway, with the east half located within San Mateo and the west half within Burlingame. The agreement is currently under review by the City of San Mateo and is expected to be approved and executed by their City Manager. The estimated reimbursement from the City of San Mateo is approximately $124,000, which is based on estimated quantities. The actual amount to be reimbursed is determined from field quantities during construction and will be paid at the end of the construction phase. DISCUSSION The Public Works Department issued a Notice Inviting Sealed Bids for the 2025 Street Resurfacing Project on April 25, 2025. Bid opening took place on May 20, 2025, with six proposals received, ranging from $1,783,783 to $2,556,302. G. Bortolotto & Company, Inc., submitted the lowest responsive and responsible bid at $1,783,783, which is approximately 23% below the engineer’s estimate of $2,313,344.96. The contractor has satisfied all project requirements and has a proven track record of delivering successful construction projects for the City of Burlingame and neighboring jurisdictions. FISCAL IMPACT Estimated Project Expenditures: The following are the estimated project construction expenditures: Construction $1,783,783.00 Construction Management and Inspection $136,285.00 Construction Contingency (15%) $267,567.45 Engineering Administration and Staff Time $112,364.55 289 Resolution Awarding a Construction Contract to G. Bortolotto & Company, Inc. July 7, 2025 for the 2025 Street Resurfacing Program, City Project 86970 3 Total $2,300,000.00 Funding Availability: There are adequate funds available in the City’s Capital Improvement Program Budget for Streets, City Parking Lot, and Facilities Resurfacing Fund to complete the project. Below is a breakdown of anticipated expenditures associated with each fund in relation to this project. CIP 86970 – 2025 Street Resurfacing Project $2,112,000.00 CIP 83620 – City Parking Lot Resurfacing $157,000.00 CIP 84650 – Facilities Parking Lot Resurfacing $31,000.00 Total $2,300,000.00 Exhibits: Resolution – Construction Contract Resolution – Cost Sharing Agreement Bid Summary Construction Contract Cost Sharing Agreement Project Location Map 290 RESOLUTION NO.________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AWARDING A $1,783,783 CONSTRUCTION CONTRACT TO G. BORTOLOTTO & COMPANY, INC., FOR THE 2025 STREET RESURFACING PROJECT AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONSTRUCTION CONTRACT CITY PROJECT NO. 86970 WHEREAS, on April 25, 2025, the City issued notice inviting bid proposals for the 2025 Street Resurfacing Project, City Project No. 86970; and WHEREAS, on May 20, 2024, six bid proposals were received and opened before the City Clerk and representatives of the Public Works Department; and WHEREAS, G. Bortolotto & Company, Inc., submitted the lowest responsible bid for the job in the amount of $1,783,783. NOW, THEREFORE, BE IT RESOLVED, and it is hereby ORDERED, that the Plans and Specifications, including all addenda, are approved, and adopted; and BE IT FURTHER RESOLVED that the bid of G. Bortolotto & Company, Inc., for said project in the amount of $1,783,783, and the same hereby is accepted; and BE IT FURTHER RESOLVED THERETO that a contract, in the form attached hereto, be entered into between the successful bidder hereinabove referred to and the City of Burlingame for the performance of said work, and that the City Manager is authorized on behalf of the City of Burlingame to execute said contract and to approve the faithful performance bond and the labor materials bond required to be furnished by the contractor. Peter Stevenson, 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 7th day of July 2025, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Meaghan Hassel-Shearer, City Clerk 291 RESOLUTION NO. __________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING THE COST SHARING AGREEMENT WITH THE CITY OF SAN MATEO FOR IMPROVEMENTS ALONG NORTH HUMBOLDT STREET AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT WHEREAS, North Humboldt Road is a multijurisdictional roadway, with the east half located within San Mateo and the west half within Burlingame; and WHEREAS, staff from the Cities of Burlingame and San Mateo have negotiated a cost- sharing agreement for the resurfacing and striping of North Humboldt Street; and WHEREAS, the cost-sharing agreement is currently under review by the City of San Mateo and is expected to be approved and executed by their City Manager; and WHEREAS, the City of San Mateo is estimated to reimburse the City of Burlingame approximately $124,000, but the final reimbursement amount will be determined from field quantities during construction; and WHEREAS, payment will be made to the City of Burlingame upon completion of the construction phase. NOW, THEREFORE, BE IT RESOLVED: 1. The City Council hereby approves the cost-sharing agreement with the City of San Mateo for resurfacing and striping improvements along North Humboldt Street; and 2. The City Manager is authorized to enter into and execute a cost-sharing agreement with the City of San Mateo for resurfacing and striping improvements along North Humboldt Street. _________________________________ Peter Stevenson, Mayor I, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 7th day of July, 2025, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: _________________________________ Meaghan Hassel-Shearer, City Clerk 292 City of BurlingameBid Results for Project 2025 Street Resurfacing Project, City Project No. 86970Issued on 04/25/2025Bid Due on May 20, 2025 at 2:00 PM (PDT)Exported on 05/20/2025Item Num Description Unit of Measure Quantity Unit Price Line Total Unit Price2 Line Total3 Unit Price3 Line Total5 Unit Price6 Line Total7 Unit Price8 Line Total9 Unit Price10 Line Total11 Unit Price12 Line Total131 Mobilization and Demobilization (@5%) L.S. 1 $95,795.31 $95,795.31 $57,839.00 $57,839.00 $70,000.00 $70,000.00 $94,000.00 $94,000.00 $83,500.00 $83,500.00 $30,000.00 $30,000.00 $125,500.00 $125,500.002 Traffic Control and Construction Signs L.S. 1 $65,000.00 $65,000.00 $125,000.00 $125,000.00 $120,000.00 $120,000.00 $240,000.00 $240,000.00 $97,200.00 $97,200.00 $160,000.00 $160,000.00 $185,650.00 $185,650.003 Water Pollution Prevention Control L.S. 1 $5,000.00 $5,000.00 $7,000.00 $7,000.00 $15,000.00 $15,000.00 $3,500.00 $3,500.00 $8,413.00 $8,413.00 $5,000.00 $5,000.00 $3,500.00 $3,500.004 A.C. Digout Repair (+250 tons allowance) TON 1082 $260.00 $281,320.00 $231.00 $249,942.00 $200.00 $216,400.00 $184.00 $199,088.00 $260.00 $281,320.00 $245.00 $265,090.00 $295.00 $319,190.005 Concrete Removal C.Y. 207 $225.00 $46,575.00 $290.00 $60,030.00 $300.00 $62,100.00 $145.00 $30,015.00 $150.00 $31,050.00 $600.00 $124,200.00 $365.00 $75,555.006 Aggregate Base TON 1 $100.00 $100.00 $333.00 $333.00 $1,000.00 $1,000.00 $250.00 $250.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $110.00 $110.007 A.C Overlay TON 5562 $175.00 $973,350.00 $140.00 $778,680.00 $152.00 $845,424.00 $184.00 $1,023,408.00 $150.00 $834,300.00 $177.50 $987,255.00 $215.00 $1,195,830.008 Cold Plane A.C C.Y. 2780 $110.00 $305,800.00 $110.00 $305,800.00 $110.00 $305,800.00 $45.00 $125,100.00 $160.00 $444,800.00 $122.00 $339,160.00 $155.00 $430,900.009 Adjust Manholes & utility boxes EACH 18 $1,300.00 $23,400.00 $1,150.00 $20,700.00 $1,200.00 $21,600.00 $1,750.00 $31,500.00 $1,400.00 $25,200.00 $1,280.00 $23,040.00 $1,500.00 $27,000.0010 Adjust & Replace Water Valve Boxes, Lampholes, Cleanouts, Monuments, Etc. to Grade EACH 53 $1,000.00 $53,000.00 $900.00 $47,700.00 $800.00 $42,400.00 $1,500.00 $79,500.00 $1,100.00 $58,300.00 $1,000.00 $53,000.00 $800.00 $42,400.0011 Fire Hydrant Pavement Markers Blue EACH 31 $25.00 $775.00 $18.00 $558.00 $16.00 $496.00 $15.00 $465.00 $16.00 $496.00 $25.00 $775.00 $35.00 $1,085.0012 Thermoplastic - 24" Solid Line L.F. 890 $20.00 $17,800.00 $18.00 $16,020.00 $18.00 $16,020.00 $16.00 $14,240.00 $17.00 $15,130.00 $18.00 $16,020.00 $14.00 $12,460.0013 Thermoplastic - 12" Solid Line L.F. 411 $15.00 $6,165.00 $10.00 $4,110.00 $9.00 $3,699.00 $8.00 $3,288.00 $9.00 $3,699.00 $9.00 $3,699.00 $10.00 $4,110.0014 Thermoplastic - 8" Solid Line and Pavement Markers L.F. 96 $10.00 $960.00 $8.00 $768.00 $7.00 $672.00 $6.00 $576.00 $6.50 $624.00 $5.00 $480.00 $5.00 $480.0015 6" Dashed Line (Thermoplastic) and Pavement Markers - Detail 2, 21, 22, & 28 L.F. 1370 $5.00 $6,850.00 $5.00 $6,850.00 $5.00 $6,850.00 $4.00 $5,480.00 $4.50 $6,165.00 $4.50 $6,165.00 $4.00 $5,480.0016 Thermoplastic - 4" Solid Line L.F. 2719 $4.00 $10,876.00 $6.00 $16,314.00 $6.00 $16,314.00 $5.00 $13,595.00 $6.00 $16,314.00 $3.00 $8,157.00 $2.00 $5,438.0017 Thermoplastic Legends and Arrows S.F. 831 $13.00 $10,803.00 $9.00 $7,479.00 $9.00 $7,479.00 $8.00 $6,648.00 $9.00 $7,479.00 $20.00 $16,620.00 $14.00 $11,634.0018 Grind Existing Thermoplastic/Paint and Pavement Markers L.S. 1 $5,000.00 $5,000.00 $6,000.00 $6,000.00 $5,500.00 $5,500.00 $5,000.00 $5,000.00 $5,500.00 $5,500.00 $6,250.00 $6,250.00 $35,240.00 $35,240.0019 Remove & Replace Curb and Gutter L.F. 57 $155.00 $8,835.00 $145.00 $8,265.00 $145.00 $8,265.00 $215.00 $12,255.00 $170.00 $9,690.00 $175.00 $9,975.00 $250.00 $14,250.0020 6' concrete valley gutter L.F. 53 $500.00 $26,500.00 $155.00 $8,215.00 $155.00 $8,215.00 $493.00 $26,129.00 $600.00 $31,800.00 $390.00 $20,670.00 $265.00 $14,045.0021 Bike Proof Grates EACH 23 $1,600.00 $36,800.00 $1,300.00 $29,900.00 $2,000.00 $46,000.00 $500.00 $11,500.00 $700.00 $16,100.00 $1,300.00 $29,900.00 $725.00 $16,675.0022 Install Sign & Post EACH 2 $600.00 $1,200.00 $600.00 $1,200.00 $600.00 $1,200.00 $550.00 $1,100.00 $600.00 $1,200.00 $400.00 $800.00 $450.00 $900.0023 Install Wheel Stop EACH 88 $150.00 $13,200.00 $175.00 $15,400.00 $175.00 $15,400.00 $150.00 $13,200.00 $160.00 $14,080.00 $100.00 $8,800.00 $175.00 $15,400.0024 Install New Vertical Curb L.F. 28 $500.00 $14,000.00 $85.00 $2,380.00 $70.00 $1,960.00 $106.00 $2,968.00 $130.00 $3,640.00 $145.00 $4,060.00 $215.00 $6,020.0025 Install Parking Loops L.S. 1 $2,500.00 $2,500.00 $7,300.00 $7,300.00 $10,000.00 $10,000.00 $6,300.00 $6,300.00 $9,000.00 $9,000.00 $7,000.00 $7,000.00 $7,450.00 $7,450.00Subtotal $2,011,604.31 $1,783,783.00 $1,847,794.00 $1,949,105.00 $2,006,000.00 $2,127,116.00 $2,556,302.0015% Contingency $301,740.65Total $2,313,344.96 $1,783,783.00 $1,847,794.00 $1,949,105.00 $2,006,000.00 $2,127,116.00 $2,556,302.00DRYCOEngineer's Estimate G. Bortolotto & Company, Inc. O'Grady Paving, Inc. JV Lucas Paving Interstate Grading & Paving, Inc MCK Services, Inc 293 AGREEMENT - 1 AGREEMENT FOR PUBLIC IMPROVEMENT 2025 STREET RESURFACING PROGRAM CITY PROJECT NO. 86970 THIS AGREEMENT, made in duplicate and entered into in the City of Burlingame, County of San Mateo, State of California on , 2025 by and between the CITY OF BURLINGAME, a Municipal Corporation, hereinafter called "City", and G. Bortolotto & Company, Inc. a California Corporation, hereinafter called "Contractor." WITNESSETH : WHEREAS, City has taken appropriate proceedings to authorize construction of the public work and improvements herein provided for and to authorize execution of this Contract; and WHEREAS, pursuant to State law and City requirements, a notice was duly published for bids for the contract for the improvement hereinafter described; and WHEREAS, on July 7, 2025, after notice duly given, the City of Burlingame awarded the contract for the construction of the improvements hereinafter described to Contractor, which the City found to be the lowest responsive, responsible bidder for these improvements; and WHEREAS, City and Contractor desire to enter into this Agreement for the construction of said improvements. NOW, THEREFORE, IT IS AGREED by the parties hereto as follows: 1. Scope of work. Contractor shall perform the work described in those Contract Documents entitled: 2025 STREET RESURFACING PROGRAM CITY PROJECT NO. 86970 2. The Contract Documents. The complete contract between City and Contractor consists of the following documents: this Agreement; Notice Inviting Sealed Bids, attached hereto as Exhibit A; the accepted Bid Proposal, attached hereto as Exhibit B; the specifications, provisions, addenda, complete plans, profiles, and detailed drawings contained in the bid documents 294 AGREEMENT - 2 titled “2025 Street Resurfacing Program, City Project No. 86970” attached as Exhibit C; the State of California Standard Specifications 2010, as promulgated by the California Department of Transportation; prevailing wage rates of the State of California applicable to this project by State law; and all bonds; which are collectively hereinafter referred to as the Contract Documents. All rights and obligations of City and Contractor are fully set forth and described in the Contract Documents, which are hereby incorporated as if fully set forth herein. All of the above described documents are intended to cooperate so that any work called for in one, and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. 3. Contract Price. The City shall pay, and the Contractor shall accept, in full, payment of the work above agreed to be done, the sum of one million, seven hundred and eighty three thousand, seven hundred and eighty-three dollars ($1,783,783.00), called the “Contract Price”. This price is determined by the lump sum and unit prices contained in Contractor's Bid. In the event authorized work is performed or materials furnished in addition to those set forth in Contractor's Bid and the Specifications, such work and materials will be paid for at the unit prices therein contained. Said amount shall be paid in progress payments as provided in the Contract Documents. 4. Termination At any time and with or without cause, the City may suspend the work or any portion of the work for a period of not more than 90 consecutive calendar days by notice in writing to Contractor that will fix the date on which work will be resumed. Contractor will be granted an adjustment to the Contract Price or an extension of the Time for Completion, or both, directly attributable to any such suspension if Contractor makes a claim therefor was provided in the Contract Documents. The occurrence of any one or more of the following events will justify termination of the contract by the City for cause: (1) Contractor’s persistent failure to perform the work in accordance with the Contract Documents; (2) Contractor’s disregard of Laws or Regulations of any public body having jurisdiction; (3) Contractor’s disregard of the authority of the Engineer; or (4) Contractor’s violation in any substantial way of any provision of the Contract Documents. In the case of any one or more of these events, the City, after giving Contractor and Contractor’s sureties seven calendar days written notice of the intent to terminate Contractor’s services, may initiate termination procedures under the provisions of the Performance Bond. Such termination will not affect any rights or 295 AGREEMENT - 3 remedies of City against Contractor then existing or that accrue thereafter. Any retention or payment of moneys due Contractor will not release Contractor from liability. At the City’s sole discretion, Contractor’s services may not be terminated if Contractor begins, within seven calendar days of receipt of such notice of intent to terminate, to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 calendar days of such notice. Upon seven calendar days written notice to Contractor, City may, without cause and without prejudice to any other right or remedy of City, terminate the Contract for City’s convenience. In such case, Contractor will be paid for (1) work satisfactorily completed prior the effective date of such termination, (2) furnishing of labor, equipment, and materials in accordance with the Contract Documents in connection with uncompleted work, (3) reasonable expenses directly attributable to termination, and (4) fair and reasonable compensation for associated overhead and profit. No payment will be made on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 5. Provisions Cumulative. The provisions of this Agreement are cumulative and in addition to and not in limitation of any other rights or remedies available to the City. 6. Notices. All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid. Notices required to be given to the City shall be addressed as follows: Andrew Yang, Senior Transportation Engineer City of Burlingame 501 Primrose Road Burlingame, California 94010 (650) 558-7271 Notices required to be given to Contractor shall be addressed as follows: Robert Bortolotto, President/Treasurer G. Bortolotto & Company, Inc. 582 Bragato Road San Carlos, CA 94070-6227 (650) 595-2591 296 AGREEMENT - 4 7. Interpretation As used herein, any gender includes the other gender and the singular includes the plural and vice versa. 8. Waiver or Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the City and the Contractor. One or more waivers of any term, condition, or other provision of this Agreement by either party shall not be construed as a waiver of a subsequent breach of the same or any other provision. 9. Controlling Law. This Agreement is to be governed by and interpreted in accordance with the laws of the State of California. 10. Successors and Assignees. This Agreement is to be binding on the heirs, successors, and assigns of the parties hereto but may not be assigned by either party without first obtaining the written consent of the other party. 11. Severability. If any term or provision of this Agreement is deemed invalid, void, or unenforceable by any court of lawful jurisdiction, the remaining terms and provisions of the Agreement shall not be affected thereby and shall remain in full force and effect. 12. Insurance. 12.1 Time for Compliance. Contractor shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Section. 12.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of 297 AGREEMENT - 5 the Agreement by the Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence and $2,000,000 aggregate for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 combined single limit for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits. (C) Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City 298 AGREEMENT - 6 may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Agreement. (D) Additional Insured. The City of Burlingame, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Contractor’s and its subcontractors’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. 12.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies: (A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Burlingame, its officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance or self-insurance shall be called upon to protect it as a named insured. Any insurance or self-insurance maintained by the City, its officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(A). (B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its officials, officers, 299 AGREEMENT - 7 employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(B). (C) Workers’ Compensation and Employer’s Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, officers, employees, agents, and volunteers. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds. 12.4 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, officers, employees, agents, and volunteers. All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors. 300 AGREEMENT - 8 12.5 Deductibles and Self-Insurance Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 12.6 Subcontractor Insurance Requirements. Contractor shall not allow any subcontractors to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Contractor, the City may approve different scopes or minimum limits of insurance for particular subcontractors. The Contractor and the City shall be named as additional insureds on all subcontractors’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad. 12.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A-:VIII, licensed to do business in California, and satisfactory to the City. 12.8 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 12.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Services under this Agreement. 13. Indemnification. Contractor shall indemnify, defend, and hold the City, its directors, officers, employees, agents, and volunteers harmless from and against any and all liability, claims, 301 AGREEMENT - 9 suits, actions, damages, and causes of action arising out of, pertaining or relating to the actual or alleged negligence, recklessness or willful misconduct of Contractor, its employees, subcontractors, or agents, or on account of the performance or character of the services, except for any such claim arising out of the sole negligence or willful misconduct of the City, its officers, employees, agents, or volunteers. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in section 2778 of the California Civil Code. Notwithstanding the foregoing, for any design professional services, the duty to defend and indemnify City shall be limited to that allowed by state law. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 302 AGREEMENT - 10 IN WITNESS WHEREOF, two identical counterparts of this Agreement, consisting of five pages, including this page, each of which counterparts shall for all purposes be deemed an original of this Agreement, have been duly executed by the parties hereinabove named on the day and year first hereinabove written. CITY OF BURLINGAME, a Municipal Corporation By Lisa K. Goldman, City Manager Approved as to form: Michael Guina, City Attorney ATTEST: Meaghan Hassel-Shearer, City Clerk CONTRACTOR By Print Name: Robert Bortolotto, President/Treasurer Company Name: G. Bortolotto & Company, Inc. 303 Page 1 of 8 City of Burlingame and City of San Mateo Cost Share Agreement –Humboldt Street Paving COST SHARING AGREEMENT BY AND BETWEEN THE CITY OF BURLINGAME AND THE CITY OF SAN MATEO FOR PAVING OF HUMBOLDT STREET IN CONJUNCTION WITH THE CITY OF BURLINGAME’S 2025 STREET RESURFACING PROJECT This Cost Sharing Agreement for the paving of Humboldt Street in conjunction with the City of Burlingame’s 2025 Street Resurfacing Project, Project No. 86970 (“Agreement”) is entered into by and among the CITY OF BURLINGAME, a municipal corporation in the County of San Mateo, State of California, hereinafter called “Burlingame”, and the CITY OF SAN MATEO, a municipal corporation in the County of San Mateo, State of California, hereinafter called “San Mateo” (each a “Party” and collectively the “Parties”), and is made effective as of _________________, 2025 and is based on the following: RECITALS WHEREAS, the Parties desire to enter into an agreement to provide for the allocation of costs for the construction and construction management of street resurfacing on Humboldt Street (between Rollins Road and Peninsula Avenue), including staff costs, in conjunction with the City of Burlingame’s 2025 Street Resurfacing Project, Project No. 86970 (“Project”), as further described below, and to establish the roles and responsibilities of the Parties for completion of construction and construction management, and to enter into this Agreement to establish the terms, conditions, and obligations thereon; and, WHEREAS, certain elements incorporated into the Project may provide benefit to only one of the Parties to this Agreement and each Party agrees to pay the full costs of any element(s) which is/are to its sole benefit and to share the cost of those elements that are of mutual benefit to the Parties; and, 304 Page 2 of 8 City of Burlingame and City of San Mateo Cost Share Agreement –Humboldt Street Paving WHEREAS, the portions of the Project of interest to San Mateo are shown on Exhibit “A”, attached to and incorporated into this Agreement by this reference; and, WHEREAS, a detailed estimate of costs for construction, construction management, and design are shown on Exhibit “B”, attached to and incorporated into this Agreement by this reference. AGREEMENT NOW, THEREFORE, based terms and conditions set forth herein, IT IS HEREBY AGREED by and between Burlingame and San Mateo as follows: Section 1. Recitals. The foregoing Recitals are true and correct and incorporated into this Agreement by reference. Section 2. Definitions. The following definitions apply to terms used in this Agreement: “Line-Specific Costs” means the actual cost of materials, labor and all associated incidentals to construct the improvements on Humboldt Street, including the billings of the contractor and any consultants. “Shared Costs” means the costs of labor and materials that are for the mutual benefit of the Parties including mobilization, storm water control, traffic control, and construction inspection. “Project Costs” includes all costs incurred by the Lead Agency specifically to implement and complete construction of the Project, including construction contractor costs and consultant construction inspection. In addition, Project Costs include any liability the Lead 305 Page 3 of 8 City of Burlingame and City of San Mateo Cost Share Agreement –Humboldt Street Paving Agency incurs in prosecuting the Project and any claims adjusting, claims investigation, and costs incurred in defending claims (including reasonable attorney’s fees) brought by any contractor or third party for damages arising out of the prosecution of the Project. “Lead Agency” means the agency responsible for performance of tasks required to implement and complete construction of the Project, or a portion thereof, on behalf of all Parties, including tasks such as obtaining and overseeing construction contractors and professional services. Burlingame shall be the Lead Agency for the Project. Section 3. City of Burlingame 2025 Street Resurfacing Project. Burlingame performs an annual Street Resurfacing Project on various roadways in need of repair or treatment. Humboldt Street (between Rollins Road and Peninsula Avenue) is scheduled for resurfacing during the 2025 Street Resurfacing Project and has been selected for a mill and overlay treatment with pavement section repairs. This portion of Humboldt Street between Rollins Road and Peninsula Avenue is half within the jurisdictional boundary of Burlingame and half within the jurisdictional boundary of San Mateo. In addition, striping improvements will be made in conformance with Caltrans Standard Specifications and Standard Details. The improvements are shown on Exhibit “A”, and estimated costs associated with this construction are shown on Exhibit “B”. Section 4. Party Responsibilities. A. As Lead Agency, Burlingame will prepare bid documents, conduct the public bidding process, award the contract for the Project, and cause the Project to be constructed, all in compliance with applicable law. Burlingame will be the primary contact with the contractor who is awarded the contract, subject to San Mateo’s right to initiate change orders or other reasonable directives with respect to San Mateo’s line-specific work. To the furthest extent permitted by law, Burlingame shall issue a categorical 306 Page 4 of 8 City of Burlingame and City of San Mateo Cost Share Agreement –Humboldt Street Paving exemption for the Project pursuant to Public Resources Code § 21000 et seq. and California Code of Regulations, Title 14, Sections 15000 et seq. (collectively, “CEQA”). Burlingame shall include, in its contract with the contractor on the Project, a requirement that the contractor include San Mateo, its officials, officers, employees and agents as additional insureds and indemnify, defend, and hold harmless San Mateo, its officials, officers, employees and agents from any liability, claims, demands, suits or actions which may be made by any person resulting from the Project. B. San Mateo shall review the design documents, bid documents and contract to be awarded. Upon opening of the bids, San Mateo may decline to participate in the Project if costs exceed San Mateo’s expectations and may terminate this Agreement, with at least five (5) business days’ written notice to Burlingame. In the event of termination, San Mateo shall be responsible for its Line-Specific Costs which were incurred prior to termination. This Agreement is subject to San Mateo obtaining authorization from its City Council for the Expenditure Limit as defined in Section 5(C) below. San Mateo shall issue any categorical exemption or other CEQA notice which San Mateo may determine to be required for its line-specific work in addition to the categorical exemption noted in Section 4(A) above. Section 5. Financial Participation. A. Burlingame and San Mateo shall each be responsible for the independent funding of their respective portions of the Project Costs. B. Each Party shall pay its own Line-Specific Costs, which are estimated in Exhibit “B.” In addition, Burlingame and San Mateo shall pay Shared Costs as identified in this Agreement and on Exhibit “B.” However, Burlingame and San Mateo understand and agree that the amounts in Exhibit “B’ are estimates and that actual, total amounts will be unknown until the Project is completed. It is understood that the total sum to be reimbursed to Burlingame by San Mateo shall be determined from the Project Costs reasonably incurred by Burlingame to construct those certain improvements on behalf of San Mateo 307 Page 5 of 8 City of Burlingame and City of San Mateo Cost Share Agreement –Humboldt Street Paving that do not exceed the Expenditure Limit (as defined below) approved by San Mateo’s City Council. C. San Mateo’s estimated fiscal obligation for work performed under this Agreement by Burlingame on behalf of San Mateo is $150,000 (one hundred fifty thousand and no/100 dollars). (“Expenditure Limit”). If San Mateo’s share of the Project Costs exceed the Expenditure Limit due to unforeseen conditions, San Mateo may seek further authorization from its City Council for funding. D. Either Party may make changes to its own line-specific work, provided that any additional costs incurred shall be solely borne by the Party making the change. E. No additional work or changes to San Mateo’s scope of work shall be done without prior written authorization from San Mateo. Section 6. Financial Commitments. A. San Mateo shall pay to Burlingame the amounts calculated in accordance with Section 5 above. Burlingame shall invoice San Mateo monthly for costs incurred during the calendar month preceding the invoice. B. Fund deposits and payments for costs incurred for the Project shall be made directly and without offset for any other financial obligations of the Parties. Section 7. Limitations. This Agreement shall not affect, modify, amend, or replace the allocation of costs for treatment, capital improvements, or other services under any prior agreement between the Parties. The Parties shall continue to share costs for those services in accordance with the procedures set forth in prior agreements until they are amended or replaced. Except as modified herein, the terms of previous agreements shall continue in full force and effect. 308 Page 6 of 8 City of Burlingame and City of San Mateo Cost Share Agreement –Humboldt Street Paving Section 8. Indemnification. Each Party shall indemnify, defend and hold the other Party, its officials, officers, employees, agents, consultants and contractors free and harmless from and against any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or in equity, to property or persons, including wrongful death, (“Claims”) in any manner arising out of or incident to any negligent acts or omissions or willful misconduct of the indemnifying Party, its officials, officers, employees, agents, consultants or contractors in the performance of the indemnifying Party’s obligations under this Agreement, including the payment of interest, penalties, reasonable attorney’s fees and expert fees, and amounts paid in settlement of any Claims. Each Party shall give the other Party prompt written notice of any Claim coming within the scope of this Section 8. Each Party will cooperate in the investigation, defense, and settlement of any such Claim. Section 9. Notices. Any notice required, contemplated by, or made pursuant to this Agreement shall be in writing and shall be deemed delivered on the date of delivery if delivered personally or five (5) calendar days after the date of mailing if sent by U.S. Mail. Written notice to the Parties shall be directed to the following: IF TO BURLINGAME: City of Burlingame Attn: Public Works Director 501 Primrose Road, 2nd Fl. Burlingame, CA 94010 --with courtesy copy to-- City of Burlingame Attn: City Attorney 501 Primrose Road Burlingame, CA 94010 IF TO SAN MATEO: City of San Mateo Attn: Public Works Director 330 W. 20th Avenue San Mateo, CA 94403 --with courtesy copy to-- City of San Mateo Attn: City Attorney 330 W. 20th Avenue San Mateo, CA 94403 309 Page 7 of 8 City of Burlingame and City of San Mateo Cost Share Agreement –Humboldt Street Paving IN WITNESS WHEREOF, the Parties hereto, by their duly authorized representatives, have affixed their hands on the day and year first above written. BURLINGAME: CITY OF BURLINGAME 501 Primrose Road Burlingame, CA 94010 __________________________________ Lisa K Goldman City Manager ATTEST: ___________________________ Meaghan Hassel-Shearer City Clerk APPROVED AS TO FORM: ___________________________ Michael Guina City Attorney 310 Page 8 of 8 City of Burlingame and City of San Mateo Cost Share Agreement –Humboldt Street Paving SAN MATEO: CITY OF SAN MATEO 330 W. 20th Avenue San Mateo, CA 94403 __________________________________ Alex Khojikian City Manager ATTEST: ___________________________ Martin McTaggart City Clerk APPROVED AS TO FORM: ___________________________ Linh Nguyen Assistant City Attorney 311 ROLLINS ROAD PENINSULA AVEHUMBOLDT ST CITY OF BURLINGAME 2025 STREET RESURFACING PROGRAM LEGEND Total Length (L.F.):STREET:Avg. Width (FT.):Total Area (S.F.):From:To: TREATMENT: 1,640 28 55,006 2.0" MILL, 2.0" OVERLAY, 6" DIGOUT HOWARD AVEROLLINS RD HUMBOLDT ST 312 N0 SCALE IN FEET 30 6030 CITY OF BURLINGAME 2025 STREET RESURFACING PROGRAM LEGEND Total Length (L.F.):STREET:Avg. Width (FT.):Total Area (S.F.):From:To: TREATMENT: PENINSULA AVEHUMBOLDT ST ROLLINS ROAD1,640 28 55,006 2.0" MILL, 2.0" OVERLAY, 6" DIGOUT BAYSWATER AVEHUMBOLDT ST PENINSULA AVEHUMBOLDT ST 313 Bid Item Description of Work Unit Price Unit Quantity Total Cost San Mateo Cost 1 Mobilization and Demobilization@ 5%7,807.59$ LS 1 7,808$ 3,904$ 2 Traffic Control and Construction Signs 16,873.54$ LS 1 16,874$ 8,437$ 3 Water Pollution Prevention Control 944.92$ LS 1 945$ 472$ 4 6" A.C. Digout Repair 231.00$ Tons 27 6,237$ 3,119$ 7 A.C. Overlay 140.00$ Tons 690 96,600$ 48,300$ 8 Cold Plane A.C.110.00$ CY 340 37,400$ 18,700$ 9 Adjust Manholes & Utility Boxes to Grade 1,150.00$ Each 2 2,300$ 1,150$ 10 Adjust & Replace Water Valve Boxes, Lampholes, Cleanouts, Monuments, Etc. to Grade 900.00$ Each 3 2,700$ 1,350$ 11 Fire Hydrant Pavement Markers Blue 18.00$ Each 2 36$ 18$ 12 Thermoplastic - 24" Solid Line 18.00$ LF 270 4,860$ 2,430$ 13 Thermoplastic - 12" Solid Line 10.00$ LF 96 960$ 480$ 17 Thermoplastic Legends and Arrows 9.00$ SF 128 1,152$ 576$ 18 Grind Thermoplastic/Paint and Pavement Markers 809.93$ LS 1 810$ 405$ 21 Bike Proof Grates 1,300.00$ Each 4 5,200$ 2,600$ Total Construction Cost 183,881$ 91,940$ Estimated Inspection Cost 15%27,582.15$ 13,791$ Estimated Staff Time and Testing 5%9,194.05$ 4,597$ Construction Contingency 15%27,582.15$ 13,791$ Total Project Cost 248,000.00$ 124,000$ 1 Notes Estimated Project Costs for Cost Sharing Agreement Exhibit B This estimate does not include the final total amount. The total amounts will be unknown until the Project is completed. It is understood that the total sum to be reimbursed to Burlingame by San Mateo shall be determined from the actual costs incurred by Burlingame to construct those certain improvements on behalf of San Mateo. 314 POPLAR CREEK GOLF COURSE SAN FRANCISCO BAY COY O T E P OI N T B L V D COYOTE POINT BLVDPG&E STATION < B A Y T R A I L > <BAY TR A I L > RESTROOMRESTR O O M ROAD ROAD PARKING MARINA PARKINGROADBEACH FR O N T PED/BIKE T R A I L PARKINGPARK I N G S.P.C.A. COYOTE POI N T B L V D R O A D PICNIC AREA PICNIC AREA COYOTE PT. MUSEUM SHOOTING RANGE BEACH P A R K I N G BEACH P A R K I N G RESTAURANT CAPTAINS HOUSECAPTAINS HOUSE PARKING BREAK WATER BOAT MARINA YACHT CLUB MARINA & PICNIC PARKING CLUB HOUSE PICNIC AREA PARKING FOR RANGE GOLF PARK I N G GOLF PARKING MUSEUM & PICNIC PARKING BOAT LAUNCH DOCK OFFICES CLUB PARKING PICNIC GOLF COURSEPICNICBEACH F R O N T PED/B I K E T R A I L OFFICES BOAT MARINA PED/BIKE TRAIL KEY PLAN LEGEND N VIC TOR IA RDHUMBOLD T RD PAVEMENT SECTION REPAIRS ONLY PROJECT STREET TO BE RESURFACED SH T 1CAN AN E A P L HAMILTON LN SHT 7 CLOVELLY LN SHT 2 KILLARNEY LN SHT 12 S H T 1 3 M E A D O W L N S H T 4 G I L B R E T H R D S H T 5 S H T 5 S H T 6 ROLLINS RD SHT 19 SHT 1 8 SHT 19 SHT 1 0 SHT 1 1 SHT 2 3 DON N ELL Y A V E SHT 3 N E U C H A T E L A V E S H T 1 4 OCCIDENTAL AVESHT 15SHT16SHT 16RALST O N A V E SHT 1 7 SHT 20 SHT 22 SHT 22HINCKLEY RDSHT 08SHT 09SHT 1 1 ROLLINS RD SHT 21 315 1 STAFF REPORT AGENDA NO: 9m MEETING DATE: July 7, 2025 To: Honorable Mayor and City Council Date: July 7,2025 From: Syed Murtuza, Director of Public Works – (650) 558-7230 Mahesh Yedluri, Senior Civil Engineer – (650) 558-7238 Subject: Adoption of a Resolution Awarding a $357,200 Agreement for Public Improvement to B and D Excavation and Construction for the Easton Creek Berm Improvements and El Portal Channel Rehabilitation, City Project No. 86730, Authorizing the City Manager to Execute the Agreement, and Authorizing a 25% Construction Contingency in the Amount of $89,300 RECOMMENDATION Staff recommends that the City Council adopt the attached resolution awarding an Agreement for Public Improvement (“Agreement”) to B and D Excavation and Construction for the Easton Creek Berm Improvements and El Portal Channel Rehabilitation, City Project No. 86730 (“Project”), in the amount of $357,200, authorizing the City Manager to execute the Agreement, and authorizing a 25% construction contingency in the amount of $89,300. BACKGROUND During the winter of 2023, elevated water levels from a series of major storms caused a breach in the embankments along Easton Creek, spanning from the Caltrain tracks to North Carolan Avenue. In response, maintenance crews implemented temporary stabilization measures to protect the affected areas through the 2024 winter season. Additional damage was later identified along Easton Creek—from North Carolan Avenue to Rollins Road—as well as along El Portal Channel. To address these vulnerabilities, this Project will implement permanent improvements that will safeguard the existing infrastructure and enhance resilience to future storm events. Planned work includes the installation of approximately 200 linear feet of cutoff wall, abandonment of a segment of existing sewer pipeline, placement of new fill material, replacement of a damaged concrete channel section, and other related improvements. These infrastructure upgrades are designed to reinforce critical systems and help mitigate localized flooding risks. DISCUSSION The Project was advertised for bids on May 5, 2025. At the bid opening on May 27, 2025, the City received two bid proposals ranging from $357,200 to $425,580. B and D Excavation and 316 Resolution Awarding Construction Contract to B and D Excavation and Construction July 7, 2025 for the Easton Creek Berm Improvements and El Portal Channel Rehabilitation 2 Construction (“Contractor”) submitted the lowest responsible bid in the amount of $357,200, which is 10.7% lower than the engineer’s estimate of $400,000. Upon review, staff confirmed the bid proposal meets all project requirements. The Contractor has also successfully completed similar work for Redwood City and Alameda County. Given the uncertain soil conditions within the existing berms along Easton Creek, staff recommends that the City Council authorize a 25% construction contingency. This allowance would provide flexibility to address unforeseen site conditions and support timely field engineering solutions at both project locations. Construction is scheduled to begin in August 2025, with completion anticipated by October 2025 . FISCAL IMPACT Estimated Project Expenditures The following are the estimated project construction expenditures: Construction Contract $357,200 Construction Management and Inspection Services $76,125 Engineering & Design Support During Construction $15,232 Construction Contingency (25%) $89,300 Engineering Administration and Staff Time $42,143 Total $580,000 Funding Availability There are adequate funds available in the Capital Improvement budget to complete the Project. Exhibits: Resolution Construction Contract Bid Summary Project Location Map 317 RESOLUTION NO. _______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AWARDING AN AGREEMENT FOR PUBLIC IMPROVEMENT FOR EASTON CREEK BERM IMPROVEMENTS AND EL PORTAL CHANNEL REHABILITATION TO B AND D EXCAVATION AND CONSTRUCTION IN THE AMOUNT OF $357,200 AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT, AND AUTHORIZING A 25% CONSTRUCTION CONTINGENCY IN THE AMOUNT OF $89,300 CITY PROJECT NO. 86730 WHEREAS, on May 5, 2025, the City issued notice inviting bid proposals for the Easton Creek Berm Improvements and El Portal Channel Rehabilitation, City Project No. 86730; and WHEREAS, on May 27, 2025, all proposals were received and opened before the City Clerk and representatives of the Public Works Department; and WHEREAS, B and D Excavation and Construction submitted the lowest responsible bid for the job in the amount of $357,200. NOW, THEREFORE, be it RESOLVED, and it is hereby ORDERED, that the Plans and Specifications, including all addenda, are approved and adopted; and BE IT FURTHER RESOLVED that the bid of B and D Excavation and Construction for said project in the amount of $357,200, and the same hereby is accepted; and BE IT FURTHER RESOLVED THERETO that an Agreement for Public Improvement in the amount of $357,200, in the form attached hereto, be entered into between the successful bidder hereinabove referred to and the City of Burlingame for the performance of said work, and that the City Manager is authorized on behalf of the City of Burlingame to execute said Agreement and to approve the faithful performance bond and the labor materials bond required to be furnished by the contractor ; and BE IT FURTHER RESOLVED that the City Council hereby authorizes a 25% construction contingency in the amount of $89,300 to address unforeseen subsurface soil conditions within the berms and embankments of Easton Creek and to ensure timely completion of the project. ____________________ Peter Stevenson, Mayor 318 I, Meaghan Hassel Shearer, City Clerk of the City of Burlingame, certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 7th day of July, 2025, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ____________________ Meaghan Hassel Shearer, City Clerk 319 AGREEMENT - 1 AGREEMENT FOR PUBLIC IMPROVEMENT EASTON CREEK BERM IMPROVEMENTS AND EL PORTAL CHANNEL REHABILITATION PROJECT CITY PROJECT NO. 86730 THIS AGREEMENT, made in duplicate and entered into in the City of Burlingame, County of San Mateo, State of California on , 2025 by and between the CITY OF BURLINGAME, a Municipal Corporation, hereinafter called "City", and B and D Excavation and Construction, a California Corporation, hereinafter called "Contractor." WITNESSETH: WHEREAS, City has taken appropriate proceedings to authorize construction of the public work and improvements herein provided for and to authorize execution of this Contract; and WHEREAS, pursuant to State law and City requirements, a notice was duly published for bids for the contract for the improvement hereinafter described; and WHEREAS, on July 7, 2025, after notice duly given, the City of Burlingame awarded the contract for the construction of the improvements hereinafter described to Contractor, which the City found to be the lowest responsive, responsible bidder for these improvements; and WHEREAS, City and Contractor desire to enter into this Agreement for the construction of said improvements. NOW, THEREFORE, IT IS AGREED by the parties hereto as follows: 1. Scope of work. Contractor shall perform the work described in those Contract Documents entitled: EASTON CREEK BERM IMPROVEMENTS AND EL PORTAL CHANNEL REHABILITATION PROJECT CITY PROJECT NO. 86730 2. The Contract Documents. The complete contract between City and Contractor consists of the following 320 AGREEMENT - 2 documents: this Agreement; Notice Inviting Sealed Bids, attached hereto as Exhibit A; the accepted Bid Proposal, attached hereto as Exhibit B; the specifications, provisions, addenda, complete plans, profiles, and detailed drawings contained in the bid documents titled “Easton Creek Berm Improvements and El Portal Channel Rehabilitation Project, City Project No. 86730” attached as Exhibit C; the State of California Standard Specifications 2010, as promulgated by the California Department of Transportation; prevailing wage rates of the State of California applicable to this project by State law; and all bonds; which are collectively hereinafter referred to as the Contract Documents. All rights and obligations of City and Contractor are fully set forth and described in the Contract Documents, which are hereby incorporated as if fully set forth herein. All of the above described documents are intended to cooperate so that any work called for in one, and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. 3. Contract Price. The City shall pay, and the Contractor shall accept, in full, payment of the work above agreed to be done, the sum of three hundred fifty seven thousand and two hundred dollars ($357,200), called the “Contract Price”. This price is determined by the lump sum and unit prices contained in Contractor's Bid. In the event authorized work is performed or materials furnished in addition to those set forth in Contractor's Bid and the Specifications, such work and materials will be paid for at the unit prices therein contained. Said amount shall be paid in progress payments as provided in the Contract Documents. 4. Termination At any time and with or without cause, the City may suspend the work or any portion of the work for a period of not more than 90 consecutive calendar days by notice in writing to Contractor that will fix the date on which work will be resumed. Contractor will be granted an adjustment to the Contract Price or an extension of the Time for Completion, or both, directly attributable to any such suspension if Contractor makes a claim therefor was provided in the Contract Documents. The occurrence of any one or more of the following events will justify termination of the contract by the City for cause: (1) Contractor’s persistent failure to perform the work in accordance with the Contract Documents; (2) Contractor’s disregard of Laws or Regulations of any public body having jurisdiction; (3) Contractor’s disregard of the authority of the Engineer; or (4) Contractor’s violation in any substantial way of any provision of the Contract Documents. In the case of any one or more of these events, the 321 AGREEMENT - 3 City, after giving Contractor and Contractor’s sureties seven calendar days written notice of the intent to terminate Contractor’s services, may initiate termination procedures under the provisions of the Performance Bond. Such termination will not affect any rights or remedies of City against Contractor then existing or that accrue thereafter. Any retention or payment of moneys due Contractor will not release Contractor from liability. At the City’s sole discretion, Contractor’s services may not be terminated if Contractor begins, within seven calendar days of receipt of such notice of intent to terminate, to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 calendar days of such notice. Upon seven calendar days written notice to Contractor, City may, without cause and without prejudice to any other right or remedy of City, terminate the Contract for City’s convenience. In such case, Contractor will be paid for (1) work satisfactorily completed prior the effective date of such termination, (2) furnishing of labor, equipment, and materials in accordance with the Contract Documents in connection with uncompleted work, (3) reasonable expenses directly attributable to termination, and (4) fair and reasonable compensation for associated overhead and profit. No payment will be made on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 5. Provisions Cumulative. The provisions of this Agreement are cumulative and in addition to and not in limitation of any other rights or remedies available to the City. 6. Notices. All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid. Notices required to be given to the City shall be addressed as follows: Mahesh Yedluri, Senior Civil Engineer City of Burlingame 501 Primrose Road Burlingame, CA 94010 (650) 558-7230 Notices required to be given to Contractor shall be addressed as follows: Sean Burns, CEO B and D Excavation and Construction 455 Horn Avenue 322 AGREEMENT - 4 Santa Rosa, CA 94507 (415) 629-7673 7. Interpretation As used herein, any gender includes the other gender and the singular includes the plural and vice versa. 8. Waiver or Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the City and the Contractor. One or more waivers of any term, condition, or other provision of this Agreement by either party shall not be construed as a waiver of a subsequent breach of the same or any other provision. 9. Controlling Law. This Agreement is to be governed by and interpreted in accordance with the laws of the State of California. 10. Successors and Assignees. This Agreement is to be binding on the heirs, successors, and assigns of the parties hereto but may not be assigned by either party without first obtaining the written consent of the other party. 11. Severability. If any term or provision of this Agreement is deemed invalid, void, or unenforceable by any court of lawful jurisdiction, the remaining terms and provisions of the Agreement shall not be affected thereby and shall remain in full force and effect. 12. Insurance. 12.1 Time for Compliance. Contractor shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Section. 12.2 Minimum Requirements. Contractor shall, at its expense, procure and 323 AGREEMENT - 5 maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence and $2,000,000 aggregate for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 combined single limit for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits. (C) Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not 324 AGREEMENT - 6 replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Agreement. (D) Additional Insured. The City of Burlingame, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Contractor’s and its subcontractors’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. 12.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies: (A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Burlingame, its officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance or self-insurance shall be called upon to protect it as a named insured. Any insurance or self-insurance maintained by the City, its officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(A). (B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or 325 AGREEMENT - 7 borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(B). (C) Workers’ Compensation and Employer’s Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, officers, employees, agents, and volunteers. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds. 12.4 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, officers, employees, agents, and volunteers. All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express 326 AGREEMENT - 8 waivers and insurance clauses from each of its subcontractors. 12.5 Deductibles and Self-Insurance Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 12.6 Subcontractor Insurance Requirements. Contractor shall not allow any subcontractors to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Contractor, the City may approve different scopes or minimum limits of insurance for particular subcontractors. The Contractor and the City shall be named as additional insureds on all subcontractors’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad. 12.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A-:VIII, licensed to do business in California, and satisfactory to the City. 12.8 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 12.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Services under this Agreement. 327 AGREEMENT - 9 13. Indemnification. Contractor shall indemnify, defend, and hold the City, its directors, officers, employees, agents, and volunteers harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of, pertaining or relating to the actual or alleged negligence, recklessness or willful misconduct of Contractor, its employees, subcontractors, or agents, or on account of the performance or character of the services, except for any such claim arising out of the sole negligence or willful misconduct of the City, its officers, employees, agents, or volunteers. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in section 2778 of the California Civil Code. Notwithstanding the foregoing, for any design professional services, the duty to defend and indemnify City shall be limited to that allowed by state law. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 328 AGREEMENT - 10 IN WITNESS WHEREOF, two identical counterparts of this Agreement, consisting of five pages, including this page, each of which counterparts shall for all purposes be deemed an original of this Agreement, have been duly executed by the parties hereinabove named on the day and year first hereinabove written. CITY OF BURLINGAME, a Municipal Corporation By Lisa K. Goldman, City Manager Approved as to form: Michael Guina, City Attorney ATTEST: Meaghan Hassel-Shearer, City Clerk CONTRACTOR By Print Name: Company Name: B and D Excavation and Construction 329 ITEM NO.ITEM DESCRIPTION ESTIMATED QUANTITY UNIT1Mobilization/ Demobilization 1 LS $17,585 $17,585 $17,000 $17,000 $95,000 $95,000 2 Sheeting, Shoring, Bracing 1 LS $15,000 $15,000 $35,000 $35,000 $85,000 $85,0003Construction Staking and Survey 1 LS $9,000 $9,000 $1,700 $1,700 $6,900 $6,900 4 Site Investigation and Potholing 1 LS $7,000 $7,000 $2,500 $2,500 $25,000 $25,0005Dewatering Operations 1 LS $15,000 $15,000 $34,000 $34,000 $25,000 $25,000 6 Sewer Pipe Removal 35 LF $80 $2,800 $150 $5,250 $120 $4,2007Cutoff Wall 208 LF $1,300 $270,400 $1,000 $208,000 $110 $22,880 8 Import Fill and Compaction 3 CY $500 $1,500 $250 $750 $1,200 $3,6009Removal and Disposal of Existing Gravel 20 CY $150 $3,000 $350 $7,000 $250 $5,000 10 Removal and Replacement of Existing Fence 20 LF $100 $2,000 $350 $7,000 $500 $10,00011Concrete Channel Replacement 26 LF $1,000 $26,000 $1,500 $39,000 $5,500 $143,000 $369,285 $357,200 $425,58010% Contingency:$36,929 Total:$406,214 $357,200 $425,580 Engineer's Estimate CITY OF BURLINGAME B & D Excavation and Construction Beals Martin, Inc. EASTON CREEK BERM IMPROVEMENTS AND EL PORTAL CHANNEL REHABILITIATION PROJECTCITY PROJECT NO. 86730 BID SUMMARY S:\A PUBLIC WORKS DIRECTORY\PROJECTS\8027\Bid Summary 6/25/2025, 10:13 AM PAGE 1 OF 1 330 PROJECT LOCATION MAP Easton Creek Berm Improvements and El Portal Channel Rehabilitation City Project No. 86730 331 1 STAFF REPORT AGENDA NO: 9n MEETING DATE: July 7, 2025 To: Honorable Mayor and City Council Date: July 7, 2025 From: Jeremy Kirshner, Assistant to the City Manager – (650) 558-7229 Lisa Goldman, City Manager – (650) 558-7243 Michael Guina, City Attorney – (650) 558-7204 Subject: Adoption of a Resolution Declaring One or Both Parcels Composing Parking Lot H as Surplus Land Pursuant to the Surplus Land Act and Authorizing the City Manager to Prepare, Publish, and Distribute a Notice of Availability for One or Both Parcels RECOMMENDATION Staff recommends that the City Council adopt a Resolution declaring one or both parcels composing parking lot H as surplus land pursuant to the Surplus Land Act; and authorizing the City Manager to prepare, publish, and distribute a notice of availability for one or both parcels. BACKGROUND Earlier this year, the City executed a Tenant Improvement Agreement, Lease Agreement, and Purchase and Sale Agreement for 1440 Chapin Avenue to serve as the City’s new City Hall pursuant to Resolution No. 015-2025. The Purchase price of City Hall will be $34,500,000. In order to finance the purchase of 1440 Chapin, the City will use the General Fund, bonds, and potentially the sale of City owned property. Parking Lot H is located across El Camino Real from Safeway and Walgreens, between Burlingame Avenue and Ralston Avenue. The total square footage of Lot H is 32,922 square feet; however, Lot H is composed of two different parcels. One parcel is 8,500 square feet and zoned R-1 Low Density Residential Zoning (APN No. 028-285-250), and the other lot is 24,422 square feet and zoned R-3 Medium/High Density Residential Zoning (APN No. 028-285-290). The City owns several parking lots in and around Downtown Burlingame. While Parking Lot H is utilized by residents as well as customers and employees of local businesses, it is not frequently as full as other City owned parking lots. Further, while other City owned parking lots are surrounded by commercial properties, Parking Lot H is surrounded by single and multi-family residential properties. On May 19, 2025, the City Council adopted Resolution No. 050-2025, declaring both of the parcels composing Parking Lot H as surplus land and directing the City Manager to sell or lease one or both of the parcels. 332 Surplus Land Act for Parking Lot H July 7, 2025 2 DISCUSSION The Surplus Land Act (SLA) is the State law that governs disposition of publicly owned properties. In order to long-term lease or sell a City-owned property, the City must finish the extensive process described below that will likely take at least one year to complete. The Purchase and Sale Agreement for 1440 Chapin Avenue requires the City to close on the purchase by June 30, 2027. In order to ensure that the SLA process is complete before the City finalizes a purchase, the City should initiate the process as soon as possible. Staff has identified Parking Lot H as a property to consider for the SLA process, for the reasons mentioned above. The statute requires the City to first declare, usually pursuant to a City Council resolution, the parcel(s) as surplus. Thereafter, the City must distribute a Notice of Availability to affordable housing developers, school districts, or open space districts, notifying these entities that the property is available. If one or more of these preferred agencies provides a Notice of Interest in the parcel(s), the City is obligated to enter into good faith negotiations regarding the sale of the property. The City is not obligated to sell the property to any of the preferred agencies for less than fair market value. If the City and an entity that submits a Notice of Interest are not able to reach agreement on the terms of sale of the Property within the time frame specified in the statute, the City is then free to dispose of the parcel(s) on the open market, but the City will be obligated to record a covenant on the property that requires that if more than 10 residential units are constructed on the property, at least 15% must be affordable. Throughout the notice and negotiation process the City is obligated to provide notices to the State Department of Housing and Community Development (HCD), which oversees compliance with the SLA. The SLA process is as follows: 1. Identify sites for disposition and consider the following factors: a. Will the City sell or lease the land? b. What is the fair market value of the land? c. Are any zoning changes required? i. If so, the City must make the determination as to whether the changes are the buyer’s responsibility or if the City will initiate the zoning change? 2. Adopt a Resolution declaring the specified parcel(s) as “Surplus Land.” 3. Prepare a Notice of Availability for HCD to review. 4. Publish and distribute the Notice of Availability to local agencies and housing developers. 5. Receive responses 6. Review responses and negotiate with proposers 7a. If there is a successful negotiation: a. Draft purchase and sale agreement(s), with affordability covenants. b. Submit the Notice of Availability, summary of negotiation process, and covenants to HCD. c. Receive HCD approval d. Approve the agreement 333 Surplus Land Act for Parking Lot H July 7, 2025 3 e. Complete escrow 7b. If negotiations fail: f. Submit the Notice of Availability, summary of negotiations to HCD, and proposed affordable housing covenant. g. Receive HCD approval h. Execute a contract with a broker to list property on the market. i. Market property j. Approve purchase and sale agreement(s). k. Complete escrow It is important to begin the SLA process quickly, as significant notice periods are required by law. The sale of City owned land will allow the City to pay down significant portions of any debts that may be incurred to acquire the new City Hall property. The attached Resolution contains five alternative directions. If the City Council adopts the attached Resolution, the City Council can direct staff to complete the Surplus Land Act process for any of the alternatives: 1. Declare the entirety of Lot H to be surplus land, with the intention of selling both parcels composing Parking Lot H through a single transaction. 2. Declare the entirety of Lot H to be surplus land, with the intention of selling each parcel composing Parking Lot H separately. 3. Declare the entirety of Lot H to be surplus land, with the intention of allowing a buyer to purchase both parcels composing Parking Lot H through a single transaction or allowing a single or multiple buyers to purchase each parcel separately. 4. Declare APN No. 028-285-250 to be surplus land, with the intention of selling only APN No. 028-285-250. 5. Declare APN No. 028-285-290 to be surplus land, with the intention of selling only APN No. 028-285-290. While the City Council previously directed the City Manager to sell or lease one or both of the parcels that compose Lot H, upon additional advice from the City’s Surplus Land Act consultants, staff now recommends that the City Council adopt a Resolution only authorizing the sale of one or both parcels. FISCAL IMPACT The Surplus Land Act itself does not require the expenditure of any City funds. If the City sells one or both of the parcels composing Parking Lot H, the funds may be utilized to either lessen the debt required to pay for 1440 Chapin Avenue or pay off debt that is acquired to pay for 1440 Chapin Avenue. Exhibit: Resolution 334 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME DECLARING ONE OR BOTH PARCELS COMPOSING PARKING LOT H AS SURPLUS LAND PURSUANT TO THE SURPLUS LAND ACT AND AUTHORIZING THE CITY MANAGER TO PREPARE, PUBLISH, AND DISTRIBUTE A NOTICE OF AVAILABILITY FOR ONE OR BOTH PARCELS WHEREAS, on February 24, 2025, the City executed a Tenant Improvement Agreement, Lease Agreement, and Purchase and Sale Agreement for 1440 Chapin Avenue to serve as the City’s new City Hall pursuant to Resolution No. 015-2025; and WHEREAS, in order to finance the $34,500,000 purchase of the new City Hall, the City will use the General Fund, bonds, and the sale of City owned property; and WHEREAS, the sale of City owned property will either require the City to take on less debt to finance the purchase of 1440 Chapin Avenue or allow the City to pay off a portion of the debt the City will acquire to finance the purchase of 1440 Chapin Avenue; and WHEREAS, Parking Lot H is located across El Camino from Downtown Burlingame and is not generally as full as other parking lots located in and around Downtown Burlingame; and WHEREAS, Parking Lot H is 32,922 square feet, but it is composed of two separate parcels; and WHEREAS, APN No. 028-285-250 is 8,500 square feet and zoned R-1 Low Density Residential; and WHEREAS, APN No. 028-285-290 is 24,422 square feet and zoned R-3 Medium/High Density Residential; and WHEREAS, before the City can sell either or both of the parcels composing Parking Lot H, the Surplus Land Act (Cal. Gov’t. Code Section 54220 et seq.) requires the City to adopt a Resolution declaring the land surplus and then requires the City to prepare a Notice of Availability for the California Department of Housing and Community Development (HCD) to review, before publishing and distributing the Notice of Availability to local agencies and housing developers; and WHEREAS, on May 19, 2025, the City Council adopted Resolution No. 050-2025, which directed the City Manager to prepare, publish, and distribute a notice of availability for the lease or sale of one or both of the parcels composing Parking Lot H; and WHEREAS, staff received additional advice from the City’s Surplus Land Act consultants, who recommend that the City only authorize the sale of one or both of the parcels composing Parking Lot H. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME RESOLVES AS FOLLOWS: 1. The City Council hereby directs the City Manager to complete one of the following courses of action: a. Declare the entirety of Lot H to be surplus land, with the intention of selling both parcels composing Parking Lot H through a single transaction. 335 b. Declare the entirety of Lot H to be surplus land, with the intention of selling each parcel composing Parking Lot H separately. c. Declare the entirety of Lot H to be surplus land, with the intention of allowing a buyer to purchase both parcels composing Parking Lot H through a single transaction or allowing a single or multiple buyers to purchase each parcel separately. d. Declare APN No. 028-285-250 to be surplus land, with the intention of selling only APN No. 028-285-250. e. Declare APN No. 028-285-290 to be surplus land, with the intention of selling only APN No. 028-285-290. 2. The City Council hereby directs the City Manager to provide this Resolution to HCD, along with a Notice of Availability for the above parcel(s). Upon approval by HCD, the City Manager is hereby authorized to publish and distribute the Notice of Availability. ____________________________ Peter Stevenson, 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 7th day of July, 2025, and was adopted thereafter by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ____________________________ Meaghan Hassel-Shearer, City Clerk 336 1 STAFF REPORT AGENDA ITEM NO: 9o MEETING DATE: July 7th, 2025 To: Honorable Mayor and City Council Date: July 7, 2025 From: Robert Boll, Interim Chief of Police – (650) 777-4177 Subject Adoption of a Resolution Approving and Authorizing the City Manager to Exercise the Option to Extend the Agreement with Caine Computer Consulting, LLC, to Provide Information Technology Services to the Police Department for Fiscal Years 2025-26 and 2026-27 for a Total of $269,794 RECOMMENDATION Staff recommends that the City Council adopt the attached resolution authorizing the City Manager to exercise the option to extend the current agreement with Caine Computer Consulting, LLC. This extension includes a 2% cost increase and will provide information technology services to the Police Department for Fiscal Years 2025-26 and 2026-27, at a total cost of $269,794. BACKGROUND The Police Department has utilized Caine Computer Consulting, LLC, for its technology services since 2008. The current agreement, originally set to expire on June 30, 2025, includes an option for extension through June 30, 2027. DISCUSSION Following a thorough evaluation, staff recommends exercising the option to extend the agreement with Caine Computer Consulting, LLC. through June 30, 2027. Caine Computer Consulting, LLC, consistently delivers high-quality service to the Burlingame Police Department due to several key factors: Specialized Knowledge: Deep understanding of both the City's internal systems and those used across San Mateo County. Law Enforcement Expertise: Extensive experience and knowledge in managing sensitive law enforcement application systems. Exceptional Responsiveness: Ability to provide 24/7/365 support services. Cost Efficiency: Competitive pricing for their services. The agreement encompasses, but is not limited to, the following IT management services: network and computer system administration and backup, website administration, project management, computer software management, email system management, telephone system 337 Caine Computer Consulting Agreement July 7, 2025 2 management, communications project management, and related oversight duties. Caine Computer Consulting, LLC, also provides computer training and education for employees and assists with other related projects within the City as needed. If approved, the agreement extension will be effective from July 1, 2025, through June 30, 2027. FISCAL IMPACT The total cost for this two-year agreement extension is $269,794, equating to $134,897 per fiscal year. Funds for the first year of this extension (FY 2025-26) have been allocated within the Police Department’s proposed General Fund budget. Exhibits: Resolution Original Agreement (FY 2021-22 through FY 2022-23) with Caine Computer Consulting, LLC Extension Agreement (FY 2023-24 through FY 2024-25) with Caine Computer Consulting, LLC Extension Agreement (FY 2025-26 through FY 2026-27) with Caine Computer Consulting, LLC 338 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE CITY MANAGER TO EXERCISE THE OPTION TO EXTEND THE AGREEMENT WITH CAINE COMPUTER CONSULTING, LLC, FOR INFORMATION TECHNOLOGY SERVICES TO THE POLICE DEPARTMENT FOR FISCAL YEARS 2025-26 AND 2026-27 WHEREAS, since 2008, the Burlingame Police Department has utilized Caine Computer Consulting, LLC, for its essential information technology services; and WHEREAS, the current agreement with Caine Computer Consulting, LLC, is set to expire on June 30, 2025, and includes an option to extend the agreement through June 30, 2027; and WHEREAS, City staff has conducted a thorough evaluation of Caine Computer Consulting, LLC's services and performance, noting their specialized knowledge of City and San Mateo County systems, extensive expertise in law enforcement application systems, exceptional 24/7/365 responsiveness, and cost-efficient service delivery; and WHEREAS, the proposed extension will ensure the continued provision of critical IT management services to the Police Department, including but not limited to network and computer system administration and backup, website administration, project management, computer software management, email and telephone system management, communications project management, computer training, and other related duties; and WHEREAS, the extended agreement will be effective from July 1, 2025, through June 30, 2027; and WHEREAS, the total cost for this two-year agreement extension is $269,794, which includes a 2% cost increase, equating to an annual cost of $134,897 per fiscal year; and WHEREAS, funds for the first year of this extension (Fiscal Year 2025-26) have been allocated within the Police Department’s proposed General Fund budget. NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF BURLINGAME HEREBY RESOLVES AS FOLLOWS: 1. The City Manager is hereby authorized to exercise the option to extend the agreement with Caine Computer Consulting, LLC, to provide information technology services to the Police Department for Fiscal Years 2025-26 and 2026-27. 2. The total cost of this extended agreement shall not exceed $269,794. 3. The City Manager is further authorized to execute all necessary documents to implement this extension, subject to review and approval by the City Attorney. 339 ______________________________ Peter Stevenson, Mayor I, Meaghan Hassel-Shearer, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council held on the 7th day of July, 2025, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ______________________________ Meaghan Hassel-Shearer, City Clerk 340 Form 8.2 CONTRACT – CAINE COMPUTER CONSULTING, LLC CITY OF BURLINGAME DocuSign Envelope ID: C3654092-C027-47F5-8925-98A2E54FCA62 341 AGREEMENT FOR PROFESSIONAL SERVICES This Agreement for Professional Services (the "Agreement"), originally effective May 1, 2008, and amended to extend the term, is by and between The City of Burlingame, with its principal office in Burlingame, California (hereinafter Client"), and Caine Computer Consulting, LLC, corporation, with its principal office in Redwood City, California, (hereinafter the Company"). WHEREAS, Client finds that the Company is willing to perform certain work hereinafter described in accordance with the provisions of this Agreement; and WHEREAS, Client finds that the Company is qualified to perform the work, all relevant factors considered, and that such performance will be in furtherance of Client's business. WHEREAS, Company will provides services both onsite and remotely at Company’s place of business as the need arises. NOW, THEREFORE, in consideration of the mutual covenants set forth herein and intending to be legally bound, the parties hereto agree as follows: 1. SERVICES. 1.1 Effective Date and Term. This Agreement is effective as of July 1, 2021. The term of this agreement is from the Effective Date until June 30, 2023 unless otherwise extended. However, at the sole option of the Client, this Agreement may be extended for up to two additional years, or terminated pursuant to the provisions hereof. 1.2 Services to Client. The Company shall provide the following ("Services") to Client: Network/ Computer System Administration Website Administration Project Management Computer Software Management, including but not limited to, the Sunridge Systems software Email System Management Telephone System Management Communications Dispatching Communications Supervision as necessary Training and Computer Education to employees City Projects as needed New Projects and responsibilities can be added to the above list if mutually agreed upon by the parties. Company agrees to provide consulting services, such as discussing available options, troubleshooting, recommending solutions and working with employee and equipment vendors as needed. Client will be responsible for all hardware components. If hardware repair and support is needed, Client agrees to pay for contractor parts and services. Cabling will be performed by cabling contractors approved jointly by Client and Company and paid for by Client. Company will work with the equipment vendors to troubleshoot issues and replace components under warranty. Any purchases made will conform to Client's purchasing policies and procedures. Company will provide support for DocuSign Envelope ID: C3654092-C027-47F5-8925-98A2E54FCA62 342 2 workstation software, including the initial installation, re-installation, software upgrades/patches and configuration changes requested by Client. Company support for service software includes the initial installation, re-installation, software upgrades/patches and on-going monitoring of system processes which include daily backup, logs, alarms and alerts. Software loaded on servers and workstations must be approved by Company. Client will pay for any technical support contracts for third-party software. Company employee(s) will report directly to the Administrative Commander, a Police Department employee, or his/her designee. Company agrees to keep the Administrative Commander or his/her designee informed of work performed, and upon request, will provide an accounting of work done on projects. Client will be responsible for purchasing and upgrading software licenses. Company will provide services both on site and remotely in order to maintain the integrity of the Client's computer systems. If more than two hours work is required to be done after normal business hours (0800-1700) due to an emergency or other after-hours need on any one day, that work may be invoiced in addition to the contract amount, at a rate 65.00 per hour or another amount which has been mutually agreed upon by both parties. In an emergency, Company shall perform the work required to secure Client’s systems and, if feasible, maintain operational status. For emergency work, no pre-authorization by Client is required to perform the minimum work necessary as described above. For pre- scheduled after hours work or for work beyond the minimum necessary in an emergency, authorization from Client is required before additional work and financial obligations may be incurred under this Paragraph. If both parties agree, normal business hours can be adjusted to meet the needs of both. Company agrees to be available 24 hours a day, 7 days a week by providing home telephone, business telephone and cellular telephone numbers unless notice has been given otherwise to Client. If Company will not be available, Company will provide a list of alternative support options for Client to call in the event of emergency. 2. PAYMENT AND INVOICING TERMS. 2.1 Payment for Services. The Company will be paid as follows: 256,800 for two years to be paid monthly at the rate of $10,700.00 per month. Additional payment for specific projects may be negotiated separately and payment may be by hour or by project as mutually agreed upon. Any such modification of the payment terms must be agreed to in writing by the parties. 2.2 Reimbursable Costs. Client shall reimburse the Company direct costs incurred in connection with the Services rendered. Reimbursable costs include, but are not limited to, travel costs, subcontractors, materials and computer costs, copies, delivery, etc. that are necessary to a project or Service (the "Reimbursable Costs"). Travel costs are defined as air travel, lodging, meals and incidentals, ground transportation, tools, and all costs associated with travel. All travel expenses must receive Client's approval. The Company shall provide to Client substantiation of Reimbursable Costs incurred. Client will provide all equipment and software necessary for the fulfillment of this contract, at no cost to Company. DocuSign Envelope ID: C3654092-C027-47F5-8925-98A2E54FCA62 343 3 2.3 Invoicing. a) Invoices will submitted monthly by the Company for payment by Client. Payment is due upon receipt and is past due thirty (30) business days from receipt of invoice. If Client has any valid reason for disputing any portion of an invoice, Client will so notify the Company within seven (7) calendar days of receipt of invoice by Client, and if no such notification is given, the invoice will be deemed valid. The portion of the Company's invoice that is not in dispute shall be paid in accordance with the procedures set forth herein. If payment of invoices is not current, the Company may suspend performing further work. 3. CHANGES. Client may, with the approval of the Company, issue written directions within the general scope of any Services to be ordered. Such changes (the "Change Order") may be for additional work or the Company may be directed to change the direction of the work covered by the Task Order, but no change will be allowed unless agreed to by the Company in writing. 4. STANDARD OF CARE. 4.1 The Company warrants that its services shall be performed by personnel possessing competency consistent with applicable industry standards. No other representation, express or implied, and no warranty or guarantee are included or intended in this Agreement, or in any report, opinion, deliverable, work product, document or otherwise. Furthermore, no guarantee is made as to the efficacy or value of any services performed or software developed. This Section sets forth the only warranties provided by the company concerning the services and related work product. This warranty is made expressly in lieu of all other warranties, express or implied, including without limitation any implied warranties of fitness for a particular purpose, merchantability, non-infringement, title or otherwise. 4.2 Confidentiality. Company acknowledges that in the course of providing services to Client under this Agreement, it may encounter confidential information such as internal communications, investigatory records, etc. Company agrees not to discuss, disseminate, or fail to preserve as confidential any such information it accesses and that it shall use its best commercially reasonable efforts to preserve the confidentiality of all Client information. Company further agrees to notify Client promptly of any actual or possible breaches, accidental or otherwise, of confidential Client information and take all reasonable steps to cure any such breach. 5. LIABILITY. 5.1 Limitation. Company will provide a Liability and Errors and Omissions insurance policy in the amount of $1,000,000. Company shall also provide certificates of and endorsements for general liability coverage in the amount of $1,000,000 per occurrence, $2,000,000 aggregate, as well as automobile insurance in the amount of 1,000,000 and workers’ compensation insurance in the amount of $1,000,000 or as required by law. Client shall be named as additional insured on the above insurance, which shall be primary as to Client. Company is required to provide evidence of and endorsements for such insurance prior to undertaking any work on Client’s premises, and shall provide continuing coverage throughout the term of this Agreement. Failure to maintain such insurance shall be deemed a breach of this Agreement and Client may terminate this Agreement under the provisions of Paragraph 6.14. The DocuSign Envelope ID: C3654092-C027-47F5-8925-98A2E54FCA62 344 4 Company's liability for any losses, injury or damages to Client arising out of or in connection with this Agreement, shall be limited to the amount of the policy. Client agrees to limit the Company's liability to Client for any damage on account of any error, omission or negligence to a sum not to exceed the amount of the insurance policy. The limitation of liability set forth herein is for any and all matters for which the Company may otherwise have liability arising out of or in connection with this Agreement, whether the claim arises in contract, tort, statute, or otherwise. 5.2 Remedy. Client shall notify Company in writing of any claim arising out of or relating to this Agreement or any material defect in or failure of services provided by Company as provided in this Agreement , whereupon Company shall (i) use commercially reasonable efforts to cure, at its expense, the matter that gave rise to the claim for which the Company is at fault, or, if such cure is not possible, (ii) return to Client the fees paid by Client to the Company for the particular service provided that gives rise to the claim.. 5.3 Indemnification. Company shall indemnify, defend, and hold Client, 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. 5.4 Survival. Articles 2, 4, 5, and 6 survive the expiration or termination of this Agreement for any reason. 6. MISCELLANEOUS. Company may consult with other Vendors as needed and Client agrees to pay the costs thereof, provided that Company shall not share confidential Client information with such outside parties unless specifically approved to do so by Client All expenditures will be agreed upon before such consultation is sought. 6.1 Insecurity and Adequate Assurances. If reasonable grounds for insecurity arise with respect to Client's ability to pay for the Services in a timely fashion, the Company may demand in writing adequate assurances of Client's ability to meet its payment obligations under this Agreement. Unless Client provides the assurances in a reasonable time and manner acceptable to the Company, in addition to any other rights and remedies available, Company may partially or totally suspend its performance while awaiting assurances, without any liability. 6.2 Severability. Should any part of this Agreement for any reason be declared invalid, such decision shall not affect the validity of any remaining provisions, which remaining provisions shall remain in full force and effect as if this Agreement had been executed with the invalid portion thereof DocuSign Envelope ID: C3654092-C027-47F5-8925-98A2E54FCA62 345 5 eliminated, and it is hereby declared the intention of the parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions which may, for any reason, be hereafter declared invalid. Any provision shall nevertheless remain in full force and effect in all other circumstances. 6.3 Modification and Waiver. Waiver of breach of this Agreement by either party shall not be considered a waiver of any other subsequent breach. 6.4 Independent Contractor. The Company is an independent contractor. No employment relationship or joint venture is intended or created by this Agreement. . 6.5 Notices. Client shall give the Company written notice within one hundred eighty (180) days of obtaining knowledge of the occurrence of any claim or cause of action which Client believes that it has, or may seek to assert or allege, against the Company, whether such claim is based in law or equity, arising under or related to this Agreement or to the transactions contemplated hereby, or any act or omission to act by the Company with respect hereto. All notices or other communications hereunder shall be in writing, sent by courier or the fastest possible means, provided that recipient receives a manually signed copy and the transmission method is scheduled to deliver within 48 hours, and shall be deemed given when delivered to the address specified below or such other address as may be specified in a written notice in accordance with this Section. Any party may, by notice given in accordance with this Section to the other parties, designate another address or person or entity for receipt of notices hereunder. We need to insert to whom notices should be given here, both with Company and within the PD. Likely the Chief but it could be anyone you designate, recommended with a cc in case that person is out> 6.6 Assignment. This Agreement is not assignable or transferable by either party without written consent of the other party,. 6.7 Disputes. The Company and Client recognize that disputes arising under this Agreement are best resolved at the working level by the parties directly involved. . Failing resolution of conflicts at the organizational level, the Company and Client agree that any remaining conflicts arising out of or relating to this Contract may be submitted to nonbinding mediation on mutually acceptable terms. Either party may request such mediation by written notice to the other. Failure to act on an alleged breach of this Agreement during proposed or pending mediation shall not be deemed a waiver of any arguments or claims relating to that breach. . If the dispute is not resolved through non-binding mediation, then the parties may take other appropriate action subject to the other terms of this Agreement. 6.8 Section Headings. Title and headings of sections of this Agreement are for convenience of reference only and shall not affect the construction of any provision of this Agreement. 6.9 Representations; Counterparts. Each person executing this Agreement on behalf of a party hereto represents and warrants that such person is duly and validly authorized to do so on behalf of such party, with full right and authority to execute this Agreement and to bind such party with respect to all of its obligations hereunder. This Agreement may be executed (by original or telecopied signature) in counterparts, each of which shall be deemed an original, but all of which taken together shall constitute but one and the same instrument. DocuSign Envelope ID: C3654092-C027-47F5-8925-98A2E54FCA62 346 6 6.10 Residuals. Nothing in this Agreement or elsewhere will prohibit or limit the Company's ownership and use of ideas, concepts, know-how, methods, models, techniques, skill knowledge and experience that were used, developed or gained in connection with this Agreement. The Client shall have the right to use all data collected or generated under this Agreement. 6.11 Cooperation. Client will cooperate with the Company in taking actions and executing documents, as appropriate, to achieve the objectives of this Agreement. Client agrees that the Company's performance is dependent on Client's timely and effective cooperation with the Company. Accordingly, Client acknowledges that any delay by Client may result in the Company being released from an obligation or scheduled deadline or in Client having to pay extra fees for the Company's agreement to meet a specific obligation or deadline despite the delay. 6.12 Governing Law and Construction; Venue. This Agreement will be governed by and construed in accordance with the laws of California, without regard to the principles of conflicts of law. The language of this Agreement shall be deemed to be the result of negotiation among the parties and their respective counsel and shall not be construed strictly for or against any party. Venue for any disputes arising out of this Agreement that cannot be resolved informally shall be in the Superior Court for the County of San Mateo, California. 6.14 Termination of Contract. This contract may be terminated upon written notice delivered by either Client or Company not less than Ninety (90) days prior to the termination date. However, Company shall have no rights to compensation for work performed outside of the contracted term as provided in Paragraph 1.1. Client shall have the right to terminate the contract at any time if, in its determination, Company has failed to adequately cure claims or defects for which notice has been provided under Paragraph 5.2 or maintain insurance for the benefit of Client as provided in Paragraph 5.1. Notice of termination shall be provided in writing and shall be deemed received Upon such termination, Company shall be entitled to compensation for all work performed prior to 6.15 Entire Agreement; Survival. This Agreement, including any Exhibits, states the entire Agreement between the parties and supersedes all previous contracts, proposals, oral or written, and all other communications between the parties respecting the subject matter hereof, and supersedes any and all prior understandings, representations, warranties, agreements or contracts (whether oral or written) between Client and the Company respecting the subject matter hereof. This Agreement may only be amended by an agreement in writing executed by the parties hereto. This agreement will remain in force for one year from the date of signing and can be renewed under mutual agreement of both parties. 6.13 Force Majeure. The Company shall not be responsible for delays or failures including any delay by the Company to make progress in the prosecution of any Services) if such delay arises out of causes beyond its control. Such causes may include, but are not restricted to, acts of God or of the public enemy, fires, floods, epidemics, riots, quarantine restrictions, strikes, freight embargoes, earthquakes, electrical outages, computer or communications failures, and severe weather, and acts or omissions of subcontractors or third parties. DocuSign Envelope ID: C3654092-C027-47F5-8925-98A2E54FCA62 347 7 6.14 Use By Third Parties. Work performed by the Company pursuant to this Agreement is only for the purpose intended and may be misleading if used in another context. Client agrees not to use any documents produced under this Agreement for anything other than the intended purpose without the Company's written permission. This Agreement shall, therefore, not create any rights or benefits to parties other than to Client and the Company. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CITY OF BURLINGAME A municipal corporation By: City Manager - Lisa K. Goldman Approved as to form: City Attorney - Michael Guina Attest: City Clerk - Meaghan Hassel-Shearer COMPANY By: Caine Computer Consulting, LLC Print Name: Title: Date: DocuSign Envelope ID: C3654092-C027-47F5-8925-98A2E54FCA62 Ronda Caine Alcantara 6/24/2021 Owner 348 DocuSign Envelope ID: C3654092-C027-47F5-8925-98A2E54FCA62 349 Form 8.2 CONTRACT – CAINE COMPUTER CONSULTING, LLC CITY OF BURLINGAME 350 AGREEMENT FOR PROFESSIONAL SERVICES This Agreement for Professional Services (the "Agreement"), originally effective May 1, 2008, and amended to extend the term, is by and between The City of Burlingame, with its principal office in Burlingame, California (hereinafter "Client"), and Caine Computer Consulting, LLC, corporation, with its principal office in Redwood City, California, (hereinafter the "Company"). WHEREAS, Client finds that the Company is willing to perform certain work hereinafter described in accordance with the provisions of this Agreement; and WHEREAS, Client finds that the Company is qualified to perform the work, all relevant factors considered, and that such performance will be in furtherance of Client's business. WHEREAS, Company will provides services both onsite and remotely at Company’s place of business as the need arises. NOW, THEREFORE, in consideration of the mutual covenants set forth herein and intending to be legally bound, the parties hereto agree as follows: 1. SERVICES. 1.1 Effective Date and Term. This Agreement is effective as of July 1, 2023. The term of this agreement is from the Effective Date until June 30, 2025 unless otherwise extended. However, at the sole option of the Client, this Agreement may be extended for up to two additional years, or terminated pursuant to the provisions hereof. 1.2 Services to Client. The Company shall provide the following ("Services") to Client: Network/ Computer System Administration Website Administration Project Management Computer Software Management, including but not limited to, the Sunridge Systems software Email System Management Telephone System Management Communications Dispatching Communications Supervision as necessary Training and Computer Education to employees City Projects as needed New Projects and responsibilities can be added to the above list if mutually agreed upon by the parties. Company agrees to provide consulting services, such as discussing available options, troubleshooting, recommending solutions and working with employee and equipment vendors as needed. Client will be responsible for all hardware components. If hardware repair and support is needed, Client agrees to pay for contractor parts and services. Cabling will be performed by cabling contractors approved jointly by Client and Company and paid for by Client. Company will work with the equipment vendors to troubleshoot issues and replace components under warranty. Any purchases made will conform to Client's purchasing policies and procedures. Company will provide support for 351 2 workstation software, including the initial installation, re-installation, software upgrades/patches and configuration changes requested by Client. Company support for service software includes the initial installation, re-installation, software upgrades/patches and on-going monitoring of system processes which include daily backup, logs, alarms and alerts. Software loaded on servers and workstations must be approved by Company. Client will pay for any technical support contracts for third-party software. Company employee(s) will report directly to the Administrative Commander, a Police Department employee, or his/her designee. Company agrees to keep the Administrative Commander or his/her designee informed of work performed, and upon request, will provide an accounting of work done on projects. Client will be responsible for purchasing and upgrading software licenses. Company will provide services both on site and remotely in order to maintain the integrity of the Client's computer systems. If more than two hours work is required to be done after normal business hours (0800-1700) due to an emergency or other after-hours need on any one day, that work may be invoiced in addition to the contract amount, at a rate $65.00 per hour or another amount which has been mutually agreed upon by both parties. In an emergency, Company shall perform the work required to secure Client’s systems and, if feasible, maintain operational status. For emergency work, no pre-authorization by Client is required to perform the minimum work necessary as described above. For pre- scheduled after hours work or for work beyond the minimum necessary in an emergency, authorization from Client is required before additional work and financial obligations may be incurred under this Paragraph. If both parties agree, normal business hours can be adjusted to meet the needs of both. Company agrees to be available 24 hours a day, 7 days a week by providing home telephone, business telephone and cellular telephone numbers unless notice has been given otherwise to Client. If Company will not be available, Company will provide a list of alternative support options for Client to call in the event of emergency. 2. PAYMENT AND INVOICING TERMS. 2.1 Payment for Services. The Company will be paid as follows: $264,504.00 for two years to be paid monthly at the rate of $11,021.00 per month. Additional payment for specific projects may be negotiated separately and payment may be by hour or by project as mutually agreed upon. Any such modification of the payment terms must be agreed to in writing by the parties. 2.2 Reimbursable Costs. Client shall reimburse the Company direct costs incurred in connection with the Services rendered. Reimbursable costs include, but are not limited to, travel costs, subcontractors, materials and computer costs, copies, delivery, etc. that are necessary to a project or Service (the "Reimbursable Costs"). Travel costs are defined as air travel, lodging, meals and incidentals, ground transportation, tools, and all costs associated with travel. All travel expenses must receive Client's approval. The Company shall provide to Client substantiation of Reimbursable Costs incurred. Client will provide all equipment and software necessary for the fulfillment of this contract, at no cost to Company. 352 3 2.3 Invoicing. (a) Invoices will submitted monthly by the Company for payment by Client. Payment is due upon receipt and is past due thirty (30) business days from receipt of invoice. If Client has any valid reason for disputing any portion of an invoice, Client will so notify the Company within seven (7) calendar days of receipt of invoice by Client, and if no such notification is given, the invoice will be deemed valid. The portion of the Company's invoice that is not in dispute shall be paid in accordance with the procedures set forth herein. If payment of invoices is not current, the Company may suspend performing further work. 3. CHANGES. Client may, with the approval of the Company, issue written directions within the general scope of any Services to be ordered. Such changes (the "Change Order") may be for additional work or the Company may be directed to change the direction of the work covered by the Task Order, but no change will be allowed unless agreed to by the Company in writing. 4. STANDARD OF CARE. 4.1 The Company warrants that its services shall be performed by personnel possessing competency consistent with applicable industry standards. No other representation, express or implied, and no warranty or guarantee are included or intended in this Agreement, or in any report, opinion, deliverable, work product, document or otherwise. Furthermore, no guarantee is made as to the efficacy or value of any services performed or software developed. This Section sets forth the only warranties provided by the company concerning the services and related work product. This warranty is made expressly in lieu of all other warranties, express or implied, including without limitation any implied warranties of fitness for a particular purpose, merchantability, non-infringement, title or otherwise. 4.2 Confidentiality. Company acknowledges that in the course of providing services to Client under this Agreement, it may encounter confidential information such as internal communications, investigatory records, etc. Company agrees not to discuss, disseminate, or fail to preserve as confidential any such information it accesses and that it shall use its best commercially reasonable efforts to preserve the confidentiality of all Client information. Company further agrees to notify Client promptly of any actual or possible breaches, accidental or otherwise, of confidential Client information and take all reasonable steps to cure any such breach. 5. LIABILITY. 5.1 Limitation. Company will provide a Liability and Errors and Omissions insurance policy in the amount of $1,000,000. Company shall also provide certificates of and endorsements for general liability coverage in the amount of $1,000,000 per occurrence, $2,000,000 aggregate, as well as automobile insurance in the amount of $1,000,000 and workers’ compensation insurance in the amount of $1,000,000 or as required by law. Client shall be named as additional insured on the above insurance, which shall be primary as to Client. Company is required to provide evidence of and endorsements for such insurance prior to undertaking any work on Client’s premises, and shall provide continuing coverage throughout the term of this Agreement. Failure to maintain such insurance shall be deemed a breach of this Agreement and Client may terminate this Agreement under the provisions of Paragraph 6.14. The 353 4 Company's liability for any losses, injury or damages to Client arising out of or in connection with this Agreement, shall be limited to the amount of the policy. Client agrees to limit the Company's liability to Client for any damage on account of any error, omission or negligence to a sum not to exceed the amount of the insurance policy. The limitation of liability set forth herein is for any and all matters for which the Company may otherwise have liability arising out of or in connection with this Agreement, whether the claim arises in contract, tort, statute, or otherwise. 5.2 Remedy. Client shall notify Company in writing of any claim arising out of or relating to this Agreement or any material defect in or failure of services provided by Company as provided in this Agreement , whereupon Company shall (i) use commercially reasonable efforts to cure, at its expense, the matter that gave rise to the claim for which the Company is at fault, or, if such cure is not possible, (ii) return to Client the fees paid by Client to the Company for the particular service provided that gives rise to the claim.. 5.3 Indemnification. Company shall indemnify, defend, and hold Client, 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. 5.4 Survival. Articles 2, 4, 5, and 6 survive the expiration or termination of this Agreement for any reason. 6. MISCELLANEOUS. Company may consult with other Vendors as needed and Client agrees to pay the costs thereof, provided that Company shall not share confidential Client information with such outside parties unless specifically approved to do so by Client All expenditures will be agreed upon before such consultation is sought. 6.1 Insecurity and Adequate Assurances. If reasonable grounds for insecurity arise with respect to Client's ability to pay for the Services in a timely fashion, the Company may demand in writing adequate assurances of Client's ability to meet its payment obligations under this Agreement. Unless Client provides the assurances in a reasonable time and manner acceptable to the Company, in addition to any other rights and remedies available, Company may partially or totally suspend its performance while awaiting assurances, without any liability. 6.2 Severability. Should any part of this Agreement for any reason be declared invalid, such decision shall not affect the validity of any remaining provisions, which remaining provisions shall remain in full force and effect as if this Agreement had been executed with the invalid portion thereof 354 5 eliminated, and it is hereby declared the intention of the parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions which may, for any reason, be hereafter declared invalid. Any provision shall nevertheless remain in full force and effect in all other circumstances. 6.3 Modification and Waiver. Waiver of breach of this Agreement by either party shall not be considered a waiver of any other subsequent breach. 6.4 Independent Contractor. The Company is an independent contractor. No employment relationship or joint venture is intended or created by this Agreement. . 6.5 Notices. Client shall give the Company written notice within one hundred eighty (180) days of obtaining knowledge of the occurrence of any claim or cause of action which Client believes that it has, or may seek to assert or allege, against the Company, whether such claim is based in law or equity, arising under or related to this Agreement or to the transactions contemplated hereby, or any act or omission to act by the Company with respect hereto. All notices or other communications hereunder shall be in writing, sent by courier or the fastest possible means, provided that recipient receives a manually signed copy and the transmission method is scheduled to deliver within 48 hours, and shall be deemed given when delivered to the address specified below or such other address as may be specified in a written notice in accordance with this Section. Any party may, by notice given in accordance with this Section to the other parties, designate another address or person or entity for receipt of notices hereunder. 6.6 Assignment. This Agreement is not assignable or transferable by either party without written consent of the other party,. 6.7 Disputes. The Company and Client recognize that disputes arising under this Agreement are best resolved at the working level by the parties directly involved. . Failing resolution of conflicts at the organizational level, the Company and Client agree that any remaining conflicts arising out of or relating to this Contract may be submitted to nonbinding mediation on mutually acceptable terms. Either party may request such mediation by written notice to the other. Failure to act on an alleged breach of this Agreement during proposed or pending mediation shall not be deemed a waiver of any arguments or claims relating to that breach. . If the dispute is not resolved through non-binding mediation, then the parties may take other appropriate action subject to the other terms of this Agreement. 6.8 Section Headings. Title and headings of sections of this Agreement are for convenience of reference only and shall not affect the construction of any provision of this Agreement. 6.9 Representations; Counterparts. Each person executing this Agreement on behalf of a party hereto represents and warrants that such person is duly and validly authorized to do so on behalf of such party, with full right and authority to execute this Agreement and to bind such party with respect to all of its obligations hereunder. This Agreement may be executed (by original or telecopied signature) in counterparts, each of which shall be deemed an original, but all of which taken together shall constitute but one and the same instrument. 6.10 Residuals. Nothing in this Agreement or elsewhere will prohibit or limit the Company's ownership and use of ideas, concepts, know-how, methods, models, techniques, skill knowledge and experience that were used, developed or gained in 355 6 connection with this Agreement. The Client shall have the right to use all data collected or generated under this Agreement. 6.11 Cooperation. Client will cooperate with the Company in taking actions and executing documents, as appropriate, to achieve the objectives of this Agreement. Client agrees that the Company's performance is dependent on Client's timely and effective cooperation with the Company. Accordingly, Client acknowledges that any delay by Client may result in the Company being released from an obligation or scheduled deadline or in Client having to pay extra fees for the Company's agreement to meet a specific obligation or deadline despite the delay. 6.12 Governing Law and Construction; Venue. This Agreement will be governed by and construed in accordance with the laws of California, without regard to the principles of conflicts of law. The language of this Agreement shall be deemed to be the result of negotiation among the parties and their respective counsel and shall not be construed strictly for or against any party. Venue for any disputes arising out of this Agreement that cannot be resolved informally shall be in the Superior Court for the County of San Mateo, California. 6.14 Termination of Contract. This contract may be terminated upon written notice delivered by either Client or Company not less than Ninety (90) days prior to the termination date. However, Company shall have no rights to compensation for work performed outside of the contracted term as provided in Paragraph 1.1. Client shall have the right to terminate the contract at any time if, in its determination, Company has failed to adequately cure claims or defects for which notice has been provided under Paragraph 5.2 or maintain insurance for the benefit of Client as provided in Paragraph 5.1. Notice of termination shall be provided in writing and shall be deemed received Upon such termination, Company shall be entitled to compensation for all work performed prior to 6.15 Entire Agreement; Survival. This Agreement, including any Exhibits, states the entire Agreement between the parties and supersedes all previous contracts, proposals, oral or written, and all other communications between the parties respecting the subject matter hereof, and supersedes any and all prior understandings, representations, warranties, agreements or contracts (whether oral or written) between Client and the Company respecting the subject matter hereof. This Agreement may only be amended by an agreement in writing executed by the parties hereto. This agreement will remain in force for one year from the date of signing and can be renewed under mutual agreement of both parties. 6.13 Force Majeure. The Company shall not be responsible for delays or failures (including any delay by the Company to make progress in the prosecution of any Services) if such delay arises out of causes beyond its control. Such causes may include, but are not restricted to, acts of God or of the public enemy, fires, floods, epidemics, riots, quarantine restrictions, strikes, freight embargoes, earthquakes, electrical outages, computer or communications failures, and severe weather, and acts or omissions of subcontractors or third parties. 6.14 Use By Third Parties. Work performed by the Company pursuant to this Agreement is only for the purpose intended and may be misleading if used in another context. Client agrees not to use any documents produced 356 7 under this Agreement for anything other than the intended purpose without the Company's written permission. This Agreement shall, therefore, not create any rights or benefits to parties other than to Client and the Company. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CITY OF BURLINGAME A municipal corporation By: City Manager – Lisa K. Goldman Approved as to form: ____________________________________ City Attorney – Michael Guina Attest: ____________________________________ City Clerk – Meaghan Hassel-Shearer COMPANY By: ____________________________________ Caine Computer Consulting, LLC Print Name : Title : Date : 357 83717.00002\34021673.2 1 CITY OF BURLINGAME PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered into as of ________________, 20____ by and between the City of Burlingame, a public agency organized and operating under the laws of the State of California with its principal place of business at 501 Primrose Road, Burlingame, CA 94010 (“City”), and Caine Consulting, LLC, a limited liability corporation at 274 Redwood Shores Parkway, #113, Redwood City, CA 94065 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement. RECITALS A. City is a public agency of the State of California and is in need of professional services for the following project: Information technology services, as provided in Exhibit A, attached hereto (hereinafter referred to as “the Project”). B. City has previously contracted with Consultant for similar services with successful results. B. Consultant is duly licensed and has the necessary qualifications to provide such services. C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein. AGREEMENT NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.” 2. Compensation. a. Subject to paragraph 2(b) below, the City shall pay Consultant $269,794 for two years to be paid monthly at the rate of $11,241.42 per month. If more than two hours work is required to be done after normal business hours (0800-1700) due to an emergency or other after-hours need on any one day, that work may be invoiced in addition to the contract amount, at a rate $65.00 per hour or another amount which has been mutually agreed upon by both parties. b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $11,241.42. c. Additional payment for specific projects may be negotiated separately and payment may be made by hour or by project as mutually agreed upon. Any such modification of the payment terms must be agreed to in writing by the parties. 358 83717.00002\34021673.2 2 d. Reimbursable Costs. City shall reimburse Consultant for direct costs incurred in connection with the Services rendered. Reimbursable costs include, but are not limited to, travel costs, subcontractors, materials and computer costs, copies, delivery, etc. that are necessary to a project or Service (the "Reimbursable Costs"). Travel costs are defined as air travel, lodging, meals and incidentals, ground transportation, tools, and all costs associated with travel. All travel expenses must receive City’s approval. Consultant shall provide City with substantiation of Reimbursable Costs incurred. City will provide all equipment and software necessary for the fulfillment of this contract, at no cost to Company. 3. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement. 4. Maintenance of Records. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City. 5. Term The term of this Agreement shall be from July 1, 2025 to June 30, 2027, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement. 6. Delays in Performance. a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non- performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; pandemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint. b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. 7. Compliance with Law. 359 83717.00002\34021673.2 3 a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement. 8. Standard of Care Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 9. Assignment and Subconsultant Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder. 10. Independent Contractor Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. 11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required by Exhibit B, attached and incorporated herein. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Evidence Required Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. 360 83717.00002\34021673.2 4 b. Policy Provisions Required (i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. c. Qualifying Insurers (i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: (1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. d. Additional Insurance Provisions 361 83717.00002\34021673.2 5 (i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. e. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 12. Indemnification. a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant’s obligation to indemnify shall be limited to the amount of Consultant’s insurance policies. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault. 362 83717.00002\34021673.2 6 c. City shall notify Consultant of any claim arising out of or relating to this Agreement or in any material defect or failure of services provided by Consultant as provided in this Agreement. Consultant shall then (i) use commercially reasonable efforts to cure, at its expense, the matter that gave rise to the claim for which Consultant is at fault or, if such cure is not possible, (ii) return to City the fees paid by City to Consultant for the particular service provided that gives rise to the claim. Efforts to cure as discussed in this Section 12(c) do not impact Consultant’s indemnification obligation in Section 12(a). 13. California Labor Code Requirements. a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. b. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor. 14. Verification of Employment Eligibility. 363 83717.00002\34021673.2 7 By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same. 15. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Mateo, State of California. 16. Termination or Abandonment a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work. b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant. 17. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City. 18. Confidentiality. Consultant acknowledges that in the course of providing Services to City under this Agreement, it may encounter confidential information such as internal communications, investigatory records, personnel records, or other similar records. Consultant agrees not to discuss, disseminate, or fail to preserve as confidential any such information it accesses and that it shall use its best commercially reasonably efforts to preser ve the confidentiality of all City information. Consultant further agrees to notify City of any actual or possible breaches, accidental or otherwise, of confidential City information and take all reasonable steps to cure any such breach. 19. Organization 364 83717.00002\34021673.2 8 Consultant shall assign Rhonda Caine Alcantara as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City. 20. Limitation of Agreement This Agreement is limited to and includes only the work included in the Project described above. 21. Notice Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to: CITY: City of Burlingame 501 Primrose Road Burlingame, CA 94010 Attn: Burlingame Police Department CONSULTANT: Ronda Caine Alcantara 274 Redwood Shores Parkway, #113, Redwood City, CA 94065 and shall be effective upon receipt thereof. 22. Third Party Rights Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant. 23. Equal Opportunity Employment Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 24. Entire Agreement This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement. 25. Severability 365 83717.00002\34021673.2 9 The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the remaining provisions unenforceable, invalid or illegal. 26. Successors and Assigns This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void. 27. Non-Waiver None of the provisions of this Agreement shall be considered waived by either Party, unless such waiver is specifically specified in writing. 28. Time of Essence Time is of the essence for each and every provision of this Agreement. 29. City’s Right to Employ Other Consultants City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects. 30. Prohibited Interests Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit [SIGNATURES ON FOLLOWING PAGE] 366 83717.00002\34021673.2 10 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF BURLINGAME AND CAINE COMPUTER CONSULTING, LLC IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF BURLINGAME Approved By: Lisa Goldman, City Manager Date Attested By: Meaghan Hassel-Shearer, City Clerk Approved As To Form: Michael Guina City Attorney CAINE COMPUTER CONSULTING, LLC Signature Name Title Date 367 83717.00002\34021673.2 11 EXHIBIT A Scope of Services Consultant shall provide the following services: Network/ Computer System Administration Website Administration Project Management Computer Software Management, including but not limited to, the Sunridge Systems software Email System Management Telephone System Management Communications Dispatching Communications Supervision as necessary Training and Computer Education to employees City Projects as needed Consultant agrees to provide consulting services, such as discussing available options, troubleshooting, recommending solutions and working with employee and equipment vendors as needed. Consultant shall provide support for workstation software, including the initial installation, re- installation, software upgrades/patches and configuration changes requested by City. Consultant support for service software includes the initial installation, re-installation, software upgrades/patches and on-going monitoring of system processes which include daily backup, logs, alarms and alerts. Software loaded on servers and workstations must be approved by Consultant. Consultant and any employees or agents shall report directly to the Burlingame Police Department Chief or his/her designee. Consultant agrees to keep the Administrative Captain or his/her designee informed of work performed, and upon request, will provide an accounting of work done on projects. Consultant shall provide services both on site and remotely in order to maintain the integrity of the City's computer systems. In an emergency, Consultant shall perform the work required to secure City’s systems and, if feasible, maintain operational status. For emergency work, no pre- authorization by City is required to perform the minimum work necessary as described above. For pre-scheduled after hours work or for work beyond the minimum necessary in an emergency, authorization from City is required before additional work and financial obligations may be incurred under this Paragraph. If both parties agree, normal business hours can be adjusted to meet the needs of both. Consultant agrees to be available 24 hours a day, 7 days a week by providing home telephone, business telephone and cellular telephone numbers unless notice has been given otherwise to City. If Consultant will not be available, Consultant will provide a list of alternative support options for City to contact in the event of emergency. Consultant may consult with other vendors as needed. Upon the parties mutual agreement, in writing of these additional costs, City agrees to pay costs thereof, provided that Consultant shall not share confidential information with any outside parties unless specifically authorized by City to do so. 368 83717.00002\34021673.2 12 City shall be responsible for all hardware components required to carry out the services above. If hardware repair or support is required, City agrees to pay such costs. Consultant shall interface with any equipment vendors to troubleshoot issues and replace components under warranty. Cabling shall be performed by cabling contractors approved jointly by City and Consultant. City shall pay costs of required cabling. City shall pay for any technical support contracts for third-party software. City will be responsible for purchasing and upgrading software licenses. Any purchases required to perform the Services herein shall conform to City’s purchasing policies and procedures. This scope of work maybe expanded upon mutual agreement by the parties in writing. 369 83717.00002\34021673.2 13 EXHIBIT B Insurance Requirements Commercial General Liability a. The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. b. Coverage for Commercial General Liability insurance shall be at least as broad as the following: i. Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. c. Commercial General Liability Insurance must include coverage for the following: i. Bodily Injury and Property Damage ii. Personal Injury/Advertising Injury iii. Premises/Operations Liability iv. Products/Completed Operations Liability v. Aggregate Limits that Apply per Project vi. Explosion, Collapse and Underground (UCX) exclusion deleted vii. Contractual Liability with respect to this Agreement viii. Property Damage ix. Independent Contractors Coverage d. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement. e. The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. f. The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. Automobile Liability a. At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. b. Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto). 370 83717.00002\34021673.2 14 c. The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. d. Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. Workers’ Compensation/Employer’s Liability a) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. b) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. Professional Liability (Errors and Omissions) At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in t he policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. Minimum Policy Limits Required a) The following insurance limits are required for the Agreement: Limits Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property damage Automobile Liability $1,000,000 combined single limit Employer’s Liability $1,000,000 per accident or disease 371 83717.00002\34021673.2 15 Professional Liability $1,000,000 per claim and aggregate (errors and omissions) b) Defense costs shall be payable in addition to the limits. c) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. 372 1 - STAFF REPORT AGENDA NO: 11a MEETING DATE: July 07, 2025 To: Honorable Mayor and City Council Date: July 07, 2025 From: Alyssa Diaz, Executive Assistant – (650) 558-7204 Subject: Consideration of Appointment to the Traffic, Safety and Parking Commission RECOMMENDATION Staff recommends that the City Council make an appointment to fill one vacancy on the Traffic, Safety and Parking Commission or take other action. BACKGROUND The vacancy is due to the resignation of Commissioner Arleen Cauchi. The vacancy was publicized, and notification letters were sent to past Commission applicants. The City received six applications as of the deadline of June 6, 2025. The City Council interviewed the following applicants on June 25, 2025: Irenee French, Jay Kershner, Jim Evans, Grace Xuereb, and Lesley Beatty. The sixth applicant withdrew. The appointee term will be for the remainder of Commissioner Cauchi’s term, ending on November 6, 2026. 373 1 STAFF REPORT AGENDA NO: 11b MEETING DATE: July 07, 2025 To: Honorable Mayor and City Council Date: July 07, 2025 From: Alyssa Diaz, Executive Assistant– (650) 558-7204 Subject: Consideration of Two Appointment to the Library Board of Trustees RECOMMENDATION Staff recommends that the City Council make appointments to fill two impending vacancies on the Library Board of Trustees or take other action. BACKGROUND The impending vacancies are due to the expiring terms of Trustees Danielle Roces Garcia and Elizabeth Ostrow. The vacancies were publicized, and notification letters were sent to past Commission applicants. The incumbents did not reapply, so the deadline was extended. The City received six applications as of the extended deadline of June 13, 2025. The City Council interviewed Kerry Bitner, Uma Krishnan, Maxwell Titsworth, Alex Ferguson, and Lisa Smith on June 25, 2025. One applicant withdrew prior to the interviews. The appointee terms will be for three years, ending on June 30, 2028. 374 1 STAFF REPORT AGENDA NO: 11c MEETING DATE: July 7, 2025 To: Honorable Mayor and City Council Date: July 7, 2025 From: Neda Zayer, Community Development Director (650) 558-7253 Joseph Sanfilippo, Economic Development & Housing Specialist (650) 558-7264 Subject: Adoption of a Resolution Establishing Affordable Housing Fund Goals and Priorities and Authorizing the City Manager to Establish and Administer a Notice of Funding Availability (NOFA) for Disbursement of Funds in the Affordable Housing Fund RECOMMENDATION Staff recommends that the City Council adopt a resolution to: Establish Affordable Housing Fund Goals and Priorities; and Authorize the City Manager to establish and administer a Notice of Funding Availability (NOFA) for disbursement of accrued funds in the Affordable Housing Fund. BACKGROUND The City collects various impact fees for certain developments as established in the Master Fee schedule. Two of these fees, Commercial Linkage Fees (paid on commercial projects; Burlingame Municipal Code Chapter 25.44 et seq.) and Residential Impact Fees (paid on certain multi-unit residential projects; Burlingame Municipal Code Chapter 25.45 et seq,), contribute to the City’s “Affordable Housing Fund”. Commercial Linkage Fees are a non-recurring source of revenue, tied to commercial development projects that get approved and built. The use of the fees is required to be related to providing housing for Burlingame’s workforce, based on the premise that commercial development generates new jobs and, by extension, increased housing demand. The Residential Impact Fees are fees collected on multi-unit residential projects. Developers of these projects can either construct a certain amount and type of deed-restricted affordable units onsite, or they can pay the Residential Impact Fee to provide or preserve affordable units offsite. Given this, the Affordable Housing Fund is one tool the City can utilize to produce, preserve and/or protect affordable housing and affordable workforce housing. In 2022, the City Council used the Affordable Housing Fund to award a loan of $1,432,138 to assist in the development of the 100% affordable housing project at 1875 California Drive, Eucalyptus Grove. Since then, additional development projects have paid the associated impact fees, and the Affordable Housing Fund now holds approximately $14.3 million. It should be noted that a small portion of the fund is needed and used for the management and monitoring of the City’s existing 375 Affordable Housing Fund Goals/Priorities and NOFA July 7, 2025 2 affordable housing stock, existing housing programs, county housing programs that are utilized to serve the City of Burlingame such as first-time homebuyer assistance programs, and other Housing Element implementation efforts. However, much of the funds are available for use on other affordable housing and affordable workforce housing projects. In 2023, the City convened the Housing, Opportunities, Priorities and Education (HOPE) Community Advisory Committee. The Council Housing Fund Subcommittee, comprised of Vice Mayor Michael Brownrigg and Councilmember Donna Colson, identified community members representing a range of experiences and relationships with different parts of the Burlingame community. More than a dozen community members participated in some part of the HOPE Committee’s proceedings. Over a set of four public meetings, the HOPE Committee developed recommendations on what type of projects the City should consider funding with the Affordable Housing Fund (summary report attached). The recommendations are summarized as follows: 1. Purchase existing multi-unit residential properties in Burlingame to be able to preserve low rents and/or reduce rental costs. 2. Offer or develop City-owned land or land owned by other public agencies (e.g., possibly the school district or health care district) for affordable housing. 3. Partner with developers to build 100% affordable or mixed-income residential projects. Staff recommends using the HOPE Committee’s direction as a basis to formulate goals and priorities for the Affordable Housing Fund that can provide clarity for the public and potential users regarding the Council’s desires for the fund. In addition, a process should be created for interested applicants and potential projects to be able to apply for use of the funds. To this end, staff has developed an Affordable Housing Fund Goals and Priorities document and Notice of Funding Availability (NOFA), discussed below and attached, for Council consideration. DISCUSSION Affordable Housing Fund Goals and Priorities The intent in creating a separate goals and priorities document is to give Council flexibility to identify the specific types of affordable housing projects to prioritize and to add to and/or amend the document over time as needs and priorities change. Although the NOFA has a full and exhaustive list of the types of fund-eligible projects, the Affordable Housing Fund Goals and Priorities document focuses on the projects/activities that are a priority for the Council. The draft document is based on the three project types the HOPE Committee identified through its discussion with the addition of priority consideration for projects including space for child care facilities in order to adhere to Housing Element Implementation Program H(C-6). The Council can add to and/or modify the draft document as desired. It is important to also note that the drafted goals and policies align with the following Housing Element Implementation programs, which are paraphrased below: Program H(A-2): Prioritize the redevelopment of city-owned parking lots for housing affordable to low, very low, and/or extremely low income households. The City will 376 Affordable Housing Fund Goals/Priorities and NOFA July 7, 2025 3 coordinate with potential developers to leverage commercial linkage fees for new developments for these sites. Program H(C-6): Provide incentives for developers to build space for child care facilities or services as part of new residential, commercial and industrial developments. Include child care facility space as a priority in Request for Proposals (RFPs) for city land or Notices of Funding Available (NOFAs) for affordable housing developments. Notice of Funding Availability (NOFA) A Notice of Funding Availability, or NOFA, is a document issued to announce the availability of grant or funding opportunities. The NOFA outlines the purpose of the funding, eligibility requirements, application procedures, and deadlines. NOFAs are used to solicit proposals for projects that align with the funding agency's goals and priorities. The draft NOFA has been developed as a rolling NOFA, meaning there is no set application window, applications can be submitted at any time, and they are evaluated on a first-come, first- served basis. This provides maximum flexibility for applicants so that applications can be submitted as soon as a property, need, or project arises. NOFA Criteria The draft NOFA provides criteria to facilitate the review of applications. The criteria include factors such as the applicant’s capacity and relevant experience, if the project aligns with the goals and priorities of the Affordable Housing Fund, budget and management of the project, and other relevant factors. The Council may establish additional criteria or identify other priorities (certain AMI categories, specific areas of the city, sustainability considerations, supportive services, etc.) if so desired. Category Maximum Points 1. Organizational Capacity and Relevant Experience The organization is well qualified to complete and operate the project, considering years of relevant experience and the number of similar projects completed. 20 2. Nonprofit Organizations 10 3. Project Need Project clearly addresses the housing goals and priorities listed in this NOFA and the City’s Housing Element and Comprehensive Plan 10 4. Project Design and Readiness Project design (physical and operational) is cost-effective, feasible, and compatible with the neighborhood, includes green building/sustainability considerations, and effective in meeting the stated goals and objectives. Applicant is ready and able to apply for other financing upon issuance of conditional funding award. 20 377 Affordable Housing Fund Goals/Priorities and NOFA July 7, 2025 4 5. Budget and Financial Management Financial Management points are based on clean financial audits and a strong record of financial and regulatory compliance at other projects owned or managed by the applicant. 15 6. Percentage and depth of Affordability Points are awarded based on the percentage and depth of affordability of units in the project. For example, projects that are 49% income restricted at 80% of AMI will get 10 points. If the project is 49% affordable and half the units are at 60% of AMI and half are at 80% of AMI, it will get 15 points. 15 7. Percentage of Matching Funds Points are awarded based on the following formula: No match: 0 points 100% to 199% match: 5 points 200% to 299% match: 10 points 300% match or more: 15 points 10 Total Points Available 100 NOFA Process The City Council has discretion to decide whether to fund an application and the amount of funding allocated. Distribution of the Affordable Housing Fund requires an action from the City Council at a public hearing. The steps in the process to bring an application before the City Council are generally outlined below: 1. The City posts the Notice of Funding Availability that is open for applications on a continuous basis. 2. Applicants submit applications that are reviewed by staff on a first-come, first-served basis based on the scoring criteria and pursuant to the timelines identified in the NOFA document. 3. Staff will schedule the application for discussion at the next available City Council meeting. 4. If the Council decides to fund an application, staff will return with a resolution and loan/funding agreement within six months of the date funding was awarded. In summary, a draft resolution has been included should the Council be supportive of the documents as drafted, or with minor edits. If more substantive edits or changes are desired, the item can be continued, and staff will make the necessary edits for Council’s consideration at a future meeting. FISCAL IMPACT As of July 2025, there is approximately $14.3 million in the Affordable Housing Fund. No funds are being distributed from or allocated to the Affordable Housing Fund with this item. 378 Affordable Housing Fund Goals/Priorities and NOFA July 7, 2025 5 Exhibits: Resolution Affordable Housing Funds Goals & Priorities Notice of Funding Availability (NOFA) HOPE Community Advisory Committee Summary Report 379 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME ESTABLISHING AFFORDABLE HOUSING FUND GOALS AND PRIORITIES AND AUTHORIZING THE CITY MANAGER TO ESTABLISH AND ADMINISTER A NOTICE OF FUNDING AVAILABILITY FOR DISBURSEMENT OF ACCRUED FUNDS IN THE AFFORDABLE HOUSING FUND WHEREAS, on June 19, 2017, the City Council adopted Ordinance No. 2000, establishing Commercial Linkage Fees for new commercial development (codified in Burlingame Municipal Code Chapter 25.44 et seq.) and establishing Residential Impact Fees for new multi-unit residential development (codified in Burlingame Municipal Code Chapter 25.45 et seq.); and WHEREAS, these two fees are intended to provide a dedicated source of funding for programs supporting affordable housing and affordable workforce housing in Burlingame; and WHEREAS, in 2023, the City convened the Housing, Opportunities, Priorities and Education (HOPE) Community Advisory Committee, which developed recommendations on what type of projects the City should consider funding with the Affordable Housing Fund; and WHEREAS, the City Council wishes to use the HOPE Committee’s recommendations as a basis for establishing Affordable Housing Fund Goals and Priorities and a Notice of Funding Availability; and WHEREAS, on July 7, 2025 the City Council reviewed a draft Affordable Housing Fund Goals and Priorities document (Exhibit A) and a draft Notice of Funding Availability (Exhibit B) for the disbursement of accrued Commercial Linkage Fees and Residential Impact Fees to produce, preserve, and protect affordable housing and affordable workforce housing. NOW, THEREFORE, BASED ON THE STAFF REPORT, AND THE WRITTEN AND ORAL TESTIMONY AT THE HEARING, THE CITY COUNCIL OF THE CITY OF BURLINGAME RESOLVES AND ORDERS AS FOLLOWS: 1. The above recitals are true and correct and are material to this Resolution and are incorporated into this Resolution as findings of the City Council. 2. The City Council approves and establishes the Affordable Housing Fund Goals and Priorities (Exhibit A). 380 3. The City Council approves the Notice of Funding Availability (NOFA) (Exhibit B), and the City Manager is hereby authorized and directed to administer the NOFA on behalf of the City of Burlingame, with terms substantially consistent with the terms outlined in this resolution, subject to such minor modifications as may be approved by the City Manager in consultation with the City Attorney. Peter Stevenson, 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 7th day of July 7, 2025, and was adopted thereafter by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ABSTAIN: Councilmembers: Meaghan Hassel-Shearer, City Clerk Exhibits: A - Affordable Housing Fund Goals & Priorities B - Notice of Funding Availability 381 CITY OF BURLINGAME AFFORDABLE HOUSIING FUND GOALS AND PRIORITIES PURCHASE EXISTING MULTI-UNIT RESIDENTIAL PROPERTIES Loan or award funding to acquire, preserve and maintain naturally occurring affordable housing (NOAH). DEVELOP CITY-OWNED OR PUBLIC AGENCY OWNED LAND Loan or award funding to acquire City-owned land or land owned by other public agencies (e.g., school district or health care district) to build affordable multi-unit residential projects. FUND MIXED-INCOME MULTI-UNIT RESDENTIAL PROJECTS Loan or award funding to a project building deed-restricted affordable housing to lower-income households with a priority emphasis for projects including on-site childcare facility space. City of Burlingame 501 Primrose Road Burlingame, CA 94010 www.burlingame.org 382 AFFORDABLE HOUSING FUNDS NOTICE OF FUNDING AVAILABILITY CONTACT US Joseph Sanfilippo Economic Development and Housing Specialist (650) 558-7264 jsanfilippo@burlingame.org 383 City of Burlingame Affordable Housing Funds NOFA 2 OVERVIEW The City of Burlingame is announcing the availability of local funds for affordable housing projects in Burlingame (the “Program”). The funding will be provided as part of an ongoing program, and projects will be reviewed as they are received. The Affordable Housing Funds Notice of Funding Availability (NOFA) is intended to support City Council allocation of any available funds in FY2025-26 and FY2026-27. There is no deadline to apply under this NOFA but please check with the City before applying to confirm the availability of funds. The City’s primary objectives for this NOFA are to: Create new affordable housing; Preserve existing affordable housing; Preserve properties occupied by low-income renters; and Preserve or create the greatest number of affordable housing units possible by funding projects with the lowest per unit subsidy cost to the City. City staff will consider these objectives when evaluating Applications, as well as threshold eligibility requirements and project-specific criteria described in this document. Applicants are responsible for reviewing this NOFA and all relevant exhibits and attachments to ensure project eligibility and consistency with the above Program objectives. Applicants should seek additional funds to minimize the cost to the City of Burlingame . The City is seeking Applications that demonstrate: An understanding of the community, the unique attributes, and opportunities of the neighborhood where the project would be located; Experience successfully developing, preserving, and/or managing affordable housing; and Commitment to and experience in managing public participation processes. A. Eligibility Requirements 1. Eligible Applicants Eligible applicants may submit one or more Applications under this Affordable Housing Funds NOFA. Organization Type - Eligible applicants include for-profit or nonprofit corporations, general or limited partnerships, joint ventures, joint powers authorities, or limited liability companies. Experience - Applicants must have demonstrated experience and capacity in the management, preservation, and/or development of affordable housing. Applicants must 384 City of Burlingame Affordable Housing Funds NOFA 3 have experience and capacity in at least three projects. This experience may include ongoing management of affordable housing properties, management of affordable housing rehabilitation projects, and/or construction of new or conversion of existing buildings to produce affordable housing. 2. Eligible Costs Costs eligible for City funds include any costs of the project, such as acquisition, hard costs, soft costs, developer fees, and reserves related to the development, preservation, or rehabilitation of projects, in accordance with the underwriting guidelines contained herein. Program funds may be used to pay off a bridge/acquisition loan for preservation projects acquired within six months of Application submission. 3. Eligible Projects This NOFA intends to solicit a wide array of eligible project types, including but not limited to: New construction of affordable housing for rent or ownership, including mixed -use projects or mixed-income projects, providing up to 49% of the units affordable to lower- income households; New construction of affordable housing for rent or ownership, including mixed -use projects or mixed-income projects, providing up to 49% of the units affordable to lower- income households that incorporate space for onsite childcare facilities; Rehabilitation of existing affordable housing; Preservation of existing multi-family affordable housing nearing the end of affordability terms; Conversion of existing deed restricted units to deeper income affordability; Conversion of unrestricted units occupied by low-income tenants to income-restricted housing; Adaptive reuse/conversion of existing buildings into affordable housing, providing up to 49% of the units affordable to lower-income households; Acquisition of building or land to build or preserve affordable housing; and Affordable housing-related predevelopment activities. Income limits for each category of affordability for the City of Burlingame and San Mateo County are as follows: Income Limits by Household Size ($) Income Category Household Size Income Category 1 2 3 4 5 6 Extremely Low (30% AMI) $41,150 $47,000 $52,900 $58,750 $63, 450 $68,150 Very Low (50% AMI) $68,550 $78, 350 $88,150 $97,900 $105,750 $113,600 HOME Limit (60% AMI) $82,260 $94,020 $105,780 $117,480 $126,900 $136,320 385 City of Burlingame Affordable Housing Funds NOFA 4 Low (80% AMI) $109,700 $125,350 $141,000 $156,650 $169,200 $181,750 Source: County of San Mateo, Department of Housing, 2025 County Income Limits, April 30, 2025: https://www.smcgov.org/media/154289/download?inline=), B. Funding The source of funds for this NOFA are generated by private market development through the payment of residential impact fees and/or commercial linkage fees, held in the City of Burlingame’s Affordable Housing Fund. As such, the availability of funds may vary over time, and there is no guarantee that funds will be available to fully fund a project request. Long-term financing is generally available in the form of a 55-year loan, depending on the circumstances of the project’s financial need and other funding sources. The loan must be secured by a promissory note and deed of trust, and a regulatory agreement securing project affordability. Loans will be residual receipts notes and require a split of residual receipts between the project sponsor, the City, and other lenders, if any. C. Required Project Information and Selection Process City staff cannot approach the City Council to request an award of funds until the Application is complete and it has been reviewed for eligibility and determined whether it meets the criteria set forth herein. Given that applicants may face circumstances where they cannot produce certain documentation (for example, the developer does not yet have sufficient site control to complete a property needs assessment), prospective applicants are encouraged to meet with City staff prior to Application so that City staff can provide guidance. Funding Applications will be reviewed on a first-come, first-served basis. All projects that meet the minimum criteria below will be eligible for funding. If multiple projects have applied within a 60 day period, projects that meet the threshold will be scored against each other (see Evaluation Criteria). The City will use the Evaluation Criteria to score eligible projects to determine the priority for awarding funds. D. Minimum Criteria for Evaluation (Applicable to All Projects) 1. The Application must be complete. 2. The funding request must be within the amount available (at the time of the request). 3. The Application must meet the Program requirements. 4. The applicant must meet the eligible applicant, project, and cost criteria as outlined in Section A. 5. All projects must meet the underwriting criteria outlined in Section F. 386 City of Burlingame Affordable Housing Funds NOFA 5 6. Applicants with existing City loans must be in good standing with the City ’s annual monitoring requirements. 7. Applicants must have site control. A purchase and sale agreement, option, disposition and development agreement, exclusive negotiating agreement, or grant deed are acceptable forms of evidence of site control. Applicants with only an offer to purchase may be considered for funding, but final approval is contingent upon having site control as defined above. 8. Requested funds must fill a financing gap or pay off short -term financing, such as a bridge loan or acquisition loan. The project must not already be fully funded with permanent financing, and the City funds cannot replace other permanent fundin g on the project. Exceptions to this rule will be made only when a permanent funding source is no longer financially viable. 9. Applicants must be in compliance with all local, state, and federal laws. The Affordable Housing Funds NOFA Application instructions, Application form, and other Application supporting materials are designed to assist the City Council in determining whether to award funding. The materials should describe how each project would meet City goals and priorities for affordable housing in Burlingame. More information on the City’s affordable housing needs can be found online at the Burlingame Housing Element Page, located at https://www.burlingame.org/268/Housing- Element. Staff will review all Applications for completeness and verify that the applicant and project are eligible. Applicants may be requested to provide additional information or tours of similar projects in their portfolio. Staff will score Applications and make funding recommendations to the City Council for consideration. The City Council will be the final decisionmaker on all Applications. E. City Underwriting Guidelines Affordable Housing Funds Program Loan Underwriting Guidelines Item Requirement Loan Term 55 Years Interest 3% annual simple interest, paid from residual receipts. Regulatory Term 55 years from the Certificate of Occupancy for new construction or upon the closing of financing for preservation projects. 387 City of Burlingame Affordable Housing Funds NOFA 6 Income Limits Up to 80% Area Median Income (AMI). Refer to the County website for current income limits https://www.smcgov.org/housing/income-limits- and-rent-payments Maximum Rents (Including Utility Allowances) Lower Income, as published by the County at https://www.smcgov.org/housing/income-limits- and-rent-payments Utility Allowances Utility allowances, as published by the County of San Mateo (see https://www.smcgov.org/housing/utility- allowance-schedules) must be subtracted from gross rents for any utilities paid by tenants, to determine the actual rent paid by tenants. The developer must outline any monthly fees that may be charged to tenants. All required monthly fees must be included in the Utility Allowance. For projects within 0.5 miles of any existing high-quality transit corridor, parking fees can be excluded from the Utility Allowance if renting a parking space is not required. Rent Increases Maximum rents published by the County (see above) or 5% annually, whichever is less. City Monitoring Fee Except where not allowed by law (AB2430) $125/unit per year. Developer Fee (new construction projects) 5% to 10% of total project costs, depending on project complexity and size. Any deferred developer fees may be paid after all required operating costs and asset management fees but prior to residual receipts payments. Construction Management Fee (preservation projects) 5% to 10% of hard costs, depending on project complexity and size. Replacement Reserves Replacement reserve funding covers the cost of all repairs needed through year 15 of the project as described in a Property Needs Assessment (PNA) prepared by a qualified third-party consultant. The reserve must include a 3% price escalator, if not included in the PNA. The reserve can be funded through an initial reserve deposit at acquisition or loan closing, or through annual deposits from cash flows (or a combination thereof). A minimum of $500 per unit per year is required if the initial reserve 388 City of Burlingame Affordable Housing Funds NOFA 7 deposit does not cover 50% of the 15-year PNA cost. Capitalized Operating Reserves Minimum 3 months’ expenses, including: hard debt, monitoring fees, and replacement reserves. Vacancy Loss Percentage Minimum 5% for residential units and 20% for any commercial space. Debt Coverage Ratio 1.15, except for the purchase/restriction of existing units, which may have a DCR of 1.1 over the first two years of the project and 1.15 thereafter. Subsidy Limit $300,000/unit Asset Management Fee Lesser of $1,000/unit per year or $25,000/year with a 3.5% escalator. Subordination The City will subordinate its deed of trust to public and private lenders that require it as a condition of funding. City will not subordinate its regulatory agreement to any deed of trust but will subordinate its regulatory agreement to a senior lender’s regulatory agreement. Insurance See Exhibit A Hard Cost Contingency At least 10% of hard costs, including general requirements, overhead, profit, and contractor’s contingency. Soft Cost Contingency At least 5% of all costs except acquisition, hard costs, reserves, and developer fees. Contingency Funds Contingency funds shall first be used to cover cost over runs, and the remainder shall be deposited into the replacement reserve. Relocation Displacement or permanent relocation of existing tenants is not allowed. Temporary relocation during renovation is allowed. All relocation must follow local, state, and federal relocation laws. Property Welfare Tax Budget must clearly show when the property welfare tax exemption is expected to begin, if applicable. F. Application Submittal Requirements 389 City of Burlingame Affordable Housing Funds NOFA 8 Applications will be accepted anytime until funds are expended. The Application should be submitted to Joseph Sanfilippo, Economic Development and Housing Specialist, via email at jsanfilippo@burlingame.org. Applications are to be straightforward, clear, concise, and specific to the information requested. For Applications to be considered complete, the applicant must provide responses to all information requested. Submission to this Program is at the applicant’s expense and no part of the costs of preparation shall be reimbursed by the City. Applications in whole or in part are NOT to be marked confidential or proprietary. The City may refuse to consider any Application or part thereof so marked. Applications submitted in response to this Program may be subject to public disclosure. The City shall not be liable in any way for disclosure of any such records. Under the California Public Records Act, all documents submitted in response to this Program are considered part of the public record and will be made available to the public, upon request. Applications must include the following, in the following order: 1. Cover letter with applicant name, amount requested, project location, and project summary (max 1 page). 2. Description of the project, including units, incomes served, occupancy status, special populations served (if applicable), commercial spaces (if any), on -site amenities, neighborhood amenities, and accessible units (if any) (max 2 pages). 3. Map identifying location of project. 4. Rent roll dated within 30 days of Application with lease start date, rent, and subsidy information (if applicable). 5. Description of the applicant, including years of experience, types of projects, role in projects, and key principals with contact information (max 2 pages). 6. Organizational documents from the State, organizational chart, non-profit status (if applicable), and operating agreements for partnerships. 7. Last 3 Years of Audited Financial Statements of entity or principals. Small organizations that do not conduct audits may request a waiver but m ust submit 3 years of their financial statements (balance sheets and annual profit and loss statements), and three most recent years of their IRS Form 990. For individuals, 3 years of tax returns may be accepted. 8. List of properties developed or preserved within the last 10 years that include Applicant’s role, funding sources, income levels served, acquisition/new 390 City of Burlingame Affordable Housing Funds NOFA 9 construction/rehabilitation/preservation, special populations served, and total development costs. 9. Description of property management company, including years of experience and types of projects managed (max 2 pages). 10. Proof of site control with a date that extends through the acquisition closing (deed, purchase/option contract, lease, exclusive negotiating agreement, Disposition and Development Agreement). 11. Schedule listing key dates through turnover of over -income tenants (if applicable), full lease-up, including acquisition, funding Applications (if applicable), inspections completed, acquisition closing, building permits (if applicable), rehabi litation start and completion (if applicable), etc. 12. Appraisal dated within 60 days of the Application. 13. Preliminary title report dated within 60 days of the Application. 14. Property inspections, as applicable (lead, asbestos, mold, seismic , structural) 15. Proof of Planning approvals, if applicable. 16. Budget spreadsheets with unit mix by bedroom type and income restriction, development sources and uses, operating budget, 20 -year cash flow, and debt coverage ratios. Applicants should provide the information in a sprea dsheet (not a PDF) that provides substantially similar information. 17. Financing commitments, if any. 18. Operating subsidy commitment, if applicable. 19. Supportive services plan and budget (if applicable) including FTE, staff/client ratios, types of onsite and offsite services, memorandums of understanding between external service provider (if applicable), and funding commitment documents. 20. Relocation Plan and Budget, if applicable. 21. Physical Needs Assessment with replacement reserve analysis completed within 6 months prior to the Application. 22. Signed Certifications in Exhibit B. 23. Description of any changes to the City Underwriting Guidelines requested. 24. Any other materials that the applicant believes will assist the City in evaluating the Application. Due before closing: 1. Insurance as required by Exhibit A. 2. A Phase 1 environmental assessment dated within 1 year of the Application. 391 City of Burlingame Affordable Housing Funds NOFA 10 G. Application Evaluation Applications will be evaluated and scored based on compliance with the criteria below. Since projects are considered on a rolling basis, achievement of a particular score does not guarantee City Council approval of the Application or award of any funding, and scores among various Applications that ultimately receive grants may vary. Category Maximum Points 1. Organizational Capacity and Relevant Experience The organization is well qualified to complete and operate the project, considering years of relevant experience and the number of similar projects completed. 20 2. Nonprofit Organizations 10 3. Project Need Project clearly addresses the housing goals and priorities listed in this NOFA and the City’s Housing Element and Comprehensive Plan. 10 4. Project Design and Readiness Project design (physical and operational) is cost-effective, feasible, and compatible with the neighborhood, includes green building/sustainability considerations, and effective in meeting the stated goals and objectives. Applicant is ready and able to apply for other financing upon issuance of conditional funding award. 20 5. Budget and Financial Management Financial Management points are based on clean financial audits and a strong record of financial and regulatory compliance at other projects owned or managed by the applicant. 15 6. Percentage and depth of Affordability Points are awarded based on the percentage and depth of affordability of units in the project. For example, projects that are 49% income restricted at 80% of AMI will get 10 points, and if the project is 49% affordable and half the units are at 60% of AMI and half are at 80% of AMI, will get 15 points. 15 7. Percentage of Matching Funds Points are awarded based on the following formula: No match: 0 points 100% to 199% match: 5 points 200% to 299% match: 10 points 300% match or more: 15 points 10 Total Points Available 100 H. Application and Evaluation Timeline 392 City of Burlingame Affordable Housing Funds NOFA 11 Please send application materials to Joesph Sanfilippo, Economic Development and Housing Specialist, via email at jsanfilippo@burlingame.org. Typical application processing times are in business days as follows: Program Application Process Timing/Duration Application Submission Ongoing Staff initial review of complete Applications 10 days Submittal of additional information, if requested by staff 5 days Staff final review 5 days Staff notification of results 10 days Recommendation made to City Council Dependent on City Council schedule City Loan Closing Within 6 months of award I. Funding Award Recommendations At the conclusion of the Application evaluation process, applicants will be notified by letter and email of the funding award recommendation(s), if any, by the City. To receive an award, City staff must make a recommendation to the City Council for approval. An approval by the City Council may be conditional and include requirements that must be met before final funding is approved. J. Questions/FAQs All questions must be submitted to Joseph Sanfilippo, Economic Development and Housing Specialist, via email at jsanfilippo@burlingame.org. The City will periodically post on its website a list of questions and answers. K. General Information 1. Revisions The City Manager or designee, in his/her sole discretion, is authorized to make changes to the City Underwriting Guidelines. Alternatively, the City Manager or designee may request that the City Council consider and approve changes to the City Underwriting Guidelines. If any such changes are made, the City will post an addendum to this NOFA on the City of Burlingame website. 2. Expense of Preparation The City is not responsible for any expense incurred in preparation of submittals or taking any action in connection with the process, or for the costs of any services performed in connection with submittal, interviews, or approval process. 393 City of Burlingame Affordable Housing Funds NOFA 12 3. Modifications Applicants may not modify their submittal, except in direct response to a request from the City for clarification. Any submittal and proposed information items must be valid for at least 180 days after submission. 4. City Loan Documents Available upon request. 5. Contact Information Questions and technical assistance regarding this Affordable Housing Funds NOFA may be directed to Joseph Sanfilippo, Economic Development and Housing Specialist, via email at jsanfilippo@burlingame.org 6. City Reservation The City of Burlingame reserves the unqualified right to request additional information from applicants, reject any and all Applications (including incomplete and ineligible Applications), discuss modifications to Applications with the applicants, waive any irregularities in the submittal requirements, or cancel, suspend, or amend the provisio ns of this NOFA. Submission of an Application in response to this NOFA constitutes agreement on the part of the applicant to comply with this and all other rules and conditions of this NOFA. The City reserves the right to refuse funding for any and all Ap plications and the City reserves the right to award funds to more than one applicant. 394 City of Burlingame Affordable Housing Funds NOFA 13 EXHIBIT A – INSURANCE REQUIREMENTS Property Coverage. Evidence of insurance demonstrating fire, lightning, and extended coverage insurance on the facility in a form of commercial property policy, in an amount equal to one hundred percent (100%) of the then current replacement cost of the facility, excluding the replacement cost of unimproved real property constituting the site. Proof of Coverage Related to Site Control. Evidence of insurance as required by those documents demonstrating site control as described in Section D.7. 395 City of Burlingame Affordable Housing Funds NOFA 14 EXHIBIT B – APPLICANT CERTIFICATIONS Applicant hereby certifies under penalty of perjury: 1. Truth of Application That the information submitted in the project application and any supporting materials is true, accurate, and complete to the best of our knowledge. Applicant acknowledges and understands that if facts and/or information herein are found to be misrepresented or otherwise false, funding may not be granted or may be withheld. 2. Applicant Will Abide by Program Rules That if Applicant is successful in receiving funds as a result of this Application, it will abide by all applicable rules and regulations governing the Program. 3. Applications are Public Records That Applicant acknowledges that the information submitted as part of this application may be made available to the public pursuant to a request under the California Public Records Act. 4. Material Changes to Project That Applicant acknowledges that any material changes to the project not disclosed to and approved by the City may result in termination of funding for the project. Material changes include but are not limited to: changes to the project ’s design, amenities, and number and size of units; changes to the development budget; changes to the proposed sales prices, rents or operating expenses; changes to the sources, amounts or terms of financing; changes to the ownership entity or key staff and consultants identified in the App lication, or changes to other Application items. 5. Acknowledgement of Financing Commitment Timeline That Applicant acknowledges their understanding that after receiving approval for the project’s financing commitment, the project will be subject to commitment and expenditure deadlines as applicable to the rules and regulations governing the Program for which funding is sought. Applicant Name and Title: Organization: ___________________________________ ______________________________________ Signature Date ___________________________________ ______________________________________ 396 Burlingame HOPE Community Advisory Committee Report June 2023 1 HOPE Community Advisory Committee Members’ Input to Burlingame City Council June 9, 2023 The City of Burlingame convened a Community Advisory Committee (CAC), known as the “Housing Opportunity, Priorities, and Education (HOPE)” committee, to help the Burlingame City Council shape guidelines for the disbursement of the City’s housing funds. The Council Housing Fund Subcommittee, comprised of Mayor Michael Brownrigg and Vice Mayor Donna Colson, identified community members representing a range of experiences and relationships with different parts of the Burlingame community. Over a dozen community members participated in some part of the HOPE Committee’s proceedings. Nine CAC members have chosen to be part of an ongoing discussion with staff and the Council Subcommittee. The following report shares highlights from the Committee’s four public meetings. BACKGROUND: THE OPPORTUNITY & CONTEXT The City’s housing funds are generated by commercial linkage fees, which are a non-recurring source of revenue, tied to what commercial development projects get approved and built. These funds complement other ways that affordable housing can be provided in Burlingame for people who have incomes below the Area Median Income (AMI) – such as affordable units built as part of market rate residential developments in lieu of impact fees or “naturally occurring affordable housing” from landlords who charge rents below market rate. Another current example of a way to stimulate affordable housing is the Village at Burlingame where the City donated land to a development instead of direct financial support. The City of Burlingame recently completed its first draft Housing Element for the 2023-2031 cycle. Providing access to homes for people with very low and extremely low income was identified as a priority. During the HOPE CAC discussions and with support from industry experts, it has been clarified that the housing funds generated by commercial linkage fees need to have a use that relates to providing housing for Burlingame’s workforce, based on the premise that commercial development generates new jobs and, by extension, increased housing demand. Therefore, to be clear about intent, the Committee referred these funds as funds affordable workforce housing. 397 Burlingame HOPE Community Advisory Committee Report June 2023 2 HOPE COMMUNITY ADVISORY COMMITTEE INPUT Committee members were invited in to join the HOPE Community Advisory Committee in January 2023. The first two meetings were conducted on Zoom (January 25 and February 15) and the third and fourth meetings were in person on March 29 and April 12 at the Burlingame Community Center. The HOPE CAC has a webpage and Q&A resources (www.burlingame.org/HOPE). While the group was not charged with reaching consensus, many interests and perspectives overlapped through the four meetings. 1 – CLARIFYING PURPOSE – The Who and Why Committee members were presented with the demographics of who lives and works in Burlingame, as well as information about pay rates for different types of jobs compared to Adjusted Area Median Income (AMI). Affordable housing policy and financing uses the nomenclature of Extremely Low Income (ELI), Very Low income (VL), Low and Moderate. Across the Committee, there was broad confirmation of a deep-seated interest in helping Burlingame both retain and increase socio-economic and occupational diversity. Multiple voices explicitly stated respect for the value and dignity of all professions, independent of pay scale. When asked whether they wanted to prioritize housing opportunities for ELI, VL, Low or Moderate income, a majority of Committee members expressed an interest in wanting to help all of those categories. Some were particularly dedicated to helping extremely low and very low-income households because they need the most assistance. A few others specifically indicated that they wanted to include housing opportunities for people earning closer to the median income because they see a "missing middle” in terms of housing supply. 398 Burlingame HOPE Community Advisory Committee Report June 2023 3 Several of the meetings included discussion of specific types of households and work categories that could be supported. Examples of what was shared: - People making less than $50,000 (<50% of Area Median Income (AMI)) - Households making 60-80% of AMI (income range for professions such as teachers, public service employees, etc.) - Low-income families (single head of household as well as other family configurations) – a recurring theme was to provide children with a stable home with access to good schools and expanded opportunities - Essential workers making minimum wage – e.g., caregivers; early childhood educators - Employees that sustain small businesses – retail, restaurants - Low-wage workers for larger employers, such as housekeepers at hotels, to reduce long commutes By the fourth CAC meeting, after several specific types of potential residents were discussed, a majority of the Committee landed on a broad priority category of “people who work in Burlingame” as long as they met the income criteria. Some specifically called out public employees as a first priority, but most preferred a less restrictive criteria screen since the need for workforce housing crosses all sectors of employment. For a given set of affordable homes that would be offered, some suggested an eligibility hierarchy of: - People who work in Burlingame - People who live in Burlingame - People who work in San Mateo County - People who live in San Mateo County The above were discussed as criteria for eligibility to be offered and move into an affordable home. After that, Committee members did not want residents to have to move out if they got a raise, got married or increased their income in other ways. Several on the HOPE CAC articulated different approaches to give people a chance to improve their opportunities. For example, if household income increased, hold rent stable to enable savings to add to education tuition and/or build a nest egg for future home ownership. Another way the Committee thought through the “who” for these affordable housing funds was to discuss the “why” of how Burlingame as a community will benefit. Across the four meetings CAC members identified these important benefits from providing more accessible housing for the priority groups: - Community diversity - Social and economic diversity - Inclusion - Sustaining the labor pool that sustains small businesses and/or local businesses - Greater responsiveness and stability in public services - Burlingame can continue to be a model for pro-housing practices - Providing current/new residents with low income more access to quality schools and pathways to success - Reducing long commutes and associated negative impacts on the environment and also on social/emotional well-being 399 Burlingame HOPE Community Advisory Committee Report June 2023 4 2 – BALANCING PRIORITIES – The What: Preferred Possibilities Many approaches were considered about how to achieve community value from these funds for affordable workforce housing. During the committee meetings, staff and members shared examples that clustered into these basic categories: Contributing to Building of new housing - Multi-unit, 100% affordable - Multi-unit, mixed rate developments - ADUs on Single Family Properties if able to be Deed Restricted for low income workers Buying existing multi-unit housing Leveraging/partnering with other resources and funds, especially including publicly owned land. Any given project will have a lot of technical details and unknowns. During the Committee’s discussions, participants acknowledged that they knew they were not recommending any specific project or scenario, but instead creating considerations and guidelines as future opportunities for affordable housing for workers are pursued and/or are presented to the City. While considering different options, the entire Committee indicated interest in a mix of possibilities, balancing projects the City could actively pursue and complete more quickly, as well as those which would require more collaboration with a longer time frame. Two types of scenarios generated the greatest interest among the CAC members: - Purchasing existing multi-unit housing in Burlingame to be able to preserve low rents and/or reduce rents - Developing City-owned land or land owned by other public agencies (e.g., possibly the school district or health care district) CAC members noted that the City purchasing existing multi-family housing would likely provide fewer units at a higher cost per unit, as opposed to a gap financing scenario where the City contributes funding to a project led by an outside developer. Some in the group envisioned an additional longer-term outcome from the City purchasing existing housing: once the City owned the land, it could redevelop it into more units overall. And it was again acknowledged that everything would be on a case-by-case basis as specific opportunities are identified. The second of the two preferred scenarios, developing multi-unit housing on public land, was a high priority for the Committee because of how it could take advantage of underutilized resources and possibly allow the City to have more control over the levels of income provided in the development. It should be noted that the Committee did not engage in any discussion of specific parcels owned by other public agencies that might be available for collaboration. That is an example of a future discussion for the Council Housing Fund Subcommittee. Of additional interest to the CAC members were scenarios of working with developers to create 100% percent affordable housing developments, or affordable housing in a mixed rate development. The housing funds generated from Burlingame’s commercial linkage fees have already contributed to one of these types of projects, Eucalyptus Grove Apartments, which presented a very favorable “gap financing” 400 Burlingame HOPE Community Advisory Committee Report June 2023 5 way for the City to leverage $1.43 million to achieve 69 very low-income (VLI) and extremely low-income (ELI) units. During the discussions, it seemed that CAC members were better able to visualize the scenarios where the City was in a leadership role as a purchaser or collaborator on development. There were many more unknowns about the wide variety of rules, regulations, pools of layered financing and developer incentives that could come together to make a developer-led promising project. Yet, if another favorable gap financing opportunity appeared, it could likely meet the group’s criteria. There was also thoughtful discussion about subsidizing building of ADUs by single-family homeowners. Many on the Committee expressed concern about spending public funds to subsidize private gain (i.e., subsidizing ADUs for homeowners who are in a high enough income bracket that they would be able to afford to build one anyway). Yet during the conversation about this possible option, a few members were interested in pursuing this to determine interest in a scenario where a homeowner on a constraining fixed income could receive financing to build an ADU on their property if the owner would move into it themselves, and then rent the larger main home to a low-income family. In multiple meetings, some CAC members spoke to the idea of using the housing funds to support homeownership. They liked the idea of helping low income households build equity. Other CAC members indicated that they thought that other funds, rather than the commercial linkage housing fees, would be better for that goal. The committee found more common ground on the approach mentioned above of not raising rents as income increases so that people could build savings. One idea was to help people “bank” part of their rent in an account dedicated toward a future Burlingame home. 3 – SHAPING PROCESS – The How of Creating/Responding to Priorities As noted, the dynamic nature of these housing funds is such that the Community Advisory Committee understood that they were not in a position to define specific housing projects but instead had been asked to provide criteria for how to evaluate opportunities as they arise. In addition to guidance on the “who, why and what”, across the four meetings, the following types of “how” criteria have emerged for the City Council, subcommittee and staff to take into consideration for these housing funds: 401 Burlingame HOPE Community Advisory Committee Report June 2023 6 - Agile/responsive to changing market conditions and government policies - Attend to Cost/Unit and the total number of new homes that can be created, supporting the City’s housing goals - Amount of leverage, and what kind of “good deal for the money” the City can arrange - Temper focus on cost per unit with attention to whether the City is gaining a long-term asset with future development possibilities Regarding timing, many CAC members urged the City to begin utilizing funds as soon as possible because the need is great. At the same time, there was discussion that speed should not lead to overpaying if market conditions are not yet right. Some committee members expressed interest in a possibility of using other City funds as an advance loan (for future commercial linkage fees not yet realized) if the right project presents itself. Several spoke to different ways that the City could proactively explore possibilities rather than waiting for affordable workforce housing project opportunities to arise. Regarding implementation, the HOPE Community Advisory Committee did not envision the City acting as a landlord in any scenario. If a property was purchased, there was Committee discussion about how the City of Burlingame should engage a competent cost-effective entity to manage the property. CAC members were particularly attentive to who might be displaced and urged the City to be extremely thoughtful about how people are asked to move to make new housing available. At the end of the fourth meeting on April 12, many CAC members shared their gratitude for being invited to participate in this Committee and how much they learned through the process as they 402 Burlingame HOPE Community Advisory Committee Report June 2023 7 grappled with potential trade-offs. In turn, Council Housing Fund Subcommittee members Brownrigg and Colson expressed their gratitude to the group and what was gained through the successive discussions. As future decisions arise, the Council Housing Fund Subcommittee indicated that it may contact HOPE CAC members for additional guidance and that Committee members will be invited to milestone events for Burlingame housing. HOPE Community Advisory Committee Members: Many of these committee members have multiple affiliations. What is shown is for identification purposes. CAC members were invited to serve based on their care for the community and low-income workers in Burlingame. Rhovy Lyn Antonio & Angelina Soldatos, California Apartment Association Susan Baker, resident and SFO/Burlingame Chamber of Commerce Elizabeth Barnard, resident and Housing for All Burlingame Cathy Baylock, resident and former Councilmember Tish Busselle, St. Paul’s Episcopal Church Burlingame and Samaritan House Board Member Heather Cleary, Peninsula Family Service Dave Hopkins, resident and Sares Regis Athan Rebelos, resident and Traffic, Safety and Parking Commissioner Walker Shores, newer resident and newly appointed Planning Commissioner Burlingame City Council Subcommittee: Mayor Michael Brownrigg Vice Mayor Donna Colson City staff Kevin Gardiner, Community Development Director Joseph Sanfilippo, Economic Development & Housing Specialist Consultant support: Affordable Housing Programs Consultant: Sandy Council, Good City Company Meeting Process Design & Facilitation: Susan Stuart Clark, Common Knowledge 403 1 STAFF REPORT AGENDA NO: 11d MEETING DATE: July 7, 2025 To: Honorable Mayor and City Council Date: July 7, 2025 From: Neda Zayer, Community Development Director (650) 558-7253 Joseph Sanfilippo, Economic Development & Housing Specialist, (650) 558-7264 Fazia Ali, Assistant Planner (650) 558-7240 Subject: Discussion of the Metropolitan Transportation Commission’s Transit-Oriented Communities Policy RECOMMENDATION Staff recommends that the City Council provide direction on the Transit-Oriented Communities (TOC) Policy. BACKGROUND The Metropolitan Transportation Commission (MTC) is the transportation planning, financing , and coordinating agency for the San Francisco Bay Area. In 2021, MTC and the Association of Bay Area Governments (ABAG) adopted Plan Bay Area 2050, the region’s long-range plan for transportation, housing, economy, and the environment. The Federal Highway Administration (FHWA) provides MTC with funding for investments in roads, highways, public transit, bicycle, and pedestrian projects. MTC’s program to guide distribution of the region’s share of FHWA funding is through One Bay Area Grant (OBAG). There have been three rounds of OBAG funding, and the City has received close to $6 million from this source. MTC adopted a Transit-Oriented Communities (TOC) Policy in 2022 with revisions made in 2023. The TOC Policy is an implementation policy of Plan Bay Area 2050 with the goal to “make it easier for people in the Bay Area to live a car-free or car-light lifestyle,” by increasing the density of housing, jobs, and activities near stations, and improving connections around and between station areas. More information about the TOC Policy is available at the MTC website: https://mtc.ca.gov/planning/land-use/transit-oriented-communities-toc-policy Compliance with the TOC Policy is voluntary; however, to qualify for future OBAG funding jurisdictions will be evaluated on a point system based on their compliance. MTC has advised jurisdictions to anticipate demonstrating compliance prior to the adoption of the OBAG-4 funding cycle, expected in early 2026. The purpose of this discussion item is to receive City Council direction as to whether to pursue compliance and, if so, which elective path should be pursued. 404 Discussion of MTC Transit-Oriented Communities Policy July 7, 2025 2 DISCUSSION The TOC Policy is structured in four policy categories: Land Use Density and Intensity Standards (25 points) Affordable Housing and Anti-Displacement Policies (25 points) Parking Management Policies (25 points) Transit Station Access and Circulation (25 points) Some of the policies apply to areas within a half-mile radius of transit stations, known as Station Areas, and some of the policies are citywide. The City of Burlingame has two Station Areas, the Burlingame Station and the Millbrae Station. The City recently received clarification from MTC that the TOC Policy does not apply to the Broadway Station given that there are stops only two days a week. This section reviews the four TOC Policy categories and identifies where the City is consistent with the TOC Policy requirements, needs updates to existing policies, or would need to adopt new policies. Land Use Density and Intensity Standards (Station Areas Only) – 25 points The TOC Policy establishes specific targets for the average minimum and maximum residential density (expressed in dwelling units per acre (du/ac)) and commercial office intensity (expressed in Floor Area Ratio (FAR)) within a Station Area. Each Station Area is designated a certain Tier based on its service levels. These tiers have different density and parking management requirements. The Millbrae Station is a Tier 2 station, and the Burlingame Station is a Tier 3. The thresholds for compliance with each of these standards are outlined in the table below. Table 1 – Land Use Table Minimum Residential Density Minimum Commercial Density Maximum Residential Density Maximum Commercial Density Burlingame Station Tier 3 TOC Required 50 du/ac 2.0 FAR 75 du/ac 4.0 FAR Current Regulations None None None None TOC Calculation ---- ---- 1.7 FAR average Millbrae Station Tier 2 TOC Required 75 du/ac 3.0 FAR 100 du/ac 6.0 FAR Current Regulations None None NBMU – 140 du/ac RRMU – 70 du/ac NBMU – 2.0 RRMU – 1.0 TOC Calculation ---- ---- 99 du/ac average 1.4 FAR average Not Compliant Not Compliant Partially Compliant Not Complaint 405 Discussion of MTC Transit-Oriented Communities Policy July 7, 2025 3 For cities that do not have defined densities or FARs, the TOC Policy would allow the use of a minimum building height equivalency. The TOC Policy sets the process for a city to calculate the minimum densities and FAR. The minimum standards can be averaged over the applicable lands around the station. The average minimum only applies to lands that allow residential or office uses by right. Lands already occupied with residential units do not have to be included in the calculation of average density, allowing existing residential neighborhoods to be removed from the minimum density consideration. Burlingame does not have minimum residential densities or FARs in the Station Areas. In addition, the Burlingame Station Area does not have maximum residential densities and FARs. To be consistent with the TOC Policy, Zoning and Downtown Specific Plan amendments would be needed. Staff does not recommend amending City of Burlingame regulations to the density and intensity requirements. Instead, staff recommends focusing on the remaining three categories to achieve compliance with the TOC Policy. Affordable Housing and Anti-Displacement Policies (Citywide) – 25 points The Affordable Housing and Anti-Displacement category identifies numerous policies in four groupings; cities must select seven policies to demonstrate TOC Policy compliance: Production (select minimum 2 of 7 options) Preservation (select minimum 2 of 8 options) Protection (select minimum 2 of 11 options) Commercial Stabilization (select minimum 1 of 4 options) The tables below list the policies and those staff recommends pursuing to achieve TOC Policy compliance. Staff recommends adopting the policies that: Align with existing City policies; Align with Housing Element Implementation Programs (HEIP); Align with other goals and policies Council has expressed interest in pursuing; Require the lowest funding or resource commitments over time. Should the City Council wish to pursue compliance with the TOC Policy, the City will accelerate its implementation efforts for the applicable HEIP policies. The recommended policies do not preclude the City Council from independently pursuing the other elective policies. Production A minimum of two of the seven policies are required, and the staff-recommended policies are noted in bold text. 406 Discussion of MTC Transit-Oriented Communities Policy July 7, 2025 4 Table 2 - Production Policies Table TOC Policy Requirement Inclusionary Zoning Fulfills HEIP (C-4). Applies to new projects with more than 11 residential units. 15% affordable deed restricted units at an average of 80% AMI or less. Have an in-lieu fee of at least $100,000/unit. Affordable Housing Fund Commit $3M in funding for the production of deed restricted lower-income rental units and moderate-income ownership units for the OBAG-4 funding cycle. Affordable Housing Overlay Provide incentives for the construction of affordable housing, beyond State law (State Density Bonus law, SB 35 Streamlining). Public Land for Affordable Housing Fulfills HEIP (A-2). Have a program in the Housing Element for redevelopment of public lands. Offer public lands for the development of affordable housing, that exceeds the Surplus Land Act requirement of 25% lower-income units. Create an inventory of “surplus”, underutilized, and other public agency sites that can be redeveloped. Have staff dedicated to advancing the public lands program. Ministerial Approval Grant ministerial approval of residential developments that include, at a minimum, 15% affordable units if projects have 11 or more units, or that exceed inclusionary or density bonus affordability requirements and do not exceed 0.5 parking spaces per unit. Public/Community Land Trusts Commit $3M in funding for CLTs and/or cooperatives to use for affordable housing production, or the jurisdiction or other public entities can use the funding to acquire and hold property that will be used for production of deed restricted lower-income rental units and moderate-income ownership units for the OBAG-4 funding cycle. Development Certainty and Streamlined Entitlement Process Include the vested rights and five hearing limit provisions currently outlined in SB330 without a sunset date. Adopt Protection Policy 2: No Net Loss and Right to Return to Demolished Homes, unless preempted by state or federal law. 407 Discussion of MTC Transit-Oriented Communities Policy July 7, 2025 5 Staff recommends implementing the Inclusionary Zoning and Public Land for Affordable Housing policies in this category. Inclusionary Zoning: Fulfills HEIP (C-4) which states: Update the residential impact fee in-lieu option to require a greater percentage of affordable units and/or deeper levels of affordability. Staff proposes an update to the onsite alternative option that developers may choose instead of paying the required Residential Impact Fee. The current onsite requirement is 10% moderate income units. Staff recommends increasing the requirement to 15% low income units available to households making no more than 80% of the Area Median Income (AMI), consistent with the TOC Policy. This will require a Zoning Code amendment. Public Land for Affordable Housing: Fulfills HEIP (A-2) which states: Prioritize the redevelopment of city-owned surface parking lots for affordable housing. Prioritize the redevelopment of city-owned parking lots in the Downtown and Broadway areas for housing affordable to low, very low, and/or extremely low-income households. The City is committed to complying with the Surplus Land Act and will coordinate with potential developers to leverage commercial linkage fees for new developments. The City will be issuing an RFP for the 1500 Ralston Avenue site in the Sites Inventory in 2023. The City will monitor the process on the city-owned sites to ensure that the City maintains sufficient land to accommodate the RHNA during the planning period. By 2028, the city will make a determination if the sites will be available before the end of the planning period. If not, in an effort to maintain adequate sites, the city will reevaluate the current capacity and identify alternative site(s) as needed. The City is going through the Surplus Land Act process for Parking Lot H (1500 Ralston Ave), most of which is within the R-3 ( Medium-High Density Residential) Zoning District. If no affordable housing developer, school district, or park district offers fair market value for the property, then the City will offer the property to other housing developers. If more than 10 units are constructed on the property, at least 15% of the units must be affordable. Requires creating a comprehensive inventory of publicly owned sites to identify opportunities to produce affordable or mixed-income housing. The site inventory must include both land that qualifies as “surplus” under the Surplus Land Act and other currently underutilized sites owned by the jurisdiction and other public agencies (e.g., state, county, and local agencies, as well as other public entities such as school districts). Alternatively, the Affordable Housing Fund Production Policy can be selected since there are adequate funds in the Affordable Housing Fund to meet the requirements of the policy. 408 Discussion of MTC Transit-Oriented Communities Policy July 7, 2025 6 Preservation A minimum of two of the eight policies are required; staff-recommended policies in bold text. Table 3 - Preservation Policies Table TOC Policy Requirement Funding to Preserve Unsubsidized Affordable Housing Fulfills HEIP (E-3) $900,000 funding commitment over OBAG-4 funding cycle to preserve naturally occurring affordable housing. The jurisdiction must establish criteria for borrower eligibility that require funding recipients to have experience with affordable housing preservation. The program must establish a standard set of financing terms, including affordability requirements, at or below 80% AMI average. Tenant/Community Opportunity to Purchase (TOPA/COPA) Provide tenants or nonprofits the right of first refusal to purchase a property at the market price when it is offered for sale, retaining existing residents and ensuring long- term affordability of the units by requiring resale restrictions to maintain affordability. Defines eligible and exempt properties Establishes timelines for notice of sale, offer period, time to close, funding source, and time to counter-offer under TOPA/COPA Single Room Occupancy (SRO) Preservation No SROs in Burlingame Condominium Conversion Restrictions Fulfills HEIP (E-2) Require units converted to condominiums be replaced 1:1 with comparable rental units or in-lieu fee, unless purchased by current long-term tenants or converted to permanently affordable housing with protections for existing tenants. Allow existing tenants the first right to purchase At the time of conversion, applicants require a Tenant Relocation Assistance Plan spelling out tenant protections, benefits, and relocation payments for any temporarily or permanently displaced residents. Public/Community Land Trusts Commit $900,000 in funding for CLTs and/or cooperatives to use for affordable housing production, or the jurisdiction or other public entities can use the funding to acquire and hold property that will be used for production of deed restricted lower-income rental units and moderate-income ownership units for the OBAG-4 funding cycle. 409 Discussion of MTC Transit-Oriented Communities Policy July 7, 2025 7 Funding to Support Preservation Capacity $900,000 funding commitment over OBAG-4 funding cycle for capacity building or other material support for community land trusts (CLTs) or other community-based organizations (CBOs) engaged in affordable housing preservation. Funding must maintain project management staffing for a minimum of four years at approximately 0.5 full-time equivalent (FTE). Mobile Home Preservation No mobile homes in Burlingame Preventing Displacement from Substandard Conditions and Associated Enforcement Activities Establish an amnesty program to waive fines and fees for property owners with occupied units constructed without the proper permits in exchange for bringing the unit into compliance with health and safety codes. Property owners would be required to submit a tenant habitability plan to the City and agree to rent their units to existing tenants after repairs are completed with reasonable limits on rent increases. Staff recommends the Funding to Preserve Unsubsidized Affordable Housing and Condominium Conversion Restrictions policies in this category. Funding to Preserve Unsubsidized Affordable Housing: Fulfills HEIP (E-3) which states: Encourage use of available programs and housing funds to assist non-profit housing corporations in acquiring, rehabilitating and managing existing apartment units for long-term affordability. The City is establishing an Affordable Housing Fund Goals and Policies document, which includes preserving naturally occurring affordable housing as a goal to fund through a NOFA process. Since there are adequate funds in the Affordable Housing Fund ($14.3M), this policy can be fulfilled. Condominium Conversion Restrictions: Fulfills HEIP (E-2) which states: Maintain the existing zoning controls which prohibit conversion of residential rental projects with fewer than 21 units to condominiums. The City currently restricts condominium conversions for projects larger than 20 units. This TOC Policy requires several amendments to the existing policy that would require less staff time to develop and implement compared to other policy options. The TOC Policy requires that conversions (in this case, those proposed with fewer than 20 units) provide rental units at a 1:1 replacement rate or otherwise pay an in-lieu fee to mitigate the loss of rental housing stock. Any rental housing converted to condos must offer existing tenants the first right to purchase consistent with the Subdivision Map Act and submit a Tenant Relocation Plan to 410 Discussion of MTC Transit-Oriented Communities Policy July 7, 2025 8 the City. The City may choose to exempt projects based on specific affordability criteria or projects where 90% of existing tenants are able to purchase a unit in the new condo project. Alternatively, the Public/Community Land Trusts or Funding to Support Preservation Capacity policies can be selected since there are adequate funds in the Affordable Housing Fund to meet the requirements of the policy. Protection A minimum of two of the 11 policies are required; the staff-recommended policies are in bold text. Table 4 - Protection Policies Table TOC Policy Requirement Just Cause Eviction Can help with HEIP (B-5), which states that during at least one public hearing, staff will review and strengthen tenant protections where possible with elected officials. Some examples include: increasing the time for tenant relocation payments from 1-3 months; extending just cause eviction protections to tenants regardless of tenure (rather than 1 or more years currently required by statute); etc. The Just Cause ordinance must not have a sunset date; require landlords to file notices of termination of tenancy with a designated local government agency, such as a rent program/board or other city department; make the failure to file these notices with a designated agency an affirmative defense for a tenant in an eviction case. Additionally, the ordinance must expand on other statewide just cause protections to either limit the legally recognized causes for eviction or expand the types of housing and tenancies covered by just cause protections. No Net Loss and Right to Return to Demolished Homes Fulfills HEIP (A-4) Adopt provisions of existing SB 330 Housing Crisis Act (1:1 replacement of units - including affordable units, right to return provisions, tenant relocation assistance, right of first refusal), without sunset date. Can get credit for Production Policy 7 - (Development Certainty and Streamlined Entitlement Process) too. Legal Assistance for Tenants $300,000 over the OBAG-4 funding cycle for investments or programs that expand access to legal assistance for tenants threatened with displacement. 411 Discussion of MTC Transit-Oriented Communities Policy July 7, 2025 9 Foreclosure Assistance $300,000 over the OBAG-4 funding cycle to support owner-occupied homeowners (up to 120% AMI) at-risk of foreclosure, including direct financial assistance (e.g., mortgage assistance, property tax delinquency, HOA dues, etc.), foreclosure prevention counseling, legal assistance, and/or outreach. Rental Assistance Program $300,000 over the OBAG-4 funding cycle for rental assistance program for low-income households. Rent Stabilization Restricts annual rent increases based upon a measure of inflation or other metric, with provisions exceeding those established by AB 1482. Measure T, a voter initiative passed in 1987, prevents the City from adopting this without a ballot initiative. Measure T has the purpose of "protecting the right of real property owners to establish the price for which their property is sold, leased, rented, transferred or exchanged." Preventing Displacement from Substandard Conditions and Associated Code Enforcement Activities Helps advance HEIP (E-1) Cannot use this option if adopting it under Preservation Policy 8 Establish an amnesty program to waive fines and fees for property owners with occupied units constructed without the proper permits in exchange for bringing the unit into compliance with health and safety codes. Property owners would be required to submit a tenant habitability plan to the City and agree to continue to rent their units to existing tenants after repairs are completed with reasonable limits on rent increases. Tenant Relocation Assistance Helps advance HEIP (B-5) Landlords must make relocation payments for all no- cause or no-fault evictions. Jurisdictions can limit assistance to 80% AMI or less. Relocation assistance must be equal to at least three months’ fair market rent, unless another law (e.g., local, state, federal) requires a higher amount. Mobile Home Rent Stabilization No mobile homes in Burlingame Fair Housing Enforcement $300,000 for policy, program, or investments that support fair housing testing, compliance monitoring, and enforcement. 412 Discussion of MTC Transit-Oriented Communities Policy July 7, 2025 10 Tenant Anti-Harassment Protections Helps advance HEIP (B-5) The policy must grant tenants legal protection from unreasonable, abusive, or coercive landlord behavior; must define harassing behaviors; establish noticing requirements for landlords to provide tenants with an information sheet outlining anti-harassment protections; and establish penalties for landlords found to be in violation. Staff recommends adopting the No Net Loss and Right to Return to Demolished Homes in this category and looks to City Council for guidance if pursuit of an additional policy in this category is desired. The Tenant Relocation Assistance, Just Cause Eviction, or Tenant Anti-Harassment Protections can be selected as they do not have associated funding commitments and assist with HEIP. All would require the adoption of new ordinances and ongoing enforcement. No Net Loss and Right to Return to Demolished Homes: Fulfills HEIP (A-4) which states: Require new housing developments that replace existing units to build equal to or more than the number of units previously on the site, in compliance with density regulations. Staff already complies with no net loss law (requiring a 1:1 replacement of demolished units with units of comparable size, restricted to lower-income households if an applicable agreement applies at the property) and tenant relocation assistance requirements outlined in the Housing Crisis Act. Adopting this policy requires the City to formally adopt these provisions of the Housing Crisis Act into code with no sunset date. Commercial Stabilization A minimum of one of the four policies are required; staff recommended policies are in bold text. Table 5 - Commercial Stabilization Policy Table TOC Policy Status Small Business and Non-Profit Overlay Zone An overlay zone offers benefits such as an operating subsidy, eviction protections, and relocation requirements. Jurisdictions must define “small business” and “community-serving non-profit” to establish the minimum requirements to qualify for protections. Offer at least one protection or benefit specific to the community and expected to prevent displacement. 413 Discussion of MTC Transit-Oriented Communities Policy July 7, 2025 11 Small Business and Non-Profit Preference Policy Establish a preference policy that prioritizes small businesses and non-profits when selecting new tenants by offering them the right of first offer. Jurisdictions may apply such a policy on publicly-owned properties, as part of the entitlement process for a new development, as a condition of a small business support program, or in other applicable circumstances. Small Business and Non-Profit Financial Assistance Program The jurisdiction must have a program with secured funding that provides financial assistance to stabilize small businesses and non-profits located in the TOC areas. The jurisdiction could choose to offer this assistance to businesses and non-profits in additional areas as well. Provide technical assistance and up-to-date information online regarding funding opportunities and deadlines. Small Business Advocate Office Provide a single point of contact for small business owners to connect with a technical support resource The City currently employs an Economic Development & Housing Specialist as a single point of contact for small business owners to connect with as a technical resource. This position is consistent with the requirements of the Small Business Advocate Office policy required under TOC Policy; therefore, no new programs or policies would be needed. Parking Management Policies (Station Areas) – 25 points The TOC Policy requires eight parking management policies within the Station Areas, including parking minimums and maximums. Parking Minimums State law (AB 2097) prohibits the City from requiring parking minimums near major transit stops, including the Burlingame Station, Millbrae Station, and major bus lines such as El Camino Real and portions of California Drive. As a result, parking provided by an owner/developer in a new project near transit is voluntary. HEIP (B-4) states the City will eliminate parking requirements for projects within 0.5 miles of transit as specified by AB 2097; Zoning Code amendments are in process to fulfill this requirement. Parking Maximums The TOC Policy requires the City to set parking maximums that would prohibit a developer from building more than the maximum allowed even if the developer wanted to provide more parking. Staff considers the parking maximum policy to be a controversial component of the TOC Policy. 414 Discussion of MTC Transit-Oriented Communities Policy July 7, 2025 12 Table 6 – Parking Comparison Table Minimum Residential Parking Minimum Comm/Office Parking Maximum Residential Parking Maximum Comm/Office Parking Burlingame Station Tier 3 TOC Required None None 1 space per unit 2.5 spaces per 1,000 square feet Current Regulations 1 - 0/1 bed 1.5 - 2 bed 2 - 3+ bed 0.75 – micro 1 space per 400 square feet None None AB 2097 None None ---- ---- Millbrae Station Tier 2 TOC Required None None 0.5 space per unit 1.6 spaces per 1,000 square feet Current Regulations 1 - 0/1 bed 1.5 - 2 bed 2 - 3+ bed 0.75 – micro 1 space per 400 square feet None None AB 2097 None None ---- ----- Compliant Compliant Not Compliant Not Complaint Other Parking Policies In addition to the parking maximums and minimums, there are additional parking policies: Allow Shared Parking Between Different Land Uses o Currently allowed by the Municipal Code. Bicycle Parking Requirements o 1 secure space per unit required and met by current requirements. o 1 secure space per 5,000 occupied square feet required and met by current requirements. Allow Unbundled Parking (separate the cost of a parking space from rent/sales price of residential unit). o Parking may not be charged for without an approved plan but does not explicitly define unbundled parking. o May require amendment to Municipal Code Section 25.40.020. Adoption of one complementary parking management strategy for the Station Areas, selected from a menu of five options included in MTC/ABAG’s Parking Policy Playbook o Burlingame currently has a citywide Transportation Demand Management (TDM) Policy for new development. o Municipal Code Chapter 25.43 covers the City’s TDM Requirements, typically for projects larger than 10,000 square feet, and includes a variety of options to achieve compliance. o As this code section is already compliant, no further policies are needed. Staff recommends fulfilling all of the Parking Management Policies other than the maximum parking requirements. Currently, only the unbundled parking policy would require a Zoning Code amendment. 415 Discussion of MTC Transit-Oriented Communities Policy July 7, 2025 13 Station Access and Circulation – 25 points All four policies are required; staff-recommended policies are in bold text. Generally, the City of Burlingame has policies and planning work consistent with the requirements of this category. Staff recommends continuing to implement projects identified in the Capital Improvement Project program and Bicycle and Pedestrian Master Plan. Table 7 – Station Access and Circulation Table Requirement Status Adopt a jurisdiction-wide Complete Streets Policy Bicycle/Pedestrian Master Plan is consistent with OBAG 2 policies. The City has an adopted Complete Streets policy that may need amendments. Prioritize implementation of active transportation projects in TOC area(s) Implementation steps of Bike/Ped Master Plan are consistent with this goal. Some specific projects are listed in the Capital Improvement Project budget for FY 25-26. Complete an access gap analysis and capital improvement program for station access Consistent, Bike/Ped Master Plan includes access gap analysis. Identify Mobility Hub planning and implementation opportunities in TOC area(s) Bike/Ped Master Plan goals appear to be consistent; Burlingame has an existing Mobility Hub. Policy Compliance MTC has developed a draft TOC Policy Evaluation Criteria Framework (attached) to outline the points available for compliance in each of the policies and categories. Overall, 100 points are available and grouped into three sections as outlined below. A jurisdiction must be at least partially compliant to qualify for OBAG-4 funding. (0-39 points) - Not Compliant (40-84 points) - Partially Compliant (85+ points) - Fully Compliant Staff estimates that the City could conservatively qualify for 56 points, as shown in the table below, which would place Burlingame in the partially compliant category eligible for funding. This is with the assumption that the policies the City already complies with and/or would fulfill through HEIP items are completed. 416 Discussion of MTC Transit-Oriented Communities Policy July 7, 2025 14 Table 8 – Policy Compliance Estimate Table Land Use Density and Intensity Affordable Housing Anti-Displacement Parking Management Station Access and Circulation Category Points Category Points Category Points Category Points Min Density 0/8 Production 4/8 Min Res 2/2 Complete Streets 3/3 Min FAR 0/4 Preservation 4/8 Min Comm 2/2 Active Transport 7/7 Max Density 6/8 Protection 4/8 Max Res 0/6 Access Gap 8/8 Max FAR 0/5 Commercial Stabilization 1/1 Max Comm 0/6 Mobility Hub 7/7 Bicycle 6/6 Unbundled Parking 0/1 Shared Parking 1/1 Parking Mgmt 1/1 Total 6/25 Total 13/25 Total 12/25 Total 25/25 FISCAL IMPACT TOC Policy items with associated funding commitments would apply to the use of the Affordable Housing Fund; no funding is being requested with this item. No fiscal impact is associated with working to implement current recommendations beyond staff time. By pursuing compliance with TOC Policy, Burlingame will remain eligible to apply for OBAG -4 funds. Exhibits: Draft TOC Policy Administrative Guidance (May 2025) Draft TOC Policy Evaluation Criteria Framework 417 Page 1 of 42 MTC Administrative Guidance: Transit-Oriented Communities Policy Guidance for Public Agency Staff Implementing Metropolitan Transportation Commission Resolution 4530 Revised May 2025 (Version 1.1) Table of Contents I. Background and Purpose ............................................................................................. 4 II. TOC Policy Requirements ........................................................................................... 5 III. Policy Applicability ...................................................................................................... 5 Types of Transit ......................................................................................................... 5 Existing Transit ..................................................................................................... 6 Planned Fixed-Guideway Stops/Stations Subject to the TOC Policy .................... 6 Transit Extensions ................................................................................................ 7 Interregional Projects ............................................................................................ 8 Transit Tiers ............................................................................................................... 8 Opt-In for Areas Not Served by Fixed-Guideway Transit Service ............................... 8 Exemption for Fixed-Guideway Stations Scheduled for Closure ................................ 9 Exemption for Stations with Service Two Days or Fewer per Week .......................... 9 Partial Exemption for Tier 4 TOC Areas Outside Urban Service Areas ..................... 9 TOC Area Geography ................................................................................................ 9 Overlapping TOC Areas ........................................................................................... 10 Multi-Jurisdiction TOC Areas ................................................................................... 10 IV. Documentation Submittal and Review ..................................................................... 10 Submission Deadline ............................................................................................... 10 Documentation Submittal ......................................................................................... 11 Local Jurisdiction Resolution ................................................................................... 11 MTC Review Process .............................................................................................. 11 V. Guidance for TOC Policy Submission ....................................................................... 11 Section 1: Density for New Residential and Commercial Office Development ......... 11 Summary of TOC Policy Requirements .............................................................. 11 418 Page 2 of 42 Submitting Required Documentation .................................................................. 13 Section 2: Affordable Housing Production, Preservation, and Protection Policies and Commercial Stabilization Policies ..................................................................... 25 Summary of TOC Policy Requirements .............................................................. 25 Submitting Required Documentation .................................................................. 34 Section 3: Parking Management .............................................................................. 34 Summary of TOC Policy Requirements .............................................................. 34 Submitting Required Documentation .................................................................. 37 Section 4: Station Access and Circulation ............................................................... 40 Summary of TOC Policy Requirements .............................................................. 40 Submitting Required Documentation .................................................................. 41 Appendix A: TOC Policy Housing and Commercial Stabilization Policy Requirements I. Affordable Housing Production Policy Options ............................................................. 1 Production Policy 1: Inclusionary Zoning ................................................................... 2 Production Policy 2: Affordable Housing Funding ...................................................... 4 Production Policy 3: Affordable Housing Overlay Zones ............................................ 7 Production Policy 4: Public Land for Affordable Housing ........................................... 9 Production Policy 5: Ministerial Approval ................................................................. 12 Production Policy 6: Public/Community Land Trusts ................................................ 14 Production Policy 7: Development Certainty and Streamlined Entitlement Process 17 II. Affordable Housing Preservation Policy Options ....................................................... 18 Preservation Policy 1: Funding to Preserve Unsubsidized Affordable Housing ....... 19 Preservation Policy 2: Tenant/Community Opportunity to Purchase........................ 22 Preservation Policy 3: Single-Room Occupancy (SRO) Preservation ...................... 23 Preservation Policy 4: Condominium Conversion Restrictions ................................ 24 Preservation Policy 5: Public/Community Land Trusts ............................................. 26 Preservation Policy 6: Funding to Support Preservation Capacity ........................... 29 Preservation Policy 7: Mobile Home Preservation ................................................... 31 Preservation Policy 8: Preventing Displacement from Substandard Conditions and Associated Code Enforcement Activities .......................................................... 33 III. Affordable Housing Protection Policy Options .......................................................... 35 Protection Policy 1: “Just Cause” Eviction ............................................................... 36 Protection Policy 2: No Net Loss and Right to Return to Demolished Homes ......... 37 Protection Policy 3: Legal Assistance for Tenants ................................................... 39 Protection Policy 4: Foreclosure Assistance ............................................................ 41 Protection Policy 5: Rental Assistance Program ...................................................... 43 419 Page 3 of 42 Protection Policy 6: Rent Stabilization ..................................................................... 46 Protection Policy 7: Preventing Displacement from Substandard Conditions and Associated Code Enforcement Activities ................................................................. 48 Protection Policy 8: Tenant Relocation Assistance .................................................. 50 Protection Policy 9: Mobile Home Rent Stabilization ............................................... 51 Protection Policy 10: Fair Housing Enforcement ...................................................... 53 Protection Policy 11: Tenant Anti-Harassment Protections ...................................... 56 IV. Commercial Stabilization Policy Options .................................................................. 57 Commercial Stabilization Policy 1: Small Business and Non-Profit Overlay ............ 58 Commercial Stabilization Policy 2: Small Business and Non-Profit Preference Policy ....................................................................................................................... 59 Commercial Stabilization Policy 3: Small Business and Non-Profit Financial Assistance Program ................................................................................................. 59 Commercial Stabilization Policy 4: Small Business Advocate Office ....................... 60 Appendix B: Jurisdictions by Funding Tier Appendix C: Log of Revisions in Version 1.1 Administrative Guidance (April 2025) 420 Page 4 of 42 I. Background and Purpose This document provides guidance to local jurisdictions on how to demonstrate compliance with MTC’s Transit-Oriented Communities (TOC) Policy (MTC Resolution 4530), adopted in September 2022 and revised in October 2023. Version 1.0 of the TOC Policy Administrative Guidance was published in fall 2024. Version 1.1 of this guidance integrates insights gleaned from further engagement with local partners over the past six months. MTC staff have made minor revisions to the Administrative Guidance to clarify the criteria for stations subject to the TOC Policy and provide greater specificity regarding the compliance requirements across the four policy components: land use density, affordable housing, parking management, and station access. See Appendix C for additional details about these revisions. The TOC Policy seeks to support the region’s transit investments by ensuring communities around transit stations are places that not only support transit ridership, but are also places where all Bay Area residents can live, work, and access services. The TOC Policy is rooted in Plan Bay Area 2050 (PBA 2050), the region’s Long Range Transportation Plan/Sustainable Communities Strategy, and addresses all four elements of the Plan—transportation, housing, the economy, and the environment. Compliance with the TOC Policy is voluntary for jurisdictions that want to advance the goals of PBA 2050 or to be eligible and/or competitive for some MTC discretionary funding. Four goals guide the TOC Policy and advance PBA 2050 implementation: • Increase the overall housing supply in part by increasing the density for new residential projects. Prioritize affordable housing in transit-rich areas. • In areas near regional transit hubs, increase density for new commercial office development. • Prioritize bus transit, active transportation, and shared mobility within and to/from transit-rich areas, particularly to Equity Priority Communities located more than ½ mile from transit stops or stations. • Support and build partnerships to create equitable transit-oriented communities within the San Francisco Bay Area. Future One Bay Area Grant (OBAG) funding cycles (i.e., OBAG 4 and subsequent funding cycles) will consider funding revisions that prioritize investments in transit station areas that are subject to and compliant with the TOC Policy. With MTC Commission approval, MTC may consider compliance with the TOC Policy to evaluate applications for additional discretionary funding sources. 421 Page 5 of 42 II. TOC Policy Requirements The TOC policy requirements consist of the following four elements: 1. Minimum residential and commercial office densities for new development. 2. Affordable housing production, preservation and protection, and stabilizing businesses to prevent displacement. 3. Parking management. 4. Transit station access and circulation. The specific requirements for each topic area are described in more detail below. Jurisdictions will be evaluated for compliance with all requirements in each of the four topic areas for each TOC area 1 within the jurisdiction that is subject to the TOC Policy. For all topic areas, a jurisdiction may use an existing adopted policy or plan to meet the requirements or, as needed, may adopt new policies/standards by the deadline for compliance with the TOC Policy (see section V. Documentation Submittal and Review, below, for more details). Where applicable, a jurisdiction may rely on jurisdiction-wide policies to demonstrate compliance for a TOC area. III. Policy Applicability Types of Transit The TOC Policy applies to areas within ½ mile of the following types of existing and planned fixed-guideway transit2 stops and stations: • Regional rail (e.g., Bay Area Rapid Transit, Caltrain) • Commuter rail (e.g., Capitol Corridor, Altamont Corridor Express, Sonoma-Marin Area Rail Transit, Valley Link) • Light-rail transit (LRT) • Bus rapid transit (BRT)3 • Ferries The ½-mile radius around a transit station/stop applies even if the jurisdiction has adopted a Priority Development Area (PDA) whose boundaries are different. 1 A TOC area is the geography surrounding a fixed-guideway transit stop or station that is subject to the TOC Policy requirements. See “TOC Area Geography” in Section III. Policy Applicability for more information on how this specific geography is determined. 2 “Fixed guideway means a public transportation facility that uses and occupies a separate right-of-way or rail line for the exclusive use of public transportation and other high occupancy vehicles, or uses a fixed catenary system and a right of way usable by other forms of transportation. This includes, but is not limited to, rapid rail, light rail, commuter rail, automated guideway transit, people movers, ferry boat service, and fixed-guideway facilities for buses (such as bus rapid transit) and other high occupancy vehicles.” (49 CFR § 611.105) 3 The TOC Policy uses the definition of “bus rapid transit” (BRT) from California Public Resources Code section 21060.2. 422 Page 6 of 42 A map and list of the jurisdictions and stations subject to the TOC Policy for the deadline associated with the OBAG 4 Cycle is available on MTC’s website. Existing Transit The TOC Policy applies to jurisdictions with existing fixed-guideway transit service stops and stations, as defined above. For jurisdictions with an existing stop/station, OBAG (i.e., OBAG 4 and subsequent funding cycles) is currently the only funding source for which MTC will consider TOC compliance in its investment decisions. With Commission approval, MTC may consider compliance with the TOC Policy to evaluate applications for additional discretionary funding sources for enhancements or improvements to existing stops/stations. Planned Fixed-Guideway Stops/Stations Subject to the TOC Policy Fixed-guideway stations that are planned but not currently in service may need to demonstrate compliance with TOC Policy requirements by the deadline associated with the OBAG 4 cycle. This applies to planned stations meeting any of the following criteria: • Project begins construction by January 1, 2025. AND/OR • Project allocated regional discretionary funding that requires committing to compliance by the OBAG 4 cycle, as per the requirements of MTC Resolution 4530. AND/OR • Project has a Major Project Advancement Policy (MAP) Level of 1 or 2. Additionally, planned stations meeting both of the following criteria are subject to achieving TOC Policy compliance by the deadline associated with the OBAG 4 cycle: • Project has finished the environmental review phase, or completed equivalent planning analyses, with analysis based on defined station location(s). At their discretion, MTC staff may determine a station location is sufficiently defined to be subject to the OBAG 4 TOC Policy compliance deadline even if environmental review is not yet complete. AND • Project is in “Bin 1” of the Plan Bay Area 2050+ Transportation Project List in either the Final Blueprint (as advanced into environmental phase) or the adopted Final Plan. However, achieving TOC Policy compliance by 2026 is optional for projects that are in Bin 1 in the Final Blueprint but ultimately are not in Bin 1 as part of the adopted Final Plan. Bin 1 encompasses projects expected to be operational by 2035. 423 Page 7 of 42 Opt-In for Planned Fixed-Guideway Stops/Stations Not Subject to the TOC Policy A planned station that does not meet the criteria above can choose to opt in to achieving compliance for the planned TOC area for the OBAG 4 cycle. To do so, the planned station must have a sufficiently defined station location as determined by MTC staff (e.g., the project has completed environmental review). Density and parking standards for planned TOC areas that opt in would be based on the anticipated level of transit service. Transit Extensions “Transit extensions” refer to the creation of a new fixed-guideway transit system (rail, ferry, or bus rapid transit), or extension of an existing fixed-guideway transit system to a new station, stations, or terminals. Transit extensions include new infill stations on a fixed-guideway transit system, and major expansions of existing stations to accommodate a new fixed-guideway transit system or route. The TOC Policy establishes different compliance expectations for transit extension projects seeking awards or allocations of regional discretionary capital funding4 based on the project’s delivery stage, as follows: 1. Project Development/Environmental Review: Project sponsors, and local jurisdictions as applicable, must provide a letter or resolution acknowledging that future allocation requests to MTC will be subject to the TOC Policy pursuant to later phases. 2. Project Design and Early Right-of-Way Acquisition: Jurisdictions must commit in writing to take steps toward achieving compliance by 2026 for the station area(s) seeking funding. 3. Project Construction: Jurisdictions do not need to submit a letter of commitment, but they should work with MTC staff to achieve compliance by 2026. The transit extension project sponsor/implementing agency must include an acknowledgement or commitment letter or resolution, as applicable, in its request to MTC for regional discretionary funding. Templates for the jurisdiction letters and resolutions are available on the MTC TOC Policy website. See Appendix 1 of MTC Resolution 4530 for more details about the requirements for transit extensions. Beginning in 2026, these requirements will also apply to transit extension projects seeking MTC endorsement for federal or state discretionary capital funding.5 4 For the purposes of the TOC Policy, “regional discretionary funding” for transit projects includes the following fund sources: regional bridge tolls and associated programs (e.g., RM2 & RM3), Surface Transportation Block Grant Program (STBG), Congestion Mitigation Air Quality Improvement Program (CMAQ), Regional Transportation Improvement Program (RTIP), and Regional Exchange Program (MTC Exchange). This list is non-exhaustive and could be amended in the future if MTC exercises discretionary control over additional funding sources. 5 In the context of TOC Policy implementation, "endorsement” refers to when the MTC Commission acts to endorse projects seeking funding from other sources or when a project is added to the list of projects 424 Page 8 of 42 Interregional Projects Interregional projects that trigger MTC's Interregional Project Funding and Coordination Policy (Resolution No. 4399) shall be subject to the TOC Policy as set forth in this paragraph. For any portion of the project within MTC’s jurisdiction, the project sponsor must satisfy the requirements as noted above for Existing Transit and Transit Extensions, as applicable. For portions of the project within the jurisdiction of another Metropolitan Planning Agency (MPO)/Regional Transportation Planning Agency (RTPA), the Interagency Agreement referenced in Resolution 4399 must include a provision acknowledging the applicability of the TOC Policy, confirming compliance with the TOC Policy for the Bay Area portion of the project, and a commitment from the other MPO/RTPA to strive towards achievement of TOC Policy requirements for the portions of the project outside of the Bay Area. The other MPO/RTPA’s commitment for non-Bay Area portions of the project should include, as practicable, an agreement to regularly report on the status of progress to meeting TOC Policy requirements, to explain any challenges with achieving TOC Policy requirements, and any steps that will be taken to overcome those challenges. Transit Tiers Geographic areas subject to the TOC Policy are categorized by tier according to the level of transit service at fixed-guideway station(s) within ½ mile: • Tier 1: Rail stations serving regional centers (i.e., Downtown San Francisco, Downtown Oakland, and Downtown San José) • Tier 2: Stop/station served by two or more BART lines or BART and Caltrain • Tier 3: Stop/station served by one BART line, Caltrain, light rail transit, or bus rapid transit • Tier 4: Commuter rail (SMART, ACE, Capitol Corridor, Valley Link) stations, Caltrain stations south of Tamien, or ferry terminals Density and parking management requirements are defined by transit tier, while other requirements are consistent across all tiers. Opt-In for Areas Not Served by Fixed-Guideway Transit Service Jurisdictions with transit stops and stations that are not served by fixed-guideway service (e.g., areas that are only served by regular fixed-route bus transit) may choose to “opt in” and voluntarily meet TOC Policy requirements for these areas.6 Station areas/stops where a jurisdiction has voluntarily complied with the TOC Policy may be eligible for any future funding sources where the MTC Commission chooses to adopt TOC Policy compliance as a prerequisite for funding or a factor in prioritizing funding. and programs included in MTC’s Major Project Advancement Policy (MAP) or a change is made to a project’s MAP Level. 6 For locations with no fixed-guideway transit service, the Tier 4 density and parking management requirements will apply in addition to all other TOC Policy requirements. 425 Page 9 of 42 Exemption for Fixed-Guideway Stations Scheduled for Closure Jurisdictions are exempt from complying with the TOC Policy for existing fixed-guideway transit stations that are scheduled to close. For the purposes of TOC Policy compliance, a station is “scheduled to close” if the station closure is a component of a transportation project included within, or otherwise specified by, the Regional Transportation Plan that was most recently adopted prior to the beginning of the relevant OBAG cycle (e.g., Plan Bay Area 2050+ for OBAG 4). A primary goal of the policy changes needed to achieve TOC Policy compliance is supporting transit ridership, and these policies have limited impact if a station is scheduled to close. Exemption for Stations with Service Two Days or Fewer per Week Jurisdictions are exempt from complying with the TOC Policy for existing fixed-guideway transit stations that have service two days or fewer per week if service is not proposed to be expanded to a greater number of days per week in the Regional Transportation Plan that was most recently adopted prior to the beginning of the relevant OBAG cycle (e.g., Plan Bay Area 2050+ for OBAG 4). Stations with very limited service are less likely to be able to support the development and circulation patterns envisioned in the TOC Policy. Partial Exemption for Tier 4 TOC Areas Outside Urban Service Areas County governments are exempt from complying with the residential and commercial office density requirements for any portion of existing or planned Tier 4 TOC areas within the unincorporated county that are outside of the Urban Service Area. However, these jurisdictions are still subject to comply with all other TOC Policy requirements for these areas (housing policies, parking management, and station access). These areas are not yet envisioned to support dense development in local and regional plans, but other aspects of the TOC Policy remain important and impactful in these communities. Access planning enables those who live or work nearby to more easily use these stations, while parking management policies ensure that development that does occur is transit supportive. Additionally, affordable housing policies safeguard against displacement of existing lower-income residents and support people from all backgrounds being able to live in neighborhoods served by transit. TOC Area Geography The ½-mile area is measured from a single point at the center of the stop or station. Where a station/stop includes infrastructure such as platforms, bus transfer facilities, and parking areas, a single centroid is identified rather than computing distance from multiple station entrances or property boundaries. Open water, rivers, canals, and other water bodies are excluded, which may result in the TOC area being an irregular shape rather than a perfect circle. 426 Page 10 of 42 For more information on how the density and parking requirements apply to TOC areas, see “Section 1: Density for New Residential and Commercial Office Development” and “Section 3: Parking Management” below. A map and list of the jurisdictions and stations subject to the TOC Policy for the deadline associated with the OBAG 4 Cycle is available on MTC’s website. Overlapping TOC Areas In some cases, the ½-mile area around one stop/station may intersect with the ½-mile area around another stop/station, resulting in overlapping TOC areas. As a jurisdiction must demonstrate compliance for each TOC area separately, a parcel within an overlapping area will be considered in calculating the average zoning density as well as evaluating the parking standards for each of the overlapping TOC areas. If the overlapping TOC areas represent different transit tiers, parcels in the overlapping areas must meet the standards for the higher transit tier (i.e., Tier 1 is higher than Tier 2). For jurisdictions with overlapping TOC areas, MTC will work with local staff to identify situations where TOC areas can be consolidated (e.g., along BRT or LRT corridors or in downtown areas) for aggregate analysis of TOC compliance. Multi-Jurisdiction TOC Areas A TOC area may encompass multiple jurisdictions. A jurisdiction is exempt from complying with any TOC Policy requirements if it contains 20 percent or less of the TOC area, as determined by MTC staff. A jurisdiction that comprises more than 20 percent of a TOC area must comply with all TOC Policy requirements for its portion of the TOC area. For the TOC Policy density standards, a jurisdiction is not responsible for zoning densities/intensities outside its boundaries, but it must meet the TOC Policy standards for the portion of the TOC area within its jurisdiction.7 IV. Documentation Submittal and Review Submission Deadline To ensure eligibility for OBAG 4 funding and any other discretionary funding that may be linked to TOC Policy compliance, jurisdictions should anticipate demonstrating compliance prior to adoption of OBAG 4, expected in early 2026. MTC will provide more information about submission deadlines as part of developing the OBAG 4 program. 7 Average zoning density calculation requirements are covered in Section V of this Guidance document. 427 Page 11 of 42 Documentation Submittal MTC will accept submissions from jurisdictions to demonstrate compliance with the TOC Policy for each TOC area subject to the policy within the jurisdiction. Jurisdictions must use the TOC Policy Submission Portal developed by MTC. Jurisdictions may submit documentation on a rolling basis until the submission deadline. Questions about documentation submittal should be directed to TOCPolicy@bayareametro.gov. Local Jurisdiction Resolution The jurisdiction’s final submission must be accompanied by a resolution adopted by the city council or board of supervisors confirming compliance with the TOC Policy. For jurisdictions with multiple TOC areas, the jurisdiction may submit a single resolution that includes reference to all TOC areas for which the jurisdiction is confirming compliance. MTC Review Process To complete its review of a jurisdiction’s submission, MTC may request additional clarifying documentation and information from the jurisdiction. Additionally, to assist with its review of the submission, MTC may consult with and gather relevant information from any individual, entity, or public agency. Jurisdictions will receive confirmation of its compliance status after MTC has completed its review of submitted documentation. V. Guidance for TOC Policy Submission This section provides the guidance necessary to demonstrate compliance with MTC’s TOC Policy requirements. It is divided into four sections: 1. Zoning density and intensity requirements for residential and commercial office development. 2. Affordable housing production, preservation, and protection policies and commercial stabilization policies 3. Parking management policies 4. Station access and circulation requirements Section 1: Density for New Residential and Commercial Office Development Summary of TOC Policy Requirements The TOC Policy seeks to ensure that local planning policies and zoning regulations enable new development within TOC areas to be built at sufficiently high densities to support transit ridership and increase the proportion of trips taken by transit. The mechanism for furthering this goal is the requirement that jurisdictions adopt minimum density and intensity requirements in TOC areas. Additionally, if a jurisdiction chooses 428 Page 12 of 42 to adopt maximum density and intensity requirements, these must be high enough to support robust transit-oriented development.8 The Policy does not require a jurisdiction to plan or zone specific parcels for a particular land use or density. Rather, a jurisdiction is required to meet zoning density and intensity standards where zoning allows new residential, office, or mixed-use development. The density requirements represent an average taken across the TOC area, and the required average densities are based on the area’s Transit Tier (see Tables 1 and 5). The minimum density/intensity in a given zoning district where housing and/or commercial office uses are permitted may be below the TOC Policy thresholds (Tables 1 and 5), provided the average across the TOC area meets the requirement.9 Cities that have adopted Form Based Codes without density standards are required to adopt minimum densities, minimum Floor Area Ratios (FARs), or minimum heights for future residential, commercial office, and mixed-use projects. A jurisdiction without minimum residential or commercial office zoning standards may use the minimums identified in an adopted General Plan, Specific Plan, or Area Plan to the extent the Plan requires that new development must occur at or above a minimum threshold. In the absence of such a requirement or zoning standard, a zone without a minimum density will be assigned a “zero” for the purposes of calculating the average for the TOC area. A minimum density value of zero for any zone in a TOC area will make it more difficult to achieve the required areawide averages. This is further explained in the methodology below. A jurisdiction is not required to adopt maximum allowable density/intensity standards. However, if a jurisdiction has adopted these standards, then the average of the maximum density/intensity allowed for residential or commercial office uses must meet or exceed the TOC Policy’s thresholds (Tables 3 and 7). Areas Subject to Density/Intensity Requirements For the residential density calculations, only zoning districts that allow residential development as a permitted use (i.e., with no use permit requirement) are included. For the purposes of TOC Policy compliance, only residential uses that represent the most common forms of residential dwellings (i.e., single-family residences, duplexes, multi- family housing, and mixed-use development) are considered “residential development.” 8 While the TOC Policy does not specify requirements for building heights, local jurisdictions should not limit building heights such that new residential development at the densities specified by the TOC Policy becomes infeasible. 9 “Permitted” means the use is listed as a permitted use in the zoning regulations, with no use permit requirement. 429 Page 13 of 42 For the commercial office intensity calculations, only commercial, residential, and mixed-use zoning districts that allow office as a permitted use are included. For the purposes of TOC Policy compliance, uses that are considered office include (but are not limited to) professional office, business office, government office, medical office, administrative office, commercial office, general office, etc. Areas Eligible for Exclusion from Density/Intensity Requirements If a zoning district only permits less typical residential uses (e.g., ADUs, live/work spaces, transitional housing, etc.), this district will not be included in the average residential density calculations. Zones intended to conserve land for open space or agriculture may be excluded from residential density calculations even if these zones list residential development as a permitted use. Industrial zoning districts in which offices are permitted uses may be excluded from commercial office intensity calculations at a jurisdiction’s discretion. The Policy allows parcels with existing dwelling units to be excluded from the residential density and commercial office intensity calculations to minimize the risk of displacement. However, a parcel may not be excluded if it was counted as a Housing Opportunity Site in the jurisdiction’s Housing Element and assumed to produce one or more units of housing. For the TOC Policy, “existing dwelling units” are residential units that received a building permit prior to January 1, 2024. However, if a project has not received a certificate of occupancy by the beginning of the OBAG 5 cycle (anticipated in 2030), the parcel cannot be excluded from future TOC Policy compliance cycles. Note: Calculation of the average density includes parcels zoned to allow residential and/or commercial office development where it may not be physically possible to construct new residential, commercial office, or mixed-use buildings within the specified density ranges due to small parcel sizes, environmental factors, conflicts with Airport Land Use Compatibility Plans, etc. Submitting Required Documentation Demonstrating conformance to the TOC Policy includes four calculations of average density/intensity within the TOC area: • Minimum zoning density required for zones allowing residential uses. • If a jurisdiction has maximum residential density standards, the maximum zoning density for zones allowing residential uses. • Minimum commercial office intensity (FAR) required for zones allowing office uses. • If a jurisdiction has maximum commercial intensity standards, the maximum commercial office intensity (FAR) for zones allowing office uses. 430 Page 14 of 42 MTC’s TOC Policy Submission Portal is programmed to complete these calculations based on a jurisdiction’s zoning data. A five-step process is outlined below for how the calculations are completed and how to determine density and FAR equivalencies if a zoning district does not use these metrics. Local jurisdictions may use this process to complete calculations outside the TOC Policy Submission Portal, but ultimately all zoning information and parcel exclusions must be submitted in the portal to ensure consistency across jurisdictions. The calculations do not require determination of “buildout” in the TOC area. Rather, they only require calculation of the average minimum and maximum density/intensity allowed by zoning on eligible parcels. Moreover, determination of the average zoning density and intensity is intended only as a theoretical calculation to evaluate compliance with the TOC Policy. The average density/intensity calculations do not in any way preclude or discourage mixed-use development or non-office commercial uses, nor do they disallow or discourage the addition of residential or office uses to projects of other uses. Step 1 is identifying the baseline set of zones or parcels to be used in the average density/intensity calculations for a TOC area. Steps 2 to 5 correspond to the calculations of minimum residential density, maximum allowable residential density, minimum commercial office intensity, and maximum allowable commercial office intensity for those zones or parcels. Step 1: Determine the Baseline Areas to be Included in the Calculations i. Identify all zoning districts in the TOC area where residential uses are a permitted use (i.e., no use permit is required). This includes single-family residential zones, multi-family residential zones, mixed-use zones where residential development is a permitted use, and non-residential districts that specifically identify residential development as a permitted use. Zones intended to conserve land for open space or agriculture may be excluded from the average residential density calculation, even where residential development is listed as a permitted use. If a zoning district only permits less typical residential uses (e.g., ADUs, live/work spaces, transitional housing, etc.), this district will not be included in residential density calculations. ii. Identify all zoning districts in the TOC area where commercial offices are a permitted use. This includes commercial and mixed-use zones where office is a permitted use, and any residential zones that allow 100 percent office uses (zones that only allow office as an ancillary use are excluded). Industrial zoning districts in which offices are permitted uses may be excluded from commercial office intensity calculations at a jurisdiction’s discretion. iii. Calculate the net acreage in each zoning district in the TOC area. “Net” acreage means streets or un-zoned features within the zoning boundary are not counted. Net acreage is automatically calculated in the TOC Policy Submission Portal. 431 Page 15 of 42 iv. If a jurisdiction chooses to exclude parcels with existing residential dwelling units, prepare a list of parcels to be excluded (subtracted) from the eligible acreage. However, if the parcel was counted as a Housing Opportunity Site in the jurisdiction’s Housing Element and assumed to produce one or more units of housing, it may not be excluded. For any excluded parcel, the jurisdiction must document the assessor parcel number, address, acreage, existing zoning, and existing land use. Additionally, the jurisdiction must use the map feature in the TOC Policy Submission Portal to exclude these parcels from density calculations. v. Report the remaining net acreage in each eligible residential zone and each eligible commercial office zone, the sums of these acreages, and the percentage of the total eligible zones that each individual zone represents. This information will be automatically calculated in the TOC Policy Submission Portal. vi. Zoning districts included in the residential calculation may also be included in the office calculation, where applicable. Step 2: Calculate the Average Minimum Residential Density Required by Zoning in the TOC Area A jurisdiction must demonstrate that the average minimum zoning density in the TOC area meets the adopted TOC Policy standard for its transit tier shown in Table 1. A jurisdiction without minimum density standards may refer to the ranges in its General Plan or an adopted Specific or Area Plan that applies to the TOC area, to the extent the relevant Plan requires that development must occur at or above the minimum. Cities without minimum density standards (either in zoning or the General Plan, Specific Plan, or Area Plan as described above) must assign a “zero” to the applicable zones when calculating the TOC area average. Table 1: Average Minimum Zoning Densities Required for Residential Development Level of Transit Service Average Minimum Zoning Density Tier 1: Rail stations serving regional centers (i.e., Downtown San Francisco, Downtown Oakland, and Downtown San Jose) 100 units/net acre or higher Tier 2: Stop/station served by two or more BART lines or BART and Caltrain 75 units/net acre or higher Tier 3: Stop/station served by one BART line, Caltrain, light rail transit, or bus rapid transit 50 units/net acre or higher Tier 4: Commuter rail (SMART, ACE, Capitol Corridor, Valley Link) stations, Caltrain stations south of Tamien, or ferry terminals 25 units/net acre or higher Notes: 1. Tier 3 TOC areas in jurisdictions with 30,000 residents or fewer may use Tier 4 standards. For the OBAG 4 cycle, this applies to Tier 3 TOC areas in Belmont, Brisbane, Lafayette, Orinda, and San Carlos. January 1, 2024 population estimates from the California Department of Finance. 432 Page 16 of 42 Table 2 is an equivalency table for zoning districts where housing is permitted but minimum density is expressed using floor area ratio (FAR) or height. The table allows jurisdictions using zones not measured in dwelling units per acre to convert to density equivalents so averages may be more accurately estimated. The equivalencies in Table 2 are “default” standards based on sample projects. Jurisdictions are encouraged to develop their own equivalency tables based on actual projects within their TOC area or nearby, subject to approval by MTC. MTC staff will automatically approve jurisdiction- developed equivalency tables or density calculation methodologies that were accepted by the California Department of Housing and Community Development (HCD) in a certified Housing Element from the 6th Cycle or later. However, the equivalency table may only be used if the FAR or height standards are legally required minimums, as described above for zoning districts that use a dwelling units per acre standard. Table 2: Equivalency Table for Minimum Density Calculation (only for use in zones with no density standard) If there is no minimum density, but the minimum FAR required is… …then use this equivalent for minimum density If there is no minimum density or FAR, but the minimum height is… …then use this for equivalent minimum density None Zero None Zero Less than 0.5 8 DUA Less than 25′ 12 DUA Between 0.5 and 0.74 16 DUA 25′ to 34.9′ 35 DUA Between 0.75 and 0.99 25 DUA 35′ to 44.9′ 55 DUA Between 1.0 and 1.49 50 DUA 45′ to 54.9′ 75 DUA Between 1.5 and 1.99 75 DUA 55′ to 64.9′ 100 DUA Between 2.0 and 2.99 100 DUA 65′ to 74.9′ 125 DUA Between 3.0 and 3.99 125 DUA 75′ to 84.9’ 150 DUA Between 4.0 and 4.99 150 DUA Add 25 DUA for each 10’ from 85’ upward Add 40 DUA for each 1.0 FAR from 5.0 upward Once a density or density equivalent has been assigned to each zone, the weighted average is determined. Figure 1 illustrates the formula for this calculation. This calculation is performed within the TOC Policy Submission Portal. 433 Page 17 of 42 Figure 1: Calculation of Average Required Minimum Residential Zoning Density As shown in Figure 1, to calculate the average minimum residential zoning density for the TOC area, the total acres in each zone to be included (shown as Zone 1, Zone 2, etc.) is divided by the total acres in the TOC area where residential uses are permitted. The sums developed in Step 1 are used for the numerator and the denominator, with any parcels excluded by the jurisdiction subtracted from these figures. This result is then multiplied by the minimum density for that zone. If the zone has no density standard but does require a minimum FAR or minimum height, use Table 2 to determine the equivalent density. This process is repeated for each zoning district in the TOC area where residential uses are permitted, and the results for each zone are summed to result in the weighted average minimum residential density. Step 3: Calculate the Average Maximum Residential Density Allowed by Zoning in the TOC Area A jurisdiction must demonstrate that, if it has adopted a maximum residential density standard, the average maximum allowable residential zoning density in the TOC area meets or exceeds the adopted TOC Policy threshold for its transit tier shown in Table 3. 434 Page 18 of 42 Table 3: Average Maximum Zoning Density Threshold for Residential Development Level of Transit Service Threshold for Average Maximum Zoning Density Tier 1: Rail stations serving regional centers (i.e., Downtown San Francisco, Downtown Oakland, and Downtown San Jose) 150 units/net acre or higher Tier 2: Stop/station served by two or more BART lines or BART and Caltrain 100 units/net acre or higher Tier 3: Stop/station served by one BART line, Caltrain, light rail transit, or bus rapid transit 75 units/net acre or higher Tier 4: Commuter rail (SMART, ACE, Capitol Corridor, Valley Link) stations, Caltrain stations south of Tamien, or ferry terminals 35 units/net acre or higher Notes: 1. Tier 3 TOC areas in jurisdictions 30,000 or fewer residents may use Tier 4 standards. For the OBAG 4 cycle, this applies to the Tier 3 TOC areas in Belmont, Brisbane, Lafayette, Orinda, and San Carlos. January 1, 2024 population estimates from the California Department of Finance. 2. The allowable densities are consistent with PBA 2050 modeling for Strategy H3 (see Forecasting and Modeling Report, pp. 44-45). Table 4 is an equivalency table for zoning districts where housing is permitted but maximum allowable density is expressed using floor area ratio (FAR) or height. The table allows jurisdictions using zones not measured in dwelling units per acre to convert to density equivalents so averages may be more accurately estimated. The equivalencies in Table 4 are “default” standards based on sample projects. Jurisdictions are encouraged to develop their own equivalency tables based on actual projects within the TOC area or nearby, subject to approval by MTC. MTC staff will automatically approve jurisdiction-developed equivalency tables or density calculation methodologies that were accepted by HCD in a certified Housing Element from the 6th Cycle or later. Table 4: Equivalency Table for Maximum Density Calculation (only for use in zones with no density standard) If there is no maximum density, but the maximum FAR allowed is... …then use this equivalent for maximum density If there is no maximum density or FAR, but the maximum allowable height is… …then use this for equivalent maximum density Less than 0.50 8 DUA Less than 25′ 12 DUA Between 0.5 and 0.74 16 DUA 25′ to 34.9′ 35 DUA Between 0.75 and 0.99 25 DUA 35′ to 44.9′ 55 DUA Between 1.0 and 1.49 50 DUA 45′ to 54.9′ 75 DUA Between 1.5 and 1.99 75 DUA 55′ to 64.9′ 100 DUA Between 2.0 and 2.99 100 DUA 65′ to 74.9′ 125 DUA Between 3.0 and 3.99 125 DUA 75′ to 84.9’ 150 DUA Between 4.0 and 4.99 150 DUA Add 25 DUA for each 10’ from 85′ upward Add 40 DUA for each 1.0 FAR from 5.0 upward 435 Page 19 of 42 Once a density or density equivalent has been assigned to each zone, the weighted average is determined. Figure 2 illustrates the formula for this calculation. This calculation is performed within the TOC Policy Submission Portal. Figure 2: Calculation of Average Maximum Allowable Residential Zoning Density As shown in Figure 2, to calculate the average maximum allowable residential zoning density for the TOC area, the total acres in each zone to be included (shown as Zone 1, Zone 2, etc.) is divided by the total acres in the TOC area where residential uses are permitted. The sums developed in Step 1 are used for the numerator and the denominator, with any parcels excluded by the jurisdiction subtracted from these figures. This result is then multiplied by the allowable maximum density for that zone. If the zone has no density standard but does include maximum FAR or maximum heights, use Table 4 to determine the equivalent density. This process is repeated for each zoning district in the TOC area where residential uses are permitted, and the results for each zone are summed to result in the weighted average required allowable maximum residential density. Step 4: Calculate the Average Minimum Commercial Office Space Intensity Required by Zoning in the TOC Area A jurisdiction must demonstrate that the average minimum required zoning intensity for commercial office space in the TOC area meets the adopted TOC Policy standard for its transit tier shown in Table 5. Again, it is recognized that a jurisdiction may not have adopted minimum FAR standards (or minimum heights) for commercial office space in its TOC area. A jurisdiction without such standards may refer to the ranges in its 436 Page 20 of 42 General Plan or an adopted Specific or Area Plan that applies to the TOC area, to the extent the relevant Plan requires that development must occur at or above the minimum. Cities without minimum standards for FAR (either in zoning or the General Plan, Specific Plan, or Area Plan) must assign a “zero” to the applicable zones when calculating the TOC area average. Table 5: Average Minimum Zoning Intensities Required for Commercial Office Development Level of Transit Service Average Minimum Zoning Intensity Required for Commercial Office Space (FAR) Tier 1: Rail stations serving regional centers (i.e., Downtown San Francisco, Downtown Oakland, and Downtown San Jose) 4 or higher Tier 2: Stop/station served by two or more BART lines or BART and Caltrain 3 or higher Tier 3: Stop/station served by one BART line, Caltrain, light rail transit, or bus rapid transit 2 or higher Tier 4: Commuter rail (SMART, ACE, Capitol Corridor, Valley Link) stations, Caltrain stations south of Tamien, or ferry terminals 1 or higher Notes: 1. For mixed-use projects that include a commercial office component, this figure shall not be less than the equivalent of the applicable allowed or permitted FAR standard. Table 6 is an equivalency table for zoning districts where minimum required intensity is expressed using height rather than FAR. Table 6 shows equivalent FARs for height limits ranging from zero to 75 feet. The equivalencies in Table 6 are “default” values based on sample projects. Jurisdictions are encouraged to develop their own equivalency tables based on actual projects within the TOC area or nearby, subject to approval by MTC. Table 6: Equivalency Table for Minimum Zoning Intensity for Commercial Office (only for use in zones with no Floor Area Ratio [FAR] standard) If there is no FAR standard, but the minimum height required is... …then use this as the equivalent FAR None 0 Less than 25’ 0.3 25′ to 34.9′ 1.0 35′ to 44.9′ 1.5 45′ to 54.9′ 2.0 55′ to 64.9′ 3.0 65′ to 79.9′ 4.0 80′ to 99.9’ 5.0 Add 1.0 FAR for each 15’ from 100’ upward 437 Page 21 of 42 Jurisdictions may have zoning districts in which mixed-use or residential projects are subject to higher minimum intensity standards than projects that are 100 percent office. For example, a zone may require a minimum FAR of 0.5 for a 100 percent office project but require at least 1.0 FAR for a residential or mixed-use project. In such instances, the higher minimum may be used in the calculations. This recognizes the intent of the TOC Policy, which is to incentivize zoning that supports higher building intensity in TOC areas. Once an FAR or FAR equivalent has been assigned to each zone, the weighted average is determined. Figure 3 illustrates the formula used for this calculation. This calculation is performed within the TOC Policy Submission Portal. Figure 3: Calculation of Average Minimum Required Commercial Office Zoning Intensity As shown in Figure 3, to calculate the average minimum commercial office zoning intensity for the TOC area, the total acres in each zone to be included (shown as Zone 1, Zone 2, etc.) is divided by the total acres in the TOC area where office uses are permitted. The sums developed in Step 1 are used for the numerator and the denominator, with any parcels excluded by the jurisdiction subtracted from these figures. This result is then multiplied by the minimum intensity for that zone. If the zone has no FAR standard but does have minimum heights, use Table 6 to determine the FAR equivalent. This process is repeated for each zoning district in the TOC area where office uses are permitted, and the results for each zone are summed to result in the weighted average required minimum commercial office intensity. 438 Page 22 of 42 Step 5: Calculate the Average Maximum Commercial Office Space Intensity Allowed by Zoning in the TOC Area A jurisdiction must demonstrate that, if it has adopted a maximum commercial office intensity standard, the average maximum allowable zoning intensity for commercial office space in the TOC area meets or exceeds the adopted TOC Policy threshold for its transit tier shown in Table 7. Table 7: Average Maximum Zoning Intensity Threshold for Commercial Office Development Level of Transit Service Threshold for Average Maximum Zoning Intensity for Commercial Office Space (FAR) Tier 1: Rail stations serving regional centers (i.e., Downtown San Francisco, Downtown Oakland, and Downtown San Jose) 8 or higher Tier 2: Stop/station served by two or more BART lines or BART and Caltrain 6 or higher Tier 3: Stop/station served by one BART line, Caltrain, light rail transit, or bus rapid transit 4 or higher Tier 4: Commuter rail (SMART, ACE, Capitol Corridor, Valley Link) stations, Caltrain stations south of Tamien, or ferry terminals 3 or higher Notes: 1. For mixed-use projects that include a commercial office component, this figure shall not be less than the equivalent of the applicable allowed or permitted FAR standard. 2. The allowable densities are consistent with PBA 2050 modeling for Strategy EC4 (see Forecasting and Modeling Report, pp. 57-58). Table 8 is an equivalency table for zoning districts where maximum allowable intensity is expressed using height rather than FAR. The equivalencies in Table 8 are “default” values based on sample projects. Jurisdictions are encouraged to develop their own equivalency tables based on actual projects within the TOC area or nearby, subject to approval by MTC. 439 Page 23 of 42 Table 8: Equivalency Table for Maximum Zoning Intensity for Office (only for use in zones with no Floor Area Ratio [FAR] standard) If there is no FAR standard, but the maximum height allowed is... …then use this as the equivalent FAR Less than 25′ 0.3 25′ to 34.9′ 1.0 35′ to 44.9′ 1.5 45′ to 54.9′ 2.0 55′ to 64.9′ 3.0 65′ to 79.9′ 4.0 80′ to 99.9′ 5.0 Add 1.0 FAR for each 15’ from 100’ upward Jurisdictions may have zoning districts in which mixed-use or residential projects are allowed a higher maximum intensity than projects that are 100 percent office. For example, a zone may allow a maximum FAR of 2.0 for a 100 percent office project but allow a 4.0 FAR for a residential or mixed-use project. In such instances, the higher maximum may be used in the calculations. This recognizes the intent of the TOC Policy, which is to incentivize zoning that supports higher building intensity in TOC areas. Once an FAR or FAR equivalent has been assigned to each zone, the weighted average is determined. Figure 4 illustrates the formula for this calculation. This calculation is performed within the TOC Policy Submission Portal. Figure 4: Calculation of Average Maximum Allowable Commercial Office Zoning Intensity 440 Page 24 of 42 As shown in Figure 4, to calculate the average maximum allowable commercial office zoning intensity for the TOC area, the total acres in each zone to be included (shown as Zone 1, Zone 2, etc.) is divided by the total acres in the TOC area where office uses are permitted. The sums developed in Step 1 are used for the numerator and the denominator, with any parcels excluded by the jurisdiction subtracted from these figures. This result is then multiplied by the maximum intensity for that zone. If the zone has no FAR standard but does have maximum heights, use Table 8 to determine the FAR equivalent. This process is repeated for each zoning district in the TOC area where office uses are permitted, and the results for each zone are summed to result in the weighted average required allowable maximum commercial office intensity.10 General Guidance and Special Circumstances for Average Density and Intensity Calculations Parcels Bisected by the ½-Mile TOC Area Boundary If a parcel is bisected by the TOC area’s ½-mile boundary, only the portion of the parcel within the ½-mile TOC area buffer is counted toward the weighted average density. At MTC staff’s discretion, the entirety of a bisected parcel can contribute to the TOC area’s weighted average density if local jurisdiction staff demonstrate the importance of the parcel for achieving TOC Policy goals. Mixed-Use Districts: Parcels to Include Parcels in mixed-use zoning districts that allow both residential and commercial office as permitted uses should be counted in calculations of average residential density and then again in calculations of average commercial office intensity for each TOC area. No assumptions about the mix of uses are necessary on mixed-use parcels—simply report the minimum and maximum density or FAR permitted by zoning in each case. In cases where zoning establishes lower minimum and maximum FARs for projects that are entirely office than it does for mixed-use or residential projects, the higher minimum and allowable maximum FARs may be used in the calculation of the average commercial office intensity. SB 6 (2022, Caballero)/AB 2011 (2022, Wicks) SB 6 and AB 2011 allow residential uses by right in some commercial zoning districts. For the purposes of the minimum and maximum average density calculations, residential uses should only be counted in a commercial zone if they are expressly listed as a permitted use in the zoning regulations. Jurisdictions are encouraged to amend their zoning codes to list residential as permitted in those zones affected by SB 6 and AB 2011. 10 Maximum FAR (intensity) thresholds are based on the potential maximum for a given site; this may vary from site to site in areas where Precise Plans or Specific Plans are in effect. 441 Page 25 of 42 Planned Unit Development or Planned Development (PD) Districts For parcels in zoning districts where densities are determined through a subsequent project-level planning process (e.g., Planned Unit Developments), or were previously determined through such a process, the jurisdiction may use the densities and intensities in its General Plan. The jurisdiction also has the option of using any minimum and maximum densities/intensities that were established when the PD was created. To use a minimum density, the relevant Plan must require that development occur at or above the minimum. Developer Agreements If a jurisdiction has a developer agreement in place in the TOC area prior to January 1, 2024, and local staff are concerned about the impact on TOC Policy compliance, the jurisdiction should contact MTC staff for assistance. However, jurisdictions will not be able to seek flexibility or exemptions for TOC compliance for developer agreements established after January 1, 2024. Overlay Zones For parcels to which a base zone and overlay zone apply, a jurisdiction may include any supplemental density and intensity permitted by the overlay zone when calculating the average maximum allowable density/intensity, provided the overlay permits the residential or office use as a permitted use in a non-discretionary way (comparable to the base zone). If an overlay establishes higher minimum densities than the base zone, the same allowance applies, and the overlay minimum may be used in calculating the average minimum density/intensity. Incentive Zoning and Density Bonuses If the jurisdiction can demonstrate that HCD allowed it to rely on the density available through incentive zoning in its certified Housing Element, the jurisdiction may rely on incentive zoning in the density calculations for the TOC Policy. For parcels subject to state density bonus law, the TOC Policy density requirements apply to the base zoning (i.e., state density bonuses cannot be considered for meeting the TOC Policy’s thresholds for minimum density or allowable maximum density). Section 2: Affordable Housing Production, Preservation, and Protection Policies and Commercial Stabilization Policies Summary of TOC Policy Requirements A jurisdiction will fulfill the Affordable Housing and Commercial Stabilization requirements by selecting from the menu of options in Table 9 the policies that best meet local needs. To comply, a jurisdiction must adopt at least: • Two policies for each of the “3Ps”—affordable housing production, preservation, and protection. 442 Page 26 of 42 • One policy related to commercial stabilization, unless the jurisdiction can document there are no potential impacts to small businesses and/or community non-profits. A jurisdiction may meet the requirements with existing adopted policies or as needed, adopt new policies by the TOC Policy compliance deadline. Appendix A describes each of the policy options in more detail and outlines the specific minimum standards a jurisdiction’s policy must meet to comply with TOC Policy requirements. Compliance with TOC housing policy requirements should be completed in conformance with relevant federal and state laws, including a jurisdiction’s duty to affirmatively further fair housing. For each of the “3Ps” policies selected to comply with TOC Policy requirements, the jurisdiction must also include a brief explanation for how the policy addresses the jurisdiction’s Regional Housing Needs Allocation (RHNA) and/or other housing needs as identified in the jurisdiction’s Housing Element. Table 9: Affordable Housing and Commercial Stabilization Policy Options Affordable Housing Production Policy Affordable Housing Preservation Policy Affordable Housing Protection and Anti- Displacement Policy Commercial Stabilization Policy Select at least 2 policies Select at least 2 policies Select at least 2 policies Select at least 1 policy 1. Inclusionary Zoning Funding to Preserve Unsubsidized Affordable Housing “Just Cause” Eviction Small Business and Non-Profit Overlay Zone 2. Affordable Housing Funding Tenant/Community Opportunity to Purchase No Net Loss and Right to Return to Demolished Homes Small Business and Non-Profit Preference Policy 3. Affordable Housing Overlay Zones Single-Room Occupancy (SRO) Preservation Legal Assistance for Tenants Small Business and Non-Profit Financial Assistance Program 4. Public Land for Affordable Housing Condominium Conversion Restrictions Foreclosure Assistance Small Business Advocate Office 5. Ministerial Approval Public/Community Land Trusts1 Rental Assistance Program Blank 6. Public/Community Land Trusts1 Funding to Support Preservation Capacity Rent Stabilization Blank 7. Development Certainty and Streamlined Entitlement Process Mobile Home Preservation Preventing Displacement from Substandard Conditions and Associated Code Enforcement Activities2 Blank 443 Page 27 of 42 Affordable Housing Production Policy Affordable Housing Preservation Policy Affordable Housing Protection and Anti- Displacement Policy Commercial Stabilization Policy 8. Blank Preventing Displacement from Substandard Conditions and Associated Code Enforcement Activities2 Tenant Relocation Assistance Blank 9. Blank Blank Mobile Home Rent Stabilization Blank 10. Blank Blank Fair Housing Enforcement Blank 11. Blank Blank Tenant Anti-Harassment Protections Blank Notes: 1. This policy may fulfill either the housing production or preservation requirement, but not both. 2. This policy may fulfill either the housing preservation or protection requirement, but not both. Geography for Policy Applicability At minimum, policies must apply in all TOC areas. Jurisdictions may choose to apply policies beyond the TOC area(s), which could include the entirety of the jurisdiction (i.e., adopting a jurisdiction-wide policy). Some policies detailed in Appendix A have additional, policy-specific geographic applicability considerations. Limits on Housing Policies Eligibility to Meet TOC Policy Requirements As noted in Table 9 and Appendix A, there are two cross-cutting policies that appear in multiple places in the menu of options: • Public/Community Land Trusts can be used to meet the requirement for Production or Preservation policies, but not both. • Preventing Displacement from Substandard Conditions and Associated Code Enforcement Activities can be used to meet the requirement for Preservation or Protection policies, but not both. Additionally, three of the Production policy options have overlapping minimum requirements. For these policies, a jurisdiction will only receive credit toward the TOC Policy requirements for one of the overlapping policies and the jurisdiction may elect which policy. As noted in Appendix A, the policies for which this restriction applies are: • Production Policy 3: Affordable Housing Overlay Zones • Production Policy 5: Ministerial Approval • Production Policy 7: Development Certainty and Streamlined Entitlement Process 444 Page 28 of 42 References to State Laws In some cases, the descriptions of housing policy options included in the TOC Policy refer to existing state laws. The laws listed may not represent all laws that are relevant to the policy topic. MTC may adjust the requirements for complying with the TOC Policy over time in response to any changes to state law. Policy Options Requiring Funding Commitments Several of the affordable housing policy options require a specified financial commitment from a local jurisdiction. The minimum financial commitments reflect the fact that an effective housing program will have minimum staffing and related costs, below which meaningful impact is unlikely. The policy options that require a funding commitment are: • Production Policy 2: Affordable Housing Funding • Production Policy 6: Public/Community Land Trusts • Preservation Policy 1: Funding to Preserve Unsubsidized Affordable Housing • Preservation Policy 5: Public/Community Land Trusts • Preservation Policy 6: Funding to Support Preservation Capacity • Preservation Policy 8: Preventing Displacement from Substandard Conditions and Associated Code Enforcement Activities (if choosing the option to create a loan/grant program for low-income homeowners) • Protection Policy 3: Legal Assistance for Tenants • Protection Policy 4: Foreclosure Assistance • Protection Policy 5: Rental Assistance Program • Protection Policy 7: Preventing Displacement from Substandard Conditions and Associated Code Enforcement Activities (if choosing the option to create a loan/grant program for landlords) • Protection Policy 10: Fair Housing Enforcement Guidelines for Demonstrating Projected Funding Meets Requirements For any of the policies listed above to comply with the TOC Policy, a jurisdiction must demonstrate it has a program with secured funding above a minimum threshold.11 The minimum funding thresholds represent a total amount for a four-year period aligning with the relevant four-year OBAG cycle. For jurisdictions seeking TOC Policy 11 Housing program funds may be considered secured if they are included in a current budget from a source that is expected to continue and where the use of these funds for the program can be reasonably expected to be approved in subsequent years. The subsequent years’ funding may require future budget approvals or may be dependent on uncertain but expected revenue sources, so long as there is not a known sunset date or other limit. For bond proceeds or other one-time investments, funding can be considered secured if it will be available for investment at the required level at any point in the four-year planning period, expected to align with the OBAG cycle. 445 Page 29 of 42 compliance for OBAG 4, the four-year funding period is anticipated to correspond to the years 2026 through 2030. The amount contributed can vary by year as long as the total for the relevant four-year OBAG cycle meets the specified target for the jurisdiction. MTC understands that projections of future funding may be imprecise, and the expectation is that a jurisdiction will provide a reasonable projection of future funding based on the best information available at the time of submitting compliance documentation to MTC. Guidelines for Counting Existing Funds or Past Expenditures Toward Requirements Jurisdictions that have an existing funding balance for a program corresponding to one of the above policy options may count existing funds toward the required total so long as funds are available for expenditure during the relevant four-year OBAG cycle. Jurisdictions that have expended funds for a program corresponding to one of the above policy options prior to submitting final documentation for TOC Policy compliance may count expended funds toward the required total so long as at least one of the following conditions is met: • The funds are used to support a project or program occurring during the relevant four-year OBAG cycle (e.g., funds are committed to an affordable housing project that will be constructed during the OBAG 4 cycle sometime between 2026 and 2030). AND/OR • The funds are expended after January 1, 2025. Jurisdiction Tiers for Funding Amounts In recognition of the variation in Bay Area jurisdictions’ housing needs and funding capacity, there are seven different tiers to determine the minimum amount of funding a jurisdiction must provide over a four-year period for each policy option requiring a funding commitment (if that policy is selected by the jurisdiction to meet TOC Policy requirements). The tiers are based on the jurisdiction’s combined 2023-2031 RHNA for very low- and low-income units. The tiers, and the associated minimum funding commitment, are shown in Table 10 below. See Appendix B for a list of the jurisdictions in each Funding Tier. For the policies in the Protection category, the required funding amount by tier can be split among any two of the four policies, but the jurisdiction will only receive credit for one policy. For example, a Tier A jurisdiction could choose to spend $30,000 on fair housing enforcement and $70,000 on a rental assistance program, for a total of $100,000. Alternatively, the jurisdiction could spend $100,000 on a single policy, such as rental assistance. In either scenario, the jurisdiction would receive credit toward one policy for meeting the $100,000 funding threshold for Protection policies. 446 Page 30 of 42 Table 10: Minimum 4-Year Funding per Policy by Tier Production Preservation Protection Tier 2. Affordable Housing Funding, 6. Public/Community Land Trusts 1. Funding to Preserve Unsubsidized Affordable Housing, 5. Public/Community Land Trusts 3. Legal Assistance for Tenants, 4. Foreclosure Assistance, 5. Rental Assistance Program, 10. Fair Housing Enforcement A $1,000,000 $500,000 $100,000 B $1,400,000 $600,000 $200,000 C $2,000,000 $700,000 D $3,000,000 $900,000 $300,000 E $4,000,000 $1,200,000 F $8,000,000 $2,400,000 $400,000 G $40,000,000 $8,000,000 $1,000,000 Though Preservation Policy 6 (Funding to Support Preservation Capacity) requires a funding commitment, the minimum funding requirement is not a set dollar amount that varies across the tiers listed above. Instead, jurisdictions seeking credit for this policy need to demonstrate their funding programs have secured funding able to support project management staffing for a minimum of four years at approximately 0.5 full-time equivalent (FTE). Additionally, Preservation Policy 8/Protection Policy 7 (Preventing Displacement from Substandard Conditions and Associated Code Enforcement Activities) have multiple options to achieve compliance, one of which is a loan/grant program for home repairs and addressing habitability issues in rental housing. Though these policy options require the jurisdiction to fund these programs, a minimum funding amount is not specified. However, the option for Preservation Policy 8 requires a minimum loan/grant of $10,000 per low-income homeowner assisted by the program. Allowable Sources for Policies Requiring Funding Funding for some of the policy options must be locally generated, while other policy options do not have restrictions on the sources used to fund a program. The following policies representing investments in the physical production and preservation of affordable housing require funding to be locally generated: • Production Policy 2: Affordable Housing Funding • Production Policy 6: Public/Community Land Trusts • Preservation Policy 1: Funding to Preserve Unsubsidized Affordable Housing • Preservation Policy 5: Public/Community Land Trusts 447 Page 31 of 42 The following restrictions and guidelines apply when considering whether a funding source counts as “locally generated”: • Potential local funding sources include commercial linkage fees, housing impact fees (but see note below if the impact fees are part of an inclusionary zoning ordinance), taxes (such as an employee head tax or real estate transfer tax), local bond measures, successor agency funds, business/gross receipts tax on rental property, and general fund allocations. • Jurisdictions may include county or regional bond funds expended with the jurisdiction’s participation on affordable housing projects within its boundaries. • Jurisdictions may include grants from philanthropic organizations or private contributions made by businesses or individuals. • In-kind contributions to developments in the form of fee waivers for building permit fees, impact fees, and other fees can be counted toward the required amount of local affordable housing funding. Staff hours are not eligible for consideration. • If a jurisdiction is using inclusionary zoning (Production Policy 1) for the TOC Policy’s production requirement, funding generated by collecting in-lieu fees from inclusionary zoning cannot be counted toward the funding minimums. If the jurisdiction has inclusionary zoning but does not use it to satisfy the TOC Policy's affordable housing production requirement, the funding generated by collecting in-lieu fees may be counted. • Federal and state funding (such as HOME/CDBG or PLHA) that is passed through a jurisdiction is not counted as local funding. The following policy options representing programmatic investments do not have restrictions on how a program is funded: • Preservation Policy 6: Funding to Support Preservation Capacity • Preservation Policy 8: Preventing Displacement from Substandard Conditions and Associated Code Enforcement Activities (if choosing the option to create a loan/grant program for low-income homeowners) • Protection Policy 3: Legal Assistance for Tenants • Protection Policy 4: Foreclosure Assistance • Protection Policy 5: Rental Assistance Program • Protection Policy 7: Preventing Displacement from Substandard Conditions and Associated Code Enforcement Activities (if choosing the option to create a loan/grant program for landlords) • Protection Policy 10: Fair Housing Enforcement 448 Page 32 of 42 Option for Local Jurisdiction Collaboratives to Meet TOC Policy Requirements MTC will allow implementation of affordable housing and commercial stabilization policies through collaboratives that involve more than one jurisdiction partnering to manage policy implementation. Implementation through a collaborative is intended to reduce administrative costs for local jurisdictions and increase efficiency of program delivery. This option may be particularly beneficial for smaller jurisdictions (those in Tiers A to D above) or medium-sized jurisdictions (those in Tiers E and F above). Implementing a policy through a collaborative generally does not change the minimum requirements for each participating jurisdiction. However, a jurisdiction can receive a 10 percent reduction in the funding requirement for its individual financial contribution to collaborative implementation. For example, a city that transfers funds to its county to administer a tenant rental assistance program can contribute 10 percent less than the funding threshold in Table 10, as long as the county operates the program in accordance with the standards in Appendix A. Target Policies for Collaboratives MTC specifically anticipates that the policies below will benefit from collaborative implementation. However, jurisdictions may use a collaborative to implement any of the affordable housing and commercial stabilization policies, subject to MTC approval. Production: 2. Affordable Housing Funding and 6. Public/Community Land Trusts. Preservation: 1. Funding to Preserve Unsubsidized Affordable Housing, 5. Public/Community Land Trusts, 6. Funding to Support Preservation Capacity, and 8. Preventing Displacement from Substandard Conditions and Associated Code Enforcement Activities Protection: 3. Legal Assistance for Tenants, 4. Foreclosure Assistance, 5. Rental Assistance Program, 7. Preventing Displacement from Substandard Conditions and Associated Code Enforcement Activities, and 10. Fair Housing Enforcement Commercial Stabilization: 3. Small Business and Nonprofit Financial Assistance Program Any jurisdiction intending to implement a TOC housing policy through a collaborative must provide MTC with documentation on the roles and responsibilities for the collaborative and jurisdiction, as well as a schedule of expected funding to the collaborative. MTC may request additional information on collaboratives. 449 Page 33 of 42 Relationship to HCD’s Prohousing Program The California Department of Housing and Community Development has a Prohousing Designation Program that provides incentives to jurisdictions that have policies to support increased housing production. While there are similarities between the requirements for a Prohousing Designation and the TOC Policy, there is not sufficient consistency between the policy options and other requirements for a jurisdiction that has received the Prohousing Designation from HCD to automatically meet TOC Policy requirements for affordable housing production policies. Table 11 provides information on which Prohousing Designation policies correspond to the affordable housing production policy options for the TOC Policy. If jurisdictions are currently applying for or planning to apply for HCD’s Prohousing Designation, they should consider committing to policies in their Prohousing Designation application that would also achieve TOC Policy compliance. Importantly, policies adopted for the Prohousing Designation would also need to meet the minimum requirements detailed in Appendix A of the TOC Policy Administrative Guidance. Table 11: Overlap Between HCD Prohousing and TOC Policy Affordable Housing Production Policy Options Affordable Housing Production Policy Options for TOC Policy Policy Options for HCD Prohousing Designation Production Policy 2: Affordable Category 4A: Establishment of local housing trust funds Housing Funding Category 4E: Directed residual redevelopment funds to affordable housing. Blank Category 4F: Development and regular (at least biennial) use of a housing subsidy pool, local or regional trust fund, or other similar funding source. Blank Category 4G: Prioritization of local general funds for affordable housing. Production Policy 3: Affordable Housing Overlay Zones Category 1D: Density bonus programs which exceed statutory requirements by 10 percent or more. Production Policy 4: Public Land for Affordable Housing Category 4C: A comprehensive program that complies with the Surplus Land Act (Gov. Code, § 54220 et seq.) and that makes publicly owned land available for affordable housing, or for multifamily housing projects with the highest feasible percentage of units affordable to lower income households. A qualifying program may utilize mechanisms such as land donations, land sales with significant write-downs, or below- market land leases. Production Policy 5: Ministerial Approval Category 2A: Establishment of ministerial approval processes for a variety of housing types, including single- family and multifamily housing. 450 Page 34 of 42 Affordable Housing Production Policy Options for TOC Policy Policy Options for HCD Prohousing Designation Production Policy 7: Development Certainty and Category 2D: Establishment of permit processes that take less than four months. Streamlined Entitlement Process Category 2E: Absence or elimination of public hearings for projects consistent with zoning and the general plan. Blank Category 2F: Establishment of consolidated or streamlined permit processes that minimize the levels of review and approval required for projects, and that are consistent with zoning regulations and the general plan. Blank Category 2L: Limitation on the total number of hearings for any project to three or fewer. Submitting Required Documentation For each policy a jurisdiction selects to meet the minimum number required for TOC Policy compliance, the jurisdiction must provide a document or website link that provides the adopted policy or relevant municipal code section. The jurisdiction must also confirm that it meets the minimum requirements established for each policy, which are described in more detail in Appendix A. Local jurisdictions must submit all documents and other relevant information in the TOC Policy Submission Portal. Section 3: Parking Management Summary of TOC Policy Requirements The purpose of the TOC Policy parking management requirements is to further support reducing automobile trips and prioritizing the limited land area near transit for other shared transportation modes and active transportation. Parking management is a key complement to residential and commercial density increases that support higher transit ridership on the region’s existing and planned fixed-guideway transit investments. For compliance with the TOC Policy, MTC will focus on a jurisdiction’s compliance with the parking standards (Table 12). To support limits on off-street parking for new development, one or more additional policies or programs that address parking management must also be in place. These may be one of the policies or programs listed below under Complementary Policies for Parking Management, or another policy or program aligned with the intent of the parking management requirement. For policies or programs that are not one of those listed below, a jurisdiction must explain how the policy or program addresses parking demand management in the TOC area. 451 Page 35 of 42 Parking Standards for New Residential or Commercial Development Off-street vehicle parking standards for new residential or general and neighborhood- serving commercial development (e.g., office, retail, and service businesses) must meet the applicable standards for its Transit Tier listed in Table 12, including: • No minimum automobile parking requirement in most Transit Tiers for new residential or commercial development.12 • For parcels on which residential development13 is allowed: o The applicable maximum automobile parking per dwelling unit ratio o At least one secure bicycle parking space per dwelling unit. • For parcels on which commercial development is allowed: o The applicable maximum automobile parking per 1,000 square foot ratio. o At least one secure bicycle parking space per 5,000 occupied square feet for commercial office. • For parcels on which both residential and commercial development are allowed: o The sum of the applicable maximum automobile parking per dwelling unit and the applicable maximum automobile parking per 1,000 square feet. o At least the sum of one secure bicycle parking space per dwelling unit plus one secure bicycle parking space per 5,000 occupied square feet for commercial office. • Explicitly allow unbundled parking in adopted plans, policies, and/or municipal code or ordinance.14,15 • Explicitly allow shared parking between different land uses in adopted plans, policies, and/or municipal code or ordinance.16 12 The TOC Policy does not have a requirement related to minimum parking for Tier 4 TOC areas. However, jurisdictions must comply with applicable state law prohibiting parking minimums, such as AB 2097. 13 Residential developments permitted in commercial zones through AB 2011 should follow the applicable TOC standards for residential development, not commercial development. 14 Unbundling parking means separating the cost of leasing a parking space from the sale or rental price of residential and commercial uses. 15 For jurisdictions in Alameda County or Santa Clara County, AB 1317 (2023) requires unbundled parking in new residential developments with 16 or more units that are issued a certificated of occupancy after January 1, 2025. See California Civil Code Section 1947.1 for more information. 16 AB 894 (2023) requires jurisdictions to allow entities with underutilized parking to share their underutilized parking spaces with the public, local agencies, or other entities, if those entities submit a shared parking agreement. See California Government Code Section 65863.1 for more information. 452 Page 36 of 42 Table 12: TOC Policy Parking Management Requirements Level of Transit Service New Residential Development New Commercial Development Tier 1: Rail stations serving regional centers (i.e., Downtown San Francisco, Downtown Oakland, and Downtown San José) Parking minimum requirements not allowed. Parking maximum of 0.375 spaces per unit or lower. Parking minimum requirements not allowed. Parking maximum of 0.25 spaces per 1,000 square feet or lower. Tier 2: Stop/station served by two or more BART lines or BART and Caltrain Parking minimum requirements not allowed. Parking maximum of 0.5 spaces per unit or lower. Parking minimum requirements not allowed. Parking maximum of 1.6 spaces per 1,000 square feet or lower. Tier 3: Stop/station served by one BART line, Caltrain, light rail transit, or bus rapid transit Parking minimum requirements not allowed. Parking maximum of 1.0 spaces per unit or lower. Parking minimum requirements not allowed. Parking maximum of 2.5 spaces per 1,000 square feet or lower. Tier 4: Commuter rail (SMART, ACE, Capitol Corridor, Valley Link) stations, Caltrain stations south of Tamien, or ferry terminals Parking maximum of 1.5 spaces per unit or lower. Parking maximum of 4.0 spaces per 1,000 square feet or lower. All Tiers Minimum of 1 secure bicycle parking 17 space per dwelling unit.18 Minimum of 1 secure bicycle parking space per 5,000 square feet for commercial office. The TOC Policy’s off-street parking standards do not supersede other applicable requirements for parking for people with disabilities that are required by the California Building Code, or other state or federal laws, or off-street parking for deliveries. While not specified in the TOC Policy, in addition to accommodating conventional bicycles in the bicycle parking requirement, bicycle parking spaces should consider specifications that will also accommodate cargo and electric bicycles (e-bikes). AB 2097 and TOC Policy Parking Management Requirements The TOC Policy and AB 2097 have similar provisions with respect to parking minimums. Broadly speaking, AB 2097 prohibits a public agency from imposing or enforcing parking minimums on any residential, commercial, or other development project located within a ½-mile of a major transit stop. For the purposes of TOC Policy compliance, 17 Secure bicycle parking should follow the Association of Pedestrian and Bicycle Professionals’ Essentials of Bike Parking Guidelines as well as HCD’s forthcoming update to the California Green Building Standards Code, per AB 2863 (2022). 18 For a single building with more than 100 units, the jurisdiction can apply a ratio of one secure bicycle parking space for every four units to the number of units above 100. For example, a 140-unit building would need 110 bicycle parking spaces (100 + 0.25*40). 453 Page 37 of 42 MTC staff will defer to local jurisdictions’ interpretation of applicable state law (i.e., Government Code Section 65863.2) to determine which parcels are subject to the TOC Policy’s parking management requirements. In other words, the parcels in a TOC area that a jurisdiction has determined are subject to Government Code Section 65863.2 must also meet all TOC Policy parking management requirements described above. AB 2097 has an exemption process where a jurisdiction can impose minimum parking standards. For TOC Policy compliance, MTC encourages, but does not require, jurisdictions to forgo this exemption process. Complementary Policies for Parking Management In addition to complying with the off-street parking standards, a jurisdiction must adopt at least one of the five policies or programs from MTC/ABAG’s Parking Policy Playbook listed below to address transportation demand management (TDM) and curb management in TOC areas that complement the Policy’s required parking standards: 1. TDM Policy for New Development: require provision and enforcement of transportation demand management (TDM). 2. Curb Strategy/Management: Priority curb access based on variable need. 3. Parking Benefit District (PBD): Invest parking revenues into a PBD to fund streetscape, safety, and TDM programs. 4. Demand-Responsive Pricing: Price parking according to level of convenience and demand. 5. Priced Parking: Adding priced parking where it used to be free. TDM and curb-management policies or programs may apply to either the TOC area or jurisdiction-wide. Submitting Required Documentation Parking Standards for New Residential or Commercial Development A jurisdiction must document its off-street parking requirements for new residential and commercial uses and its requirements for secure bicycle parking for new residential and office development in locations subject to the TOC Policy, including the citation for the municipal code or ordinance codifying such requirements. Vehicle Minimum Parking Standards A jurisdiction has three options for meeting the TOC Policy’s requirement related to minimum parking standards: 1. Confirmation of Compliance with AB 2097: Local jurisdiction staff can attest that their jurisdiction complies with AB 2097. A jurisdiction that complies with AB 2097 is deemed in compliance with the TOC Policy’s requirement related to minimum parking standards. 454 Page 38 of 42 2. Resolution of Compliance with AB 2097: A jurisdiction is encouraged, but not required, to pass a resolution confirming compliance with AB 2097 and stating it will not seek exemptions from AB 2097 for Tier 1, Tier 2, and Tier 3 TOC areas.19 3. Ordinance to Remove Parking Minimums: A jurisdiction may adopt an ordinance that removes parking minimum requirements for Tier 1, Tier 2, and Tier 3 TOC areas. This prohibition could also be incorporated into an overlay zone or changes to the jurisdiction’s use table or chapter that is adopted to address the TOC Policy’s parking maximums (see below). Vehicle Maximum Parking Standards A jurisdiction must show that its adopted parking maximums cover at least the ½-mile TOC area (if the policy does not apply jurisdiction-wide) and meet the TOC Policy’s standards for the TOC area’s transit tier. If the jurisdiction’s parking maximums are not expressed as parking spaces per unit (e.g., instead there are parking maximums per bedroom), a jurisdiction may propose an alternative method of demonstrating compliance subject to MTC staff approval. This alternative method may include, but is not limited to, proposing an equivalency calculation that translates the local maximum into spaces per unit. There are two approaches for meeting the TOC Policy’s maximum parking standards: 1. Adopt an overlay zone or updates to a parking use table or chapter: A jurisdiction must have an adopted policy that includes parking maximums for residential and commercial uses that meet TOC standards and that clearly defines the geography to which the standards apply. Defining the geography and maximum parking standards can be done by creating an overlay zone or by amending the jurisdiction’s parking use table or chapter for development within TOC areas. As the TOC Policy parking maximums vary based on a TOC area’s transit tier, a jurisdiction with multiple TOC areas may need to specify several combinations of geography/parking maximums. Optionally, a jurisdiction may choose to include language that removes parking minimum requirements for Tier 1, Tier 2, and Tier 3 TOC areas (as described in Option 3, above). A local jurisdiction must provide municipal code citations for the adopted overlay zone or parking use table/chapter that clearly demonstrate that the vehicle parking maximums for residential and commercial uses meet TOC thresholds for the TOC area’s transit tier and that those standards apply to, at minimum, the entire ½-mile TOC area. 2. Adopt a parking district, station area cap or other methods that limit parking: Standards may apply to individual projects or may be met through the creation of a parking district that provides shared vehicle parking for multiple land 19 Per TOC policy, a jurisdiction may require parking minimums in Tier 4 TOC areas. 455 Page 39 of 42 uses within an area. For example, a specific or area plan may determine an overall total amount of new, off-street parking that may be constructed in the area. Some development projects may provide more off-street parking, while others may provide less off-street parking, or parking may be shared between multiple new uses. In such cases, the total amount of new off-street parking to be built should be equivalent to or less than the TOC Policy’s parking standards. For parking districts or other types of area-wide approaches to parking management, a jurisdiction must provide any relevant plans or policies as well as calculations showing the approach will result in creation of the same or less new off-street parking than the TOC Policy’s parking maximum requirements. The calculations could use assumptions about future buildout (e.g., from a recently completed plan and/or EIR) and the parking permitted in the district to allow for a comparison to the TOC Policy parking maximum requirements. Minimum Bicycle Parking Standards A local jurisdiction must provide municipal code citations for an adopted overlay zone or parking use table/chapter that clearly demonstrate that the minimum bicycle parking standards for residential and commercial office uses meet TOC thresholds for, at minimum, the entire ½-mile TOC area. Unbundled and Shared Parking For unbundled and shared parking, a local jurisdiction must document and provide citations for the adopted plans, policies, and/or municipal code or ordinance that explicitly allow unbundled and shared parking. Further detail on unbundled and shared parking is provided in the MTC/ABAG Parking Policy Playbook. Complementary Policies for Parking Management A local jurisdiction must also document and provide citations for the adopted plans, policies, and/or municipal code or ordinance for one or more of the policies or programs from the MTC/ABAG Parking Policy Playbook listed above that apply either to the geographic area where the TOC Policy applies or jurisdiction-wide. Available Resources for Parking Management The MTC/ABAG Parking Policy Playbook provides detailed guidance and practical tools, such as sample policy language, about how to implement policy changes related to parking, transportation demand management (TDM), and curb management. 456 Page 40 of 42 Section 4: Station Access and Circulation Summary of TOC Policy Requirements In coordination with transit agencies and other mobility service providers, community members, and other stakeholders, a jurisdiction must complete the following in all TOC areas: • Adopt a jurisdiction-wide Complete Streets Policy, following the guidance provided in the OBAG 2 Complete Streets Policy Elements. • Prioritize implementation of “All Ages and Abilities” active transportation projects on the regional Active Transportation Network (as stated in the MTC Complete Streets Policy 20) and/or active transportation projects from Community Based Transportation Plans (if applicable) within the TOC area. Prioritization is demonstrated using a jurisdiction’s Capital Improvement Program (CIP) or other adopted plans/programs listing the jurisdiction’s implementation priorities. • Complete an access gap analysis and accompanying capital and/or service improvement program for station access for destinations within a 10-minute walk (accounting for differences in travel speed and time for people who use wheelchairs or other mobility aids) and 15-minute trip via active transportation, shared mobility, and bus.21 This requirement can be met through a separate study/analysis or as part of an existing specific or area plan, active transportation plan, transit agency station access plan, or other transportation plan or study that, at a minimum, includes the following: o The geographic area that can currently be accessed via a 10- or 15- minute trip by these modes, with particular focus on access to Equity Priority Communities and other significant origins/destinations. o Infrastructure and/or service improvements that would expand the geographic area that can be accessed via a 10- or 15-minute trip by these modes. o Incorporation of recommended improvements into a capital improvement or service plan for the local jurisdiction and/or transit agency (if applicable). • As all TOC areas are also MTC Mobility Hub locations, identify opportunities for Mobility Hub planning and implementation as described in the Mobility Hub Implementation Playbook. For transit lines where stops or stations are more closely spaced (e.g., less than ½-mile apart) such as light rail or bus rapid transit facilities, planning and implementation for Mobility Hubs may be done on a corridor-wide basis rather than for each individual stop or station. Additionally, recognizing that not all light rail or bus rapid transit stops/stations 20 See MTC Resolution No. 4493. 21 Generally speaking, this analysis should consider a three-mile radius around the station for access by all these modes. A 10-minute walk typically equates to a half-mile walk shed, while a 15-minute bike trip represents a one-and-a-half-mile bike shed. 457 Page 41 of 42 will receive enhancement treatments, locations that are transfer points for at least two different transit systems or major activity centers should be the focus. Submitting Required Documentation Complete Streets: A jurisdiction with an adopted Complete Streets (CS) Policy is considered compliant for the complete streets policy requirement. MTC has documented jurisdiction CS Policies through its One Bay Area Grant (OBAG) 2 Program, most recently compiled in 2015. If a jurisdiction has updated its CS Policy since 2015, it should submit or include a link to the updated CS Policy. A jurisdiction submitting a transportation project for regional funding that is located in the public right of way must be compliant with MTC’s updated Complete Streets Policy, Resolution 4493. This requires the submission of a Complete Streets Checklist. This is project specific and CS Checklist submission is not needed for TOC Policy Compliance. Project Prioritization/Implementation: To demonstrate that it has prioritized implementation of active transportation projects within the TOC area, a jurisdiction must submit at least one of the following: • Capital Improvement Program with relevant projects identified. • Projects funded or submitted for funding (e.g., OBAG, ATP, etc.) within the past five years. • Other funding or implementation plans that include relevant projects. Access Gap Analysis: To demonstrate that it has completed analysis or planning with a focus on improving 10- to 15-minute access to/from the TOC area (and connecting to Equity Priority Communities, if applicable), emphasizing capital or service improvements, a jurisdiction must submit at least one of the following: • Adopted PDA, Specific, Precise or Area plan(s) that include a station access or circulation element (submit access/circulation element only, or include link to adopted plan with specific page numbers that reference access/circulation element). • Transit agency station access plans. However, if these plans have not been completed for the TOC area, a jurisdiction may submit: • Adopted active transportation, bicycle or pedestrian plan(s) that include recommended access improvements to/from the TOC area. • Applicable sections of General Plan Circulation Element that highlight specific elements that guide or inform station access improvements. 458 Page 42 of 42 Jurisdiction-wide or county-wide documents such as active transportation, bicycle, pedestrian plans or General Plan Circulation Elements may only be submitted as evidence of compliance if they include details for specific improvements within the TOC area and should be noted upon submittal. MTC staff will work with local jurisdictions to streamline the process for verifying compliance in locations with overlapping TOC areas. Mobility Hubs: To comply with the Mobility Hub planning and implementation requirement, jurisdictions must submit any current plans or projects that enhance the TOC area as a community anchor enabling travelers of all backgrounds and abilities to access transit and other forms of shared transportation. Enhancements may include (but are not limited to) safety improvements, bike parking, electric charging infrastructure (bikes, scooters, carshare), public realm improvements (e.g., lighting, green infrastructure), information improvements (e.g., wayfinding, real-time information) or any other active transportation access improvements within the TOC area. If the documents submitted to comply with the access requirements listed above contain plans for or implement these enhancements, they must be specifically noted to comply with this Mobility Hubs requirement; OR List any current or prior funding application for MTC’s Mobility Hub Program for the TOC area. Include the date of application submission. MTC staff will work with local jurisdictions to streamline the process for verifying compliance in locations with overlapping TOC areas. Available Resources for Station Access and Circulation Complete Streets and Active Transportation • MTC’s Complete Streets webpage • MTC’s Regional Active Transportation Plan webpage • MTC’s Community-Based Transportation Plans webpage Access Gap Analyses • San Mateo Transit-Oriented Development Pedestrian Access Plan • Irvington Station Area Plan, Access & Mobility Chapter • Berkeley El Cerrito Corridor Access Plan Mobility Hubs • MTC’s Mobility Hubs webpage • MTC’s Mobility Hubs Technical Assistance webpage 459 Page 1 of 61 Appendix A: TOC Policy Housing and Commercial Stabilization Policy Requirements Affordable housing policies are typically designed for specific income groups. MTC recognizes that different income and rent limits are imposed by different state and federal programs, and it is not the intent of the TOC Policy to create new requirements. This document generally refers to policies intended to target “lower-income” and/or “moderate-income” households. For reference, state law (Health and Safety Code, section 50079.5) defines “lower-income” as households earning less than 80% of Area Median Income (AMI), and state law (Health and Safety Code, section 50093) defines “moderate-income” as households earning between 80% and 120% of AMI. Where the TOC Policy or this document discuss policies serving lower-income households, jurisdictions are free to design policies that serve any income group earning less than 80% of AMI, including very low-income (30% to 50% of AMI) and extremely low-income (0% to 30% of AMI) households. Similarly, policies serving lower- and moderate-income households can serve any income group below 120% of AMI. I. Affordable Housing Production Policy Options To comply with the TOC Policy, a jurisdiction must adopt at least two of the affordable housing production policies listed below: • Production Policy 1: Inclusionary Zoning • Production Policy 2: Affordable Housing Funding • Production Policy 3: Affordable Housing Overlay Zones • Production Policy 4: Public Land for Affordable Housing • Production Policy 5: Ministerial Approval • Production Policy 6: Public/Community Land Trusts (This policy may fulfill either the housing production or preservation requirement, but not both.) • Production Policy 7: Development Certainty and Streamlined Entitlement Process. A jurisdiction may meet the requirements with existing adopted policies, or as needed, adopt new policies by the TOC Policy compliance deadline. At minimum, policies must apply in TOC areas. Jurisdictions may choose to apply policies beyond the TOC area(s), which could include the entirety of the jurisdiction (i.e., adopting a jurisdiction- wide policy). See Section 2 of the guidance document for more information about these requirements. 460 Page 2 of 61 Production Policy 1: Inclusionary Zoning Description from TOC Policy Resolution: Requires that 15% of units in new residential development projects above a certain number of units be deed-restricted affordable to low-income 1 households. A lower percentage may be adopted if it can be demonstrated by a satisfactory financial feasibility analysis that a 15% requirement is not feasible. Purpose Inclusionary zoning requires new residential construction projects to contribute to a jurisdiction’s affordable housing stock. Inclusionary zoning can enable jurisdictions to leverage private dollars for affordable housing, bringing affordable units online faster and in greater numbers than relying exclusively on public funding streams. Inclusionary zoning also helps ensure new affordable housing units are developed in the same neighborhoods as new market-rate development, furthering the goal of economic integration. Typically, a city or county will adopt an inclusionary zoning policy to both add more affordable homes to its inventory and ensure lower-income households can live in high- opportunity neighborhoods where they would otherwise be priced out. Inclusionary zoning can be a method to address historic patterns of exclusion and segregation by ensuring housing is available for lower-wage workers, guarding against concentrations of poverty and affluence, and making it possible for lower-income households to live in higher-resource neighborhoods. An effective inclusionary zoning policy will establish affordability requirements and standards for affordable units, as well as provide incentives and compliance alternatives for developers. Relevant State Law AB 1505 (2017) AB 1505 (2017) outlines state requirements for a jurisdiction’s inclusionary zoning ordinance. The law requires jurisdictions to allow alternative means to comply with requirements, such as in-lieu fees, building affordable units off-site, or dedicating land for the construction of affordable housing. Under certain circumstances, the law also allows HCD to review a local ordinance that requires more than 15% affordable units.2 Requirements for TOC Policy Compliance To comply with the TOC Policy, a jurisdiction’s inclusionary zoning policy must meet the following minimum requirements: 1 In some contexts, state and federal agencies use the term “low-income” to refer to the more specific category of households earning between 50% of AMI and 80% of AMI. However, the use of the term “low- income households” in MTC Resolution No. 4530 is assumed to be synonymous with the broader category of “lower-income,” or all households below 80% of AMI. 2 For more information about Assembly Bill (AB) 1505 (2017) and the state legal framework governing inclusionary zoning policies, see this guidance provided by the California Department of Housing and Community Development. 461 Page 3 of 61 • The policy must apply to newly constructed residential or mixed-use residential projects. The policy must apply to ownership and rental units. • The policy may exempt properties with fewer than 11 units, student housing, 100% affordable housing, senior housing, or other special housing types. • The policy must require at least 15% of units be deed-restricted affordable housing units. • For rental units, the policy’s affordability requirements must require the income mix of affordable units to average out to 80% of AMI or less, with no affordable rental units available to households above 120% of AMI. For ownership units, the policy’s affordability requirements must require the income mix of affordable units to average out to 120% of AMI or less, with no affordable ownership units available to households above 150% of AMI. Jurisdictions should require deeper levels of affordability where feasible or through offering additional incentives. A policy with an income mix that does not meet this standard will not be considered compliant, even if the policy was based on a financial feasibility analysis. • The policy may require less than 15% affordable units if: o The jurisdiction provides an analysis showing that an alternative requirement is economically equivalent to the 15% standard (for example, a policy that required fewer units at a deeper affordability level, such as 10% of units affordable to households earning less than 50% of AMI). OR o A financial feasibility analysis (completed within 24 months of the date that inclusionary zoning policy was adopted) found that a 15% requirement was not feasible. • The policy may require more than 15% affordable units.3 • Affordable units must have recorded documents that set binding maximum rent or price restrictions to ensure affordability. These requirements must restrict rents and sales prices to affordable levels as defined by the rules of any applicable state or federal affordable housing program. These restrictions must also ensure affordability for at least 55 years for rental housing or at least 45 years for ownership housing. • Per state law, inclusionary zoning must allow for alternative means of compliance (e.g., paying in-lieu fees to support affordable housing development, building affordable units off-site, or dedicating land for the construction of affordable housing). For compliance with the TOC Policy, a jurisdiction with an in-lieu fee that typically results in a payment of less than $100,000 per affordable unit, must provide a justification for why the fee will result in at least as many restricted affordable housing units as would be required of a project providing onsite units. 3 State Law (AB 1550) allows HCD to request a feasibility study for requirements greater than 15%, but does not require that such a feasibility study be completed prior to adoption of the ordinance. 462 Page 4 of 61 Submitting Additional Required Documentation In addition to the standard submission requirements, a jurisdiction must submit: • If the inclusionary zoning policy requires less than 15% affordable units, an analysis showing economic equivalency of the alternative standard (e.g., fewer units at deeper levels of affordability) or a financial feasibility analysis showing a 15% requirement is not feasible for the jurisdiction’s local market conditions. MTC has developed a spreadsheet illustrating the analysis of economic equivalency. Jurisdictions may fill in the template spreadsheet or create/commission a comparable analysis to show that the jurisdiction’s requirements are comparable to the cost of providing 15% of rental units affordable to 80% of AMI and/or 15% or ownership units to 120% of AMI. • If the policy allows payment of an in-lieu fee, documentation (e.g., municipal ordinance citation or program guidelines) demonstrating that the fee will typically exceed $100,000 per required onsite affordable unit. MTC has developed a spreadsheet to help determine whether an in-lieu fee is equivalent to at least $100,000 per require onsite affordable unit. If the in-lieu fee paid per affordable unit is typically less than $100,000, the jurisdiction must provide an analysis showing the in-lieu fee will be sufficient to produce at least as many restricted affordable housing units as the number that would have been required for onsite compliance. • A management plan that outlines procedures for annual monitoring to ensure residents are income-eligible and rents are consistent with program guidelines. Production Policy 2: Affordable Housing Funding Description from TOC Policy Resolution: Dedicated local funding for production of deed- restricted affordable housing. Purpose Dedicated, ongoing funding provided by local jurisdictions for the creation of deed- restricted affordable housing is a central piece of a comprehensive and inclusive affordable housing strategy. In addition to helping to make projects financially feasible, local financial support is a critical factor in securing outside subsidy. Without local funding, it can be difficult for projects to compete for the necessary state and federal funding. These funds are often collected into a housing trust fund or other dedicated account to be dispersed as subsidies and/or low-cost loans to developers. Effective affordable housing funding programs will pool and disperse funds, which are made available to developers through a single application process. Requirements for TOC Policy Compliance To comply with the TOC Policy, a jurisdiction’s affordable housing funding program must meet the following minimum requirements: 463 Page 5 of 61 • The jurisdiction must have a program with secured funding4 that provides ongoing allocations to the program at or above the level identified in Appendix B. The amount contributed can vary by year as long as the total for the relevant four-year OBAG cycle meets the specified target for the jurisdiction. • Funding must be locally generated. o Potential local funding sources include commercial linkage fees and housing impact fees, taxes (such as an employee head tax or real estate transfer tax), local bond measures, successor agency funds, business/gross receipts tax on rental property, and general fund allocations. o Jurisdictions may include county or regional bond funds expended with the jurisdiction’s participation on affordable housing projects within its boundaries. o Jurisdictions may include grants from philanthropic organizations or private contributions made by businesses or individuals. o In-kind contributions to developments in the form of fee waivers for building permit fees, impact fees, and other fees can also be counted toward the required amount of local affordable housing funding. Staff hours are not eligible for consideration. o If a jurisdiction is also using inclusionary zoning (Production Policy 1) for the TOC Policy’s production requirement, funding generated by collecting in-lieu fees from inclusionary zoning cannot be counted toward the funding minimums required for this affordable housing funding policy (Production Policy 2). If the jurisdiction has inclusionary zoning but does not use it to satisfy the TOC Policy's affordable housing production requirement, the funding generated by collecting in-lieu fees may be counted towards satisfying Production Policy 2. o NOTE: Federal and state funding (such as HOME/CDBG or PLHA) that is passed through a jurisdiction is not counted as local funding. • Jurisdictions that have an existing balance in a housing funding program when submitting final documentation for TOC Policy compliance may count existing funds toward the required total so long as funds are available for expenditure during the four-year planning period (anticipated to align with the OBAG cycle). • Jurisdictions that have committed affordable housing funds prior to submitting final documentation for TOC Policy compliance may count expended funds 4 Secured Funding: Housing program funds may be considered secured if they are included in a current budget from a source that is expected to continue and where the use of these funds for the program can be reasonably expected to be approved in subsequent years. The subsequent years’ funding may require future budget approvals or may be dependent on uncertain but expected revenue sources, so long as there is not a known sunset date or other limit. For bond proceeds or other one-time investments, funding can be considered secured if it will be available for investment at the required level at any point in the four-year planning period, expected to align with the OBAG cycle. 464 Page 6 of 61 toward the required total so long as at least one of the following conditions is met: o The funds are used to support a project or program occurring during the relevant four-year OBAG cycle (e.g., funds are committed to an affordable housing project that will be constructed during the OBAG 4 cycle sometime between 2026 and 2030). AND/OR o The funds are expended after January 1, 2025. • The program must establish a standard set of financing terms, including affordability requirements. The program’s affordability requirements must define affordable units as rental housing available to lower-income households earning 80% of AMI or less, and ownership housing to lower- and moderate-income households earning 120% of AMI or less. Jurisdictions should incentivize deeper levels of affordability where feasible or through offering additional incentives. • Affordable units must have recorded documents that set binding maximum rent or price restrictions to ensure affordability. These requirements must restrict rents and sales prices to affordable levels as defined by the rules of any applicable state or federal affordable housing program. These restrictions must also ensure affordability for at least 55 years for rental housing and at least 45 years for ownership housing. Submitting Additional Required Documentation In addition to the standard submission requirements, a jurisdiction must submit: • A copy of the program’s financing terms if they are not included in an ordinance or other documents establishing the program. Financing terms must indicate the income limits/affordability levels and required affordability period, and the terms must identify a legal mechanism for enforcement of affordable housing requirements (e.g., deed restriction, regulatory agreement, etc.). • Documents demonstrating the jurisdiction has secured funding that meets the minimum requirements for being considered “secured.” • A schedule of expected funding allocated to the program over the four-year period. MTC understands that projections of future funding may be imprecise, and the expectation is that a jurisdiction will provide a reasonable projection of future funding based on the best information available at the time of submitting compliance documentation to MTC. At the end of the four-year planning period (expected to align with the OBAG cycle), MTC will expect documentation of actual funding received by the program and invested in projects, which may differ from initial projections. 465 Page 7 of 61 Production Policy 3: Affordable Housing Overlay Zones Description from TOC Policy Resolution: Area-specific incentives, such as density bonuses and streamlined environmental review, for development projects that include at least 15% of units as deed-restricted affordable housing; exceeds any jurisdiction-wide inclusionary requirements or benefits from state density bonus. Purpose Changes to local land use law and other regulatory reforms can both enable and incentivize the construction of affordable housing. Zoning incentives can increase the cost-effectiveness of building affordable homes. An Affordable Housing Overlay Zone (AHOZ) is a general term reflecting a variety of potential approaches that provide a package of incentives to developers who include units in their projects that are affordable to lower-income households. They are called “overlay” zones because they layer on top of established base zoning regulations, offering additional benefits to projects that increase the supply of affordable homes. AHOZ incentives may include increased density, relaxed height limits, reduced parking requirements, fast-tracked permitting, and exemptions from mixed-use requirements. AHOZs are a mechanism through which cities can incentivize affordable housing development to specific zones. In addition, jurisdictions can expedite the approval and permit processes for affordable housing projects. Unlike inclusionary zoning policies that require either the building of affordable housing or the payment of an in-lieu fee, AHOZs are optional and incentive-based, offering developers key concessions in exchange for producing affordable housing. An effective AHOZ policy will provide meaningful incentives to projects that provide affordable housing and establish minimum affordability requirements at levels that reflect the jurisdiction’s need. Relevant State Laws State Density Bonus Law State law (California Government Code Chapter 4.3 Density Bonuses and Other Incentives) dictates that a developer who meets certain requirements is entitled to a density bonus, including up to a 50% increase in density depending on the amount of affordable housing provided, and an 80% increase for completely affordable projects. This law includes incentives such as reduced parking requirements and concessions for reduced setbacks and minimum square footage requirements.5 SB 35 (2017) and SB 423 (2023) SB 35 (2017) dictates that a developer can request a streamlined, ministerial approval process for multifamily developments which include specified levels of affordable 5 For more information, including the full density bonus chart that outlines the percentage density bonus given for each level of affordability, see this guide on state Density Bonus Law prepared by Meyers Nave Legal Services. 466 Page 8 of 61 housing in jurisdictions that have not met their prorated Regional Housing Needs Allocation (RHNA). Projects that comply with the jurisdiction’s objective design standards and existing zoning are exempt from California Environmental Quality Act (CEQA) review and public hearings. Depending on the number of units, the timeline for determining eligibility is either 60 or 90 days and the final decision must be issued between 90 and 180 days from application submittal.6 SB 423 (2023) extends SB 35’s streamlined, ministerial approval process for qualifying multifamily developments until January 1, 2036. SB 423 also expands some provisions of SB 35, such as applying SB 35 to previously exempted coastal zone areas that are already zoned for housing. Requirements for TOC Policy Compliance Note: Production Policy 3 (Affordable Housing Overlay Zones), Production Policy 5 (Ministerial Approval), and Production Policy 7 (Development Certainty and Streamlined Entitlement Process) are related and contain overlapping requirements. As a result, jurisdictions may only count one of these policies for the purpose of TOC compliance for production policies. To comply with the TOC Policy, a jurisdiction’s AHOZ policy must meet the following minimum requirements: • The AHOZ policy must offer incentives for projects with at least 15% affordable housing. The policy’s required share of affordable units must exceed any jurisdiction-wide inclusionary zoning requirements and what is otherwise incentivized by state law for any given income category. The policy could incentivize any higher proportion of affordable housing up to and including 100% (e.g., only provide incentives to 100% affordable projects). • To incentivize greater shares of affordability than otherwise incentivized by State Law, the AHOZ policy must provide qualifying projects with greater development potential in the form of: o Density bonus: the policy must offset greater affordability with residential density greater than what is available under the state Density Bonus Law. o Additional “concessions” or “incentives”: the policy must provide qualifying projects with at least one additional “concession” or “incentive” than what is already available under the state Density Bonus Law. Incentives or concessions could include ministerial approval, some other form of streamlining, or modifications to other planning code requirements. Incentives and concessions must result in an actual and identifiable cost reduction for the project. 6 For more information, see this fact sheet on Senate Bill 35 prepared by the City of San Leandro. 467 Page 9 of 61 • The policy’s affordability requirements must define affordable units as rental housing available to lower-income households earning 80% of AMI or less, and ownership housing to lower- and moderate-income households earning 120% of AMI or less. Jurisdictions should require deeper levels of affordability where feasible or through offering additional incentives. • Affordable units must have recorded documents that set binding maximum rent and price restrictions to ensure affordability. These requirements must restrict rents and sales prices to affordable levels as defined by the rules of any applicable state or federal affordable housing program. These restrictions must also ensure affordability for at least 55 years for rental housing and at least 45 years for ownership housing. Production Policy 4: Public Land for Affordable Housing Description from TOC Policy Resolution: Policies to prioritize the reuse of publicly owned land for affordable and mixed-income housing that go beyond existing state law, typically accompanied by prioritization of available funding for projects on these sites. Purpose High land costs can make it difficult to create new affordable housing for low- or moderate-income households, particularly in high-value, amenity-rich locations. Local jurisdictions can help overcome this obstacle by identifying public property (including surplus government agency property and tax delinquent/seized property) that can be repurposed for residential use and making it available to developers who commit to creating and maintaining ongoing affordability.7 Utilizing public land can increase feasibility for developing affordable housing. Jurisdictions may donate land; sell land at a deep discount; or transfer land using a below-market, long-term ground lease to affordable housing developers or community land trusts. Jurisdictions can also incentivize the use of public land for affordable housing through zoning, fee waivers, and/or permit streamlining. This policy tool can be used effectively in all communities and is particularly important in communities where vacant land appropriate for residential use is scarce. Effective actions to prioritize the reuse of publicly owned land for affordable housing will include creating an inventory of publicly owned sites, noticing practices aimed towards maximizing affordable housing development, and collaboration with other public agencies. Relevant State Law Surplus Lands Act The Surplus Lands Act (Government Code Sections 54220 – 54234) requires local agencies to make findings that property is either surplus or exempt surplus land before disposing of it. If the property is not exempt, the local agency must provide written 7 For more information, see the brief “Use of publicly owned property for affordable housing” prepared by Local Housing Solutions. 468 Page 10 of 61 notice to housing developers to give them the first chance to purchase and develop surplus agency-owned land for affordable housing. If one of these interested parties purchases the land, then at least 25% of units developed must be affordable. However, if 90 days pass without reaching an agreement with one of these interested parties, then the affordability requirement for whatever development occurs on the land is 15% if 10 or more residential units are developed. The Surplus Land Act also includes penalties for local agencies that violate the Act when disposing of surplus lands. Requirements for TOC Policy Compliance To comply with the TOC Policy, a jurisdiction must meet the following minimum requirements for prioritizing the reuse of publicly owned land for affordable housing:8 • The jurisdiction must have a program or policy in the Housing Element that describes the redevelopment of publicly owned land for affordable housing and aligns with the other requirements described below. o In the absence of a Housing Element policy/program, the jurisdiction must adopt a public lands policy that includes a set of principles and standards for planning, leasing, and disposing of publicly owned land, as well as a program of implementation actions. • The jurisdiction must provide evidence of a recent, ongoing, or planned housing development project on a public land site that meets the requirements of this policy. Though jurisdictions should prioritize affordable housing development on public land within the TOC area, a public lands project does not need to be within the TOC area to receive credit toward TOC Policy compliance. o If the jurisdiction does not have an ongoing or planned public lands project, staff must demonstrate that at least one publicly owned parcel in the jurisdiction has been deemed suitable for affordable housing development.9 • If the recent, ongoing, or planned housing development project on a public land site is not on land owned by the jurisdiction, the jurisdiction must provide evidence of financial support for the project. Financial support could be a grant/loan to the project or an in-kind contribution in the form of waivers for building permit fees, impact fees, and other fees. At their discretion, MTC staff may allow a jurisdiction to count a non-monetary benefit provided to a project in lieu of financial support. • For both rental and ownership projects, eligible developments on publicly owned land must exceed the Surplus Lands Act requirement to have at least 25% of units affordable to lower-income households earning 80% of AMI or less. Additional affordable units beyond the 25% for lower-income households can target both lower- and moderate-income households earning up to 120% of AMI. Jurisdictions 8 Any publicly owned sites used to demonstrate compliance with these requirements do not need to be deemed surplus under the Surplus Lands Act. 9 Jurisdictions should use the same standards as required by the Housing Element process for determining sites suitable for affordable housing development. 469 Page 11 of 61 should require higher percentages of affordable units and/or deeper levels of affordability where feasible or through offering additional incentives. • Affordable units must have recorded documents that set binding maximum rent or price restrictions to ensure affordability. These requirements must restrict rents and sales prices to affordable levels as defined by the rules of any applicable state or federal affordable housing program. These restrictions must also ensure affordability for at least 55 years for rental housing and at least 45 years for ownership housing. • Building on its Housing Element sites inventory and supplementary data provided by MTC/ABAG (if needed), the jurisdiction must create a comprehensive inventory of publicly owned sites to identify opportunities to produce affordable or mixed- income housing. The site inventory must include both land that qualifies as “surplus” under the Surplus Lands Act and other currently underutilized sites owned by the jurisdiction and other public agencies (e.g., state, county, and local agencies, as well as other public entities such as school districts). For more information about developing an inventory of publicly owned sites, see pages 9-11 of MTC/ABAG’s Public Lands Playbook. • The jurisdiction must demonstrate it has dedicated staff or consultant time for monitoring and advancing the public lands program, including periodic review and evaluation of the inventory of publicly owned sites suitable for affordable housing development, outreach to affordable housing developers, and updates to City Council/Board of Supervisors. Submitting Additional Required Documentation In addition to the standard submission requirements, a jurisdiction must submit: • A site inventory that meets the requirements described above. • At least one of the following: o Documentation of a Housing Element policy/program for public land redevelopment that meets the standards described above. OR o An adopted public lands policy that meets the requirements described above. • Evidence (such as an RFQ/RFP) of a recent, ongoing, or planned housing development project on public lands that meets the standards outlined above. o In the absence of an ongoing or planned public lands project, evidence that the jurisdiction has at least one publicly owned land site suitable for affordable housing development. • Documentation of dedicated staff or consultant for monitoring and advancing the public lands program or project, including anticipated full-time equivalent (FTE). 470 Page 12 of 61 Production Policy 5: Ministerial Approval Description from TOC Policy Resolution: Grant ministerial approval of residential developments that include, at a minimum, 15% affordable units if projects have 11 or more units, or that exceed inclusionary or density bonus affordability requirements and do not exceed 0.5 parking spaces per unit. Purpose “Ministerial approval” means a process for development approval involving little or no subjective judgment by a public official or commission. A public agency or commission merely ensures the proposed development meets all the objective zoning standards, objective subdivision standards, and objective design review standards in effect at the time the application is submitted to the local government. Developments under ministerial approval are exempt from the California Environmental Quality Act (CEQA), which eliminates the costs and time for environmental review.10 An effective ministerial approval policy will significantly reduce the turnaround time of housing projects by expediting the approval process, reduce development risk by providing more certainty in the approval process, and thereby lead to faster construction of housing with decreased carrying costs. Relevant State Laws SB 35 (2017) and SB 423 (2023) Jurisdictions that have not met their pro-rated Regional Housing Needs Allocation (RHNA) targets must offer a streamlined (ministerial) approval process for multi-family developments per SB 35. The ministerial approval process applies to infill developments that comply with existing residential and mixed-use zoning and objective design standards. Affordability requirements vary depending on the jurisdiction’s progress in meeting its RHNA targets or the submittal status of its Annual Progress Report. Developments of 10 units or fewer are not subject to the affordability requirements. Furthermore, jurisdictions cannot impose parking standards on developments within 0.5 miles of transit and other circumstances. While SB 35 only applies to jurisdictions that have not met their RHNA targets and for infill projects, language from SB 35 may be helpful for jurisdictions to include in their adopted ministerial approval policy. SB 423 (2023) extends SB 35’s streamlined, ministerial approval process for qualifying multifamily developments until January 1, 2036. SB 423 also expands some provisions of SB 35, such as applying SB 35 to previously exempted coastal zone areas that are already zoned for housing. State Density Bonus Law Government Code Chapter 4.3 Density Bonuses and Other Incentives states that eligible developments are entitled to a density bonus, including up to a 50% increase in density depending on the amount of affordable housing provided, and an 80% increase 10 For more information, see Caltrans’ overview of Chapter 34 - Exemptions to CEQA. 471 Page 13 of 61 for completely affordable projects. This law includes incentives such as reduced parking requirements and concessions for reduced setbacks and minimum square footage requirements.11 Requirements for TOC Policy Compliance Note: Production Policy 3 (Affordable Housing Overlay Zones), Production Policy 5 (Ministerial Approval), and Production Policy 7 (Development Certainty and Streamlined Entitlement Process) are related and contain overlapping requirements. As a result, jurisdictions may only count one of these policies for the purpose of TOC compliance for production policies. To comply with the TOC Policy, a jurisdiction’s ministerial approval policy must meet the following minimum requirements: • For projects with 11 or more units, the policy must do ONE of the following: o Grant ministerial approval to any project where at least 15% of units are deed-restricted affordable housing units. OR o Grant ministerial approval for projects whose share of affordable units exceeds any existing local inclusionary zoning requirements and provides more affordable housing units or deeper affordability than would be required under state density bonus rules (given the bonus density obtained by the project). • The policy’s affordability requirements must define affordable units as rental housing available to lower-income households earning 80% of AMI or less, and ownership housing to lower- and moderate-income households earning 120% of AMI or less. Jurisdictions should require deeper levels of affordability where feasible or through offering additional incentives. • Affordable units must have recorded documents that set binding maximum rent or price restrictions to ensure affordability. These requirements must restrict rents and sales prices to affordable levels as defined by the rules of any applicable state or federal affordable housing program. These restrictions must also ensure affordability for at least 55 years for rental housing and at least 45 years for ownership housing. • At minimum, jurisdictions must provide ministerial approval to projects with 11 or more units meeting the affordability standards described above. This does not preclude jurisdictions from applying ministerial approval to a broader range of projects, such as all multifamily housing regardless of affordability. 11 For more information, see this guide on the state Density Bonus Law prepared by Meyers Nave Legal Services, which includes the full density bonus chart that outlines the percentage density bonus given for each level of affordability. 472 Page 14 of 61 • Projects eligible for ministerial review cannot include more parking than is allowed by the parking space requirements outlined in Table 12 of MTC’s TOC Policy Administrative Guidance. Production Policy 6: Public/Community Land Trusts Description from TOC Policy Resolution: Investments or policies to expand the amount of land held by public- and non-profit entities such as co-operatives, community land trusts, and land banks with permanent affordability protections. This policy may be used to fulfill either the housing production or preservation requirement, but not both. Purpose Community Land Trusts (CLTs) are typically nonprofit organizations that acquire and steward land on behalf of community members. They contribute to the affordable housing stock by maintaining land ownership to ensure the housing built on land they own remains affordable to future renters or buyers. Community control of land through CLTs has high potential to prevent displacement in a variety of housing markets and around transit.12, 13 Land banks are public authorities or non-profit organizations occasionally created through local ordinances to acquire, hold, manage, and sometimes redevelop property to return these properties to productive use to meet community goals, such as increasing affordable housing.14, 15 Housing cooperatives are democratically controlled corporations established to provide housing for members. Limited Equity Housing Cooperatives offer long-term affordable homeownership opportunities for low- and moderate-income households. The development of these types of cooperatives is often funded with a combination of private and public funds.16 The acquisition and rehabilitation of housing by CLTs, land banks, and cooperatives can help preserve a range of housing types, stabilize housing costs, and expand housing choice for low- and moderate-income households.17 Support for CLTs, land banks, and cooperatives not only serves as an anti-displacement measure, but also represents a place-based community development strategy for disinvested neighborhoods and communities with concentrated poverty, as jurisdictions can provide funding for these entities to acquire and rehabilitate vacant and distressed properties or maintain existing 12 See Table 1. Literature Review Summary Table in White Paper on Anti-Displacement Strategy Effectiveness (Chapple and Loukaitou-Sideris, 2021). 13 Chapple et al. 2022. Examining the Unintended Effects of Climate Change Mitigation. Institute of Governmental Studies, UC Berkeley. 14 Local Housing Solutions. Land Banks. 15 Center for Community Progress. Land Bank FAQ’s. 16 California Center for Cooperative Development. Housing Co-ops. 17 Yelen, J. 2020. Preserving Affordability, Preventing Displacement. Enterprise Community Partners. 473 Page 15 of 61 affordable housing options. This policy intends to set aside funding for CLTs, land banks, and cooperatives to remove land from the speculative market and ensure long- term affordability. Requirements for TOC Policy Compliance To comply with the TOC Policy, a jurisdiction’s affordable housing production funding program focused on public/community land trusts must meet the following minimum requirements: • The jurisdiction must have a program with secured funding18 that provides ongoing allocations to the program at or above the level identified in Appendix B. The amount contributed can vary by year as long as the total for the relevant four-year OBAG cycle meets the specified target for the jurisdiction. • Funding must be locally generated. o Potential local funding sources include commercial linkage fees, housing impact fees (but see note below if the impact fees are part of an inclusionary zoning ordinance), taxes (such as an employee head tax or real estate transfer tax), local bond measures, successor agency funds, business/gross receipts tax on rental property, and general fund allocations. o Jurisdictions may include county or regional bond funds expended with the jurisdiction’s participation on affordable housing projects within its boundaries. o Jurisdictions may include grants from philanthropic organizations or private contributions made by businesses or individuals. o In-kind contributions to developments in the form of fee waivers for building permit fees, impact fees, and other fees can also be counted toward the required amount of local affordable housing funding. Staff hours are not eligible for consideration. o If a jurisdiction is also using inclusionary zoning (Production Policy 1) for the TOC Policy’s production requirement, funding generated by collecting in-lieu fees from inclusionary zoning cannot be counted toward the funding minimums required for this affordable housing funding policy (Production Policy 6). If the jurisdiction has inclusionary zoning but does not use it to satisfy the TOC Policy's affordable housing production requirement, the funding generated by collecting in-lieu fees may be counted towards satisfying Production Policy 6. 18 Secured Funding: Housing program funds may be considered secured if they are included in a current budget from a source that is expected to continue and where the use of these funds for the program can be reasonably expected to be approved in subsequent years. The subsequent years’ funding may require future budget approvals or may be dependent on uncertain but expected revenue sources, so long as there is not a known sunset date or other limit. For bond proceeds or other one-time investments, funding can be considered secured if it will be available for investment at the required level at any point in the four-year planning period, expected to align with the OBAG cycle. 474 Page 16 of 61 o NOTE: Federal and state funding (such as HOME/CDBG or PLHA) that is passed through a jurisdiction is not counted as local funding. • Jurisdictions that have an existing balance in a housing funding program when submitting final documentation for TOC Policy compliance may count existing funds toward the required total so long as funds are available for expenditure during the four-year planning period (anticipated to align with the OBAG cycle). • Jurisdictions that have committed affordable housing funds prior to submitting final documentation for TOC Policy compliance may count expended funds toward the required total so long as at least one of the following conditions is met: o The funds are used to support a project or program occurring during the relevant four-year OBAG cycle (e.g., funds are committed to a CLT to use for affordable housing production during the OBAG 4 cycle sometime between 2026 and 2030). AND/OR o The funds are expended after January 1, 2025. • The funding program must establish a standard set of financing terms, including affordability requirements. The program’s affordability requirements must define affordable units as rental housing available to lower income households earning 80% of AMI or less, and ownership housing to lower- and moderate-income households earning 120% of AMI or less. Jurisdictions should require deeper levels of affordability where feasible or through offering additional incentives. • Affordable units must have recorded documents that set binding maximum rent or price restrictions to ensure affordability. These requirements must restrict rents and sales prices to affordable levels as defined by the rules of any applicable state or federal affordable housing program. These restrictions must also ensure affordability for at least 55 years for rental housing and at least 45 years for ownership housing. • The program’s funds must be reserved for CLTs and/or cooperatives to use for affordable housing production, or the jurisdiction or other public entities can use the funding to acquire and hold property that will be used for production of affordable housing. • NOTE: A jurisdiction whose policy meets the minimum requirements above cannot also count this policy for credit for Production Policy 2 (Affordable Housing Funding). However, if a jurisdiction has a funding program that meets requirements for Production Policy 2, and if this program additionally has set asides for public/community land trusts that meet the funding listed in Appendix B, then the program can also receive credit for Production Policy 6 (Public/Community Land Trusts). For example, a Tier A jurisdiction that has a production program with $2,000,000 in secured funding during the relevant four- year OBAG cycle would receive credit for both Production Policy 1 and Production 475 Page 17 of 61 Policy 6 if the program has a set aside for CLTs of $1,000,000, as these amounts meet the $1,000,000 four-year minimum for both policies. Submitting Additional Required Documentation In addition to the standard submission requirements, a jurisdiction must submit: • A copy of the program’s financing terms if they are not included in an ordinance or other documents establishing the program. Financing terms must indicate the income limits/affordability levels and required affordability period, and the terms must identify a legal mechanism for enforcement of affordable housing requirements (e.g., deed restriction, regulatory agreement, etc.) • Documents demonstrating the jurisdiction has secured funding that meets the minimum requirements for being considered “secured.” • A schedule of expected funding allocated to the program over the four-year period. MTC understands that projections of future funding may be imprecise, and the expectation is that a jurisdiction will provide a reasonable projection of future funding based on the best information available at the time of submitting compliance documentation to MTC. At the end of the 4-year planning period (expected to align with the OBAG cycle), MTC will expect documentation of actual funding received by the program and invested in projects, which may differ from initial projections. Production Policy 7: Development Certainty and Streamlined Entitlement Process Description from TOC Policy Resolution: Include the vested rights and five hearing limit provisions currently outlined in SB330 (2019, Skinner) without a sunset date. Purpose In some cities, towns, and counties, the process associated with obtaining approval for new construction is so time-consuming or costly that it dampens the amount of new development and adds significantly to its costs. Permit streamlining and other improvements in the regulatory environment can make cities more attractive to developers of both market-rate and affordable housing, helping to increase the housing supply over the long term and moderate price increases.19 Relevant State Law Housing Crisis Act of 2019 The Housing Crisis Act of 2019 was established by SB 330 (2019) and amended by SB 8 (2021). State law establishes vested rights through a preliminary application—a project is only subject to the ordinances, policies, and standards adopted and in effect 19 For more information, see the brief “Streamlined permitting processes” prepared by Local Housing Solutions. 476 Page 18 of 61 when this application is submitted. State law requires timely processing of housing permits that follow existing local zoning rules (must issue written determination of consistency with objective standards within 30 days for 150 or fewer units or 60 days for more than 150 units). SB 330 requires that no more than five total hearings be allowed for residential development projects and the final decision on a residential project must be made within 90 days after certification of an EIR for a development project, or 60 days for a development project where at least 49% of the units in the development are affordable to very low or low-income households. The Housing Crisis Act of 2019 has a sunset date of January 1, 2030. Requirements for TOC Policy Compliance Note: Production Policy 3 (Affordable Housing Overlay Zones), Production Policy 5 (Ministerial Approval), and Production Policy 7 (Development Certainty and Streamlined Entitlement Process) are related and contain overlapping requirements. As a result, jurisdictions may only count one of these policies for TOC compliance for production policies. However, if a jurisdiction implements all provisions from SB 330/SB 8 without a sunset date, then the jurisdiction meets the standards required by and can claim credit for both Production Policy 7 (Development Certainty and Streamlined Entitlement Process) and Protection Policy 2 (No Net Loss and Right to Return to Demolished Homes). To comply with the TOC Policy, a jurisdiction’s development certainty and streamlined entitlement policy must meet the following minimum requirements: • Adopt a local ordinance with no sunset date that provides the vested rights and five hearing limit provisions from SB 330. • Adopt Protection Policy 2: No Net Loss and Right to Return to Demolished Homes, unless preempted by state or federal law. o If a jurisdiction does not adopt Protection Policy 2, staff must provide a detailed analysis of how the jurisdiction otherwise prevents displacement and protects tenants in areas where development certainty and streamlined approvals are available. II. Affordable Housing Preservation Policy Options To comply with the TOC Policy, a jurisdiction must adopt at least two of the affordable housing preservation policies listed below: • Preservation Policy 1: Funding to Preserve Unsubsidized Affordable Housing • Preservation Policy 2: Tenant/Community Opportunity to Purchase • Preservation Policy 3: Single-Room Occupancy (SRO) Preservation • Preservation Policy 4: Condominium Conversion Restrictions • Preservation Policy 5: Public/Community Land Trusts (This policy may fulfill either the housing production or preservation requirement, but not both.) 477 Page 19 of 61 • Preservation Policy 6: Funding to Support Preservation Capacity • Preservation Policy 7: Mobile Home Preservation • Preservation Policy 8: Preventing Displacement from Substandard Conditions and Associated Code Enforcement Activities (This policy may fulfill either the housing preservation or protection requirement, but not both.) A jurisdiction may meet the requirements with existing adopted policies or as needed, adopt new policies by the TOC Policy compliance deadline. At minimum, policies must apply in TOC areas. Jurisdictions may choose to apply policies beyond the TOC area(s), which could include the entirety of the jurisdiction (i.e., adopting a jurisdiction- wide policy). See Section 2 of the guidance document for more information about these requirements. Preservation Policy 1: Funding to Preserve Unsubsidized Affordable Housing Description from TOC Policy Resolution: Public investments to preserve unsubsidized housing affordable to lower- or moderate-income residents (sometimes referred to as "naturally occurring affordable housing”) as permanently affordable. Purpose Most lower-income households in the Bay Area rent in the private market without any form of housing assistance. The private market properties offering rents that lower- income people can afford without subsidy are known as unsubsidized or “naturally occurring” affordable housing. Without subsidy, lower-income tenants are particularly vulnerable to rent increases as well as poorly maintained housing, and in the Bay Area’s competitive housing market these properties may be targeted by investors seeking to update units and raise rents. Lower-income homeowners are also vulnerable to market pressures that can result in displacement and loss of affordable homes. Preservation programs for unsubsidized affordable housing typically engage community organizations to help identify and monitor at-risk properties while also providing funding to support rehabilitation needs as well as acquisition and conversion to long-term affordable housing. Effective public investments to preserve unsubsidized housing will have funds available to secure unsubsidized affordable housing (rental or ownership), eligibility criteria for receiving funds, regulatory restrictions to maintain affordability of preserved units, and an anti-displacement strategy for existing tenants. Requirements for TOC Policy Compliance To comply with the TOC Policy, a jurisdiction’s funding program to preserve unsubsidized affordable housing must meet the following minimum requirements: • The jurisdiction has at least one funding program dedicated to the preservation of existing affordable housing, where preservation of unsubsidized affordable housing is explicitly identified as an eligible use. 478 Page 20 of 61 • The jurisdiction must have a program with secured funding20 that provides ongoing allocations to the program at or above the level identified in Appendix B. The amount contributed can vary by year as long as the total for the relevant four-year OBAG cycle meets the specified target for the jurisdiction. • Funding must be locally generated. o Potential local funding sources include commercial linkage fees, housing impact fees (but see note below if the impact fees are part of an inclusionary zoning ordinance), taxes (such as an employee head tax or real estate transfer tax), local bond measures, successor agency funds, business/gross receipts tax on rental property, and general fund allocations. o Jurisdictions may also include county or regional bond funds expended with the jurisdiction’s participation on preservation projects within its boundaries. o Jurisdictions may include grants from philanthropic organizations or private contributions made by businesses or individuals. o When relevant, in-kind contributions to developments in the form of fee waivers for building permit fees, impact fees, and other fees can also be counted toward the required amount of local affordable housing funding. Staff hours are not eligible for consideration. o If a jurisdiction is also using inclusionary zoning (Production Policy 1) for the TOC Policy’s production requirement, funding generated by collecting in-lieu fees from inclusionary zoning cannot be counted toward the funding minimums for this policy (Preservation Policy 1). If the jurisdiction has inclusionary zoning but does not use it to satisfy the TOC Policy's affordable housing production requirement, the funding generated by collecting in-lieu fees may be counted toward satisfying Preservation Policy 1. o NOTE: Federal and state funding (such as HOME/CDBG or PLHA) that is passed through a jurisdiction is not counted as local funding. • Jurisdictions that have an existing balance in a housing preservation funding program when submitting final documentation for TOC Policy compliance may count existing funds toward the required total so long as funds are available for expenditure during the four-year planning period (anticipated to align with the OBAG cycle). • Jurisdictions that have committed affordable housing preservation funds prior to submitting final documentation for TOC Policy compliance may count expended 20 Secured Funding: Housing program funds may be considered secured if they are included in a current budget from a source that is expected to continue and where the use of these funds for the program can be reasonably expected to be approved in subsequent years. The subsequent years’ funding may require future budget approvals or may be dependent on uncertain but expected revenue sources, so long as there is not a known sunset date or other limit. For bond proceeds or other one-time investments, funding can be considered secured if it will be available for investment at the required level at any point in the four-year planning period, expected to align with the OBAG cycle. 479 Page 21 of 61 funds toward the required total so long as at least one of the following conditions is met: o The funds are used to support a project or program occurring during the relevant four-year OBAG cycle (e.g., funds are committed to an unsubsidized affordable housing preservation project that will be completed during the OBAG 4 cycle sometime between 2026 and 2030). AND/OR o The funds are expended after January 1, 2025. • The jurisdiction must establish criteria for borrower eligibility that require funding recipients to have experience with affordable housing preservation. • The program must establish a standard set of financing terms, including affordability requirements. o For rental properties, the average rent for all units at each preserved property at the time of acquisition must be affordable to households earning no more than 80% of AMI. After acquisition, new residents must be income qualified and earn less than 120% of AMI, and the building must maintain an average income of no more than 80% of AMI. Existing residents of acquired buildings shall not be displaced, even if the household’s income exceeds the AMI thresholds noted above. o All ownership units preserved as affordable housing (e.g., a single-family home acquired by a community land trust) must be sold to lower- and moderate-income households earning 120% of AMI or less. o Units acquired through the program must have recorded documents that set binding maximum rent or price restrictions to ensure affordability. These requirements must restrict rents and sales prices to affordable levels as defined by the rules of any applicable state or federal affordable housing program. These restrictions must also ensure affordability for at least 55 years for rental housing and at least 45 years for ownership housing. Submitting Additional Required Documentation In addition to the standard submission requirements, a jurisdiction must submit: • A copy of the program’s eligibility and financing terms if they are not included in an ordinance or other documents establishing the program. These terms must indicate the criteria for borrower eligibility to ensure funding recipients have experience with affordable housing preservation, income limits/affordability levels and required affordability period, and the terms must identify a legal mechanism for enforcement of affordable housing requirements (e.g., deed restriction, regulatory agreement, etc.). • Documents demonstrating the jurisdiction has secured funding that meets the minimum requirements for being considered “secured.” 480 Page 22 of 61 • A schedule of expected funding to be received by the fund over the 4-year period. MTC understands that projections of future funding may be imprecise, and the expectation is that a jurisdiction will provide a reasonable projection of future funding based on the best information available at the time of submitting compliance documentation to MTC. At the end of the four-year planning period (expected to align with the OBAG cycle), MTC will expect documentation of actual funding received by the program and invested in projects, which may differ from initial projections. Preservation Policy 2: Tenant/Community Opportunity to Purchase Description from TOC Policy Resolution: Policies or programs that provide tenants or mission-driven nonprofits the right of first refusal to purchase a property at the market price when it is offered for sale, retaining existing residents and ensuring long-term affordability of the units by requiring resale restrictions to maintain affordability. Purpose A Tenant (or Community) Opportunity to Purchase Act (TOPA/COPA) policy can give tenants and nonprofits sufficient time to compete to purchase a property. TOPA/COPA policies aim to prevent displacement of lower-income communities, long-term renters, and other marginalized residents by preserving currently affordable housing and creating pathways for long-term affordability. A TOPA/COPA policy can also facilitate homeownership for tenants by creating limited equity housing cooperatives or other ownership models, enabling increased wealth building opportunities for communities who may have historically been denied access to homeownership. For these reasons, jurisdictions throughout the Bay Area have identified TOPA/COPA as key preservation tools to combat displacement.21 Effective TOPA/COPA policies will identify what housing types are subject to the policy, what organizations are qualified to purchase a property, noticing procedures for the sale of property, a consistent local funding source, a reasonable timeline to respond to the intent to sell, and an anti-displacement strategy for existing residents. Requirements for TOC Policy Compliance To comply with the TOC Policy, a jurisdiction’s TOPA and/or COPA policy must meet the following minimum requirements:22 • The jurisdiction can meet TOC Policy requirements with either a TOPA or COPA ordinance, or both. • The TOPA/COPA ordinance defines eligible and exempt properties. 21 Bay Area Housing Element Advocacy Working Group. “Leveraging the Housing Element to Advance Tenant & Community Opportunity to Purchase Policies.” 22 The requirements are derived from key components of: (1) OPA Policy described by Partnership for the Bay’s Future. 2022. Opportunity to Purchase Act Campaign Playbook (p.22) and (2) Public Advocates, “Key Considerations for Designing Tenant and Community Opportunity to Purchase Policies.” 481 Page 23 of 61 • The ordinance establishes the legal right of first refusal that gives tenants and/or nonprofits the first right to purchase a covered property. • The ordinance establishes timelines for notice of sale, offer period, time to close, and time to counter-offer under TOPA/COPA.23 Preservation Policy 3: Single-Room Occupancy (SRO) Preservation Description from TOC Policy Resolution: Limits the conversion of occupied SRO rental units to condominiums or other uses that could result in displacement of existing residents. Purpose Single Room Occupancy (SRO) units are a unique form of affordable rental housing that does not exist in all communities. SROs are generally comprised of small, furnished single rooms within multi-tenant buildings with shared kitchens and/or bathrooms. SROs do not typically require a security deposit, credit references, proof of income, or a long- term lease agreement. For these reasons, SROs have provided low-cost housing for vulnerable populations with unstable finances, very low incomes, or limited access to credit. In some cases, SROs are used as transitional housing for people who are in between more permanent housing arrangements. In the absence of preservation policies, housing market pressures leave SRO units vulnerable to demolition or conversion to tourist hotels, condominiums, or market-rate apartments, resulting in displacement and potential homelessness for low-income SRO residents. The purpose of SRO unit conversion regulations is to ensure the retention of existing SRO units and to assist SRO tenants that will be displaced by demolition, conversion, or rehabilitation of these units. An effective SRO preservation policy will limit the number of units that can be converted, ensure housing stability for SRO tenants, and monitor at-risk properties. Requirements for TOC Policy Compliance To receive compliance credit for this policy, a jurisdiction must have an existing supply of SRO buildings owned by private entities other than mission-driven nonprofit organizations. Due to the heightened vulnerability of both SRO housing stock and the residents who occupy it, a jurisdiction with an adopted SRO preservation policy that applies to all at-risk SROs may receive credit for this policy even if none of the SRO building are located within TOC areas. To comply with the TOC Policy, a jurisdiction’s SRO preservation policy must meet the following minimum requirements: 23 San Jose Community Opportunity to Purchase (COPA) Proposed Program Summary – January 2023 Update. 482 Page 24 of 61 • The policy must limit the number of SRO units approved to be converted in a given calendar year to no more than the number of equivalent rental units completed the previous calendar year. “Equivalent rental units” shall be defined as low-cost SRO units or any income-restricted housing affordable to households with incomes at 30% of AMI or less. • At the time of application for conversion of units, require applicants to produce a Tenant Relocation Assistance Plan24 spelling out tenant protections, benefits and required relocation payments for any temporarily or permanently displaced residents. • Exemptions to the conversion restrictions can be made for conversion of SRO buildings to 100% affordable units for tenants at 50% of AMI or less. However, affordable housing developers need to provide existing tenants with a first right of refusal for new units. Rents for these tenants must be based on their incomes, though rents for their units could reset at 50% of AMI upon turnover. Developers also need to produce the Tenant Relocation Assistance Plan referenced above for any temporarily or permanently displaced tenants. • If none of the at-risk SROs in a jurisdiction are located within a TOC area, then the jurisdiction must apply this policy jurisdiction-wide. Submitting Additional Required Documentation In addition to the standard submission requirements, a jurisdiction must submit documentation of the presence of SRO units owned by private entities other than mission-driven nonprofit organizations that would be protected by the policy. Preservation Policy 4: Condominium Conversion Restrictions Description from TOC Policy Resolution: Require that units converted to condominiums be replaced 1:1 with comparable rental units, unless purchased by current long-term tenants or converted to permanently affordable housing with protections for existing tenants. Purpose The conversion of rental housing to condominiums presents a risk to maintaining a supply of rental housing, which typically serves a wider range of households than ownership units in condominiums. Establishing criteria for the conversion of rental housing to condominiums can help preserve much-needed rental housing stock, reduce the risk of displacement of existing tenants in rental units, and ensure continued 24 Relocation Assistance Plan: A plan outlining the benefits and protections afforded to tenants to minimize displacement and support relocation, including at a minimum: no penalty for the tenant to terminate a lease, payment of tenant reasonable moving expenses, relocation assistance payments in an amount that is at least three times the monthly fair market rent of the unit that the resident is being relocated out of, and tenants that experience temporary displacement must be guaranteed protection against unreasonable rent increases upon returning to their unit. 483 Page 25 of 61 housing stability for tenants who are displaced in the event of conversions. Effective condominium conversion policies will include restrictions on conversion, right to purchase protections and relocation assistance, and the promotion of affordable housing through comparable replacement units. Relevant State Law Subdivision Map Act The Subdivision Map Act (Gov Code 66410-66424.6) requires developers to provide notices of condominium conversion to tenants at every stage of the process. Requirements for TOC Compliance To comply with the TOC Policy, a jurisdiction’s condominium conversion policy must meet the following minimum requirements: • Require 1-for-1 replacement of existing units with comparable rental units, when permitted by law. A program may allow or require replacement units be provided through payment of an in-lieu fee in an amount sufficient to mitigate the loss of rental housing that results from condominium conversions, in accordance with applicable law. Jurisdictions may allow the following exemptions to providing replacement units and/or paying the in-lieu fee: o Conversions where at least 90% of condominium units are purchased by current tenants. o Conversions to 100% housing units with long-term affordability restrictions for households earning 120% of AMI or less. • Provide existing tenants the first right to purchase a unit at the same price offered to the general public consistent with the Subdivision Map Act.25 • At the time of application for conversion of units, require applicants to produce a Tenant Relocation Assistance Plan26 spelling out tenant protections, benefits and required relocation payments for any temporarily or permanently displaced residents. Submitting Additional Required Documentation In addition to the standard submission requirements, a jurisdiction must submit: • A brief written explanation describing how the jurisdiction determined the in-lieu fee amount, including a justification for why the fee is sufficient to mitigate the loss of rental housing. 25 This is a right under the Subdivision Map Act (Gov Code 66410-66424.6). 26 Relocation Assistance Plan: A plan outlining the benefits and protections afforded to tenants to minimize displacement and support relocation, including at a minimum: no penalty for the tenant to terminate a lease, payment of tenant reasonable moving expenses, relocation assistance payments in an amount that is at least three times the monthly fair market rent of the unit that the resident is being relocated out of, and tenants that experience temporary displacement must be guaranteed protection against unreasonable rent increases upon returning to their unit. 484 Page 26 of 61 Preservation Policy 5: Public/Community Land Trusts Description from TOC Policy Resolution: Investments or policies to expand the amount of land held by public- and non-profit entities such as co-operatives, community land trusts, and land banks with permanent affordability protections. This policy may be used to fulfill either the housing production or preservation requirement, but not both. Purpose Community Land Trusts (CLTs) are typically nonprofit organizations that acquire and steward land on behalf of community members. They contribute to the affordable housing stock by maintaining land ownership to ensure the housing built on land they own remains affordable to future renters or buyers. Community control of land through CLTs has high potential to prevent displacement in a variety of housing markets and around transit.27, 28 Land banks are public authorities or non-profit organizations occasionally created through local ordinances to acquire, hold, manage, and sometimes redevelop property to return these properties to productive use to meet community goals, such as increasing affordable housing.29, 30 Housing cooperatives are democratically controlled corporations established to provide housing for members. Limited Equity Housing Cooperatives offer long-term affordable homeownership opportunities for low- and moderate-income households. The development of these types of cooperatives is often funded with a combination of private and public funds.31 The acquisition and rehabilitation of housing by CLTs, land banks, and cooperatives can help preserve a range of housing types, stabilize housing costs, and expand housing choice for lower-income households.32 Support for CLTs, land banks, and cooperatives not only serves as an anti-displacement measure but also represents a place-based community development strategy for disinvested neighborhoods and communities with concentrated poverty, as jurisdictions can provide funding for these entities to acquire and rehabilitate vacant and distressed properties or maintain existing affordable housing options. This policy intends to set aside funding for CLTs, land banks, and cooperatives to remove land from the speculative market and ensure long-term affordability. 27 See Table 1. Literature Review Summary Table in White Paper on Anti-Displacement Strategy Effectiveness (Chapple and Loukaitou-Sideris, 2021). 28 Chapple et al. 2022. Examining the Unintended Effects of Climate Change Mitigation. Institute of Governmental Studies, UC Berkeley. 29 Local Housing Solutions. Land Banks. 30 Center for Community Progress. Land Bank FAQ’s. 31 California Center for Cooperative Development. Housing Co-ops. 32 Yelen, J. 2020. Preserving Affordability, Preventing Displacement. Enterprise Community Partners. 485 Page 27 of 61 Relevant State Law SB 1079 (2020): Residential Property: Foreclosure SB 1097 (2020) grants “eligible bidders” including CLTs certain rights and priorities to make bids on a foreclosed property after the initial trustee sale and potentially to purchase it as the last and highest bidder. Requirements for TOC Policy Compliance To comply with the TOC Policy, a jurisdiction’s affordable housing preservation funding program focused on public/community land trusts must meet the following minimum requirements: • The jurisdiction must have a program with secured funding33 that provides ongoing allocations to the program at or above the level identified in Appendix B. The amount contributed can vary by year as long as the total for the relevant four-year OBAG cycle meets the specified target for the jurisdiction. • Funding must be locally generated. o Potential local funding sources include commercial linkage fees, housing impact fees (but see note below if the impact fees are part of an inclusionary zoning ordinance), taxes (such as an employee head tax or real estate transfer tax), local bond measures, successor agency funds, business/gross receipts tax on rental property, and general fund allocations. o Jurisdictions may include county or regional bond funds expended with the jurisdiction’s participation on preservation projects within its boundaries. o Jurisdictions may include grants from philanthropic organizations or private contributions made by businesses or individuals. o When relevant, in-kind contributions to developments in the form of fee waivers for building permit fees, impact fees, and other fees can also be counted toward the required amount of local affordable housing funding. Staff hours are not eligible for consideration. o If a jurisdiction is also using inclusionary zoning (Production Policy 1) for the TOC Policy’s production requirement, funding generated by collecting in-lieu fees from inclusionary zoning cannot be counted toward the funding minimums for this policy (Preservation Policy 5). If the jurisdiction has inclusionary zoning but does not use it to satisfy the TOC Policy's affordable housing production requirement, the funding generated by collecting in-lieu fees may be counted toward satisfying Preservation Policy 5. 33 Secured Funding: Housing program funds may be considered secured if they are included in a current budget from a source that is expected to continue and where the use of these funds for the program can be reasonably expected to be approved in subsequent years. The subsequent years’ funding may require future budget approvals or may be dependent on uncertain but expected revenue sources, so long as there is not a known sunset date or other limit. For bond proceeds or other one-time investments, funding can be considered secured if it will be available for investment at the required level at any point in the four-year planning period, expected to align with the OBAG cycle. 486 Page 28 of 61 o NOTE: Federal and state funding (such as HOME/CDBG or PLHA) that is passed through a jurisdiction is not counted as local funding. • Jurisdictions that have an existing balance in a housing preservation funding program for CLTs when submitting final documentation for TOC Policy compliance may count existing funds toward the required total so long as funds are available for expenditure during the four-year planning period (anticipated to align with the OBAG cycle). • Jurisdictions that have committed affordable housing preservation funds for CLTs prior to submitting final documentation for TOC Policy compliance may count expended funds toward the required total so long as at least one of the following conditions is met: o The funds are used to support a project or program occurring during the relevant four-year OBAG cycle (e.g., funds are committed to a CLT to use for acquiring and preserving an unsubsidized affordable housing property during the OBAG 4 cycle sometime between 2026 and 2030). AND/OR o The funds are expended after January 1, 2025. • The program’s funds must be reserved for CLTs and/or cooperatives to use for affordable housing preservation. • The jurisdiction must establish criteria for borrower eligibility that require funding recipients to have experience with affordable housing preservation. • The funding program must establish a standard set of financing terms, including affordability requirements. o For rental properties, the average rent for all units at each preserved property at the time of acquisition must be affordable to households earning no more than 80% of AMI. After acquisition, new residents must be income qualified and earn less than 120% of AMI, and the building must maintain an average income of no more than 80% of AMI. Existing residents of acquired buildings shall not be displaced, even if the household’s income exceeds the AMI thresholds noted above. o All ownership units preserved as affordable housing (e.g., a single-family home acquired by a community land trust) must be sold to lower- and moderate-income households earning 120% of AMI or less. o Units acquired through the program must have recorded documents that set binding maximum rent or price restrictions to ensure affordability. These requirements must restrict rents and sales prices to affordable levels as defined by the rules of any applicable state or federal affordable housing program. These restrictions must also ensure affordability for at least 55 years for rental housing and at least 45 years for ownership housing. 487 Page 29 of 61 • NOTE: A jurisdiction whose policy meets the minimum requirements above cannot also count this policy for credit for Preservation Policy 1 (Funding to Preserve Unsubsidized Affordable Housing). However, if a jurisdiction has a funding program that meets requirements for Preservation Policy 1, and if this program additionally has set asides for public/community land trusts that meet the funding amounts listed in Appendix B, then the program can also receive credit for Preservation Policy 5 (Public/Community Land Trusts). For example, a Tier A jurisdiction that has a preservation program with $800,000 in secured funding during the relevant four- year OBAG cycle would receive credit for both Preservation Policy 1 and Preservation Policy 5 if the program has a set aside for CLTs of $400,000, as these amounts meet the $400,000 four-year minimum for both policies. Submitting Additional Required Documentation In addition to the standard submission requirements, a jurisdiction must submit: • A copy of the program’s eligibility and financing terms if they are not included in an ordinance or other documents establishing the program. These terms must indicate the eligibility, income limits/affordability levels and required affordability period, and the terms must identify a legal mechanism for enforcement of affordable housing requirements (e.g., deed restriction, regulatory agreement, etc.) • Documents demonstrating the jurisdiction has secured funding that meets the minimum requirements for being considered “secured.” • A schedule of expected funding allocated to the program over the four-year period. MTC understands that projections of future funding may be imprecise, and the expectation is that a jurisdiction will provide a reasonable projection of future funding based on the best information available at the time of submitting compliance documentation to MTC. At the end of the 4-year planning period (expected to align with the OBAG cycle), MTC will expect documentation of actual funding received by the program and invested in projects, which may differ from initial projections. Preservation Policy 6: Funding to Support Preservation Capacity Description from TOC Policy Resolution: Dedicated local funding for capacity building or other material support for community land trusts (CLTs) or other community-based organizations (CBOs) engaged in affordable housing preservation. Purpose Capacity refers to an organization’s ability to deliver a service or product. For organizations such as CBOs and CLTs which are engaged in affordable housing preservation, capacity may refer to having adequate staffing, organizational knowledge, and material or financial resources to effectively preserve affordable housing. By providing capacity funding to smaller organizations such as CBOs and CLTs, these entities are better equipped to secure properties and financing necessary to preserve affordable housing in a competitive housing market. Key features of an effective funding 488 Page 30 of 61 source to support preservation capacity include pairing capital funds for preservation with grants for capacity building, established guidelines for eligible funding recipients, and supporting developer experience through joint-venture partnerships. Effective policies to support preservation capacity will commit to multi-year funding dedicated for CBOs and CLTs. Requirements for TOC Policy Compliance To comply with the TOC Policy, a jurisdiction’s funding to support preservation capacity must meet the following minimum requirements: • The jurisdiction must have a dedicated funding program with secured funding34 that supports capacity building for CLTs and CBOs for housing preservation work. Funding must maintain project management staffing for a minimum of four years at approximately 0.5 full-time equivalent (FTE). • The jurisdiction must define eligibility for financial awards to CLTs and CBOs. • Funding for the program can come from any source that allows supporting staff capacity as an eligible use of funds. Potential funding sources could include, but are not limited to, local housing trust funds, county funds, state and federal funds passed through the jurisdiction, grants from philanthropic organizations, and private contributions from businesses or individuals. • Jurisdictions that have an existing balance in a funding program to support preservation capacity when submitting final documentation for TOC Policy compliance may count existing funds toward the required total so long as funds are available for expenditure during the four-year planning period (anticipated to align with the OBAG cycle). • Jurisdictions that have committed funds to support preservation capacity prior to submitting final documentation for TOC Policy compliance may count expended funds toward the required total so long as at least one of the following conditions is met: o The funds are used to support a project or program occurring during the relevant four-year OBAG cycle (e.g., funds are committed to CBO or CLT to support project management staffing during the OBAG 4 cycle sometime between 2026 and 2030). AND/OR o The funds are expended after January 1, 2025. 34 Secured Funding: Housing program funds may be considered secured if they are included in a current budget from a source that is expected to continue and where the use of these funds for the program can be reasonably expected to be approved in subsequent years. The subsequent years’ funding may require future budget approvals or may be dependent on uncertain but expected revenue sources, so long as there is not a known sunset date or other limit. For bond proceeds or other one-time investments, funding can be considered secured if it will be available for investment at the required level at any point in the four-year planning period, expected to align with the OBAG cycle. 489 Page 31 of 61 • If a jurisdiction establishes a preservation funding program that meets requirements for Preservation Policy 1 (Funding to Preserve Unsubsidized Affordable Housing) and/or Preservation Policy 5 (Public/Community Land Trusts), the jurisdiction can use this program to also receive credit for Preservation Policy 6 (Funding to Support Preservation Capacity) if the program additionally has a set aside for capacity building that meets the requirements listed above. Submitting Additional Required Documentation In addition to the standard submission requirements, a jurisdiction must submit: • An explanation for how the jurisdiction determined the amount of funding necessary to maintain project management staffing for the four-year period. • A copy of the program’s eligibility criteria if they are not included in an ordinance or other documents establishing the program. • Documents demonstrating the jurisdiction has secured funding that meets the minimum requirements for being considered “secured.” • A schedule of expected funding allocated to the program over the four-year period. MTC understands that projections of future funding may be imprecise, and the expectation is that a jurisdiction will provide a reasonable projection of future funding based on the best information available at the time of submitting compliance documentation to MTC. At the end of the four-year planning period (expected to align with the OBAG cycle), MTC will expect documentation of actual funding received by the program and invested in projects, which may differ from initial projections. Preservation Policy 7: Mobile Home Preservation Description from TOC Policy Resolution: Policy or program to preserve mobile homes from conversion to other uses that may result in displacement of existing residents. Purpose Mobile home parks provide a distinct type of naturally occurring affordable housing, due to the size of mobile homes, the type of construction, and a unique dynamic where residents typically own their mobile homes but rent the lots under them from mobile home park owners. While state law extends certain protections to mobile home units, mobile home parks are increasingly being acquired by speculative investors for potential future redevelopment. Such market pressures pose displacement risks to mobile home residents, many of whom live on fixed incomes and have limited alternative affordable housing options. Accordingly, a strategy to prevent displacement and promote community stability for mobile home residents is to regulate and limit the conversion of mobile home parks, and support residents and community organizations in purchasing the park to preserve affordability. An effective Mobile Home Preservation policy or program will either limit conversions through zoning rules or provide significant relocation assistance for park residents in the event of a closure. 490 Page 32 of 61 Relevant State Law Mobile Home Residency Law The California Mobile Home Residency Law (California Civil Code Section 798 – 799.11) sets rules and regulations for mobile homes, specifically regulating the relationship between landlords and residents. The law states that in the case of a change of use of the park, the management must follow specific noticing requirements and appear before a local governmental board, commission, or body to request permits for a change of use. Requirements for TOC Compliance To receive compliance credit for this policy, a jurisdiction must demonstrate there is at least one mobile home park (as defined by California’s Mobile Home Park Act) within the jurisdiction. Due to the heightened vulnerability of mobile home parks and the residents who occupy them, a jurisdiction with an adopted mobile home preservation policy that applies to all mobile home parks may receive credit for this policy even if none of the parks are located within TOC areas. If none of the mobile home parks are located within a TOC area, then the jurisdiction must apply its policy jurisdiction-wide. To comply with the TOC Policy, a jurisdiction must adopt a mobile home preservation policy that meets the minimum standards for ONE of the following options: 1. Establish a Mobile Home Zoning District or Overlay Zone over existing mobile home parks which limits or prohibits the redevelopment of existing parks. o A jurisdiction may allow 100% affordable housing projects to be considered in this zone, conditionally permitted and after public hearings. If a jurisdiction chooses to do this: The policy’s affordability requirements must define affordable units as rental housing available to lower-income households earning 80% of Area Median Income (AMI) or less, and ownership housing to lower- and moderate-income households earning 120% of AMI or less. Jurisdictions should require deeper levels of affordability where feasible or through offering additional incentives. Affordable units must have recorded documents that set binding maximum rent or price restrictions to ensure affordability. These requirements must restrict rents and sales prices to affordable levels as defined by the rules of any applicable state or federal affordable housing program. These restrictions must also ensure affordability for at least 55 years for rental housing or at least 45 years for ownership housing. The ordinance must provide existing mobile home residents with the right to return to a unit in the new development. 491 Page 33 of 61 At the time of application for conversion of units, applicants must be required to produce a Resident Relocation Assistance Plan 35 spelling out tenant protections, benefits and required relocation payments for any temporarily or permanently displaced residents. 2. Adopt a Mobile Home Closure Ordinance that requires relocation assistance and conditional approval after public hearings. o The ordinance must require owners to produce at the time of application a Resident Relocation Assistance Plan 36 spelling out tenant protections, benefits, and required relocation payments for any displaced residents. Submitting Additional Required Documentation In addition to the standard submission requirements, a jurisdiction must submit documentation of the presence of at least one mobile home park within the jurisdiction. Preservation Policy 8: Preventing Displacement from Substandard Conditions and Associated Code Enforcement Activities Description from TOC Policy Resolution: Policies, programs, or procedures designed to minimize the risk of displacement caused by substandard conditions including through local code enforcement activities. This may include proactive rental inspection programs and assistance to landlords for property improvements in exchange for anti- displacement commitments. This policy may be used to fulfill either the housing preservation or protection requirement, but not both. Purpose Substandard conditions and physical deterioration represent a key threat to the region’s rental housing stock and unsubsidized affordable housing units. These conditions create health and safety risks for tenants and can lead to condemnation, abandonment, and/or demolition of housing units. The remediation of substandard conditions in unsubsidized affordable housing is not only necessary to preserve this housing but also represents an important anti-displacement strategy. Code enforcement programs need to ensure habitability issues and needs for substantial property repairs do not lead to the permanent displacement of tenants, which also requires maintaining housing stability for tenants during any temporary displacement necessary for repairs. Code enforcement and other programs to address substandard conditions need to be centered in an anti-displacement framework, otherwise these activities can lead to the immediate displacement of vulnerable tenants if properties are deemed uninhabitable. An effective program which prevents the loss of housing stock due to code issues 35 Resident Relocation Assistance Plan: A plan outlining the benefits and protections afforded to residents to minimize displacement and support relocation, including at a minimum: no penalty for the resident to terminate a lease, payment of reasonable moving expenses, and relocation assistance payments in an amount that is at least three times the monthly fair market rent of a unit comparable in size to the mobile home that the resident is being relocated out of. 36 See requirements detailed in previous footnote. 492 Page 34 of 61 provides public support to landlords and low-income homeowners to maintain their properties. Relevant State Law California Health and Safety Code (HSC) HSC Section 17920.3 provides a definition of a substandard building, which includes inadequate sanitation such as a lack of plumbing, ventilation, or heating; structural hazards such as deteriorated floors, walls, or ceilings; faulty weather protection such as defective waterproofing and windows; and so on. Section 17970 – 17972 requires that when a jurisdiction receives a complaint from a tenant, they must inspect the building, document any findings, prescribe a remedy to the property owner, and schedule a reinspection to verify the correction. Section 17980 – 17992 states that once a building is determined to be substandard, the enforcement agency of the jurisdiction cannot require the vacating of residents unless it concurrently requires expeditious demolition or repair to comply with state law. If the tenant cannot safely reside in their unit due to repair, state law requires a property owner to provide affected tenants with compensation for moving expenses; the value of property lost, stolen or damaged in the process of moving; and costs associated with connection charges imposed by utility companies for starting service. The relocation benefit also includes two months of the established fair market rent for the area as determined by the U.S. Department of Housing and Urban Development, and the property owner must return the full security deposit to the tenant. Requirements for TOC Compliance To comply with the TOC Policy, a jurisdiction must adopt a policy to prevent displacement from substandard conditions that meets the minimum standards for at least ONE of the following options: 1. Establish an amnesty program to waive fines and fees for property owners with occupied units constructed without the proper permits in exchange for bringing the unit into compliance with health and safety codes. o Prior to making repairs, the property owner must complete a tenant habitability plan describing how they will maintain habitability for the tenant and any adjacent units while repairs are being performed. If the tenant needs to be relocated for repairs, the plan discusses how the landlord will assist with temporary relocation, which must include offering a nearby available unit at same rent (if landlord owns other properties), paying for moving expenses, and providing relocation assistance to pay for the cost of temporary housing. o As a condition of receiving amnesty for fines and fees, the property owner must agree to continue renting to the existing tenant after repairs are complete with reasonable limits on rent increases for that tenant. 2. Create a low-or no-interest loan or grant program to support lower-income homeowners (including seniors and people with disabilities) with making repairs or modifications to their residences. 493 Page 35 of 61 o The program must limit funding to owner-occupied homes that are the homeowner’s primary residence, which includes mobile homes where the mobile home owner rents the lot beneath the home. o Funding for the program can come from any source that allows home rehabilitation as an eligible use of funds. Potential funding sources could include, but are not limited to, local housing trust funds, county funds, state and federal funds passed through the jurisdiction, grants from philanthropic organizations, and private contributions from businesses or individuals. o Funding recipients must be below 80% of AMI. o The program must define other eligibility requirements for receiving a loan or grant, eligible uses for funds, and minimum/maximum loan or grant amounts. o The minimum loan/grant amount must be at least $10,000. Submitting Additional Required Documentation In addition to the standard submission requirements, a jurisdiction must submit: • A template of the tenant habitability plan or a document outlining details that must be included in such a plan if a jurisdiction is selecting the amnesty program for unpermitted units. • The home rehabilitation program’s eligibility requirements and financing terms if a jurisdiction is selecting this option. III. Affordable Housing Protection Policy Options To comply with the TOC Policy, a jurisdiction must adopt at least two of the tenant protection/anti-displacement policies listed below: • Protection Policy 1: “Just Cause” Eviction • Protection Policy 2: No Net Loss and Right to Return to Demolished Homes • Protection Policy 3: Legal Assistance for Tenants • Protection Policy 4: Foreclosure Assistance • Protection Policy 5: Rental Assistance Program • Protection Policy 6: Rent Stabilization • Protection Policy 7: Preventing Displacement from Substandard Conditions and Associated Code Enforcement Activities (This policy may fulfill either the housing preservation or protection requirement, but not both.) • Protection Policy 8: Tenant Relocation Assistance • Protection Policy 9: Mobile Home Rent Stabilization • Protection Policy 10: Fair Housing Enforcement • Protection Policy 11: Tenant Anti-Harassment Protections. 494 Page 36 of 61 A jurisdiction may meet the requirements with existing adopted policies or as needed, adopt new policies by the TOC Policy compliance deadline. At minimum, policies must apply in TOC areas. Jurisdictions may choose to apply policies beyond the TOC area(s), which could include the entirety of the jurisdiction (i.e., adopting a jurisdiction- wide policy). See Section 2 of the guidance document for more information about these requirements. Protection Policy 1: “Just Cause” Eviction Description from TOC Policy Resolution: Defines the circumstances for evictions, such as nonpayment of rent, violation of lease terms, or permanent removal of a dwelling from the rental market, with provisions that are more protective of tenants than those established by AB 1482 (2019, Chiu). Purpose Just cause ordinances prohibit landlords from ending a tenancy or evicting a tenant without a specific reason. Just cause protections are generally intended to shield tenants from arbitrary evictions that may occur due to economic incentives in a competitive rental market, retaliation against specific tenants, or other instances in which tenants are not at fault. Accordingly, research identifies just cause eviction as a policy with high potential to prevent residential displacement.37 Though state law currently provides just cause protections for some tenants, these protections expire in 2030 and do not cover a wide range of tenancies and housing situations. Moreover, in the absence of local just cause policies and local government infrastructure to implement these protections, tenants may be unaware of their rights under state law and how to utilize them. As a result, multiple jurisdictions throughout the Bay Area and across California have adopted local just cause eviction ordinances that go beyond state law to better ensure stability for tenants. An effective just cause eviction ordinance will clearly define a limited set of recognized causes for eviction, provide protections for a wide range of tenants and most housing situations, and create processes for local implementation. Relevant State Law AB 1482 (Tenant Protection Act of 2019) and SB 567 (2023) While some tenants now have just cause eviction protections due to AB 1482 (the Tenant Protection Act of 2019), this law currently has a sunset of January 1, 2030. SB 567 (2023) modified the protections provided by AB 1482 by creating new requirements for landlords seeking to carry out two types of “no-fault” evictions: evictions for substantial remodels of units and owner move-in evictions. SB 567 also makes landlords who violate the Tenant Protection Act liable in civil court for damages and provides mechanisms for the Attorney General, city attorney, or county counsel to enforce the law. 37 Chapple, K. et. al. (2022). Housing Market Interventions and Residential Mobility in the San Francisco Bay Area. Federal Reserve Bank of San Francisco. 495 Page 37 of 61 Requirements for TOC Policy Compliance To comply with the TOC Policy, a jurisdiction’s just cause ordinance must meet the following minimum requirements: • The ordinance must not have a sunset date. • The ordinance must require landlords to file notices of termination of tenancy with a designated local government agency, such as a rent program/board or other city department. • The ordinance must make the failure to file these notices with a designated agency an affirmative defense for a tenant in an eviction case. Additionally, the ordinance must also expand on other aspects of statewide just cause protections in at least ONE of the following ways: 1. Limit the legally recognized causes for eviction: The “at-fault” and “no-fault” just causes for eviction allowed by state law can be found in California Civil Code Section 1946.2(b). If choosing this option, a jurisdiction’s just cause policy must include fewer just causes for eviction or define them with greater restrictions to increase protections for tenants. 2. Expand the types of housing and tenancies covered by just cause protections: The protections provided by state law only apply after all tenants have lived in the unit for 12 months, or where at least one tenant has occupied the unit for 24 months. Additionally, California Civil Code Section 1946.2(e) exempts several unit types from these protections. If choosing this option, a jurisdiction’s just cause policy must provide protections to a wider range of tenants and housing types, with the possibility of applying these protections to all renters in the jurisdiction and/or with no minimum period of tenancy to qualify. Protection Policy 2: No Net Loss and Right to Return to Demolished Homes Description from TOC Policy Resolution: Include the no net loss provisions currently outlined in SB 330 (2019, Skinner) without a sunset date. Require one-to-one replacement of units that applies the same or a deeper level of affordability, the same number of bedrooms and bathrooms, and comparable square footage to the units demolished. Provide displaced tenants with right of first refusal to rent new comparable units at the same rent as demolished units. Purpose The Housing Crisis Act of 2019 was established by SB 330 (2019) and amended by SB 8 (2021). The no net loss provisions in the Housing Crisis Act prevent development projects that require demolition of existing residential structures from reducing the overall housing stock and supply of affordable housing. These provisions create safeguards to ensure that new development increases the housing supply and 496 Page 38 of 61 maintains or improves existing levels of affordability. The Housing Crisis Act’s right to return protections and relocation benefits aim to prevent permanent displacement of existing lower-income tenants by development projects that require demolition. These protections can enable lower-income tenants to maintain housing in their communities at affordable rents, which deters new development from contributing to displacement, housing instability, and homelessness for vulnerable renters. Relevant State Law Housing Crisis Act of 2019 The Housing Crisis Act of 2019 prohibits a jurisdiction from approving a housing development that requires demolition unless the project creates at least as many units as will be demolished. The project must also replace all demolished occupied or vacant “protected units,” which include units deed-restricted for lower-income households within the past five years, units subject to rent control within the past five years, units occupied by lower-income households within the past five years, or units withdrawn from the rental market via Ellis Act within the past 10 years.38 The law also includes protections for existing tenants of units that will be demolished. All existing tenants must be allowed to remain until six months prior to the start of construction. Lower-income occupants are entitled to relocation benefits and a right of first refusal to rent or purchase a comparable unit in the new development at an affordable price. The amount of relocation assistance is defined by California Government Code Sections 7260 – 7277. The Housing Crisis Act of 2019 has a sunset date of January 1, 2030. Requirements for TOC Policy Compliance Note: If a jurisdiction implements all provisions from SB 330/SB 8 without a sunset date, then the jurisdiction meets the standards required by and can claim credit for both Protection Policy 2 (No Net Loss and Right to Return to Demolished Homes) and Production Policy 7 (Development Certainty and Streamlined Entitlement Process). To comply with the TOC Policy, a jurisdiction’s policy for no net loss and right to return must meet the following minimum requirements: • Include all the no net loss provisions in the Housing Crisis Act with no sunset date, to the extent permitted by state or federal law. These provisions require replacing all demolished units with units of equivalent size 39 and replacing demolished protected units with units affordable to low-income households.40 • Include all right of return provisions in the Housing Crisis Act with no sunset date, to the extent permitted by state or federal law. These provisions require providing 38 For more information on “protected units” defined by state law, see California Government Code Section 66300(d)(2)(F)(vi). 39 State law defines equivalent size as containing at least the same number of bedrooms as the units being replaced. 40 For more information on the affordability requirements for replacing protected units, see subparagraphs (B) and (C) of paragraph (3) of subdivision (c) of California Government Code Section 65915. 497 Page 39 of 61 displaced lower-income tenants with relocation assistance and right of first refusal to a comparable unit at an affordable rent.41 Protection Policy 3: Legal Assistance for Tenants Description from TOC Policy Resolution: Investments or programs that expand access to legal assistance for tenants threatened with displacement. This could range from a “right to counsel”42 to dedicated public funding for tenant legal assistance. Purpose Many tenant protections granted by state law can only be enforced by tenants using the court system to assert their rights, as is the case for the just cause and rent stabilization protections provided by AB 1482 as well as state anti-harassment laws. However, research and advocates have documented tenants’ lack of legal representation in eviction cases and disputes with landlords, while landlords are more commonly represented by attorneys. Legal representation for tenants can ensure greater fairness and due process and increase the likelihood of tenants keeping their housing. Providing legal assistance to tenants helps ensure that tenants have access to legal counsel and are better equipped to defend their rights in court. In recent years, there have been increasing efforts by cities to expand access to legal assistance for tenants facing eviction, which can promote housing stability and prevent homelessness. An effective tenant legal assistance program will include eligibility criteria, a definition of the legal services provided, dedicated funding, and outreach. Requirements for TOC Policy Compliance To comply with the TOC Policy, a jurisdiction’s tenant legal assistance program must meet the following minimum requirements: • The jurisdiction must have a program with secured funding43 that provides ongoing allocations to the program at or above the level identified in Appendix B. The amount contributed can vary by year as long as the total for the relevant four-year OBAG cycle meets the specified target for the jurisdiction. o The required funding amount by tier can be split among any two of the four Protection policies requiring funding, but the jurisdiction will only receive credit toward one policy. For example, a Tier A jurisdiction could choose to 41 For more information on relocation assistance and right of refusal provided to lower-income households, see California Government Code Section 66300(d)(2)(D). 42 “Right to counsel” extends the right to an attorney, required in criminal procedures, to tenants in eviction trials, which are civil procedures. 43 Secured Funding: Housing program funds may be considered secured if they are included in a current budget from a source that is expected to continue and where the use of these funds for the program can be reasonably expected to be approved in subsequent years. The subsequent years’ funding may require future budget approvals or may be dependent on uncertain but expected revenue sources, so long as there is not a known sunset date or other limit. For bond proceeds or other one-time investments, funding can be considered secured if it will be available for investment at the required level at any point in the four-year planning period, expected to align with the OBAG cycle. 498 Page 40 of 61 spend $30,000 on fair housing enforcement and $70,000 on a tenant legal assistance program, for a total of $100,000. Alternatively, the jurisdiction could spend $100,000 on tenant legal assistance. In either scenario, the jurisdiction would receive credit toward one policy for meeting the $100,000 funding threshold for Protection policies. • Funding for the program can come from any source that allows tenant legal assistance as an eligible use of funds. Potential funding sources could include, but are not limited to, local housing trust funds, county funds, state and federal funds passed through the jurisdiction, grants from philanthropic organizations, and private contributions from businesses or individuals. • Jurisdictions that have an existing balance in a tenant legal assistance funding program when submitting final documentation for TOC Policy compliance may count existing funds toward the required total so long as funds are available for expenditure during the four-year planning period (anticipated to align with the OBAG cycle). • Jurisdictions that have committed legal assistance funds prior to submitting final documentation for TOC Policy compliance may count expended funds toward the required total so long as at least one of the following conditions is met: o The funds are used to support a program occurring during the relevant four- year OBAG cycle (e.g., funds are committed to an organization to use for legal assistance services during the OBAG 4 cycle sometime between 2026 and 2030). AND/OR o The funds are expended after January 1, 2025. • The program’s funding terms must define the situations in which a tenant receives legal assistance and set the eligible criteria for who receives assistance. At minimum, eligibility must include eviction and pre-eviction legal services for lower- income tenants. • A jurisdiction must contract with one or more legal services organizations to provide legal assistance and representation for cases involving eviction and other eligible tenant issues. • The jurisdiction must make information available for the public on its website regarding the legal service providers who are funded to assist residents. Submitting Additional Required Documentation In addition to the standard submission requirements, a jurisdiction must submit: • A copy of the program’s eligibility criteria if they are not included in the ordinance or other documents establishing the program. • Documents demonstrating the jurisdiction has contracted or will contract with one or more legal services organizations. 499 Page 41 of 61 • A link to a website where the jurisdiction has made information available about legal services for residents. • Documents demonstrating the jurisdiction has secured funding that meets the minimum requirements for being considered “secured.” • A schedule of expected funding allocated to the program over the four-year period. MTC understands that projections of future funding may be imprecise, and the expectation is that a jurisdiction will provide a reasonable projection of future funding based on the best information available at the time of submitting compliance documentation to MTC. At the end of the four-year planning period (expected to align with the OBAG cycle), MTC will expect documentation of actual funding received by the program and invested in projects, which may differ from initial projections. Protection Policy 4: Foreclosure Assistance Description from TOC Policy Resolution: Provide a dedicated funding source to support owner-occupied homeowners (up to 120% of Area Median Income (AMI)) at-risk of foreclosure, including direct financial assistance (e.g., mortgage assistance, property tax delinquency, HOA dues, etc.), foreclosure prevention counseling, legal assistance, and/or outreach. Purpose Foreclosures occur when homeowners are unable to make mortgage or other debt payments on a property and therefore must forfeit the rights to their home. Homeowners at risk of foreclosure, especially lower-income households, are also vulnerable to community displacement, homelessness, and may struggle to secure housing in the future due to foreclosure related credit issues. Accordingly, local policies providing foreclosure assistance actively seek to keep homeowners in their residence, which prevents displacement and promotes community and household stability. Foreclosure assistance activities may be administered directly by a jurisdiction, but often are administered in partnership with nonprofit organizations. An effective foreclosure assistance program will provide stable annual operating support to qualified partners to support homeowners facing foreclosure. Relevant State Laws/Programs California Homeowner Bill of Rights The California Homeowner Bill of Rights provides some protections to homeowners facing foreclosure, which focus largely on requirements for how loan servicers must act during the foreclosure process. California Mortgage Relief Program The California Mortgage Relief Program provides financial assistance for homeowners who have fallen behind on housing payments or property taxes during the COVID-19 500 Page 42 of 61 pandemic because of COVID-related hardships. Funds will be deployed from the program until they are all allocated, with an end date projected by 2025. Requirements for TOC Policy Compliance To comply with the TOC Policy, a jurisdiction’s foreclosure assistance program must meet the following minimum requirements: • The jurisdiction must have a program with secured funding44 that provides ongoing allocations to the program at or above the level identified in Appendix B. The amount contributed can vary by year as long as the total for the relevant four-year OBAG cycle meets the specified target for the jurisdiction. o The required funding amount by tier can be split among any two of the four Protection policies requiring funding, but the jurisdiction will only receive credit toward one policy. For example, a Tier A jurisdiction could choose to spend $30,000 on foreclosure assistance and $70,000 on a rental assistance program, for a total of $100,000. Alternatively, the jurisdiction could spend $100,000 on foreclosure assistance. In either scenario, the jurisdiction would receive credit toward one policy for meeting the $100,000 funding threshold for Protection policies. • Funding for the program can come from any source that allows foreclosure assistance as an eligible use of funds. Potential funding sources could include, but are not limited to, local housing trust funds, county funds, state and federal funds passed through the jurisdiction, grants from philanthropic organizations, and private contributions from businesses or individuals. • Jurisdictions that have an existing balance in a foreclosure assistance funding program when submitting final documentation for TOC Policy compliance may count existing funds toward the required total so long as funds are available for expenditure during the four-year planning period (anticipated to align with the OBAG cycle). • Jurisdictions that have committed foreclosure assistance funds prior to submitting final documentation for TOC Policy compliance may count expended funds toward the required total so long as at least one of the following conditions is met: o The funds are used to support a project or program occurring during the relevant four-year OBAG cycle (e.g., funds are committed to an organization to use for foreclosure assistance services during the OBAG 4 cycle sometime between 2026 and 2030). 44 Secured Funding: Housing program funds may be considered secured if they are included in a current budget from a source that is expected to continue and where the use of these funds for the program can be reasonably expected to be approved in subsequent years. The subsequent years’ funding may require future budget approvals or may be dependent on uncertain but expected revenue sources, so long as there is not a known sunset date or other limit. For bond proceeds or other one-time investments, funding can be considered secured if it will be available for investment at the required level at any point in the four-year planning period, expected to align with the OBAG cycle. 501 Page 43 of 61 AND/OR o The funds are expended after January 1, 2025. • A jurisdiction must contract with one or more organizations to provide foreclosure assistance to homeowners earning up to 120% of AMI. • Foreclosure assistance activities may include tax delinquency forgiveness, emergency direct financial assistance (loans, grants, or other investment), loan modification services, legal services, foreclosure counseling, and proactive, targeted outreach to eligible households. • The jurisdiction must make information available for the public on its website regarding the foreclosure assistance providers who are funded to assist residents. Submitting Additional Required Documentation In addition to the standard submission requirements, a jurisdiction must submit: • A copy of the program’s eligibility criteria if they are not included in the ordinance or other documents establishing the program. • Documents demonstrating the jurisdiction has contracted or will contract with one or more foreclosure assistance organizations. • A link to a website where the jurisdiction has made information available about foreclosure assistance for residents. • Documents demonstrating the jurisdiction has secured funding that meets the minimum requirements for being considered “secured.” • A schedule of expected funding allocated to the program over the four-year period. MTC understands that projections of future funding may be imprecise, and the expectation is that a jurisdiction will provide a reasonable projection of future funding based on the best information available at the time of submitting compliance documentation to MTC. At the end of the four-year planning period (expected to align with the OBAG cycle), MTC will expect documentation of actual funding received by the program and invested in projects, which may differ from initial projections. Protection Policy 5: Rental Assistance Program Description from TOC Policy Resolution: Provide a dedicated funding source and program for rental assistance to low-income 45 households. 45 In some contexts, state and federal agencies use the term “low-income” to refer to the more specific category of households earning between 50% of AMI and 80% of AMI. However, the use of the term “low- income households” in MTC Resolution No. 4530 is assumed to be synonymous with the broader category of “lower-income,” or all households below 80% of AMI. 502 Page 44 of 61 Purpose Health emergencies, job loss, or other unexpected expenses disproportionately impact lower-income households, and force renters to choose between paying rent and covering other necessary life expenses. Most eviction filings result from unpaid rent totaling less than the cost of one month, according to research from Princeton University’s Eviction Lab.46 For these reasons, rental assistance programs providing low- income tenants with emergency funds for rent are effective at preventing eviction and stopping displacement.47 In addition to one-time assistance to prevent eviction, some rental assistance programs provide short-term assistance (e.g., six months to one year) to help residents experiencing homelessness become rehoused and achieve stability. Effective rental assistance programs provide one-time or short-term financial support to lower-income tenants at greatest risk of experiencing eviction and homelessness. Requirements for TOC Policy Compliance To comply with the TOC Policy, a jurisdiction’s tenant rental assistance program must meet the following minimum requirements: • The jurisdiction must have a program with secured funding48 that provides ongoing allocations to the program at or above the level identified in Appendix B. The amount contributed can vary by year as long as the total for the relevant four-year OBAG cycle meets the specified target for the jurisdiction. o The required funding amount by tier can be split among any two of the four Protection policies requiring funding, but the jurisdiction will only receive credit toward one policy. For example, a Tier A jurisdiction could choose to spend $30,000 on fair housing enforcement and $70,000 on a rental assistance program, for a total of $100,000. Alternatively, the jurisdiction could spend $100,000 on rental assistance. In either scenario, the jurisdiction would receive credit toward one policy for meeting the $100,000 funding threshold for Protection policies. • Funding for the program can come from any source that allows rental assistance as an eligible use of funds. Potential funding sources could include, but are not limited to, local housing trust funds, county funds, state and federal funds passed through the jurisdiction, grants from philanthropic organizations, and private contributions from businesses or individuals. 46 Badger, Emily. (2019). Many Renters Who Fact Eviction Owe Less than $600. The New York Times. 47 Chapple, K. et. al. (2022). Housing Market Interventions and Residential Mobility in the San Francisco Bay Area. Federal Reserve Bank of San Francisco. 48 Secured Funding: Housing program funds may be considered secured if they are included in a current budget from a source that is expected to continue and where the use of these funds for the program can be reasonably expected to be approved in subsequent years. The subsequent years’ funding may require future budget approvals or may be dependent on uncertain but expected revenue sources, so long as there is not a known sunset date or other limit. For bond proceeds or other one-time investments, funding can be considered secured if it will be available for investment at the required level at any point in the four-year planning period, expected to align with the OBAG cycle. 503 Page 45 of 61 • Jurisdictions that have an existing balance in a rental assistance funding program when submitting final documentation for TOC Policy compliance may count existing funds toward the required total so long as funds are available for expenditure during the four-year planning period (anticipated to align with the OBAG cycle). • Jurisdictions that have committed rental assistance funds prior to submitting final documentation for TOC Policy compliance may count expended funds toward the required total so long as at least one of the following conditions is met: o The funds are used to support a project or program occurring during the relevant four-year OBAG cycle (e.g., funds are committed to an organization to use for rental assistance during the OBAG 4 cycle sometime between 2026 and 2030). AND/OR o The funds are expended after January 1, 2025. • The program must define the situations in which a tenant receives rental assistance and set the eligibility criteria for who receives assistance. Assistance must serve lower-income tenants (with incomes at 80% AMI or less), and jurisdictions may decide to target specific income groups or populations deemed most at risk of displacement and/or homelessness. The jurisdiction may choose to include additional eligibility requirements, such as the type(s) of documentation required for a tenant to establish eligibility (e.g., signed self-attestation form, etc.). • Rental assistance can be distributed directly by the jurisdiction, or the jurisdiction can contract with nonprofits and/or community-based organizations to administer the funds. • The jurisdiction must make information available for the public on its website regarding the rental assistance providers who are funded to assist residents. Submitting Additional Required Documentation In addition to the standard submission requirements, a jurisdiction must submit: • A copy of the program’s eligibility criteria if they are not included in the ordinance or other documents establishing the program. • Documents demonstrating the jurisdiction has contracted or will contract with one or more rental assistance providers. • A link to a website where the jurisdiction has made information available about rental assistance available for residents. • Documents demonstrating the jurisdiction has secured funding that meets the minimum requirements for being considered “secured.” • A schedule of expected funding allocated to the program over the four-year period. MTC understands that projections of future funding may be imprecise, and the expectation is that a jurisdiction will provide a reasonable projection of future 504 Page 46 of 61 funding based on the best information available at the time of submitting compliance documentation to MTC. At the end of the four-year planning period (expected to align with the OBAG cycle), MTC will expect documentation of actual funding received by the program and invested in projects, which may differ from initial projections. Protection Policy 6: Rent Stabilization Description from TOC Policy Resolution: Restricts annual rent increases based upon a measure of inflation or other metric, with provisions exceeding those established by AB 1482 (2019, Chiu). Purpose Rent stabilization ordinances limit annual rent increases to protect tenants from displacement. Importantly, research finds that rent stabilization policies are effective in preventing displacement and promoting neighborhood stability, particularly when paired with condominium conversion restrictions and just cause eviction regulations.49 By decreasing renter housing cost burden over time, rent stabilization leaves tenants with more money to spend on essential needs and in the local economy. The increased stability and affordability created by rent stabilization also has positive consequences for mental and physical health as well as children’s educational outcomes.50 Though state law currently caps rent increases for some tenants, these protections expire in 2030 and allow rent increases beyond what many tenants can afford.51 Moreover, in the absence of local rent stabilization ordinances and local government infrastructure to enforce them, tenants may be unaware of their rights and how to utilize them. As a result, multiple jurisdictions throughout the Bay Area and across California have adopted local rent stabilization ordinances that go beyond state law to better ensure stability for tenants. An effective rent stabilization ordinance will define a maximum annual rent increase and create mechanisms for local enforcement. Relevant State Laws AB 1482 (Tenant Protection Act of 2019) and SB 567 (2023) AB 1482 (the Tenant Protection Act of 2019) limits annual rent increases to no more than 5% plus the local Consumer Price Index (a measure of the inflation rate) or 10%, whichever is lower. This law currently has a sunset of January 1, 2030. SB 567 (2023) makes landlords who violate the Tenant Protection Act liable in civil court for damages 49 Chapple, K. et. al. (2022). Housing Market Interventions and Residential Mobility in the San Francisco Bay Area. Federal Reserve Bank of San Francisco. 50 PolicyLink. “Rent Stabilization.” 51 Research shows that the 8% rent cap in place in San Jose from 1979 to 2016 had little impact on displacement, leading the city to lower its rent cap to 5% in 2016. Accordingly, the 10% cap allowed in state law may be similarly ineffective at preventing displacement. For more information see the findings in “Exploring The Effectiveness Of Tenant Protections In Silicon Valley” by the Urban Displacement Project at UC Berkeley. 505 Page 47 of 61 and provides mechanisms for the Attorney General, city attorney, or county counsel to enforce the law. Costa-Hawkins Rental Housing Act Local rent stabilization ordinances must adhere to the framework established in state law by the Costa-Hawkins Rental Housing Act. This law establishes certain parameters for the policy features of local ordinances, such as prohibiting rent stabilization on single-family homes or buildings constructed after 1995, and allowing landlords to reset rents to market rate after a tenant leaves their unit (known as “vacancy decontrol”). Local ordinances retain significant room for policy flexibility to respond to local circumstances but must meet Costa-Hawkins’s standards. Requirements for TOC Policy Compliance To comply with the TOC Policy, a jurisdiction’s rent stabilization ordinance must meet the following minimum requirements: • The ordinance must not have a sunset date. • The ordinance must apply to multifamily rental housing with three or more units, while adhering to the parameters of the Costa-Hawkins Rental Housing Act. If the jurisdiction chooses, the ordinance may apply to additional housing types, such as duplexes. o The ordinance may allow for exemptions for special housing types (e.g., deed-restricted affordable housing, student housing, assisted living facilities). • A rent stabilization ordinance must limit maximum annual rent increases to be less than those allowed under state law (see Relevant State Laws section above for more information).52 • A jurisdiction must define a local enforcement mechanism (such as a rent board or administrative hearing) whereby tenants can dispute rent increases that exceed legally allowed maximums.53 Submitting Additional Required Documentation In addition to the standard submission requirements, a jurisdiction must submit documents or regulations describing the processes for enforcing maximum allowable rent increases and deciding disputes regarding rent increases, if these processes are not described in the jurisdiction’s rent stabilization ordinance. 52 The maximum annual rent increases allowed under state law are defined in California Civil Code Section 1947.12, 53 While state law provides some mechanisms for enforcement by the Attorney General and/or city attorney if a landlord raises rent in excess of the legally allowed increase, local administrative bodies like rent boards can provide more easily accessible processes for tenants to dispute rent increases that exceed legally allowed maximums. 506 Page 48 of 61 Protection Policy 7: Preventing Displacement from Substandard Conditions and Associated Code Enforcement Activities Description from TOC Policy Resolution: Policies, programs, or procedures designed to minimize the risk of displacement caused by substandard conditions including through local code enforcement activities. This may include proactive rental inspection programs and assistance to landlords for property improvements in exchange for anti- displacement commitments. This policy may be used to fulfill either the housing preservation or protection requirement, but not both. Purpose Substandard conditions and physical deterioration represent a key threat to the region’s rental housing stock and unsubsidized affordable housing units. These conditions create health and safety risks for tenants and can lead to condemnation, abandonment, and/or demolition of housing units. The remediation of substandard conditions in unsubsidized affordable housing is not only necessary to preserve this housing but also represents an important anti-displacement strategy. Code enforcement programs need to ensure habitability issues and needs for substantial property repairs do not lead to the permanent displacement of tenants, which also requires maintaining housing stability for tenants during any temporary displacement necessary for repairs. Code enforcement and other programs to address substandard conditions need to be centered in an anti-displacement framework, otherwise these activities can lead to the immediate displacement of vulnerable tenants if properties are deemed uninhabitable. An effective program which prevents displacement due to code enforcement protects tenants from displacement when renovations are mandated by code enforcement actions by requiring plans for maintaining habitability and providing public support to landlords on the condition that they provide additional tenant protections. Relevant State Law California Health and Safety Code (HSC) HSC Section 17920.3 provides a definition of a substandard building, which includes inadequate sanitation such as a lack of plumbing, ventilation, or heating; structural hazards such as deteriorated floors, walls, or ceilings; faulty weather protection such as defective waterproofing and windows; and so on. Section 17970 – 17972 requires that when a jurisdiction receives a complaint from a tenant, they must inspect the building, document any findings, prescribe a remedy to the property owner, and schedule a reinspection to verify the correction. Section 17980 – 17992 states that once a building is determined to be substandard, the enforcement agency of the jurisdiction cannot require the vacating of residents unless it concurrently requires expeditious demolition or repair to comply with state law. If the tenant cannot safely reside in their unit due to repair, state law requires a property owner to provide affected tenants with compensation for moving expenses; the value of property lost, stolen or damaged in the process of moving; and costs associated with connection charges imposed by utility 507 Page 49 of 61 companies for starting service. The relocation benefit also includes two months of the established fair market rent for the area as determined by the U.S. Department of Housing and Urban Development, and the property owner must return the full security deposit to the tenant. Requirements for TOC Compliance To comply with the TOC Policy, a jurisdiction must adopt a policy to prevent displacement from substandard conditions that meets the minimum standards for at least ONE of the following options: 1. Offer grants or interest-free loans to landlords to repair substandard or other dangerous/inadequate conditions in exchange for anti-displacement protections for tenants. o Funding for the program can come from any source that allows repairs of residential units as an eligible use of funds. Potential funding sources could include, but are not limited to, local housing trust funds, county funds, state and federal funds passed through the jurisdiction, grants from philanthropic organizations, and private contributions from businesses or individuals. o Prior to making repairs, the property owner must complete a tenant habitability plan describing how they will maintain habitability for the tenant and any adjacent units while repairs are being performed. If the tenant needs to be relocated for repairs, the plan discusses how the landlord will assist with temporary relocation, which must include offering a nearby available unit at same rent (if landlord owns other properties), paying for moving expenses, and providing relocation assistance to pay for the cost of temporary housing. o As a condition of receiving the grant or loan, the property owner must agree to continue renting to the existing tenant after repairs are complete with reasonable limits on rent increases for that tenant. o Jurisdictions may set income qualifications for landlords to receive this funding. 2. Implement a rental escrow program where tenants experiencing persistent habitability issues receive rent reductions and rental payments are deposited into an escrow account until code violations are addressed. o Prior to making repairs, the property owner must complete a tenant habitability plan describing how they will maintain habitability for the tenant and any adjacent units while repairs are being performed. If the tenant needs to be relocated for repairs, the plan discusses how the landlord will assist with temporary relocation, which must include offering a nearby available unit at same rent (if landlord owns other properties), paying for moving expenses, and providing relocation assistance to pay for the cost of temporary housing. o The tenant has the right to reoccupy the unit after repairs are complete. 508 Page 50 of 61 o While rental funds are in escrow, the landlord can request access to them only for repairs, tenant relocation assistance, and other qualifying expenses. o The rental escrow program must clearly define the circumstances in which a tenant can safely withhold or reduce rent without fear of eviction. 3. Require landlords to complete a tenant habitability plan as part of the permitting process for repairs to address code issues. o The plan must describe how the landlord will maintain habitability for the tenant and any adjacent units while repairs are being performed. o If the tenant needs to be relocated for repairs, the plan discusses how the landlord will assist with temporary relocation, which must include offering a nearby available unit at same rent (if landlord owns other properties), paying for moving expenses, and providing relocation assistance to pay for the cost of temporary housing. o The tenant has the right to reoccupy the unit after repairs are complete. Submitting Additional Required Documentation In addition to the standard submission requirements, a jurisdiction must submit: • The rehabilitation grant/loan program’s eligibility requirements and financing terms if a jurisdiction is selecting this option. • A template of the tenant habitability plan or a document outlining details that must be included in such a plan. Protection Policy 8: Tenant Relocation Assistance Description from TOC Policy Resolution: Policy or program that provides relocation assistance (financial and/or other services) to tenants displaced through no fault of their own, with assistance exceeding that required under state law. Purpose Relocation assistance can prevent undue burden and hardship for renters in the Bay Area’s high-cost housing market. The majority of Bay Area tenants are lower-income, making less than 80% of Area Median Income (AMI), while nearly one-quarter of the region’s renters are extremely low-income and make less than 30% of AMI.54 Consequently, most tenants are likely to require financial assistance to regain stability if they are displaced from their current housing due to demolition, code enforcement violations, no-fault or no-cause evictions, or other circumstances outside of their control. An effective relocation assistance policy includes clear definitions of tenant eligibility and required minimum compensation from landlord. 54 U.S. Department of Housing and Urban Development (HUD), Comprehensive Housing Affordability Strategy (CHAS) ACS tabulation, 2013-2017 release. 509 Page 51 of 61 Relevant State Laws Multiple state laws govern situations that require property owners to provide tenants with relocation assistance, including the following: • Tenant Protection Act of 2019 (AB 1482) • California Government Code Sections 7260-7277 • Housing Crisis Act of 2019, established by SB 330 (2019) and amended by SB 8 (2021) • California Health and Safety Code Sections 17975-17975.10 Requirements for TOC Policy Compliance To comply with the TOC Policy, a jurisdiction’s relocation assistance policy must meet the following minimum requirements: • Landlords must make relocation payments for all no-cause or no-fault evictions.55 • Jurisdictions can choose to limit assistance to lower-income tenants (those at 80% of AMI or less) or lower- and moderate-income tenants (those at 120% of AMI or less). • The amount of relocation assistance must be equal to at least three months’ fair market rent, unless another law (e.g., local, state, federal) requires a higher minimum amount. Protection Policy 9: Mobile Home Rent Stabilization Description from TOC Policy Resolution: Restricts annual rent increases on mobile home residents based upon a measure of inflation or another metric. Purpose A mobile home rent stabilization policy can help protect the affordability and stability of mobile home communities. Mobile home parks are often a unique hybrid of rental housing and ownership housing: residents typically own their homes and rent the lots where the homes are located, which generally enables mobile homes to be purchased at much lower prices than other forms of homeownership. In some cases, a mobile home resident rents the actual mobile home, either from the mobile home owner or the mobile home park. Despite their name, mobile homes are rarely able to be moved off their lots, and so an unaffordable increase in lot rent could force the sale of the mobile home and displacement of the residents. In some communities, mobile home parks comprise a significant portion of unsubsidized affordable housing, and these neighborhoods are 55 No-fault evictions can occur for tenants covered by just cause eviction protections under state law (i.e., AB 1482) or local ordinances, and these no-fault circumstances are defined by the terms of these laws. For tenants who are not covered by just cause eviction protections under state law or local ordinances, no-cause evictions occur when a landlord chooses not to renew an annual lease or provides a notice to terminate the tenancy that is not required to state a reason. 510 Page 52 of 61 increasingly being acquired by speculative investors.56 Given these conditions, mobile home rent stabilization can promote longer-term community stability for mobile home residents and prevent displacement of lower-income residents who lack other housing options. An effective mobile home rent stabilization ordinance will include a limit on annual rent increases and processes for ensuring compliance with the policy. Relevant State Law SB 940 (2022) While the Mobile Home Residency Law previously exempted “new construction” from local mobile home rent stabilization laws, SB 940 (2022) limits this exemption to 15 years. Additionally, SB 940 creates a distinction between mobile home parks and mobile home spaces. For individual mobile home spaces within an existing mobile home park, “new construction” is newly constructed spaces “initially rented” after January 1, 1990. For mobile home parks, “new construction” is defined as all spaces in a newly constructed mobile home park for which the permit to operate is first issued on or after January 1, 2023. Requirements for TOC Policy Compliance To receive compliance credit for this policy, a jurisdiction must demonstrate there is at least one mobile home park (as defined by California’s Mobile Home Park Act) within the jurisdiction. Due to the heightened vulnerability of mobile home parks and the residents who occupy them, a jurisdiction with an adopted mobile home rent stabilization policy that applies to all mobile home parks may receive credit for this policy even if none of the parks are located within TOC areas. If none of the at-risk mobile home parks in a jurisdiction are located within a TOC area, then the jurisdiction must apply this policy jurisdiction-wide. To comply with the TOC Policy, a jurisdiction’s mobile home rent stabilization ordinance must meet the following minimum requirements: • A mobile home rent stabilization ordinance must define maximum annual rent increases for both mobile home spaces (i.e., lot rent) and mobile homes as ONE of the following: o A flat rate increase of up to 5%. A jurisdiction may choose to set the maximum allowable rent increase below 5%. o A rate increase linked to the local CPI, which is a measure of inflation. A jurisdiction must set the maximum allowable rent increase no higher than 100% of CPI, or the jurisdiction could choose to set the maximum allowable rent increase at a smaller percentage of CPI. 56 Arnold, C., Benincasa, R., and Childs, M. 2021. How the government helps investors buy mobile home parks, raise rent and evict people. National Public Radio. 511 Page 53 of 61 o Some combination of the two standards described above (e.g., a maximum annual rent increase limited to 60% of CPI or 5%, whichever is lower). • Some form of vacancy control within constitutional limits. • A jurisdiction must define a local enforcement mechanism (such as a rent board or administrative hearing) whereby mobile home residents can dispute rent increases that exceed legally allowed maximums. Submitting Additional Required Documentation In addition to the standard submission requirements, a jurisdiction must submit: • Documentation of the presence of at least one mobile home park within the jurisdiction. • Documents or regulations describing the processes for enforcing maximum allowable rent increases and deciding disputes regarding rent increases if these processes are not described in the jurisdiction’s rent stabilization ordinance. Protection Policy 10: Fair Housing Enforcement Description from TOC Policy Resolution: Policy, program, or investments that support fair housing testing, compliance monitoring, and enforcement. Purpose Fair housing laws aim to ensure that people have equal access to housing regardless of their race, national origin, family status, religion, sex, disability, or other characteristics that are known as “protected classes.”57 Across the region, people of color, people with disabilities, and other protected classes are disproportionately represented in a number of indicators of housing need that put them at greater risk of displacement.58 Consistent enforcement of existing fair housing law is a critical strategy to overcome patterns of segregation and foster inclusive communities. Local jurisdictions can further fair housing by supporting fair housing organizations who conduct fair housing testing, investigate complaints, and assist with filing complaints with the state and/or federal agencies who can take administrative action. In response to fair housing complaints, fair housing organizations can also provide mediation between housing providers and complainants, or file lawsuits against those found to be in violation of the law. 57 The Fair Housing Act is a federal law passed in 1968 and amended several times thereafter that protects individuals from experiencing housing discrimination based on the following characteristics: race, color, national origin, religion, sex, familial status, and disability. California’s Fair Employment and Housing Act expands on the protected classes defined by federal law by also prohibiting housing discrimination based on the following characteristics: sexual orientation, gender identity and gender expression, genetic information, marital status, source of income, citizenship, primary language, and immigration status. 58 For more information on disparities in housing needs, see ABAG’s Housing Needs Data Packets. 512 Page 54 of 61 Relevant State Laws Fair Employment and Housing Act California’s Fair Employment and Housing Act prohibits those engaged in the housing business from discriminating against protected classes. The California Department of Fair Employment and Housing is responsible for enforcing state fair housing laws, which includes investigating and settling fair housing complaints. AB 686 Affirmatively Furthering Fair Housing, established by AB 686 (2018), requires that local jurisdictions take meaningful actions that address significant disparities in housing needs and in access to opportunity, replacing segregated living patterns with truly integrated and balanced living patterns, transforming racially and ethnically concentrated areas of poverty into areas of opportunity, and fostering and maintaining compliance with civil rights and fair housing laws. Requirements for TOC Policy Compliance To comply with the TOC Policy, a jurisdiction’s fair housing enforcement policy/program must meet the following minimum requirements: • The jurisdiction must have a program with secured funding59 that provides ongoing allocations to the program at or above the level identified in Appendix B. The amount contributed can vary by year as long as the total for the relevant four-year OBAG cycle meets the specified target for the jurisdiction. o The required funding amount by tier can be split among any two of the four Protection policies requiring funding, but the jurisdiction will only receive credit toward one policy. For example, a Tier A jurisdiction could choose to spend $30,000 on fair housing enforcement and $70,000 on a tenant legal assistance program, for a total of $100,000. Alternatively, the jurisdiction could spend $100,000 on fair housing enforcement. In either scenario, the jurisdiction would receive credit toward one policy for meeting the $100,000 funding threshold for Protection policies. • Funding for the program can come from any source that allows fair housing enforcement as an eligible use of funds. Potential funding sources could include, but are not limited to, local housing trust funds, county funds, state and federal funds passed through the jurisdiction, grants from philanthropic organizations, and private contributions from businesses or individuals. 59 Secured Funding: Housing program funds may be considered secured if they are included in a current budget from a source that is expected to continue and where the use of these funds for the program can be reasonably expected to be approved in subsequent years. The subsequent years’ funding may require future budget approvals or may be dependent on uncertain but expected revenue sources, so long as there is not a known sunset date or other limit. For bond proceeds or other one-time investments, funding can be considered secured if it will be available for investment at the required level at any point in the four-year planning period, expected to align with the OBAG cycle. 513 Page 55 of 61 • Jurisdictions that have an existing balance in a fair housing enforcement funding program when submitting final documentation for TOC Policy compliance may count existing funds toward the required total so long as funds are available for expenditure during the four-year planning period (anticipated to align with the OBAG cycle). • Jurisdictions that have committed fair housing enforcement funds prior to submitting final documentation for TOC Policy compliance may count expended funds toward the required total so long as at least one of the following conditions is met: o The funds are used to support a project or program occurring during the relevant four-year OBAG cycle (e.g., funds are committed to an organization to use for legal assistance services during the OBAG 4 cycle sometime between 2026 and 2030). AND/OR o The funds are expended after January 1, 2025. • A jurisdiction must contract with one or more fair housing service providers to serve its constituents and provide fair housing enforcement. Alternatively, the jurisdiction can establish its own fair housing testing and enforcement program with staff who conduct fair housing testing on a regular basis,60 investigate complaints of discrimination, provide information to tenants and landlords, and refer cases to the State Department of Fair Employment and Housing.61 • The jurisdiction must make information available for the public on its website regarding the fair housing services available to assist residents. Submitting Additional Required Documentation In addition to the standard submission requirements, a jurisdiction must submit: • Documents demonstrating the jurisdiction has contracted or will contract with one or more fair housing enforcement organizations, if applicable. • A link to a website where the jurisdiction has made information available about fair housing services for residents. • Documents demonstrating the jurisdiction has secured funding that meets the minimum requirements for being considered “secured.” • A schedule of expected funding allocated to the program over the four-year period. MTC understands that projections of future funding may be imprecise, and the expectation is that a jurisdiction will provide a reasonable projection of future funding based on the best information available at the time of submitting 60 In 2017, the City of Seattle conducted their own in-house civil rights testing program where housing tests were conducted by email, phone and in-person. 61 The City of Santa Barbara has a Fair Housing Enforcement Officer on staff who completes these actions. 514 Page 56 of 61 compliance documentation to MTC. At the end of the four-year planning period (expected to align with the OBAG cycle), MTC will expect documentation of actual funding received by the program and invested in projects, which may differ from initial projections. Protection Policy 11: Tenant Anti-Harassment Protections Description from TOC Policy Resolution: Policy or program that grants tenants legal protection from unreasonable, abusive, or coercive landlord behavior. Purpose Despite existing state law prohibiting landlords from using threats or intimidation for the purpose of influencing tenants to vacate a unit, landlord harassment continues to be an issue of concern and driver of informal evictions in many communities across the Bay Area. State law lacks specific language defining harassing behavior, which can make violations difficult to prove in court. As a result, multiple jurisdictions throughout the Bay Area and across California have adopted anti-harassment ordinances that go beyond state law to better ensure stability for vulnerable tenants.62 Informal evictions through tenant harassment are a persistent problem for low-income, undocumented, and/or limited English-speaking residents because these populations are especially vulnerable to landlord actions.63 Anti-harassment ordinances can reduce such displacement pressures by clarifying what constitutes harassment and enabling affected tenants as well as jurisdictions to stop harassment. Anti-harassment policies can also support habitability improvements by reducing the risk of retaliation against tenants who report habitability issues to landlords, thereby improving the quality of housing. An effective tenant anti-harassment ordinance defines prohibited harassing behaviors and mechanisms for enforcement. Relevant State Laws California Civil Code Section 1940.2 State law prohibits a landlord from using “force, willful threats, or menacing conduct” to influence a tenant to vacate a dwelling. The law also prohibits a landlord from threatening to disclose information regarding the immigration or citizenship status of a tenant. Tenants are entitled to up to $2,000 per violation if they prevail in a civil action. 62 Mercury News article from June 15, 2022, reporting on tenant harassment in Concord and the ordinance passed in response by the City Council. East Bay Times article from July 13, 2021, reporting on tenant harassment in Richmond and the ordinance passed in response by the City Council. 63 Desmond, M. (2012) Eviction and the Reproduction of Urban Poverty. AJS: 118(1) 88-133; Desmond, M. C. Gershenson, and B. Kiviat (2016) Forced Relocation and Residential Instability among Urban Renters. Social Service Review 89 (2). Greenberg, D. C. Gershenson and M. Desmond (2016) Discrimination in Evictions: Empirical Evidence and Legal Challenges. Harvard Civil Rights-Civil Liberties Law Review 51: 115-158. 515 Page 57 of 61 California Civil Code Section 1942.5 State law prohibits a landlord from retaliating against a tenant for exercising their legal rights. Landlords who violate this prohibition are liable for actual damages, attorney’s fees, and punitive damages of up to $2,000 per retaliatory act. Requirements for TOC Policy Compliance To comply with the TOC Policy, a jurisdiction’s tenant anti-harassment policy must meet the following minimum requirements: • The tenant anti-harassment policy must define harassing behaviors, which at minimum shall include behaviors prohibited by state law as well as the following: o Any behavior to prevent tenant organizing. Landlords may not impinge tenants’ ability to engage in organizing activities regarding issues of common interest or concern to other tenants, including unreasonable restrictions on distributing literature to and/or meeting with other residents at properties owned by the same landlord. o Refusal to accept or acknowledge receipt of a tenant's lawful rent payment. o Requesting information or documentation relating to immigration or citizenship status, unless otherwise required by federal law. o Failing to perform repairs or maintenance or threatening to fail to perform repairs or maintenance required by contract or by state, county, or local housing, health, or safety laws. • The policy must state that the city or county attorney as well as the impacted tenant may bring a civil action or request an injunction in response to harassment. • The policy must establish penalties for landlords found to be in violation, including fines, attorneys' fees, and punitive damages. The policy shall also define a violation of the ordinance as an affirmative defense for a tenant in an eviction proceeding. • The policy must establish noticing requirements for landlords to provide each tenant with an information sheet outlining anti-harassment protections and any other tenant protections in the jurisdiction (e.g., rent stabilization, just cause, relocation assistance). The sheet must include links to the city website and at least one local tenant legal services organization. IV. Commercial Stabilization Policy Options To comply with the TOC Policy, a jurisdiction must adopt at least one of the commercial stabilization policies listed below: • Commercial Stabilization Policy 1: Small Business and Non-Profit Overlay Zone • Commercial Stabilization Policy 2: Small Business and Non-Profit Preference Policy 516 Page 58 of 61 • Commercial Stabilization Policy 3: Small Business and Non-Profit Financial Assistance Program • Commercial Stabilization Policy 4: Small Business Advocate Office A jurisdiction may meet the requirements with existing adopted policies or as needed, adopt new policies by the TOC Policy compliance deadline. At minimum, policies must apply in TOC areas. Jurisdictions may choose to apply policies beyond the TOC area(s), which could include the entirety of the jurisdiction (i.e., adopting a jurisdiction- wide policy). See Section 2 of the guidance document for more information about these requirements. Commercial Stabilization Policy 1: Small Business and Non-Profit Overlay Description from TOC Policy Resolution: Establish boundaries designated for an overlay, triggering a set of protections and benefits should development impact small businesses (including public markets) or community-serving non-profits. Purpose To prevent displacement caused by transit-oriented development, jurisdictions can protect existing small businesses and community-serving non-profits by affording protections and benefits beyond what is available jurisdiction-wide. A jurisdiction may select this policy to preserve the rich community of small businesses and non-profits located in areas that are subject to new development. An “overlay zone” is a district that superimposes additional regulations over existing zoning districts.64 A successful overlay zone offers benefits such as an operating subsidy, eviction protections, and relocation requirements. Requirements for TOC Policy Compliance To comply with the TOC Policy, a jurisdiction’s small business and non-profit overlay policy must meet the following minimum requirements: • Jurisdictions must define “small business” and “community-serving non-profit” to establish the minimum requirements to qualify for protections. • Offer at least one protection or benefit specific to the community and expected to prevent displacement. Submitting Additional Required Documentation In addition to the standard submission requirements, a jurisdiction must submit a copy of the policy’s eligibility criteria and description of protections and/or benefits provided, if they are not included in the ordinance or other documents establishing the program. 64 Planetizen Planopedia. “What is an Overlay District?” 517 Page 59 of 61 Commercial Stabilization Policy 2: Small Business and Non-Profit Preference Policy Description from TOC Policy Resolution: Give priority and a right of first offer to local small businesses and/or community-serving non-profits when selecting a tenant for new market-rate commercial space. Purpose Transit-oriented development has the potential to displace existing small businesses and non-profits as new development may increase commercial rent costs. This policy would require that owners or managers of applicable commercial spaces provide a preference to small businesses and/or community-serving non-profits when selecting tenants by offering them the right of first offer. A jurisdiction would select this policy to protect their existing community of non-profits and small businesses from displacement. Requirements for TOC Policy Compliance To comply with the TOC Policy, a jurisdiction’s small business and non-profit preference policy must meet the following minimum requirements: • Jurisdictions must define “small business” and “community-serving non-profit” to establish the minimum requirements to qualify for preference. • Establish a preference policy that prioritizes small businesses and non-profits when selecting new tenants by offering them the right of first offer. Jurisdictions may apply such a policy on publicly-owned properties, as part of the entitlement process for a new development, as a condition of a small business support program, or in other applicable circumstances. Submitting Additional Required Documentation In addition to the standard submission requirements, a jurisdiction must submit a copy of the policy’s eligibility criteria and preference details, if they are not included in the ordinance or other documents establishing the program. Commercial Stabilization Policy 3: Small Business and Non-Profit Financial Assistance Program Description from TOC Policy Resolution: Dedicated funding program for any impacted small business and community-serving non-profits. Purpose As jurisdictions promote transit-oriented development in their communities, they must also take steps to prevent displacement and gentrification in these areas. By providing direct financial assistance, jurisdictions can support small businesses and non-profits through any community-wide transition that comes with new transit-oriented development. Jurisdictions may choose this policy to protect their small businesses and community-serving non-profits that enrich the fabric of their community. 518 Page 60 of 61 Requirements for TOC Policy Compliance To comply with the TOC Policy, a jurisdiction’s small business and non-profit financial assistance program must meet the following minimum requirements: • Jurisdictions must define “small business” and “community-serving non-profit” to establish the minimum requirement to quality for financial assistance. • The jurisdiction must have a program with secured funding65 that provides financial assistance to stabilize small businesses and non-profits located in the TOC areas. The jurisdiction could choose to offer this assistance to businesses and non-profits in additional areas as well. • Provide technical assistance and up-to-date information online regarding funding opportunities and deadlines. Submitting Additional Required Documentation In addition to the standard submission requirements, a jurisdiction must submit: • A copy of the eligibility criteria and program details if they are not included in the ordinance or other documents establishing the program. • Documents demonstrating the jurisdiction has secured funding that meets the minimum requirements for being considered “secured.” • A schedule of expected funding allocated to the program over the four-year period. MTC understands that projections of future funding may be imprecise, and the expectation is that a jurisdiction will provide a reasonable projection of future funding based on the best information available at the time of submitting compliance documentation to MTC. At the end of the four-year planning period (expected to align with the OBAG cycle), MTC will expect documentation of actual funding received by the program and invested in projects, which may differ from initial projections. Commercial Stabilization Policy 4: Small Business Advocate Office Description from TOC Policy Resolution: Provide a single point of contact for small business owners and/or a small business alliance. Purpose A jurisdiction’s small business economy is bolstered by technical assistance, educational workshops, advertising and exposure, and the development of a network of neighboring businesses. These types of support could be offered by a jurisdiction or an 65 Secured Funding: Housing program funds may be considered secured if they are included in a current budget from a source that is expected to continue and where the use of these funds for the program can be reasonably expected to be approved in subsequent years. The subsequent years’ funding may require future budget approvals or may be dependent on uncertain but expected revenue sources, so long as there is not a known sunset date or other limit. For bond proceeds or other one-time investments, funding can be considered secured if it will be available for investment at the required level at any point in the four-year planning period, expected to align with the OBAG cycle. 519 Page 61 of 61 outside contractor and are best utilized when there is a single point of contact. A jurisdiction may choose this policy to commit to the resilience of their small business community. Requirements for TOC Policy Compliance To comply with the TOC Policy, a jurisdiction’s small business advocate office policy must meet the following minimum requirements: • Provide a single point of contact for small business owners to connect with a technical support resource. The single point of contact could be a jurisdictional staff member or an outside contractor. Outside contractors could be a staff member of the nearest Small Business Center (SBC) or Small Business Development Center (SBDC)66 In the case of an outside contractor, the jurisdiction must have dedicated staff oversight. Submitting Additional Required Documentation In addition to the standard submission requirements, a jurisdiction must submit: • A copy of the eligibility criteria and program details if they are not included in the ordinance or other documents establishing the program. • If an outside contractor is used as the point of contact, a description of the jurisdiction’s approach for oversight of the contractor. 66 SBCs are part of the California Network of Small Business and Technical Assistance Centers, funded by CalOSBA, while SBDCs are part of a nationwide network funded by the U.S. Small Business Administration. 520 Page 1 of 4 Appendix B: Jurisdictions by Funding Tier Table 1 lists the jurisdictions in each funding tier and the jurisdiction’s required minimum four-year funding commitment for each policy selected that requires a funding commitment. Note: all Bay Area jurisdictions are listed, although not all jurisdictions have TOC areas. For the policies in the Protection category, the required funding amount by tier can be split among any two of the four policies, but the jurisdiction will only receive credit toward one policy. For example, a Tier A jurisdiction could choose to spend $30,000 on fair housing enforcement and $70,000 on a rental assistance program, for a total of $100,000. Alternatively, the jurisdiction could spend $100,000 on a single policy, such as rental assistance. In either scenario, the jurisdiction would receive credit toward one policy for meeting the $100,000 funding threshold for Protection policies. Table 1: Jurisdictions by Funding Tier Jurisdiction Very Low- and Low- Income RHNA Tier Production 2 and Production 6 Preservation 1 and Preservation 5 Protection 3, Protection 4, Protection 5, and Protection 10 Yountville 30 A $1,000,000 $500,000 $100,000 Calistoga 50 A $1,000,000 $500,000 $100,000 Ross 54 A $1,000,000 $500,000 $100,000 Unincorporated Napa 61 A $1,000,000 $500,000 $100,000 Colma 69 A $1,000,000 $500,000 $100,000 Belvedere 77 A $1,000,000 $500,000 $100,000 Monte Sereno 83 A $1,000,000 $500,000 $100,000 Sebastopol 86 A $1,000,000 $500,000 $100,000 Cotati 94 A $1,000,000 $500,000 $100,000 Portola Valley 115 A $1,000,000 $500,000 $100,000 Unincorporated Solano 130 A $1,000,000 $500,000 $100,000 Cloverdale 141 A $1,000,000 $500,000 $100,000 Woodside 142 A $1,000,000 $500,000 $100,000 Atherton 148 A $1,000,000 $500,000 $100,000 St. Helena 163 A $1,000,000 $500,000 $100,000 Dixon 175 A $1,000,000 $500,000 $100,000 Pinole 190 A $1,000,000 $500,000 $100,000 Los Altos Hills 197 A $1,000,000 $500,000 $100,000 Fairfax 235 A $1,000,000 $500,000 $100,000 Hillsborough 244 A $1,000,000 $500,000 $100,000 521 Page 2 of 4 Jurisdiction Very Low- and Low- Income RHNA Tier Production 2 and Production 6 Preservation 1 and Preservation 5 Protection 3, Protection 4, Protection 5, and Protection 10 Suisun City 255 A $1,000,000 $500,000 $100,000 Piedmont 257 A $1,000,000 $500,000 $100,000 East Palo Alto 260 A $1,000,000 $500,000 $100,000 Clayton 267 A $1,000,000 $500,000 $100,000 San Pablo 273 A $1,000,000 $500,000 $100,000 American Canyon 278 A $1,000,000 $500,000 $100,000 Half Moon Bay 285 A $1,000,000 $500,000 $100,000 Healdsburg 299 A $1,000,000 $500,000 $100,000 Tiburon 303 A $1,000,000 $500,000 $100,000 Sausalito 315 A $1,000,000 $500,000 $100,000 Corte Madera 336 A $1,000,000 $500,000 $100,000 Benicia 339 A $1,000,000 $500,000 $100,000 San Anselmo 398 A $1,000,000 $500,000 $100,000 Mill Valley 413 B $1,400,000 $600,000 $200,000 Morgan Hill 413 B $1,400,000 $600,000 $200,000 Oakley 440 B $1,400,000 $600,000 $200,000 Larkspur 459 B $1,400,000 $600,000 $200,000 Albany 486 B $1,400,000 $600,000 $200,000 Brisbane 500 B $1,400,000 $600,000 $200,000 Moraga 501 B $1,400,000 $600,000 $200,000 El Cerrito 526 B $1,400,000 $600,000 $200,000 Hercules 542 B $1,400,000 $600,000 $200,000 Martinez 551 B $1,400,000 $600,000 $200,000 Orinda 587 B $1,400,000 $600,000 $200,000 Windsor 607 B $1,400,000 $600,000 $200,000 Rohnert Park 629 B $1,400,000 $600,000 $200,000 Brentwood 634 B $1,400,000 $600,000 $200,000 Emeryville 710 C $2,000,000 $700,000 $200,000 Saratoga 715 C $2,000,000 $700,000 $200,000 Newark 732 C $2,000,000 $700,000 $200,000 Belmont 769 C $3,000,000 $700,000 $200,000 Petaluma 787 C $2,000,000 $700,000 $200,000 Los Altos 789 C $2,000,000 $700,000 $200,000 Pittsburg 812 C $2,000,000 $700,000 $200,000 Foster City 819 C $2,000,000 $700,000 $200,000 Los Gatos 847 C $2,000,000 $700,000 $200,000 Pacifica 848 C $2,000,000 $700,000 $200,000 Pleasant Hill 892 C $2,000,000 $700,000 $200,000 522 Page 3 of 4 Jurisdiction Very Low- and Low- Income RHNA Tier Production 2 and Production 6 Preservation 1 and Preservation 5 Protection 3, Protection 4, Protection 5, and Protection 10 Novato 898 C $2,000,000 $700,000 $200,000 Millbrae 906 C $2,000,000 $700,000 $200,000 Lafayette 943 C $2,000,000 $700,000 $200,000 Danville 1,028 C $2,000,000 $700,000 $200,000 Gilroy 1,054 C $2,000,000 $700,000 $200,000 Vallejo 1,059 C $2,000,000 $700,000 $200,000 Vacaville 1,081 C $2,000,000 $700,000 $200,000 San Bruno 1,109 D $3,000,000 $900,000 $300,000 San Carlos 1,164 D $3,000,000 $900,000 $300,000 Menlo Park 1,166 D $3,000,000 $900,000 $300,000 Campbell 1,186 D $3,000,000 $900,000 $300,000 Napa 1,214 D $3,000,000 $900,000 $300,000 Antioch 1,248 D $3,000,000 $900,000 $300,000 Fairfield 1,256 D $3,000,000 $900,000 $300,000 Unincorporated San Mateo 1279 D $3,000,000 $900,000 $300,000 Unincorporated Santa Clara 1305 D $3,000,000 $900,000 $300,000 Richmond 1,325 D $3,000,000 $900,000 $300,000 San Rafael 1,349 D $3,000,000 $900,000 $300,000 San Leandro 1,357 D $3,000,000 $900,000 $300,000 Union City 1,358 D $3,000,000 $900,000 $300,000 Burlingame 1,360 D $3,000,000 $900,000 $300,000 South San Francisco 1,373 D $3,000,000 $900,000 $300,000 Unincorporated Sonoma 1,608 E $4,000,000 $1,200,000 $300,000 Hayward 1,692 E $4,000,000 $1,200,000 $300,000 Dublin 1,710 E $4,000,000 $1,200,000 $300,000 Unincorporated Marin 1734 E $4,000,000 $1,200,000 $300,000 Redwood City 1,758 E $4,000,000 $1,200,000 $300,000 Cupertino 1,880 E $4,000,000 $1,200,000 $300,000 Santa Rosa 1,919 E $4,000,000 $1,200,000 $300,000 Unincorporated Alameda 1,972 E $4,000,000 $1,200,000 $300,000 Concord 2,036 E $4,000,000 $1,200,000 $300,000 Livermore 2,075 E $4,000,000 $1,200,000 $300,000 Daly City 2,105 E $4,000,000 $1,200,000 $300,000 Alameda 2,239 E $4,000,000 $1,200,000 $300,000 523 Page 4 of 4 Jurisdiction Very Low- and Low- Income RHNA Tier Production 2 and Production 6 Preservation 1 and Preservation 5 Protection 3, Protection 4, Protection 5, and Protection 10 San Ramon 1,359 E $4,000,000 $1,200,000 $300,000 Palo Alto 2,452 E $4,000,000 $1,200,000 $300,000 Walnut Creek 2,611 E $4,000,000 $1,200,000 $300,000 Milpitas 2,655 E $4,000,000 $1,200,000 $300,000 Pleasanton 2,758 E $4,000,000 $1,200,000 $300,000 San Mateo 2,800 E $4,000,000 $1,200,000 $300,000 Unincorporated Contra Costa 3,266 F $8,000,000 $2,400,000 $400,000 Berkeley 3,854 F $8,000,000 $2,400,000 $400,000 Mountain View 4,370 F $8,000,000 $2,400,000 $400,000 Santa Clara 4,525 F $8,000,000 $2,400,000 $400,000 Sunnyvale 4,677 F $8,000,000 $2,400,000 $400,000 Fremont 5,736 F $8,000,000 $2,400,000 $400,000 Oakland 10,261 G $40,000,000 $8,000,000 $1,000,000 San Jose 23,775 G $40,000,000 $8,000,000 $1,000,000 San Francisco 32,881 G $40,000,000 $8,000,000 $1,000,000 524 Page 1 of 4 Appendix C: Log of Revisions in Version 1.1 Administrative Guidance (April 2025) Revisions made in Version 1.1 of the TOC Policy Administrative Guidance integrate insights gleaned from further engagement with local partners since the publication of Version 1.0 in fall 2024. These revisions clarify the criteria for stations subject to the TOC Policy and provide greater specificity regarding the compliance requirements across the four policy components: land use density, affordable housing, parking management, and station access. Guidance Section Description of Revision Page III. Policy Applicability – Types of Transit Language removed that required a planned stop/station to be confirmed as subject to the TOC Policy by the adoption of the Plan Bay Area 2050+ Final Blueprint. This change better aligns with policymaker direction in MTC Resolution No. 4530 that the TOC Policy applies to all allocations of regional discretionary capital funding for fixed-guideway transit extensions regardless of when these allocations occur. 6 III. Policy Applicability – Types of Transit Language revised to specify that the criteria for determining whether a planned station is sufficiently defined is based completion of environmental review process using a specific station location. However, MTC staff retain discretion to determine whether a station location is sufficiently defined prior to completion of environmental review, in particular in situations where the station location has already been solidified by the project sponsor. 6 III. Policy Applicability – Types of Transit Language added to clarify that a project can be in Bin 1 of either Final Blueprint (as advanced into the environmental process/CEQA) or the adopted Final Plan for Plan Bay Area 2050+ for a planned station to be subject to the 2026 compliance deadline. Additionally, TOC Policy compliance is optional for projects that are in Bin 1 in the Final Blueprint but not in the adopted Final Plan. This revision provides greater flexibility to incorporate any potential changes by the Commission and ABAG Executive Board to the Plan Bay Area 2050+ Transportation Project List. 6 III. Policy Applicability – Exemption for Fixed- Guideway Stations Scheduled for Closure Language added to exempt stations scheduled to close (as identified in Plan Bay Area) from TOC Policy requirements. This revision reflects that policies 9 525 Page 2 of 4 Guidance Section Description of Revision Page needed for TOC Policy compliance have limited impact if a station is scheduled to close. III. Policy Applicability – Exemption for Stations with Service Two Days or Fewer per Week Language added to exempt stations with current and future service only two days or fewer per week from TOC Policy requirements. This revision acknowledges that stations with very limited service are less likely to be able to support the development and circulation patterns envisioned in the TOC Policy. 9 III. Policy Applicability – Partial Exemption for Tier 4 TOC Areas Outside Urban Service Areas Language added to exempt county governments from complying with the density requirements for Tier 4 TOC areas outside of the Urban Service Area. These TOC areas remain subject to all other TOC Policy requirements. While these areas are not yet envisioned to support dense development, other aspects of the TOC Policy remain important and impactful in these lower-density communities. 9 III. Policy Applicability – Multi-Jurisdiction TOC Areas Language removed that permitted multiple jurisdictions to submit a single compliance application for a multi- jurisdiction TOC area. The TOC Policy Submission Portal is not configured to accept a single application in these instances, and each jurisdiction will need to submit separate documentation. 10 V. Guidance for TOC Policy Submission – Section 1: Density for New Residential and Commercial Office Development Language added to clarify which zoning districts are subject to the TOC Policy requirements. Zoning districts that only permit less common forms of residential development (live/work, ADUs, transitional housing, etc.) are not counted for residential density calculations. Commercial and mixed-use zones where any type of office is listed as a permitted use are the only zones required to be included for commercial office intensity calculations. Jurisdictions may exclude industrial zones that permit office development from commercial office intensity calculations. The specificity added to this section promotes alignment between TOC Policy density requirements and local development contexts. 12-13 V. Guidance for TOC Policy Submission – Section 1: Density for New Residential and Commercial Office Development Description of the average density calculation revised to clarify that it is provided for illustrative purposes, but the calculation itself will be performed within the TOC Policy Submission Portal. These revisions clarify that local jurisdictions do not need to calculate average 14 526 Page 3 of 4 Guidance Section Description of Revision Page densities in their TOC areas, as these calculations are completed in the Portal. V. Guidance for TOC Policy Submission – Section 1: Density for New Residential and Commercial Office Development Added language noting that jurisdictions can count residential density available through incentives only if the California Department of Housing and Community Development (HCD) allowed this for the jurisdiction’s capacity calculations in a certified Housing Element. This change provides flexibility to use incentive-based zoning for TOC Policy compliance purposes, but only if aligned with HCD’s determination of a jurisdiction’s development capacity. 25 V. Guidance for TOC Policy Submission – Section 3: Parking Management Language changed to specify that a jurisdiction must explicitly allow shared and unbundled parking to receive compliance credit. This change simplifies the compliance assessment process by creating a clear standard for what constitutes “allowing” shared and unbundled parking. 35 V. Guidance for TOC Policy Submission – Section 3: Parking Management Language revised to clarify that whatever geography a jurisdiction uses within a TOC area to comply with AB 2097 can also be used to comply with all TOC Policy parking management requirements. This change is intended to minimize work for jurisdictions by preventing the need to determine two separate geographies for where to apply requirements for both AB 2097 and the TOC Policy. 36-37 V. Guidance for TOC Policy Submission – Section 3: Parking Management Language revised to clarify that jurisdictions are limited to the five policies listed from MTC/ABAG’s Parking Policy Playbook for complying with the complementary policies for parking management requirement. This change resolves previous ambiguity as to which policies are options for complying with this requirement. 37 V. Guidance for TOC Policy Submission – Section 4: Station Access and Circulation Minor language changes to clarify documentation requirements to demonstrate compliance with prioritizing active transportation projects. 40 V. Guidance for TOC Policy Submission – Section 4: Station Access and Circulation Minor language changes to clarify documentation requirements to demonstrate compliance with complete streets. 41 527 Page 4 of 4 Guidance Section Description of Revision Page Appendix A: TOC Policy Housing and Commercial Stabilization Policy Requirements – Production Policy 1: Inclusionary Zoning Added language to clarify that inclusionary zoning policy has to meet the required income mix regardless of whether a feasibility study was completed. This change aligns with the intent communicated in Resolution 4530 that inclusionary zoning policies create units for low-income households. 3 Appendix A: TOC Policy Housing and Commercial Stabilization Policy Requirements – Production Policy 4: Public Land for Affordable Housing Added language to clarify that jurisdictions should use the same standards as the Housing Element for determining sites suitable for affordable housing. Clarified that any publicly owned sites used to comply with this policy option do not need to be deemed surplus under the Surplus Lands Act. Provided a link to ABAG’s Public Lands Playbook as a resource for making inventory of publicly owned sites. These changes do not substantively change existing requirements but provide additional guidance for how these requirements can be met. 10-11 Appendix A: TOC Policy Housing and Commercial Stabilization Policy Requirements – Preservation Policy 4: Condominium Conversion Restrictions Revised minimum requirement for in-lieu fee. Instead of a minimum of $100,000 per rental unit converted to a condominium, the fee must be sufficient to mitigate the loss of rental housing that results from condominium conversions. Jurisdictions are required to submit a brief written explanation of how they determined the fee level. Revising the $100,000 minimum fee standard provides jurisdictions with greater flexibility to design policies that reflect local context. 25 Appendix A: TOC Policy Housing and Commercial Stabilization Policy Requirements – Preservation Policy 7: Mobile Home Preservation Revised “Tenant Relocation Assistance Plan” language that appears throughout the guidance document to instead be a “Resident Relocation Assistance Plan” for this policy option. Requirements for this plan were reworded to better fit the mobile home context. These changes do not substantively change existing requirements but resolve potential confusion created by the previous language. 33 528 DRAFT Evaluation Criteria Framework - MTC Transit-Oriented Communities Policy April 2025 MTC is sharing this DRAFT TOC Evaluation Criteria Framework so jurisdictions can test the framework and provide more detailed feedback to MTC staff alongside the slide deck/ material provided at stakeholder meetings and the May 2025 Joint MTC Planning and ABAG Administrative Committee meeting. Proposed weights, scores, and thresholds for substantial or partial compliance are conceptual at this stage and are subject to change. This does not represent a final score and is not a determination of whether a jurisdiction complies with the TOC Policy. We look forward to your feedback on this and please don't hesitate to reach out to TOCPolicy@bayareametro.gov with any questions. An asterisk (*) indicates draft numbers subject to change. Density (25 points total) Minimum Density – Residential (DU/A) Weight: 8 points* Tier 1 Tier 2 Tier 3 Tier 4 DRAFT* Score Fully compliant: meets or exceeds the standard 100 75 50 25 8* Substantial compliance: 85% of required standard 85* 64* 43* 21* 6* Partial compliance: 75% of required standard 75* 56* 38* 19* 4* Minimum Density – Commercial Office (FAR) Weight: 4 points* Tier 1 Tier 2 Tier 3 Tier 4 DRAFT* Score Fully compliant: meets or exceeds the standard 4.0 3.0 2.0 1.0 4* Substantial compliance: 85% of required standard 3.40* 2.55* 1.70* 0.85* 3* Partial compliance: 75% of required standard 3.00* 2.25* 1.50* 0.75* 2* Maximum Density – Residential (DU/A) Weight: 8 points* Tier 1 Tier 2 Tier 3 Tier 4 DRAFT* Score Fully compliant: meets or exceeds the standard 150 100 75 35 8* Substantial compliance: 85% of required standard 128* 85* 64* 30* 6* Partial compliance: 75% of required standard 113* 75* 56* 26* 4* Maximum Density – Commercial Office (FAR) Weight: 5 points* Tier 1 Tier 2 Tier 3 Tier 4 DRAFT* Score Fully compliant: meets or exceeds the standard 8.0 6.0 4.0 3.0 5* Substantial compliance: 85% of required standard 6.80* 5.10* 3.40* 2.55* 4* Partial compliance: 75% of required standard 6.00* 4.50* 3.00* 2.25* 3* Affordable Housing / Commercial Stabilization (25 points total) Production Policies (2) Weight: 8 points* DRAFT* Score Fully compliant: two adopted policies 8* Partial compliance: one of the two required policies is adopted 4* Preservation Policies (2) Weight: 8 points* DRAFT* Score Fully compliant: two adopted policies 8* Partial compliance: one of the two required policies is adopted 4* Protection Policies (2) Weight: 8 points* DRAFT* Score Fully compliant: two adopted policies 8* Partial compliance: one of the two required policies is adopted 4* Commercial Stabilization Policy (1) Weight: 1 point* DRAFT* Score Fully compliant: meets or exceeds the standard 1 or 0* 529 Parking (25 points total) Minimum Auto – Residential Weight: 2 points* DRAFT* Score 2 points if jurisdiction demonstrates that it prohibits minimums via attestation/resolution of AB 2097 compliance or code snippet 2 or 0* Minimum Auto – Commercial Weight: 2 points* DRAFT* Score 2 points if jurisdiction demonstrates that it prohibits minimums via attestation/resolution of AB 2097 compliance or code snippet 2 or 0* Maximum Auto – Residential (spaces/unit) Weight: 6 points* Tier 1 Tier 2 Tier 3 Tier 4 DRAFT* Score Fully compliant 0.375 0.5 1.0 1.5 6* Substantial compliance 0.4* 0.6* 1.2* 1.8* 4* Partial compliance 0.5* 0.7* 1.3* 2.0* 2* Maximum Auto – Commercial (spaces/ 5,000 sq. ft.) Weight: 6 points* Tier 1 Tier 2 Tier 3 Tier 4 DRAFT* Score Fully compliant 0.25 1.6 2.5 4.0 6* Substantial compliance 0.29* 1.9* 2.9* 4.7* 4* Partial compliance 0.33* 2.1* 3.3* 5.3* 2* Minimum Bicycle – Residential (spaces/ unit) Weight: 3 points* DRAFT* Score Meets required minimum of 1 bike space per dwelling unit 3* 0.85 to 0.99 bike space per dwelling unit 2* Minimum Bicycle – Commercial Office (spaces/5,000 sq. ft) Weight: 3 points* DRAFT* Score Meets required minimum of 1 bike space per 5000 square feet 3* 0.85 to 0.99 bike space per 5000 square feet 2* Allow Unbundled Parking Weight: 1 point* DRAFT* Score 1 point if jurisdiction has adopted the policy 1 or 0* Allow Shared Parking Weight: 1 point* DRAFT* Score 1 point if jurisdiction has adopted the policy 1 or 0* Parking Management Policy Weight: 1 point* DRAFT* Score 1 point if jurisdiction has adopted an applicable policy 1 or 0* Station Access & Circulation (25 points total) Compliant Complete Streets Policy Weight: 3 points* DRAFT* Score 3 points if jurisdiction has adopted an applicable policy 3 or 0* Prioritize or Implement Active Transportation Projects Weight: 7 points* DRAFT* Score 7 points if jurisdiction has prioritized or implemented active transportation projects 7 or 0* Compliant Access Gap Analysis Weight: 8 points* DRAFT* Score 8 points if jurisdiction has adopted a compliant access gap analysis 8 or 0* Compliant Mobility Hub Plan/ Project/ Application Weight: 7 points* DRAFT* Score 7 points if jurisdiction has adopted a compliant mobility hub plan/ project/ application 7 or 0* 530